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08/18/1975 - 5469PAT RANS7ROM SECRETARY TO THE CITY CQUNCIL REGULAR COUNCIL MEETING AUGUST 18, 1975 0 MEMO T0: DEPARTMENT HEADS � Following are the "ACTIONS NEEDE'D". Please have your answers back in the City Manager's Office by Wednesday Noon, August 27, 1975. Thank you. FRIi1�rY .CITY .COU�uCIL - r�cGUL�R (��1"tE7IidG - AUGUST 1S, �.975 - 7.:�3Q P �I��l. � 7:33 P.M. Pl_EUGE OF ALLEG I�i�iCt : Gi ven � �� ' �1 it 'I� , ! . I' . I' , � ATURALIST: � � ' ROLL C�1LL : f�PPRQVI�L t�F i�1Ii�U IrS: Al1 present �t1�LIC ;�EARI�lG i�fEETTtiG, ,�ULY �.�, 1975� Adonted as presented. �i�OPi I 0�� OF J�G�� J�� : Adopted as presented. OPr�� F04U��i — VISITOPS: Mr. Burt Ellis, Fri�ley Lions Club, expressed concern of implementation of C1 ean Fl o System i n^1oare La ke . ACTION NEEDED: Work with Lions Club for solution or alternative uses of . donation. � 0 ' �NGINEERING I� NGINEERING ' . '' . ' . , . ' . INANCE '. 1 � RcGULAR f�iELT I ��G, AUGUST 13, 1975 OLD . Bi1S I ivtSS : PAGE 2 CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY L. i�ENSER, SAV �%�—O4, ALLEY IN BLOCK �, SPRIPdG 1�ROOK PARK ADDITIOV ��.��.. 1- 1 A Council denied vacation. ACTION NEEDED: Notify applicant of�denial. . CONSIDERAI"ION OF FIRST READIiUG OF. AI� ORDINAiVCE FOR VAC/�TIOiV REQUEST 3Y ��1� I'�CFARLAND, S,�V #�%5-00, ALLEY; �� C�TH I�VENUE t� . E . . � . � . . . � � -� � . . . . . .. � - Z A First reading adopted. : � ' ACTION NEEDED: Place on September 8, 1975��agenda for second reading. RECEIVIfVG A REPORT ON THE ISLANDS OF PEACE FUNDING �GOU�dCIL REQUES�ED A REPORT FOR THE AUGUST lo, 1�%� �`�EETI NG) � � . . � . � � � . � . � � � . � � � � � . � � . . 3 . Report received. Fundinq for interest donated to Foundation from the Lions' Club. � ACTION NEEDED: Make appropriate payment. Wr.ite letter of thank you � to Lion's Club for donation. �- I �, � � • . � _ R�GJLAR ij1�ET I i�G, AUGUST iS, 1�75 PAG� � 3. , �. � OLD BUSIi�ESS (cor�Yi�vuED) ' i�CONSIDERATIOiV OF A iESOLUTION ADOPTIUG AN AFFIRh1Ai"IVE ACTIO�� PROGRAM � . �- . � � � � � . � � � . . . 4 - � .0 ' Affirmative Action Program Adopted, Resolution No. 170-1975. TY MANAGER ACTION PIEEDED: Forward Program to State Agency. , • I 1 I CONSIDERATION OF REQUEST FOR MONIES FOR � ' 1NSULATIi�G FIVE riOMES IN FRIDLEY iTABLED �/�1/7�5 ) . . , � , , , , , , , , , , , , , , , , , , , , , , 5 i ■. . . Council action expressed no interest in the current proposal, but i� ' noted interest in principle and asked for other suggestions along the energy line. ENGINEERING: ACTION PdEEDED: Notify Mr. Creegan of Gouncil action. Work with htr. - � Creegan on.alternative action. � ' � : . � CONSIDERATION OF �EQUEST FOR PROPOSED � . '� ' DEVELOPf�IENT OPJ EAST RIVER ROAD AT �'�TH ��,AY l�. E. BY ��ERIDIA�! �ORPORATION � � � . � � � � � � � . � 6 - 6 J� � Council concurred with the concept of the proposal with the 14 stipulations. GINEERING ACTION NEEDED: Notify applicant of approval with stipulations. ' ' ' ' - . . . . ' . � ' . 1 . R�GULAR f�1�ETI��G, AUGUST 13, 1975 PAG� 4. 1 `�t�J BUS I i�ESS : � ' � .1 i� � EIVGINEERING: ' � � R�ECEIVING THE I"11NUTES OF THE PLANNI`�dG COMMISSION ��`�EETI�dG OF AUGUST �, i975. . � � � � . � � . � . � . � .. . . � � % •HH �l) COt'dSIDERATIOPJ OF APPEALS �Oh1MISSION I�II NUTES OF Ju�Y 29, 1�75 � � �A) �FtidE S I P9ENGAARD, 1�� TH AVEi�UE : %DD — �EE APPEALS COMMISSIOy REC0�1P'iEf�DATION: APPROVAL " COUNCIL ACTION REQUIRED: CONSIDERATION OF � � RECOMi�ENDATI0�9 Council concurred�with Appeals Commission and nranted the variances.. ACTION (�EEDED: Notify Applicant of approval. il�) �AP1ES �°� ��I LLERBECK, �761 i`�A I fV ST � �[— .%FF . APPEALS COMMISSION RECOMM�P�lDATION: APPROVAL COUiVCIL �CTION �EQUIRED: CONSIDERATION OF - RECOMMENDATION Council concurred with Appeals Commission and granted the variances. . ACTION NEEDED: Notify Applicant of approval. �, , �Z) FRIDLEY �SSEMBLY 0� GOD, L� S, �75-0�, . 4%Z OSBORVE ROAD I'J � � � � PLA�?N I NG COPr�P•1I SS I ON REC0�1MENDATI ON : �PPROVAL COUfVCIL ACTION i�EQUIRED: TABLE, ►''AIT FQR DETER— � MINATION OiV VACATION REQUEST , � Tabled until consideration of vacation request. ACTION NEEDED: Place on agenda at appropriate time. � ' 7 ,J • _ . � . . - �� , ' r . , ' ' � ' � ' �GINEERING: , ' � � ' , � , ' A REGl1LAR COU��CI L P�1EtTI idG, AU6US�T 18, 1975 PAGE � 5 i��ri IiUSIIV�SS �CONTINUED) RECEIVING l�iINUTES OF PLAfvNING COMMISSION �COPJTINUED) �3). FRIDLEY ASSEP9BLY OF �OD; $A� �75-0�, ��Z.OSBORNE ROAD `I�� PLANNING COMMISSION RECOMMENDATIOiV: APPROVAL COUNCIL ACTION REQUIRED: SET PUBLIC iiEARING Pv'�lic Hearing set for September 15, 1975 7 ,J — 7 ,�< ACTION NEEDED: Send notices and place on September 15, i975 agenda. ��r) RI C'riARD i�OK, SAV �r%5-0�, �5�7 ��Ci�I NLEY ST . i'� � E . ] � -. ,% ,� PLANfd i fJG COM(�1I SS I OIJ RECOh1MENDAT I ON ; APPROVAL COUNCIL ACTION REQUIRED: SET PUBLIC HEARING Public Hearinq set for Septernber 15,�1975 ACTION NEEDED: Send notices and place on September 15, 1975 agenda. ��) iiEiJRIKSEN ADDITION, P. 5� #%5-�1�2, BY �EIF HENRI KSEi� PLANNI NG COMMI SSIOIV RECOP�1MEidDAT10N: APPROVAL � �'iITH $TIPULATIONS COUNCIL ACTION REQUIRED: SET PUBLIC HEARING Public Hearing set,for September 15, 1975 ACTION NEEDED: Send notices nad place on September 15, 1975 agenda. 