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06/16/1975 - 5463PATRICIA RRNSTROM COUNCIL SECRE7ARY REGULAR COUNCIL MEETING JU^JE 16 1975 �, � � , . � � � � � .. � � � ' I�, � � � � ; ` � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 16, 1975 ------ --, L41 � ;i The Regular Meeting of the Fridley City Council of June 16, i975 was cal]ed to order. at 7:32 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those attending the meeting and invited them to join the Council in saying the Pledge of Allegiance to the flag. ROLL CALL: - MEMBERS PRESENT: Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee, Councilman Breider. MEMBERS ABSEP•!T: Councilwoman Kukowski PRESENTATION OF CERTIFICATES OF APPRECIATION: DONALD BIAIR PARKS AND RECREATION COMMISSION JOE `:'iRISTEN$EN PLATS AND SI;BDIVISION$, STREETS AND UTILITIES GEORGE MEISSNER PLATS AND SUBDIVISIONS, STREETS AND UTILITIES RICHARD FRENCH PLATS AND SU6DIVISIONS, STREETS AND UTILITIF.S WAYNE SIMONEAU BUILDING STANDARDS DESIGN CONTROL SUBCOMPIITTEE DON NELSON BUILDIN6 STANDARDS DESIGN CONTROL SUBCOMMITTEE WILLIAM TONCO. . BUILBING STANDARDS DESIGN CONTROL SUBCOMMITTEE FATHER ED CHP4IELEWSKI CATV COMMISSION BARBARA HUGHES CATV COMt4ISSI0N ; GEORGE ZEGLEN CATV COMMISSIOPd RUSSEL HOUCK ENVIRONMENTAL QUALITY COMMISSION HARRY CROWDER BOARD OF APPEALS DON CISAR POLICE COMMISSION Mayor Mee called those forward in attendance at the meeting who were to receive awards. He explained that there.were a number of people retiring from the various Boards and Comnissions due to the reconstruction of the member commission structure. Mr. Richard French, Wayne Simoneau, George Zeglen, Russel Houck and Mr. Don Cisar were present to receive the certifica�es. . Mayor Nee read the.certificates to the recepients and said they are issued with profound gratitude from the City Council. He thanked eacn of the men present and said the Council appreciated their efforts. . APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF APRIL 21, 1975: MOTION by Coucnilman Br•eider to adopt the minutes of the Regular Meeting of the Fridley City Council of April 21, 1975 as presented. Seconded by Councilman Starwalt. Upon a.voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. . ADOPTION OF AGENDA: .� ' Councilman Breider said he would like to add a petition for improvements in Terrace Park. MOTIOh by Councilman Starwalt to adopt the agenda with the addition of the petition concerning Terrace Park. Seconded by Councilman Breider. t)pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: MR. R. G.'RUti1PSA, 1481 NORTH INNSBRUCK DRIVE: PRfSENTATTON OF PETITION REQUESTING ACTION CONCERNING DUMPING OF BUILDING MATERIAL AND TREES IN VACANT LOTS I�t NORTH ; INNSBRUCK: j • Mr. Rumpsa addressed the Council and said there has been a problem of builders dumping building materials and trees in the vacant lots in Innsbruck North. . . MOTION by Councilman Starwalt to receive Petition No. 14-1975, concerning the dumping of building materials in vacant lots in North Innsbruck. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. unanimously. ' . � I r� � � 242 REGULAR COUNCIL MEETING OF JUNE 16, 1915 PAGE 2 Councilman Starwalt asked if the trouble was with contractors or individuals and Mr. Rumpsa said this was with everyone, individuals and contractors from the area and outside the area. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if there was anyone else that wished to address the Council under the Visitor's Section. PUBLIC HEARING: PUBLIC HEARING ON THE OVERALL WA7ER MANAGEMENT PLAN FOR RICE CREEK WATERSHED DISTRICT: Mayor Nee said the purpose of the current public hearing was to obtain as much expert analysis and publicinput as possible prior to the public hearing by the Watershed District on the coming Saturday, June 21, 1975. He said he would like some input on what the City's position would be at that hearing.. The Public Works Director explained that this would be the unofficial public hearing on the overall plan and that the City had invited managers of the Rice Creek Watershed Oistrict to attend this hearing. Mr. Sobiech continued to explain that the overall - plans are required by all watershed districts by Act, and all districts must prepare such an overall plan. He said the plan would be subject to review and modifications after its adoption. He said each individual development or improvement plan will be � reviewed to see that it follows this overall plan and would be subject to the procedures set in the Watershed Act. He said if there was any development along the creek, the adjacent and/or affected property owners would be called in. Mr. Sobiech explained that the Overall plan had been submitted to the Fridley Environmental Quality Commission anc: he read their comments in the minutes of their June 10, 1975 meeting concerning the Oyerall Plan. He said the plan is also being reviewed by the DNR, He said the DNR was not in the position to send a representative to the current meeting. He said the Administration did not feel that there will be any adverse affects from the plan. Mr. Ernest Petrangelo, Rice Creek Watershed District, said the basic and most primary directive of the Overall plan is to preserve and control the water in the Rice Creek Watershed District. He explained this to be a complex task which would deal basically with the drainage and preservation of the Watershed District, maintain the quality and quantity of the water. He explained that there are 30 municipalities in the district and some of them have only one purpose, to get rid••of water. He said the success of the preservation'pf the district would depend on how this water is disposed of. He said they hoped to control the release and drainage of the water in the district. Mayor Nee asked Mr. Petrangelo what aspects would fix the problems in the City of Fridley. Mr. Petrangelo said the problems in the Fridley area will be corrected. He said the Watershed District had already done many things to help alleviate the problems in the funnel end (Fridley Area). He mentioned that all involved are concerned about sedimentation and siltation. He said rules and regulations would have to be adopted to control the erosion problem. He mentioned the erosion control measures that must be followed by the adoption of the permit system. Mr. Petrangelo said the turning around paint has been reached and it will take some time to correct the damage that ' has been occurring for a great number of years. He said the siltation and�sedimentation is caused by water carrying along the creek bed and sand and silt from ditchways. He said the DIstrict has required development in the district to be done by pondirig rather than direct discharge in the creek. He said this type of activity would stop the siltation and sedimentation and filling of Locke Lake. He mentioned some of the measures being taken as establishing the permit system, controlling construction, requiring suitable controls for ponding. He said it is the intent of the Board of Managers to correct the problems so the sedimentation and siltation are taken care of. He said this has taken years to develop and will take time to correct. Ne said by the adoption of the overall plan, they would be able to come to a stopping point. He said this would be a workable tool to address the problems in the funnel end of the Rice Creek Watershed District. He comnented, to see the progress, many conditions up stream would have to be corrected first. � Mayor Nee asked what the contents of the large Overall Plan was really saying. Mr. Petrangelb said the book contains data that will be used to make good and long standing decisions and implement pragrams. He said they had begun to determine and gather information for this data base.such as water quality and quantity based on engineering principals. • Mayor Nee questioned what is meant by channel improvements. Mr. Petrangelo said there �\ would be no extensive channelization of Rice Creek. He said they had no intention of , _ creating a straight ditc�, they were also considering the esthetic values. He said � �� � � � � �� � � �J � � � � 1 . . . �43 ' PUBLIC HEARING MEETING OF JUNE 16, 1975 PAGE 3 �` \ i� � � the creek is a meandering creek and thisis one reason that there are problems,with erosion. He said they are proposing the stabilization of the banks in many forms. he said they would iike to keep the creek the way it is, and if anything is done, they would like this work to improve the creek with stable banks and at the same time have this act as a drainage conduit. Mr. John t+lcCenna�n, representing Nickok Associates, expla�ned that the progress that has been made is working quite effectiveiy. He used the example of the construction of the Medtronics Building. He said if the erosion control measures had not been taken, the building would have washed into the creek. He further po�nted out with the laws of 197�, it makes it a misderr�nor to act without theproper authority of the Rice • Creek Watershed District. Mr. McCennan continued to comment that it has been said that the Overa]] Plan as presented is too vague or too large. He mentioned that if a specific project came along, it would be taken care of with spec�fic plans and hearings and notice to the people involved. He explained the local authority by stating that if the City of Fridley wanted to pass their own erosion contrcl ordinance, this would take precedence over the Rice Creek Watershed District ordinances. He said the managers of the District were not attempting to take over as an active body of go�ernment. Mr. Roger Wilson, 6941 Hickory Drive, said according to the map, there are 20 lakes in the District before the Mississippi River. He asked if any of the lakes are filling up such as Locke Lake. Mr. Petrange7o said the lagoon in'Long Lake is filling up. Mr. Larry Weimer, 221 Rice Creek Terrace, asked who would be paying for this work. Mr. McCennan mentioned the current mi]1 rate and said with the new law it wouid � be possible to raise this mi11 rate and all who 7ive within the Cistrict would pay for this A resident of the area asked if there would be any direct assessment to the people residing on Rice Creek. Mr. McCennen said if there are any specific improvements to benefit the abutting property owners, they would be assessed. He mentioned there are three other methods of assessment, but they are complex. He said in general work there can be a hearing with the assessment being levied across the whole district. He mentioned inthe case of the sedimentation of Locke Lake, this sedimentation is not coming just from Fridley, and if something is done about this, people other than Fridley people would be assessed. Mr. Nick Garaffa, 6750 Monroe Street, asked in a large development where a pond is required, is it the responsibility of the deveioper or the City to create such a pond. Mr. McCennan said this is something that does not cost the citizens anything. He exp7aine din most cases the land to be developed wouid have some good and some bad ground. He said the lower ground is normally used for *,he ponding area. Mr. Garaffa said genera7ly the developer would take care of the ponding. Ne added, the City of Fridley had this type of situation and the City•had paid for it. Mr. McCennan asked if Mr. Garaffa was talking about the development adjacent to the New 8righton border. He said there are a number of residents'draining into this area and the City had some responsibility. Mr. Garaffa said normally, the developer takes care of this. • Mayor Nee asked what was being proposed in the book which is the Overall P1an: Mr. McCennan said this.is an overall plan and continued to correnent that in section Nine, there is a list of projects the managers would like to undertake. He read this list aloud tc,the Counail and audience. He said besides the creek, the tributaries have to be taken care of. Mr. Wyman Smith asked if there would be some trouble with the City and the Board. He asked if the City would have the right of veto power over the Rice Creek Watershed District. Mr. McCennan said this is difficult to analyze. He said he did not think the City of fridley could for the City of New Brighton to do something, all wouTd have to work in cooperation. • • Mayor Nee mentioned that someone said the work had to be petitioned by the City and he asked if the Rice Creek Watershed District did not plan to say what work had to be done. Mr. McCennan said any group could petition work to be done. Mayor Nee said the people are not experts. Mayor t�e questiond if the City would send a letter asking that the District help with the problems in locke Lake, what would be done. Mr. McCennan said the Board would examine this and have a hearing. He said if there are no objections, plans and cost estimates would be obtained and another hearing would be held to determine how the improvement would be financed. Mayor Nee said the initiator of the plans would be the City, not the Rice Creek Watershed Dist'rict. Mr, McCennan said yes. Mr. Wyman Smith asked if there is a speciaT assessment, would this have to have a higher vote on the part of the Board.. He questioned if the Board feels z44 _. __ _ _ _ RE6ULAR.COUNCIL MEETING OF JUNE 16, 1975• PAGE 4 that there should be ian improvement and the public opposed it, would the Board still have the power to complete the improvement. He asked if the law would give the Board the power to say the people are stupid. Mr. McCennan said if the Board feels the � improvement wouid be in the best interest of the health, welfare and interest of the people it could be initiate�i, He said the people would have the right to take the ' Board to Court. He explained that the managers are� appointed by the County Commissioners and the County has direct power over the District. He said the County Commissioners would have the power to appoint or not appoint the managers. He said this is not a political appointment by election. Mayor Nee said the people would like,to know who to hold accountable, would this be the City or Rice Creek Watershed District. f4r. McCennan said this would be the managers on the Rice Creek Watershed District. He said if the people want something they would not have too much trouble getting the petition together. Mr. Richard Harris asked what the boundaries of the District were in the City and how these boundarise are determined. Mr. McCennan pointed out this area on the map and said t`�is is determined by the Department of Natural Resources and this would be the areu draining into Rice Creek. He said the area is narrow toward the River because much of this area drains directly into the River. Mr. James Antell, 6801 Hickory N. E., asked if the Locke Lake area is salvageable. Mr. McCennan said this area is salvageable and it could be cleaned out. He said years ago the area under the railroad tressel was 10 to 15 feet deep. He said it could be cleaned.out so that it is a nice lake. Mr. Petrangelo said dY�edging is very expensive but he vaould say that Locke Lake is salvageable. He said in time if the siit could be stopped, Locke Lake could be maintained as a nice Lake. He said there had been progress in the siltation in the last oneto five years. Mr. Antell asked if the people assessed and benefited from this type of dredging would only be the people residing on Locke Lake. Mr. McCennan said the probiems are from Long Lake to Locke Lake. He mentioned the worse area to be from Long Lake down. Mr. Antell asked what about the drainage from the streets:and other parts of the City. Mr. McCennan said this type of drainage al�so atributes to the sedimentation. Mr. Petrangelo said he did not think that this was as much of a problem as the banks eroding and the creek bottom being washed away. Mr. Petrangelo said he had lost three feet of bank in his yard. He thought something could be done abo�t it. He mentioned all that had been done so far was to gather information and study the data. Mr. Petrangelo said with the approval'of the overall plan they could get the go ahead. Mr. Antell asked if it would be up to the residents on Locke Lake to petition the district. Mr. Petrangelo said it would be done by this meth�d or the residents could petit�on the City Council and the Counc�l could submit the petition to the District. He said if the people came to the District directly, the District would work with the City Council. A resident of Locke Lake said the lots on the Lake are being affected by other people's . silt. Mr. Petrangelo said the people would have to go the petition route and see what could be done about it. . A resident of Rice Creek asked if there would be any type of plan to return the eroded material from the sedimentaion areas to the points that had been washed out. He asked if •the creek frontage would be returned to the original site. Mr. Richard Silverstein, 6675 East River Road, said he had lost from 9,000 to 10,000 � square feet of fill and asked how he would get this back. He mentioned that wild life and trees had been lost by the score. Mr. McCennan said this could be put in the maintenance area or channel improvement. ' • A resident of Locke Lake said something that had not been brought up is the amount of sand being washed into Locke Lake from the streets. Councilman Fitzpatrick said one question in the mind of everyone is who would p�y for the correction of the problems in Locke Lake. P1r. Petrangelo said he would like to see the improvements done with a district wide assessment levy. He mentioned he did ' not know if he would get objections from other managers. Mr. Petrangela said he did not know to what degree, the improvements upstream would take care of the Locke Lake situation. Councilman Fitzpatrick said a hearing wouid follow the receipt of the � petition. Mr. McCennan said the overal plan would have to be adopted before.anything ' �� is done in the district. �� Councilman Fitzpatrick aske� who would determine who would benefit from the improvements. � REGULAR COUNCIL MEETING OF JUNE 16, 1975 _ PAGE 5 ' L4�5 � � � Mr. Petrangelo said this would be determined by the Watershed Act, Chapter 112. Councilman Breider questioned who would pay for the restorative work. He said if the City of Fridley or City Council petitioned for the improvement, would this be � paid for out of the general funds. He questioned if the other contributar.ies would � also benefit. Councilman Breider said if the Watershed District would determine there � shoutd be an improvement, and each of the district municipalities would have to pay ` their share, does the Rice Creek Watershed District determine the share for each. Mayor Nee said the City would be contributing a great deal of water ihrough their street drainage. Councilman Fitzpatrick said the drainage from the Ciiy owned 1 property might be one quarter of the City. Councilman Breider said this may be true, but how does the City get to the point of knowing how much is the entire City share. � � � � � � II � �� Mr. Leon Madsen, 561 Rice Creek Terrace, addressed the Council and said they were currently discussing improvement of Locke Lake and the Creek in the City of Fridley. He.mentioned the possibility of putting in holding ponds up stream in New Brighton and Lino Lakes. He said with development taking place up stream, this will increase the siltation and sedimentation. He �id the Board of Managers should establish some type of estimate for what the assessments �vould be and this would be more equitable in the long run. He said all that is done should be evaluated on who in the City of Fridley will be affected and who in the other communities in ihe same manner. Councilman Breider said Mr. Madsen brought up a good point that an assessment procedure should be established along with the overall plan. H� said this wouid enabie all affected to know how this is going to wo.rk. Mayor Nee said this would be better than providing this by project. ' Mr. McCennan said ihis wouid be one way to assess by the property directly benefited, but another way would be to ca11 the improvements general and have them be taken from •the administrative fund. Mayor Nee asked how th9s would be workable when there is a great deal of private property. Ne asked how public work could be done on private land. Mr. hicCennan said this could be done, the state has jurisdiction on some of the water ways. � Mr. Nick Garaffa asked if Federal Funds could be used to heip with this. Mr. McCennan said this would be possible. Mr. Garaffa asked the procedure for obtaining such funding. "�r. McCennan said this would be in the same manner as funds are obtained by the City from the Federal agencies. He mentioned one of these agencies to be the Corps of Engineers. Mr. Garaffa asked what percentage wou�d be taken care of by Federal funds if the project is eligible. Mr. McCennan said this would depend on the program and it might be as hiyh as 90�6. He said this may be in some cases, but he did not think this would be typical of what they, were tal4;ing about at the present time. A resident asked h�lti many years down the road would it be before completion of ihe system. Mr. McCennan said it depends on how the land is developed. He added, this is five times the waier going into the creek than there was many years ago. A question was raised if there wouid be some r�se in the water. Mr. P�cCennan said no, there is quite a bit of land up there and much of it would be available for water management. , Mr. Eugene Gruenberg, 6963 Hickory Circle, said it appeared to him that the sedi- mentatr`bn was increasing rather than decreasing. He said if something is not done soon, something would happen like the dam going out. Mr. McCennan said this season is different than what the people are used to. Ne said a great deal of silt was deposited in the Lake before the condition became noticable. He said a small amount of siltation might look worse than before. He said much of this is due to the construction of roads and sewers. He said he didnot think the conditions are as bad as they had been. Mayor Nee said the residents of Locke Lake are not convinced of this. Mr. Donavan Schultz, 15 Rice Creek Way N. E., .questioned if the process of getting � the siltation out of Locke Lake would be more difficult and expensive than getting it out of a stream. Mr. McCennan said he did not think it would be too expensive or add to the expense. � � Mr. Dennis Schneider, 6190 Stinson Blvd., asked what authority the Rice Creek Water- shed District would have over a developer filling in or draining a marsh. Mr. McCennan said the policy is not fill in or drain a marsh. Mr.� Schneider aksed if the Rice Creek Watershed District would override the actionof the City. Mr. McCennan said the District always has and he could cite many examples of this. He mentioned they may have missed the one in Fridley next to New Brighton. ' 246 REGULAR COUNCIL MEETING Of JUNE 16, 1975 PAGE 6 Mayor Nee said this was not relative to the current item and should not be discussed. at the current meeting. • Councilman Starwalt said the assessment procedure is still a little hazy. Mayor Nee said the procedure is spelled out in the law. • Mr. Dimpke, Manager of the Rice Creek Watershed District, gave a thorough explanation of an assessment process in the Lake Johanna blatershed Area and said the costs for this project were levied to a large area with each home valued at $25,000 paying 25¢. A resident of the City asked if it would be reasonable to request the City Council to ask the Rice Creek Watershed District to do something about this. Mayor Nee said he was not sure what should be done. He mentioned the staff felt the overall plan was a reasonable approach to the problem. Mr. Howard Gruna> 261 Rice Creek Terrace, said he thought most of the people are.in favor of going ahead with this plan. He mentioned the original steps in initiating the Watershed District were taken in the City of Fridley 12 years ago. He said they felt the Watershed District was the best ��ay tc solve the problems. The City Manager said the City representatives could go to the hearing indicating agreement with the concept of the plan. He added, he'would indicate the City would fav�r bank erosion controls and an assessment on a broader area basis than those immediately affected. He mentioned that all of the persons interested should go to the hearing. The Public Works Director explained that the hearing by the k�atershed District would be the coming Saturday morning at 1Q:00 A.M. at the Centervil1e Elementary School in Centerville Minnesota. Mayor Nee asked the members of the Cou��il if this went along with their thinking. The consensus of the Council was agreement of the concept of the plan. ORINANCE N0. 585 - ESTABLISNING CHAPTER 113, REFUSE DISPOSAL AMENDING_CHAPTER 11,_ — __ _.._ ___,... ,.....,,-.-„ „� ��.�ncTC nrconcnil. Councilman Starwalt said the Council had discussed an amendment in the ordinance concerning the haulers driving one extra vehicle in the City for a period of three days without it being licensed. He said he cauld not find this change i.n the ordinance: The City P1anager said there had been a meeting with the haulers at which two were present, He said the staff representative was the Environmental Officer, Mr. Steve Olson. He said those present did not see any problem in notification to the City in this instance. They felt no need for this provision to be in the ordinance. He said it would be better to handle this type of situation with mutual trust rather than incorporate specific language. ' • Councilman Breider referred to page 2-C of the agenda and asked why there was a blank in section number three. The Public Works Director said the date of the adoption of the ordinance would be inserted ir this blank. Mr. Richard Narris asked if the portion of the ordinance concerning composting had been added: The City Manager said basically> this is not allowed within the ordinance. Ke added, like any law, if this is not included with specific language there would b� no problem. Ye said if the compost pi]e becomes a nuisance, it could be taken care of on � the complaint basis. He felt the health ordinance would take care of this. \ Mr. Harris said he did not agree with arbitrary enforcement of ordinances. He said he felt this should be spelled out. He said what may be a nuisance to one person would • not be a nuisance to another. The City Manager said this had been researched and the laws existing in other communities are so complicated that people would give up composting before following the ordinance. Mr. Olson explained that he had found a compost ordinance and this said the ccmpost ' � had to be stored in a rodent proof, flyproof container. Mr. Dennis Schneider said .isn't anything that draws flys and rodents a health hazard. • He questioned if there was some language that would make this more acceptable. ' Mr. Olson referred to Section 113.01, Section Number 6, and read this portion of the a or Nee su ested that the wording !� • ordinance dealing with grass clippings, etc. M y 99 . "g'rass clippings be cut and the language "except compost poles" be added. Mr. Olson i . . REGULAR COUNCII MEETING OF JUNE 16, 1975. PAGE 7 247 said the acceptable meaning of the word refuse is solid waste. He mentioned that gravel and similar materials is considered.waste. He read this section of the ordinance and said compost is debris. Mayor Nee said this would rule out all organic farming. Mr. A]ex Barna, 560 Hugh Street N. E., explained that compost can be made from all organic materials inc]uding food scraps, animal waste and other substances. He said thything that is organic is compostable. MOTION By Councilman Fitzpatrick t"o refer the ordinance back to the Administration to add a provision for compost. . Mayor Nee said the recycling of or.qanic material has increased in popularity the last few years. He said a City compost pile had been proposed in the last year's budget. SECONDED BY -Councilman Starwalt. The City P-nager said the City Council wanted quick action on the proposed ordinance and this is the fourth time thai it had come before the Council. He said this ordinance had been rewritten just as the Council had directed the Administration to prepare�it. The City Manager suggested rather than refer the ordinance back to the administration that some language be added at the present time to state, "leaves and grass can be stored for recycling as long as this does not cause a health hazard". COUNCILMAN FITZPATRICK WITHDREW his motion to send the ordinance back to the administration MOTION by Councilman Breider to amend the ordinance by including the language that "leaves and grass c]ipping piles for organic recycling are exempt from refuse as iong as th�s is done not to become a health hazard or nuisance". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously. MOTION by Counci7man Breider to waive the second reading of the ordinance and adopt the ordinance on second reading and order publication of the refuse ordinance as amended. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor ' tdee declared the motion carried unanimqusly. CONSIDER�TION OF APPROVAL OF PLANS AP1D VARIANCFS BY MERIDAN CORPORATION, 7899 EAST RTVER ROAD TAQLED•2, i975 : � The Public Works Director explained that this was a request by the petitioner for variances for construction on East River Road and 79th Ayenue. He referred to page 3 of the agenda book and explained the number of variances requested. He pointed out that the Board of Appeals at their meeting of May 13, 1975 recommended approval of the variances (noted as � A through G) with the stipulations that there be a no J eft turn sign on. the exit to East River Road and that three parking stalls be eliminated on the northwest corner of the property in the hope that this be turned into green area. Mr. Sobiech said the Building Standards Design Control Subcommittee at their meeting of t�ay 22, 1975 � recommended approval of the variances and request with a number of stipulations. The• Public Works Director indicated there were three representatives of the petitioner present. � � � ' Councilman B'reider questior.ed if the Ceuncil had considered cTosing off the East River Road entrance. Councilman Fitzpatrick said he felt this was a considerable aspect. A representative of the petitioner said he fe1t they could get along without the access. Mayor tVee asked if the property owner Would petition for the City for a change in the zoning to C-1. The representative asked what the time element would be on this type of application. He �id the 7-11 Store peop]e would be using a part of the building and they would like.some indication on the approva]. P�ayor, Nee said this would not have to be processed at the present time, only petitioned for. He added, this would be a future guarantee for more restrictive uses. He sa9d this type of zoning would allow the uses petitioned for at the present time, but would eliminate the possibility of other uses inthe future. The representative asked if there would be any assurances_that they would get the building permit. ' Mayor Nee said the Council was talking about the additional stipuiation that the access on East River Road be closed'off ar� that the applicant petition for a change in zoning. 248 REGULAR COUNCIL MEETING OF JUNE 16, 1975 . PAGE 8 from C-2S to C-l. After considerable discussion concerning the zoning change and development of the property, the applicant said he would not object to these stipulations. The City Manager pointed out another stipulation should be the dedicationof an easement on East River Road for right of way. The applicant questior.ed the parking requirements under the proposed zoning and asked if this would change the criteria. The Council consensus was that the maximum would be allowable, but his could be reduced if necessary. MOTION by Councilman Fitzpatrick to approve the variances with the stipulations recommended by the Building Standards Design Control Subcommittee and the Board of Appeals and with the additional stiupation that there be no access on East River Road, that an easement be dedicated on East River Road for right of way, and that the applicant will petition for zoning change from C-2S to C-1 and that there will be no contest on this zoning change in the future. Seconded by Councilman Starwalt. Upon a voice vote, all voting . aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 507, OF THE CITY CODE MOTION by Councilman fitzpatrick to waive the f�i~st reading of the ordinance and adopt the ordinance on first readinq which would amend Chapter 507 of the City Code of the City of Fridley relating to Municipal Bathing Beaches.. Seconded by Councilman Breider. Councilman Starwalt said he questioned this amendment because it would not allow a man to take his family on a picnic and take a beer from his picnic basket and drink it. The City Manager said under the existing ordinance this would be unlawful. He explained the current action to make the ordinance camply with the useage of the parks in the City. He said it would make it possible for beer to be used in Locke Park, in Commons Park with a permit and also neighborhood parks with a permit. Mayor Nee said perhaps the key to this ordinance would be k�hat is the beach area and what is the park area. The City Manager said if the people want to picnic they should go to Locke Park. The City Manager indicated that the Council h'ad received a recommendation from the Parks and Recreation Department that the current ordinance should be enforced. He said the Council has asked that something be done to have the crdinance comply with the present use of the parks. He said the provision to allow the use of beer in neighborhood parks had been added to allow neighborhood pi�nics. Mr. Richard Harris asked if this item had gone before the Parks and Recreation Commission.. The City Manager said they had reviewed the item twice. Mr. Richard Harris asked if this would be another arbitrary law. Mr. Nick Garaffa, 6570 Monroe St. R. E., said ifi the problem is that too many young people are abusing the parks, wt,y doesn't the Council adopt an ordinance directed at this k�nd cf problem. D1ayor Nee said the City has an ordinance to flatly prohibit consumption in City parks and it is not being enforced. Councilman Breider said the ordinance should be enforced, but currently the Council was talking about what is tolerable and reasonable. He said if the currently being proposed ordinances are adopted, it would a11ow use of beer in all of the City parks upon gaining a permit and Locke Park without a permit and would only prohibit beer on the beach areas. He said they would be considering two different ordinances, one referring to parks and the other beaches. � �` Councilman Starwalt said he did not want to stir up any problems, but he thought the tproposed ordinance was going too far: Councilman Breider said the ordinance was amended by recommendation of the City prosecutor and because he had a problem. He questioned why the ordinance concerning beaches had been brought to Council. He said he could not remember this being discussed before. � Councilmdn Starwalt questioned if the ordinance should be referred back to the Parks and Recreation Commission. Councilman Breider said he wished the prosecutor was present to inform the Council on what would be undesirable about the present ordinance. � Mr. Garaffa said he thoug�t the permit should be issued on a once a year basis. He questioned �� if someone wanted to have a picnic, could they reach someone in City Hall on Sunday afternoon , ' to obtain a permit. � � � � !� � ' � � � � �) � � � � �� � � � REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 9 L�9 Councilman Fi:tzpatrick said if the people want to picnic, they should go,to �ocke Park. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Council- man Breider voting nay, and Councilman Starwalt voting nay, Mayor Nee declared the MOTION FAILED. CONSIDERATION OF FIRST RERDING OF AN ORDINANCE AMENDING CHAPTER 508 OF THE CITY CODE OF THE CITY Of FRIDLEY RELATING TO PARKS AND PARKWAYS FROM MEETING OF JUNE 2, i975 : Mayor Nee read the proposed ordinance to the Council and audience. MOTION by Councilman Starwalt to adopt the�ordinance on first reading amending Chapter 508 of the C9ty Code of the City of Fridley relating to Parks and Parkways. Seconded by Councilman Breider: Councilman�Starwait suggested that the ordinances be directed to the Parks and Recreation Comnission for a wide spectrum ordinance. The City Manager said this has gone before them twice in the past. He said the ordinance had�been amended to conform to what had been disc�.ssed at the last meeting of the Council. He said this was more liberal than what the Parks and Recrezt�on Commission had recommended He mentioned that this may not serve a workable purpose to send the consideratipn back to the C.omniss�on. Ne said if there is further modification to be done thfs could be done.by the Counc�l at this time or in the future by amendments. The City Manager �inted out that if the current ordinance remains in effect, and d citizen called on this type of violation, the City would be forced to prosecute, because the accepted practice is in vioiation of the City Code. Councilman Starwalt questioned whether beer wouid be aliowed at the present time since the ruling concerning non-intoxicating malt liquor by the State. Ne suggested dropping the wording "non-intoxicating malt liquor" from the first paragraph. The City Attorney said non-intoxicating is defined,by less than 3.2 percent of alcohol by o-�eight. Mayor Nee said he thought the amendment needed to be changed to strike the word beer. The Ciiy Manger said the problem would be an enforcement. He mentioned one would have to look at th� cans to determine the content. Councilman Breider asked what the purpose of the ordinance would be. The City Manager said currently, the consumption of beer or liquor in the City Parks and the City is making exceptions to allow 3.2 beer. He said the ordinance would not be more restrictive, it would be m.ore liberal. Councilman Breider asked if it is not permited at the present time, why was this Section being added. Councilman Fitzpatrick said 3.2 beer is not intoxicating liquor. The City Planager said tha Public Safety D9rector had done a great deal of work on the subject. He added, the ordinance had been given to the Council in just the way that they requested it. He suggested that the ord�nanLe be adopted on first reading. Mayor Nee said the question would be whether or not they want 3.2 beer in the park system, Gounci]man Breider agreed and said the purpose of ihe ordinance was to be able to prosecute people who get out of hand. Mayor Nee said this would nat be alloared in the parks without a permit. Counci]man Breider asked the City Attorney his opinion of the concern. The City Attorney said he thought this should be defined in the ordinances. He suggested � the wording relate to the amount of alcohol rather than a specific name. He mentioned ' if the law is going to be enforced, it would make it necessary to look at the container. The City Manager explained there may be some problems fn th�s type of enforcement if several peop]e are consuming beverages and only some are causing problems. Ne suggested . the ordinance be adopted on first reading and more information couid be obtained for any possible amendments on the second reading. Mayor Nee restated the question before the Council asking if they would want tQ_ permit the use of 3.2 beer in the parks on a permit basis, or enforce the current ordinance. , Councilman Starwalt said he was under the impression that the Council was trying to el�minate prob]ems not excuse what is prohibited. Councilman Fitzpatrick said he would like to see an ordinance that could be enforced. He said presently, the ordi�ance is not being enforced. Mayor�Nee asked what reasonable compromise would be. The City Manager pointed out that. REGULAR COUNCIL MEETING OF JllNE 16, 1975 PAGE 10 251 the Parks Commission had said to enforce the present ordinance and the Council mqdified it. He suggested the Council adopt the ordinance on first reading and amend if necessary on the second. Councilman Starwalt asked if it would be suitable to work out an ordinance that would take care of all of the possibilities successfully. The City Attorney said this would be possible. MOTION by Councilman Breider to table the consideration of the first reading of the ordinance amending Chapter 508 of the City Code and refer this back to the administration for reviesa by the Prosecuting Attorney and the non intoxicating section, and that the Public Safety Director and the City At�rne,y work together in the drafting of a suitable ordinance. Seconded by Councilman Star�ialt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (Note: This ordinance was taken from the table later in the discussion.) Mr. Albert Campbell, 5840 3rd St. N. E., said when you are talking about beer, it depends on the consumption not the alcohol content. He exp1ained that it wouad be possible to ' become intoxicated on 3.2 beer. A member of the Fridley Jaycees addressed the Council and said at the softball tournaments they have to tell people that is is a7right to drink the beer that is sold on•the premisis, but inform them that they cannot bring their own. Councilman Starwalt said it was his hope that the ordinance would solve this kind of problem. Mr. Alex Barna, 560 Hugo Street N. E., referred to the softball tournament and said all who are participating are told that they cannot bring in their own beer. He said they caution that this is against the City ordinances. Councilman Starwalt questioned if the ordinance should perhaps be adopted on first readinc and the Council could work on the amendments in the future. Mr. Barna said it would be possible for the City Attorney to work out a better worded ordinance. . ' 'fhe City Attorney questioned what the Council meant by non-intoxicating. Councilman Breider said this should be done to include 3.2 beer. Mayor Nee said the matter could be taken from table. Councilman Breider said the ordinance could not be adopted and published before the tournament. MOTIDN by Councilman Starwalt to remove the consideration of the amendment to the City code in Chapter 508 from table. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider said he would assume even if the ordinance is adopted on first reading that the intent would still be to ask the administration to prepare the material from. the City Attorney, Prosecuting Attorney and Public Safety Director. Mayor Nee agreed with this statement. • Councilman Starwalt asked if the ordinance should be directed back to the Parks and Recreation Commission. � Mr. Nick Garaffa said the Council has discussed the fact �hat the Commission had reviewed \ this matter twice in the past. Ne said the Council had changed their recommendatjon , CONSIDERATION OF ITEM REGARDING VANDALISM IN CITY PARKS AND SCHOOL PROPERTY (FROM MEETING � F M Y 1 , 19 7: Councilman Breider said the resolution and action was recommended by Columbia Heights and sent back to the Administration for review. He said the recommendation af the'Public Safety Director was to send a letter to the Judges stating that the City wiTl cooperate . with any action initiated by the Judges in respect to juvenile court and their proceedings. MOTION by Councilman Breider to send a communication to the District Judges indicating • the City of Fridley is aware of theintentions of the proposed resoiution and is willing . .•to work with the court system in any new procedures they may develop. Seconded by �\ Councilm�n Fitzpatrick. UPon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimiously. . , f,�+� � � � � � � �� � i � � r � r � � � �� 252 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 11 NEW BUSIPlESS: CONSIDERATTON OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST BY RICHARD PQVLITZKI, ZOA #75-02, TO REZONE FROM C-1 TO C-2, 7365 CENTRAL AVENUE N. E.: MOTION by Councilman Breider to table the consideration of the first reading of an ordinance for rezoning request by Richard Povlitzki Z0A #75-02, to rezone from C-1 to C-2, 7365 Central Avenue N. E. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick said the rezoning would take four of five votes and in the absence of Councilwoman Kukowski, he felt this item should be tabled. Mayor Nee said the Council can take action with four members. The Gity Manager said there would have to be a four/fifth vote to adopt the ordinance. UPON A ROLL CALL VOTE TO TABLE THE CONSIDERATION, Counciiman Breider voting aye, Couni]- man Fitzpatrick voting aye, Councilman Starwalt voting nay and Mayr P�ee voting nay, Mayor Nee declared the motion failed unti] Mr. Mark Ffaggerty, Attorney for Mr. Povlitzki addressed the Council and asked tt�a the Council reconsider the action since if the Council would take action to adopt the ordinance and it failed, it would be six months before the mat.:r could be considered again and Councilman Starwalt reconsidered his vote and changed it to aye and Mayor Nee declared the matter tabled until the July 7th meeting of the Council. Councilman Starwalt said he changed his vote upon the request by the petitioner's Attorney, not as a delay act�on. Mr. Haggerty said this was understood and�he favored the tabling of the matter. ING OF AN ORDINANCE FOR VACATION REQUEST BY MACHINING INC., SAV #75-03, TO 1 LLLVVY J11\LLI The Public Works Director explained the request and the location as listed in the heading. He pointe� out that the Planning Commission had recommended approval of the request with several stipulations. He said at the public hearing the week previous, there were no objections voiced to the vacation of the ailey. He said the City had received correspondence from from the utility companies stating there was no problem in this vacation. Councilman Fitzpatrick said in view of the fact that there was no objections at the public hearing, he would be in favor of action at the present time. MOTION by Councilman Fitzpatrick to adoPt the ordinance on first reading, waiving the reading. Seconded by Councilman Breider. Upon a roll call vote, Mayor Nee voting aye, Councilman Breider vot�ng aye, Councilman Starwalt voting aye, and Councilman Fitzpatrick votinga aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST_BY NORTH SUBURBAN The Public Works Director explained the property being vacated would be used by the City of Fridley for park purposes. He said the Planning Commission recommended approval of the request with two stipulations. He read the stipulations to the Council. He said the stipulation dealiny witf�the improvement of the curb and the restorationof so�l on the part of the Hospital District should be modified to state that the City and the Hospital District wou7d ��rork together. Ne said he had talked to representatives of the Hospital �. District and they were in agreement with this arrangement. The Public Works Director said it would be in order to adopt the ordinance on the first reading at the present time. ' MOTION by Councilman Breider to waive the reading of the ordinance and adopt the ordinance on first reading with the mod9fied stipulations. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ABATEPIENT OF NUISANCE AT 53RD AVENUE N. E. AND MAIN STREET TJ. E. �NTERSECTION VISIBILITY : _ The Public Works Directer explained this to be a vision problem on 53rd and Main Street and noted by Ms. Doris Knutson, 6300 Starlight Blvd. He referred to page 10-A of the agenda where the portion of the City Code relating to this problem was placed. ' REGULAR COUNCIL MEETING OF JUNE 16, 1975 253� � PAGE 12 The Public Works Director said the Staff had begun to travel throughou.t the City and note where this kind of problem exists. With the aid of photographs, Mr.•Sobiech pointed out the areas as possible hazards. � The Public Works Director said the trees in question that block the view in the area of 53rd and Main had been plated before the present ov,mer resided at this location. He said this is a County Road with very little property between the road and the ��ctual private property. He mentioned the staff had talked to the property owner and he said he would cooperate with the City. He further explained that the naturalist and park supervisor would aid in this process of trimming the trees. In talking to the property owners, they pointed out that this is a hazardous intersection and there had been five accidents at thisiocation in the last fi've years. The Public Works Director said he believed that there should be some additional signing in the area. He again stated the property owner is willing to work with the staff to take care of this problem. Mr. Myron Tumtsma, 107 53rd Avenue PJ. E., property owner at 53rd and Main, addressed the Council and indicated he would cooperate with the Gity in the trimming of the trees. He pointed out that in the past years, the trees have offered protection from the cars that are out of.control at this intersection. He said he would trim the trees, but he would not agree to taking out the trees. Mayor Nee saici he hoped the trees could be salvaged. Councilman Starwalt said if there is a violation, they may have to go. � ' Mr. Rumtsma continued to explain that the traffic has to creep into the intersection to get around the trees at the other side of the intersection. He added, you must be one half way into the intersection to see around the other shrubs and by this time, the visibility is clear on this side. Mrs. Rumtsma said there had been two cars that landed in their front yard recently, She said she felt these trees offered protection for her family. She added, she would seriously object to their reinoval. Councilman Fitzpatrick said by the time a car is far enough into the intersection to see the north bound traffic, they have cleared the trees on this side. Mayor Nee said there would be no action necessary on the present item. MOTION by Councilman Fitzpatrick to receive the communication from P1rs. Doris Knutson, 6300 Satellite Lane. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITIOP� P10. 12-1975 REGARDING VIOLATION OF FENCING CODE ON P1CKINLEY STREET AND MISSISSIPPI STREE7 N. E.: The Public Works Director explained that the Community Development Administrator had reviewed this problem and indicated that this fence is in compliance with the Ordinance. He said there is really nothing that could be done-by the City in the enforcement area to eliminate the problem. He said he suggested that the Planning Commission review the fencing section of the C�,de and take care of this problem of allowing the rear yard fence which would abut another front yard area. Councilman Fitzpatrick said this matter had been brought to the attention of the Planning Corr�nission about one year ago. He said he had brought to their attention at that time. He thought there should be some modification in the rear yard fencing reoulations so that the front yard setback of another could not be blocked. Councilman Starwalt said he agreed with Councilman Fitzpatrick. Councilman Starwalt said he felt this consideration should be referred to the staff to initiate a more fair ordinance. Mr. frank Smith, 1911 662 Avenue N. E., said he was not familiar with the ordinance. He said he would like something done.before there is a loss of life. He explained that young peaple dart out this driveway and cannot see if there is any traffic until they are in the street. Mr. Gary Rognrud, 6536 McKinley Street N. E., said he was the property owner in the area being discussed. He mentioned the Public Works Director had said in the previous discussion that the problem area in visibility Were being sought out. He said he did not feel that this concern where there is a hazard and safety factor involved less important a consideration than the resolution of the beer• ordinance. He said 40 people had signed the petition favoring some action in this area. Ne mentioned there had been no cooperation from the property owners who own the fence. He said they were not present at the meeting. F � �: � � , , t z 3 :� � I ; ��: l � �. I � 254 _. _ _ _ _ _ ___ __ REGULAR COUNCIL MEETING OF JUNE 16, 7975• PAGE 13 �� Counci]man Starwalt said he felt his fence was hazardous but it is constructed in accor-, dance with the City Code. He suggested several changes in the distances that the fencing . should be pl� ed from the street in this kind of case and said this case is not as bad as ' � spne in the CSty. He said he was not aware that this had been brought up before and t.�ouglit that this consideration should be taken care of for a revision 9n the ordinance � • of the City as soon as possible. Mr. Richard Harris, Planning Corrmission Chairman, indicated that this consideration had not been lost, it was within a large zoning�code change consideration that the Planning � Corr�n9ssion ha� currently been working on. Councilman Fitzpatrick said this got into a large revision of the zoning ordinance. Mayor flee questioned iT �t would be possible for the City staff or the Council. to solve the prob]em. � �J � � � � LJ � l � � � Mr. Richard Kok, 6517 P1cKinley Street N. E., addressed the Council and said it was his child tha� had been hit by a car recently in th�s area and this is something he did not want anyone else to experience. He said he wanted the ordinance changed to cover this type of regulation. He said all of the people in the area feei that this is a problem and they w�uld like some help in solv�ng this hazard. He added, the people of the area had talked.i;o the owner of t;iz fence and they had not reached an agreement for a solution to the problem. . Mayor Pdee asked if Mr. Kok would be willing to pay for the change in the fencing. Mr. Kok said he would be willing and he had told the people who own the fence this. The City Manager said the amendment of �the ordinance in this case would not help the situation because it wouldrhavenbeenrin�existancenbe�fore theslawmwastpassedCe HeUCOmmentedbthatltheble use would be grandfathered in. Mrs. Kok said she had tried to negotiate some solution but the property owner said they would wait_ for some recommendation from the Council. She said the property owners feel that this is a hazard. Mayor Nee said he had talked to the property owner and they had indicated that the fence is not against the law. Councilman Fitzpatrick said he had also talked to the property owner and he indicated that he would h,dve to say the usage is not against the law. Mayor Nee said he would support a change in the ordinance, but this wouid not help in this instance.. He°said this would have to be negot�ated. He questioned what would constitute a safety hazard. The City Attoney said the judge would determine this in court after hearing the testimony of th.ose involved. Mayor Nee pointed out that the property owner had asked the City before the installation of the fencing and they said it was lawful and now, the man has made an investment on this premis. He said all of the Counci•1 would say th,at this ordinance, needs to be changed, but he could not see where in this instance they were in a position to proceed with any action. He said he thought the citizens of the area could file a complaint, this is provided for in the fence ordinance. MOTION by Councilman Starwalt to direct the Administration to work with those involved for a satisfactory solution and/or compromise. Seconded by Councilman Fitzpatrick. Councilman Starwalt suggested that the Administration be given a two week dead line. Mr. Kok said the people were looking for approval in their theory that this is a hazard. He said if this would be possible, he would appreciate it. Councilman Starwalt indicated that the current position is as strong as the Council could get ai ihe present time. . Mr. Kok informed the Council of the schedule of the property owner for the next two weeks and advised the Administration to make rapid contact with him. MOTION by Councilman Starwalt to receive the Petition regarding the safety hazfird on McKinley Street. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, . Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE ON TNE MOTION TC1 DIRECT THE ADMINISTRATION, all voting aye, Mayor Nee declared the motion carried unanimously. S 0 \ 255 � REGULAR COUNCIL MEETING Of JUNE 16, 1975 PAGE 14 RECEIVING ThE MINUTES OF THE PLANNING COPR1ISSION MEETING OF JUNE 4, 1975: FOR A SPECIAL USE PERMIT, SP. #75-04, THOMAS MILES^TO^ALLOW THE CONSTRUCTION - . - - - --- ----_ .. � n rn or i nrnTGn IFit JHP'It Ct11V� 13/v ni�c I.RLLI� ��v�� � The Public Works Director said the location was on Rice Creek Road east of Old Central. He said this is a larqe lot and the green house would be located in the front of the house so they would not have to remove any trees. He said the Planning Commission recommended approval of the request with a number of stipulations. He read the stipu- lations from the minutes of the June 4, 1975 meeting. The Public Works Director said Mr. Miles was present to answer the Council's questions. Councilman Stan$1t said he had looked at the area and questioned what would happen with the drainage of the area. Mr. Miles explained that there would be adequate drainage with the sand in the area and during the winter months he would be heating the greenhouse with a 200,000 E.T.U. furnace and there would be no ice build up. He said he had checked with the manufacturer of the greenhouse and had conformed ti11 S . Cauncilman Starwalt questioned the driveway system which is shared with the abutting property owners. Mr. Miles said there would be no problem, there is room for 10 cars in the driveway. Ne said he did not plan to have so much business that this would not be adequate parking. Councilman Starwalt explained that when the applicant had come to City Nall to get the ��'r.mit, it was issued without realizins the construction would be in the front yard. Mayor Nee said he did.not feel the greenhouse was very obvious because of the wooded nature of the area. Councilman Starwalt indicated that the applicant did not plan to bring in items to sell, they only would sell those items grown in the greenhouse. Mr. Miles said he would have to buy stock plants. Mayor Nee questioned if this was to be a temporary structure. Mr. Mi1es said this would not be any problem. He said 'to mo�e the structure, they would just have ta pull.up the stakes. MOTION by Councilman Starwalt to approve the Special lJse Permit for the construction of the greenhouse at 1370 Rice Creek Road as requested by Mr. Thomas Miles with the stipulations recorrxnended by the Planning Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor P�ee declared the motian carried unanimously. MOTION by Councilman Breider to receive the minutes bf the Planning Commissior� meeting of June 4, 1975. Secor�ded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEE7ING OF P1AY 27, 1975: � A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: (1) SECTION 205.103, 4, A2, TO REDUCE THE SE 6A K REQUIRED FOR A MAIN BUI DING EROt�I A PUBLIC RIGHT OF .. .. �-F•r-�r-�s�"P-7i ni u � I u T F_ N � �. 0 3, , , NORTH $lUt, HLL IU HLWw �nC �vi��inw�ivi. � � ��•• ------��- ��- WAREH USE SP CE TO BE l CATED N LOTS APdD 2, BLOCK 4, GUN6ERS0(V TE�RACE DDITION, ruc cennG RFrn!r, �571 CFNTRAL AVENUE N.E., FRIDLEY, MINNESOTA REQUEST BY A.J.L. & S. � There was no action needed at the current meeting on this item. - A REQUEST FOR A VARIANCE OF SECTION 205.154, 1, FRIDLEY CITY CODE, TO ALL� OI��N HCCESSORY BUILDING GREENHOUSE TO BE BUIL��13'iF(� F.�, LOCATED ON L 1\lVt_ V����.�� ........ ... __' . �� CREEK ROAD N E., FRIDLEY, PIINNESOTA): ITOR'S SUBCTVIS ' 256 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 15 � The Public Works Director said the Board of Appeals had recommended approval of the request for the variances to construct the greenhouse. MOTION by Councilman Starwalt to approve the requests for the variances as requested � by Mr. Thomas Miles for 1370 Rice Creek Road to construct a greenhouse. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE . . _ _ - _____ ___��� ����..�rn nn �nCC CDnM ��nn r , � , I � The Public Works Director said this request was acted on at the previous meeting of the Council. . A REQUEST FOR A TIME EXTEPJSION ON VARTANCES OF THE fRIDLEY CI7Y CODE THAT HAD PREVI�USLY • .. ___..__ _..� ..�.,�,..,�n � nnninnv conrG Ff7(1M i4nn 6,..�:a ET EASE 4 _ Mayor Nee asked if the plat is ready to file on the resideniial property. Mr. Wall answered tht the plat is ready to file but he was a little reluctant to file it until approval of the funding for the apartment complex. Mr. Wa11 mentioned he had ta7ked to the people at F. H. A. that day and they had indicated that the process would anly be a few more days. He said they said the firm commitment would be available in a short period of time and he did not know Hhdt the commitment would be. He said he should be ready to determine within the next few weeks. MOTION by Councilman Breider to continue the approvai of the variances as requested by the Wall Corporation. Secorided by Councilman Fitzpatrick. Upon a voice vote, all voting aye> Mayor Dlee declared the motion carried unanimousiy. MOTION by Councilman Breider to approve the minutes of the Board of Appeals Subcommittee meeting of May 27, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF TNE BOARD OF APPEALS SUBCOMMITTEE MEETIPJG OF JUP;E 10, ]975: , A RE UEST FOR A VARIAPJCE OF SECTIOP! 205.053, 4A, FRIDLEY CITY CODE TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 35 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY ___..__ ..,.. �,,.,.. �.,�.T,��� T��� cn�,,G RGrNr. ia�n 0 � The`Public Works Director explained that ihe Board af Appeals had recommended approval � of the request. He indicated Mr. 0'Qannon was present to answer any questions. � MOTION by Councilman Breider to approve the variance for 1A10 Kerry Circle as requested by Mr. Mike 0'Bannon. Seconded by Councilman Fitzpatrick. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 205.153, 2, FRIDLEY CITY CODE TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 67 FEET TO 3i FEET TO_ALLOIJ TliE CO�dSTRUCTTO� 0� A 6ARAGR'AND 1 The Public Works Director explained the location of the proposed construction in relation to the lot and existing.dwelling. Ne said there is a drawing of the proposed construction on Page 14-F of the Council agenda. He indicated Mr. Miller was present. � , _ _ .__ _ , _ ._ _ 257 PAGE 16 REGULAR COUNCIL MEETING OF JUNE 16, 1975 Councilman Starwalt said he was not able to get out and look at the property and he really could not pass judgement on the request. Mrs. Marlen Miller explained the home to be a rambler and they were planning to construct the addition that would make the dwelling an "L" shape rambler. She explained that this would be the only way that a double garage could be constructed on the property. She further commented that the area property owners had no objections to the request. Maybr Nee asked if the applicants could.place the construction in the back of the existing home. Mr. Miller said there is only 40 feet in the back at the present time. He said there would be room for only one driveway unless the existing garage would be removed. P•10TION by Councilman Starwalt to continue the request for the variance by Mr. P4arlen Miller until the July 7, 1975 meeting of the Council. Seconded by Councilman Fitzpatrick Mayor Nee said as it apprears to him, there h�d not been any objections to the cons- struction from the neighborhood. He explaine.. that he would not support this in his area and questioned if some agreement should not be obtained in writting,from the abutting property owners. • UPON A VOICE VOTE, ALL votinq aye, Mayor Plee declared the motion carried unanimously. UI' It�'�� UllULSLL U.'iKHUCJ IV L5C LUl.h11CU ril ir1G �'JLLVY711Y❑ I.VV;111VI1J. vl.� ii� c� -r� 15, 16, 17, 18, 20, 21,. 22, 6LOCK 2, NAGEL'S 4JOODLANDS NDDITION, THE SAN1E BEING 7436-7467, ABLE STREET, 7447-7449, 7417-7419, 7401-7403, 7379-7331, 7365-7457, ��zaa_���1_ 73��-7397_ 7373-7315_ 7301-7303. AQLE STREET PI. E., RE4UEST 6Y PORTFOLIO The Public Works Director said the Boar.d of Appeals had recommended approval of �he request. He called the Council's attention to page 14-G of the agenda booklet.. A representative of Portfolio Realty indicated that he was trying to organize the area and there was no place set aside for 9arages. Councilman 6reider asked if there was a request for fencing between the garages. The representative explained thet he would go along with the three foot setback. He explained there 4Vd5 some concern that trash would gath�r in between the two cons- tructions. � Councilman Breider said he believed the construction of the garages would make a real difference to the area. Councilman B•rei�er suggested checking of the area to insure that there is no garbage in between the garages. MOTION b,y Councilman Breider to cor.�cur wi±h the recommendation of thz Board of Appeals and approve the.request for the variances as requested by Portfolio Realty, Seconded by Councilman S'tarwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeais Meeting � of June 10, 1975. Seconded by Councilman areider. Upon a voice vote, all voting aye, ' Mayor Nee declared the motion carried unanimously. . RECEIUING THE MINUTES OF THE E^IVIROPlt�IENTAL QUALITY COMMISSIOM MEETIidG OF MAY 27, 1975: P10TIOr! by Councilman Qreider to receive the minutes of the Environmental Quality Commission meeting of May 27, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERA7ION OF A REQUEST TO BUILD RESIDEPlTIAL GARAGE IN EXISITNG COMMERCIAL ZONED PROPERTY BY ALaERT CAMPB[LL, 5840'3RD STREET: The Public Works Director explained that this item had been brought to the Council to indicate acknowledgement on the part of the property owner that this is a non-conforming and inconsistant use in relation to the way the property is zoned, He said if the Council accepts �4r. Campbell's acknowledgement, the building permit can be granted. Councilman fitzpatrick said he had no questions if this was the wish of the property owner. __ 258 �. � � , �I � i � , ' � REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 17 h90TI0N by Councilman fitzpatrick to issue the building permit to P1r. Albert Campbell, 5860 3rd Street to construc.t a garage. Seconded by Councilman Starwalt. Uoon a.voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR EXTEMSION OF TIf�IE FOR RESERVIN6 LIQUOR LICENSE, BY P�i X SALITERM N, FOR KIPJ S C LE , NC.: The City Manager said he had sought cooperation from ��Ir. Saliterman for the clean up ofthe property after the recent storm. He mentioned it has been difficult to get the area cleaned up and there is material in the back of the buildings. The City Manager said it is getting close to one year that the requ�st for the license had been made and nothing has fiappened in this direction. He said he felt the extension should not be granted until some explanation of ihe use of the property is obtained. Councilman Starwa7t said he was not aware of the problems in the clean up of the property. He asked if there had been any progress in the construction of the liquor establishment. The City P4anager said he was not aware of any progress in this direction. He indicated that Mr. Saliterman's Attorney Mr. Wyman Smith, was no longer in attendance at the meeting tc answer these questions. P�OTION by Councilman Starwalt to table the consideration of the request for the extension of the liquor license for the f:ing's Chaiet. Seconded by Councilman Breider. Councilman areider asked if the matter was tabled, would the resolution of intent expire. The Public Works Director explained that the request would not expire until August 3, 1975. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the inotion carried unanimously. CONSIDERATION OF F,�1N1�S FOR E PLURIBUS UNUM PUBLIC EVEDlTS PROJECT BY HAROLD BELGUP1: Councilman Fitzpatrick asked if funding was available from the City for this type of activity. . Mayor Nee said the City P1anager was aware of the budget. The City Manager said if the � .. City Council wishes they could approve the aporopriation of such funds. He said the legality of the question would have to"be directed at the City Attorney. The City Attorney said he WdS not familiar with the program and could not determine without some explanation if„ this would be for public benefit. i � �J r i � Mr. Harold Belgum, Director of,the Program, addressed the Council and explained that the program had received a h1i.nnesota Humanities Conunission grant of �9,700 to conduct a number of public events in October and November of this year. He explained that the entire County vaould benefit by bringing nationally known spea.kers. He said that the speakers of this type are expensive and if they are to be obtained, there wouid '?ave to be additional funding provided. He explained that the State Humanities Council would match dollar for dollar, any contribution from the local municipalities or governmental agencies. He explained that the funds vrere being audited by the President of the First Mid America Bank of Coon Rapids. , Mayor Nee asked the City Attorney if at would be legal for the City Council to appropriate funds to the program. The City Attorney said this would be up to the Council to approve, but he felt there would be a benefit to the citizens of the community and this would be legat. MO7I0�! by Councilman Fitzpatrick to approve the apFropriatlon of $500 for the reo,uest by Mr. Harold Belgum for the E Pluribus Unum proyram. , Councilman Starwalt questioned the use'of the speakers such as h1r. Kuntsler and asked . if this would be suitabie to this area. Ile also questioned if there would be such famous speakers, why could they not charge admission for these events. Mr. Belgum explained it vaas a condition of the State Grant that no'admission be charged to the general public. � Mr. Belgum further explained the program and indicated it would promote provocative discussion. Councilman Starwalt questioned if the City of Fridley needed such provocative speakers. P1r. Belgum explained that the State Council had a�nly granted this one request for funding at their May meeting. He mentioned this was the largest grant ever awarded to a program. . 259 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PA�E 18 Councilmar. FitzpatriGk mentioned the 12 people on the committee had been appointed by the Cour.ty Comnissioners. He questioned if the funds obtained from the City would endorse any specific program. Mr. Belgum said this would not be for a specific program. Councilman Starwalt asked Mr. Belgum if he was being paid for his services on the Directorship. Mr. Belgum expl�ined that he had donated his time for three months in the formulation of the proposed program and now he would be receiving $600 per month for his contribution to the program. Mr. Belgum said he would not take the position of the Chairman of the Human Resources Cor,lmission, but he would serve a s a member. Councilman Starwalt indicated it would be difficult for him to vote for appropriation of this money from the City. Council�an Breider said he could not see where this would be a help to the City of Fridley. He asked what they were talking about and how would this benefit the people he represented. Mr: Bill Scott, member of the Fridley Human Resources Commission, addressed the Council and said as a member of the Numan Relatians Commission, .he felt this would provide information and data that would be usefill to the Commission. He felt this would provide information on the various ethnic groups in the City of Fridley that would be valuable to the work of the commission in the future. He said this would be a major task and worl: would be done by them. . � Mr. Belgum said this would have to be done by�the City eventually and this could define the monetary benefits alone. He mentioned it would also have some benefit with the cultural development of the City. He said the people aiho will take part in the program will be people usually not involved in the community and would share their heritage and cultural background with the community. He thought this would be a benefit to the Histo,ry teachers of the City. � Mr. Belgum again stated that if the City of Fridley would contribute $750 to the program, the State Council would also contribute $750 and this would be a contribution of $1,500. He mentioned he could see a direct benefit to the Human Resources Commission. Councilman Breider asked how much money is in the budget for the Numan Resources Commission. The City Manager said the budget vras probably already used for this year. The City Manager said it would be possible to appropriate funds, it is ali City money. Mr. Alex Barna said because there is not enough of this kind of program, there is apathy in our community. He said he would favor the expenditure of the $750 and he added, this comes out of his pocket also. Mr. Nick Garaffa said he would like to have the Council consider voting in favor of the allocation. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 79-1975 - ORDERING PRELIMINARY PLANS, SPF� �ICATIONS AND ESTIMATES OF THE C STS HERE F: S RM SE41ER IMPR VEMENT PR E T N. l 8:. ' MOTION by Councilman Starwalt to adopt Resolution No. 79-1975 ordering preliminary plans specifications and estimates of the costs thereof, Storm Sewer Improvement Project No. 118. Seconded by Cou^cilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 80-1975 - RECEIVING PRELIMINARY REPORT AND CALLING A PU6LIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM SEWER If4PR0VEMENT PROJECT N0. 118: V MOTION by Councilman Fitzpatrick to adopt Resolution No. 80-7975, receiving preliminary report and calling a public hearing on the matter of the construction of certain improvements, Storm Sewer Improvement Project No. 118. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. RESOLUTION N0. 81-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE ' COSTS TNEREOF: STREET I��PROVEMENT PROJECT N0. ST. }975-1, A6DENDUM #3: Councilman Starwalt referred to the public hearing notice and said he was surprised to read the information on the notice. He said he was surprised to.see the improvement come up so soon. �. � , � � � . ' ��U ' � REGULAR COUNCIL MEETING OF JUNE 16, 1975 Page 19 The Public Works Director said the onl.y reason tf�at this had not come up before was because of .the potential of improvements in the area. . He said now the last possible site has had the utility connections waived. � He said this would be a 28-foot roadway which would be�minimum size since there would only be five people involved in the assessments. Councilman Breider said it would be difficu]t to show the benefits to the residents on 69th. Mayor Nee said the only alternative would be not to improve the area and have the people maintain the roadway. The Public Works Director said there is only three people who live on the road. Councilman Breider said he felt the people on 69th who would be assessed would be angry about the assessment for this improvement. MOTIQN by Councilman Starwalt to adopt the Resolution No. 81-1975 .� ' ordering preliminary plans, specifications and estimates of the costs thereof; Street Improvement Project St. 1'��5-1, Addendum #3. Seconded by Councilman Breider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carrted unanimoasly. • � � � � i , RESOL.UTION N0. 82-1975 - RECEIVING PRELIMINARY REPORT AND CALLING A BL C E RI G E R ENTS: R IM R V M . -, . � MOTION by Councilman Starwalt to adopt Resolution No. 82-1975, receiving preliminary report and calling a public hearing on the matter of the construction of certain improvements: Street Improvement Project ST. 1975-1, Addendum #3. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee� declared the motion carried unanimously. . RESOlUTION N0. 83-1975 - REQUESTING ANOKA GOUNTY TO PROVIDE SAFETY IMPROVEMENTS ON EAST RIVER ROAD AI 79TH WAY N.E.: MOTION by Councilman Fitzpatrick to adopt Resoluiion No. 83-1975, Requesting Anoka County to provide safety improvements on East River Road at 79th Way N.E. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVTNG BIDS ANb AWARDING CONTRACT FOR S&W #117(QID OPENING JUNE 5,Z975): The Public Works Director explained the ini•tial bid to be $70,283.05 and with the deduction of the clay pipe and use of the PVC pipe, the total of the bid would be $69,998.45. • . ' Councilman Starwalt asked if it would be advisable to use the PVC � pipe over the clay pipe. The Public Works Director said there would be no difference if the pipe were initially insiailed properly. He said the clay pipe has. some drawbacks,and he felt the PVC pipe was the coming thing. � � ' . PLANHOLDER Kamar, Inc. 330 Territorial Road N.E. Minneapolis, Minn. 55434 Northda]e Construction Co 8208 Northwood Parkway Minneapolis, Minn. 55427 Par-Z Contracting, Inc. 65.44 Hickory St., N.E. Minneapolis, Minn. 55432 Dawson Construction, Inc. 1803 S. Ferry St. Anoka, Minn. 553Q3 BID DEPOSIT TOTAL BASE BID REMARY.S 10% $ 74,300.00 10� $162,470.00 No BZd I096 $ 71,222.50 No Alternate Deduct 10¢ 30� 0 � i� 'L61 REGUI.AR COl1NCIL MEETING OF JUNE 16, 1975 Page 20 cant. PLANHOLDER BID aEPOSIT TOTAL BASE BID REMARKS C.S. McCrossan, Inc. lOq $ 89,287.�0 10� Osseo, Minnesota 55369 Nodland Associates, Inc. 10% $100,125.00 Deduct 30� Alexandria, Minnesota 55369 Nood, Inc. No Bid P.O. Box 437 Richmond, Minn. 56368 Alexander Construction Co. No Bid Co. Rd. 42 & Fairgreen Ave.. Apple Valley, Minn. 55124 . Dean Luxenburg Construction Co. 10% $ 73,987.31 --- 527 Emil Ave. Shareview, Minn. 55112 C.W. Houle Landscaping 10�6 $.85,368.00 50� 1300 West Co. Rd. I St. Paul, Minn. 55112 - Orfei & Sons, Inc. 10% $ 79,3�7.25 Deduct 10¢. 1156 Homer Street St. Paul, Minn. 55116 Bianconi Construction Co. 10% $ 70,283.Q5 Deduct 15¢ 986 Bayard Ave. � St. Paul, Minn. 55102 . Brown & Cris No Bid 8920 Co. Rd. 18, So. Eden Prairie, Minn. 55343 Ro-So Constrcting, Inc. 10� " $ 73,283.25 Deduct 70� 647 Parkway Drive St. Paul, Minn. 55101 � Widmer Bros., Inc. 10% $ 78,376.25 None P.O. Box 235 Spring Park, Minn. 55383 MOTION by Councilman Breider to receive the bids and award the contract to the low bidder, Bianconi Construction Company, in the amount of . $69,998.05. Seconded by Councilman Fitzpatrick. Upon a voice vote, all Yoting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AblARDING CONTRACT FOR ST. 1975-10A BID OPENING JUNE 16, 1975 : PLANHOLDER BID DEPOSZT LUMP SUM BID Allied Bldcktop 5% $9,169.27 3601.48th Avenue N. . ($7,144.92) Alter. Mpls., Minn. 55420 Bituminous Construction Co. 5% $9,469.13 5232 Hanson Court . ($8,529.27} Alter. Mpls., Minn. Batzer Construction No Bid 6ox 23, - Royalton, Minn. 56373 ' � � . ` � � � � � � � � � , �� � . � . ' �. . � 262 � ' REGU�AR CQUKC�L MEETZNG OF JUNE 16, 1975 Pag�e 21 The Public Works Director explained that the low bid was re�eived by A11ied Blacktop and the alternate bid would be used because the'City would do the street sweeping. He mentioned that Allied had worked in the City before and done a good job. MO7IOtd by Councilman Starwalt to receive the bids and�award the contract for Sealcoati.ng Project St. 1975-10A to Allied Blacktop in the amount of $7,144.92. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENTS: CITY EMPLOYEES: � � NAME POSITION SALARY EFFECTIVE REPLACES Gerald D. Long Operator & $940 Month June 9, 1975 Gary Dahiberg 6366 Dellwood Dr. Maintenance Fridley, MN 55432 Man - Water Department Dennis Rambow �perator & $940 ^1onth June 23,19;5 Gerald D. Long lll].7 Independence Maintenance Avenue N. Man - Street � Champlin, MN _ Department ' 55316 • Mary E. Grundhaus Probationary $701 Month June 16,1975 David Keding Police Technician Councilman Fitzpatrick asked who was recommending the people for appointment. The City Manager said he recommended them. Councilman Fitzpatrick asked if this took into consideration the recommendation of the Department head. The City Manager said yes. MOTION by Councilman Breider to appoint Gerald D. Long,Operator and Maintenance Man in the Water Department effective June 9, 1975, Dennis Rambow>Operator and Maintenance Man in the Street Department effective June 23, 1975, and Mary E. Grundhaus, Probationary Police Technician effective June 16, 1975. Seconded by Councilman Siarwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous1y. CLAIMS: GENERAL AND LIQUOR 10182 - 10300 • MOTION BY Councilman Starwalt to pay the•claims. Seconded by Co,uncilman Breider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimous?y. LICENSES: EXCAVATING BY APPROVED BY FEE Husnik Sewer Service Frank Husnik D. Clark 281 West Cottage Place Shorev�ew, Minn. , GENERAL CONTRACTORS Conrad Construct. Co. Ronald Conrad D. Clark � 5413 Pleasant Ave. So. Mpls., MN 55419 Lifetime•Associates, Inc. Thomas Kdsprzak D. Clark`` 409.Washingion Ave. S. • Hopkins, MN 55343 Nedegaard Construction BT'uce Nedegaard D. Ciark 111 - 45th Ave. N.E. Fridley, MN 55421 0 � REGULAR COUNCIL MEETING OF JUNE 1.5, 1975 Page 22 {Licenses cont.) BY APPROVED BY MASONRY Ernest Ogren Masonry Ernest Ogren D. Clark Box 53A Rogers, MN 55374 PLASTERING Zimmerman Stucco & Plaster.Inc. 18116 Ridgewood Road Wayzata, �1N 55391 Ervin Zimmerman D. Clark SIGNS Telke Siqns, Inc. Richard Telke D. Clark 3940 Min.ehaha Ave. S. Mpls., MN 55406 SWIMMING POQL LICENSES Innsbruck North Townhouse Duane A. Johnson S._ Olson Association Udell Larson Udell Larsan for S. Olson 6848 Knoll Street 5460-7th St. NE , Mpls., MN FIREWORKS 100 Twin Drive in ' Arrowhead Fire- Chief, Fire 5600 Central Avenue works Company Prevention � Bureau � CIGARETTE � 263 FEE $87.50 $60.00 Dave's Texaco " David Hauger Public Safety $12.00 6301 Highway 65 Director SERVICE STATION Dave's Texaco David Hauger Health Inspec- $30.00 6301 Highway 65 - tor • VENDING MACHINE � . Dave's Texaco David Nauger Health Inspec- $ 5.00 6301 Highway 65 . tor SERVICE STATION Bil1s Service William A. Svetin Health Inspec- $30.00 3709 Marshall Street tor East River Road Spur Dan James Thrall Health Inspec- $30.00 6485 East River Road • tor Lemm's Country Boy Nenry E. Lemm Nealth Inspec- $30.00 1301 Mississ�ippi St. . tor Q. Petroleum Corp. Denni.s Neubauer Health Inspec- $30.00 5300 Central Avenue tor Riverside Car Wash Robert Schleeter Hea1th Inspec- $30.00 6520 East River Road tor ,�.� • i � . 264 REGULAR COUNCIL MEETING OF JUNE 16,�1975 _ _ _ _ _— . Page 23 (Licenses cont.) � TAVERN BY APPROVED BY fEE Maple Lanes fridley Recreation Public Safety Director $12.00 6310 Highway 65 and Service Company VENDING MACHINES , Bodine Vending Wes Bodine Health Inspector $15.00 125 Riversedge Way Moore Lake Beach City of Fridley. Health Inspector No-Fee Concessions • 59th & Central Ave. Riverside Car Wash Robert Schleeter Health Inspector $15.00 6520 East River Road VENDING TRUCKS ' Sno-Cones Beth Glommen Health Inspector .$20.00 1048 87th Avenue George Hanson George Hanson Health Inspector $20.00 1476� Onondago Street De Ice Cream Truck Jim Heit Health Inspector $20.00 4655 University Ave. . ICE MACHINE 7-Eleven Store Ray Byrd Nealth Inspector $15.00 1315 Rice Creek Road OFF SALE BEER East River Road Spur Dan James Thrall Public Safety D�rector $15.00 6485 East River Road Lemm's Country Boy Henry E. Lenn Public Safety Director $15.00 1301 Mississippi St. Q. Petroleum Corp. Dennis Neubauer Public Safety Director $15.00 5300 Central Avenue ON SALE BEER Jimbo's. Pizza James W. Schooley Public Safety Djr ector $120.00 248 Mississippi St. Maple Lanes Fridley Recrea- Pu61ic Safety D1rector $120.00 6310 Highway 65 tion and Service . Company PUBLIC DRINKING PLACE Maple Lanes 6310 Nighway 65 RESTAURANT Jimbo's Pizza 248 Mississippi St. Maple Lanes 6310 Hi 9hway 65 Fridley Recrea- Public Safety Director $100.00 tion and Service . Company , James W. Schooley Health Inspector Fr�(dley Recrea- , Health �nspectOr tion and Service ' Compa�ny $25.00 $25.00 0 0 �� \ ' � ' 265 REGULAR COUNCIL MEETING OF JUNE 16, 1975 Page 24 (licenses cont.) ' - CIGARETTE BY APPROVED BY FEE East River Road Spur Dan James Thrall Public Sa�fety Director $12.00 6485 East River Road Jimbo's Pizza James W. Schooley Public Safety Qirector $12.00 248 Mississippi St. Lemm's Country Boy Henry E. Lemm Public Safety Director $12.00 1301 f4ississippi St. Q Petroleum Corp. Dennis Neubauer Public Safety Director $12.00 5300 Central Avenue Riverside Car Wash Robert Schleeter Public Safety Director $12.00 5520 East River Road (dROCERY East River Road Spur Dan James Thrall 6485.East River Road - Lemm's Country Eoy Henry E. Lemm 1301 Mississippi St. Q Petroleum Corp. Dennis. Neubauer 5300 Central Avenue ICE MACHINE East River Road Spur Dan James Thrall 6485 East River Road Q Petroleum Corp. Dennis Neubauer 5300 Central Avenue ' Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector $25.00 $25.00 $25.00 $15.00 $15.00 MOTION by 6ouncilman Starwalt to grant the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: �. Comstock & Davis, Inc. - . 1446 County Road "J" • Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision.for the staking out of the following; PARTIAL Estimate #15 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from March 3 through $ 1,808.0� March 29, 1975 PARTIAL Estimate #16 for Sanitary Set�er,'Watar & Storm Sewer Improvement Project No. 114 from March 31 through 791.23 April 26, 1975 . PARTIAL Estimate #17 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from April 28.through 185.15 May 24, 1975 . PARTIAL Estimate #6 for l�ater, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from April 28 through 398.66 May 24, 1975. . • � �. �. � , � � � ' C� � � � ' ' u � � \ 265 _ __ _ . _. __ REGULAR COUNCIL MEETING OF JUNE I6, 1975 ESTIMATES (cont.) Dunkley Surfacing Inc. 3737 East River Road Fridley, Minnesota 55422 Page 25 PARTIAL Estimate #1 for Street Improvement Project ST. 1975-1 PARTIAL Estimate #1 for Street Improvement Project ST. 1975-2 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For services rendered for May, 1975 Smith, Juster, Feikema, Haskvitz and Casseriy BuiTders Exct�ange Minneapo7is, Minnesota 55402 For services rendered by Prosecutor for May, 1975 35,217.23 12,088.58 1,375.00 1,660.00 Mr. Richard Harris questioned the inspection procedure by Comstock and Davis and said they had ran into a problem in a project and found that the pipe was all four feet short of the property line. The Public Works Director questioned what area was being talked about. Mr. Harris sai�d this has happened throughout the whole project. Ne said this specific case was on Main and Elm. He said if the project were inspected, this would no.t have happened: He said that the City had paid for, inspection work that had not been done. The Public Works Director sa�d that the City had the drawings of the project, and it would be possible to check this situation. Mr. Harris said he•believed the City was getting short changed, and it was about time they were getting their money's worth. Mr. Harris said if the staff has to go over the projects and inspect them, this is double the costs. He said this should have been reported by the Engineering Consultant. He said t�iat he thought.this had been going on for years. Mr. Harris said he had showed the problems to Mr. Darrel Clark, Community Development Administrator. The City Manager said this had nothing to do with the current est�mates, and the City was responsible for this estimate. Mr. Harris said he hoped someone would prepare a report on this. UPON A VOICE VOTE, ali voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: COVENANT CHl1RCH: SOFTBALL TOURNAMENT: Councilman Breider said he questioned the number of tournaments � being held in the City's parks. He mentioned this does not enable the Fridley residents use of the City facilities. He said he would like to talk about this at the conference session in June. ' " MOTION by Councilman Breider to grant the request and receive the communication from the Covenant Church regarding the Softball Tournament. Seconded by Councilman Fitzpatrick. Upon a voice vote, .• all voting aye, Mayor Nee declared the moti.on carried unani.mously. i� • . 267 REGULAR COUNCIL MEETING OF JUNE 16, 1975 ' PAGE 26 MUSCULAR DYSTROPHY CARNIVAL CHAIRMAN: REQUEST THAT FEES BE WAIVED, PATROLMEN, AND STREET BLOCKED: Councilman Starwalt said he would favor waiving the $25 permit fee, but would like the $200 deposit to remain a requirement. The City Manager referred to the portion of the request for the Patrolman and stated that the group of nei9hbors should be able to conduct the activities without any serious problems. He said if thereare problems, the police could be called. He said that if additional policing is needed, this could be done on a private basis. MOTION by Councilman Starwalt to waive the $25 permit fee and require the deposit in the amount of $200 with no City patroman provided. Seconded by Councilman Fitzpatrick, . Councilman Breider said he would agree with the motion with the exception of requiring the $200 deposit. He mentioned that this is a neighborhood activity,and it is being done for a worthy charity. Councilman Starwalt questioned the reason for the $200 deposit requirement. The City Manager said this would be affiliated with the word "Carnival" and a carnival is always reyuired to deposit $200 for clean-up if it is not done properly by those conducting it. Councilman Breider•said the people requesting the carnival live in the area, and he was sure that they would clean up after the event. Councilman Starwalt said he had been talking to the residents of the area, and the Carnival proposal is not unanimously approved by them. Councilman Breider asked if the matter of the $200 deposit could be investigated with a report back to the Council at the next meeting. Mayor Nee said he would also favor waiving the deposit. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION �0. 13-1975 - REQUESTING CURBING IN HOCKEY RINK, AND LIGHTS IN TERRACE FARY.: Councilman Breider explained the petition requesting the curbing on the hockey rink and also lights in the park: M�TION by Councilman Breider to receive the Petition N0. 13-1975, requesting curbing on the Hockey Rink, and lights in Terrace Park_and refer it to the administration. Seconded by Councilman Fitzpatrick. Upon a voice vote,. all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION CONCERNING POSSIBLE LOCATION OF MTC BUS TERMINAL IN FRIDLEY: The City Manager explained that ta�o Fridley sites are being considered along with a Broaklyn Center site for possible locations for the establishment of an MTC Bus Garage. Ne explained the locations to be one on East River Road, and the other to be south of the North Park area. The Public Works Director explained that he had called Mr. Bruce Nawrocki who is the area representat�ve of the MTC and voiced the feeling that there was not support for this Garage to be located in the City of Fridley. The City Manager informed the Council of the reason for these two sites being considered feasible by the MTC. � MOTION by Councilman Breider to inform the MTC that the City of Fridley is not interested in their proposal for the sites suggested because of the traffic problems in these areas. Seconded by Councilman Fltzpatrick. Upon a voice vote, all voting..aye, May�r Nee declared the motion carried unanimously. � �. _,., _ __; 268 ' � . REGULAR COUt�CIL MEETING OF JUNE 16, 1975 Page 27 ADJOURNMENT: MOTION BY Councilman Starwalt to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee dec�ared the motion carried unanimously, and the Regular Meeti'ng of the fridley City Council of June 16, 1975 adjourned at 1:20 P.M. Pat Ranstrom William J. Nee Secretary to the City Council Mayor Date Adopted � i � .� 4 M 1 i 1 . 1 � . � � FRtiILtY C IT i.CO(���C I�. - RcGULAR f41�ETI f�G - JUirE l6, 1975 - 7: 30 f' � M� PLti�G� OF NLLtGIAi�CE: ROLL CALL: 7:32 P.M. Given Councilwoman Kukowski absent. � � PRtSt`ivTNTIOi� OF CERTIFICAIIOi�S OF APPRECIATIO(�: DONALD BLAIR �OE CHRISTENSEN GEORGE I"IE I SSNER RI CN/�RD FREyCN . WAYNE S I MON�Ai1 �OiV i�ELSON V�ILLIAM TQNCO FRTHER LD CHMIELEWSKI tSARBARA �IUGHES GEORG� �EGLE�t 1�lJSSEL iiOUCK HARRY CROWDER �ON CISAR PARKS & REC AND PLANNISVG COMMISSION PLATS & SUBS = STREEiS & UTILITIES PLI�TS & SllBS — STREETS & �TIL.ITIES PLATS & �UBS — STREE7S & UTILITIES BUILDING STANDARDS �UILDING STANDARDS BUILDING STANDARDS �AT� �OMMISSION �AT� �OMMISSIOlV � CAT� �OMMISSION ENVI ROfVMC�JiAL QUAL.I TY COMMI SS I O(� �OARD CF APPEALS POLICE COMMISSION Presented to those present. Remaining �ertificates to be sent. At PRUVHL �F I IIiJi1TES; I��GULAR �'�EETI iVG, APR���� ZI; 1975 • Adopted as presented. i� 1 � . REGIiLAR iYit�:Tlir�, .1U�V� 16, �:975 . . . . . PAGE 2 A�OPT I Orr' OF AGEidDA : Additions: Receiving Petition from residents requesting curved section on I each end of the present hockey boards, light poles near the PdW corner of i'ennis court and one about 20 feet south of water hydrant in Terrace Park.Petitioi� No. 13-1975. UPE:i�J FU�U�'l, VISITORS: �ONSIDERATIO�; OF ITEMS ��OT ON AGEND�, 15 MINUTES) Mr.R. G. Rumpsa, 1481 ,North Innsbruck Drive, Presented Petition IVo. 14-1975 requesting action concerning dumping of building materials and trees in vacant lots in Tnnsbruck North. Petit�ion No. 14-1975 received. PU�LIC HtARI��G: PUBLI C FiEAR I NG ON �THE OVEfZALL WATER MANAGEMENI" PLAN FOR I�ICE CREEK I�ATERSNED DIS1'RICT � �� � � � , , � , . , � , 1 -� l � Public Hearing opened. Presentations made by various members of the Rice Creek Watershed District. Consensus of people an d Counc�l was approval of the conceptual overall plan. Council indicated �hey would like the assessment for any i�m�rovements io be levied on the broader district areas with the main objectives of the plan to be bank stabalization and erosion control.Public Nearing closed at 8:50 P.M. REGULAR MEETING, JU�E 16, 1g75 PAGE 3 OLD �US I ivE.SS : CONSIL'ERATION OF SEGOND R�ADING OF AN ORDINANCE I�STABLISHING CHAPTER .L1�, REFUSE DISPOSAL, AMENDING CH�iPTER .11, LIC�NSES AND PERMITS; AND REPEALING PR I OFt CHAPTER 115 �WASTE D I SPOSAL) � � � � � � � � � � ,..,2-2F Ordinance amended in Section 113.01 Section 6 to add, "leave and grass clipping piies for organic recycling are exempt from reguse as long as this is done in a manner to not become a health }�azard or nuisance". Ordinance No. 585 adopted as amended. on second reading. Publication ordered. CONSIDERATIC�N OF APPROVAL OF P�ANS AND VARIANCES BY �YIERIDIAf� CORP „� %g�9 EAST RTVER ROAD CTABLED .JUNE Z, 1975)..,0�,,,,,,,,,,.,,_111`,,,,,,,� 3_3L Plans and variances approved with stipulatians of Planning Commission, Building Standards Corrunittee and stipuations of Board of Appeals and with three additional stip;�lations as follows: There will be no access on East River Road, the property owner wi11 dedicaie easement for right of way on East River Road, and `that the petitioner will make application for a change in zoninq fr�m C-2S io C-�. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING . CHAPTER 5Q� OF THE CITY C�DE OF THE CITY OF FRIDLEY RELATI NG TO �iUN I C I I�AL �ATHI�PdG �EACHES CFf20M riEETI NG . OF �UNE �, 19%7) � � � , , . ,. ,. , !. ` ' , � .� � � . � � � � � First Reading failed to be adopted by a vote of two to two. CON�IDERATION OF FIRST READING OF AN ORDINANGE AP�IENDING CHAPTER �Og OF THE CITY CODE OF THE GITY OF FRIDLEY . . . - � , RELATING TO PARKS AND PARKWAYS.(FRON1 MEETI�JG OF Ju�vE 2; 1975) ,. , , ,. .,. , .,. .,. , �,- -,� , .,. , , .,. ,. , ,. .,. , .1 ,. 5 First reading adopted. Administration directed to contact City Prosecutor and obtain details on reasons for the requested ordinance, obtain a report from the City /�ttorney concerning the wording in re�ard to the 3.2 provisions, and also information from Public Safety Director on enforcement concerns.. . I � a i � . . .�...� ` . REGULAR i�IE�TI�G� Jli(VE 16, i975 _. . . PAGE 4 OLD BUSIiV�:SS (CC(VTIiVUED) CONSIDERATIQN OF ITEM REGARDING VANDALISM IN CITY PARKS AN� SCHOOL PROPERTY tFROM PiEETi{�G 0� MAY 19, 19I�) , . , ,_ , , , , 6 , , , , , , , , ,_ , , � , ► , , , , 6 — 6 C Administration directed to corr�nunicate.by means of a letter to the Judges indicating the City is aware of the interest in the situation and that the City is willing to work with the cou.rt system on any new procedures they may develop. . i°dLl� �US I f�ESS c CONSIDERATIQN OF FIRST READING OF AN ORDINANCE FOR �EZONING REQUEST BY RICHARD pOVLITZKI, ZOA #75—�2 TO REZONE FROM C—I TU C-2; 7365 CEN�r�a� AvE�vu� P��E� � e�. � Tabled until July 7, 1975 meeting. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR �ACATI ON �EQUEST BY �Y�ACHI N I NG 1 NC �,��AV ##75-03, TO VACATE ALLEY bETWEEid ASHTON AVENUE AND RAILROAD TRACKS 1�ETWEEN LIBERTY STREET AND LO(VGFELLOW STREET; 1�Q LI BERTY STREET I`� � C � , � . � . � � � � � � � � � � � � First reading adopted. �. 0 :cxs�,�5 . . REGULAR f�1tETIldG, JUi'�E i6, 1�75 . i�EW BUS"1��ESS CCOi�TII�UED) CONSIDERATION OF FIRST RCADING OF AN ORDINANCE FOR VAGATION REQUEST BY NORTH SUBURBAN HOSPITAL DISTRICT; S�IV #�%5—Ol, TO VACATE PART QF 76TH AVENUE; GENERALLY LOCATED I�ORTH AND WEST OF UNITY NOSP.ITAL ������� PAGE 5 , , 9 First reading adopted with amended stipulaiion that the City will cooperate in the costs for the curbing and soil restoratiorr. CONSIDERATION OF ABATEMENT QF I�UISANCE AT 53RD AVENUE ��, t� AND �`�AIN STREET I�I� E, CINTERSECTION VISIBI.LITY) � � � � � ; ., .1 . . � � � � . < < � � Property owners indicated they would cooperate with the City staff in trimming ot the trees, but indicated they would noi; favor the removal of the trees., ,,,,, 10-10B RECEIVING PETITION REGARDING VIOLATION OF FENCING CODE OiV I�ICKINLEY STREET AND MISSISS�PPI STREET N,E� Petition No. 12-T975 received. Administration direc�ed to nEgotiate with property owner in the abatement of the hazard created by the fence indicating that the adjoining property will bear the cost for the labor in any removal. . < < , 11-11E REGULAR f��EETIIIG, ;1UNE 16; 19?5 � � � .... . .. fV�:�l �USIfVESS (COiJTIVUED) RECEIVING THE MINUTES OF THE PLANNIhiG COMMISSION ��IEETI NG OF �UNE 4, i9i �. � , ,. ' , ,. e , ,. ' , , F , � � l� �� ��ILES, SP#%5—��, 1570 Ric� �REEK RORD . _ . _. _. PL„ALV.LV.��G COMMI SS I ON RECOMMENnATI ON ; APPROVAL WI TH STIPULATIONS . �OUNCIL ACTION R�C�UIREn: �ONSIDEH�.TION OF RECOh1— MENDATION, ALONG WITH THA7' OF BOARD OF APPEALS ON THE RE4UESTED VARIANCE� Approved with stipulations recommended. . Z� NI I iV STEPHENS 1�ATSUN �doRrH; SP#75-�5, �SIO UN I VER— �S I TY AVENUE �V , E� .. _ ._ __. . PLANNING COMM�SSTON RECOMMENDATIQ(��; APPROVAL WITH STIPULATIONS , COUN�I1, A�TI.ON EQUIR n; �JOlVE; ACTION TAKEN BY �OUNC,IL AT MEETI�NG OF� �UNE 9, 1975, No action needed. 0 RECEIVIiVG THE I�INUTES OF THE BOARD OF APP�ALS MEETING OF �'�AY Z�, 1975 , , , . � . . � � � _ .� , , , . ,. , ' , ,. , ' , , ,. , �. A���L�& S INVESTMENT; �4Z�. CENTRAL AVENUE N, E� t�OARD RECOL�IMENDATION: APPROVED WITH STIPULATION . _. . . COUNCIL ACTION �(�UIRED; ��ONE; WAIT FOR PETITIONER TO SUBMIT PLANS FOR STAFF REVIEW AND RECOMMENAATiON ' FOR BUILDI(VG PERMIT APPROVAL No action taken. PAGE 6 12-12N 13 - 13 F �i � - � � . REGULAR MEETING, JUi�E 16; 1975 � � � PAGE 7 f�EW �USIidESS CCOfdTINUED> t�OARD OF APPEALS MINUTES �CONTINUED) 1�. �HOMAS I�TLES, �5%O RICE CREEK ROAD _. _ i�OARD RECQNiMEyDATIO�.: APPROVED _. _ _. ,�.QUN�IL ACTION REQUIRED: CONSIDERATION OF RECOr�— MENDATION, ALONG WITH SPECIAL USE PERMIT REQUEST Approved. j�. TR I—C� 1�U I LDERS, 6ZS GLENCOE STREET �i � E� 1�OARD RECO END TION: APPROVED COUNCIL ACTION REQUIRED: I�ONE; ACTION TAKEN AT �UiVE Z, I9%5 NIEETI NG No action needed. �� WALL CORP�, 6451 5TH STREET N� E� �OARD RECOMMENDAT�,QN: APPROVED EXTENSION FOR ON� YEAR _ _ COUf�CI_L ACTION RFQUIRED: CONSIDERATION OF RECOM— MENDATTON Extension granted. � REGULAR MEETING, JUiVE 16, i975 . PAGE 8 1 ' P�EW �USIidESS CCOi�iTINUED} I� I�ECEIVIi�G T E f�`'� fdU ES OF E i�OARD OF APPEA S H I T TH L I �'TEETING OF .�UNE :10, 1975, , , , . , , , . � � � . � � � � � i� — 14 H � . y . � . 1� I II KE O I�AiVNONr 1411� KERRY �I RCLE , �OARD RE�OM�JDATION.: APPROVED QUNCIL_ACTTON_ REQUIRED: CONSIDERATION OF RECOM— � MENDATION Approved. 1� MARLEN I�ILLER, %54O STINSON BOULEVARD _. _ ._.. 1�OARD RECOMME� 'TION: APPROVED _ .. COUNCIL ACTION 1�EQUIRED: CONSIDrRATIOf� OF RECOM— MENDATION Tabled until July 7, 1975 meeting. _. .. 3�. PORTFOLIO REALTY, INC� FOR GARAGES ON ABLE STREET FOR .�OUBLE 1�t1NGALOWS i�OARD RECOi�MENDATION: APPROVED WITH SUGGESTIONS _ GOUNCIL �1CT�ON REQUIRED: CONSIDERATION OF RECOM— MENDATION Approved. Minutes•received. t�ECE I VI NG T�IE I"�1 Nt1TES OF THE �NVI RONMENTAL QUALI TY _. _. . �OMMISSION �'�EETING OF �AY 2%, 1975� � � � � � � � � � � , , 15 — 15 C Minutes received. �I � � _.. REGULAR MEETI�JG, JU`iVE 16, 1975 i�EW bUSI�iESS �COiVTINt1ED) CONSIllERATION OF A RECIUEST 70 BUILD RESIDENTIAL GARAGE IN EXISTING COMMERCIALLY LONED PROPERTY; i�Y ALBERT CAMPBELL, �S4O 5RD STREET� � � � � � , � � , � � Authorized issuance of building permit. � CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR i�ESERVING LIQUOR LICENS�, BY I�AX SALITERMAN FOR KING�S .. CHALET, I NC � � � , � , , � . � . � , . � � . � � , , , � � . Tabled until July 7, 1975. PAGE 9 16 17 - 17 B CONSID�RATION OF REQUEST FOR FUNDS FOR E PLURIBUS UNUM PUBLIC �VENTS PROJECT, BY I�AROLD �ELGUM � � � � , � , , � � IS Council authorized appropriation of $500�from the general fund. . REGULAR PY1�tTI�vG, JUiV� 16, 1975 "id�W BUSI�d�SS (CO�VTIi�UE�) PAGE 10 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY k�LA1VS, SPECIFICATIuNS AND ESTIMATES OF THE COSTS �HEREOF: STORM SEWER IMPROVEMENT PROJECT #llo� �����, 19 Resolution No. 79-1975 adopted. CONSIDERATION OF A RESOLUTION RECEIVING PRELIMINARY � REPORT AfVD CALLING A PUBLIC NEARING (7N THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM � , ,. SEWER IMPROVEf�1ENT PRO��c-r #118, , � � � � � � f � � � Resolution No. 80-1975 adopted. � , , , 20 — 20 A CONSTDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIt�IATES OF THE COSTS rHERtUF�_ STREEI� 1MpROVEMFNT �ROJ�GT �i, 1975-1, ADD�NDUM �t� � � � � � � � � � � � � � � � � � � � � � . � � Resolution No. 81-1975 adopted. Councilman Starwalt indicated tie would like the hearing notices to state the actual improvement plans. Property owners to be given the alternative of not improving the street and making arrangements for maintenance. � ' CONSIDERA7ION OF A RESOLUTION RECEIVING PRELIMINARY � REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET �� IMPROVEMENT PROJECT ST, 1975-1, ADDENDUM #3� � � � � , , � Resolution No. 82-1975 adopted. 1 � 21 22 —22 A �EGULAR MEETING, JUNE 16, 1975 PAGE 11 iJEW BUSIiJ�SS (COidTINUED) � CONSIDERATION OF A RESOLUTION REQUESTING ANOKA COUNTY 70 PROVIDE SAFETY IMPROVEMENTS ON EAST RIVER ROAD AT 791�H WAY fV , E , , , , , , , , , , , , , , , , , , , , , , , 23 Resolution No. 83-1975 adopted. 0 RECEIVING $IDS AND AWARDING CONTRACT FOR S&W #117 �t�ID OPENING �UNE 5, 1975, 11:30 A.M,>. , , , e , , , , , Bids received and contract awarded to Bianconi Construction Company with the original bid being $70,283.05 with the�deduction of $285 for a total bid of $69,998.05. 24-24B �ECEIVING t�IDS AND AWARDING �ONTRACT FOR ST. 1975-10A �t�ID OPENING .JUNE 16, 1975, 11:30 A,M,), , , , , , , , . , 25 Bids received and contract awarded to Allied Blacktop in the amount of $�7,144.92 and with the understanding that the City will take care of the street sweeping. 0 REGULAR f�iEETING, JUI�E i6, 1975 i��w �uS i i�rSS (CUi�T I i�UE.i�) APPOINTMEiVTS: CITY EMPLOYEES� � � . � � � . � � � . � � � PAGE 12 26 Gerald Long appointed Operator and Maintenance h1an, Ulater Department effective June 9, 1975. Dennis Rambow appointed Operator and Maintenance Man, Street Department. Mary E. Grundhaus appointed probationary Police Technician effective June 16, 1975. CLAIMS, � , � , � � � , � � � � . � � � � � , � . � � � � � Approved. Ltc��vsES, , , , , , , , , , , , , , , , , , , , , , , , , , Approved. 27 • •1 . . �.ST I MATE S � � � � � � � � � � � � � � � � � � r � � � � � . 29 — � 29 B ' Discussion concerning the inspection of certain projects by Comstock and Davis took place with the administration directed to report back to the Council on this. Estimates approved, con����i��� rcaT � o►�s : �OVENAi�i CHUR.CH: SOFTBALL TOURNAMENT, . , . . . , . � � � 30 Approved. Councilman Breider raised question on this type of tournament and said this would be discussed at budget time. � REGULAR f�iEETIfVG, JUidE 16, 1975 COi�if'�lUidli:ATI0��5 (COivTIiJUtD) PAGE 13 IIUSCULAR 11YSTROPHY CARNIVAL CHAIRMAN: REQUEST THAT FEES BE WAIVEDf PATROLMEN, AND ST}�EET BLOCKED� ��������. 31 — 31 D Council action was to waive the permit fees, require the $200 deposit and indicate that the City patrolmen wauld not be furnished. The provision � for the $200 deposit to be brought back with additionaT information at the next meeting for further consideration. RECEIVING PETITION N0. 13-1975, R�QUESTING CURVING IN HOCKEY RINK, AND LIGHTS IN TERRACE PARK: Petition No. 13-1975 received and d�rected to administration for processing. DISCUSSION CONCERNING POSSIBLE LOCATION OF MTC BUS TERMINAL IN FRIDLEY: • The City Manager explained that two sites in Fridley, one on East River Road and the other in the vacinity of North Park were being considered along with a site on the Earl Brown Farm for possible.location of an MTC Bus Garage. The Council too action to notify MTC that the two suggested locations in Fridley would not be favored because of traffic problems. . �, ADJOURN:� 1:29 A.M. � � � FRIDLEY CITY COUNCIL MEETZNG �� , PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN� DATE: G% % � NAME ADDRESS ITEM NUMBER --------------------------- --- ---------------------------------------------------------------- --- f-- --------�------- -- ------------�� _�-- L� ----1 _-_-------------- ----------- � � � �� ' � , � , � � �` �-'.�� � � � � � e� -� �1 �'� � �'` ���— l—v � . / _ � — � � �-wl-c,� o ,n=�/�? � � � .�J. � � _ , C � � , ' ,� �ti.f / , Cj ,G,/�c7 �. r. i /7 � .� " �,�� � � / � � � � � '' `' � -� i � �`' � � � i� t 2�� � � �� � 6�.� � �f�-�- �i � �? ; ` -r- T � � � � �� � il � , n _ � � R � !. .I.��I.�.�i �� � L ���� `, . ��■ � � " • �- �!1�.� �.���. � ,�. ■ , , _ � , � "'�',�:.� 1 �i�' ,, r"�-I!l� ,��� �, i � - ,��''�� ���l�i � � � �.� ��U,�i�� ������ �� , � ': ` �. ..___., - - - � _. .. • ; �,i r , ��� ����..: / ��!i ,�, - � � � - - --�-- .'� t _.. � � � �►l�`J _ _ : - � � IY' : : ' ..�'.I�II��'�".� . : . i � � � .✓ .i , �./% • ; w / � FRIDLEY CITY COUNCIL MEETZNG � PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESSED IN DATE: NAME ADDRESS ITEM NUi�BER ------------------------------------------------------------------------------------------------ -------;-------------- ------------------------------__----------------------------- ----- /����� , �.��?� .� i `,�/�i�� %/_�� /,//�',G� � r`/ � ,; . ,�'�. r� �'�-�o � � ��-�iS�,� � �-K-uJ j� � � . �� 0 � s �',. � � � --•. _ _ ;. > (; � � . ��,,� ;,� r,� 0 , � �l U / � ) sa� � t.C.t,,{. .�� _-. • ��l � � �, i4-� �� � � 1'`� 70 9�t�..�- L��-e� fc �'�': ._ , �1 � �'a�� /���P -�'1.�' `/� r - ,���� ������ f ���� �� '3�I�}z c�',�� Ync� l�-r ) � , �"�s � ��.�e� % ;, �, ,< <, � �Y� > /�.��J�--� � � S�+-a C-' ��,�r�.n �,�.EQ y�-='----�- '=' ! � G. �a� � s-�/ ��-=.�� �� � �" � � C� �( - (.���,�: /a��� ���,� D�� /�/ �5��3 ,.-- %� i�- � � � � , /� �". - ssy 3 ,�.- �.5 /� ��.�-e�-�% �.�-� GSi6 S��r so� �.�vo! �� b � �-�-��o- ��(:� ..� �1 � � _ _ r63� '`� ���- �.1�= 5�� � �p �. ��o -.�����c�'. ;� I� � z �� / � i � /� t ��� /-� � FRIDLEY CITY COUNCIL MEETING ' PLEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN DATE: NAME ADDRESS ITEM NUMBER ------------------------------------------------------------------------------------------------ --- -` ---------.� --------------------- --�-� ---�------------------C ------------ -----------� , -- p ° ,.� . � 3� � l � .���.-�._ �.� � �t _ �2► l T � , ' ' � ��/��-� ; �� y� - �T ��C ��o� �' o r, ���� <---�� � . f a r� �� / va�, ll � `� � %, � • ,5 . �.(3•�J FRI�LtY CITI' i,Uu�vCIL - R�:GULAR �1EETIfJG - JUidE I6, 1975 — 7:30 P, M, PLt�1GE C�� HLi��G I As�CE : ROLL CALL: PRtSti'TNTIOi`� OF CERTIFICATIOi�S OF APPRECIATIQN; ' DONALD BLAIR �OE CHRISTENSEN GEORGE I"IEISSNER IRI CHARD FRE�iCH �AYiVE S I MON�AU ' �ON i'��L50N WILLIAM T�NCO , FATHER tD CHMIELEWSKI tSARBARA {�IUGHES ' GEORGE LEGLEN f�USSEL NQUCf< ' IiARRY CROW�ER �ON CISAR ' ' 1 �� 1 �. AI PRUVNL OF i II i�iJTES ; PARKS 8� REC AND•PLANNING COMMISSION PLATS & SUBS - STREETS & UTILITIES PLATS & SUBS - STREETS & UTILITIES PLATS & SUBS - STREETS & UTILITIES BUILDING STANDARDS BUILDING STANDARDS BUILDING STANDARDS CATV COMMISSION �ATV �OMMISSION �ATU �OMMISSION �NVIRONMENTA� QUALITY COMMISSI4N BOARD CF APPEALS POLICE �OMMISSIQN I�EGULAR ��EkTIi�G, APRIL Z1, 1975 � REGULFiR iY1��:TIir�, JUf�E 16, 1975 _ A1�OPTIOi� QF AGEidD�: UPEitJ FU�UI�'l, VISITORS: CONSIDERATION OF ITEMS ��OT ON AGENDA, 15 MINUTES) PU�LIi; ;�tARI;vG: PAGE 2 PUBLIC f�EARING QN THE OVERALL WATER MANAGEME�lT PLAN FOR I�ICE �REEK N�ATERSHED �ISTRICT e ��� � � � � � � � � , , 1 — 1 G REGULAR MEETIfVG, JUf�E 16, 1975 OLD �USINESS: PAGE 3 CONSIllERATION OF SECOND READING OF AN ORDINANCE �STABLISHING CHAPTER �.I3, REFUSE �ISPOSAL, AMENDING CHAPTER li, LICENSES AND PERMITS; AND REPEALING PRIOR CHAPTER 11� �WASTE DISPOSAL), , ,� , � � � � � � � � � Z — Z F 0 CONSIDERATION OF APPROVAL OF PL.ANS AND VARIANCES BY �`IERIDIAN CORP,, 78�9 E�sT RIVER ROAD CTABLED .JUNE Z, 1975) , ., , , , , , , , , , , , , , , , , , , , , , , , , , 3 - 3 � CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER ��% OF THE CITY CODE OF THE CITY OF FRIDLEY RELATI NG TO �IUN I C I P.AL 1�ATH I.i'dG �EACHES �FROM ��IEETI NG - oF Ju�vE �, 1977> , , , ,. , , , ,. , , , , , , , , , , , , , , 4 CONSIDERATION OF I'IRST READING OF AN ORDINANCE AMENDING CHAPTER 7O� OF THE CITY CODE OF THE CITY OF FRIDLEY RELATING TO PARKS AND PARKWAYS {FROM MEETING OF J u ►v E Z , 19 7 5 ) , , , , , , ,. .,. , ,. .,. , , , ' , , , , , , , ,. 5 � REGULAR (�1EETING, :JUfdE 16, 1975 OLV BUSIV�:SS (COf'dTIiVUED) Pa�E � CONSIDERATIQN OF ITEM REGARDING VANDALISM IN CITY PARKS AN� SCHOOL PROPERTY �FROM P�IEETING OF MaY 19, 19I�),,,,,,,,,,,,,,,,,,,,,,,,,,, 6-6C i�LW �US I iVESS : COfvSIDERATION OF F�RST �READING OF AN ORDINANCE FOR REZONING REQUEST BY RICHARD POVLITZKI, LOA #T�—OZ TO REZONE FROM �—� TO �-2; �365 CENTRAL AVENUE ��E� ���� � CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY �Y�ACHINING INC�,�SAV #75-03, TO VACATE ALLEY �iETWEEiJ ASHTON AVENUE AND RAILROAD �RACKS �ETWEEN LIBERTY STREET AND LONGFELLOW STREET; 14QLI BERTY STREET Id � C � � . � � . . � � � � � � � � � � � � . � REGULAR f�1�ETIidG, JUi'�E 1:0, 1�75 ivEW BUS1��ESS (COidTTNU�D) PAGE 5 COiVSIDERATION OF FIRST RcADING OF AN ORDINANCE FOR VACATION REQUEST BY NORTH SUBURBAN HOSPITAL DISTRICT; S�iV #��5-01, TO VACATE PART OF 76TH AVENt1E; GENERALLY LOCATED I�OR7H AND INEST OF UNITY HOSPITAL � � � � � � � � � 9 - CONSIDERATION OF �IBATEMENT OF i�UISANCE AT 53RD . AVENUE �V � t� AND i'�A I N STREET I�J � E� C I NTERSECT I ON VISIBILITY) � � , � � ' , , � � � � � � � � � � � � � � � � 10 — 10 B RECEIVING PETITION REGARDING VIOLATION OF FENCING �ODE OiV I�C�INLEY STREET AND MISSISS-IPPI STREET ��E� ���� 11 — 11 E � � . � � l � � � � � � 1 � �� � I � REGULAR f��EETIiVG, JUiVE 16, 1:975 .. [V��t BUSI(VcSS (COi�TIiVUED) RECEIVING THE MINlJTES OF THE PLANNING COMMISSION �°�EETI NG OF �JUNE 4, I9%� � , � � � � � E , � � � � � � � � 1 � � � Mi LES, J��%�-�1�, 15�0 RICE CREEK ROAD P�„�rv�v ���G COf�iM I SS I.ON OMM NDATI QN : APPROVAL WI TH STIPULATIONS . COUNC I L ACT I ON REQU I R_n ; CONS I DERAT.I ON OF RECOh1- MENDATION, ALONG WITH THAT OF BOARD OF APPEALS OfV THE RE4UESTED VARIANCE� . • �� V�IiV STEPNENS I�ATSUN i`�OR7H; SP#75-05� �g1O �NIVER- �SITY AVENUE lV� E� fLANNING COMMI�srnN I�ECOMMENDATIQN; APPROVAL V�ITFi STIPULATIONS . COUNCIL TION I�EQUIRED: IVONE; ACTION TAKEN BY �OUNC.IL AT MEETING OF �UNE 9, 1975, RECEIVIfVG THE I�IINUTES 0F THE BOARD OF APPEALS MEETING OF f�IAY 27., 1975 , , , , ,. .,. ` , ,. ' , ' ' , ,. , , ,. , . , . , , . . 1� A��i s L�& S I:NVESTMENT; %4Z�. CENTRAL AVENUE N. E� t�OARD RECQbMEN�ATION: APPROVED WITN STIPULATION _ _. COUNCIL TIOf�S �(�UIRED; {VONE; WAIT FOR PETITIONER TO SUBMIT PLANS FOR STAFF REVIEW AND RECOMMENDATION FOR BUILDING PERMIT APPROVAL . PAGE 6 12 - 12 H 13 - 13 � FEGULAR (�iEETING, JUidE I6, 1975 fvEW �USIidESS (COi�TIfdUED) PAGE 7 L�OARD OF �IPPEALS P'iINUTES �CONTINUED) L�. I HOMAS 1ti�I LES, �..5%U I�I CE �REEK ROAD _ _ __ �OA.RD RECQMME�lD,p,TIQ�.: APPROVED _ _ _ �Q.��IL CT�.QN REQUI.RED: �ONSIDERATION OF RECOr�— MENDATION, ALONG WITH SPECIAL USE PERMIT REQUEST j� TR I-CO hU I LDERS; 62� G�Er�co� STREET 1� � E� t�OARD RECOMMENDATION: APPROVED COUNCIL ACTION�REQUIRED, I�ONE; ACTION TAKEN AT �UiVE �, 1�%5 MEETING 4� �IALL I,ORP �, 645"1 5-rH STREET N� E� �OARD B.ECO MENDAT�.ON; APPROVED EXTENSION FOR ONE YEAR COU(�CIL aCT10N REQUIRED: CONSIDERATION OF RECOM- MENI�ATION 0 � �l � REGULAR MtETIP�G, JU�VE 16, 1975 �� : . NE'►� �USI;��ESS CCOi��TINUED) t�ECE I V I iVG THE I`'�I NUTES OF THE t�OARD OF APPEALS ��EETING OF �UNE l�, i975, . , � � � � � � � � � � � � � � , 14 - 14 H 1� I�II KE �� iSANNON1 1410 (�ERRY �I RCLE ]�09RD RECOM�1yDAT) ON.. APPROVED �QUNCIL �1GTION�R QUIRED: CONSIDERATION OF RECOM- MENDATION 1. MARLEN ��II LLER, �540 STI NSON BOULEVARD _ _ _ I�QARD REC0�1M��.DA'TION: APPROVED COUNCIL aCTION KEOUIRED: CONSID�RATION OF RECOM- MENDATION 3� PORTFOLIO REALTY, INC� FOR GARAGES ON ABLE STREET FOR �OUBLE .�UNGALOWS �OARD RECQ;MMEiVDATION: APPROVED WITH SUGGESTIONS COUNCIL (i�LQN REQUIRED; CONSIDERATION OF RECOM- MENDATION . - _ �tCE I VI NG T�iE I�iI NUTES OF THE tNV I RONMENTAL QUALI TY � �OMMISSION �'�EETING OF MAY 2%, 1975� � � . . � � � � � � � . 15 - 15 C REGULAR MEETI�JG, JUidE 16, 19�5 i�EW��bt1SI(VESS �COi�TINUED� PAGE 9 CONSIllEFZATION OF A REQUEST TO BUILD RESIDENTIAL GARAGE IN EXISTING COMMERCIALLY LONED PROPERTY; �Y ALBERT CAMPBELL, 5340 �RD STREET� � � � � � � � � � � , I6 CQNSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR � �ES�RVING LIQUOR LICENSE, BY MAX SALITERMAN FOR KING'S . CHALET, I Nc , , , , , , , , , ; , , , , , , , , , , , , , , 17 � 17 B CONSID�RATION OF REQUEST FOR FUNDS FOR E PLURIBUS UNUM PUBLIC �VENTS PROJECT, BY NAROLD �ELGUM � o � � � o � � � � 1$ 0 i� �' � � � � . � � � � REGULAR �Y1�.�TIiu�, JUidE 16. 1975 _ i�EW BUSI►��.SS (COiVTIiVUEi�) PAGE 10 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY F'�.AIVS, SPECI�ICRTIuNS AND ESTIMATES OF THE COSTS �HEREOF: STORM SEWER IMPROVEMENT PROJECT #�.lo� , � � � � � 19 CONSIDERATIOfV OF A RESOLUTION RECEIVING PRELIMINARY � REPORT AfVD CALLING A PUBLIG HEARING ON THE MATTER OF T.HE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM SEWER IMPROVE(hENT PROJECT #IZS, � � � � , � � , � , , , , , 2O - ZO A CONSIDERATION QF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS �HERtUF; _ STREEI' �M?ROVEM�NT PROJ�GT S ��, 1975-1, ADDEfVDUM �t3 � � � � � � � � � � � � � � � � � � � � � � � � ZI CONSIDERA7ION OF A gESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC IiEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST� I�IS-1, ADDENDUM #3� � � � � � , . 22 —22 A C�EGULaR MEETING, JUCVE 16, 1975 id��i BUSIi'��SS (COi�TINUED) PAGE 11 CONSIDERATION OF A RESOLUTION REQUESTING ANOKA COUNTY -t0 PROVIDE SAFETY IMPROVEMENTS ON EAST RIVER ROAD AT 791�H WAY N , E , , , , , , , , , , , , , , , , , , , , , , , 23 n RECEIVING �IDS AND AWARDING �ONTRACT FOR S&W #117 ��ID OPENING .�UNE 5, 1975, 11:30 A,M,). . , , , , ,: , . , 24 — 24 B i�ECEIVING 1�IDS AND AWARDING �ONTRACT FOR ST, 1975-10A �1�ID OPENING JuNE 16, 1975, 11:30 A.M,), , , , , . . , . , 25 REGULAR fYICETING, JUidE i6, 1975 i��w �uS i i�tSS (COiuT I i�UEi�) APPOINTME:NT5: CITY EMPLOYEES, � � � � � � � � � . . � � . �LA I MS � � � � � � � � � � � � � � � � � � � � � . � � � � � � �ICENSES < < � , ► . � . � s � � � � � � � � � � � � � � � � �ST I MATE S � � � e � � � � � � � � � � � � � � � � � � � � � CUh�li`°Il1fV IC�T I DiVS': I,OVENAiJT CHURCH: SOFTBALL TOURNAMENT, . . � , � , . � . � PAGE 12 26 2� 28-28D 29 —. 29 B 30 REGULAR iyiEETIf�G, JU►�E 16, 1975 CUi�i�'iUidli.A-CIO��S (COi�TI�dU��) PAGE 13 I�'IUSCULAR liYSTROPHY CARNIVAL CHAIRMAN: REQUEST THAT FEES BE WAIVED, °ATRQLMEN, AND STREET BLOCKED� � � � � � � � � � 31 — 31 D � Ali.iOURi� : ��o s THE MINU7ES OF TNE REGULAR MEETING OF THE FRIDLEY CI1'Y COUNCIL OF APRIL 21, 1975 � The Regular Meeting of the Fridley City Council of April 21, 1975 was called to or�er at 7:35 P.M. by Mayor t�ee. • PLED6E OF ALLEGTANCE: Mayor Nee welcomed those present at the meeting and invited them to join the Council in saying the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES: REGULAR MEETINf OF MARCH 17, 1975: MOTION by Councilinan Starwalt to adopt the Minutes of the Reqular 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, MARCi�,''8, 1975: MOTION by Councilman Starwa�� to adopt the Minutes of the Canvass Meeting of the Fridley City Council of March 28, 1975 as presented. Seconded by Counrilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Breider explained that he had received a petition from residents of Satellite Lane and they had indicated they would like to present this petition and some comments during th� Visitor's Section of the agenda. Councilwoman Kukowski said she woul� like to discuss the existing vacancies on the Planning Correnission. Mayor Nee said he would like to add an item concerning the conflicting trash pick up regulations 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 1i59 which deals with the licensing of vending machines. Councilman Starwalt said he would like to discuss stop signs on"Benjamin Street. MOTION by Councilwoman Kukowski to adopt the agenda w?th the aforementioned additions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM: UTSIT�)RS: MR. JOSEPI-i B. WOOD, MANAGER OF APARTMENT ON SATELLITE LANE, PRESENTED PETITION OF RESIDENTS FOR ADDITIONAL PARKING: PETITION N0. 4-1975 : MOTION by Coun�ilman Breider to receive Petition No. 4-T975 from the residents at 195, 175, and 155 Satellite Lane who request additional parking on the apartment side of the street or the north side of Sat211ite Lane. Seconded by Councilwoman 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 Departm�nt vehicles. Councilman Breider said this is an e.rea a�here there is a difficult corner and is difficult to travel with cars parked on the roadway. Councilman Breider said a resident of the area had called him and indicated that the petztion.: would be presented at the meeting, and also that some of the residents would like to make comments concerning the parking problems in the apartment area. Mr. Joseph Wood, Manager of an apartment building on Satellite Lane addressed 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 , , l07 I, REGULAR COUNCIL MEETING QF 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 it 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 park�ng of v�sitors 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 enforcement of the no parking regulations and at times there are some difficulties. Hesaid when there is a car parking in this area and they are not able to determine the ownership of the vehicie, they cail the police and have the vehicle hauled away. Mr. 4Jood suggested some modification of the requirements be taken such as limited two hour parking on the north side. He continued to cor�nent 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 Council and said she had had problems with the situation being there is no place for visitors to park. She pointed out if she were to have a dinner party or bridge party, there �s no place for the guests to park. There is not enough area in the 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 Breider 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 reasoning that the chidren in the area are in danger when walkino to catch the 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 allow the visitors 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. He said this matter had been reviewed by the Council and staff a number of times. Councilman Breider said there is a real problem in the winter months because it is difficult to make the turn. Councilman Breider said he believed this to be a difficult situation and he sympathized with the residents of the area. Councilman Breider questioned the feasibil�ty of the owner purchasinq some additional property to the west of the complex for additional parking. 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 talked 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 size 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 wpuld be a possibility. The City Mariager said if there is no solution to the problems immediate.ly.,there is also the possibility of creating such limited parking for a short period of time. Councilman Breid�r 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 ov�ner 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 solutaon be considered. � � i REGULAR COUNCIL MEETING OF APRIL 21, 1975 . PAGE 3 Councilman Starwalt directed his cor�nents 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 suggested they all work together for a proper and suitable solution. Counciiman Breider also questioned if the person who owns the huilding 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 ��ith the owner and he had indicated he was not in a position at the present time to purchase the additional property. She recalled at the time the buildings �,�ere being cerstructed there was adequate parking and there was no thought of tne 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. SNe indicated each of the residents is provided with a set space in the back of the building. Mrs. Wood confirmed the remarks concerriny the hassle involved in showing the buildings f,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 af the building so she can point out the proper parking area, this discourages the people from even looking at the apartments. Mayor Nee asked how the people of the area would feel about some parking meters which would require the deposit of around 20� to park in the area. Mrs. Wood pointed out the fact that in other areas> this is not required and she did not think it would be f��r to the residents of the area. She stated she thougiit this would constitute discrimination toward tha people of the area. The City Attorney mentioned he knew of the property to the west and believed th9s belonged to Carlson LaVine and is located adjacent to the new construction being done by RAO manufacturing. The City Attorney said he had ta�lked to the otivner of the property and believed there to be a possibility that this parcel. could be �e�aeed for a number of years, if the apartment owner did not choose to purchase any p p Y• Mr. Wood asked if the suggestions of the City would be submitted to Mr. Edstrom, the apartment complex owner. 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 cumplex also be g�iven to the owner, MOTION by Councilman Breider to give the apartment owner a reasonable amount of time to come up with a solution for thE parking problens 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 about a period of twn months until some solution to the problem is developed by the property owner. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked the apartment manager if Mr. Edstrom, the apartment owner is in the City of Fridley.often. He,questioned if he could be asked to stop by and see the City P�anager so that mir�nunications could be open on possible solutions to the problem. Mayor Nee explained that the C mncil wants to accomodate the problem and perhaps there could be some give and take. MRS. KATNLEEN MALONE, 6131 B�NJAMIN STREET, REQUEST FOR PLACE OF STOP SIGN ON GENJAP1IN STREET: Mrs. Malone addressed the Council and indicated th� the 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 p7acement of the stop sign on Benjamin Street at ariardale Road and also Qenjamin and 61st. He reiterated the remarks that this had been petitioned for and the peopie were under the impressi�n that it v;ould be placed in the location desired. Ne indicated he did not feel that the sign thai; was placed in the area was the real answer to the probiem 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 ttse area. He said Lhe traffic creates a x' � � � � � ; � I � REGULAR COUNCIL MEETIPJG OF APRIL 21, 1975 PAGE 4 a hazard for the children meeting the bus. Councilman Starwalt said there is a speed � or draggirtg situation occurring and this is enhanced by the u�ideness of the street. He. also conunented that as iong as this area is contiruing to develop, he believed that the stop sign is placed in the position requested. � MOTION by Councilman Starwalt to instruct the Administration to place a stop sign on the north and south sides of Benjamin at Briardale Road. Seconded by Cour+ciiwoman Kukowski. Upon a voice vote, all voting aye, Mayoi° Nee declared the motion carried unanimously. I l) 9 MR. KE.NNETH SPORRE, 301 IRONTON STREET N. E.,Iy:1,'ITA7T�^! FOR MEMBERS OF THE COUNCIL TO VISIT CITY PARKS AND NORTH PARK: Mr. Sporre addressed the Council ardinvited 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. He explained the students would be installing t�mporary bridges in North Park. He again invited the Council to go out and see what the High School students would be doing and indicated that this would be the fo]lowing day. � � OLD BUSINESS: ORDIP�ANCE N0. 583 - TO AMEND CHAPTER 506, SECTIQN 506.05, REMOVAL OF THE CITY CODE_ OF THE CITY OF FRIDLEY SNOW REMOVAL - VIOLATION AND TOWING : Councilman Breider said this would be making a few changes in the ordinance to better allow for the removal of snow on the City Streets_ , MOTION by Counci7:man Breider to waive 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, Playor Nee declared the motion carried unanimously. � ' � r �J' NEW BUSIfdESS: DISCUSSION OF APPLICATION OF STORM SEbJER ESCROW FUNDS IN THE BRIARDALE ADDITION RICHARD MILLER : 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 like to outline his position on the matter in writing 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 Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . (Note: Further action was taken later in the discussion.) Mr. Dennis Schneider, 6190 Stinson Blvd:, 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.deration r�eant at this time. � Mayor Nee explained that the developer, 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 sewer assessments. The City Attorney said he did not want to speak on 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 clecision that either the Councii or the Courts wou]d have to make. I Councilman Starwalt said he was aware of three different contracts that the developer has entered into with the property owners of the area. He said any deci:sion on this situation might be out of 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. Seiler. � ; 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 I3U REGULAR COJNCIL 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 c.r,uld decide to use the escrow money for the assessments and go al�ead and authoriz2 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 qucstion 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 recommendation 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� or not. The City Attorney said he did not see any legal problems, but there could be some accounting problems. Mayc�r Nee askcd 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 escrota morey to Mr. Miller if the assessments are take�� from the escrow account, or they would be responsible for the assessments themselves. 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. 7he City Manager said thiswas cori°ect. The City Manger said the City had documents to the effect and the storm sewer escrow was required to have the assessments tal:en 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 concern�d had bee�i calling Ci�y 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. Councilmar Fitzpatrick asked if any of the people in the area had paid their assess- ments. A resident of the area said they had not. Councilman fi�tzpatrick said he would agree with the recommendation to waive the interest if the amounts had not been paid �y anyone. He said he wcuT.d suggest this if tl�e City Attorney did not see any legal problem. Councilman Breider said thiswould be a problem for the home oa�rners if the escrow money was put in the assessment account. He added, t4r. Miller may sue the home owners who -��ought houses from him. He said the City would be sued or the group of home buyers would be sued. ihe City Attorney said if the City applies the money to the assessments, the matter will probably go to a declaratory judgement. The City Attorney said there is a good chance that the City's position would orevail. The City Attorney further axplained that with the contracts between Miller and the home buyers, h� thought Mr. Miller would 'bring action to collect•tt�e money from the home owners. The City Attorney said he thought the Council should consider this matter from the stand point of the home buyers be aware that they may have to pay the assessme�7t amounts to Mr. Miller in casn if the judgement favors the City. He sai�+ there are a good number of home owners involved and may be possible fer them to pay for a number of years as it stands now, ard after the judgement, they•would have to pay the Entire amount at once in cash. The City Attorney correnented 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. Miiler and the City. He did mention as a practical matter, this may be a hardship on the home owners. 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 Ma.nager said there had been two storm sewer assessrrents in this area. Project No. 106 amounted to about $500 per lot, and, now Project No. 114 would be ap�roximately ��\ . $200 to $30� now. The Finance �Jirector indicated that some maney from the escrow accounts Fiad been applied to Project No. 106 and Mr. Miller said that this should not have been d,ane. He said the same procedure had b'een followed in �the transfer of the and it f �� € i � � �1 I �J � � f ' �� lll REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 6 Project 106 mbney 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 money 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. 0'8annon and other developers. The City A'ttorney said it might not be in the best interest of the property owners to do this. The City Attorney repeated that the property owners may be forced to pay Mr. Miller in case at his option. Ne suggested some.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 mentioned at the public hearing that the home buyers had signed an agreement where they had waived any rigllt or titie 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 �ould be added to the principle price of the home or paid to Mr. Miller in cash. He said this would depend on the action of the.Cnuncil concernin3 the escrow. T6e City Attorney said if this was before the previous assessment, this may mean both project as he interpreted the language of the agreemeiits. - CouncilmanStarwalt asked if the Council would move to proceed as they have in the past and apply the escr.ow 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 stateinent 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 should 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 tl,�t escrow is a good principle if the people involved read the fine print, they wiil I:now that this is taking piace. � � MOTION by Councilman Starwalt to take the matter of the storm sewer escrow in the Briardale area from table. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared 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. Seconded by Councilwoman Kukowski. The City Manager indicated that if the escrow money is applied to the project, this ' would 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 action 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 escrotived amount in full at the present time. The City Attorney said the Council might be confusing the agreement with the people and the contractor wiCh the concerns of the City. He indicaied that if this matter would be involved in court, that it would be possible for him to indieate 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. ].12 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 prospective home buyers would be notified that the future assessments may be pending on the property. He said being that the people were rotified 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 i:he validity of the transfer of the obligation. He said if Mr. P1iller is obligated to the City of Fridley, how can he transfer his obligation to the home buyer. Ne 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 PJee explained with FHA financing, the assessments have to be taken care of by the seller. Ne 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 THF MINUTES OF THE PLANNING COMMISSION MEETIPJG OF APRIL 9, 1975: MOTION byCoucnilman Breider to receive the minutes of the Planning Commission meeting of Apri1 9, 1975. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOP,RD Of APPEALS MEETING OF APRIL 15, 1975: THE CITY HAS P.ECEIVED A REQUEST FROM MR. WYMA�d SMITH, ATTORNEY FOR MR. RICHARD D. POVLITZKI, OWNER OF THE FRONTIER CLUQ LOCATED AT 7365 CENTRAl�.AUENUE N. E., FOR ���as 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 recommendation of the Planning Comnission. He said this current matter is not related to the consideration of the P1anning Commission. The Public Works Director explained that the concern was initiated by a letter from Mr. �dyman Smith to the Zoning Administrator, when he requested an interpretation in the granting of the . iritoxicating 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 Ptr. Smith's request for a determination dated April 7, 1975. The Public 4lorks 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 memorandurn to Mr. Smiih. The Public Works Director pointe:d out or1 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 6oard of Appeals was that the variance not be granted. He also noted on page 4-G of the minutes that the 6oard of Appeals had requested the City Attorney to prepare an opinion on whether the Board af Appea1s had ruled properly. The Pub1ic Works Director read the corrmiunication from the City Attorney dated April 17, 1975 in answer to t.hisrequest. Mr. Mark Haggerty, from the law firm Smith, Juster, Feikema, Haskvitz and Casserly, ' reE�reseri*�ng Mr. Po�✓]itzki addressed the Council and said he had rece.ir�d the letter ' from the City Attorney. He requested th�t the matter be tabled until the rezoning request recommendation frem the Planning Corr�iission is obtained. �� MOTIOH by Councilwoman Kukowski to table the consideration of the appeal of the I �oning Administrator's interpretation. Seconded by Cou�ncilman Starwalt. � ,� '� REGULAR COUNCII. P1EETING OF APRIL 21, 1975 PAGE 8 � Mr. 6i11 Drigans addressed the Council and said the Zoning Adininistrator had �' � indicated there were two distinct problerns. He said the considertion by the ; Board of Appeals reconunendation was just based on the Zoning Ndministrator's F letter, not the rezoning of the property. �' � � , ' ' , lJ ' ' ' , i 1,3 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 (Jee declared the motion carried and the consideration tabled. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Pleeting of April 15, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING TNE MINUTES OF THE QUILDING STANDARDS-DESIGN CONTROL SUBCOMP4ITTEE �1EETIPdG OF APRIL 10, 1975: CONSIDERATION OF A RE(�UEST FOR BUILDING ALTERATIO^!S FOR USE AS A AUTO AGENCY: LOCATED nN i nT i_ Ri nr.K 1_ PFP.RS(1PJ'S A��1TT(1N_ THE SAME �EIPJG 7701 E�.ST RIVER ROAD, FRIDLEY, The Public IJorksDirector 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 6Y ISLANDS OF PEACE TO CONSTRUCT A BRIDGE FROM HAYES RIVER LOT TO CHASES ISLAND LOCATED AT 5960 EAST RIVER ROAD, FRIDLEY, P1INC�ESOTA: The Public Works Director explained the proposal'for 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. Hc exolained that the bridge would have to be constructed so it would not be affected by flooding. He noted that there will have to be a foundation so the bridge could not f]oat away. The Public Works Director continued to explain that the bridge meets the set back requirements and will be eight feet v�ide to allow two wheel chairs to pass one another. He 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 the reaaest with the stipulation that additiona7 landscaping be done on the green area. MOTION by Councilman Fitzpatrick that the request for the construction of a bridge be approved for the Islands 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 Kukowski. Upon a voice vote, all voting aye, �iayor Nee declared the motion carried unanimously. RECEIVING REPORT REGARDING 6US 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 representat9ve of the MTC had indicated that the City would be able to get r�ore bus shelters than had been allocated for the City if they would agree to construct the slabs that the shelters are constructed on. He mentioned he had asked the City Planager to prepare some mate�°ial 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 P4TC were also marked. The City Manager explained that the pads or siabs would cost the City $350 each. The cost per shelter f�r 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. He 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. m z�� . . . . . . . .. . . .... . . . .,I . REGULAR COUNCIL MEETI�G OF APRIL 21, 1975 PAGE 9 , Mayor Nee indicated he agreed with the placement of the shelters proposed in the ttoc,re 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. Mayor Nee said it would seem to him that the apartment areas should be considered The Public 4Jorks 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 the area that are proposed. Councilwoman Kukowski mentioned that there had been two shelters proposed for the 73rd area. She questioned if one of t!