7 �,L — 7 �P ' . , . . • . , . �, -,,, r� � � ,� REGULAR COUCICIL MEETIiVG, AUGUST 18, 1975 1 ��V'� ��S11��ESS (CONTINUED) ' . ' PLANlVING COMMISSION MINUTES �CONTINUED) ��) ROBERT H I iVRI CHS, SAV �%5—l�, �c��., 981.a �.00I.RICE CREEK TERRACE P�Ni�r iv� COM�1I SS I ON RECOMMEN�ATI �iV : APPROVAL ��ITH STIPULATIO(VS COUPJCIL ACTION REQUIRED: SET PUBLIC HEARING Public Hearinn set for Ser�tember 15, 1975. PAGE 6� 7 �P - 7 �Q . ACTIOPd NEEDED: Send notieces and place on September 15, 1975 agenda. {7)�►'�EAGELE �UTDOOR ADVERTISING �OMPANY; g SPECI:AL % Q— �CC IJSE PERMITS C�ILLBOARDS) �,, PLAf�1NING COMMISSION RECOMMtNi�ATION: CONT� TO $�ZO�� COUNCIL AGTION REQUIRED: I�ONE � � ,. ' ' TY ATTORNEY: � i� No action. PJO ACTION NEEDED: �$) �REDE, INC�, 5 SPECIAL USE PERMTTS �BILLBOARDS). %�CC PLANNING COMMISSION RECOMM�NBATION: CONT� TO S/ZO�� COUNCIL ACTION REQUIRED; i�QNE City Attorney directed to co►renunicate with Planning Commission � to clarify E3illboard review procedure. ACTI'ON NEEDED: Proceed as authorized. � ' � . rlinutes received. � i.. � I� . '1 �� REGULAR COUidCIL f�i�ETIi�G, AUGUST. 13, 1975 PAGE 7� `�t�v BUSIUESS �CONTINUED) � CONSIDERATION OF A RESOLUTION P�AMING THE SOUTHEAST �. OUTER DR I VE OF STATE Ii I GHWAY �65 AMD I PJTERSTATE HIGHWAY f�694 T0 �HERI �ANE IjORTHEAST � � � � . � � � � . � $ — $ � � Resolution No. 171-1975 adopted. GINEERING: ACTION NEEDED: Proceed as authorized. � _ . ' �GIN'EERING: � ' , CONSIDERATION OF A RESOLUTION APPROVI�G PLANS FOR IMPROVEME�JT OF I �ITERSECTIO�lS AT h�I SS I SS I PP I STREET AND TH �4% A`JD OSi3�RNE ROAD AiVD T�i �47. C�.T , 1�75-4). .�. Resolution No. 172-1975 adopted. . ACTION NEEDED: Proceed as authorized. � . � . CONSIDERATION OF A REQUEST FOR TRANSFER OF SPECIAL , USE PERf��IT SP �74—i4 FOR ��IOBILE f10ME SALES AT � 7�55TH�b5,,,,,,,,,,,,,,,,,,,,,, � Special Use Permit transfered for oricrinal 329 foot qarcel, but applicant directed to apply for permit on remainder of property. Original 13 stipulations amended as follows: �7. the public and ' � employee parking lot will be blacktopped by April 1, 1976. �8, Provide screening fence alonq the north property lin� immediately. Precast curb will be put along the entrance and along the parking , area. Addition #14, that a �erformance bond in the amount of $1,500 " be provided for the blacktoppinc� and landscaping. GINEERING: ACTION NEEDED: Notify applicant of action taken with stipulations. _� . � �—�1� , ,1�-10E � . . . , . ' ' � ' �l • REGULAR COU►dCIL i�iEETIi�G, �uGUST i�, 1�75 iV��6'� i��S11�LSS iCONTINUED) PAGE �� CONSIDERATION OF INSTRUCTIUNS FOR CIRCULATING � INITIAiIVE, REFERENDUM AiVD R�CALL PETITIONS . � , � . . - , , 11 11 � �. Council directed Administration to amen� Section #8 concerning signatures just as they signed it on the registration card. Also explanation of � � attesting to.signatures to be added to section #10 with the combination of section No. 9 and 10. Also section �4 discussed for possible channe, but �' City Attorney advised Council that this could not be changed until there is a Charter Amendment. k�lANCE : � , , � FINANCE: � 1 , 1 , RNCE: ' ' . r � ACTION NE�DED: Amend Instructions. CONSIDERATION OF A��ESOLUTIOfV SETiING THE CITY PRIMARY ��LEC i IO(V FOR THE 9TH I�AY OF ScPTE�1�tR, 1�� ...��.Z . Resolution No. 173-1975 adopted. - . ACTION NEEDED: Proceed as authorized. CQNSIDERATION OF A RESOLUTION �ESIGNATING POLLIIVG PLACES AND APPOINTING ELECTION .JUDGES FOR. SEPTEh1BER .9, � 1�%S PRIMARY �LECTION � � � . � . � � . . � � � � � � � � . 13 - �.� $ Resolution No�. 174-1975 adopted AC7ION PdEEDED: Proceed as authorized. . REGULAR COUi�C I L f�EET I idG, AUGUST 13, 1975 I�EW t��sli��ss ��ONTINUED) PAG� 9 CONSIDERATION OF �ALLOTS FOR ��iARD III PRIMARY, . ELECTION � � , . . , , . , , , � . , . . , . , . . , � . , 14 - 14 � Approv'ed . • ACTION NEEDED: Proceed as authorized. �C4NSIDERATION OF A R€SOLUTION AUTHORIZI.NG AND . �IRECTING THE SPLITTING OF SPECIAL ASSLSSMENTS _ ON PARCEL 3O, LOT 2 AND PARCEL 4O, LOT �, i�LOCK Z, EAST RANCH �STATES 2fdD ADDIT'ION � � � � � . � � . � � . � � �.5 — 15 A Resolution No. 175-1975 ado�ted. ACTION NEEDED: Proceed as authorized. � . . �LAIMS � � � � � � � � � � . � � . � . � � � . � � . . � . 1� Approved. ACTION NEEDED: Pay Claims. � i . � I � • , • I' • • i � REGULAR COUa'�CIL f�1EETIi�3G, AUGUSI� 1�, 1975 PAG� 10 ! 