�ose 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 studied 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, uut not people. He said he did not understand the placement of the shelter on the east side of University on 73rd Avenue. Mayor Pdee said the one by Holiday could draw a load as well as the one off of 61st and University. Mayor Nee said he saw people on this bench waiting for the bus all of tt�e t.ime. Mayor Nee said the placement of tiie sheli;er near the Meadow Run apartments will also draw a 1oad. Councilman Fitzpatric!< said the two areas he is familiar with had shelt.ers proposed for construct�ion this year. The City Manager said if it was the consensus of the Co�_I�CiI that additional shelters be p�°oposed with the Cit,y installing the slabs, he would.bring back a resolution and map wh�ch could be amended if the Council desired. MOTION by Councilman Breider to direct the Administration to prepare a resolution and proposal for Council consideration at the first meeting in P•tay, �4ay 5, 1975, which would suggest the installation of ten bus shelters to be constructed the current year. Seconded b,y Councilwoman Kukowski. Upon a voice vote, all voting a,ye, Mayor Nee declared the motion carried unanimc�sly. CONSIDERATION OF A RESOLUTION RECEIVING THE OVERALL PLAN FOR WATER MANAGEMENT OF RICE CREEK WATERSNED DISTRICT AND REQUESTING ITS I"•1PLEMENTION: The Public l�orks Director expiained the proposal to be mostly history of the area. He said the first seve:? chapters of the overall plan deal with the general historical informatior, and con�itions and the last t,�o deal with recommendations or certain policies to eliminate the prcblems. He said the final chapter is projects tt�at they propose to institute. Ne said their proposals refer to channelization improvements in the lower reaches of Rice Creek. He said the overall plan would be available to those wishing to review it and he added the plan is basically dealing with areas that the City had been concerned w�th for a number of years. He recalled the Council's attention that the City had prepared a r°eport 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 on a district wide basis. He explained that the Rice Creek Watershed Dis�rict 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. �obiech said the resalution of this type without the petition would be adequate at this time. The City Manager said the plan had just been br�ught 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 the Council's attention to make them avaare of the plan. Mayor Nee asked what rechannelization would be. The °ublic Works Director said in some cases this would mean straighteninc the flov� and in others allowing the proper flow without erosion. He said it ��rould be their intent to keep the creek as it is, but in some areas, as it exists, there are problems. He also added that this may just mean planting the proper vegetation to stop erosion. He said this does not mean that they would create a straight shot of the creek. He said if there viould be too much � I' � ' �J REGULAR COUNCIL MEETING OF APRIL 21, 1975 alignment, this would ct°eate more siltation problems. PAGE 10 ll5 Councilman Starwalt said he was going to question if the curves would be straightened out, but this question had been explained. Councilman Breider asked if the Fridiey Environmental Quality Coinmission had seen the overall plan. 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 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. Ne said bel'ow the area, there is no way to get involved in storage situations downstream. Councilman Starwalfi said he thought the matter should go to the EnvironmentaT Quality Corrcnission befc:e the Council considers it. Councilman Creider said he could not believe that the costs of the plan had not been � discussed. He questioned if there would be any way to deterr,iine what Fridley's portion of this project might be. The Public Works Director said without ihe research which is to be done, there would be no way of determining this. � CI, ' , , , ' ' �� ' Councilman Breider asked if the Administration could prepare a ten page summary of what the report contains. The Public bJorks Director said he thought this was possible. 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 callinq him and questioning him on this type of information ard he would want to know what to tell them. The City Attorney said �his detailed information may be difficult to determine at this time because the plan is just an overali plan. He said the probiems are mentioned, but he doubted if the answers to the channelization or costs could be determined at this time. He said �here would have to be a preliminary study before this would be available. The (;ity Attorney said no definite plans for the improve!r.sr�i 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 fol.lowing: "G. Channel Improvements: Rice Creek, particulary along its final reach in the �ridley area, is in serious need of various chann2l improvements. Ai; several locations, the stream channel is in a state of disrepair, resulting from the long term effects of fiooding, natural weatherin.g, 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 Board of Managers assign relatively high priority to a channel improvement project alonq 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 informatien 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 Locke Lake. A specific action plan, schedule and budget would then be established for improving the Rice Creek channel in the Fridley area." The Public tdorks Director said, perhaps this would mean dredging of Locke Lake. The City Attorney said with the Rice Creek IJatershed 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 �vould 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 wo�ld 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 af the advalorem money stating they may have a couple of years accumulated before the time of the actual asse'ssments. �� 116 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 11 Mr. Kenneth Sporree addressed the Council and said he believed it wou?d be a good idea to give the plan to the Environmental Quality Commission for their review. Mayor Nee said many people live on the body of water that will have an interest in this piail. He said tfiere should be a hearing on the plan with those affected being involved. The City Manager said by the Council resolution proposed, the Council was not saying it 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 C�°eek 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��ncil 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 pti°ovided to the Council and thematter could be brought back an May 5th. He said the proposed resolution would tell the Rice Creek 4latershed District to move along to the future steps in the plan. He said th e matter could be brought with thie 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 present plan is only sayin'g that the sedimentation and pollution �roblems should be taken care of. He thought that the City should indicate 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 everyone else could review the,plans when they are presented. The City P1anager said the City should know what the plans are before the public hearing. Mayor Nee said he would like to get the people invol.ved 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 Co��raission. The City Manager said he d�d not feel that there would be any action on the plan until the next year. He said tha information would be made available. Councilman Breider said he would like to have a precedent set aiid have the material forwarded to the Environmental Quality Comnission. 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 commission that have done a great deal of research and are well qualified to speak on tt�is type ofi matter. He 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 stuted he believed the people should be involved at this time, very early in the process. Mr. Sporre addressed the Council and said it is what happens north of Fridley that would bother him. He said i:his is the area where the controls should be placed, not corrective measures to correct th2 northerly f�ilin�s upstream. He thought the summary or ten page report wouid be worthiess to work from on the Commission level. He said he would like �o know what is happening in the plan before the Fridley area. He said he would li;:e to know what measures are being i:aken from Lino Lakes to alleviate theproblems being picked up downstrea��i in Fridley. Mayor Nee said the current plan is a general proposal. Holding basins are mentioned and are to be used befnre the storm drainage gets to the creek. He said as far as the creek system, this is more of a hydro�oqic s�rstem, 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 the 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 ��ould be upset. Ne sa�id if the City would say that the action is goiny to l�e 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 si:rike some balance. � ' '. REGlJLAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 12 117 ' MOTION by Councilman Fitzpatrick to direct the Administration to refer the overall plan �o 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 Council�•roman Kukowski. t ' ' ' Councilman Breider said he felt that the City should notify the Rice Creek 4Jatershed District that the plan is being taken under advisement and closer scrutiny of the of the Environmental Quality Commission and that the City would get back to them some t.ime in the near future. _ The City Manager said he would inform the.District that the plan is being studied and the City would respond socn. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60-1975 - SUPPORTING AMENDMENTS TO MANDATORY COFIPREHE�ISIVE PLANNING LEGISLATION: Mayor Nee sa�d the action of the Council in this instance may be after the fact. The City Manager �xplained the Legislative Subcommittee 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 .ccmprehensive 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. �� ' ' ' ' ' 1 ' �� J �I Mayor Nee questioned the reason5 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 po�ver on the plans for the parks in the Fridley area. The City Manager said no, only when there is metro significance. MOTION by Councilinan Breider to adopt Resolution No. 60-1975, supporting amendments to mandatory comprehensive planning legislation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P4ayor Nee declared• the motion carried unanimously. RESOLUTION N0. 61-1975 �- ORDERING PRFLIMI�!ARY PL/CVS, SPECIFICATIONS AND ESTIMATES OF TNE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1975-1, ADDENDUM #2: The Public Works Director explained that initially this section of improveinent 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 Resoiution No. b1-1975, ordering preliminary plans, specifications and estimates of, the costs thereof: Street improvement Project St. 1975-1, Addendum #2. Seeonded by Councilman Siarwalt. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously. RESOLUTION N0. 62-1975 - RECEIVIfvG 7HE PRELIMINARY REPORT AND RECEIUING PETITION TO 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 8reider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 63-1975 - ORDERING I°1PROVEMEt4T APJ� FINAL PLANS AND SPECIFICATIONS AND ESTIPIATES OF THE COSTS TNEREOF: ST°EET IP1PROVEP1ENT 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. RESOLUTION N0. 64-1975 - ORDERING TMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERiISEMENT FOR QIDS: STREET IMPROVEMENT PROJECT ST. 1975-1, ADDENDUM #2: MOTION by Councilwoman Kukowski to adopt Resolution No. 64-1975, ordering improvement. lI8 REGULAR GOUNCIL MEETING OF APRIL ?1, 1975 PAGE 13 approval of plans and specif�ications and estimates of costs thereof; Street Improvement Project St. 1975-1, Addendum ,#2. Secorded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously. DISCUSSION REGARDING VACANCIES ON PLANNING COMMISSION: Councilwoman Kukowski said she could not see how the Planning Cominission was operating ��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 Subcommittees be temporarily seated as ' member of the Planning Commission until this time when appointments would be made. Councilman Fitzpatrick said the Subcorrmittee 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 automatically provided for by the ordinance. Councilwoman Kukowski said she had heard that this procedure was possible within the City Code and she thought there was some problem in getting it initiated. Council- woman Kukowski asked what about the Parks and Recreation Vice-Cha�rman, was he interFSted in serving on the Planning Corrmission. Co�ncilman Starwait said he thought Mr. Blair did not want to serve and asked if the same was tru,e for P1r. Peterson. The City Manager said he had no definite information concerning these questions. Councilman Fitzpatrick said there is still a problem with the shortages of inemhers on the Subcomir�i ttee, Couecilman,areider 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 vreight in the decisions of the Council.and if the City were involved in any iitigatia� and someone was 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 Subcorrmittees be limited as voting members until the ordinance concerning this is amended. Councilm?n 8reider 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 the Environmental �uality Commission has more input because he has been seated on the co�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 taking some action on the proposed ordinance by the end of May. Councilman Breider asked when the Public Hearing is scheduled and the City 44anager said May 12th. Councilman Breider said he felt the Chairman of the Environmental Quality Commission shoulcl be a voting member as soon as possible. 7he City Manager said if this is the desire of the Councii, the ordinance can be brought to the Council for first readiny at the public hearinq 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 fday. DISCUSSION REGARDING CONFLICT IN TRASH PICI: UP REGULFlTIOH�: Mayor Nee stated the confusion concerning the collection of trash in the City of Fridley nating 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. Councilmari BReider said he thought someone in the Administration had met with the trash collecturs and resolved the question the previous year. He asked what had been arrived at at that time. The Public Works Director said he a�as not aware of this 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 cf�eck into the matter and report back �—� to the Counci 1 . ' � ' > u ' ' ' t19 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 iiorne owner will make arrangements for this to be pieked 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 tvould be moved and cans taken without the pick of the bagged material. Councilan Ereider said he thougnt �;he situaiior: should be reviewed. Ne again mentioned he thought the problem had been solved. Councilwoman Kukowski mentioned she had no problems with collection, her collector takes everthing that is put out. • RESOLUTION N0. 65-1975 - IN OPPOSITION TO ADOPTION OF SUBDIVISION D THAT AMENDS MINNESOTA STATUTES 1974 28A.09 AS INDICATED IN HOUSE FILE 1169: The City Manager said the bill had been proposed because some areas had raised the 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 out that the City would loose 5�2,000 in revenue if this change was approved. He said this would make the service of inspection the responsibility of Anoka County and Hennepin County and he felt the City would provide better service. ' MOTION by Councilman 6reider to adopt Resolution No. 65-1975, in opposition to adoption of Subdivision D that amends Minn2sota Statutes 1974 28A.09 as indicated in House File 1169. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' RESOLU7ION N0. 66-1975 - P,UTHORIZIidG Af�1D GIRECTI^�G THE SPLITTING OF $PECIAL ASSESSMENTS ON PARCELS 3050 A�tlD 3130, UNPLATTED SECTION 11: ' MOTION by Councilman Breider to adopt Resolution No. 66-1975, authorizing and directing the splittiny of special assessments on Parcels 3050 and 3180, Unplatted Section 11. Seconded by Covnci�woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' SOLUTION NO 67-1975 - AUTtiORIZING AND DIRECTING THE SPLITTIh!G OF SPECIAL ,4SSESSP1ENTS PART OF LOT 23, PARCEL 2800, AUDITOR'S SUQDIVISION �22, AND PLATTIP!G I^!TO HEATHER � i e ��Jfl Af1f1TTTf1N• ' MOTION by Councilman Breider to adopt Resolution No. 67-1975, authorizing and directing the spl.iti:iro of special assessments on part of Lot 23, Parcel 2800, Auditor's Suydivision No. 22, and platting into Heather Hills 2nd Addition. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor•Nee declared the motion carried unanimously. ' RESOLUTION N0. 68-1975 FlUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSME�ITS ON PARCEL 2400, 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. Uoon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' , ' � CLAIMS: GENERAL 39705 - 39847 LIQUOR 9732 - 9769 MOTION by Councilman 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 Holiday Village P�orth 250 57th Avenue BY Gold Amusements Dates: May 2- 11; 1975 APPROVED BY Public Safety Dir FEE $225.00 120 REGULAR COUNCIL MEFTING OF APRIL 21, 1975 LICENSES CONTINUED: FOOD ESTAQLISHMENT & ON SALE BEER Fridley Firemen's Relief Assoc. sponsoring Fridley Invitational Softball To�rnament Corrmons Park 61st & 7 Street N. E. Dates: June 20 - 22, 1975 APPROVE� BY Public Safety Director PAGE 15 FEE Non-profit 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 Dlee questioned the policy of the serving of beer in City parks. He felt this was against the law and he thought the law should be adjusted rather than allow the us�e when suited. . The City Nianager said somethiny could be brought back for Council consideration. Councilwoman Kukowski quest�ioned if this concern is brought up every year. Councilman Breider said this was requested by the Prosecutor. The City Attorney suggested that something be done in the form of a resolution to determire City policy. The City M�nager said this could be a topic of discussion at a conference meeting. He suggested the Council go over tne pros and cons of the question. He pointed out that the law would have to be enforced. The City f�ttorney 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. P�ayor 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, Minriesota 55044 PARTIAL Estimate No. l0 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and Resident supervision for the staking out of the following: PARTIAL Estimate PJo. 5 for Sanitary Sewer Improvement Project 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 & Nerrick 6279 University Avenue N. F. Fr9dley, Minnesota 55432 For Services Rendered for March, 1975 $ 4,568.30 $ 129.71 $ 682.53 $ 2,273.00 MOTTON by Councilman [3reider to approve the Estimates. Seconded by Councilwoman Kukowski. Councilman Starwalt asked if there was still a partion of Project #114 that had not been conipleted. The Public Works Director said they are st11,1 working on Alden Way. UPUN A VOICE VOTE, all votir�g aye, Mayor Nee declared the motion carried unanimously. 0 i � , ,' ' i 4 ' ; R ' , _ . _ ___ _ __ —_ _ _ __ _ _ _ _. _. _ _ ___ __ _ ( , ' � C ' '• . r- I �_J ' ' ' ' 1 ' ' L__I ' REGULAR COUNCIL MEETIN6 OF APRIL 21, 1975 PAGE 16 IL1 COMMUNICATIONS: INDEPENGENT SCHOOL DISTRIC7 �114: _WAIVER OF FEES FOR HERRING IPJSPECTIQN PERMITS: The City Manager explained that the inspection or permit fees had been waived in the past for the School District. MOTION byCouncilman Starwalt to receive the communication from Independent School DisLrict #114 and authorize thatthe fees for the permits be waived. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OFFICE OF 7HE SECRETARY OF TRANSPORTATION: NOISE CONTROL AT QURLINGTON NORTHERN NORTHTOWN YARD: Mayor Nee explained the Department of Transportation requested if they couid review thenoise contr.oi system at the Great Northern Northtown yards. Ne mentioned they were quite impressed with this and would like to make a systematic evaluation. He explained that this review would be in the form of running some noise through the system and change the noise and make determinations if the system is effective. He said the communication asked if the city would cooperate with them. He asked the members �f the Council if they thought there would be any problems in the proposed action and noted thai the tests would on7y last a few aay5. Councilman Fitzpatriek 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 would not be blasting, it would be running cars through the area. Counciiman Breider said he did not think it would be.appropriate if the tests would be run 24 hours. Councilwoman Kukowski said this wou]d 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. Councilman Starwalt said the people of the area should be al.erted to the tests. Mayor Nee said the Department of Transportation would take care of the notifying of the people of the area. MOTION by Councilman Breider io write to the Secretary of the Department of Transportation indicating that the City would cooperate and that they should advise the City on the effectiveness on completion of the tests. Seconded by Councilwoman Ku4:owski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. TRI-CO BUILDERS> INC.: REQUEST FOR REDUCTION OF SPECIAL ASSESSMENTS: AND RESOLUTION N0. 69-1975 - DELETING ONE RUTLDING SITE CHARGE ON LOTS 33, 34, 35, AND 36, $LOCK A, RIVER VIEW NEIGHTS ADDITION: 7he 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 matter out of court. 7he City Manager said this was the property in the action by Yesnes, Inc. and Tri-Co Inc. are the 6uilders. He referred to the previous situation and said there was a confl�ct concerning building on 50 foot lots 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. MOTTON by Coun�ilman Breider to adopt Resolution No. 69-1975, deleting one building site charge on Lots 33, 34, 35 and 36 Biock A, River View Heights Addition. Seconded by Counciiwoman Kukowski. Upon a voice vote, all voting aye, P4ayor Nee deciared the , motion carried unanimously. REQUEST FOR INFORMATION QY COUNCILMAPI STARWA�T FOR ALLEVIATIQN OF PROBLEM OF FIRE CALLS TO HOSPITAL DUE TO SMOY.E DETECTOR ALARP1S: Councilman Starwalt referred to the Fire Call report and said there are calTs due to the faulty smoke detector alann at the hospital. He questioned if there would be some possibility of getting the alarms in order to eliminate this City expense. 7he City Manager said the Administration would prepare a report to 'the Council on this. .. lw2 REGULAR COU�CIL MEETIN� OF APRIL 21, 1975 i: � � i. 1 #. �: � PAGE U z � MOSION by Councilman Starwalt j,;o direct the Administration to prepare a report on the reason for ihe alarms and submit possible solutions. Seconded hyCouncilvron?an Kukawski. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unan�mously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilv�oman 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 10:08 P.M. Pat Ranstrom Secretary to the City Council Date Adopted '� 0 William J. Nee Mayor 0 0 1 1 1 ' J une 1,6, 7,975 Mr• W-illiam J. Nee, Mayor City of Fr-idley 6437, Univers-ity Avenue NE Fridley, f�N 55432 � /�. �G17 � � .....�+"'� t Subject� North Innsbruck Home OWners Complaint Reference� Attached June ],2, 1,975, Subject Petition to J • H.. Lagen�Feld• n D�ar Mr. Nee� The purpose of this letter �s to subm�t to you the attached C 0J3'1 p 1 c3. '1 t o Originally, it was our -intent to have f1r• Lagenfeld submit the attached complaint to the Fridley City Council meeting tonight, June 1,6. Unfortunately, during the past Week Mr. Langenfeld�s term as the Chairman of F'r-idley�s Environmental Quality Commission has expired. . Prior to initiating the �ttached pet-ition, a number of indivi- dual homeowner complaints had been made to var�ous city hall employees, �including having the matter discussed at the June 9th Envzro�mental Quality Commiss�on meeting• The intent Was to have the def-ined problem resolved at the lowest respon- s-ible level. , Due to apparen�t passive response to our individual complaints� uncertazn-ity among various c-ity emplayees over the interpreta- tion of applicable city codes; corafusion over who has the au- thority and responsibility to enforce these codes� and the level of concern among the homeown�rs effected by this con- tinuing codition, �e respectfully request a decision and timely resolution of this matter by th� Fridley City Courc�l at the earliest poss-ible date. , Your Very Truly, . '�---L_ R. �. Rumpsa Attachment � ' ' June 12, 1,975 Mr• James H. Langen�F�ld, Chairman ' Fridley Environmental Qu�lity Commission 79 NE 63 1,/2 Way Fridley, h1N 55432 ' � , ,� ' 1 IJ 1 ' , ' ' � � L _J ' Subject� North Innsbruck Home O�rners Complaint Reference� Pollution of Vacant Lats Dear Mr- Langenfeld� The purpose of this letter is twofold� ],• To officially object to the growing practice among some area builders and their sub-contractors {Build- � ing uaithin Ncarth Tnns�bruck�s residential area bounded by north, eas-t and south Danub� Streets, and Matter- horn Drive} who are openly and routinely dumping en- tire fallen trees, tree root structures, asphalt mix, sections o-F concrete streets, and mi�cellaneous build- ing refuse in many of the vacant lots existzng in this area; and 2. To enlist the full cooperation of the Env-ironmental Quality Commission to ot�ta�in a prompt Fridley City Council resolution to immediately and permanently sto� th-is �anton and zrresponsible practice, which is -in direct violation of Fridley City �odes 109.05 � and 7�1,3.011„ and to establish an early deadline for each bu-ilder holding an option to build on such de- based lots and/or View-Con, solely at non-tax payer expense, to: a. Remove all fallen trees and/or segments there of which presen�tly exists on any vacant �ot in the above defined area {reference paragraph 1}� and b. Remove or cover over all man deposited building materials foreign to tt�e area thus restoring the natural beauty to our immediate residential en- vironment. We the undersigned respectfully rec�uest th�t this matter be includ�d in the Czty Council fleeting agenda scheduled for Monday, June 1,6, 1975, and to provide us with your written �Feedback on this issue by June 20, I,975• Respectfully submitted, a .e I ' . ' , ' ' ' ' ' ' ' ' 1 � ' ' �Mr. James H. Langenfeld Page 2 June :L2, ;,975 RESIDENT NA�1E c, y . �.'�g�,��{��� � C`�C-�,-��-�GJ � �,�1. . u� �, c�,� . 2 . ��� �. � 3 • ��:.,�-.-t.�� � + �'�1-u'd�i`r_`i�l{ Y / ♦ ^l i / ('r' I 4 • !' o 'u - �'- �- � � - � -, �� �' ., 'Jr • ��ZC� 6.�''(. ' � �� r 6 ,J�"- '� � . :-ti,_.....n.,i � . � 'r 7 • -�?7 ,�,t�'�.�. � , ,��.f-� , �"`�j 8. � l � /. ,�,/�',�'����:. , 9 - �'��.-�.:n, �.�.`,�-.r��-�-�. �-, �--"/ �r�� 10• ,i����c.����._�'(�`c�-1..�' � � 11 • r �'�L.0 /� jC�it- ], 2 . ��'��'�c. ��'. `'��i,�- 13 • ��� '.' v ---7 . %�� 14 • i`_�,., c�,, L.w-c-�- C' 15. � � �� � �� � ; r—, � % � 6 . , � r���=� �Y = �-�� 1� , �.�� -�;�,�1 18 . � t�.r` '.z�ce % � �c' ],9. � ";� ° �uc� �' �•,;� l2.? �.11 � 4 i<..% C.��!�j t c� �� �� ��% 21 •�j,�Q.�-���"h-- C� L� . � ,..i„J�' � ' . �a. !� -,,,a--� � � . C�' . ��,����:��- .�� � �i��, ADDRESS ��-1 � . ���c� �� .�1171,�.. Si, :3 o tt) S�-�� `'� C.t.�-c, �'�. � �'� ' - " ' ^ /` Ci'�-t.'�, � 'i �, ,?� S/E G SC% .� Cj �� �•'�—R.�e.�L'�- J� ':fir ��-���7G.x-Cl.�-//(� f �/�} /'� ✓ � � � U � C7V�-�`�`" `-'vC�+'..r, �/ .�� . � ��r� � � ��� >> ..: -� �'G' s�''�. Z�:::��t :�-L � �'2 . � j'''`���� i � /� �I �-�. � �..�C� :_--��:� .� . � � /-� �� � �� ���-�'�' ���� - �.� � � ����U ��- ,�'�? ����`�1 C; • ���;v��� F- C'-�<<� . � � �- � 5'.� r . ,�..C��.����'_.�..� � �.. /�� S' /✓. d.�u � � � � /c'�� / s/�v s y`"/. G�a�-t'<.e_ ��-�' 3-��-d,5 C.� . !?�-�.�:�� .�.� 5 6 � D /`'La-� �j��,1u?�--- � �c�d "� �. ��? ��..��, �' � �� �� �-- :�,� ��=-�,' 1� �, � /l�. �i�-a �� 1 �' � j ._ z�.a ��cc-C� �r � , ����� ���.�..�.����.�. � 'U,�. �� � .� / �79 f/ �C.1/�--�'- �. -, / '�� `� j � �,t;2%��� ��,�ji � c�Ci-� 7t�'<�-' �7 �-�3 N�.' ���-�=-i� �-�' d e �� �I�� �a����dC� ���1 /��-. In�s6R � ����/� �, . � � � n� � �� � �� ��.�� ��. .� ���. �� ' PLEASE RESP4N33 T0: R. G. Rumpsa 148Z North Innsbruck Dr-�ve , Fridley, MN 554�2 i' � Attachment� �'ridley'City Codes 3,�9•DS and 113•011 � ' . ' � �� ' �r 109. AIR QUAUYY I�ND SOUD WASTES 109.01. Filt QuaUty Slandards 1Ainnesota 5latutes. SecUan 471 .62, and A�r Poliution Control Rer�ufat�ons and Ambient Air Ouality Standards i-15, inclu,rve, ot the Mlnnesota Pollution Conuoi A.gency as adoPted pursuant to Minnesota Statules 1967, Sec►ion 116.07, as fiied with the Gommissioner of Adm+nistration ot tne State of hlinner:ota on J�ly 7, 1969 are hereby ad�ptEd by reference and shall b� in fuJ! ;orce and e(fect in the City ot Fridley as it set out here in full. (Ref. 458►. 1p9.02. Permlts Requirod Any person making application ta the C+ty for a burning permit as provided in the Regutat;ons p�ovitled in 109.01 shall obtaln appr�val Irom the N9irinesota Poitution Control Agency pnar io making apGliCalion and shail then obtain ihe a�,proval ot the Fire Uepartment and pay a fee. The annua! permit fee and expiration date shall be as provided in Chapter t 1of this Co:9e. Appiicalion forms shalf be provided by the City Manager requesting any i�formation hE deems necessary. 109.03. Prohibition ' No person shall r,ause, suf(er, p�rmit, or aUow the buming o4 retusc:, I���er, grain, 9rass, growing crop, weeds, standing timber, buitdlings, or any cornbustible material. � ' ' 33.04. Aux(liary Burner Where necessary to meet the emission requirements of the regulations, ihe Ciiy shall requirs the installation of auxiliary combustion tacilrties in incinerators. ___-------- �` , 109.05. Refuse Disposal_� . No uerson.shall d�spose ot reluse, as delined in SecUOn 113.011 vt the City Code upon any lands +n the City except on an ap{,roved Ianatill s�te. An appruved fandlill slte �s a sne tor disposal af refuse approved by the City, licensed by Aroka County in accordance with the provisions ot Minnesota States 473D.01-4�3D.07 and operaied or conducied in accorda�ce with It�e ;ules and regulati�ns of ihe Pollution Control Agency as adopted in accordance with Minnesota Siatules, Secfion 116 as amended. 109.06. Storago of Refuse � AIt refuse shatl be stored in co�tainers and all containers shall be kept tightly covered when refuse is siored therein. 109.07. Publlc Nuisance Any violation of this chapter si�a(I be deemed a pubtic nuisance and shall be subject to at�atement as provided In Chapter 110 of this Code. . 109.08. Penaltles Any violatic�n of thls chaptei Is a misdemeanor and sub�ect tc all penalUes provided tor svch violations unde� tho provlslons cf Chaptor 901 0? ttie Fridley City Code. Each day that a viofation continues to exist shaN constitute e separate vlolation. Such penalhes may be imposed in addition to revocation or suspension of pbrmlt ard ln eddltlon to abatoment ot a nuisance. I• ,os.oa Air QuAtity &t:tndarOs Permits ReQuired Protiibiiion A�uxiliary Burner Refuse t�isposal Storage OS Reluse PubliC Nuisante Penalties � v 1i3. WJASTE i�ISPOSAI 113.01.- Qelinitions The foliaw�ng defin�t�ons ,hall apply �n the �nterpretaf�on and entoreement ot ihis chantPr anrf �he bllowing words and terms wherever they occur ir. this chaG;ler are defined as ioliows: (Ret. 81 8 335) 113.011JReluse means al� solid waste producis or those having the character of solids rathe� than liqu�ds; in __�- that tt�ey wiU nol fiow rE:etlily wiiriout aUd�twnai IiqwU en0 wn�c.n aic w�t�F»se0 whvlly or parlty o! suCh materials as garbage, swlll, sweepings, cleaninys, trash, rubbish, IitCer, industriat sotid wastes or domestic solid wastes, organic wastes ar residue of animals sold as m2at, iruit or o{her vec�etabte or animal mat;er from kitchen, din�ng room, market, t�od esiablishment ot any piaces dcaliny in or handiing meai, towt, grain, or vegetables; ofial, animal excreta, or the carcass or animals; iree or shrub trimmings; gras� cfippings, brick, plaster or olher waste matier resulting from the demoiiUon, alteration or construction of buildings or structure: acc�ltn��laled wasle materials, cans, contalners, tires, junk, vr other such substance which may become a f1U+58nCP. � � � 113.012. Garbage incli:c�es every accur�u�ation of animal, vec�etable cr other mattet that attends the Nrepa�etron, consurnptiun, d�sptay, deal�ny in or slorage oi meat, t�sh, towi, biras, truit oi vegetaaies, incluo�ng the cans, containers or wrappers wasted along wHh suCh matenals. 1t3.013. Swill ircFudes that particuiar garbage which is wholly or nearly edib�e and usable as a food and has l000 valuc lor anima;s o� towi, accurnulaUny irorT� dn�mai, vegitaule or ott�er rnatter was�ed irom Clubs, holels, �osp�tals, restauranls and publiC eaUng places. 113.014. Rubbish includes wood, leaves, trimmings trom shrubs, dead trees or branches thereof, shavings, bowU�,sl, exGe�Siui. w�uUe�� �naie, ����nle� niali�i, (,aG�ei, Ua�et �08cU, �a51@ UO2fQ, 9fdSS, rags, StfdW, bUU15. snoes, hats and ali other combush�les not Included under the term garbage. 113.015. Waste matter ;nciudes waste matter composed of soil, earih, sand, clay, gravel, ioam, sto�e, Drick, piaster, �rocKery, yiasa, gia5�were, ashea, cinUer:,, sneiis, metd� ar;u ai� utnei nUncUrnGU5UU18 ���aleiidi wn�Ch has been or is to be discarded. -• ti3:02. Re(use Containers Required The occupant ol any pnvate dweiliny. thc keeper or manager of any hvtel, rr}otel, �estauranl, eating house. or board�rig house or any bullding where meais are served, the owner of any tlat or aparlment house, irailer camp Or auto cuurt, and any other person havin�� refuse as herein defined, shali providc� and keep on SuCh premises sufl�c�ent contamers tor the storage ot all refuse accumulaied on the pren�lses between coilections. Each such conta�ne� shali be waier tiyht. shati rrave a Uyht titt+ng lid, shali be irnpervious to mseCis, rodents, vermin and ab5orlpion of mc�islure, Shall be tire prool and shall nt�l exceed 30 qaUons in si�e unies:� approved by fhe Health Aulhv��ty ol Ihe C�ty uf Fridley However, noth�nq herein shatl be deemeU to require the storage in containers af any refuse wh�ch is immedlalely consumed or disposed ot on the prarnises fn a muttiple chamber gas li�e incinerator ot a tyF;e appioved by ihe Hedlth A�zthonty Uf ihe City ol Fridley. 113.03. Storaye Containers AU refuse on ar�y �ireruise shal! be stored m the containers requ+red by Section 113.0? hereot, except as the same may Ue cu���u�i�ec� ui u�,l,u:.ed ot on 5u�h uren�i5es aa penn�fti�U L�� sa�� sec.tw��. 113.04. Placing oE Containers ' The corat���neis sh��ll be plaCed in the rear o1 the prem�ses, or may br ��Iaced in the s�de yard set back il screened so as io be out c>f view hom the strcc�t and from a���ining propf�rties or m a yarage located on the premises In no even� sha�l t:ontainers be p�aced next to the streeS or curb or be placed or ma�ntained in suCh a way as to ' unreasurTa�ly inlertere w�th 1hE; use of ad�oining property. Containers kept outside shall be placed in suCh a manner as not .to permit entry ot or hart>o�age for animals, �nsects or other vermin � 1t3.04 Definifions Reluse Containe�s Requi�ed Storage Conl,�iners Placing OI Containcrs � � c�i7 ,�::�I,�fI' � � / �� � � ,,y f �f;�.�:�' '�� ' �' -' '������.��'��� -� o TO 41H0,"� IT t�IAY CONCER�4: L7 e; M O . � �' RICE CREEK 4�lATERSNED h1ANRGEfi�1ENT PLAN NEARI�JG N C�A ' N 7here will be a Public Hearing before the Fridley City Counci7 � on June 1�, 1975 at 7:30 P.iY1. at the Fridley Civic Center at 6431 � University Avenue Northeas-� in the Councii Chamb�r for consideration � of the "Overall P1 an for L�a�er hlanagem�nt of the Ri ce Creek l�atershsd � District". w � z Th� plan is an attempt �o: � � 1�. Identify significant surface and ground water problems. J 0 2. Define op�ortunities for improved utilization of �vater � and.associated lana resources. � w � . � 3. Outlin� a remedial, preventive a�d cons�ructive program W t�r achzeving �°easo�ab1e pr�gress zn the fcreseeabie z future. f-- ' . o For more infarmatian, pi�ase feel -Free t� contact the Pub7ic z Works Deparfiment, Ci�y of Fridley, at 571-3450. w � � w > d . �- , F-- � a w > . � � r M V � . 9 a W �, Z LU C� U > ' U � 0 � 1 �. , '„ ' . . � � , ' � ' � ' � ' ' , ' ' � � i ' ' Minnesota �dater Resources Board 555 Wa��asha Street Poom 206 St. Paul, rlinnesota 55102 BEFORE THE MINNESOTA WATER RESOLIRCES BOARD In the rSatter of Prescribing an Overall P1an for the Rice Creek Watershed District. NOTICE OF HEARING June 21, 1975 The duly qualified managers of the Rice Creek Watershed District, Arden HiI1s, Minnesota, 55112, having�adopted an Overal.l Plan for their Watershed District, and filed it with the Minnesota Water Resources Buard, pursuant to Niinn2sota St�tutes 1974, Chapt�r 112, Sectian II2.46; Ar.d a copy of said Overall Plan hav?ng been trans- mitted by the Boa�rd of Managers of the Ri.ce Creek Watershed District to the County Aud.itors of Anoka, Hennepin, Ramsey and Washington Counties; to the governing bodies o� the Anoka, Hennepin, Ramsey and Washington Soil and Water Conservation Districtsy to the governing bodies of the Cities of Centerville, Circle Pines, Columbia Heights, Fridley, Ham Lake, Lexington, and Lino Lak�s, and the To�,mship of Columbus in Anoka County; the Cities of Blaine and Spring Lake Park in the Counties of Anolca and Ramsey; the City of Mi.nneapolis in Hennepin Couni�y; the City of St. Anthony in He?znepin and Ramsey Counties; the Cities of Arden Hills, Falcon Heights, Lauderdale, Mounds View, N`w Brigh�.on, Shoreview and Roseville, and the Township of White Bear in Ramsey � ".:�i �r County; the Cities of Bi�chwood, Dellwood, Forest Lake, Hudo, Mahto*nedi, and Willernie and the Townships of Forest Lake, Grant, May and New Scandia in Washington County; and the City of White Bear Lake in Ramsey and Washington Coun�ies; to the DirecLOr of the Division of Waters, Soils and Minerals, Department oi Natural Resources; and the Commissioner of the Depar�ment of Natural'Resources; NOt1, THEREFORE, NOTICE IS HEREBY GIVEN, that the Minnesota �yater Resources Board will meet on the 21st day of June 1975, at 10:00 AoM., Central Dayli�ht Timz, in the Cafeteri_a of the Centerville EZementary School, Hugo, Minnesota, 55038, (mailing address) which school. is located in the City.of Centerville, on County State Aid Highway No. 14 in Anoka County, for the purpose of receiving testimony rela�ive to the contents of said Overal� Plan, as authorized by Minnesota Statutes I974, Section 112.46. A copy of the Rice Creek Watershed District Overall Plan, as adopted, is on file with the County Auditors of Anoka, Hennepin, Ramsey and Washington Counties. Anyone affected or interested in this proceeding may examine the Overall Plan at the above County Auditors' offices or at the office of the Minnesota ti�ate-r R�sources Board. NOTICE IS FURTI�ER GIVEN, that all persons affected by this proceeding or interested therei�.z may appear and be heard at the time and place specified. -2- ' , 0 Dated at Saint Paul, Minnesota, this 27th day of May 19750 MINNESOTA WATEA RESOURCES BOAF3D `.. �.�i. '�, i� ��, J'�-�/"✓ ' �/��✓ t Richard G. Canning Chairman -3- 1C d _.. ' � ��� � �� ��� ���������� ` R r �i C.�',��'t' <' s` � �� � ,€� ��° „�' .r�:� ��rd � w ' � T0: SUBJECT: ' � ' ' � � � l � � � C1 � � 0 � � M O Cf) LE7 N � N M � � � a � 0 � W z z � W J 0 � � . � � a w 2 � � 0 z W � z w > Q � � � � W > z � M d' CD . � w � z w U � > U Ai� OPEN LETTER Fridley Citizens on Locke Lake and Rice Creek Rice Creek Watershed Management Plan Hearings Fridley City Council - June 16, 1975 State Water Resources Board - June 21, 1975 lD - June 10, 1975 The Kice Creek Watershed District has now developed' a management plan for the control of water flows and associated erosion and siltation in Rice Creek. This propase� Watershed Management Plan is of vital interest to many Fridley citizens because it must provide the structure for positive public action.with reference to Rice Creek and Locke Lake. If the "Plan" is appropriate and ade- quate, it wi11 eventually remedy the problems vre are having. If it does not propose adequate action by the Watershed District, we will continue to suffer and the creek and lake will continue to be damaged. The Offic�ial Public Hearing�on the UJatershed Management Plan will be conducted by the State Water Resources Qoard, the body t�rhich has a�proving authority. That Public Nearirg is The Pub1ic Hearing: It will be held at 10 AM on Saturday, June 21, 1975, �n the Centerville Elementary School on Anoka County Highway tt14 in Centerville. A copy of the proposed "Plan" is on file with the Anoka County Auditor for your inspection, and with the CitS� of Fridley. Since the "Plan" is so complex, so difficult to evaluate and of suck� vital concern to Fridley residents,�the Fridley City Council�has agreed to sponsor an unofficial public hearing to explain the plar�...at its r�gular Council Meeting of June 16th. At that time, the City staff will explain the Watershed District`s proposal, and we hope to have one or more representatives of the Watershed District present to clarify any questions you may have. The Council wil� want to hear all citizen reaction and conu��ent on the proposal to aid us in preparing the City's testimony to the Water Resources 6oard at their official hearing. I want to stress that the k� hearing is that held by the Water Resources Board on June 21, Every concerned citizen is encouraged to attend that meeting. This is the body which has the necessary authority to take public action and ihis is the point in time when it is imperative that you make your views known. The City's hearing is at the Fr•idley City Nall, 7:30 P.M., June 16, 1975. The OFFICIAL public hearing is in Centerville on Saturday, June 21, 1975. I hope you will attend one or both. Sincerely, C�� William J. Nee Mayor ' WJN/r�s , Enclosures: Public }iearing Notices , r � ' RL1'O1ZT SU�1��il1RIZZNG OVI:RI'�LI. PI,11N I�OR tiV1�Tk:R T1AN�GI:TiL'NT 1�Olt RICE 'C1Z1iLI� �V11'i'LIZSILI:ll DIS'1'1:ICI' The City of I'ri_dley Public LVurks Departrnent has received an 1 ovcrall. plan for iaat:cr mana�;cment for Rice Crcek Waterslied Distri ct. 'I'he docun�ent is quite J.engthy, thereloxe in order that proper afficials are able to revi.ew the pertinent ' informa�Lio11 i.n the plan as i.t affects �'ridley, a summary of the document L-ollo�as. It was �he intent of t}ie }3oard of Managers, throug}Z tlie plan, � "to (1) iclenti�y siGlLificant surface azid grou�dl�rater problcros, (2.) define opportunities for improved utilizati.on of watex. and associated land resources, and (3) outline a remec?ia�, ' preventi�Te and canstxuctive progra.m for achieving reasonab_l.e progxess in the foreseeable �uture". � jl � � ' ' ' The introductiori to the plan des.cribes tlie stat.utory authoxit}' of tlie District, District location and general description, the various �over.nmental units included in the District and the jVatershed District policies. Initiall}�, the overall plan describes the natuxe and charac- ter of t}ie �ti'aterslied �ahic�i consists of the fol�oi�ring: Climate Topography and Drainage Soils Geology . Surface tVater Resources; Flood 1'lain � Gound�vater Resources Vegetation and �Vildlife Lakes and ti�etlands lE ■ This information basically indicatcs the existing characteristics � of tl�e 1Vatershed and at this poYnt does not make any attempt ' to describe any particular problems or solutions to the pxo- blems. ' � � �� � The next area of the plan invol.ves the historical backgxoulld lea�iinb �o the existin� development patterns, together with po��ulation distribution in the �ti'atershed. Curxent ancl pro- jected land uses are noted with some comments xelating to the use of t}ic tiVaters}icd District lor »iunicipal water supply systems. The (JClrC10�)]liCIlt pattcrn rcvietJ also descrihes s�initary set��cr 1I1C1 Sf".OI'lil SC�JCT' ,CICVC101)]11CI1tS Wlt}llIl the �Uater- shecl. All dcvelopmeilt patterns notcd are t}�osc no�v existing in� the llistrict. �� � � LJ ' � , .� Repor� R.C.tiV.U. Ovcrall Plan Pa� e 2 Mov�.ng further into the plan, the are�•s of watcr c�tiality and quantity a�e discussecl. � " Ai'ter tlzis ini�ial indication of the existing character ai�d deve].opmcnt of the ll:istri.ct, the plan rnoves ta cxisting water and tivater related ��roUlems. �'xoblems specifically me��tioiied in the plaii consist.cd of thc fo1lo�Jin�;: F1ood Contral Draiizage � SurL-ace and Grouiidwater Quality Impac�C of Increased I,and Developmei�t Conservation and Provident Use of tiVater Resources A�ter discussing the water and water related problems a review o� land ancl water management palicies and regulations are discussed as they would relate '.:o the poi�ers aild respc,:.