1 . � . i �''E�� B�SI i�ESS �CONTI �vUED) ' � � i ' . . ' LI CENSES . � � � � � � � � � � � . � � � � . � t � . . � . � � 1% — ,�% ;� � ' • Approv,ed . , . NAPJCE: ACTION NEEDED: Issue Licenses. � � � . � - . . � _ r � EST I MATE S . � � � . � � � � � . � . � � � � � � . � � � . . � 1$ ' �.S t� ' Approved. . ANCE: ACTION NEEDED: Pay Estimates. � ' � ,' � . r� ADJOURN: �0:00 P.M. ' . � . � � , , � � ` , . . � � � ' ' . � . - ' . S� � ' ' � ' ' ' ' ' ' THE MINUTES OF TH[ REGULAR MEETING OF THE �RIDLEY CITY COUNCIL OF AUGUST 18, 1975 The Regular Meeting of the Fridley City Council of August 18, 1975 was called to order at 7:33 P.M. by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee welcomed those pr��sent at the meeting and inv?ted them to join the Council in saying tf}e Pledge of Allegiance to the Flag. ROLL CALL: t�;EMQERS PRESENT: Councilman tireider, Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee and Councilwoman Kukovaski. MEPIBERS ABSENT: None. APPROVaL OF P1INUTES: PU6LIC HEARItyG MEETI�IG, �ULY 14, 1975: MOTIOt� by C.oi ,cilinan Breitler to adoot the minui:es of the Public He�ring Meeting of the Fridley l,�ty Council of July 14, 1975. Seconded by CouncilG-,ornan Kukowski. Upon a voice vote, all voting aye, f�ayor �lee declared the motion carried unanimo�.asly. . ADGPTION OF AGrfdDA: MOTIOnJ by Councilman Breider to ado��t the Agerda as pr°esented. Seconded by Council- woman Kukowski. Upon a voice vote> ali voting aye, t�1ayo�� Nee decfared t1�e motion carried unanimously. OPEN FORU��i, VISI'(CRS: MR. SURT ELL7S, FRIDI_EY L30NS CLU�i: ' Mr. fllis addresscd the Council and explained that he was concerned abo�t the past Council action approving the use of the aeratior of Mooi�e Lake. H� mentioned that � there is now sorie question of �vheiher �the equip�n�nt would be ��urchased as.approved by theCo�n�cil and cionated by the Liuns Cluh. i�a�ro�� P�ce said it G��as his undei°stancling , tl�ut 1:his wa� taker; ct:re of. I�ir. E11is said there ��das some question b, 41i°. Dan kiuff, Naturalist Rei:�<rce Ceordinatoi, that this would i��t r,ork. F1ayvr Nee said th2 Council had appr�oved ihe us� f.�ut recallr�d tnai the i:a�uralisf. had expressed some skepticisin about it. hiayor f�ee asked the City P1a�nagc;° if there taas an;r qu°si.ior e:bout. the imple,,l2ntatior. of the proc�ss. The Ciiy �?anagtr re�;panded stating thc- Council had authorized the Administration to go nhead with th,� nroposal and there is some problems with the Clean Flo Campany. He explained the Coi��pany has had secor,d thoughts about the proposal subM;etea. �r�� City h1ar;ayer further explainec; tl�;t ihe Achrinistration ��as i�� contaci: ��itl� irir. Nielsori, President of t4�e Lions CluL, and were atte„iptiny to wor!: out this situat�ion. Mr. Ellis ex.pressed the feelir.g that he I��cprd the equipment could be purcfiased the current yea.r and operatioral before the_w�inter months so the Lake dues not turn ini:o a swamp. t�1ayor P;ce said the City had received �a lett2r fr�m Clean Flo and as��:ed ii= Mr. Eilis had rece;ved a copy of th�s. Nr. Ellis S�id he f�au d C0�'�Y of the co,��muni- cation. Mr. Ellis said he �•��1s a��;are of the pro[;lems and �nouyt;i ih�:y could be resolved atc`.� cur�rent meetirc. The City 'Qanagcr said they had been in contact with the Lions Club President to get the matter syuar�r>d a�•Jay. He stated the City Council }�ad given the authorizatior+ to do the �vor{: proposed ai�d t'r�e co�i;ractor was ti�at willing to do it. Mr. Ell�s said th�y werc �:��x;eus to get started on the ��roject. OLD GUSTNESS: COPlSII�cRATION OF F'3P,ST REA�I"dG OF {�.iJ ORDIPlFl�JCE �OR ��ACATI0;2 RGQItFST E3'f L. 6E�iSER, SAV ��'75-��, �Li.!:`: I(! f3L�Ct: 4, SI R1ilG [3f;��—F_iiRK 1DCIT10f�: -� ---- . The Fublic Works Director explained the loca�ion of the alle,y cascment and said the Planning Conmission at Cheir meetir�g of June 25 had recommended denial of the request with the understanding that all f�-.��c.es ano nardens taould be removed from the alley by tht>_ fjrst oi Se�tember and later amended Co tl�e first cf O�to�er. I�e said a.t both the Planni„� Coinn�ission Public Heai�ing �nd the Council Public flearing> thei°e � �' i a i , �...-_. REGULAR COU�dCIL D1EETING OF AUGUST 18, 1975 was considerable opposition to the vacation of the alley. PAGE 2 59 Mayor Nee asked if the area property owners had come to some compromise and Mr. Benser said there had been no comp}°omise. Councitman Fitzpatrick said he had revie�•+ed every request for a vacation in some form for the last seven years. He said the City has never vacated an access over the objection to the vacation of the easement. MOTION by Councilman Fitzpatrick to concur �vith the recommendation of the Planning Commission and deny the vacation request by P4r. Leonard Benser. Seconded by Council- woman Kukovrski. Upon a voice vote, Ca�incilman Fitzpatrick voting aye> P1ayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Bi°eider voting aye, and Councilman Starwalt abstaining, Mayoi° Nee declared the motion carried and the vacation request denied. FOR VACATIOfd F?EQUEST dY P1. MCFARLAND CONSIDERATION OF FIRST READIP!G OF AN ORDI SAV ; 75-06, /�LLFI', 98 64TH A"EPJUE P!. E. :_ Councilman Fit�aatrick saia there has been ��o objections to the vacation of the alley and those who had spoke on the matter had spo!:enin favor of the vacation. MOTIOPd by Councilman Fitzpatrick to concur with the Planning Commission recommendation and approve the alley vacation as requesi:ed by P1. Mc�arland. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Nee dec]ared i:he mo*ion carried unanimously. --- -- _---� RECEIVI�JG A RFPORI ON 7HE ISLANDS OF PEACE fU�;DIN6 (COU,�GIL P.EQUESTED A REPOl;� FOR Tfl AUGUST i8, 1975 P•1EETIP�G : Mayor P:ee called on Mr. F3urt Fllis representing the Islands of Peace. Mr. Ellis addressed t.he Counril ard explained ti�at, the Islards of Peace had come up with enough. money to pay the necc°ssary inte�est paymeni�. He said the Foundation had received a�2,000 donation from the Lio�s Cluh to Iielp make the i+;terest payment. He sa'id with the cash cn hand arid the money Leing rei:ained by the City, this would , be ample to meet the ir�terest oi}iigation. hir. Ell�is said fre wanted to thunk thc: me�,be'�°s of the Council for their generosity io the Foundation in cheir pfiysical, help and also arith thei� contributions of money. P1r. Ellis said tl7e Fouiidat�o,r� wrs ha�.�ing a Boai°d meeting that evening concerning future fund raising. He explajned the piar:s tc bE to obi.ain fus�dira frrom the entii°e State rathe� than place the Lur��n on entirely City people. Ne er.plained that the use of ihe facilities a:oulu be r;ore broad tr�ar� that of th� citizens of the City and they believ�d t.he contw�buticns si�ould a7so be irore L-�r�oad. Mr, Ei1is also mentione:: t;�at the-. differer�t Lions Cluh� in other areas have mentioned their desire to cr�ate suc!� facilities for thc handicaped in thcir own areas. Mr. Ellis infor^med the Council that t!�ey ��ere not nianning on �u7lding any facilities on the Islands un±il ti�e ohlic;ation fai° the cost of the ;and had been met. Ht: said they would corne to i;h� City fqY� ap; rm�Al of any bui �dir q plans. Mr. [11is ac�ain thanked the members of the Cou��cil ani s=aid he tivoulci ansG�d�::r ar�y of the Council's questions. Mayor Nee sa.id the� Coimcii vrar�ts �i,o Erui°es� it� ;`•"a-��7t'i�� t° the L�ons Club anci also t�ir. Ellis and sai�i t',�y hav, been very acti�e in th� co��nwnity. �4r, Ellis said tir� Licns �lub ha�' held back in the current donation to e�iue the others in the City a chartc�� to bccome irvolv�:d iri the progra��i b;i� came i;o the decis�ion tiiat the Islands cf Peace �s a a=orthy preject. He aaid 'clie Liens Cli�� has other plans in the City of Frid1ey. MOTIO�v i�v Counc�lmar� Fitz;=atrick to ii,struct the Administration to vrrite a lette�� of gratitt�cie to tha�Lions club for their donation�to the Four,dation for the Islar�ds of Peace. Seconded by Counci?aloir�n Kukaa+ski. Upon a vaice v�te, a]1 v�ting aye, Mayor Nee declared the rno�ion car�°�� unanimously. Counci 1�»ari L'rei de�' s�� i d h� sa.� �ha v tY;� Co«nci 1 hau r�cei ved a letter af agreer�ent concerniny thE pa.ysnent of t.f�e pricipl� di!� arid c;uestianed if the City Attorney had talked to Mr. Lametti. 11,� !; iy Rtt.ryr��et� ar.�wei°ed t.f+at h� is sure that Mr. Minder is also speaking for Mr. Larnetiti. He cxp?ainnd that he had asked for a 7etter of agreement signed Uy both ancl ti�+:� a�as'en��ntioned iectc�' is what had been received. 0 � i ' 3 � ' t� ; ' , ' ' !'� � ' hn � , ' ' . �� ' ' ' ' ' ' ' ' � ' ' � ' � ' � REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 3 The City Manager said there had been a communication from the Attorney for the Tslands of Peace indicating approval from both parties. MOTIOP� by Councilman Starwalt to authorize the administration to pay the interest due for the Hayes River Lots on receipt of the funds from the Lions Club for the Islanc's of Peace Fcundation. Seconded by Councilman Stari:alt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniniously. Mr. Ellis indicated that the check would be at City Hall the following day. RESOLUTION N0. 170-1975 - ADOPTItJG THE AFFIRMATIVE ACTION PROGRAN�: Mayor Nee asl:ed if there was any additional discussion by the Administration or the Council. Councilman Qreider asl:eu if the portion of the Program making the City Council the arbitrating body had been deleted. The City Manager said yes. MOTIOPJ by Councilman 6reider to adopt Resolution ho. 170-1975, adopting the Affirmative Action Program for the City of Fridley. Seconded by Cou�..;ilman Fitzpatrick. Councilman Breider noted thai he was approving the Program, noi: the memo concerning the implemention of tne program. - UPON A VOICE V07E, all voting aye, t�tayor PJee declared the motiar carried unanin�ously. CONSIDERATIO^; OF A RFQi![ST FOR P10PJIES FOR IfJSULF,1IidG FIVE HOMES Ii'! FRIDt_EY (TAE?LED 8/ 11 %7�-- — --- -- The City Attorr,ej• said he had talke,d to Mr. Creeqan and ��1r. Creegan said he ��euld not be present at the c�n-reni me:��ing. He also com,rer�ted that he had talked to t!