- sibilities of the Rice Creek �4'a.tershed District. Existing laws, institution.al policies and juxisdictiorial areas noting deficiencies and areas naeding improvements are dis- cussed. � The next �.rea of the plan involves established by the Distric�. These , objectives are noted in Attachment ' ' � � � � recommended pol3cy to be overall policies and I� The final area ol the plan ZJhich most a£fects Frzdley is the Chaptex entit�ed: "Kecommended Projects". Ii is proposed through the p�an to make impro�,rements in the areas of: F1ood P1.ain Delineation ` Hydrol.ogic Da�ta Program 1Vater Quality Tionitorin� Prooram _ �Groundwater TSOIII�OI1Tla Program Lake Level I�iai.li�enance Delineation of. Groundwater Recharge Areas Stream Stahilization Developmelit o£ Elydrolo�ic T1ode1 . Projectioiis of t�later Su��ply/llemand Baseline Inventory of lyildlife Resour�ces Goordinati.on laith Open Spr�ce, Paxk, Recrea�iona]_ and Other Deve�lopment Pla�iiiing Gxound iVater Allocation - �Vhite Bear Lake Area � � �Vitl�in t}�ese .proposed improvement projects, the improvement w}iicli most affects Fridley is "CI1a1111e1 Improvements" and is noted on Attaclament 13. � � � lF Report, R.E.1'J.D.Ovcrall Plan . � �� ��. . 1G Pa�;e 3 I� apperirs in the plan tliat the Waterslicd l�istrict has made particular note of problems witliin the lower reac}�es of Rice Cxeek as it flotias tllrouh}I Fricllcy and, as i�otec]. 011_ llttaclimeilt B, � hi�;h pr:iority }ias been assi�;ned to t}iis improvement projcct. Adm:i.ni_strative revie�a }ias noted that certain problems Fxidley has liad in previous years }iave been. mellLio��ed in tlle plan to�ethex wiih improvcment pxoje�ts Lor their el�_m�nation. Theref.ore, it is rcconunendecl that: conccpt.ual a��proval of the overall pl.an tie given wa.th par.ticular emphasis io the T3o�.rd of Alanagers that they in_itiate the xecommended projects � which would solve tl�e problems existing 1J1t�1 Ri.ce Creek in Hridley. It is furtlier xecom�nended tlzat the =undillg and assessments of the proj ect be done through the j4'atexshed Di.stxict throu�h. the aut}iority provided by Minnesota StatutE�s Chapter 112. RNS/jm April 24, 1975 _ 0 � LI ORDIN/�NCE N0. ' AN ORDINANCE ESTAQLISHING CHAPTER 113, REFUSE DISPOSAL, AMENDIfJG CHAPTER 11, LICE�dSES AND PERI�ITS; AND REPEALTNG PRIOR CHAf'TER 113 (WAS1�E DISPOSAL) � I_� � THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 113.O1.Definitions The following definitions shall apply in the interpretation and enforcernent of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows: ' 1. Approved sha1T mean accepted by determination as to compliance with practices and standards. the City following its established public health I 2. Commercial establishment shall mean any premises where a commercial or industrial enterprise of any kind is carried on and shall include clubs, churches and establishments af non- , profit arganizations where food is prepared or served or goods are sold. ' ' �� � ' u ' ' � , � 3. Garbag� includes every accumulation of animal, vegetable or other matter that attends the preparation, consumption, display, dea;ing in or storage af ineat, fish, fowl, birds, fruit and vegetables, including the cans, containers or wrappers wasted along with such materials. 4. Person is any person, firm, partnership, association, carporation, com��.ny or organization of any kind. 5. Private Garbage and Refuse Col1ector5 shall mean any person who shall offer to, or engage in the collection of garbage ar refuse from any house, apartment, public or pri- vate institution, or com�nercial establishment within the City of Fridley. 6. Rei'use means all solid waste products or those having the character of solids rather than liquids; in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, 17tter, industrial solid wastes or domestic so7id tvastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining room, market, food es�ablishment of any places dealing in or handling meat, fow1, grain, or vegetables; offal, ani�nal excreta, or th� carcass of animals; tree or shrub triti�mings, grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structure; accumulated waste materials, cans, containers, tires, junk, or other such substance which may become a nuisance. 2 DEFINITIONS � � Ordinance No. _ Refuse Disposal ' � :�:�'! 7. Rubbish includes wood, 1eaves, trimmings from shrubs•, dead �rees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper board, paste board, grass, rags, straw, baots, shoes, hats and all other combustibles not included under the term garbage. 8. Swill includes that particular garbage which is wholly or , nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs hotels hospita1s, restaurants and � � ' LJ ' 1 ' � , � ' � , ' � � public eating places. 9. Waste Matter includes was�e matter composed of soil, earth, sand, clay, gravel, loam, stone, brick, plas�er, crockery, glass, glass���are, ashes, cinders, shel1s, metal and all other noncombustibie material which has been or is to be discarded. 1I3.02 Refuse Containers Required The occupant of any private dwelling, the keeper or manager of any hotel, motel, restaurant, eating house, or boarding house or any buildi'ng where meals are served, the owner of any flat or apartment house, trailer camp.or auto court, and any other person having refuse as herein defined, shall provide an� keep on such premises sufficient containers for.the storage of all refuse accumulated an the premises between collections. Each such container shall be durable, water tight, sha11 have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of n�oisture, shall be firepraof; such as qalvanized metal containers and shall not exceed-�9- 32 gallons in size unless approved by the City of Fridley. However, nothing herein shall be deemed to require the storage in containers of any refuse which is immediately consumed or disposed of on the premises in a multiple chamber gas fire incineratar of a type approved by the City of Fridley. 113.03 Commercial Containers A11 commercial, business, industrial, or other such estab- lishments having a refuse volume in excess of one cubic yard per week, and all four family and larger dwellings, sha11 pro- vide approved bulk or box type refuse storage containers or approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. 113.04 Yard Waste Containers Grass clippings, leaves, and other similar refuse may be placed in bags or bundles not exceeding three (3) feet in any dimension and not exceeding 60 pounds in weight and securely fastened to avoid spillage. Household appliances and furniture falling within the definition of refuse need not be so packaged. 2A REFUSE CONTAINERS REQUIRED COMMERCIAL CONTAINERS YARD WASTE CONTAINERS , , Ordinance No. Refuse Disposa 113.05 Other Containers , � All other refuse on required by Seci;ion may be consumed or said sections. � 113.06 i2efuse Disposal �� any premises shall be stored in the containers 113.02 and 113.03 hereof, except as the same disposed of on �such premises as permitted by ' fdo person shall dispose of refuse, as defined in Section 113.01.6 of the Fridley City Code upon any lands in the City of Fridley exce�t on an approved landfill site. An approved landfill site is a site for disposal of refuse approved by the City, ��Ee��e� , �y-A�el�a-6eap�,�;-�p-aeee�da�ee-ev��b-�be-��e��s�e�s-e�-P9���ese�a- ��a�a�es-4�3�-8�-4��8.-9� and operated or conducted in accordance with tne rules and regulatians of the Pollution Control Agency � as adopted Zn accordance with P�linnesota Statues, Section 116 as amended. , ' �� ' r � ' ' ' � ' ' 113.07 Refuse Collection The contents of the containers shall be collected at least once every week,, or more frequently if necessary, by a c�llector licensed hereunder. He shall transfer the contents of the containers to his vehicle without spilling them, or if any spilling occurs, he shall clean it up completely. Upon such collection, the con- tainers sha11 be completely emptied and the 1ids of �he cantainers shall be replaced. 113.08 Placing of Containers A��-ee��a}�e�s-sba��-�e-��aeed-��-�be-�ea�-a�'-��e-���e���es;- ew-�a,�-�e-��aeed-��-�be-s��e-�a��-se��ael�-��-se�ee�e�-se-a�-�e-- �e-e��-e�-�d�eaa-��e�-��e-s��ee�-���-€�e�-a�3e��}��-��e�e�=�}es-e�= ��-a-�a�age-�e�a�e�-e�-�be-��er��ses;-e�ee��-as-r�a,�-�e-�ease�a��e- a��-�r�r�e�}a�e�,�--�eees�at�,�-�8�-ee��eE��e� : --�r�-�e-e�e��-�ba}} ee��a}�e��-e�-�a��a�e-�e-��aee�-��-��e-�e�aa�red-��e��-�+a��-e�=- a��-ee��a��e�-�e-��aEe�-e�-t�at��a��e�-��-s�e�-a-wa�-as-�e-��-- wease�a��y-���ew�e�e-�d��b-�be-�se-e�-a��e�p���-��e�e���+---6ep- �a��ews-I�e��-ea�s�de-s�a��-�e-��aee�-��-st�ei�-a-�a��e�-a5-�a�-�e �e�=���-e���y-e�-e�-ba��e�a�e-��a►�-a���a�s;-}�see�s-8�-e��e�=- aew���---We-�e�bse-sba��-be-a��ewe�-}�-�be-#'�e��-�a��-�e�-r�s�e- �ba�-�we���+-�ea�=-be��s . Except for purposes of collection, all refuse must be placed in the rear of the premises, or it mav be placed in the side yard �setback if screened so as to be out of view from the street or in a qarage located on the premises. The following special conditions may be used to make refuse col- �lection more convenient: 1. Refuse, except that which is stored in a container as defined in Section 113.02 and 113.03 of this ordinance, may be placed i OTHER CONTAINERS REFUSE DISPOSAL REFUSE COLLECTION PLACING OF CONTAINERS PLACING OF CONTAINERS , � , � � � � ' � ' �J � t�rdinance No. Refuse Disposal - 4- adjacent to the curb or elsewhere on the person's property. 2. Refuse stored in containers as mentioned above lp aced inu»ediatel adjacent to the froni of the d��� but no further than three 3 feet from the buildin be inq unit Exce t for convenience of collection no containers or refuse will be allowed in the front yard for more than twenty-four (24 hours. ^ 113.09 Defective Containers Whenever a container is in poor repair, is corrod�d or otherwise defective so as ta permit insects, vermin or rodents to enter, or does not meet any other requirements of this Chapter, the collec�tor �h� 1 natify the 6���-e�-�+����e�-��-w������-e�-�e�s ���=��sbe�-�,�-�he-6���:--��e-�e��eE�e�-sba��-�a����c-a-Eep�-e�'- �a��_Re����_�o_�be_������.���;. owner personaliy or by affixing a copy oi� a nQtice to the container. The notice shall state the deficiency and shall require repair or replacement rp ior to the next collection. ��e�-��e-�e�€�-EO��e���e� If the deficiency has not been corrected, the collectar shall notify the City. The City shall t'hen inspect said cantainer and if found deficient, conde+nn ��e-sar�ie---��e-e���eE�e�-s�a��-�e� ee��ee�-��e-eQ�a����s-e�-a�,�-Ee��a��e�s-���#�e�-as-Ee��er��e�: same and ordei�.its removal. 113 10 Refuse Haulers Regulations 1. License Required: No conveying refuse from any cile, in the municipality under. Each such vehicle person sha11 enqage in hauling or pre�nises, ather than his own domi- unless he ho1ds a valid license here- so used must be licensed. ' 2. License Procedure: The provisions of the License and Permit Chapter, Chapter 11 of this Code, including the license see shall apply to all licenses required by this Cfiapter and to the holders ' of such licnese. The term of each license hereunder shall be from May 1 through April 30. ' ' � � ' 3. The application for license or renewal of l�cense shall can- tain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered, and full information where and 'now the material collected will be disposed of, and any other information the City of Fridley shall require. Applicants for 1icenses, after to pravide routine weekly collection and removal of refuse from residences shall pravide, as required under this Chapter, complete collection of all refuse which normally results from day to day use of this type of pro- perty except furnishings, appliances, building or construction wastes and similar bulky wastes for which individuals must make special arrang�ments. The City may require vehicle inspectian before processing the license application. �.. 2� DEFECTIVE CONTAINERS REFUSE HAULERS REGULATIONS I'� � Ordinance no. Refuse Dispos�� � � � ' ' � � ' ' LJ , ' , , ' , �'� 4. Applications for license hereunder shall be submitted io the City for review and recommendation. If the Council is satisfied that the public need, convenience, and good order will be served thereby, it may grant a license to any such applicant meeting the requirements of this Chapter. 5. License Classification: Applicants for licenses issued here- under shall be issued for the following classes of operation: Class I- Residential Refuse Collection Vehicle C1ass II- Commercial and Business Refuse Col1ection Vehicle C1ass III Residential and Commercial Refuse Collection Vehicle Class IV -Rubbish and Waste P�latter Coilection Vehicle Class V -Rendering Collection Uehicle 6. Insuran �: Applicants for licenses or renewals of licenses shall file with each application a copy of an insurance policy or policies and an endorsement, under which there is coverage as to each vehicle to be used for loss or damage to persons in the amount of $1Q0,000 for each person and $300,000 for each accident; and for luss or damage to property in the amount of $50,000. Every such policy shall provide that it shall not be cancelled or terminated far any reason without at least ten (10) days written notice thereaf first being given to the municipality. 7. Hours: No person engaged in hauling refuse or garbage for hire from residential areas within the City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. on any day. Furthermore, hauling from commercial, business, industri�al, or other such establishments shall.not unreasonably interfere or create a nuisance for adjacent residential areas. There shallbe no garbage or refuse pick-up from residential dwelling units on Sunday. 8. Inspection: Each vehicle for which a license is applied for or which is licensed snall be subject to inspection by the City of Fridley at the annual renewal date and at all reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley, �hall have the name of the licensee clearly printed on both sides. Said lettering shall be a� least three inches in heights and the color of the lettering and of the background shall be contrasting. 9. Vehicle License Decals: Each licensed vehicle shall have attached a decal to be issued by the City showing the current registration. The decal shall be affixed to the outside of that portion of the truck body used to hold garbage or refuse. Old, expired or otherwise invalid decalcomania shall be removed from the vehicle. 2D ' ' . , � Urdinance I�o. , Refuse �isposal � I � 10. Vehicle Specifications: The body of every vehicle licensed � hereunder shall be constructed entirely of inetal or the space in �' the vehicle in which refuse si;all .be kept shallbe completely ]ined with metal. All joints shall be effectively closed so that no � �dripping or leaking or drain off of water, liquids or any substance � can occur. The loading space shall be provided with a tight metal hood having an opening fitted with metal doors, or shall be pro- vided with a heavy tarpaulin or equivalent cover fitted with eyes, , grommets, tie ropes, or hooks so that the cover can be held sec- urely over the loaded refuse. Every vehicle used for collection or garbage or swill shall have a permanent metal cover. Every ' vehicle shall be equipped with the necessary hand tools for cleaning up spills. ' ' 11. Vehicle Maintenance: Every vehicle licensed hereunder shall be kept vaell painted, clean, and in good repair. Every such vehicle used for collecting garbage or swill shall be cleaned every week or oftener as necessary to prevent persistent odors and shall be cleaned before being used for any other purpose. 12. Vehicle Laading: Garbage, refuse, rubbish, or other waste ' matter sha�l be so loaded that none of such materials can jar loose and fall to the graund or street when the vehicle is in mation. Loose paper, trash, and similar materials shall be so , secured that they cannot be displaced by the wind or fall out of the vehic7e. Containers used to carry refuse in or on any vehicle shall comply with the requiremen�s of Sectiori 113..02 hereunder. � � ' � ' ' ' ' ' 13. Cancellation of Service: The collector shall cancel service to any premises ��rhen the only container or containers thereon have been condemned, and may cancel service ��hen the party chargeable for the collection service is two months (2) or more oVerdue in paying for such service. When any collector cancels service to any premises, written notice thereof shall be served upon or mailed to the occupant, manager, or owner of the premises and a copy of the notice shall be mailed to the City of Fridley. 14. Vehicle Storage and Parking: No person shall at any time park, or store, any refuse collection vehicle on any premises zoned for use as a single or multiple residence dwellinq, within one hundred feet of any aforementioned premises, or within two hundred feet of any food establishment, for purpose other than, or for periods inconsistent with, providing refuse collection at said premises. No person shall at any time park, or store any loaded or part•ially loaded refuse collection vehicle on any premises within the municipality, except for the purpose of and for periods consistent with providing refuse collection at that parcel of property. 2E � li ' �� , ' Urdinance ��o. Refuse Disposal 113.11 Abatement of Refuse Accumulation -7- Any accumulatian of refuse on any premises not stored in con- tainers which comply 4vith this Chapter, or any accumulation of refuse on any premises is hereby declared to be a nuisance ar�d shall be abated by arder of the City, as provided by f�innesota Statutes, Sections 145.22 and 145.23, and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said sections. 113.12 Litter Minnesota Statutes Section 609.68 are hEreby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 113.13 Penalties 2F ABATEMENT LITTER ' Any vialation of this Chapter is a misdemeanor and is subject PENALTIES to all penalties provided for such violaiions under the provisions of Chapter 9Q1 of this Code. � � � 113.14 _ Fees �_.� � , � The license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. 113.15 f�epeal FEES Chapter 113 of the Fridley City Code as it existed prior to the REPEAL adoption of this ordinance is hereby repealed. CH�IPTER 11, Licenses and Permits, Section 11.10 (Feesj is hereby amended as fol1ows: Refuse Hauler: �30 Company License and First Truck $15 Each Additional Truck ADOP7ED SY THE CI7Y CQUNCIL OF 7HE CITY OF FRIDLEY THIS 4� , 1975. - ATTEST: CITY CLERK - MARVIfd C. BRUiVSELL First Reading: May 5, 1975 Second Reading: Publish: , MAYOR - WILLIAM J. NEE DAY , ` A ` '. � � ' , ' i , �� 2. ' ' , � , ' . , ' � Page 2 The Mi.nute�> of the Board of A��cals Subcommittee Meetinq of May 13, 1975 Mz'. Crowder ask.ed if the construction had been discussed with the neigl�bor. Mr. MatLson said he had received a call fzom the neighbor and there was no ohjections as long as tYic garage was not going to go to the lot 1ine. Mr. Corbett added that the neighbor had also mentioned not distu.rbing the fence between the two properties. Chairman Drigans as}�ed Mr. Mattson if the City staff had any comments on this. Mr. Mattson said a firewall had been discussed for the east end of the garage since it will ne so close to the lot line. Mr. Corbett said he knew he had to install a fi�ewall between the living area and the garage but did not understand why he needed one on the east end of the garage. Mr. Crowder said that with the overhang on the garage and on the adjoining house, the structures would be getting pretty close together. Nir. Corbett said he had no objection to installing the firewall. Chairman Drigans sai_d this can be worked out with the administration when the building�permit is applied for. MOTION by Gabel, seconded by Crocader, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans said it seems to him that the hardship is the size of the garage and the proximity to the property l.ine. He said the garage width, 21.6 feet, is about the minimum for a double garage. MOTIGN by Gabel, seconded by Crowder, to recommend to the City Council, approval of the side yard variance from 5 feet to 3 feet. Upon a voice vote, there being no nays, the motion carried, A REQt7EST FOR VARIANCES OF THE P'RIDLEY CITY CODE AS FOLLO:aS: SECTIOiv' 7.05.103, 9� A2, TO REDliCE `?'IiP;' SETB>CK FOF: 1^HE T�LAIN STRUCTURE, FROn1 A PL:'BLIC RIG:iT OF W?YY� FROi�1 THE REC�`JIRED 8Q FEET TO 54 FEET A7AP1^v 79th AVEi1UE (NORTH LOT LIN�) � AND� S�CTION 205.103� 4� A2� 'I'0 Rt�DTJCE THE SETF3ACK I'OR T?iE P-�IN STRUCTliRE FROi�1 A PUBLIC RIGHT OF �JAY, FROif THE REQUIRED �0 FEET TO S� FE�T ALONG EAST RIVER ROAD (SOUTH LOT LINE) r E�ivD, S�;CTION 205.103, 4, A2.; TO FZ�DUC� THE S�1^BACK FOR THE b'LAIN ST �UCTURE FROM A PUBLTC RIGHT OF j�'AY, FROM THE P,E9UIRED 80 FEET TO 20 E'EET ALOIvG LINCOLN STREET (EAST LOT LINE), AND, S�CTION 205.103, 4B, TO REDUCE THE SID� YARI7 SETB��CK rR0��1 THE z2�.QUIRED 15 FEET TO 10 FEE'I' ALO�;G TH�' SOUTH LOT LINE, Ai�ID, SECTION 205. ].U4, 1, E2, TO ALLOW OFF S�'RI;ET PAFZKING TO BE L+IITHIN 5 FL�T OF TI�F; FRONT LOT LINE INSTEAD OF SET BACK TI�� REOUIRED 20 i�EET, AND, SECT30� 205.103, 4, C2, TO R�DUCE TIIE F:E11R YARD S�TB7ICK FRO M THE REQUIP.ED 25 I'�LT TO 20 FEET, nND, SL;CT?ON 2()5.103, 6B, TO RLDUC� THE SETBACK FROM THE BOUNDARY LINE OF ANOTHER ZO?VING DISTRICT (R-3) FFOM 50-TE�T TO 10 FEET (SOUTH LOT LINEi , ALL TO f'�L,L0�;7 TI-I� CONS`i'RtICTIOP7 OF A SPECLTLATIVE BUILDING (COI�1r1ERCI7IL) TO BE LOC�'1TL'D 01`I LOT l, BLOCK 1, PF7IRSON°S 1ST ADDITZON, THE St'1LtiL BEING 7�99 EAST RIVER P.OAD i1. E. , I� RIDLF,Y, r1INNESOTA, (P,�OtJEST BY P1�RIDIAN COItPORT�TION, 15 SOUTIi 9TH STP.FET, P,ZNNEAPOLIS, hIINN�50TA. ) .�.....:..�.._....-y'` MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. David E, Nordale and Mr. David M. Noyes, of the Meridian Corporation, were present to present the request. � 3 • ' � � ": � The Minutes of the Board of �p��cals Subcommitte� Meetinc�of May 13, 1975 .____ Z'he proposed plot plan was shown to the Board for their review. Chairman Drigans said he had received a letter from Mr. Fudali, who is the � A attarney foz, general partner of, and developer of the Meadow Run Apartments, the adjoining property, objecting to the variances, Chairman Drigans read the letter to the Board. He also gave a copy of the letter to Mr. Noyes. MOTION by Wahlberg, seconded by Gabel, to receive the letter from Mr. Fudali objecting to the variances. Upon a voice vote, there being no nays, the motion carried. - Chairman Drigans read to the Board, the stated hardships for the variances from '' the application. The application stated, "Due to street setback requirements on three sides, the buildable area is only about 40 (1II25 square feet) of the total site area oL about 4?_,226 square feet. This is an extremely lcr: coverage figure. In addition the angled geometry of the property makes for an unusual ' configuration if the site is to be utilized properly or to its even small buildable maximum." . �J _� �� i� , CJ � �J ' � ' L_.J � ' ' Mr. Mattson showed the Board a plot plan that had been drawn up conforming to the setbacks. Mr. Richard Fudali, and Mr. Larry Mi11er of 7889 Firwood Way, came forward to see the plans. Nr.. Nordale explained that if you use the zoning setback requirements, that a.re in existance, from the street, because of the geometry of the shape of the lot, that means by the tiune you set back all of these distances you would end . up with only a 800 squar� foot parcel and a 900 square foot parcel thai. would be buildable. He said that i:s a very low buildable area for a lot that is zoned commercial. He said it seems this would impose a hardship cn anyone that caould try to sell or develop this property. Mr. Noyes said that originally the owners praposed to build a gas station at this location and they too}c this proposal as a second choice. He said their proposal is for a 7-11 food store and possibly a coin opeza�ted laundry and a Payless shae 5tore. He said the purpose for the buying of this property was for putting in a gas station and this is �heir second choice. Chairman Drigans asked Mr. Mattson if he could give the history of the property as far as zoning. :Ir. Mattson explained that before July of 1969 the property in question �vas part of a commercially zoned strip running from 77th ti4ay to 79th Way along East River Road, Then in July of 1969 a portion of that strip was rezoned R-3A along with some M-1 property east of the commercial strip and next to the tracks. This was done to enlarge an existing R-3 area in between the commercial strip on East River Road � and the M-1 s�rip along the i:racks, for the purpose of accommodatirlg a large apartment complex. This action left 2 pieces of C-2S property; one just north of 77th Way along East ?tiver Road,and the subject property just south of 79th Way along East River Road. This same subject property was left bounded on two sides by right of ways and partially on a third side by another right of way. The resultant setback requirements have given rise to the present hardships in building on the subject property w�thin Code. . ' � ' � � � Page 4 The Minutes af the I�oarc� of 7lppeals 5ubcommittee Meetinq of May 13, 1975 � Chairman Drigans asked Mr. Mattson to point out each variance on thc pl�t p�.an. �� Mr. riattson sG�id the variances as listed in the public tiearing are marked as A�hrotxgh G consecutive].y on the plot plan. Mr. Mattson added ihat #C � should be changed in the public hearing notice ta read Lincoln Street instead �` of £ast River Road. I Mr. Plemel asked if access for this property would be otf from 79th P7ay, East ' River Road, or Lincoln Street. Mr. Mattson said the property would use all three roads. Chairman Drigaris asked what the object of Lincoln Street is and Mr. Crowder asked who maintains it, Mr. Fudali said the street is used as an ' access to the apartments and his plows usually maintain it. Mr. Plemel asked if there would be left turns made onto East River Road from this property. Mr. P'udali stated that he didn`t think left turns would be permitted, as on , his building permit, it was stipulated that a sign be installed that no left turns be permitted onto �ast River Road from the apartment roadr so somebody going south would have to come out on 79th to be legal. ' Mr. Nordale sa�� he would like to make a gene�'al comment about the variances and that was tY�dt if you took the same basic mass and juggled it, unless you went to an unusual shape you would always be affected by variances, He said' , the reason they pushed the building k�acic, toward the east, was for parY.ing and setting back as far as possible from�East River Road. Chairman Drigans said he was concerned that the request said for a speculative building and he ' wondered what type of study was done to determine that a dairy store and laundromat were needed. �1r..Noyes said that they were approached by the owners of the property, as Meridian Corporation are developers and in this type ' of business, and the owners said that they had talked witn the City staff who informed them there should be no problems with this type of business. He said �liey have a working relationship with the 7-11 SLOres who they feel are . an ex�ellent small food oper_ation and they ran lots of studies on this ' particular site, as txaffic counts, etc., and they felt there was a definite need in this area for a store. Mre Noyes said the owner felt because of the gas situation, that this proposal was an alternative. He added that 7-11 is � interested in a long term lease and the other por_tion of the building has no definite tenants yet. He said it could be broken up and used for doctor offices as long as the business was allowed by the Code. Chairnlan Drigans said they ' then woulcl not be asking for a special use or a rezoning after the building is up, in order to rent it. Mr. Noyes said they would not, ' hir. Crowder asked if 7-11 stores have a basic square footage that they go with normally. Mr. Noyes said that 7-11 likes the 2400 square feet. Mr. Crowder said if the huilding was to be built for just the 7 11 store, would it be just half the proposed building. Mr. Noyes said because of the cost of land, they ' couldn't afford to build a 2400 square foot building for just 7-11. Mr. Noyes said he was not aware that there was any opposition to this type ' of business, in fact, they thought because of the residential neigl�orhood and apartments, that this business would be an asset to the neighborhood. , Mrs. Wahlberg asked what the size of the other half of the building is, Mr. Noyes said the 7-11 store would have 2400 square feet and there would be 2800 square feet in the rest of the building. Mr. Crowder asked if the 41 parking stalls was arrived at by the total of these two figures or 5200 square feet. '. Mr. D9attson said it was determined for the 7-11 store and the rest of the building being office space. , '' , �' u ' ' ' ' , ' I J' ' � ' ' 11 J ' ' ' ' ' ..�� Paqe 5 The Minutes of the F3oard of A��pea� s Subc:ommittce Meetincj of May 13, 1975 � Mr. Fudali said he would like to comment on tl:e hardships stated. He said the � C situation here is one w}iere the price of the laiid is so high that they have to �dd square footage onto the bui.lding for some commercial purpose for which they are not ccrtain as yet. He said laundry facilities were mentioned for example, and he added tYiat the apartments have 15 laundry roor.ls so they have plenty of laundry £acilities. Nlr. Noyes said to just eliminate the laundry facilities then as he was not sure of what would be going into the building. Mr. Fudali continued t}lat here is a situa�ion where East River Road is practically famous on a state level. for the number of accidents because of the number of veliicles and speed of the vehicles tt�at travel this road. He said there are approximately 450 automobi.les that have only two ways to get in and out of the P�ieadow Run P.part�nents; one is Lincoln Street and �he other is East River Road. He said that if they are going to go soui:h, which most of them do as they work toward downtown, they are supposed to go out Lincoln Street rather then East Ri_ver Road so you have during t:.he workin� hours, 300 to 450 cars betv�een the hours oi 7-9 ingressing and egressinq onto East River Road, He said when they went through obtai.lirig the apartment building permits, one �?f the things the Coun^il specifically reau.ired was that there be no curb cuts what so ever along E�ast River Raad and that Lincoln Street be the only source of ingress and egress. He said when ttie people bought 'this subject property it was plat�ed like this and the ordinances we-re in existance, and anybody couid have detennined what could be built on tnis property or what could not be built on this ��roperty. He said they wanted to build a filling station and that went into court, and is now a dead issue. Mr. Fudali said for them to now realize what they want as far as dollurs for the property, this larqe building, or larger than required building, has to be built on the property and so they come now with �.11 tiiese variances. A9r. Fudali said he had no object�on to any variance under any circurlstance which first is a result of a true legitimate hardship, and this is no legitimate harship as far as the zoning is concerned becatise this-•was platted when the owners bought it. He added he also had no objections to variances if they did not af�ect the surrounding prcperty in any �,�ay, then even if there is no hardship, and grantirig the variances will facilitate an improvement which is going to bring tax base and a use for the community, then it should procede. He said not withstanding the fact that he felt there is no hardship here, other thun the fact that they want to yield a certain number of dollars from their property, . he would have no objection to tlie "D" and "G" variances because they in no way trouble the other properties as far as the safety point of view. He said as far as "C" and "F" are concerned, they are completely blocking the East River Road visual situation. �ie said if he would have asked �or and received variances for setbacks on the Meadow Run R}�artments, he could have saved well over $100,QOQ because of the construction problcros they encountered in holding the building tight to the creek, and this was a hardship as far as dollars was concer.ned, but the situation of safety �vas more paramount and no variances were asked for. He said the setbacks are set. up by the City to create good visual lines of sight so that people can see otiier people moving back and forth in automobiles and he felt that each one of these variances asked for, except "D" and "G", will impair the vision. He said from an aesthetic point of view, the back of this building wi11 be an eyesare to tlis tenants because of the trash containers and storage. Mr. I'udali continued that for 300 families there are only two roads, and leavitig the complex means tlicy have to use East River Road and for him, as the owner of the apartments, he has to be concerned with the development of this lot. IIe said in this instance, there is a building tha� is less than half leased out and all w� know about the other par� is tha� it will rneet the �Code, so wc don't know how it will benefit the community and yet this Board is asked ta make detcrminat.ions and grant variances which are going to impair the � ' ' , ' , ' Page 6 The Minutes of the Board of A��eals Subcommittee Meeting of May 13, 1975 apar�ment complex. He said that if the gentlemen from Meridian Corporation would like to sit down with him and try to figure out the best location of the building to the satisfaction of both par_ties, he would be willing to do so. Chairman Drigans said he could nat understand w,iat the visual problem is as far as East River Road, Mr. Fudali said that t`�e parking in front of this building, zf you �aere coming do�an 79th Way, would block seeing the cars on East River Road. Chairman Drigans askcd if_ there was a stop sign on 79th Way. Mr, t�9iller said there was one there. Chairman Drigaris said he failed to see where there was a visual problem here then, whe,n the cars have to stop before gettinq onto Fast River Road. M:o IJordale said this was discussed with �he City staff and that was one of the reasons for placing t7ie bui.lding back instead of more Lo�aard E�st River Ro.ad. Chairman Drigans asked if it was a necessity to have an e�;it on Last River Road. Mr. Nordale said it was considered more of an entrance for the people coming 17ome along East River Road. Mrs, PJahlberg asked how the people would be controlled from exiting onto East River Road. Mr. Noyes said a sign could be p�:'` up but tnis would be no guarantee that .hey would not exit there. Mr. Plemel asked if �here was a right turn lane for 79th Way. Mro Fudali said there �aas not. ' Mr. r4iller said he was the only �ne present who lived in �he area, and he wondered why this has an isolated zoning when all around this property is residential zoninge Chairman Drigans explained that the property t:-iat the ' apartments are on was rezoned to apartment zcning and this piece of pro�erty was under separate ownersnip so was not included in �he rezoning.��. hiiller asked if this piece of property couid b2 rezoned to residential. Cnairman Drigans said the property owner wou.ld have tc request a rezoning. D1ro Miller ' � said he couldn't see why a cc�mraercial buildir.g should be built in the middle of residenti.al property. FIe said this store wili have lighting on until. 11:00 P.M. He sai.d itstoo bad that someone can't develop this residenti�.l. 'Chairman Driqans said that because of the odd shape of the proper_ty, anything , being built would hace stringent restrictions, rir. Nordale added that it would be almost impossible to build anything on this lot without variances. ' ' � ' r '. ' , • Nir. Crowder said the one problem with the apartments is that the people are all l.ea��ing within a certain time period and then there is no traffic for two or three hours. He said that was one of the reasons for no exiting on East F��ver Road, He said with this *ype of business, the traffic pattern shouldn't be grouped in such a s�all time period. D4r. Plemel asked i� there was a possibi.lity of a traffic signal going in at 79th Way. Mr. Mattson said he was not sure. � , Mrs. Wahlberg asked Mr. Fudali what his objections to the filling station were. Mr. Pudali said at the tizne the station was proposed, there were two stations just docan the road that were both abandoned and an abandoned filling station deteriorates very quickly, Iie said if you look at the locations of the other stations in Fridley, L�lt?j7 are all within large cor,unercials areas. He said when you lcol:ed at the oth�r stations and then looked at �his isolated site•, the City plus everyone else relt this site would not.be appropriate for a service station because of the lighting, storage, cars, tow trucks, hours, etc. Mr. F'udali said this is a nice piece of ground and a food store has some merit hcre but .in lookine� at the shopping ccnter, they have Lenants going in and out all the time and this might happen here. �v 3D � ' , LJ P�ge 7 The Minutes of tlie Board of 1lppeals Subcommittee f•leetinq of May 13. 1975 t�irs. G�bel as}:�d if this property was being bought contingent iipon the variances being aplroved. Mr. Noyes said L-he owners of tliis property are just desirous of developing theiY property as best as they can. iie said rieridian Corporation is just the c3eveloper and r_ontractor. He said he felt that 7-1J. wou�d be an asset in the residential neighborhood. He said the Cliamber of Commerce has a number of people who would warzt to go into this type of facility and they will be quite restrictive in selecting tenants. Chairman Drigans asl:ed i.f this proposal had been before Building Standards. ' Mr. Nor_dale said he t�hough�. they would be going�to that Board at their next meeting. ' There was a discussion on moving the,building toward East Kiver Road. Mr. Fudali said he would 1i.ke to see a larger c�reen area and have it stay as far away irom 79th �9ay and Lincoln as possible. Mrs. Wahlberg said the building , is proposed 54 feet from 79th taay and from a visual safety standpoint that should be ample. Mr. Fudali said the Code sal�a it should be 80 feet and this must iiave been :� �udied .befcre it was made a requireme�t. He said t'r�ere are , lots of reasons for the setbacks, one of them being v�sual, and another is to avoid condemnations when roacls are widened, and another_ is to have larger ' LJ ' green areas. Mrs. S•lahlberg asked if there is any boulevard on 79th ��ay or if the property starts at the curb. Mr. iudali said he didn't know but he added that 79th is a state aid street and once that road continues over the tracks it will be an awfully popular road like Osborne or Mississippi, and he said he could imagine 79th G4ay being widened. Mr. Fudali sa?d they have land along %9th ��]ay bizt all they have alor�g that area is berming, i-ie said the building are way off from 79th. Mr. Diattson said he did not know how big the boulevard is � along 79th Way. Chairman Driqans said it looks like there is a 20 foot bouleva�d along East , P•iver Road. P4r. Nordale said he tYiought it was about 20 feet. Chairr.lan Drigans said it also .looked like there was an easement along the property. There was a discussion on both of th�se as far as the reiationship to the � property line and as far as widening East River Road. No de�inite dimensions were determined. � Chairnlan Drigans said one of �Lhe areas that with this Committee, is the lighting as this commercial property along East'River Road. , � ' ^ ' , will have to be discussed, but not is one of the problems with There was then a discussion on alternate locai.ions for the building on the lot. ChairmaTi Drigans noted that because of the shape of the lot, the total area of the building has ��nly 1890 lot coverage which is considerably less than the 40$ allowed per the �ode. b1r. Crowder noted that even if only part of this building was built, it �,ould stili need many of the same variances being asked for. Mr. Mattsoiz said that in determining this location for the building on the lot, it was felt that even thougYi it may not be the iaeal location, it is the most appropriate location for the shape of the lot, ile said such things as refuse aizd storage areas iniqht be better placed in the side instead of the back but this would be dctermir.ed by F3uildiiig Standards. MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voicc vote, there beitig no nays, the motion carried. 3E �i G'; , �� IJI � ' ' '' . �� ' LJ �I ' � ' ' ' ' 1 LJ Page 8 ':he Minutes of i:he Saard of 11�peals Subcommittee Meetinc� of. t�fay 13, 19i5 ' - � 3F Chairman Drigans said the hardshi.p is the lot size and Mr. Plemel add�d that it is more the lot shape with relationship to all the setbacks. Mrs. WahlUerg asked if it was correct that the size of the building determines ttie number of parkinr, st.alls. r1r. Matt�on said in this case it is determined by the 7-11 stor�, being a store, and the rest of the buildii7g being used as office space. Chairmai: Drigans asked �.f it was thougnt to be conceivable to have 41 cars here at any one ti.me. I�Ir. riattson said he didn't ttiink so. Chairman Drigans asked if as long as the space is avail.able, is it necessary to blacktop the entire area for parking. Mr. Niatison said if ii is not blacktopped, it would need another vari_ance. Mr. Crowder said variance "�" could be eliminated as it is only needed for 3 car� to back oui o£ the stalls but �hen �izey would heed a reduction in stalls from 4J. to 3£3, He said since we cion't know what is roing int.o tne other half of the building, and according to the Code it could be a number of thi:�gs, it is conceivable that the stalls wi].1 be ne�ded. Chairman Dr_igans said it would be easier to give them a vari.ance on parking s+�alls as chere is no other place to park because they can't Park on the strcet. Mrs. Wahlberg said unless you get something in there like a V.F.SJp, the parking stalls could be r_educed. Mr. Crowder said this would e.liminate one varianc` but we would have to grant a variance on the number of stal].s. Cliairman Dri.gans added that this char�ge . would create more green area. r1r. Crowder said that this idea is well taken and he felt it should be in the motion that if Building Standards wanted mor_e green area instead of all the parking stalls, that the Board would entertain tY:e deviation. Mr. Nordale said they would prefer this also if it could be done, assumir�g that the stalls would not be needed for the tenants. Mrs. 6�ahlberg said she would like to know if in a 7-11 store, if the deliveries are made�in the front or in the back. Mr. Nordale said the way it is set up at preseni�, it could be on either. the side or back and he added that the general deliveries are made during the day and these could also go in the fron�. Mrs. Wa211berg asked if there would be access to tlie refuse containers if these were placed along the back of the building. Mr. Nordale said this is usually handled by screening �eith access to it. He said there hasn't been the need for any direct immediate pick-up. Mrs. Wahlberg said the reason she is asking is that a driveway in the back might need another varianceo b2ro Mattson said this had been discussed with the Planning Assistant and he was sur.e it could be worked out. There was a discussion on moving the building caest but it was determined that this could possibly_infringe on the easement. Mr. Crowder said this looks like a very unfortunate situation of C-2S which is an all encompassing thi.ng, any�hing from an office to a store, and because of tl�e shape of the land and the fact that there are three street, basically one being a half street, he felt he was in agreement witl: granting all of the variances that ar.e beirig requested and further. he would make a recommendation following that, that the next body considering this, make a determination as to w}iether 41 stalls are really necessary. He szid he would just as soon see variance "E" eliminated and possibly a rearrangement of the whole parking area. MOTION by Wahlberg, seconded by Gabel,'to recommend to the City Council, approval of thc variances, referrec3 to as "A" through "G" as requested by Meridian Corporation, with the fol'lowing suggesti.ons; l. On the direct access to East River 'Road tliat i:}iere be a siqri installed stating "No I�eft Turtl". 2. Ttie next body io consider this, be it I3uilditlg Standards or the City Council, consider the I3oard's recommendation to eliminate variarice "E" by eliminating 3 existing stalls on the norttiwest corner of L-he propezty in the liope that this area be �urned in green area. ' The Mimites of the Loard of np�eals Subcommittee Meetit_g of May 13, 1975 Page 9 � Chairman llrigans saicl he could see considerably more s�alls being eliminated. 3 G Mrs. Wahlberg said that until thc l�oard kziows what tenants are going into the builcling, it is hard to determine how many stalls are actually needed. , She sa�.d de��ending on the ten�nt, more could be eliminat�;d but she said she would like Lo reserve juc?gement on it. She said it could also fluctuate as the tenants change. Chairman Drigans said L-he space is available and the ' stalls could be put in, if nec�ded, at a lai�er date. Mrs. Wahlberg said if the Board qives a kind of blanket variance on this, they would be setting a precedent for other conunercial sites that come along. ' ' � ' ' � ' � � ' , , ' ' �� A VOTE UPON T:iE MOTION, all voting aye, the motion carried. 3. A F2E�UrST I'OR A TIi�1E EXTENSZON ON V�1RIAt10ES OI' TIii FRTDLEY CITY CODE THAT HAD PR};VIOUSLY ��'1�P1 t�PPR��VED:� SL:CT?OT.7 205.074, 3, TC) f:EDUCI; TFIr REQliII2LD L��UNDRY _ SPACT FF.O[�1 1900 SQI1Ai�I: I'EL;T TO 1110 S UF�RI; ]�I�T.sT, SECTi.Oi`I 205.175, 1D, TO I�LDUCE � �HE r`lINl2'iUi�1 �JZD'TH OF P71R.