-,e.4ttorney Gen�ral's Office and had been advised if this prooram is approved, the Cii;y shculd send the propos^d aci;�on pie�n to tl�e AttUrn�� Genera.l's Office in ti-rritting. Mayar hee asked if the City of Ceon Rahids hud bcen contac.ted ar:d tt;c City llttorn�y said yes. The City /;ttor�i��y saic� Coon Rupids ��ad suid that this was a small item. Coi�ncilman Fitzrtric!; mention�d that alternative �;roposals h��d be��r�inentioneG at the previous m�etii�g of the Council. f�iayor Nee ;ues�ioned if th� alternative propo,als would •.-� rr�ore accepiable. The Ci�y Atto�nev said if tf�e Cit.y Ceun�il did not v�.nt to participate ard offer suyg��stions for alterrative proposals, he vrould b.> in a,r�em�nt ��-itn this. Councilmar� Fit.zpat:�°ick mertioried he question^d the curr•2nt pi°oposal sin;.e it did not affect all of tf��e people. . The City 'lttorney said it Svould be possib'e for tl-,e City Co�mcii to indicate Chat they do not care to �-aei:i ci pa Ge i n t:hi s program Lu �. woul ci be t�ri �i l i rg to tai I: about oth�r su�gestions. MOTIOid byCouncil�don:ar? ;:!iE;o��.�s!:i to indicai:e t{te Ci!:y Council is not interesi:ed in i:his particular proposai, but l��il1 1coL at alt�r•natives and a�ks that sugyestions be irad�. Second2ci oy Counciiman Starwalt_ Counciliiian Star��-ralt Sugge�i,eci son�e.thing a?ong the lines of an enerqy seminar. He also suggest.d that: tt�e residents of the City be screened to come up.with this t,ype cf suggesti:;ri. hiayor f'ee said he felt an effective program in this area �vould be very expensiv��. He said cGr-rently the gas and electr•ic companies hav�: extensive pr�oc?rains in ec�ucation. htayor �Jee said if the proposal �vould he i:o go to the romea and mak2 sugge.stions to individual home o��m ers, this would involve a great deal of monny. UPOPd 11 VOIC[ vote, all voting aye, tlayor Nee declared the r�otien carried unanimously. CONSID�R.ATIO�� OF RE�UFST F�R FRE)POSED Dc1�Fl_OPi�IE�dT ON t="AST RIVER RQAD ftT 79TH !�tAY P�. E, — _ _ _--------- - -- -- -------------.— .� _�_�.-----. BY �iERIDAfJ COI2POR71(i0i��?: The Public 4lo�°ks Director explain�d t!ie request to be for develcpm^nt of the sv:itheasi; corner af 79th and [ast River Rcad. He said at the i:ime of ti�e original request for a variance in June, the City Cour�cil concurred �vith Lhe r•ecommr.r•,clation of the Eoard of Appeals and granted the variaiices with i:he stipulations on Page 6-A of the agenda. � `t� -�, E> 1 REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 4 He said the original approval did not include items numbered, 12, 13, 14 and current wording of stip��lation number 8 regarding the entrance. He commented that originally the eighth stipulation indicated there would be no entrance at all on East River Road. The Public Works Director continued to explain,that Meridan had indicated they would not develop the area without an access on East River Road and on July 21, 1975, the City Council revised the eighth stipulation to al1oN� ingress and not egress from East River Road. He said at that time the Council indicated conceptual approval of the proposal and Meridan was to work out the problems to only allow ingress. The Public Works Director informed the Council that the Staff has been working with Meridan and has come up with a proposal which is before the City Council. He said there had been a change in the eighth stipulation and the addition bv the Council of the 12th, 13th and 14th stipulations. Mr. Sobiech explained �he 12th stipulatiori io be that no building permit will be issued until the petitioner has applied for a change in zoning from C-2S to C-1 with no contest on zoning change in the future. fie further explained that the easernents for the deceleratior l�ne will be dedicated as noted on the map on page 6-Q of the agenda. He also mentioned the applicant will construct the deceleration lane accoi°ding to iiie specifications of the Adininistration and the County. The Public WorkS Director said P1r. Nordale vaas pr�s�nt at the meeting to answer any of the Council's questioris. The F'ublic Works Director said t4eridan said by letter that they are in agreement to the stipulations suggested contingent upon City Council approval Mayor Nee asked if anyth�ing in the plan was new as far as the stipulations and i:he Public t�lorks Director said no. Mayor Nee asked if it �ti�ould be possible for the�traffic to gain access i:o East River P,oaa from the in;!ress poir.t. �ihe Public b!o�°ks DirF.ctor said the signs an�i the con�truction of th� ingress �.