�:II�G S`PAL;�S f'ROA4 10 FEET TO 9.2 F'EET, SFCTIOId 205.174, 4, TO II�?CREASE TN� IvUP•'�13ER C)F E'r',� ICIFiJCY ��P7�}?Ti]�N`I'S 1�LI,OtivED FROi�I 3�Pi�R`'i'i✓�ENTS TC? 30 AI?/�k`Ii�jEI�!'S, S1�C`.I.'lOiJ 205,073, i, A2� TG .�DuCE :irii; i�iIiv'1P�ilii-1 LOT ARi�A PER Dti7ELLIT�,� UT1IT FROr�T 25C0 SQUI�� 1•'EF;T TO 1721,4 SOUARE F}_';ET; TlJ t�LLOvJ THE • CONSTRUCTTOPI OP' AN 14�4 UNIT T�PARTi�1LIdT CO?�1PLEY TO BE T�OCAT�ll Oi1 Ti?U E�iST Ii��F OF THE NORTFII;AS'i QUI�FTER OF TFI� SOUi'Iild:'ST _liAi.TLR 01 �I;CTION 14, T-30, R-24, EXCEPT TI�E SOUTH 1£35, 0 I'iiET THLRtiOF AI�1D .T-.'�iCi:PT PARCELS I� AiID B � Ti3E SAML BEING BOFtDERrll BY 63RD �VELTLE ON Ti� SOUTH, I�IISST_SSIPPI STR]1ET Gi�i T"r?E 1QOkTH, 7TH STREET 01�T TFIF E[�1ST, I�ND 5TH ST'd�ET OP1 THE ���s�T, TIiE SA�IE BFING 6451-5�'H STR.�ET N.E. , FRIDL�Y, i�1IN�?�SOTA. (R.EQLiFST BY THE WALL CCRPOR�TION, �32.00 'i10Ri�5ANDALL BOULEVAi2ll, BLOOiKINGT023, i�41NNESOT7� 55r37, } � MOTION by Crowder, second.ed by Wahlberg, to open the public hearing. L'pon a voice vote, there being no nays, the motion carried. There was no one present to present the reques�o Mr. A. F. r2iller, 525 Bennett Drive, was present i�o object to the request, Mx. Crowder asked if the Soard hadn`t approved all of these variances before, and also asked if th� Council hadn`t approved them. Mr. Mattson said the variances had been approved one year ago, and since approval is only valid for one ycar i� construction is not begun, the Wall Corporation is asking for a time e�tension on this apuroval. �Mro idiller said he did not undersLand from the public hearing notice that this was just a time extension. Mr. Miller asked how much of. an exL-eizsion was being asked for. Mr, Cro�ader answered that he thought it would be a one_year extension. 'Mr. Crowder asked if these variances were exactly the same as when they were approved before, r'Lr. Nlattson said they are the same, that t�hare has been no changes in any way witYi the proposal. Mr. Millc:r asked if the lots along 7th Street were stil.l going to be residential. Cliairman Drigans said that is tlie way they were plotted so .they would stay residenL-ial. Mr. Plemel said since all of the variances were granted before� and the proposal has not been chanqed, he said hc would ga along with the time extension. Mrs. Wahlberg said sl�e d�.dn`t aqree with this. She said this is about the third year that the City has dealt with this piece of property and she said she felt that as a City arld as a i3oard, we have bent over backwards io accomodate �ti�a11 Corporatyon in everyway �OJJ1�1C. She said she realizes that mortgage moncy is tight but she said thi: Wall Corporation assured the Boar_d one year ago that they were - - � II ' BUILllING ST/1r3PAI'I>>-llLSTCN ('nN'Cr.OL 5UI3C�'�i�tITTEI: 1iLI:'1ING Or MI�Y 22 , 1975 � ., ' ' ' Chairman Lindblad call.ed tlie meetin�; to order at 8:1.0 P.M. MEriBERS PI�LSLNT: Lindblad, Seeger, Tonco i�P1BERS A13S�NT: Simoneau OTIIERS PI',�:S1:�T: Jerrold Boarciman, Planning AssisCant PfOTION, by See�e1-, seconded by Tonco, to approve tlie minutes of the rlay 14, 1975 meeting as written. � UPON A VOIC� VOT�, all voting aye, the motion carried uuanimously. 1. CONSIDFP.�ITION O1, A P�GQUEST rOI: A NE��' BUILDI�'G: T OCATED '�T � 4500 Tf�'�IN STn:i;l�'i N.L. , I1�IllLEY, P�iZi�ivE50TA. (R�.-�'QUEST LY CuCO COP.POI�ATIOi�, 45Q� i�IAI� STF�LET ,r1,E., FRIDLI�Y, iiZbiN. Pir. roster Dunwiddie and 1�r. ldallace Anderson caere present for the request. ' Mr. Dunwiddie stated the praposed huilding will be similar to the building already theri. He explai.ned tha request was initially presented in 1973. The new building being proposed at this meeting is just a little bit different. Mz. llunwiddie stated the new buildind �aould be constructed of steel.. It would be blue to match the eYisting building with white panels alon� the top. All of the materials used in construction will be manufactured by Ceco. There will be a shipping office and a super- intendents office, Uoth will be located in the new buildin�. , P�Ir. Dunw�ddie stated the landscaping will be the same as siioran on tne oribinal proposal, i�ir. Boardma.n s�ated all the landscap�ng would be .done near the office portion of tize �uilding. ' ' � I ' ' 2i0TI0N, by Seeger, saconded by Tonco, to reconimend approval to Council. UPON A VOICE VOTE, al7_ voting aye, the motion carried unanimously. 2. CONSIDLP,ATiO:i OF :�. ?'..'.QU??ST �OR A\E�,J 3UILDI.^IG Lt)Cl1TED ON LOT l, 13L,OCi< l, PE:1!:50:'d`S ].st !�.11DI'1'IO_J. TtIE SI�i�Il�: iS��ING � 7899 1':AST RIV'�:i 1:OP�D. (Ri:QUEST `iY i�1'tsi:IDI!1�I COP.PO1tATI0N, - -- . �_ 15 SOUlII ivlivTli S'il'.i:LT, i1FLS., :il.`�i�I. �5403 - 1�IOTION, by Tonco, seconded by Seeger, to receive the letter from Mr. Richard H. Fudali, Attorney at Law, owner of 2�1e�adow Run Apartments. UP�N A VOIC� VOTE, All voting aye, the motion carried unanimously. Mr. David Nordale and Mr. David Noyes, of 2•ieridian Corp. we�e present for tiie rec�ues t. 3 ii 1 � .. ' II � � ., � ' , }3UILD7NG STAND�Rl)S-I)],SIGN CO;J'1'1:OL SUI3C0i��`tI7'T�r T�I'sETIPdG OI' t�iAY 22 1: 3 I '; ( �f 1975 P�. 2 � '' P1r. T i_ndlilad read a 1eCter fr.om Riciiard Fudali_, owner of Pleadow P.un Apartments, wliicll macle several requcsts of tlie develo�>er. He felt that the Board should consider ttiese requests when reviewing ttieir plans.. Mr. Nardale staCed tltat the property was zoned C2S and that Five Sands Develof�rient raas located aL the adjoining property at the rear of the new Uuilding. 'I'lie new building will be di.videti into thxee sliaps. At the present time 7-11 S tore will occupy shop nur.lber oz�e. Mr. i�ordale stated the buildinU would be made of bricic witli cedar along the roof . Mr. Nordale showed on the plans where the landscapin� would be located which consists of honey locus treess sugar maple trees, ash, pines, blue spruce trees and dwarf shrubs. • Mr. Lindblad asked about the groposed lighting. P�ir. ilordale stated the people have obj°cted Co the glaring ligtits. He stated tney would be using wooden pole directional Iights focusing down. i�ir. Nordale showed on the plans where if 6' berming was put in as stated in r1r. Fudali's letter the berm would be very ctifficult to maintain because it would have to be about a.?_ to 1 slope. He fe1� ttiat the back or the building �oould not be objectionable to look at and ttiat they would be willing to do some berming for the purpose of design. t1rs. Seeger was cor,cer.ned about berming along 79th in order to protect the residential area from automobile lights. I'ir. Nordale stated that they could accomp�ish tYiis by bermin� and planting, I�ir. Tonco asked about screening of refuse. Mr. Boardman asked if they ' would be usin� a type of dumpster on �aheels. xfr. Ployes 5aid that �hey would. r1r. Boardman sugoested tliat they eliminate the dc�ors on the dumpster screen and wheel the dumpsters out into ttle loading area for , dumpinb. Iie f�at that if it stayea the way it was presently laid out, the �aibage truck may partially block Linco?n Street. PIr. Noyes agreed to make the revisions in the garba�e pick-up area. ' , � � ' � rir. Lindblad aslced if concrete curbing will be used. P1r. Nordale stated that ttiey would. Nir. Lindblad asked abuut security lighting. �1r. Nordale stated there would be one light over each door. There are�a series of gas 'lights on Lincoln S tree t so there will be no need f or ligtiting in the re ar of tlie building. MOTION, by Seeser, seconded by Tonco, to recommend approval of the request with the following stipulations: 1. Extensive landscaping on the site. Plan filed with Planning Department. � ' BtIILDING STANDAI:1)S-DESIGN C0;17'I:UL SUI3COi,�fITTL� 1t1:ETING Or MAY 22, 1975 P�. 3 2; I3ermin� be of sufficient he.i�ht to protect the resi.dents from automobile ligliting. (as indicated on the plans) 3.� flddi�ional plants (as marked on ttle plans) . 4. I:ntire building would be brick. 3J ' S. }3uffer planting incorporated with berm. 6. Li�htinG £ocused down so as not to shine into the residential ' property owner's windows. 7. All blacktop adjoining �reen area to be separ_ated by pouied concrete curbing. , 8. No J_eft turn onto East P�iver P.oad. , � �J , ' r ' � ' II ' 9. Refuse area should have solid screen, no gate opening onto the service. dr.ive, the pc�rtior, not being used for refuse stor�ge and handling be used for plantings. 10. Sidewalk•connection constructed to Lincoln Street. If an a�reenant cannot be reached between t�feridian nnd iudali the sidewalk connection should be constructed anyway but only on 2•leridian's property. This wi11 offer property protection from nea�'by residents. 11. Parking rioved down to 20 ft. to pick up additional room to enable cars to face in instead of against each other. UPON A VOICE VOT�, all voting aye, the motion carxied una.nimously. Chairman Lindblad adjourned tiie meeting at 9:30 P.Pi. Respec.tfully submitted, o��i�-z�� Arlene L. Smith .` 0 ' • . •,\ ___ __ _ _ . i '9/c�.rn� j`YI�iC60 '�r,� " . , , � r� `c .. •� `. Gr 7 ' �0 ` i-.: ' � s � .�,o ����1� � w ./ � � %,f � � �'O-; : G � I •� • ...• � : y� 2 /,3i�sr � M ' •�... � � , ,-_� si� q...-...�,6t,� s :�..._. �'c : _ �;��,/ �` ?. ',�,. � � ' " ' � , . C G � � ..\,Y° \ ���' ~��a, ' :CG, q > `� � � . �$ � �,� . , . 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P3_q3 � )� L �h. t �� �,1d: � `2' 00 ; ,.s�" L� �D� > ��' . �' � ? �F.3 2 b �o� �� � �T- �� , � . � �/.v.g � 6 pD4� F�a s/� �n,^ �� t � '� o, � r E. � � �o . iR'+ C ��F% S �d eS �1'� l G. .. '�OE �' �cl7y>9 �o � � . . . ' � . a /�Oa / . � t�;s8 � • • ;��r �s� : 1 y ,� 1 � � ,.. . � , a I � '� N s� � <, l� �4' 85 l p � i� � (1� \ V i� �p : � ' � � . � � t 9 �,--s�'�"�+ l7S ' r3 .�0•�0 � - ' 1�� � . �' ' `' � �� /} '� �18,� �� �,,,����h��:; 4,� �Y `.� -E�> 4 � ti � Q 6c �+- 1 iF 5' .571 � .- s _ .. C� .Z 1!` \,. � ? � ; ;�` J� - a''�,µ ��5,�`s i� ro yj ` e �, t,FC Q �9j�°� � � � r� /��� �• �y S�� \5 ' e ��, i�.�, uc�o .�.� . . . C �B6Lyo ' .i �� ^ /s � ��yV . rP' }c'K 5 ������ �P�T.r°�.t.`!.,,s� .y�.. � �.- -�``��J r d 6.. �a 17 , � d, ' ' .s � ,� � � �x � : �_� °t ,;, .�� � , �f� / ,t °' .i� ..�'�z Ni� tx ��.� C ��r � ' '2 .. �.�. �i ��. �a!a r � . .. � F'h. . y ' ,,r ' L �' O . 4 � % - i .� , \\ �' . µ� � i Ci t / �. i L✓ ' �\ i.r �� ` ... � b p �1 '�' . L• � . � �? � `�4c � � i r t .?� f/S}.�3�� A��`� ���o� � / i� �t f � +\ . :� , �' � 1\ �SY � , \ -,q z � ,� ,� `t" t � �'{�� {��' � ,� - �� �,, � ,.. ����� � , w : , �a fi� ;�''` �� .�� �; � � � 3 �\ � �,a��` � C� " i°i T t�� �, � r Y 4 1q G• p : [�, �- �p i U � 5 � 1` ��m' � � y� � ' H � ,. , , 1n �i r�' `�` •� ` k 4 � , ��� x � -: � � . m � . sl •,°�r�: ' Q •f.' . J p:� !�3 \, � Ib ' , _:: w s..s�. ��i �� w � 6 t���¢ � ,� s - ,, �.�-�� � � 3 �, � ���� � . � � ,��� '��L-�� t�� '` � t,,,,. , . . . � � � � � - _ r�� � �i� , ,.�` � ,z �� � � � �, -c �� a e g � _ « �F� � �R • /C � � — �' d".,.� ���.�� �s �,'� `'" � . • . . :: ' � �+ .fs '�Y � � �.i ` � r� � . � .., ��� �� e . , .\ �..Ct � � y� • ap /�� ' � o2'L` . �. � , , ,� �� .. � ' �y'�o ` o�i i ' , r �i� '_ "'.�_ Ai�.� �: J •- ... . . . . . �� � � � �y` �� �; �» _ •sAxe. . ei9 r . � ' �` �: .y � � � � � q . + � I . .. . . . . .. ` . I _ � �•e�wt _ " "� —_^ . \ 1�.. ��� .. 1 . ..£ 10 .6 1 � i i I i . . 7 • ' �� � I � ` . • t , � -' t . . '4' Z" �J . ... . - , _ ': - �� _ ��� �' :� '� � . ; � � c+ r`, .. � 1 � .• � ,. • . ' 1� , °•f-. ' � • . ' �� ~ � � � � . . � • � .. .. � ' w � ,..r , , . , �--'�..z;,"�,,;�`� �; , ' •.�,, . ...,.�,� • . ; ___.,.,,,.�,� , • , �. � ��� \, �i-�� .70 , . �a `i ORDINANCE N0. 1975 AN ORDINANCE AMEPJDING CNAPTER 507 OF 7HE CITY CODE OF THE CITY OF FRIDLEY RELATING 70 MUNICIPAL BATHING BEACHES The City Council of the City of Fridley does ordain as follows: SECTION 1. Section 507.06 Liquors, is amended to read as follows: 507.06 Liquors . It shall be unlawful for any person to have in his possession or to consume any intoxicating liquor or beer or nonintoxicating malt liquor on Fridley Municipal Bathing Beaches. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS DAY OF , 1975. ATTEST: CITY CLERK - Marvin C. Brunsell First Reading: Second Reading: Publish: MAYOR - I�JILLIAM J. NEE , � ' ' ' �� , , , ' ' , �/ � ' ' ' ' ' ' ORDINANCE N0. 1975 AN ORQINANCE AMENDING CHAPTER 508 OF THE CITY CODE OF THE CITY OF FRIDLEY RELATING TO PARKS AND PARKWAYS. The City Council of the City of Fridley does ordain as follows: SECTION 1. Section 508.21 Alcoholic Beverage, is amended to read as follows: 508.21 Alcoholic Beverage Ple �e�se� s�a�� �al�e; �se e� �ave �� e� a�e� a��r �a�{� e� �a�=k��aa� a�y }p�e��ea��p� }��ae� e� �ee�. It shall be unlawful for any person to have in his possessiai� or to consume any intoxica;.:ng liquor or nonintoxicating malt liquor in or u�on any City park, parkway or bathinq beach except as provided in subdivisions 1, 2 and 3 below: Subd. 1 Not withstandin � laws to the contra�, possession�and�consumption of nonintoxicatinq malt liquor is permitted in Locke Park. Subd. 2 The Cit� Council may grant permissior, ta consume nonintoxicating malt liquor in other City�arks to neiahborhood rou s. Subd. 3 Not withstandin� any laws to the contrary, upon approval of City_ � Council, and issuance of a permit, a c1ub or charitable, religrous � or nonprofit public or private organization ma,y se11 and allow buyers to consume nonintoxicating mal� liquor in the Commons Park. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY QF FRIDL�Y THIS DAY OF ATTEST: CITY CLERK - Marvin C. Brunsell First Reading: Second Reading: Publish: 1975. MAYOR - WILLIFIM J. NEE 5 [� 1 ' ' TO: ' FROM: DATE: SUBJECT: � � I ' �r � I� II� ' , ' ' 1 ' � ' � CITY OF FRTDL�Y POLTCE D�PARTMENT MEMORANDUM Nasim M. Qureshi, City Manager James P. HilZ, Asst. City Manager/PUblic Safety Director June 6, 1975 Pending Council Resolution Regarding Vandalism in City Parks and School Property Attached you will find a copy of letters from Independent School District #14 ��garding the above subject. In addition 3: have had conversations with Dick Fritzke, Director of Court Services for Anoka County, regarding the above subject matter. As a result of the above contaets, it.is my feeling that most people express a positive attitude insofar as it relates to the concept of looking for new ways of admin- istering juvenile justice. There are, however, some negative aspects to the particular resolution in that it may infer that the juvenile court justices are no�t performing sa�isfactorily to the �aishes of the cities. In addition, complications regarding legal factars in orderzng work for.juveniles and the relatively few specific examples that can be shown of actual juvenile arrest for vandalism in �he parks combined with other comments made by the School Distrir,t, would lead me to believe that the Fridley City Council should not adopt the resolution as proposed. - It would be my recommendaiton that City Council authorize the City Manager to write a letter to the judge of thejuvenile court indicating that the City of Fridley is aware of the interest in this subject by the City of Columbia Heights and that the City of Fridley simply wants to insure the juvenile court that it would be willing to discuss any new juvenile justice procedures that the court may desire to develop as it may relate to the City of Fridley governmen�. I feel a letter is advisable since the judges of the juvenile court as well as the other county judges are fully aware of the movement and are aware that the City of Fridley has this resol.ution. For this reason I feel that we should express our willingness to work with the court on any program they may deem advisable to implement. ,_ .__.. ..,„ . _. . _,. .. �. n� � , � ... ,._.,._ ,.... .... ... .... , _...::,_.. .. .,.K..,, ,.. ....:. ..�� ..;t.. .., ...� ...;_...� . ...._, . . y ..>R., ., _..,. . _,...�.....-�,.d._ �..,.. _�.....� 6C�C0 :^IES�T MCORE LAKE i�f�NE, FRIDL[�:Y, �Mlti'N�SO?(� 55432 � 560-6100 May 29, 1975 Mr. James P, Hill, Assistant City Manager City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 _ Dear Mr. Hill: �r�. �of�irv K. ti�n SUYf� f-' I."iTf�.NDFf N �� JAP.°ES li. HEDREI�! f�IHLCi )R LitI51N SS AF�AIRS JA^/FS G. PAPPAS AUthINISTRATIVE ASSIS�AN1 I appreciated receiving your letter and referred it to Donald Meyers for his input. Mr. Meyers often handles matters of this type, and i felt his input would be valuable. A copy of , his letter to me is enclosed. People seem to learn through either positive or negative rein£orcement. Tl�e idea of the restoration of damaged property is attractive, but we have not found it to be practi�al with ceriain students. I feel that it would be one use£uI approach for Juvenile Court judges to use when L-he jizvei-�ile showed a willingness to purge himself in t.his manner. Sincerely yours, `-�-, �-, � :;��� 5��� , � John K. Hansen Superintendent � JKH/hj Enc. � � , � ' ' ' L � L� ' ' '_ J , ' �i ' �1a�i--���-�- ¢�sa-a,o-ta- �' a�c�-�o, s��i�o-o-Q �� . bi?U�� ���c5t �loorc l,a�c nrive Fri�ic��, 1��innesc>ta 65�3_2 P��one 560-6100 ,,, „� . . _ .�._ ., � - ,..,,_ � � �t.�, �, k�,r(,d'° °t`�r'�Y . +a .-� - � t�ir�Y.' �RNIIr11� .�-' �-`71 -��-{ � �`� ..,,�t:p�{'�„�--•... �- � _ �. �. r ;.�'�-- � ; .. � � �' r.�..f' I�a�', y:_ �` y� V.' 7 j_' ' �`RwE< ,�y �.1� ��,`'4VpIi°� A�a-I� '°a{ . �1.: ` �' � �;'��� "' .>' c4 ��' . � Si v'._` ". =��h �"�a"'�W ��''�'- �„+f . �.0�,; .�n,t ��°"Y�.Y�<Y��,::"~ , �* � .�L . . /r,�."fi_; .�7. .„�i - ,�4�c . �ay 28, 1975 T0: Dr. Jai�n K. Wansen FROM: Qonal� A. Meyers RE: Response to City of FridTey Correspondence of f�ay 21, 1975 • � �ic�Zazci �. �Eanton �2incLFza� 1�ona�c� og. cJ�/�e ye2a d�asistanE �z(neC�a� Th� prapasec# r�salution by the City of �rfidley City Gouncil is easy to agree with in princ�ple. Juveniies c�r�vic�ed o� vanda77sm, or for that matier any violations of law, should be held accountable for the�r acts. . Res�Gitution, wheiher it is time and/or money, should be strangly supported by parents, schaols, City GavQrnm�nts, State Legislatures, and the juvenile court system. Some prablems do exist in my mind that, I believe, have ta be dealt with . before the program can be initiated. In that the resolution has the weight of �the Anoka County Juvenile Court behind it, it could be successful as a deterrent program. Foremost in my mind is the probTem of providing quality supervisors for the ' juveniles. The success failure of the program will depend an the individuals supervising the workers. Where do yau find these supervisors and who should bear , the cost involved? Should the caurts assess supervisory cost fines against the juveniles parents to help defray some of the costs? Can the courts legally take • that approach? Other questions remain in my mind but the supervisory problem needs a great deal of thought before the resolution is passed. I don't believe ' the city or the school district is in a position to send one or more of their employees to work with any .number of workers who might be placed under their 3urisdiction by the juvenile court. . ' ,� ��� My experiences with similar types of programs in the senior high sc:hool have met with mixed success. Generally, �vhere the tasks to be accomplished were care- fully s{aecified and the supervisorTsi�rker ratio was low, the programs succeded. � The opposite resulted where my planning and supervision was poor. If it app�ars that the program is going to be operat�onalized it would seem that we should be involved in same of the early planning sessions. We will need to know many things regarding the courts exp�ctatians for us. 0 -2- [:� ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MIlVNESOTA BY MAKING A CHANGE IN ZOf�ING DISTRICTS The Council of the City of Fr-idley do ordain as follows: SECTION 1. Appendix D of the City Code of Frid1ey is amended as hereinafter indicated. SECTION 2. The tract or area within the County or Anoka and the City of Fridley and described as: . Lot 1, alock 1, Walnut Addition, lying in the North Half of Section 12, T-30, R-24, City of Fridley, Cou,�ty of Anoka, Minnesota, Is hereby designated ta be in Zoned District � known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area � to be rezoned from Zoned District C-1 (local business areas) to C-2 (general business areas). PASSED BY THE CITY COUNCIL QF THE CITY 4F �RIDLEY THIS DAY OF , 1975. ATTEST: MAYOR - William J. Nee CITY CLERK - Marvin C. Brunsell Public Hearing: June 9, 1975 First Reading: Second Reading: Publish........ _ u 7 ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CTTY CHARTER TO VACAI�E STREETS AND Ai.LEYS AND TO AMEND APPENDIX C OF 7HE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an alley d�escribed as follows: All of the East-West a11ey in Block 5, Spr�ng Brook Park Addition, that lies between Lots T-17, and Lots 32-46, All lying in the South Half c�f Section 3, T-30, R-24, City af Fridley, County of Anoka, Minnesota� Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purpo�es over the alley herein described and vacated. SECTION 2. The said Vacation has been rriade in conformance with Minnesota Statues and pursuant to Section 12e07 of the City Charter and Appendix C af the City Code shall be so amended. PASSED QY TNE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS DAY OF , 1975. MAYOR - William J. Nee ATTEST: ' CITY CLERK - Marvin C. 6runsell � Public Hearing: June 9, 1975 First Reading: � Second Reading: Publish. � ' �• '� - I. ORDINANCE N0. AN ORDINl�NCE UNDER SECTION 12.07 OF THE CITY CHARTER TQ VACATE STREETS AND ALLEYS AND T0 AMEND APPENDIX C OF THE GITY CODE The Council of the City of Fridley do ordain as follows: SECTION l. For the vacation of a street described as follows: Al1 that part of 76th Avenue N.E. located in Osborne Manor Second Addition, lying East of the East line of 5th Street N.E., Al1 1ying in the North Half of Section 11, T-30, R-24, City o� Fridley, County o� Anoka, Minnesota, Be and is hereby vacated except tha� the City of Fridley retains an utility easement over the entire vacated street righ� of way. SECTION 2. The said Vacation has been made in conformanace wi�h Minnesota Statues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS DAY OF , 1975. � ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: June 9, 1975 First Reading: Second Reading: Publish........ ' ' MAYOR - William J. Nee � ' ' ' City Cauncil ' City of Friciley 6431 University Avenue, N. E, Fridley, I�linnesota 55432 � � Attention: I�ir. Nasim M. Qureshi City Manager Gentlemen: 6300 Starlight Blvd, Fridley, MN 55432 May 13, 1975 Approximately two years ago I called the Ci�y Offices regarding what ' I believed to Y�p a potentially hazardous lacation at th.e intersection of 53xc1 Avenue and b�ain Street in Fridley. !�t that time I was told that action on intersections along 141ain Street on which complaints ' had been received wa.s being considered bu�t addiiional research was necess�.ry to determine proper hand]_ing of this matter. , ' � � ' , � The same conditions exist today as did then. It is still my feeling that many of the intersec�tions along Main Street, and in particular that of 53rd and Pr2ain, are most.hazardous, Drivers wishing to turn (in either dzrection) on io P�1ain must almos� half�vays enter that street before they can see �vhether there is oncoming traffic. The trees, shrubs, etc., ont3�e corners of this and other intersections make them almost "blind". I�Zain Street, of course, is a through street much of the way; therefore, �raf�ic moves quzte rapidly. It is my belief that action on situations such a.s these should be taken BEFOR�, not AFT�R, same serious occuY•rence. It certainly should not take a major accident to prompt o��icials to decide to do some- thing. This is far too of�;en the case, however, and is, I trust you'11 agree, most uniortunate. b�y observations ot� this, incidentally, are based on the �act that my office is located on hSain Street and I drive that route many times each week. Your atteni;ion to this matter wi.11 be g-reatly appreciated, Sincerely, � � r� -�s�-"' � �� . Doris E. I�utson � ' 0 10 � � � .. . . ' �05.154. Structurss in Yards and Courts ' Every part of a required yard or court shal� be oQsn and unobstruct�d by a.ny buildiny or struc��re, frotn its owest poi��t upward, except. as (ollows: . Acr,essory Buildings: Accessory buildings are perm�tted in a rear o� side yard on(y and shali be not Cios�r than 3 feet to any lot line, when not more than 15 feet in height, with one .dditional fook of distance required for �ach 3 fePi of additional height to a height limit of 24 feet. Accessory buifdings rnay centains one dwe�ling unik or survants or ona for pnvate guests or one ot each, but r;o dweNing u�ii for any other purpose is permitted in a rear yard. Accessory buildings shaff, in the aggregate, occupy not more tnan 35 per cent of the area of a required �2ar y?rd. 2. Eaves, Etc.: Silis, belt courses, cornices, buttresses and eavss may project not more than 3 feet into any equired yard. �. 8ordar Develo ment: Wa1ks ste s on round slo es retainin walls hed es and natural ro�.vth, fences, P , P 9 P, 9 � 9 9 aved terraces and paved areas, structures used omamentally or fer gardening or for private recreation urposes, and structurss for essent� i services, a:hen accessory to and custcmarily incidental to tha principai se. are parmitted in yards and courts, provid2d that a side yard strip 1-�!z feet in width adjoining the side {ine of the iot shail be unobstructed by any str�.,cture or feature, except a fence, that is hiyher t�an 2 feet above the �round level. No fence ar closely c�rown hedge bordering iot lines shall be more than seven feet in height in any ear or side yard. �fence or wall not exceeding four (4) feet in height is permitted within the limits of front yards. On a corner lot n a vision safefy control zone, no2hing shall be erected, pPaced, planted or aflowed to grow in such a manner as . to imped2 vision betrveen a heiqht of two and one ha{i (2�h) and ten (i0) ieat abovs the IPv2' of the curb nearast it in the aosence of a curb, the centerline �rade of tha inter,eciing street shail be used in lieu of curb level), abov� he vision safety control zone dnscribed as folloGVS: That areaRbou�ded by the street ricih! ei v✓ay lines of a orner lot and a s,raight line joininn points on said right of way I+nes twenty five (25) feet fro :✓' antersection of .__ __ said right of v�ay lines. Anything presently erected, placed, planted or aiiowed to gro�v in_; ;_rnanner as to �mpede vision in a vision safety zone sha;l be considered non-conforming untii June i , bu; shai! be or�ected bv trans�lantina or removed from ihe vision safetv zone before such data. �Porches and St�ps: Uncovered porches and steps to building entrances may extend not more than 10 fe2t nto any required front yard or rear yard and not more ihan 3 feet into any requirect side yard. Fire EscaQes: Openwork fire ba4cor,'ses and',ire escapes may extend not more ihan 1-'/z feei into a required �ard. , 6. Chimneys: Chimneys and flues may extend not more t.han 2 feet into a required yard. �05.155. . (ioulevards �. �,�-: ��tanance: The ground area between the street surfacing or curb and the City right of way line, is rs�gnate�i as the boulevard, and shall be properly maintained by the adjac�nt prop�rty owners. Proper a�r�te��ance shalf include proper grading and seediny or sodding. � Acc.ess: Access across the boulevard is restricted to driveways and sidewalks. Driveways shall be permitted, but restricted in size to be equal to the width of the driveway opening approved by �he City. S+dewalks shal{ be permitted at a width no greater than five (5) feet. Other Uses Excluded: Any type of surfacing or use except fqr the facilities mentioned is not permitted in the oulevard. �_J �� � 205.155 ( Strucfures In `� Yards And . Courts Bouievards 205-62 .. C . � � � ' 110. PUBUC NUl5ANCE 110.01. Mlnn6sota Statutes By Reference Minnesota Statutes Sections 609.74 and 609.7:5 are hereby adopted by ref�rence and shall be in full force and effect in the City of Fridley as if set out here in fuil. 110.02. Construction Work Nours It shali be unla�r�ful to engage in or conduct : ny activity in the construction af any buiiding or structure, or the laying of any pavement including but not limit�d to the making of any excavation, ciearing of surface land, and loading or unloading material, equipment or suppiies, anywhere in the City except between the hours of 7:00 A.h1. and II:00 P.M. on weekdays, other than Saturday, and excepi be�ween the hours of 8:30 P.M. and 5:00 P.P�1. on Saturday. However, such activity s�ali be lawful if a parmit.thsrefor has been issued by the City upon application in accordance with tha requirements of the paragraph beiow on permits. It shall be unlawful to engage in such work or activity on a Sunday unless a specia! permit for such Sunday work has first been issued. � 110.021. Appiication for a permit shall be made in evriting to the City Manager and shali state the name of the applicant and his business address, the location of the proposed work, and the reason for seeking a permit to do such work on Saturday or Sunday, as well as the estimated time of the proposed operations. i. No such permit sha11 be issued excePting where the public weffare wifi be harmed by failure to perform the work at �the times indicated. 110.022. . Nothing in this ordinance shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 110.03. Powers of Qificers Whenever in the judgment of the Healfh Authority, City Engineer, or Public Safety Director (or such other officers as may be detsrmined by the City Manac�er), he finds upon investigation that a public nuisance is being malntained or exists within the City of Fridley and within the respective fields of supervision as herein before set forth� they shail issue written natice to the owner or occupant and requir� him to terminate and abate said nuisance or to remove such conditions or remedy such defects. Service of said not+ce sha41 be in person or by mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posling a copy of the notice on the premises. if said nuisance is not abated within 10 days of the date of Issuance of said notice, the City official issuing said notice shaii' issue �n ordinance violation citation to the notified owner or occupant. 110.04; Abatsm�nt Of Nuisantes by Council If after s«ch service of notice, the party or parties faif to abale the nuisance or make the necessary repairs, alterations, or changes in accordance with the direction of the Council, said Council may cause such nuisance to be abated at the expense of the City and recover such expenditure, plus an additional ttiventy-five per cent �25°oj of such expenditure either by civil action aqainst the person or persons served• or if such service has been had upon the owner or occupant, by ordering the Clerk to extend such sum, plus twenty-five per cent (25%) thereof as a special tax against the property upon which the nuisance existed and to certify the s�me to the County Auditor tor collection in the manner as taxes and special assessments are certified and collected. 910.05. Penalties Any violatlon of this chapter Is a misdemeanor and is subject to all pena{ties provided for such violations under the provisions of Chapter 901 of this Code. . lOB 110.D5 Minnesota S4atutes By Reference Construction �Vork Hours Powers Of Officers Abatement Of Nuisances By Council Penalties ��0'� 0 C I'TY QF FR LDLEY PETITIt)N COVE12 SHEET Peti�ion N��. 12-1975 Date Received June 12� 1975 object Violat�on of �he fencin�code of Fridl� in so far as a Hazard. 0 Petition Checked By Percent Signing Referred to City Council. Disposition � ' Date � �,; I � I May 1975 � A � SUBJECTt VTUI.�TTON OF THE FENCING CODE OF FR ZDLEY IN SO FAR AS A HAZARD EXISTS. We tkle undexs��ned are convinc�d that the redwood priv�.cy fence on Janiaks property Ft 1b55 Mississi�pi St. is �.n €ac't a constant threat to the safety of the children in the ne�.ghborhood because of the loss of visibility from Koks dxiveway and from the corn�r of Mississippi St, and b2cKinley 51;. �pproaching the driveway. This nuisance or hazard coul.d be easily remedied by moving that portion of the fence alon� D�cKiri�ey St. inward two panels. '�his is a petition by the neighborhood and a genuine pl�� af utmost importance to us ell for action naw before a child is inju�ed. � ; ��� ��� } \`t '� ,,,,. ��Sj � -�,, t1�;��� `,=a� �� �� 1�� � �"i'�'L' ''�'''`� , �--- � � �`a����'a.� t-�����e\ \�`✓_�' ..� `� \� �(� `i�! 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UF� Z C� �UF Ti l� C ITY M11i'd�aGl.iZ � CITY iJf= FIZIi)l.f�Y i i �', � i��Ef�OR(�4���)Ui'�1 F��OP�� T�IE �CITY (���7i�JAGER �I � ' TO: PUBLIC WORKS DIt�ECTOR llY1T� : fr►AY 28, 1975 '��; VIOLATION OF FEIdCIPdG CODE PETITIOfJ � . . llC ' ` MEMO N0. DS-215 Respand by: 5130/75 cont. to: !-- �!- -� , Please ��eview the attached situation as given in the petition and come up with the appropriate course of action. (This tentatively is an agenda item). � fvf�li�Jms ' June I2, 1975 . Please see attached memo from Darrel. The existing fence is within ' Code�restrictions. Plannirtg Comm�ssion studying possibility of changing the Code in this area which would revise tnis section. At this time it appears there is nothing that can be done. Perhaps ' � . the installation �f "Caution - Children" sign might help. RNS/jm . � ,' , � I�� , � �I ' I ' � 0 � �, II' ; ; � � � r�t�o �ro : M�MO FROP�I: MEMO DATE: RE: r■�•� Dick Sobiech, Public Works Director Darrel Clark, Community Development Ad�-ninistrator June 9, 1975 FENCE LOCATED IN RET�R YARD OF 1'655 MISSISSIPPI 5TREET N.E. COMMENTS ON A4EM0 N0. DS-215 ' The occupant, Janiak, has construc�ed a privacy fence in his rear yard which does not exceed the 7 foot maximum allowed by City Code, Section 205.154 .{3). • The reported hazard due to sight obstruction is caused by the location of Kak's driveway at 6517 McKinley being adjacent to 3aniak's rear lot line. The only way to reduce the hazard is to remove the portion of the fence closest to McKinley Street, however, this cannot be accomplished by using the present code and I am not sure that a revision to the code restricting the fences and plantings adjacent to driveway to 30" maximum is p.ractical. For e�ample, I know that in rny own block, �here are at least 5 driveways with hedges or trees that obstruct vision to driveways. The Planning Commission is studying a fence code revision where in this instance, it would limit fence heights to a maximum of 4 f_eet, mainly.for aesthetic purposes, however, this would not satisfy this petition. DC/cs Attachments (2) � �. DARI2EL CLARK Community Development Adminstrator ' 1 ' ' � � . �....� _: . �.........,�.._,.-�...�..�..,�,.. , ,... , , , , , , . . .. . . �ra�'uai�K:ai�'.a.+a'wTA�i:k`a�.�&arrlaao6adt..k.'�',cf,5+�91,aat,b,s.C�w�k+tilasi�l.ti,»f':tin�4�la�e:+a".:...• .��;,.I�:� .�iti,il3,i:£s.±�r+«s:i.s�.,L.t<3A:ti o. 205.154. Structures in Yards and Courts Every part of a required yard or cou�t shall be apen and urobstructed by any building or siructure, from its lowest point upward, except as foifows: 1. Accessory Buildings: Accessory buifdings are permitted in a rear or side yard only and shall be not closer than 3 feet to any lot line, when not more than 15 feet in h�ight, with one additional foot of distanca required for each 3 feet of additional height to a height limit of 24 feet. Accessory buildings may contains one dtiveliing unit for servants or one for private guests or one of each, but no dwelling unit for any o:her purpose is permitted in a rear yard. Accessory buiidings shall, in the aggregate, occupy not more than 35 p=r cent of ihe area of a required rear yard. � ` 2. Eaves, Etc.: Silis, belt courses, cornices, buttresses and eaves may project not more than 3 feet into any required yard. � ' �I �� 3. Qorder Development: Walks, steps on ground slopes, retaining wall;, hedges and naturai growth, fences, paved ierraces and paved areas, structures used ornamentaily or for gardening or for private recreation purposes, and structures for essentia{ services, when accessory to and cusfomarily incidentai to the principaf use, are permitted in yards and.courts, provided that a side yard strip 1-�/2 teet in width adjoining the side lin2 of the lot shall be unobstructed by any structure or fcature, except a fence, that is higher than 2 feet above the ground level. No fence or closefy grown hedge bordering Iot lines shaii be more� than seven,feet i� heighi_�n,.any . n,_... �. ._ _ . :. :__., ,� _ _,_,a.:_� . ,.,......_ � �:..,.. rear or s�de yard � _-,,... =.:...�s,:..e:r _ . ��� �u.-..._ _ A ienc or wa11 not exceeding four (4) feet in height_is_permitted within the limits of_front yards, On a corner lot .. ..� , -_ . _. - ,__ �, _, ,in a vi�ion satety controi zone, nothing shall be erected, piaced, planted or 211owed to gro4v in such a manner as to impede vision bet�veen a height of two and one half (2�/z) and ten (10j reet a�ove the {eve4 of the curb nearest it (in the absence ot a curb, the centerline grade of ihe intersecting strPet shalf be used in lieu of curb levei), above 'the vision safety control zone descriped as folfoU�s: That area bour,ded by the street right of way lines of a comer lot and a straight line joining points on said right of way lines tw2nty five (2.5} feet from the intersection of said right ef way lines. Anything presently erected, p!aced, pianted or allowed to grow in such a manner as to impede vision in a vision safety zone shall be considered non-conforming ur�til June i, 1971, but shail be � , corrected by transplanting or remov2d from ihe vision safety zone before such date. 4. Porches and Steps: Uncovered porches and steps !o builo;ng entrances may extend not more than 70 feet � into any required front yard or rear yard and not more than 3 feet into any reyuired side yard. 5. Fire Escapes: Openwork fire balconies a�d fire escap2s may extend r,ot more than 1-%2 feet into a required , yard. 6. Chimneys; Chimneys and flues may extend not more than 2 feet into a�required yard. llE 205.155 � Structures in � Yards And � Courts �.. , 205.155. Boulevards Boulavards �. �':� +�tenance: The ground area between the street surfacint� or curb and the City right of way line, is ues�:;nate�i as the boulevard, and shaft be prope,ly maintained by the adjacent property owners. Proper ' ma�r�te�:ance shall include proper grading and seeding or sodding. 2-Access: Access across the boulevard is restricted to driveways ar.d sidewa{ks. , Driveways shall be perrnitted, but restricted in size to ba equal to the width of the driveway opening approved by ihe City. 'Sidewalks shalf be permitted at a width no greater than five {5) faet. ,3. Other Uses Excfuded: Any type ot surtacing or use except fqr the fac,ilities mentionad is not permitted in the bouievard. � ;� R ?� �� � � .�3 'l� � , . . � ' , ' CITY OF FRIDLEY � PLANNING COMMISSION MEE7ING JUNE 4, 1975 Page 1 At 8:00 P.M. only Chairman Harris and Mr. Lindblad were present so there wasn't a quorum to begin the meeting. f�r. Peterson was expected for this meeting, but he had informed administration that he ��lould be tardy due to a previous commitment. � At 8:40 P.hi. Chairman Harris said �hey would start the discussion an the first item on the agenda. � , 1. PUBLIC HEARING: REQUEST FOR A SPECIAL I)SE PERMI•T, SP #75-04, TNOMAS MILES: To aliow construction of a 24 ft. x 30 ft. greenhouse, per Fridley Ci�y Code, Section 205.051, 3;1�, to be located on Lot 16, Auditor's Subdivision No. 22, , zonea R-1 ;�ing1e family dwelling areas), th� same being 137Q Rice Creek Road N.E° � i , � , ' . ' � �J ' ' 'I '�i � , Mr. Thomas Miles was present. Chairman Harris explained that the Public Flearing couldn't be opened until they had a quorum. , Mr. Clark explain�d that on Fr�day, May 2, 1975, N{r. t�liles was in our office, as he vtas�previous to that date, asking about building a greenhouse. We never discussed that loca�ion or the size of the greenhouse. h1r. Clark continued that he improperly assum�d that Mr. Mi1es ���as talking about a typical greenhcuse that you see i� the rear yard of some residences in �ridley. On May 5, �-�hich was a Monday, someone from our City staff drove by 1370 Rice Creek Road ard called i� ta our atiention where this greeniiouse 4•�as beir�g constructed, which d�as in the front yard at 1370 Rice Creek Road. Mr. Clark said that when he researched the records, he realized it was ihe greenhouse whieh Mr. hiiles had obtained a building permit �'or on May 2nd. h1r. Clark said he t�ren went out and pu� a stop work order on this construction, and infarmed Mr. Mi1es that he would need to reguest a varian�e for the location of �his greenhouse which would be 33 feQ� from the street right of way, and a request for a Special Use Permit, because this a�as a secand accessory _ building that was over 240 square feet. Mr: A9iles made both trese requests, and the variance w�s =�ecoi�men�ed for approval by the Board of Appeals subject to the Special Use being approved. � Mr. Clark said that Mr. Mi1es had originally asked if he could graw planting stock and sell it. Mr. Clark said he told him that he could not. Once Mr. Miles was delayed, he decided he might as well ask for the Special Use Permit that would allow hirn to do this, and that was what the Planning Commission �vas hearing at this meeting. Mr. Miles was asking to construct this greenhouse and then be allowed to sell pl�nting stock from this greenhouse. Ne said that there a�ere no neighbors at the Board of Appeals meeting objecting to this request, and there was no one present a� this meeting with anyobjections. Mr. Clark said that if 61r. Miles was granted this Special Use Permit, he though it should be stipulated that no one outside his immed- iate family could be hired. to help Mr. Miles grow this stock, and he shouldn't be allowed to bring stock from other location to sell from this greenhouse. He should just be able to sell �vhat he grows himself. Chairman }iarris said this should be operated as a typical home occupation. ' ' LJ ' � ' i � , ' 12 A Plar-�ninc� Corrunission Meetin�- June 4, 1975 Pa�e 2 Mr. Mi�es said he thought Mr. Glark had explained his position quite t�iell, bui. in regard to the stock, he would have to purchase the parent stock to get this greenhouse going. Ne said he would like to get this Special Use Permit as soon as possible, because he a1read� had inves�ed aver $1,000 in this praject. He said he already had most of the structure up. Ne said he had drawn a rouyh sketch to obtain the building permit, and it had been issued, so he had started construction right away. He said this sketch did show that it wou1d be in the front yard. Mr. C1ark said the staff did ma�e the error., Mr. Miles was granted a building permit, and he did get permission to go ahead, which he did in go�d faith. Mr. Clark said part of the reason the error tiA�as made was that both times Mr. Mi1es � came �nto the office at City Ha11, there were about five people at the counter, and we were trying to help all of them at the same time. Ne said that if more time had been given to Mr. Mi1es, and the location had been discussed, we would have known right away what he needed before the building permii was issued. Mr. Clark_ said that when he was given the building permit to sign, he did look up the roof design, and sti,��alated that the roaf 1oad had to be 10 pounds per square foot_ Mr. Miles left City Hall on Friday with the bui1ding permit, and on Monday, a�st�p vrork notice was posted. Mr. Clark said that he didn'i think the Planning Commission and Council should grant this Special Use Permit, just �aecause the staff made an error. We made an error, and we just have to accept that. He said that legally, Mr. Miles has stated that he already has an $1,OOO�investment in this corstruction, and it was already half up, so we might have some r�spdnsibility there, if this was de�ied. Mr. Clark said this.Special llse Permit should be considered as if the construction hadn't been started. Mr. Miles said he ' praperty and they had one neighbor. had discussed this with �he neighbors on both sides of this no objection. Mr. C1ark said they have a written. agreement from ' Mr. Narris askec� h1r. Mi1es how he proposed to sell stock from this greenhouse? Mr. Miles said heintended t� sell from the s�ite, and he ��orked for a wholesale florist and thought he could se11 some of his stock there. ' Mr. Harris asked how he would get people to come to this 1ocation? Mr. Miles . said he thought he would put up a small sign or� the greenhouse. '4e said he didn't . think parking would be any problem because they have a large lo� tirith two horse shoe , driveGVays. Mr. Clark said they had between 400 feet to 500 feet of driveway on this property. - � ' ' ' ' Mr. Miles said he would be propagating his own stack from parent plants. Mr. Clark said the house at '1370 Rice Creek Road sits a long way back from the road, as does the house on Lot 15. He said the house on Lot 17 faces Central Avenue and was quite close to Rice Creek Road. Mr. Clark said the reason for the location of this greenhouse was because the lot was heavily 4vooded. There was a row of evergreens between the greenhouse location and the street. Just beyond the greenhouse, there a�ere a lot more trees which makes a very shaded area. Where Mr. Mi1es wants to locate this greenhouse was the only open space where this structure could get the sun. Mr. Wyman Smith, who was present on another request, pardoned himself for butting into this request, but f�e said as far as he knew, there should still be a statute on the books that permits anyone raising farm produce to se11 it most � ' ' � �� Planninq Commission Meetinq - June 4, 1975 � Page 3 any place, and he thought that still applied. He said he knew the present zoning codes may have had some modification, but our original zoning codes, and the origina.l zoning codes for all communities, did have greenhouses as an allowed use in a residential district. Mr. Fiarris said it was the size of this greenhouse that required a Special Use Permit. It uras over 240 square feet, and it was a second accessory building. Mr. Richard �{Jallin, 6761 f�adison Street N.E.; a friend of Mr. Miles, said that ' this was just a temporary building that would on1y be up about five years. Mr. . Harris asked if this would be anchored down. Mr. Clark said it would. ' �� L� , L� � I1 � ' ' i Mr. Miles shawed the plans far the greenhouse. .There were posts that would be anchored in the ground. The bullding had metal hoops that would be draped with a special plastic for greenhouses. Mr. C1ark said the definition in the City Code. doesn't differentiate between a temporary and a permanant building. � Mr. Peterson came to the meeting at 9:00 P.M. and Mr. Harris said they could naw follow normal procedure, as they had a quorum. CALL TO ORDER: u Chairman Narris calle� the meeting to order officially at 9:00 P.P�I. ROLL CALL: Members Present: Harris, Lindblad, Peterson Members Absent: Drigans, Pleissner Others Present: Darrel Clark, Community Development Administrator James Langenfeld, Ex-officia Member MOTl"ON by Lindblad, s-econded b� Peterson, that the PZanning Comm?ssion open the Pub.lic Hearing on the request for a Special Use Permit, SP #75-05, by Thomas Mi1es. Upon a voice vote, a11 cyoting aye, Chairman Flarris opened the Public Hearing officially at 9:02 P.M. . Chairman Harris brough Mr. Peterson up to date on the discussion. h1r. Peterson asked if �here was any objection from the neighbors on this req�fest. Mr. Harris said no. Mr. Clark said Mr. Miles was a student at Anoka Ramsay studying horticulture, and he wants to practice this at home. Mr. Miles said he intended to transfer to the University of Minnesota to continue his education in ihis field. � Mr. Langenfeld said he had one question for curiosity's sake. He asked Mr. , Miles if he had insured this greenhouse? He said he was an insurance underwriter and he thaught this wauld have to be insured as a commercial venture. Mr. Miles said he thought it was covered under homeowners insurance, and he thanked Mr. , Langenfeld for calling this to his attention, and he said he would check on this because it would be quite a large investmer.t for him to lose. -� IJ Mr. Lindblad asked Mr. Miles if he would agree to dismantl� this gre�nhause 1 i ' � Planninq Commission Meet�inq - June 4, 1975 PaQe 4 �C and dispose of it, if he should �uit this business, and not use it for any other use than as a greenhouse. Mr. Miles said that was all he intended to use this build�ing ior, and if he went out of business, he �rould sell this greenhouse. MOTION by Lindblad, secanded by Petexson, tha� the Plannin� Commission rlose the Public Flearing an the request for a Speci.al Use PermiC, SP #75-04, by Thom=s Miles. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 9:10 P.19. ' MOTION by Peterson, seconded by Tindblad, that the Planning Commission recorrunend to Council approval of the request for a Special Use Permit, SP �75-04, by Thomas ldiles, to allow construction of a 20 ft. by 3_5 ft. greenhouse, per Fridle� , City Code, Section 205.051, 3, A, to be ZaGa.ted on Lot 16, Auditor's Subdivision No. 22, zoned R-.Z (single family dwelling are�s) the same being 1370 Rice Creek Road N.�. with the followinq stipulations: � � ' , � � ' ' � i ' � � '' I. Alo on-street parking be allowed on �ice Creek Road fox this operation. 2. When this is no longer used as a greenhouse, it must be removed. 3. The greenhouse be propertly maint�.ined. 4. Petitioner only be a.Zlowed to se11 products he propagates in this greenhouse. I 5. This be considered as a home occupation, and no one outside the immediate family be allowed to work in this gree.nhouse._ UPON A voice vote, a11 voting aye, the motioll carr.zed unanirnously. 2. PUQLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �75-05, BY LJIN STEPHENS DATSUN NURTH: To per�nit the sale of new and used cars, per Fridley City Code, Section 205.101, (3,B) and (3,G) in a C-2 zone (general business areas) to be located on the North 126.01 feet of the East 200 feet of Lot 3, Block 2, and the South 173.99 feet of the East 2Q0 feet of Lot 2, Block 2, a11 in East Ranch Estates 2nd Addition, tt�e same being 7810 University Avenue N.E. Mr. l�yman Smith, Mr. Ro1and Benjamin, Mr. Bob Schroer and Mr. Tim Hol were presertt. MOTION by Peterson, seconded by Lindblad, that the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #75-05, by Win Stephens Datsun North. Upon a voice vote, a11 voting aye, Chairman Harris declared ti2e Public Hearing open at 9:12 P.M. Mr. Clark said that basically this �,vas the same operation that they had been discussing for some time ti�at was to have been located at 7701 East River Road, but now it was going to be a completely different location. The petitioner has 4vithdrativn his request for the old location, and this new 1acation was going to be just north of the Town Crier Pancake House. He said there were a couple of items that the petitioner would have to take care of before they could start construction, if this Special Use Permit was approved. One was, that they have to appear before Building Standards which��vas was scheduled for .)une 5th, and the other was, that they wou1d have to apply for, and get approval for, a lot split or a plat. The Planning Corrnnission have previously approved lot splits for both the pancake house and Capp Flomes, and this locatior� fits that plan which Mr. Schroer had shown us, and which might go into effect at some future date. ' P - J ne 4 1975 Planninq Commission �eeting u , � � L� , � �D Paae 5 Mr. Clark sai� the plo� plan preSented shows that the plan meets all the setback requirements for boih the building and parking. Because of the easements on this property, the location of thn building was somewhat restricted. When this request gaes to �uilding Siandards, they will be going over ihis plan more thoroughly on the landscaping, parking, and how the building will loak aesthetically. What the petitioner.��rants from the Planning Commission was a recommendation, so they can go to the City Council and get a decision from them. Mr. Wyman Smith said that Roland Benjamin and Tim Hol 4rere present, and they would be running this operation. There �•�as some urgency in getting approval of the Special Use Perrnii because they want to break ground around the lst of July, and be in operation about three months after that. He said this new building was going to be better for the petitioner than the oid bui�ding they a,�ould have had with the first reques� for a Special Use Permit. Mr. Harris asked if they had the elevations on the plot plan? t�r. Benjamin � said they didn't have that information for this meeting, but they wou1d have it for the 8uilding Standards meeting. � � i Mr. Harris asked how large this building would be? Mr. Benjamin said it would be 8,000 square feet. Ne said �he building on East River Road ��as 10,00Q square feet, so they would have had about 2,000 square feet of wasted space in that building. The 8,000 square foot building meets the Datsun requirements. He said that it was interesting that the land cost and building construction cost would be abou� the same as if they could have started operations at the first location. This was because it would have been costly ta bring the old building up to the City requirements and the Datsun requirements. Mr. Clark � Benjamin said be glass. The will be flat, asked Mr. Benjamin what the new building 4vould look like. Mr. it wou1d be a block building except for the show floor �•�hich would side that faces the highway will have a brick effect. The roof with a mansa rd effect all around this roof. � Mr. Harris said �hey would have to come back to the Planning Commission on the request for a lot split. �1r.'Benjamin said they didn't want to request a lot split until they exercise their option to purchase t��is property. htr. Harris ' asked Mr. Clark if this �vould hold them up in getting started on this projec�? Mr. Clark said he had talked to Mr. Benjamin before this meeing, and if this came to the Planning Commission on their meeting of June 25th, it would go to the Council � on July 7th, and this was close enough to their prapased starting date. He said the previous week was the 4th of July week, and he didn't think there would be much construction that week. � � ' � , Mr. Clark said that after the lot split,�the parcel that remains will have to meet the requirements of C-2 zoning which was 20,000 square feet. Mr. Bob Schroer said the proposed service road could be swung to the South so it went along the l�1in Stephens property. h1r. Na�rris said it would change the setback requirements if this service road a�ent right next to the property. Mr. Schroer said he could leave a 20 foot strip as a boulevard for this service road then. Mr. Clark said he should give that 20 foot strip to lJin Stephens, as they would probably have to maintain it. Mr.5chroer said he would, if they char�ged the service drive. Mr. Harris asked if they would have enough room on this parcel for the new car�� used cars and customer and employee parking? Mr. Qenjamin said they had ' � � 12 E P1annZ_Tn�C__Commission h1eetinc� - June 4, 197a Page 6 an acY� of land at their I.694 site ti�rhich ti�tas adequate, and they ti��ould have an � acre�: and a half at this site, so he said he didn't 1:hink tP�ey �rould need to f�ave 4ny additional land for storage of cars, � � � � ' �J � � � � � � � L_ J � � Mr. Harris sa�id he noticed that there was a dra-inage and utility easemenE right dotvn the cen�er of this parcel, and he 4��ondered if this would pose any problems, hlr.. Clark said it v��ouldn't as they could use this for parking or for a drive:vay. �Mr. Lanc�enfeld asked Mr�. C1ark if they had gotten any response from Spring Lake Park. Mr. C1ark said they hadn't. Mr. Langenfeld asked if they intended to do a great deal of service work, because he noticed that they had 9 service stalls. P�r. Benjamin said that was one of the Datsun requirements, and their intention was to keep these stalls busy if possible. He said they knew they wouldn't need this many sta1ls ���hen they firsi s�arted the opera�ior�. MOTI07J b� Lindblad, seconded by Peterson, that the Planning Commission �1ose the PubZic Hearing on the request for a Special Use Permit, SP #75-05, by iJin Stephens Datsun North. Upon a voice vote, aZ1 voting aye, Chairman Harris declared the Publ,ic Nearing closed at 9:27 P.rl. MOTION by Lindblad, seconded by Peterson, that the Planning Corrunission recommend to Council approval of the request for a Specia.Z Use Permit, SP #75-05� by Win Stephens Datsun North, to permit thz sale of new and used cars, per Fr.idZey City Code, Section 205.1t?1, (3,B) and (3,G) in a C-2 zone (general buszness areas) to be .Zoca�ed on the North 12b.01 feet of the East 200 feet of Lot 3, B1ock 2, and the South 173.99 feet of the East 2�D feet of Lot 2, Block 2, a11 in East Ranch Estates 2nd Addition, the same bezng 7830 University Avenue N.E., with the following stipulations: Z. Subjec� to the review and recorrrrten�ations of the Building .5tandards- Design Control Subco�nmittee. 2. Subject to the approval of a 1ot spZit. UPON a voice vote, a11 voting aye, ihe motion carried unanimous3y. �Chairman Hart�is said they w�uld go back to the first part of their agenda now that the Public Hear�ngs tivere over. . APPROVE PLANNING COh1MISSIOiV hiINUTES: P�1AY 21 , 1975 MOTION by LindbZad, seconded by Peterson, that thQ Planning Commission appxove th� minutes of their hlay 21, 1975 rneeting as written. Upon a voice vote, aZ1 votinq aye, the motion carried unanimously. . RECEIVE 60ARD OF APPEALS MINUTES: h1AY 13, 1975 MOTION by Lindb.Zad, seconded by Peterson, that the Planning Commission receive the �?oar.d of Appeals minutes of the May 13, 1975 meeting. Upon a voice vote, aI1 voting a�e, the motion carried unanimously. , �F � Planninq_Commission Meeting - June 4, 1975 Paqe 7 � � � RECEIVE PlIRKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: h1AY 19, 1975 MOTION by Pe�erson, seronded by Lindblad, that the Planning Commissior� receive the m_inutes of the Parks � Recreation Subcommif:tee meeting of May .Z9, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimvus.Zy. RECEIVE 6UILDIfJG STANDARDS-DESIGN CONTROL SUQC0�1P�1ITTEE MINUTES: MAY 22, 1975 MOTIDN by Lindblad, second�d by Peterson, that the Planning Cor�nission receive the minutes of Bui2ding Standards-Design Control Subcommittee meeting of May 22, 1975. Mr. Narris asked about the request by Ceco. He asked if this ���as an addition. Mr. Clark said it was a new building that was the second phase of their building program. The third phase would be for the of-fice building. He said they were anxious to get their entire operation into Fridley, but it was a question of financing. UPON A VDICE VOTE, all voting aye, the motion carried.unanimously. 4. REORGANIZATION OF THE PLANNI�aG COMMISSION STRUCTURE , Mr. Clark said they intended settins up a meeting towards the end of June that would include a11 the members of the Subcommittees of the Planning Cammission. They planned to have this meeting start at 7:0� P.M. The first hour, the separate � Commissions ��au1d meet to pick their chairman and vice-chairman. Then at 8:00, they would a11 meet together to discuss Lhe duties and responsibilities of each Comm.ission. � Mr. Langenfeld asked if ne�r chairmen would be picked each year. Mr. Clark said each Commission would vote for a chairman each year and it would be up to �hem how long each chairman served. I5. DISCUSSION l �� � r , ' Mr. Lindblad asked what was happening on the billboards? Mr. Clark said he didn't know. He said Nagele met with ihe Council some time in May. He said that he had heard that the Counci1 didn't want to rezone for these billboard�, and he thought the Planning Commission ��ould agree with that. As far as he knew the Speci�l Use Permits woulcl still have to be processed. � Mr. Harris said that Mr. Langenfeld had received a certificate from a seminar and he thought the Planning Commission should rec�-ive it, and �t should be included in the minutes, . . � �- . MOTION by Lindblad, seconded by Peterson, that a copy of the certificate earned by �7ames Langenfeld from North Hennepin�Col.Zeg� be incZuded in the minutes of this meeting, Upon a voice vote, a1Z voting aye, the motion carried unanimously. (See �age 8 for the certificate) " Mr. Langen�'eld said he had really enjoyed this serninar and it 4JdS very up- to date. They had covered ordinances, land use, laws and growth management. i � Planning Commission t�1eetinc� - June 4, 1975 __ � � I . � �' � _ . 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'. -- -. -? �'S:,'::; ,_ ;� ,., � ,� � s_� � �� j �` J� - ',s�/;,a•'3�: .. `.'G'.t7�: .�� � � �ti 'i . t°�� , . _ ,. � s- o aoa„e, Given at Norih He�nepin efl7n�nzcnity College this ZS�th day of_:,'a-� Nineteen hun�red and sevenly-i � ve Of f i c i a l_,Sign a t u r e s � ` �--�� o �°/���!---,.�._ �� ,` �. � ��Q�t--� R� � / PftE510ENT , , .. � .1 T' � 1.-li!z..L �L��.� DIREC70fl Or COM4ilikiTY SEfiVICES � •' v �. v A; _ /� ^�"'� . ..�..�.�. .� ". . .1 . �...b. � ( 4 � \�. � � '�y/ �� •�'� /�::• :C�, =%' . LiTM711v U-5.4. ADJOURNt�ENT: 1�IOTION BY Lindblad, seconded by Peterson, that the meeting be adjourned. Upon a vo.ice vote, a11 voting a�e, Chairman Harris decZared the Planning Commission meeting of June 4, .Z975 adjourned at 9:50 P.M. Respectfully submitted, ��/ � - �,7 �,-- 1 `%�"Y� ,Z.ie�lc-i-7c-G �"���C�i•=✓C7`-� DOROTNY EI�Er�; N,'Secretary 1 1 { f ` _ t � -._`-� � _ _.__.___ ___ _ _. _ � .__ ._.__. n �' � � I i __ _ _____._._l _. .. _ __� .. ► 1 � ---__ � � ; L_�__._ . _ l , � , i � _.�__ i �° °� �:`? . ���LL � _:. �-... � .. . ,3 � , � --. ... ._ .� 1. _ ___.. _. ! fi._ _--___---� G�l__.�: � ��:;-�:,� ��; �° ���:., ,�..�.... ; 12 H � - __; __ � � � � � �- _- . .� ,� ( � i � ' ' � TFiF I�IINUTES 0� TFiE BOARD OF APPE�LS SUBCOMI�IITTEE T�iEETING OF MAY 27, 1975 , The meeting was called to order by Chairman Drigans at 7:40 p.m. I rMEPIBERS PRESENT: Drigans, Crowder, Plemel, Wahlberg MEMBERS ABSENT: Gabel OTHERS PRESENT: Howard Mattson, Engineering Aide ��MOTIOi1 by �aahlberg, seconded by Plemle, to approve the minutes of the May 13, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. 3� A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: (1) SECTION 2 05 . 10 3, 4, A2 , TO P,EDUCE THE SETBACY. REQUIkED F�JR A MAIN BUILDING FROI'I A. ,PUBLIC RI�HT Or ti`1AY F�20i'� 80 FEET TO 72.19 rEET OI1 i'HE SOUTH SIDL, AND � 2 S�CIION 205.103, �, �2, TC REDUCE TFiE SLI'BAC1</REQUZRED �'GR A i•iAZi1 BUILDIP3G FROM A PUBLIC RIGHT OF 6aAY FROr1 80 FEET TO 54.55 FEET Oi1 THE -GIEST 'SIDL, AND, 3) SECTION 205.103, A.?_, TO REDUCE THE SETBACK REQUI�ED F'QR A MAIiv BUILDIAIG FROM A PUBLIC RIGHT OF 6�1A.Y FROii 80 FEET TO 72.1g rEET OP1 THE NOR`�H SIDE, ALL TO ALLOW THE CONS1RUCTION OF AN OFFICE BUILDING GIITH ACCESSORY 4^IAREriOUSE SPACE TO BE LOCAlED ON LOTS 1 AND 2, BLOCK 4, GUNDERSON 'TERP.ACE ADDITION, 1HE SAME BEING 74'Ll CENT;2AL AVEPIUE N.E., FRIDLEY, MIN�IESOTA. (KEQUESI BY A.J.L. � S INVESTr1EId1, 7500 UNIVERSITY AVENUE N.E., FRIDi�EY, NIi�1NESOTA. ' MOTTON by Plemel, seconded by Crowder, to open the public hearing. Upon a voice vote, there being no nays, the motion.carried. ' Mr. Ervin Johnson, of A.J.L. � S. Investments, was present to present the xequest. � Mr. Johnson showed the board a plot plan and explained the layout. Mr. Drigans asked wnat vehicles will be parked'in -the parking lot. Mr. Johnson explai.ned that this would only be for office personnel.. � Mr. Plemel inquired as to what is behind this lot. Mr. Johnson said there is an empty lot and residence. �r. Drigans asked if there was �presently a structure at 7451 Central Avenue. Mr. Johnson said that was not. that there �Mrs. Wah]_berg asked Mr. Johnson whether he would be using the warehouse himself. He explained that two or three people would be using it. This would be rented out. Mr. Drigans asked Mr. Johnson what he would do if he found tenants, and the City Council did noi confirm it. He explained that � they are not going any further until it is cunfirmed. Mr. Drigans said that he couldn't find anything in the code that allows a warehouse in commercial zoning. He added �hat this would be more suitable in a C2 area than in a G1 area. Mrs. Wahlberg suggested that it may be more suitable if the term warehouse was eliminated and the term storage ' was used instead. � 0 � ' . Page 2 �A , TI-iE P�IITIUTES UF THE POf�RD OF APPEALS SUBCOi�MITTEE MEETING OF Mf1Y 27, 1975 �, Mrs. Wahlberg,asked whether Mr. Johnson anticipai:ed storing any heavy equipment there. He said no, and tha-t there would be no outside storage. ,,Mrs. Wahlberg asked Mr. Johnson to explain his operation. Mr. Johnson said that he was a dry-wal�, contractor. '� Mr. Drigans asked Mr. Johnson whether he could manufacture any of the�e materials in the proposed building. He said that he couldn't. It is a rrcoming and going" operation. , Mr. Drigans asked Mr. Johnsan what type of vehicles bring his inventory in. He said it is mostly hi.s own light trucks. He said his partners' trucks were similar to his. , Mr. Johnson explained that he woul.d not be fabricating or spraying in the ' warehouse. � There was further discussion concerning whether or not this was proper zoni�g ' for the use in question. � , Mr. Mattson referred �the board to Article 205.101, Uses Permitted. He stated that for most of these uses, it was qui-te appropriate to have � accessory storage space. Mr. Drigans said that there was some confusion as to what a warehouse was. There is a fine line that needs further interpretation. Mr. Drigans said ' that if they ask for a legal opin�on, they may end up requiring rezoning. Mr. Mattson said that there could, perhaps, be a distinction made as to ' the size of storage facility allowed within zoning other than industrial. Mr. Cro�ader asked Mr. Johnson what would happen if he would have to make that building 8 feet shorter. He said that he has two trucks, and he would�'t � have enough room to get them in. , MOTION by Crowder, seconded by Wahlberg, to close the public hearing. ' Upon a voice vote, there being no nays, the motion carried. Mr. Plemel said tha-t i.t appears that the intent o� the owner is to use 'this as storage. However, he felt that it should have some clarification. Mrs. Wahlberg said that the problem is that should this owner sell, the new owner may do something else. ' MOTION by Crowder, seconded by Wahlberg, that the Board recommend to the City Council approval of all three items as stated. Upon a voice vote, , there being no nays, the motion carried. There was discussion on what is, and what is not a warehouse. The�question is, does it fa].l within the C-1Scode? � MOTION by Crowder, seconded,by Wahlberg, that before the City Council acts, it be determined, in fact, tha.t the "office - warehouse" under question constitu�tes proper use of C-1S zoning. Upon a voice vote, there being . '' no na s, the motion carried. Y ' � . Page 3 �� ' TFIE I�IINUTES OF TI-iE EOARD OF APPEf1LS ST�BGOMMITTEE T�EETING OF T�IL1Y 2.7 , 197 � I��' ., A RE UEST FOR A VARIANCF OF SECTIOTI ?_ 0 S. 15 zN , 1, FRIDLEY CITY COD� , TO ALLO?-. � AN AC�ESSORY }3U=LLDIT�G GR,c.�hrHOUSE TO BE BU1L1 IN TH.E FRONT YAI?D INSTFAD Oi' C THE ��Ef�R OR STDE YARD AS fZEQUlRED, AND, SEC�r=CON 205.153, 2, TO REDUCE i':i�, �� AVERA�_�E FRONT YARD SETBACK F�ZOM 77 FEEi' TO 32 FEET, TO ALLOW THE CUP�iSTi UCT'��':J � OF f1I�1 C�CCFSSQIZY �UTLllIN� ( 20 F'EET x 35 FFET TO BE LOCATED OTd I,OT 16 , � AUDI�l'U:�Z'S SUF3DIVISLON �F�2, TFiE SAME BE�i1G 1370 �:ICE CREEK RO��L' i�d.E., FRIDLE-_', �' �MIiVP�. (R.t�QUL;ST BY T-iK. 'i'i-IUP�I.AS P�ILES, 1370 P.ICE CREEK ROAD N.E. , FRIDLEY, MIl�i�1ES0i'A. ) ',MOTIOi�1 by Pl.emel, second�d by Crowder, to op�n the public hearing. Upon a voice vote, there being no nays, the motion carried. ' Mr. Thomas Miles of 1370 Rice Creek Road was present to present the request. �.t His mother, Mrs. Dorothy Miles, was also present. 'Mr..P'liles explained that the construction of this greenhouse has already •begun. He explained that he had obtained a building permit. rlr. Drigans asked what the hardship was in this case. Mr. Miles said that � he had no other place t-o put it. - Mr. Drigans asked �a?�ether he was growing plants for commercial purposes. �Nr. �iles answered that he was told that he would have to have a special permit for this. �Mr. Crowder asked whether the greenhouse was structurally complete. Mr. Miles said that it wasn't. However, it.is anchored down with�stakes. This was very long and tiresame work. 1 Mrs. Wahlberg asked what Mr. Miles intended to cover it with. Mr. Miles said that he intended to use cl.ear plastic. Mrs. Wahlberg pointed out that Mr. Miles would have to diffuse a certain amount of light at certain � times of the year since this is intended to be used 12 months a year. � Mrs. Dorothy Miles said that her son had crecked with Fridley before ,beginning construction. He received a building p.ermit. ��Ihen he found that �his had been a mistake, he put a s,top to it. 'Mr. Drigans asked whether he had started this as a hobby activity, and now Sat� the commercial possibilities. Mr. Miles responded that he just wants it to be able to pay for itself. 1 Mr. Plemel Mr. Miles af tex� all � asked if Mr. Miles could set the s,tructure bacic at all. said that he didn'-t want to spend another three days moving it the work that had gone into it. Mr. Drigans asked whether Mr. Miles had any plans to protect it. He was concerned abou-t children climbing up the sides of the structure. , Mr. Tliles said that he didn ��t have any plans at the prest�;it time . He added that -the neighbors on.bo�th sides don't have any interest in the greenhouse. They don't care whether it is there or not. ' � � P pc'i�;n 1� G ; TH� MINUTES OF THE BOARD OF APPEALS SUBCOi�iP'ZTTEE MEETING 0� MAY 27, 1975 �` Nir4 Dri�ans said that Mr. Miles will have to ge-t a."special use permit . because he is in the wrong zoning. ',, ' P�Ir. Miles explained that he went into dEbt for it. The kit cost him about , $1100. ,Mrs. lrlahlberg asked Nr. Miles if he was planning to have cement foo-tings. He said that he was thinking of using white rcck. '� She also asked about drainage. He di.d not respond. � � ' Mrs. Wahlber� asked how Mr. Miles planned to accomr'�odate numbers of people ��,as far as the commercial end of this goes. Mrs. Miles explained that they have a large driveway. Mr._Mattson ex�l.ained that a staff recor.zmendation was that there be ��nothing sold out of this greenhouse -thai wa� not grocan there . MOTION by Plemel, seconded by Growder, to close the public hearing. � Upon a vo?ce vote, there being no nays, the motion carried. The members of the board discussed the fact that there are a number of ,trees on the lot. This allows Mr. Miles only one general area on which to build his greenhouse and still provide adequate sunlight. They considered the fact that Mr. Miles has spent $1100 already. ' Mr. Plemel said that ihe fact that neither of the two nei hbors had g complained; was a good point in Mr. Miles' favor. Mr. Plemel added that ' there should be some drainage. There should be some thought given to ii. MOTION by Plemel, seconded by Crowder, to recommend approval pending action , by the Planning Commission on a special use permi�t. � 3. A REQU�ST FOR A VAFIANCE OF SECTTON 205.053, 1B, FRIDLEY CITY CODE, TO 'R DUCE 'Z'HE MZNZt1U11 UOT AREA R�'QUI�ZED, ON A L01 RECORD�D BEFORE DECEi�13ER 2 9, 19 5 5, �'RONi 7 5 0 0 SQUARE F'EET 10 5 5 0 0 SQUARE PEET , TO ALLOW THE CONSTRUCTION OF A DG�I�LLING TO BE LOCATED ON LOTS 49 ��1D 50, BLOCK T, ,RIVEhVZE4�� HEIGHTS, THE S�ME BEING 628 GLENCOE STREE'I' N.E., FRIDLEY, MINI��ESO`i'A (REQUEST BY 1RI-CO BUILDERS, 7555 VAN BUREN STREET N.E., FRIDL�Y, MIP1i�IESOTA. ) il`�QTION by P.lemel, seconded by Crowder to opens �the public hearing. Upon a voice vote, there being no nays, the motion carried. �Jim George, of Tr�.-Co Builders was present to presen�t the request. Nr. George showed the board plans i�or the proposed structure and explained that this dwelling will be a split entry,c$,�12 story building. �, ' A.number of people from the neighborhood came farward to view the plans. One of these people, Mr. Gerald Steinhorst, oi 616 Glencoe Street, explained II � ' � � Page 5 � D k, T�iE P•1INUT�;S OF THE �OARD OF APPEl1LS SUBCOAZMITTEE MEETIAIC OF PfIf1Y 27 , 1.97 S x o . �, �' that this property line is 12 feet fro;n his door. He definitely opposed the idea of having a structure so near hi� home. It was exp_lained that the va�^iance applied to the size of �the house and that all s°tback requirements , � wPre being met. � _ ' i ' Ariother concerned resident of 600 Glencoe Stree-t explained that he had c,�or}:e.:l to get this building code establ.ished, and he felt �that it shouldn't be changed �to meet the needs oi czrtain individuals. Mr. Drigans said that in the case of a landlocked, ::�0-foot lot such as this, construc - tion of a hause on �that 50 feet is allewed. , Mr. George said that his comgany had purchased these loi:s in 1967 and 1908 with the idea that they were building sites. He said that they were told th�y could build on a 5Q-foot lot. Ano�ther concerned resident felt that this could be a fire hazard. She asker why a code was wr.itten for 7500 square feet if it wasn�t to be kept. Mr. Drigans exp�ained that there is a grandFather clause which states that construction may take place on a 50-foot lot in certain ins�tances. , Mr. Crowder asked what the additional 50 feet of land would add to the tota- cost. Mr. George said -that this would rnean an approximate difierence of $4500. � P�Ir. Drigans ��ked whether this lo�� was located �.n the Flood plain. • Mr. George said that this was a few blocks cown. He added that proper �drainage wotzld be used. A concerned resident stated that he had had proble:�s with that before in another case. Proper drainage had not been used. 'P�iQ1I0Id by Wahlberg, seconded by Crowder to close the public hearing. Upon a voice vote, there being no nays, the mo�tion carried. MOTTON by Wahlberg, seconded by Plemel, that in view of the hardships ' expressed by the purchaser of the landlocked p'iece of property, and in view of the fact tha-t he has asked for a permit for a building which rneets all other codes, we recommend approval of this variance to 'allow construction on this piece of property. Upon a voice vate, there being no nays, the metion carried. �A RLQU�ST FOR A TINIE EXTLi1SI0N ON VARIANCES OF THE FRIDLEY CITY CODE THAT �-iSD PR:k�VIOUSLY Br'E�`I APPROVLD; 1) SEC'i1ON 205.074, 3, 1'0 R�DUCE 1HE R� uIRED LAUNDKY SPE`�C� r'R02�1 1900 SQUAn� F'EET TO 1110 SQUARE FEE1 , AND, � 1 SiC`I' 011 ?_0 . D` 1� , 1D, TO REDUC i'i� T'� ' �;`' �' E " E MLNIA�IJ�I WIDT�� OF P�R�II � S`lALLS i� k i 0 9, _ FEE`i`', AP�iD, 3 SLC`i'IOP� 2U5.114, 4, `I'� IPICR�ASE TH?� � �f L �1C I;r C:�' A PAKTrI�;id TS ALLO+.IED FRUi�1 3 APARTi�ir�N`TS `i0 30 AY�Rii�iErdTS, i , �(.1 Ut�l ZU�.O 3, 1, A2, '1'0 K�;D�iCE TIlE T1Ii�1IMUr1 LOT AREf1 PER Dti�)ELLiNG ,RUM 2 S 0 0 SQU�IKE FEE'T TO 17 21 . 5 SQUARE FF:ET TO ALL06�; THE CQNSTRUC- `.PTON OF AN 144 UNI`I' APAR`i'MEP1`.r COI°1YLEX TO BE LOC�IIED ON TIiE EAS1 FIALF OF THE NOT;THEAST Qt1ARI'ER OF' T�i� SOU'?'IiLdLST QUARTER Oi" SECTION 14 , T-3 0, R-24 , 'X�_;P`.1 'I'F1I; 'OU'I'H 8.0 FF.,�'!' '1'iIEREOF, AND EXC�;PT PE1RCk:LS A ANll �3, THE SAME �3 ING BORDI;KED bY 3Rll f1VENUE ON THE �OUTFI, MISSISSIPPT S`I'REE1 ON Tf-IE NO�;TH, 7TH S'.CREE1' ON `l'I�E EAS�i' Ai�1U 5`I'H S`1'RF.ET Oi3 THE �a�.S`i`, `I'F�E S11ME BEING 6451 - 5i:� 'STREE�I' PJ.�::. , FRIDI.�EY, i•1INNESOTA. RI�QUEST-}3Y TIif: �dF�LL CO�ZPORA`1'ION, 8200 �IOf�iIAI�Dl1L ' L�OULL-;VA1�D, k3LU0MINGTON, MINNESOTA 55�E37. , . . ' Page 6 � E � ,� ' : THE P'IIidUTES OF THE BO�RD OF APPEl1LS SUBCOMCOMM:CTTEE MEETING OF MAY 27, 1975 � � F � II�� � el �ro o�en the ubl,ic hearing . Upon � MOTTON by �r7ahlberg, seconcled by Plcm , � P v�ice vote, there bein� no nays, the motion carried. � f the Wall Cor oration and Frank Reese, of Reese-Rova � �r�d Wall,o P � rchitects were present to present the request. � r. Dri�ans asked for clarification as to what the hardship was. He also ; asked why it has t�ken so long to start construc-tion. �` k �Ir. ti�lall said tha� financino was the major problem. They are being � f inanced -throu ;h FHA financing . He explained that �they have resubmi�t-ted � it,and it should have been out three or four weeks ago. � � �rs. Gdahlber asked them when they first applied for it. Did they l�ook into - g � this right after Council approved the plan? They said.ro, they didn t. ; �r. Crowder asked if there was anything the Wal1 Corporation could d� f until a reading comes hack fxom the FHA. Mr. Wall said that the� are � ,in the evaluation stage supposedly. ' � Mr. Reese said that the financing people wlll look for anything they can to �avoid insuring you� loan. Mr. Wall explained that if FHA were to turn this project down, there are really not many other places they could go. FHA has not financed many ,projects in the past months. Mr. Drigans brought out the point thai at the time the variances were i ' granted, the Wa11 Corporation said tha�t they were ready to start buildi.ng. Mr. Tr7a11 said if FHA turns ihem down, they would go to ihe Minnesota ' House of Financing. - ; ' Mr. [aall exp lained that these thin�;s iake so 1_ang, that the proj eci is not feasible by the time it can fi_na11y get going. He added -that the Corpora- � tion evaluates this on a week by week basis. . Mrs. Wahlberg suggested -that someth.ing rriighi chang� in �he market tha�t ' would change the project, thereby, multiplying vari.ances. i Mr. Reese said that we are dealing with a long term market and that � neither he nor r�r. Wall thought they would have to change any�hing, Mr. 6+lall was asked about the P.-1 Lots around the perimeter and if that had chan�ed at all. It'was explained that these lots had been pla:tted ' as shown and when approved, that would be it. t°1r. Wall said that several people had shown an interest in purchasing these , lots as a group for development. MOTION by Crowder, seconded by Wahlberg, to close the public hearing. ''�Upon a voice vote, there being no nays, the motion carried. , I�� ' . ��I � TfIE , ' Page 7 Nt3TES OF TFiE BO�RD OF APPE�ILS SUBCOMMITTEE MEETSNG OF MAY 27 , 19 1� �',' P�i0T2 d by Wahlberg, seconded by Crowder, �that the Board grant the reque5t for e time extension of -the varian��5 by the 6�Jall Corporation. Upon a ', � voicF• vote, there being no nays, the motion carried. A dis ussion on trie Menard's sign followed: ' MOTIO by Wahlberg, seconded by Crowder, that the Council reconsider grant�ng Menard's a variance on their message center sign; and if they s�till felt the same, to consider rewriting the City Code to allow signs �with lashing lights. Upon a voice vote, there being no nays, the mo-tion carri d. � ADJOU NMENT � The m eting was adjourned by Chairman Drigans at 10:50 p.m. ' Respe ttully�itted, � � ..� � % ��� �� � ��� '`____/ Holly Tonsager ' Recor ing Secretary m l3F � � � � ' ' �_� ' ' �J , ' C� ' ' ' ' ' � THE MINUTES OF THE QOARD OF APPEALS SUQCOP✓MITTEE MEETING OF JUNE 10, 1975 7he meeting was called to order by Chairman Drigans at 7:35 P.C�{. MEM6ERS PRESENT: Drigans, Gabel, Pleinel, Kemper MEMBERS ABSENT: Crowder, Wahlberg OTHERS PRESENT: Howard Mattson, Engineering Aide The approval of the May 27, 1975 minutes was waived unti] the next meeting. 1. A REQUEST FOR A VARIA�CE OF SECTION 2Q5.053, 4A, FRIDLEY CITY CODF, � TO REDUCE THE AVEf�AGE FRONT YARD SETBACK FROP� 35 FEET TO 10 FEET TO ALLOW THE CQNSTRUCTION OF A SINGLE F/�i�ILY DWELLING, LOCATED ON LOT 6, QLOCK l, HEf�TNER HILLS, 2ND ADi�ITION, THE SAhiE BEING 1410 KERRY CIRCLE, FRIDLEY, MINNESOTA. REQUEST BY i�9R. MIKE 0'BANNON, 5298 FILf�fORE STRErT N.E. , FRIQLEY, MI�dNESOTA. )� MOTION by Gabel, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, secanded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the moiion carried. Mr. Mike o"Barinon was present to present his request. He stated that �.because of the location of the lot, which is in an area where the grade of the lot falls away so fast Gvith the variances, that it would be a hardship to place a structure on it. Ne said he will still need 2 feet of fill for a walk-out basement. He also moved the cul-de-sac 10 feet to the north, which causes a very large boulevard of 29 feet. Chairman Drigans asked Mr. 0'Qannor� whether or not the cul-de-sac was in, and he replied that it was roughed in. Chairman Qrigans asked if any other lots were sold and Mr. 0'Bannon replied that one lot was sold, and no other houses were built on the rest of them. One lot belongs to someone else, and that party deeded certain land to the city, at which time he also deeded a lot. Chairman Drigans asked if there were any other problems with these 1ots. He replied, none at all. There was one house built in this area and Mr. 0'Bannan pointed it out on the map. He also pointed out that the lots he owns in this area are not for sale. Pictures were presented tl�at were taken from the back side of the proposed house, showing how far back it was because of the incline, probably a drop of 20 feet. fle said he would still have to put 30" of fill in just to have the house level with the lot. Chairman Drigans asked if there were any objections. There were none. l4 [� � ' , ' , ' � � ' , � � ' ' Page 2 The Minutes of the [ioard of Ap�eals Subcommittee Mee�:ing of June 10, 1975 MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, seconded by Premel, to recommend to the City Council approval of this variance. Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 205.153, 2, FRIDLEY CITY CODE TO REDUCE THE AVERAGE FROTdT YARD SETBI�CK FROP�i 67 FEET TO 31 FEET TO ALLOI�J -rHE CONSTRUCTION OF A GARAGE AND BREEZE�JAY TO BE ADDED ONTO THE FROfdT OF THE EXISTING DWELLI��G LOCATED ON LOT l, BLOCK 1, STINSOPJ BOULEVARD�ADDITION, THE SAME BEING 7540 STINSON QOULEUARD N.E., FRIDLEI', MINNESOTA. (REQUEST BY MR. MARLEN MILLER, 7540 STINSON BOULEVARD N.E., FRIDLEY, MINNESOTA.) MOTIOt� by Gabel , hearing notice. motion carried. . seconded by P1eme1, to waive reading the public Upon a voice vote, there being no nays, the Mr. Marlen Miller tvas present to present his request. Chairman Drigans asked why he wanted to build such a large addition to his exasting garage. Mr. Miller stated tl�at he needed 30 feet for this addition so he could pursue his hobby, which is carpentry, and use it for a a�orkshap. Chairman Drigans asked what he proposed to do with the existing garage. He stated that he would use it for his work- shap. Chairman Drigans asked if there was a house on the other iot that didn't belong to him. He replied that there wasn't. He was also asked what was located to the south of his property. He stated, nothing. Alsa who lived in the house located �o the north of his property. Ne repl�ed Dennis Schroeder, who had signed an agreement stating that he had no objection to this proposed construction. Premel asked about this area. Mr. Mattson explained that the area had been replatted, There were originally tvao lots of 120 foot frontage. These were divided up into three lots of 80 foot frontage. Mr. Miller was as;ked how many feet from the back of his house to the north. He replied 35 or 40 feet. Mrs. Gabel asked h1r. Miller ' back instead of the front. enough room, only 10 feet. if he ever considered adding onto the He said he had but there wou1dn't be � Chairman �riqans asked why he wanted to p7ace the garage this way, and why not turn the garage around the other way, then he wouldn't ' have to have a variance. h1r. Miller stated that the houses are set � back 70 feet plus. Mr. Mattson stated that in case of large set- backs of this nature, the setback is determined by averaging the setback of houses on either side allowing plus or minus 6 feet. ' � l4A ' 1 � Page 3 The Minutes of the Board of Appeals Subcommittee Meetinq of June 10, 1975 . Chairman Drigans asked if he talked to his neigh�ars regarding his ' intentions. There were no objections. Chairman Drigans asked why Mr. Miller had only Mr. Schroeder sign the release. Mr. Mattson replied that would be the property they would be encroaching , on. It is the concern of the neighbor closest to the structure that is proposed that is affected by this matter. Chairman Drigans asked Mr. Miller if he intended to use his existing garage as a workshop and , he answered, yes. Discussion follo��ed as to loca�ion of front door and driveway. � � ' ' ' ' � , ' � L_ I ' MOTIO�V by Premel, seconded by Mrs. Gabel, to close public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. P1eme1 stated �Lhat if one neighbor object�d, he l�ould have some second thoughts on this variance. Mrs. Gabel stated that she wasn't sure that she would approve this variance in an area where all of the houses were placed back so far. Chairman Drigans stated that he wants a double garage and he has no other place to put it but in the �'ron� yard. He would go along with the request as long as fa1r. h1iller uses his existing garage as a hobby shop and not as a form of employmeni or far commercial purposes. Also it should be covered with the same ma�erial as his house. MOTION by Premel, seconded by Mrs. Gabel, to recommend to the City Council, ta grant the variance in this case fram 67' to 31 feet to allo�v corstruction of an addition to garage and a breeze�,vay, with the stipulation ti�at the garage be of the same material as that of the house and to have it blend in as well as possible. Chairman Drigans specified that it is i;he requirement of the City Code to have the driveway hard-surfaced. 3. A REQUEST FOR VARIANCES OF THE FRTDLEY CITY CODF_AS FOLLOWS: SEC. 205.063, 4A, TO REDUCE THE AVERAGE FRONT !'�'�`�D SETB�qCK FROM 35 FEET TO 2Q.5 FEEi, SECTION 205.065, 2, TO REDU�::_ THE f�UMBER OF THREE STALLS TO Tl�JO STALLS, ALL TO ALLOW THE CONSTRU C�TON OF TEN DOUBLE GARAGES TO t�E LOCATED AT jFIE FOLLO��JING LOCATIONS: LOTS 11 , 12, 14, 15, 16, 17, 1�, 20, 21, 22, f3LOCK 2, ��dI�GEL'S t�d00DLANOS ADDI7ION, THE SAME 6EING 7463-7�65 AGLE STREET N.E. 7447-7449, 7417-7419, 7401-7403, 7379-7381, .7365-7367, 7349-7351, 7325-7327, 7313-7315, 7301-73G3 ABLC STREET �1.E., REQUEST BY PORTFOLIO RE�.LTY, INCORPORATED, 2469 UNI:VERSI7Y AVENUE, ST. PAUL,_ 1�1I��i��SOTA 55114)-. MOTION by Chairman Drigans, secanded by �rs. Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. l4 B ' ' � 1 � ' u , Page 4 The Minutes of the [3oard of Appeals Subcommittee P�eeting of June 10, 1975 MOTION by Drigan� seconded by Plemel, to open public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Brad Johnson, representing Portfolio Realty Company was present to present his request. He stated there urere no single �amily dL,rellings on this street, that they were al1 double bungalo�vs. The reason for requesting these variances was that they felt it would be a tremendous improvement to the property. At the present time, there is no place to park and also no place for garbage or storage. It is rental property at the present time. Ne also stated that most tenants have t�NO cars, and the ordinance requires three stalls, wi�ich wou1d diminish space for tenants and would cause an increase in rentals. l�lso, this would eliminate the tenants parking on the street. If t�e conform to your requirements, we have ta stay all the way back and be anly five feet from the hou�e, thus further disrupting the backyard area. By setting the garages back 2Q 1/2 feet, we increase the backyard area and also allow for a sidewalk should the city decide one is needed. Mr. Premel asked what was behind these bungalows. A Mobile Homes ' Court. 'Mr. Johnson stated that if they were permitted to construct 2 1/2 car garages (22 x 22'), with separate stalls, they could reduce the cost difference. The cost of each garage will run about $3,000. The ' project would run them about $50,Q�0 or $60,000. He said there were many nice homes across the street. ' There was discussion about the this was to provide additional clean-up and landscaping of the � � ' � � � � ' blacktop. Mr. Johnson off�astreet parking and who1e back yard.�� stated that was part of the A Mr. Donald Sjurseth of 7�4Q Ab1e Street stated that he and several other members were there because the public hearing notice said some- thing about a front yard setback. This caused them to think that the qaraye��were going to be built in the frar�t yard. He said that they now understand that because of the two streets baf:h the front and the back yard have to be considered as front yards. With this explanation, they had no other objections. Mr. Ralph Klingl of 7364 Able Street fV.�., stated that he had one of the better homes there and anything they could do to improve the situation, he would be all for it and for the neighborhood. We hope this will bring in a better cliental inta the neighborhaod. He also noticed much improvement within the last few months. Chairman Drigans asked if there were any other questions. There were none. He then asked Mr. Mattson if the staff had anything further to add. Mr. Mattson stated that the plans Mr. Johnson has described seemed to be quite adequate and certainly an improvement. The staff a�as mainly concerned about upgrading the landscaping. What Mr. Johnson has proposed seems quite adequate. 14C Page 5 The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 Mr. Drigans s�ated that he was concerned about �he narrow 6 foot space between these garages. He felt that these migh� end up being refuse areas. There was some discussion regarding increasing the sideyard setback to five feet which U�ould provide 10 feet between the garages. Mr. Johnson replied that this was a possibility otherwise he could probably put a fence between them. MOTIQN by Plemel, secanded by Mr. Kemper, to close the public hearing. Upon a voice vote, there being no nays, motion carried. MOTIOPd by Gabel, seconded by Mr. Plemel, to recommend to the Council, approval to reduce the average front yard setback from 35 feet to 20.5 feet and to reduce the number of 3 stalls to 2 stalls to a1�Vow the construction o-F ten double garages. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairma� Drigans at 8:30 P.M. Respectfully submitted, „ .r'"� � �� ��� s C�' �., 1.�.�-%. ;-� �,_�e�-�� C�SMIRA SAEFKE j� Se�r-e�ta ry �'� l4 D 0 � � � �`��r���or s �'� ��i��e�te �-'� � , CO�tSTOC;�C �C llr1`✓IS, INC. ConsultinJ TJnnineers and Laild Surveyors 14��C County C:oad J, 141��15., Iti'Ii�iti. 55432, 78�-934C � �•� � F'or: Mr. ��1i ke 0' Qannon Proposed House oca io . / �ot G, Glock 1 eather Hills 2nd Addition -� - aP --' �' °- �ri dl ey, f�ii nnesota � ►- / ii�e -- - �` b� � � I • C urf� / ._-''��� � , �`� ��(�"���Y � CIl�'C! E / \� i , / � �o_ �i . � / 1 {� '�,�o ' � \ �Gl • �f1 / \ �� / w'�2� �- �� �� 3O ^ ^, 1 ' ¢��� � �° �,-a,�os��11�, �; Z �� " / � f � _� 4.� �-__- sa-- -� xi's�:�g d.:z�naqe y`' _ _ _ _ ,� .t �fi/i'�y easeme�f - ` ' `^ ,�,. Propose �i drair�aye p, `�,,,,, .� a, vi`i/i�r ec>Serrl��r� Y � � \� Board of Appeals Item #1 .,� �,�` io •� / . , � •..� �� - �.5:��- - — .ZI� �D � Legal Description: Lot 6, 61ock l, Hea�her Ni11s Second Addition 0 SCALE: /'" = 5'O. p-- c�e�o�e s iro� rno��rn�n7� • I hercby ccrtify lhat this survey, plan or re�ort was ��repared by me or under my direct SLljlGiYlSlOi1 and th.it I am a dt�ly ltcoistered Land Surveyor under tlie laws of tlle 5tate af htinncsata. ,��� _!