�rould iva4:e it imposs��le to exit through this area. Mayor Nee said signs alone do no± ��+ork. The Public korks Director sa�id the construction plus the sigr,s would not allow egress. Councilman Fitzpatrick: said he be?ieved that tt�ere v;ould be an increase in traffic proGl�7�s �•�ith this develcprr�ent on 79i:h. Ne said this would have an effect more at this ziC'.e- tt�an when the signal� ar°e inst?11ed. Counc;fman �itzpat�°i�k said he beiieved there would be an ircrease in traffic from the egress on 79th. �fne Public tJorks Di�°ector s�id i;hc Cit,y Council Lud adopted the resolution indicating their de�ires for the installe.tio�,� of signals and intent to participate in the funding ' and this resolution has been suLmiti:ed �o thc Co,�r�y. N° said the County fiighway Departr;er.t is doin9 �: stucly on ihe area involving traffic counts, etc. He said the City has ind�icated there ;s corcet°r� for signals a9:"�his location. Counciiman Fitzpatrick said fie had reservations aboL�t ffie developin2nt of the prope�°ty before. the complet�ion o�i� +.he sir�raf�izatior�i of %9th. Piayor P�ee said he c!id rvt th?r% that tP�e volt�me fi°cr�i the north on East River Road �vould be tf��at yreat. I-le said ne ti�cug4�t n�ost: of thE pt.aple to the north shop at the F•ridley Marhei:. He felt ttie r�ajority c�i the �.raffic to the construction would be from the d�dl"i. 'i1t5. Council!��an Fitzpatrick s<i�1 he is u little frightene:i about the term of channelization of traffic on East; River Roact. � 1"he City fdar :qer said tiie pro;�osal bLfor�e t.he Co��r.cil is rdhe:t had been r.cnceptually a�?pro��ed at the qr`2vio��s !riee�:�ing uf �he Council. i;�. :�:�d tf7ere are some positivP � , factors� that �thc Cc�unci I s��or��!d r.cr�sid�r at this t�i��:, . He said svith the agreemerit 1:o chailq��the zorririg, th-is ;n�;i-u all��J� for a rnorr� ��v�ricted i�se of the property� Council;:>.i� t�r::ider saiti h� thouyf�t �+�ith Ch� insta�l(ati�n of the dereleration land, this would i� �;alua4,le ir, a11�v�ia�:ing the pro�lems ;�n the a_r��. Councilman �reider said he had b� �r, n�ti i�g the a-nount o � +r ��ff � ��cner ��te�d C� rl F� l-om Thom�, Marke�t on Osborne Road ��,d he did not fcc1 that mnc=" �r�a�Ff�i was �;F ��ia'_�.id. i�e said he �,��ould see n�thing hurmful with tne proposai with tne in�taliai:io�; oi t'r�e decelei°aiior land. The C,ity (�9unager mcntinr.ed t.hat the City has t<�ken a st�°ong positior� in favor of the improvE�nient and si_c,nalization of 1;he in?;ersec�ion . il� said the City has indicated � the fundin� for thcir porticn �eill Le prcvided i.he co�ainq year. (�r. l�lex [3arna, 570 liu<;o St. ('J. �., said he fclt: ir the develo�ment is comp?eted in this locati��r�,, he ihou��F��t ther�� ras a bett��r cl�ia_i:ce of �i�e ii�stall�tion of the signali- zation. He said tnc��E: may b�: son�� ti°at�fic fren2 tl�F�^ rorth, becaase�there are many �� people �that do not want to �hi�� a��: t�_he f�ridley F�eod P�'aYket because i�t is a hangout for yaang p�ople. I•1r. Barna �airi he did not li�:�; the nroposal for a deceleration lane, he w�;uld rather see ti,e ingress ar��d egress stricu,l�� from 79th. � ' ��7 � � ' .. ' ' , ' ' ' , , ' . ' ' � 1 I � REGULAR COUNCIL PdEETING OF AUGUST 18, 1975 PAGE 5 Mayor Nee restated the question before tl-:e Council and said the petitioner had indicated he could not build an economically viable business without the variances. He also mentioned the City Council ��:ould have the possible option to deny the request and may face a request to construct a gas station at that location wi�hin the frame- work of the requiremer�ts. He mentioned the petitioner said this is a viable proposal and the applicant felt he could not live with the access and egress only on 79th. Mayor hee asked if the City had received the application for the rezoning of the property. He said this should be received before any construction. MOTION by Counciltvoman Kukowski to approve the proposal hefore the Council with the following stipulations: l. Extensive landscaping on the site; plan filed witn Nianning ue�eruuen�. 2. Berming to be of sufficient height to protect the residents fl°om automobile lighting. (as indicated on the plans) 3. Additional plants (as mar4�ed on the.plans). 4. Entire bu�ilding would be brick. 5. Buffer plantings incorporated with berm. 6. Lighting fccused down so as not to shine �nto the residenti�l property owner'S �:�1t1C�OWS. 7. All blackto� adjoining green area to be separaied by poured conc?•ete curbing. 8. No egress from the develep„�ent onto East Rive�° Road; �nc,ress only. 9 � m Refuse area should hav� solid screen, no gate opening onto the service drive, the port;ion not be�ing used for ref�se stora9e and handliny io be used for plai�t�inas. � � Sidea,�lk connection censtructed to Lincai�; Street. If an agreerent ca.nnot be reached betweer P✓�eridian and Fuda7i, the sidetidalk conn�ction should be construcicd anyr�u,y, t�ut only o� 4��erid?an'� property. ihis will offer proper�y � protection from ��e?.ri�y residE�its. Parking moved dc�,�r�i t�� 20 �eet to pick up a�iditional rooni {:U� enable ca.rs to face in ins::,au of against each otl;er. - 12. A,pplicant �;�ill petition th° City,for rezonir�g from C-2S to C-1 and there wi l l be no coi�test on zen ing change i �-� the fGture. 13. Easen,eni:s to l,e dedicate:� �o trie City oi Fridley as nocF�d on attached map. 14. Ap��licant �;il i coi;siruci a. deceleration lane firom ii�e drive��ay abutting East Ri��er Road to i;he south. Ti�e dr:re1�raticn lane is to be a 12 foot wiue bituminous �.,.t.icn �.vi�h a 2 foot gr�-ve1 shouldet° and is to extend southvrard from tl��e driv��aa,� en�rance lU0 fe.et south-�z�_rd f�°om the so�;tf� radius ard �h�r� i;aper �t 15:i to tie back into ti;e existing roadway. The typical section sl;all ce��sisi, o�P 8" C�ass V bas�, 1'-�" asni;alt binciet° co�rse (ffND 'I_��+1 ) anri 1'-�" asphalt we�ring cour�e (f�sHD 2�41 ). All con- struciion shall Le ir� accordar�ce with the �1-inn2sota Department of Ninhways Stand�u,d Speci�Picatiar.-��= f,nr High��;ay Cor�struction dat°c Januar,y 1, 1972, and as am"��d��d by Supplem��ntal Specification fcr Highway Cor�struction dated January l, 1974. � � Second�d by Caur,ci7ro�u� S�an•ra1t. Upon� a voic-: votc,, a�l voting aye, Mayor fdce declere� the �noi-ion c<;rried uranimo�..s1y. RECEIViNC, TH�_ h1INUTES OF Tii[ FLAP!F�'."G COPs,•1ISSI0�°�_"EETIN� Of AUGUST 6, 1975: � � COPrS1DcRATIOi� Q' �1�fiE AF'PF11! S COtii��1TSSI0"� MEET?IV� �F J�'I Y 7_4> 1975: --- — — — — 11 RC�U�ST FOR A 1'�1f IF,hC� 0� lFa� FRI�L�Y CITY C0�?E SFCTIriJ 20�._Q53, 4A TO R�DUCE _ -- � fHt f F'Oi!T Y� tt >�T ��C' FR(,'�1 �5 «�.-I T[l �5 fE� � 10 � R'ili �O�SIrUCTIO(1 U' A�d � � ATI 1( NED C C I U L E L�'� �'�L� � �`i 4 I.i_ )C F 1, Cl1��! �G d' S SUi�i �ITT I�� t SO'JTH �� ADDiT10�i' 11E `r1 � t7�1!�r, 1�+9��"�r� A4'Ef'U� i;. l_ , FI21[11(Y, f�� Yt-SOfA 55432�REQUEST r<�� ra�.—r;,�r�E sr��,��,�.:o}: � � — �-- — � —� ■ � 63 REGULAR COUNCIL �IEETING OF AUGUST,18, 1975 . PAGE 6 The Public Works Director explained the request as iisted in the heading. Ne said the existing house is 30 feet from the property line and with the proposed construction of tiie garage the structure veould be five feet in front of the building. He explained there was no opposition to Lhe request voiCed a t the public hearing of the Appeals Commission. MOTION by Councilman Fitzpai;rick to approve the request for the variances as requested by Mr. Arne Simengaard. Secondetl by Ceuncilman 5,reider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. � R REQUEST FOR A VARI/INCF OF THE FR;DL.FY CITY CODE, SECTION 205.053, 4a, 5D, TO PE�2h1IT THE REAR YA--RD DE�fiN� �1 2_5 -EET TO 20 FEET FR�1 THE LLEY T PERMIT ' CONSTRUCTION OF A DETACHEI) GAPAGE, i0 BE THE SAh1E BEING 4761 f�1AIN STR[ET P�. E., fRIDLEY, MIPJt�ESOTA 55432 �R`QUEST GY JA��iES 4�I. BILLERBACK : i The Public Works Director explained the request.and said this was requested ' in.order to save a tree on the property. He sain with the reduction to 20 feet any parking in the driveway may encroach in ti�e alley. HF said the petitioner had indicated that this H�ould not be a problem and that he �ti�ould keep i:he car in the garage or drive up acainst the garage door if the City Council concurs in the request. htOTION by Councilman Fitzpzttrick to approvc the variances as requested b,y r4r. James W. Biller�eck, �761 ��°ain Si:reet �d. �. Seconded by Council�voman Kukawski. Upoin a voice vote, all voting aye, Mayor Nee declar.ed the motion carried " unanimously. - LOT SPLIT, L. S. ;75-05, FRIDLFY ASSE"�1BL1' OF GOC CNIiRCH: SPLIT OfF THAT PART OF LJTS d-17_, 6LOCY 1, OSBOR�JE P1Ah;G2 2�,D ADDITIOPt, T�-INT LICS PdORTH OF _ Tl�C FOLLQbJIirG CrSCrIPEt) �lri� �LGIf�� a i;`� "� POilti i��' IH� IJEST LiR[ OF LOT 8, LOCFITED 5 fi tT Ourl; Or i' �!1�; i �-! dFST C(;f:h[R T4�� CF FRSTrRLY TO A FO1NTi i11 TlIE EAST LI�dE 0'r LG7 11_, 6CI�;:1'?�� F��? �jii!;1 OF THC ��IORTHCAS7 CORNER AND THERE TE!;�1I«I�,TI�iG, TII� SAi1F �1E �fvG r72 OS30RiJc i2'�'�^.D_N. E.: i MOIION b,y Councilman 6rei�ier to table the co,�sideration until the request for the vacat-ion is hea�-d by tSie Council. Seconded by Council��romar, Kukowski. Upon a voice voi:e, all votir�y aye, Mayor f�ee dcc',a.red the motion cari°ied unani;nously. VACATIOi:! P.FQI!"I=ST S^.V �`75-09, �RIDL�I' AcSf_f'I`';'_1' Of GOD CHURCH, VF�CATE TH[ 12 FOOi , �b127�T-flACi? t u J`�1 i i 1� E1� �'�Fr ��I°i l�L�'-� i;F P��.F"d Li,l S 1 f�'�D 5. A�D�L TS F3 A(�!D � 2, -- - - --- - - 6LC!