���-.�,s�y iop.�z _ �/z/�.� _ 33 90 ItcE;. No. Uctte Job No. WILLI.�M,U. SCF-lOcLL RE015"fERED CtVI� ENGINEE� I 'MIN�I. ^�V 1169 S!1. [�AK 73� WIS. HO. E 5176 FlUH�OA h0, 627� NO. nAK. 6<J Nu'ri. NO. Inlb•E _ SC�IC)� �L an�i 1�1AllSt�N E"NGIt�iEEftS AND SURVEYORS 2fi2'J LOUISIANA AVENUE . MINNEAPOLI5 26, MfNN. WFyr 9�04a4 C������C��� �oR: �(�. ��w;`����ti ,:,-,, ; � � i j ;. . ,�. �,,,s I : i ,- �� ����� �� �NG �S�T��� 62-`�1�� ���2� GARLISLE TytAD50tJ REOISTER£D LANO SUHVFYON II , MINN. NO. � �, so. n�K. � 1� � W13, HO. R• � IOWA No )77S '. ND. hAK. 1106 MOMT. NO. 17�1•9 Board of Appe ls Item #2 � � " R►."T56+ � • . �Jj�L� .. _ — — 7}'61— — � , _ _ - � � � �� � � � � � � �� I � ` � tii R. ��' �,,.., . . � . . . : �... . . . , 13r� 2� .. , . .. , , , , . . . . ,� , , , . • l�`�.� r ... .. - F ;' . �` � �, � �'�r o 3 0 � 'j`_ `; � a �� l _—�—._— ' �. . - � . GAatzc.� __ � i __ • ��'� s � , - �—__ — - � � � O O N • ��. ��� � ' �. • � 'y�e.,��— I_'",� ;"t_ _ _ _ 1 — '---��. i � 1 � � ` �.i t - % __� .`�` � � . �^� �`` � � _�_�� : i �• i . .� •• . . . • � � � i ^� �..� �� �..�. �..�•� � ' \ J .. . . . .._ _._ . .__..__ ... . _... �-` _ ,, _ _ . . _ _ __ - � .- — - - � _ __ , ,. . . . _ . _ , . . . . - - .�. _.. .-- .. _ ` "_ ' ' '.. . . . . . _ � . . . _. _._ � .... .� .-... _._`._.. .-.. � - .- �.:.,. �... -"'. _ - . , . . . . � _ _ . . -. .. . .. ' . ' � . . _ . . . . . .. ' . ` ., . ... �99.39'-�= __ 'Xr ��TA'?�Li:�i-tU�� �Y �JU��O�`�/ �- De�ot�s Iro� Mor��rnQnts =���,r - _ � . . _ .. wL� .�-�• _ _ ' �3� ���Q �� ��5�� t WE FiEREBY C�'RTIFY THA7 l'FilS IS A TftUE AND CQRF�EGT RtPRESENTAitOt�: OF A SURVEY O� TFiE BOUNDARf't5 OF: Lo} ?, B;oc'� I � Sprirt� l.�k� Park l.�keside �Anok� Count�a Min�t.� ANC� OF 7HE LOCATION OF ALL HUII.Dtf�GS. IF ANY. THERECN. AND ALL VISIBLE ENCROACHM�NTS. IF ANY. FROti', OR ON SAIQ LAND. � �2 AS SIIRVEYED f3Y US T}-!1S ����' �� 0�����r - •»-"-=— . � ���� a��� � � LAND SURVFYOR. MINN. R[G, NO. 4374 . ' � ' � . .. . � . .. ... . ,. ... .. ..--'...,,.r. � � � � ��� , ; , ...-- ._.. - - - -._._.. . . , ._..` � , ��� �---._ ...� _ f t � ; '�' � i � -- _ t :. _ ._�... '--�..: _ _... .. _ . _. ' _ � ._- -.. . _. .._ _ __ __ _ _ � ��. , . : . � _.. ___ _ .� . . .__ ` -- - {_ _--- , � � --� -- --- _ _ .� --- ' �, __ .__...__ . .__ ..�.__'- � . ___._._.._ _..___._..��_. _. _ '_ _._.___.___'__ _'____ . _ .._'_. '.._ . . . "_ �..__._ �_._. _. . �_. __._.._... . _ t '.._�..__._.. . . . '_' _".._'_..'__Y t "_. . _ _....___... . _ _.. . ' �_. . _. _ . �_ _ _ . . _. _..-. i _ . __"_ "_' _�'..." _ "'_..._._ .. _....._ .__.__.._ _.._._ "_" j '__--~ � h .,. .. � _ , � ` __.. _.._._- - - - -- � � �� . - _. __. __ . .. _ . _ .. ._ ._ .. - -- ----- � � . � _� � � -- -- ----------------- -------.. - - -- - ---- � ._._ -------------.__ _----------- - ----- �' . - -- - ^'�r __ \ --�--------- ._ _-- - ...---- --�--- �_�--- ..r�----------- - -- --;% � - -- . —�------------- --- ----=--- •----------- . d :_- -- - ------- ' � fi._____-______?_ . _________;_,_. ___.____ __.___ ._ _ .._ . , _ __ __ . . __ � _ � h, r__ ..._..._.. .. . ._ ..:.. . . ........ . .... .. .. ..... _ .. ... ..._. � ; ��. � '� _ . _ ti .. � . .'. . �_. i -. � _' .�._ ._._ �� _. _ �1`� �-- � G� i _ t,� _ ' ,�� -� _._ ��v. _ � __---f- --- -. __...�-...-.-- _.. � _ . ._..: 14 G Board of Appeals Item #3 I _ _ _ __ _ _._. _ _ . _. ._ _ �; ��������rar.N�r 14 H Board of Appeals Item #3 I', .Uc.7V,v�S ScN�;�v� n.��? , owner of tize property �ocated at `'/J � G� N< S i ii✓s��n. have no obj ec�ion to the City allowing the construction of a CFs-,�,q� �- to be located at 75 �/ O . l✓� Si/�✓Su�✓ without the required certificate of survey that the City ordinarily requires for all new cor,struction. r . �� � . Siynature %�� � i�1f� � % iNSC,�/ . . Address � � J �,,� � � � 7s . iy"r. R-��� j,'� c� � W� ness pate 0 0 0 ' � ENVIRONMENTAL QU�LITY COMMISSION MEETING , MAY 27, 1975 I MEMBERS PRESETdT: Jim Langenfeld, LeeAnn Sporre, LeRoy Oquist, � Tom Sullivan, Bob Erickson ' ' � , � �J MEMBERS ABSENT: Russell Houck, Mary Martin OTHERS PRESENT: Mayor Nee, Jo�n M°linka, Jerry B��rdman Chairman Langenfeld opened the meeting at 7:40 p.m. MOTION by Mr. Oquist, seconded by Mrs. Sporre, to approve the minutes of Ap.ril 29, 1975 as written. Upon a voice vote, all voting aye, �he motic� carried unanimously. Chair;nan Langenf.eld wanted to discuss, shor�; ly, setting the next � FEQC meeting for June 10, 1975, for the purpose of discussing the Rice Creek Watershed Management plan. Mrs. Sporre moved that the Commission approve the following: WHEr�EAS, very few citizens of Fridley have been given the oppor-tunity to see or evaluate the overall plan for �aater management of the Rice Creek Watershed District; and WHEREAS, the actions within the Rice Creek Watershed District affect Fridley's real estate and natural resources because of Fridley's �irial position in the creek ehain. BE IT RESOLVED that the City Council conduct public , hearings on the Rice Creek Wa-tershed Mariagement Plan and that the plan be made available for study and publicizing its availabllity. � � Mr. Sullivan seconded the motion. Chariman Langenfeld called for discussion. Mr. Oquist stated that he had received the information on the Watershed Management but_didn't know what it was, or if he was supposed to review it for their meeting. Mr. Boardman stated that this had gone to the City Council with a recommendation from the City administration,and the City Council felt that it should be given to this Commission to look at the environmental effects. What we 1ia nded out to you is a summary of . the report since the report is about 216 pages long. Upon a voice vote, al1 voting aye, the motion carried unanimously. � , � .. , '� t ENVIRONM�NTAL QUALTTY COMMISSION MEETING, PZAY 27, 1975 PAGE 2 1 John Melinka from the Minnesota State Planning Agency was present ' to discuss the decentraliza�tion of the Minnesota Envirorlmental Quali-ty Council and the es-tablishment of a model environmental ordinance. Mr. Melinka brief7_y discussed the most recent develop- ' ment as far as the establishment of the�_r rules and regulations. He stated that their basic intent is to bring in the environmental review process at a poirit early in the development stage of the project instead of atter the project is almost completed which � is the case now. He said that out of 40 assessments reviewed by the State EQC, 17 were required to prepare an Environmental Impact Statemeni. Of those 17 statements, only one had any effect in , changing the project. This was because the developments were too far along in the development stag� to require substantial change. � �! `I i� � C� � �J , � , � � � i � ' He said that c:'.�out ?50 of the projects that they reviewed were local issues and did not need State review. For this reason, they felt the decentralization would pTace the environmental iss�ues in the process where the initial permits are granted. �A Mr. Boardman stated that the decentr.alization will require the City to enforce those requirements of the Minnesota Environmental Protection Act. They hav� established a list of projects requiring mandatory Environmental Impact Statements of which we must monitor and direct to proper ager�cie� for the issuance of required permits. If the City so chooses, they can adopt an ordinance that is more restrictive than the State requirements. However, the mandatory list set up by the State is what we would base our minimum requirements on. Mr. Melinka said that the amount of local_�control over their own environment would be the option of the community. He said that he would hope that each community would eventually set up an environmentally sensitive plan that wo�zld be certifi�ed by the State EQC. If this plan was set up, it would eliminate the require- ment of environment assessment reviews. Mrs. Sporre asked if an assessment wauld stop the action of a developer the same as an EIS? Mr. Melinka stated that an assessment does not stop action. However, the purpose of the decentralization is to bring out environmental concerns before constiruction begins. Mrs. Sporre felt that by allowing the cities the option on environ- mental planning, they would be weakening �he process. She said that it would eliminate strong State pre-emptive powers which she thought was a check on communities that the ordinary citizE,n could fall back orz . Mr. Melinka stated that there are only so many things that can be. forced down t7ie local government's throat. He felt that if the list � � � ENVIRONMENTLIL QUALITY' COT'�MISSION MErTING, �IAX 27, 1975 ' �� �'AGE, 3 of mandatories is expancied to encompass local issues, it would be a step in the wrong direction. With this new process, you as a citizen would still have a recourse to appeal a decision on impact to a hearings officer appointed by the State �QC, Mr, Boardman said, as he sees it, tYiere are. four possible alternatives or directions the City may take. 1. Not take any action and establish only that ordinance on the EIS process as is required by the State under the �decentralizatian of the EQC. • 2. Establish an ordinance more restrictive than what is prese-�tly required by the State under the Environmental Protection Act. 3. Review environmental concerns on a project-by-project basis and require an environmental clearance work sheet for each project reviewed by the City. 1 4. We could prepare•an environmentally sensitive p?an for the City in order to preserve those areas that are sensitive to development prior to the start of any development. ' � � �, ' � LJ He added that if we would choose to follow through with alternative #�+, we would probably w�ant to set up an interim review process until such time a plan can be completed. Mr. Nee asked,if a p3.an was set up, would.it be done geographically? Mr. Melinka said that it probably would initially, but this could reflect population needs as well. Mr. Nee said that there may be some conflict with the zoning ordinance. We already have some environmental concerns written into the zoning oridinance. Mr. Boardman thought that this may work with an overlay district similar to the flood plain which maintains the zoning districts as is, but place additional requirements in the overlay area. Mrs. Sporre asked if public hearings would be held on all plans request- ing certification from the EQC so that rieighboring communities would have a chance to comment. Mr. Melinka said that it could be set up that way. Mr. Boardman suggested that maybe the best way to move at this time would be for him to get �together with the people at EQC and try to � ENVTRON�ENTAL QUALITY COMMISSION MEETING, MAY 27, 1975 PAGE 4 set up a framewark in which we can work, then, bring it back to the Commission to see if we can develop a workable solution. MOTION by Tom Sullivan to adjourn the meeting at 11:G5 p.m. Seconded by LeRoy Oquist. Upon a voice vote, all voting aye, the motion carried unanimously. The next meeting will be June 10, 1975.� Respectfully submitted, �: � `�' �� �� %��'� � � ` ����� �,� Jerry Boardman, Assistant Planner 0 �c d' ' � ' � �.-- ; ��' %��� 7 � � � ' � ��,� o - ;3-��l �� �2 � �6 ��2: «l��i/ � %'�.�,»��- �� _S�l,� ,�-�2, , . ; � �i ,, C� c" -� L�'rr� rzc'�c. C%%�L ?�z,����:��� . (�_/ ^ �L�.'`.'- i `.-� C:�'- � 'L-Z'�4.-(�� . 4�./ C � C. .. �" c� �rz.- t ��{'-v.:l..��� �� :J ��.� ,�f �� �'Z `� � lL <` Z i .t J , �c cT7% .�l�l _ ��E"�7 i_ �� _C�'� �: �2��Iil�z.Z-Q-�l�.�'T.%` -"—[' �zl: �:`� �%��-C��'� ��,�•>.�1�-(, .�'i' �f ,- - ��'J�2/�Cr ��..c J /✓`��✓�� r !�r-� -e ct � c : � c�,�,� .,T"j% �/�<' i, . �� � 2, �" ' �� ,l� r ��� .�C � �` .�� C' ,X � -� � / -% " �u � ,� � � '��L '�vC,<�. �L.- Zf' .�'� � �t r Ct ' / ��'�in�'"s-' � � ' / � / • i // / /—� /� � /_�'d '�j?.'� �L <'�,2� �C,-�f:1-C ��e .,�"-� c �C" �r ,�� 1 L�"-� �- -��� z ��• � _ � _ . . ��-' . . , C` �- ��cY� ,�! " lr f' �2�c'��/ r� j/ — ���? ,,c'z� . �-G-7�2�f. .-� . C-,�" . _t_-� � � ' �> /° ��!' ��G-�z�-1.�: ;,��ccG.�� �t��_�'� ��C� ' � �i � Z.�-f ti� i . .� , ,,�'��2.F_��.<<< � �<��� � ��`-zr>>Lt-.�,�,r�'>.� ,-L�jl'z��_Cr��,, �' � ��, ����1;�_� r ���rJL�. ��< C�G C �� �� ,'�CJ G r �� 0 . �. i i ' III � LAW OFFiCES �1�'1� A �' ��J��.�A� .�` m��S���1V'A� CHARTERED ', M�����s �Ei.���I�'�• �iE�.�:9�i�.L� �L ��iw a�iUY.�°� WYMAN SMITH LEONARD T. JUSTER HENRY H FEIKEMA ALVIN S. MALMON RONALD L.HASKVI7Z JAMES R. CASSERLY CARL J. NEWQUIST ASSOCIATES MARK E. FiAGGERTY ALLEN H. G I BAS IRVIIVG JUSTER OFCOUNSEL June 12, 1975 (Vasim Qureshi Fridley City Manager 6431 l7niversity Avenue N.E. Fridley, Minnesota 55432 IN RE: Application for on�sale liquor license Max Saliterman, City Resolution No. 11-1975 SUITE 1250 BUILDERS EXCHANGE BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 339-1481 SUBURBAN OFFlCE 6b41 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55d32 TELEPHONE 560-6870 Dear Nasim: On June 9th I wrote you a letter requesting an extension of time for Mr. Saliterman. I sent a copy of the letter to him and he has phoned me. It appears that his shopping centers have had considerable damage from the recent tornado, or as some hav� characterized it, a"strong wind". At any rate, he says that the damage and getting the matter settled and repairs will take some time. He would like the extension resolution to give him at least 9 months. Yours truly, WS/bk cc: Max Saliterman Wyman Smith � � , I ' LAW OFFICES ������� �������J� �� J�.' ������ CHAF2TERED � M[�i�M�I�I. �-iA.SK��7iZ, CAS��3E�.L'�' �t 1lTEWC�UI�7C' ' , WYMAN SM ITH LEONARD T. JUSTER HENRY H FEIKEMA ALVtN S. MALMOtV RONALD L HASKVITZ JAMES R. CASSERLY CARL J. NEWQUlST ASSOCIATES MARK E. HAGGERTY A4LEN H. GIBAS fRVfNG JUSTER OF COUNSEL June 9, 1975 1 Nasim Qureshi Fridley City Manager ' 6431 University Avenue N.E. Fridley, Minnesota 55432 � IN RE: Application for on-sale liquor license f�1ax Saliterman, City resolution #11-1975 � 1 � � Dear Nasim: SUITE 1250 �UILDERS EXCHANGE BUILDING MiNNEAPOL.iS. MINNESOTA 55402 TELEPHONE 339-1481 SUBURBAN OFFICE 6441 UNIVERSITY AVENUE N.E. FF2lQLEY, MtNNESOTA 55432 TELEPHONE 560-6870 Mr. Saliterman asked that he have an extension of time. As he and I read this resolution, it �.�ould expire on July 3, 1975. It may take until the end of the year for him to get into full operation, but he believes that he will have everything under way within the next three months. WS/bk cc: Max Saliterman � � ' � I ' � Yours truly, Wyman Smith �A RESOLUTION NO. 11- ]. 9 7 5 A RESOLUTION REGARDING THE ISSUA�tCE QF IN�'OXICATING LIQUOR LICENSES WHEREAS, the Mi.nnesota Statutes have been �mended to permit the City of Fridley to issue certain additianal intoxicating liquor licenses to hotels and restaurants; and WHEREAS, the city council has announced that it wauld xeceive applications for new licenses; and WHEREAS, the city has rec�ived an application by Max Saliterman for and on behalf of the King's Chalet, �nc., and WHEREAS, Mr. Saliterman has presented to the council certain � preliminary sketches of the location and interior layout of the area to �� be remodeled for said restaurant; and . WHEREAS, the city council is favorabl� disposed to reserving one af the ayailable licenses �or said applicant; NOW, THEREF'ORE, be it resolved by the city council that subject to the applicant meeting all requirements of Minnesota statutes, Fridley ordinances, and cades a� triey exist, and subjec� to any amendments that may be adopted prior to the time of actual issuance of said licenses, and subject to the applicant presenting to the city detailed plans and specifi- cations for the remodeling of said restaurant, c�rhich Plans and specificatio�s must be approved by the eity administration, appropriate boards and commis-- sions of the city and the city council, and subject to the applicant agre�- ing to upgrade the landscaping, parking lot, and exterior of the propased building, the city council sha11 reserve an intoxicating liquor I.icense for said Max Saliterman far the period of six month� from the date of this resolution. ADOPTED BY THE CITY COUNCI�L OF THE CTTY 0�' FRIDLEY, THIS 3r d DAY OF February , 1975. � , _ � Mayor Attest: City Clerk 0 6 , r t � ' �l , � �� N � N r , ' � , r � Narold. uelnur� 191 I;� ttr,lan uircic� �+'ridlcy, ;��in :esata � i��'3? Jur.e tti, 1�7� ;:;�yc�.r_ ;�`illia.^� �?e;- E;��31 'J;�ive�.;� t,r ;'v�n�,� :�'ric?].e'I� i',��?:i�,�O+.� 5'���'3� i���,Y' ''s:1 i� � i i; 47CLl�C� ii£�.�P �i:a ;iU.f,; G:i �, i:?<�i�.'I X%��S�YC:A"'�'Li, C�_ZT;;^,,, i C;°r i;�'!f; i_�', i'�.U7'�. CuU Lruin :E ubli_c uve,� �s �'rc,;^rt i�fi �;e got .ro.��e E;�tr�. ,��on�;,�. ?�`�.ch�.c��. i; �vz', ca�-ts 'rl_, C�D. QO -. � �L;z7i c;��'c�vemer.t Lea�i�r '..'illia.m :,'un>tl�x cr���� :�1,G07a�40 - �,r��i��l Justice �xpc��nt ��C�I1E'7 j"t�c � COS��.°, AZ.y��a.�� -• :��c I7 G:i'�n"IC�;C'ail �.1�/�.� : C'i��c?'i4i1'r Da1e '�.ia.rla.nd co:•�� �1,00�7.(�0 _ �•'t�n Ar�?r�r.ican T,itur{;y�' i�1G'SC �^?1Y1C7t ���, C3.C)I7C,' OTi t�G� 'R�.�+YTr�!5U'G'� i:UY'�1a�_i� '`i t`t?;t"i�S.".� Ofl �7�1.�>`F't. f'�2?'l�t,:l '�,L;t? �};:'p J'`(:i.. �Ll� �i��'�` �f'1.�.�. �.:.lfi•G'1: G'.C)��.u.� { C.:' t�C7�,ici� c�e7��'.�.00.^.,.�. CCT';'�.. � ?il.' �,:':_(3Ii� : e:il� ��?f:!T,. liCi'.I�5.C1 �il� ''�Y'7.C).�.,�,V �.;].'c.?j ��(ii?T1C1.1. <`,t3:lSj.CiBY' cot`ztx`.'�_bu�:i�,^ sa.�,� '��00.00 or_ `";7�O.G�O? Cauld this please be considered at the Council ,��leeting of June 16, 1975? Thank you. B�st Re�;ard � t — '._= t. ��. �} I 'i. �-� L � L � 1 � ��; �L ti Harolcl , Bel{npr� Directo , E �li�ibus Unum !!�.] RIiS0I,U7'ION N0. A I:1:SOLU`f]:Oi1 ORDi�RIV'C PR�LIi�1I1�'A}ZY PI..I�1vS, SPI.:CIFICl�TIONS, �'D ESTI;��1.�17'ES 01� `1'1('ri COS'1'S 'J71L1:LOP : STUPu�I SFtVER I�fPROVEI�]ENT PI20JLCT #� 118 Br IT F:1;SOI.VI�D, i�y t}ie City Council of the Cit)r of Fridle�� as folloi��s: l. T]lat it appears i.n tlie interests of tl�e City �nd oi the propert}• o:vners ar�ected that Lhere be constructed certain irr��rover^ents, to-wit: Storm sewer and related appurtenanced located as follows: That area bounded by Gardena Avenue on the South, Stinson Blvd on the East, 60th Avenue and its extensio� to Stinson Blvd on the North and Oakwood P,anor on i.he jvest. 2. Tha'c the Pi�hl�_c i'�orl;s Diz�ector, Ric'laxd Soi�iech, City Ilali, Fxidley, t�L�, is iiereby authorized ancl. dixected 'co drati� th:: prelimin�3s�� �lans and specifi- ' cations �:nc? �o tauulate the results oi his estimates of thc costs a£ said i� �prove�:�ents, incluain� eve.ry item of cost frem iriception to co;npleticn aald alJ. fees and expenses i.ilcurrecl (or ta r�e i�lcuxredj i.n COl�]1CCt10;1 there- ti��ii;h, ox i.he i�inanciiig thereof, and to ma:;e a preli;,unary report o£ his fitldi_�i�s, statirlp; tliereiil t��heiller saiu in;pro��e�'?en�s :cre feasiule �nd t;het��er they cail bcst be made as propose�l, or in coilnec�ioz� ��it,1 so:a:; c�thc:r i;�ipro�.�em�nts (and �}ie esti���a�ec� cost as xecom;r.ended� , ir�.clucli.n� also a descr.�I�tion of th� larids o-r area as m:�y receive be�le�its therefrom and as may 'ue proposed to be assessed. 3. 1'i�at said preliminary report of th� Engirice�: shull '�e furnished to the Cii.y Counc:i l. AB:11'"I')�D I3Y 'I'[1L'• CI'I'Y COU\CZL OF 'I'1i1; CITl' OP }�RIDLEY 'I'I3IS 1;AY OF 1�75. � • � : n�r�rLS�r: cl�r�� ci,t:lz�: - ri;��zv� u c. i3i:u��sk:ia. '� , b1.4Y0R - 6VILLIAI�1 J. iVEE � �r �� � ' ' RESOLUTION N0. A R�SOLllTION RECEIVING THE PRELII�1Ii�ARY I:L-'PORT ANll CALLING A PUBLIC H�ARING 0� TIIE NU�TTER OF TffE CONSTRUCTION OF CERTAIN Ir1PROV�I�IENTS: STORM S�tV�R IMPROVEMENT PROJ�CT #118 WHEREAS, the construction of certain improvements is deemed to be in the inzerest of tl�e City of Fridley and tlie property otivriers affected thereby. BE IT RESOLVED, by the City Council of the City of Fridley, as follows: 1. That the preliminary report submitted by the City �ngineer and the Consulting Engineers is hereby received a�,�d accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected ox W1tJ1111 the area af lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may 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 notice are all the lands and areas as noted in said notice: A11 of the same to be assessed proportionately according • to the benefits received. 4. That the estimates of assessments of the Clerl: shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. Th at the City Clerk is authorized and directed to give notice of such public hearing by publishing a notice thereef in ihe official ne�as- paper of the City -�£ Fridley and by mailed notices to alI the praperty owners whose property is liable to be assessed with the making of these improvements accordi_ng to lata, such notice to be substantially in form and suvstance of the notice attached hereto as Exhi�it "A". 6. That this Council taill meet on �he 14t1i day of July � 1g�5 at 7:30 o'clock P.Ai, at the City Hall in the Czty of Tridley for the purpose of holding a public hearing on the �improveme�it noted in the notice attached hereto and made a paxt thereof by reference, Exhibit ��Air� ADOPTED 13Y THE CITY CQUNCIL qF THE CITY OF FRIDLEY THIS , 1975. a hIAYOR - bV I LLIAI�4 J. NEE AT"TEST: CITY CI.ERK - I�'EARVIN C. 13RUNSELL DAY OF � , ' ' ' OFFICIAL PU�3LICl�'I'ION CITY OF �RIDLEY (EXI lI f3I'T A) NOTICE OF �[E�RING ON IDIPROVEAiENTS STOf2�1 S��VER Ib1PROVEb1F.NT PROJECT #11$ i� NHEREAS,,the City Council of the City of Fridley, Anoka County, riinnesota, has deer�led it expedient to 7•eceive evidence pextaining to the improvements hereinafier described. NOIV, THERF.FORE, ivTQTICE IS HEREBY GIVEN THA'1' on the _� 4th �ay of .TuL,v , 1975 at 7:30 0' clock P.b1. the City Council �vi.11 m�et at the City Hall in said City, and i,rill at said time and place hear aIl parties interested in said impxovements in �ahole ar in part. The general nature of the impxovements is the cQnstruction (in the lands and stxeets noted belo,a) af the �O�IOShcTla inTpravements, to-�vi_�: C0�?STfiUCTION ITEM St�rm sewer ancl related appurtenances located as follows: ' That area bot�ndec� by Gardena Avenue on the South,.Stinson Blvd on the East, 60Lh Avenue ancl its extension to Stinson Blvd on the North and Oak�vood P�ianor on the tiVest. ESTIh1ATED COST . . . . . . . . . . . . . . . . . . . . . . . . . � 20, 981. 25 ' TI3�T THE AREA PROPOSED TO BE �iSSESSED FOR SAID ITIPROVEi�IENTS IS AS FOLLO�VS: � Fox Construction Item above -------------------------_____________..___ ' All of the land abutting upon said stree�s named above and alI Iarids within, adj acent and abutiing thereto. All of said land to be assessed proportionately according to the benefits xeceived by such improvement. That should the Coui�cil pxoceed with said improvements they �vill consider each separate improvements, except as hereafter otherwise provided by the ' Council all undex �he follo�ving authoxity, to-�vit: P�iinnesota Statutes 196I, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DATED TfiIS DAY OF �� Publish: . July 2, 1975 July 9, 1975 ' 1975 , BY ORDEP. OF THE CITY COUNCIL. h1AY0fz - tiVI LLIAh9 J. NEE ' ' ' RL•SOLU"1'IO;�' N0. A R1:SOL[1'I'10;d OP.111:RT1�'G PIZI�iLI?�1I�'Al�l' I'LA?��5, SPI:CIrICII�'IOi�S, AND 1:STIT;nTES OF 7'lIL CU5'1'S TIII::I:LOP: STREGT IDtPROVEMEN'I' PROJECT ST. 1975-1, ADD�NDUM #3 P�E IT RLSuLV}�U, b>> t}lc� Ci.ty Cou,icil of thc Cit.y ef l�ridlcy 3s foJ.lo�tis: ' 1. T}lat it appears in tl�c interests of tlie City ancl of the l�-rop�l-t�� ot�ners affe.ctect �iiat t}icre be co�lstructecl certain iu7proven�en�ts, to-i��i.t: Street improvements, including grading, stabiliz�d base, hot-mix bituniinous mat, concrete curb and gutter, storm secaer system, water and sanitary se�ver services, and other facilities located as follows: Siverts Lane: 69th Avenue N.�. to 661 Feet South (�outh line of Lot "C" . Registered Land �urvey No. 3) 2. 7'hat the Publ�.c {v'arks Director, Ricliard Sobiecli, City IIall., I=ridley, T�1, is he3�eby �ztztliori_zcd and di_x�ci:ed to dxa�a tlle prelimi.nar.y plails and specifi- cations and to t:abulate ihe xestil �s of Iiis esi:i�;�ates of the costs oi sa.;_d iniprovements, inclv_d�_;�g every item of cos± from inc�pt:ion to co7�plel::ion ancl alJ. fees a.�ici cxpenses incurrecl (or to b� ii�cu�•red) i_n connuct� o�� tliere- t,titli, or the fi.n�anci�z.g tlie7•eof, and i.o r�iane a.prelin�i7iar�r rc��or.t oa }:is findin�;s, s�ati�lg there�.a1 tiahetizer said iml�rove�reni:s are feasil�l.e and �,hether tliey cail be�t be rnade as p.r.oposecl, or in conncccion �vith some ot}�e�° in;pro���enzents (a�Id the estir:�ated cost as recomrnended) , inc.lud:iiig also �z ciescrii�tio,l o� t:llc l�i�lcis or area as r�a}T receivc be,lefits the.refron; and as may be proposed to be assessed. S. That sazd pxcl�mina�y repor.t of 'tlie �Tlgii�eer sht.11 bc fuz~ni.slzed to tlie � City Council. ' ADOP"1'�D I3Y THL CIT1' COUNCIL OF TIIL' CI'I'1' 01� FRIDI,LY 'TIiIS llAY OP 19 7 5. ' ' /�TT� S'T : ' C17'Y CLlilth - D1:1Ri�J.N C. 1�RtII�5I:l,L ' A1A1'OR - WILLIAM J. NE� �. � , � ' � �' RESOLUTION 1�'0. A I2ESOLUTTON RECETVING Tf�E PRELTMIN�RY REPOR'I' A1v'D C�ILLING A PUI3LIC HEARING ON T'IIE h1ATTEl2 OF THE CONSTRUCTION OF CERTAIN IhiPROVEh9ENTS: STREET IMPROVEb1ENT PROJECT ST. 1975-1, ADDUNDUM #3 {4HEREAS, �l�e construction of certain improvements is deemed to be in the interest c= ':��e Citv of Fridley and the property owners affected thereby. BE IT RE5 D, by the City Council of the City of Fridley, as follotas: 1. That the p���lir!zinary report stzbmitted by the City Engineer and the '• Consulting Engineers is hereby received �•.d accepted. , 2. That the City Clerk shall act to ascertain the name and address of th e 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 propased relative thereto ' against each of said lands. 3. Th at the area proposed to be assessed for said improvements and each of ' them as noted in said notice are all the lands ancl areas as noted in said notice: All of the same to be assessed proportionately according � to the benefits received. 4. Tliat the estimates of assessments of the Clerk sh all be available far inspection to the owner of any parcel of land as may be affected thereby at any public h.earing held relative thereto, as well as at any prior time reasanable and convenient. 5. Th at the City Clerk is authorized and direCted to give notice of such public hearing by publishing a notice thereof ir� the afficial news- paper of the City :n£ Fridley and by mailed notices to all the property owners �ahose property is liable to be assessed ��rith the making of these improvements according to law, such notice to be substantially in form and substance of the notice atiached hereto as Exhibit "A". 6. That this Council �aill mee� on the 14th day of July , 1975 at 7: 30 0' clock P.I�4�, at the City Hal l in tl�e City of Fridley for the purpose of holding a public hearing on the improvement noted in the notice attached liereto and made a purt thereof by reference, Exhibit riA�i. ADOPTED I3Y TIIE CITY COUNCIL OF THE CITY OF FRTDLEY TfIIS , 19 7 5. D4AYOR - yVILLI/�M J. NEE A'['T'E ST : CI'i'X CLERI� - I�UIRVIN C. B Dt1Y OF 0 !� OFFIGIAI. PUBLICATION CITY OF FRIDLEY (EXHIBIT �) NOTICE OF H��I2ING ON II�IPROVEr1ENTS VIHEREAS, the City Council of the City of Fridley, �lnoka County, Minnesota, has deemed it e�edient to receive evidence pertaining ta the improvements hereinafter described. NO�V, THEREFORE, NOTICE I5 HEREBY GIVEN THAT on the 14TH day of JULY , 1975 at 7:30 o�clock P.M. the Cz�y Council tivill meet at the City Hall in said City, and will at said time and �lace hear. all par.ties interest:ed in said improvements in whole or in par_f.e The general nature of the improvements �_s i:he cons �ruction (in ihe la�lds and streets noted below) af the following izr�ro�rements, �o-kTit; CONSTRUCTION ITEI�1 0 Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, and othex facilities located as follows: Siverts Lane: 69th Avenue N.E. to 460 Feet South ESTIMATED COST , . . . . . . � . . . e . . . , a . , ,� , , . . . � 10, 205.80 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IMPROVEI�4ENTS IS AS FOLLOjVS: For Construction Item above __________________________________________ All of the land abutting upon s aid.streets named above and aIl lands within, adjacent and abutting thereto, Al1 of said land to be assessed proportionately accoxding to the benefits received by su�li improvement.. That should the Council proceed with said improvements they will consider each separate improvements, except as hereafter. otherwise provided by the Council all under t3ie fol.loiaing authority, to-wit: hlinnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DA'I'ED TIIIS DAY OF I '� Publish: 1 July 2, 1975 July 9, 1975 , 1975 , BY ORDLR OF TfIE CI'I'Y COUNCIL. MAYOR - WILLIAM J, NLE 1 ' RESOLUTION N0. A RESOLUTION REQUESTING ANOKA COUNTY COA1.^�IISSIONERS TO APPROV� SAF�TY IMI'ROV�MENT PROJECTS FU� EAST RIVER ROAD AT 79TH WAY NORTHEAST IN THE CITY OF FRIDLEY ' WHEREAS, East River Road at 79th Way N.E. within the City of Fridley is a hazardous roadway affecting the health, safety and welfare of I'ridley residents; and ' WHERrAS, East River Road is designated County State Aid High- way No. 1 and is under the jurisdiction of Anoka County; and ' � � � � WIiEREAS, it would be in the best interests of the City of Frid- ley and Anolca County to provide safety improvements on East River Road at 79th Way N.E. NOW, THERErORE, BE IT RESOLVED, that the City Council of the City of Fridley requests that the Anoka County Commissioners ap- prove a safety improvement project on East River Road at 79th Way Northeast, consisting of signalization, medians, channelization, striping, signing and other items to eliminate the safety hazards of the area. BE IT FURTHER RESOLVED, that the City of Fridley intends to cooperate in preparation of plans and participate in its share of the costs of the safety improvement project. ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. � ' ' ' � � ATTEST: CITY CL�RK - ML�RVIN C. BRUNS�LL MAYOR - WILLIAM J. NEE G-� 0 CO�Si'OC�< & L�AVIS, it�lC. 1446 CdUNTY RG�AD "J" MII�fVEAPOLfS, MINt'EWSOTA 65432 T E L, : 784-9348 C�i"�S�9L�'��� E��i�4E��S June 12, 1975 Honorable Mayor and City Council City of F�idley c/o Mr. Ilasim Qureshi, City rianager 6431 University Avenue, Id.E. Minneapolis, Minnesota 55432 Ref: Water, Sanit�x.y Sewer, Starm Sewer & Street Impravement Tdo. 117 Fridley, Minnesota Ladies and Gentlemen: 0 24 Bids for reference project wexe received and opened at 11:3Q A.ri., June S, 1975. Bids from Z1 bidders were received and tabuZated on the enclosed bid tabulation. The three low bids were B:ia.ncox�i Construction Cam�a�rcy in the amount of $70,2i33.05, Dawson Constructian Company in the a�ount of $71,222.50, and Ro-So Contracting, Inc. . in the amount of $73,2$3.25. � The �vork included in this project was contained in the preliminary report entitled "Addition �o Project 116 Report of Julq 3, 1974" dated October 7, 1974. The total . estimated constructioa cost contained in the report was $117,600.00. Some minar ' quanti�y adjustments were made in the project after the preliminary report because a portinn of Woodside Court right-of-caay was not acquired. � ' ' ' � ' L__J �' A comgarison of the cost of the projec*_ as bid to �he estimated cost as presented in the Preliminary Engineering Regor� shows that the bid is substantially below the estimate. � The Zocv bidder submit�ed a reduction of fifteen cents a foot for sanitary sewer lateral pipe if PVC is used in lieu of VCP sewer pipe. The alternate pipe prices of the second and third bidders, when �sed to adjust their bids, is not sufficient cost change to effect the law bid. If the Council elects to proceed with the projec�, we recommend that the contract be awaxded to the low bidder, Bianconi Construction Corspany, in the amount of their bid, $70,283.05, and that the sanitary se�aer laterals be constructed by using the alternate PVC sewer pipe. J�B/mjg Encls. cc: Taan Colbert File ��7525 Respectfully submitted, C�SSTOCK� �VIS, INC . t\ i By ��J hn F� Bea � , P.E. , ' .-. � PLANfiOLDER WATER, SANITAP.Y SEW�R, STORM SEWER, AND STRELT Ir1P. PROJECT �`117 FRTDLEY, MINN�S.OTA BID OPENING - JiJNE 5, 1975 - 11:30 A.M. BID DEPOSIT TOTAL }3ASE BTD �:a�r, Lnc. 330 Territorial Road, N.E. �0% $ 74,300.00 :�Si eapolis, Minnesota 55434 - No hdale Construction Co. 8208 North�vood Park�aay 10% � $162,470.00 ?�i�eapolis, Minnesota 55427 Par-Z Contracting, Inc. 65� Hickory St., N.E. �Si eapolis, Minn. 55432 Da on Construction, Inc. 1 S. Ferry SC. nn a, Minnesota,55303 C.� McCrossan, Inc. Os o, . Minnesota 55369 N�and Associates, Tnc. �11 andria, _M.innesota 56308 H , Inc. P.O. Box 437 A1� ander Construction Co. C Rd. 42 & Fairgreen Ave. A�e Valley, Minn. 55124 Dean Luxenburg Const. S�Emil Ave. 5 eview, riinn, 55112 C. . Houle Landscaping 1 [dest Co. Rd. I ,S . Paul, Minn. 55112 0� a. & Sons, Inc. III�J6 Homer Street ;St. Paul, Minn. 55116 � � �B�nconi Const. Co. 986 Bayard Ave. S PauZ, riinn. 55102 B �n & Cris 897.0 Co. Rd. 18, So. Ec�n Prairie, Mi.nn. 55343 No Bid 10% i0% 10% No Bid No Bid 10% 10% 10% 10% No Bid , $ 71,222.50 $ 89,287.00 $100,125.00 $ 73,987.31 $ 85,368.00 $ 79,397.25 $ 70,283.05 24 A REMARKS No Alternate Deduct lOG 30� 10� Deduct 30� SOF Deduct�lOp Dedu�t 15p ,� ' � . a�r Sanitary Sewer, S�orm Sewer, and St. Izap. Proj. ��117, Fridley, Minn. � � 'iBid Opening - June 5, 1975, 11:30 A.M. PL�'�HQLDER I3ID llEPOSIT TOTAI. BAS� BID R o Contractin�, Inc. Ifi Parkway Drive 10% $ 73,2$3.25 St. Pau1, Minnesota 55101 Wi ner Bros., Inc. �.0. Box 235 10% $ 7g,376.25 ',Sp,�.ing Park, Minn. 553$3 ' � 0 � 24 B REMATZKS Deduct 70G None RECEIVING BIDS AND AtJARDING CONTRACT ST. 1975-10A (SEALCOATING) Bid Opening June 16, 1975; 11:30 A.M. Staff Recommendation to be available at Council Meeting 0 r: � . ' � hil:�?0 ':'0; Rich�ird N, Sobicch, Publi.c liorks 1)irector FRO;I: 'T�1011las �. Coll�crt, Assistanl: City L'n�;inecr ll/1'fL: June iG, 1J75 SU13JL'C'1': 13id Proposal.s for Sealcoating Project ST. 1975-1U11 AL 11: 30 A.i�t. , tliis rnorning, bi_d proposals were :eceived ' and opened for the above xeference:d project, Two bicis wexe rece�.ved from l�llied Ulacl:top and 13ituminous Construction Co. ' in the amounts of �9,16J,27 and $9,�G9.'3,r.espectfuJ_ly. niternate bids of �7,144.92 for /111ied t�Iacktop and 58,529.27 ' for I3ituminous Canstruction Co. �,ere also recorc�ed. (See attached bid t`aUulatior� sIieet�) 'lhe appa.rent low bidder, Al].ied Blacktop, entered a Uid that is�comparatively loiver than our engineer's estimate of �9,926.00 and 57,626.00 for the aiternate. Due to the fact that Allieci i3lacl:top has~ performed satis- factorily in tl�e past years on similar sealcoating projects, and also the £act that a substantial saving can i�e incurred . Uy selecting the alternate method of pertinent stxeet s4veeping by the City's forces, it is the En�ineering llepari.ment's recommendatio�l t11at the coritract for the alternate proposal be a�aarded to the low bidder, Allied 131acl:top, in the amount of $7,144.�2. 'CI1C/;�5 Respectf y sul�mitted / / � � .: r��*X1 % � C •tto��:� n. CUL13L' ,T Assistant City L'n�incer ' . " , 1975-10A SEALCO�T ' BID OPENING - JUVE 16, 1975 - 11:30 A.�t. ' PLAM�iOLDER BID DEPOSTT LU�1F SUM BID ' Allied l�lacktop �9,169.27 3601 4�th Avenue N. 5% i�pls., ilinn. 5542'3 (�7,144.92) Alter. t �� Kitur.�inous Const. Co. $9,469.13 5'l32 kianson Couxt � 5 0 I � :;pls., �iinn. 55429 (�8,529.27) Alter. ' Batzer Construction� - t�ox 23, Royalton, ��iinn. 56373 , ' � �� � i10 BID .� 0 REM�RKS NAME Gerald D. Long 6366 Dellwood Dr. Fridley, MN 55432 CTTY EMPLOYEE APPOINTMENT FOR CONSIDFRATIOPJ JuN�. 1�, 1975 POSITION Operator & Maintenance Man - Water Department Denn�s Rambow Operator & 11117 Independence Maintenance Avenue N. Man - Street Champlin, MN . Department 55316 SALARY EFFECTIVE ��40 Month June 9, 1975 $940 Month June 23, 1975 Mary E. Grundhaus Probationary �702 Month Poiice Technician June 16, 1975 26 REPLACES Gary Dahlberg Gerald D. Long David J. Keding ' � LIST OF LICENSES TO BE APPROVED BY THE CITY COUNCIL AT THE MEETING OF JUNE 16, 1975 ' TYPE OF LICENSE BY APPROVED BY FEE ' . � CIGARETTE ' East River Road Spur Dan James Thrall Public Sa-Fety Director 12.00 6485 East River Road rJimbo's Pizza James W. Schooley Public Safety Director 12.00 248 Mississippi Street , Lemm's Country Qoy Henry E. Lemm Public Safety Director 12.00 1301 Mississippi Street � . Q Petroleum Corporation Dennis Neubauer Public Safety Director 12.00 1 53Q0 Central Avenue Riverside Car Wash Robert Schleeter Public Safety Director 12.00 , 6520 East River Road � GROCERY .. � East River Road Spur Dan James Thrall Health Ins�ector 25.00 6485 East River Road ' Lemm's Country Boy Nenry E. Lemm Health Inspector 25.00 1301 Mississippi Street ' Q Petroleum Corporation Dennis Neubauer Healih Inspector 25.00 ' 5300 Central Avenue ' ICE MACHINE ' East River Road Spur Dan James Thrall Health Inspector 15.00 64�5 East River Road I � ', '" Q Petroleum Corporation Dennis Neubauer Health Inspector 15.00 5300 Central Avenue 1 � . . , � �� � ' , 28 A '' LIST OF LICENSES TO BE APPROVED BY iHE CITY COUNCIL AT THE MEETING OF JUNE 16, 1975 TYPE OF LICFNSE BY APPROVED BY FEE ' . ICE MACHINE- CONTINUED � � , 7- Eleven Store Ray Byrd Health Inspector 15.00 1315 Rice Creek Road � OFF SALE BEER � East River Road Spur Dan James Thrall Public Safety Director 15.00 � 6485 East River Road � � Lemm's Country Boy. Henry E. Lemm Public Safety Director 15.00 1301 Mississippi Street ' Q Petroleum Corporation Dennis Neubauer Public Safety Director 15.00 5300 Centr�al Avenue ION SALE BEER . � Jimbo'.s Pizza James W. Schaoley Public Safety Director 120.00 248 Mississippi Street , Maple Lanes Fridley Recreation Public Safety Director 120.00 . 6310 Highway 65 and Service Company IPUBLIC DRINKING PLACE , Maple Lanes Fridley Recreation Public Safety Director 100.00 6310 Highway 65 and Service Company , RESTAURANT � Jimbo's Pizza James W. Schooley Health Inspector 25.00 248 Mississippi Street Maple Lanes Fridley Recreation Health Inspector 25.00 ',� 6310.Highway 65 and Service Company �� � �� ' � (2) . , � 28 B LIST OF LICENSES TO BE APPROVED BY THE CITY COUNCIL AT THE MEETING OF JUNE 16, 1975 , TYPE OF LICE SE APPROVED BY N BY ' ERV CE T 0 S I S ATI N ' Bills Service William A. Svetin Health Inspector 3709 Marshall Street ' East River Road Spur Dan James Thrall Health Inspector 6485 Est Rive�� Road � Lemm's Country Boy Henry E. Lemm Health Inspector 1301 Mississ�ppi Street , Q, Petroleum Corporation Dennis Neubauer Health Inspector 5300 Central Avenue � Riverside Car Wash Robert Schleeter Health Inspector 6520 East River Road , TAVERN � ' Maple Lanes Fridley Recreation Public Safety Director 6310 Highway 65 and Service Company ' VENDING MACHINES . tBonine Vending Wes Bonine Health Inspector 125 Riversedge Way , Moore Lake Beach Concessions City of Fridley Health Inspector 59th and Central Avenue , Riverside Car Wash Robert Schleeter Health Inspector 6520 East River Road , VENDING TRUCKS Sno-Cones . Beth Glommen Health Inspector ' 1048 87th Avenue �George Hanson George Hanson Health Inspector ' 1476 Onondago Street De Ice Cream Truck Jim Heit Health Inspector ,4655 University Avenue � � . � 3 FEE 30.00 30.00 30.00 30:�0 30.00 �F.�L�Ii� 15.00 f�o-Fee , 15.00 20.00 20.00 �� �� . � ' LIST OF LTCENSES TO QE APPROVED BY THE CITY COUNCIL AT THE MEETING OF JUNE 16,1975 STYPE OF LICENSE � FIREWORKS � 100 Twin Drive In 5600 Centr.al Avenue , CIGARETTE � Dave's Texaco 6301 Highway 65 ' SERUICE STATION ' Dave's Texaco • 6301 Flighway 65 ' VENDING MACNINE ' Dave's Texaco 6301 Highway 65 , ' � 1 , ' ' i - 0 : APPRQVED BY Arrowhead Fireworks Chief, Fire Prevention Company Bureau David Hauger David Hauger David Hauger (4) Public Safety Director Health Inspector Health Inspector FEE 12.00 30.00 5.00 2$ � CONTR.ACTOR' S LICENSES TO I3E APPROVED BY COUNCIL AT TH�IR ItEGULIIR MEETING ON JUNE 16, 1975 EXCAVr�TING � APPROVED BY: Husnik Sewer Service � 281 West Cottaye Place Shoreview, f•iinnesota by: Frank Husnik D. Clark NEW GEI3EFtAL CONTRACTORS Conrad Constxuct. Co. 5913 Pleasant Ave. South Minneapolis, tdinn. 55419 by: Ronald Conrad D. Clark NEW Lifetime Associates, Inc. 409 �9ashington Ave. S. Hopkins, P�iinn. 55343 by: Thomas Kasprzak D. Clark NEW Nedegaard Construction • 111 - 45th Ave. N.E. Fridley, P�inn. 55421 b�: Bruce Nedegaard D. Clark NEW MASONRY � Ernest Ogren Masonry Box 53A Rogers, Minn. 55374 by: Ernest Ogren D. Clark NEW PLAS TERI NG Zimmennan Stucco & Plaster,Inc. 18116 Ridgewood Road Wayzata, Minn. 55391 by: Ervin Si.mmerman D. Clark NEW SIGI�iS Telke Signs, Inc. � 3940 Minnehaha Ave. S. Minneapolis, Minn. 55406 by: Richard Telke D. Clark REN�WAL Si9INLMING POOL LICENSES Tnnsbruck North Townhouse ASSOCiation by: Duane A. Johnson S. Olson $87.50 Udell Larson • 6Fi48 Kno11 Street Minneapolis, Minnesota by: Udell Larson for 5460-7th St.N.�. S. Olson $60.00 �:�� ESTIMATES FOR CONSIDERATION BY CITY COUNCIL - JUNE 16, 1975 Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55�32 For the furnishing of resident inpection and resident supervision for the staking out of the following: PARTIAL Estimate #15 for Sanitary Sewer, Water & Storm Sewer Tmprovement Project No. 114 from March 3 through March 29, 1975 PARTIAL Estimate #16 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from March 31 through April 26, 1975 PARTIAL Estimate #17 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from April 28 through May 24, 1975 PARTIAL Estimate #6 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from April 28 through May 24, 1975 � Dunkley Surfacing Inc. 3737 East River Road Fridley, i�linnesota 55421 ' PARTIAL Estimate #1 for Street Improvement Project ST. 1975-1 � , � I ' � ' PARTIAL Estimate #1 for Street Improvement Project ST. 1975-2 Weaver, Talle & Herrick 316 East i�1ai n Street Anoka, i�1i nnesota 55303 For Services rendered for May, 1975 Sniith, Juster, Feikema, Naskvit� and Casserly �uilders txchange Building i�li nneapol i s, I�1i nnesota 55402 � For services render°Ed by Prosecutor for May, 1975 $ 1,808.00 791.23 185.15 •: .. 35,217.23 12,088.58 1,375.00 1,660.00 � II � I ' . i � , � � CHARL[SR.WEAVER �HERMAN L.TALLE VIRGIL C. HERRICK RO{3ERT MUNNS .IAMES D. G�E3[iS WILLIAM K. GOODRICN �'THOMAS A.GEDDE JEfFREY P. HICKEN ' City of Fridley ' 0 LAW OFFICES WEAVER, TALLE 8c HERRICK June 3, 1975 . May Retainer ' CounciJ_ Meetings 1S hours Staff Meetings 4 hours 'Conferences with Administration 6 hours Memos to Council and Staff 8 hours . Citizens Inquiries 2 hours 35 hours ' Hours in Excess af 30 @$35.00 per hour Hennepin County Municipal Court , Re: Davies Water Company.vs. B& B Excavating, Inc., City of Fridley, and Summit insurance Company of New York 316 EAST MAI M1 ANOKA,MINNE 421_�54" € � � � � r 3 t � ; 3 � s ; � i �i � � $1����.0� 175.00 100 S00 � Secretarial Allowance 100.00 TOTAL . . . . . . . . . . . . . $1, 375 . 00 ' . � � , , � , �. ' " . TIME RECORD FOR MAY, 1975 PROSECUTIUN bJORK 1. Preparation, Travel and Time in Court for 22 Cour� cases and33Pre-Jury conferences. 23 hours 30 minutes 2. Trves�iga�irn and Proc�ss of Complaints incluc(ing office confererces, phone con- ferences, correspondrnce and preparation of 21 Formal Comp7aints. 21 hours 05 minu�es 3. Court and Police Administra±ion. Ol hour 3� min�;.es . DATE e 5-30-75 � TOTAL ��'J ` � 46 hours �--- __ `' , \ 1 A ,; _ �. . �,�� � �,� `� � ;' ��j ��, � �_,�� � ` � - G�,�;_. `, --� � �� - .� � _ • e .. FORWARDED FROM LAST STATEMENT For legal servic�s rendered as Prosecutor for the City of Fridley. May 1975 retainer. $1,000.00 Secretarial services. 100.p0 Time in excess o� 30 hours. (16 hours). 560.00 1,660.00 { d�Gfare under pena�ties of 1aw that thf9 AC�aunt, ciaim or �'.'-mand is just and ca� , ra t And trat-�o �a� oi it ha; been p�ld '� . �� Cl � �>-� �-'�-�, C� �� . 5ignatylre f Clai ant SMITH, JUSTER, FEIKEMA, ASKV'TZ AND CASSERLY ATTORNEYS T � W - � . » �oa 05 minutes s BALANCE �1,660.00 �� � 1 I ' l�iay 16 i�ir . Y�,ul �sro wn ' r'ridley Parks �: �-�ecreatiori Lept . r'riciley C;ity Hall � llear i'aul , �re are a�ain startinb t� trzirlk of or�;anizin� our �r'ift�� Anrival r'ridley Lovenaxit :�of�;ball Tournau�ent. 1ve woulci like to use ttie city's facilities ori uaturday, July 19th (July 12th altexnate) as a date for the tournauent. ytie ha.ve so r�;ucn appreciated in tYle past 4 years tne co- operation af l�otYi your departa�ent arid tiie excellent ��ridley Umpire r�ssociation.. �e r�ave b�en in touch witil Don rioward and he has assur�:d us that he and his staff would a�ain like to u:apir�: aur tournasuent . 1tie will be havin� 18-24 �ovenant Church teauis enterin� whicYi woula nE;cessital:e the use o� up to 6 f'ields for at least the first; 2 rounds. '��e think� tne "�'ridley .�ark facil- ities tYiat are wairitairied by j�our department are tYie best in tnis area wriicfi is a real crec�it to you and your staff. �'e will oe c;oritactin� �ou s�iortly witYiiYi the next 2 weeks reg�rdiri� any details or questioris tnat you �iig'rit have, • and �.t that ti;ue we can f'ind aut if our request has been �PProved (passed) by ttie City (;�uncil. Sincerely, ��iQ� �� � Les Uerdin, FCAA Treasurer ��/ - .3 3 �G ' ' � ' ' ' � � ,, � �' `,-' �' �%/lc' ,� �.�'L-��>/S� / �- _i.-�•. ���i� c_ �7�'�� > � � ./��-��'-'�' "� /�//`� �r- � ' � � , � � -- iG —%v'! � %' 31 � ' , ' L� , ; ,�' ,' � G�= ;'��,__�-� G C, � �L�� i„ :'t � ��'' -� i ; � %�t` ��--�� C`� .� �--� C< !U � '��-�` ` � � � ,:� , � -- ����--�-- l,/� ��' �: /'-=� � / C-� - -�' .c�� , s_, �; �,�., L c ��.i ,� ,,�f�-L:.-� �� ��~%. ! ::%r �' L L i� '.�� G� � � �'� / L. � �� � ; � �" � , �— / . / � `� �- /% ,_ � � � �> � 2�-��r� �• -"�y � f -' �.�" � i� ��% �% �`�'�: ��.:`? ,�r_-1`��- �t-�,�%� ;' ,t �.��.� C ./ � � . � i !��/ ! / [/ ��/�j` �L . �il��:�.-' i�� ��%i:�L� /�i� . 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