�K 1, QS� ��'.i.r ��,'?r!0'2 /�iU i�ti� �Jt F��D h^0 E Ii TO TNE CEt'��iE�l LlidE 0� Tf'E NCtti _- - — - - P� iER'IY LI"�i., lF't SFIi� t3FIi'G 4%2 (J,''�:i'y�� :{L: P.. E.: �10T10��' by�Coui�cilman B�°eid�er to set a publis I;earing on the matter of the vacation requ��-,i t�y Fridl�y `�sser��bly of God Church fo��° Septemb�r 15, 19%5. Seconded by Counciiwon��an Kuko:;sk?. �l,�o�� a voice vote, all voting aye, Mayor Pdee declarcd the motion carrie� unariir��ously. � � VA�fT?�JN REQUFSi, SAV 75 C5 BY R�CII��D ��OK, VACATE TFIC 6 FOOT DRAINAGF A�D � � rr';�;r;� �;�??�T�L�DF-I��, �L;1Cr�-C�.�,R�S T�DDITION, Ti'E Sa�•tE ' ��:,.i. ' �TI �.. :'i � , - -- -- - --- ,. .z � '.. i iZ . .. ._- • �-� �_,� r ��; c�-ri�-_ � Y-. MOTION by Councilman arFider to �et the nublic hearin�jon the matter o�� the vacation rcn� est f�,� P.icl�ard f:ok foi Sr��c:�r+� ��r 1,, 1975. Seconded by Council- vroiran P'. i�:sk�i. i!ron a v.�ice vo�.e u11 e�o*�in� �tye, P1a;ror �lce declared the mc,tion � r:��riec� i?r�r��r�uu�.,ly. � CO�JSIDr.: ") �(��` PPQ�:n�t': PI /'1 P. S �15 C' I!t N�'.IKSEI! r;� ?�11IO�J, G1 I I?F HF(d�:Il:�� ., i" �� 'lf f i� :i� F �P�S OF i �)" �_, r��,�iU 35, �� i��OR'S S,�3D1� 4_t0�v N0. 77 _ _ - - - - - -- - GCN�RI�i�! ��t,l;i D � ! �l � � ` �<74'��2 { �'R� �D_S��t�ff� n� l ��(��N I'ARfCb,NY _ t^;OTIOPd by Co��nc�ilma�� Gr-��i�!er to sct ti�e p�,`1�c f��ear,inc; on the ir,atter of the prorosed plat, P. S. ,f75-02 �av Leif Hen�rick_en. Serorid��d k�y Gouncila}om?n K�akn��s4:i. Upvn a vaice vi,f;c, all vcting ,iye, Mayor R2e declared ihe mo�tion carried unani�r,o�.;siy. Ur�CHiT�� d f�Q'IF�T `,!1�� '-�� -10 ('1 R�II��PT i'i(d�1Cf�S VA('ESTF THE 10 F�OT DqAINtIGE � -- - -- ----- � PhdD �l�i' i� . �", �T� f I x�� Tf `(�N I(li ` 5�i"� `�� t(" V� 1 L�':�'Ok �Ei(Yl T�' ;1�CE - - -- __ _ __ - _ -. _____ � � � 2�dD F�.,i`� ,(,;i, �t��_ 5;414 Gi.l_� �c�! :u"1 iC�rl� Nl(,! t�LK I�'i't;!;E f� E.: h,OTIC'r hy Council��+n [trci;i�r to sct thr} ,�ar,lir. hearing ori i!,e mattei° of t"e a' ' � vacatio� o�f �.t�� dr:a�� .;c and util�ty �asn��n�t for September 15, 1975. Seconded by Cour�cil��;oman K�_;F:c,�.�,l:i. Up��n a voice �vi,�tF�; all voting aye, h1ayor P!?e � ^�..._ declared t.he ��?otien r.arri�ed unan�mously. � . , I ____ _ _ _ _ _ __ _ � I b4 ' ' . ' ' ' , ' ' � , , r. ' ' ' , REGULAR COUNCTL M[ETING OF AUGUST 18, 1975 Pase � Mr. Hinrichs requested that he be allowed to go ahead with the construction which would encroach on the easement due to the shortness of the construction season and the amount of time he is able to be in town. After some discussion on the possibility of al1o�.�anG., prior consent, it was the Council consensus to tvait until after the public hearing to allow anyone objecting to the request to be heard. MOTIOiV by Councilman Breider to receive the Minutes of the Planning Commission Mpeting of August 6, 1975. Seconded b� Councilman StarGValt. Upon a voice vote, . all voting aye, t�1ayor Nee declared the mei;aon carried unanimously. The Cit;/Attorney said he had read the r�inutes of the Planning Commission meeting referring to (3illboards and the Planning Comnission had said he had changed his mind. He said this was not the case, but there may be some problems with semantics. After some discussion it was the Council consensus tha� the City Attorney advise the Planning Comnission on the matter of the Special use permits and that they should be revievred on an individual basis. The City Attorney said he would get son�ething to the Planniny Corm�ission to c;arify ''?i5 issue. RESOLUTION I�lO. 171-1975 -��Ah1I(V� THE SOUTF;�ASi OUiFR DRI!iE OF STATE HIGHtJAI' ; 65 AND INT[RS7ATE HIGHId(aY ;,'694 TO CHE�I LFNE ROP.THEAS�f: • The Public Works Director er.plained the confusion concer��?ng.the current street name since there is no Highway ;='100 and the residents ci- the area haJ requested this change. Ne sa.id the apartn;ent people are the only ones affected by this change. He further expla�ine;; that i.he City had talked to the Post Office and tl�e people of the area and they agreed that Ch�ri Lane wo��lci be appropriate. �10TION by Courrcilman �tarwalt-to adopt Res,�luticn No. 171-1975 naming the Southeast outei° Drive of State Highway =i65 an� Interstaie Highs�ay �694 �o Cheri Lane N. � Seconded by Counci1GVOm?n I:u�:o<<�ski. U; on a voice vote, all ��oting aye, 1�1aycr Nee decla.red the motion carrie� �manimously�. RESOLUTION (d0. 172-1975 - APPROV?i�+G PLANS FOR �.h"��PE�01'ch�iEfJT OF INTERSECTIONS AT —: _ --- -- -- -- -- — -- -- — .-, MISS]SSI;'�I S1°.LfT A�VD T�i -�a7 Aii�) OS�O.idE RU�1U �+id[. Tii 747 (ST. 1975-v�: Co�:ncilma.n Breider asked if there i,�ould be any a.rea provided in the ��iddle of the taro sections of roadv�ay foi° ped.estr�ians a�;d bik�riders. The Public �dorks Director said there �,��uld be no middle sectio��, space v:ould not allo�+ t:his. Councilman Brei��r a°{ed if t�� re is scr��th�ng that could be do;:e to alleviate the prohlem of ped�- � iar� and tilers bei�iy c��.qF�i, one half ef the way through the inter��ction. Thc. Public, 4,�c.r�:s Gir:.ctor said th..�°e is a �rall, light an:� this should give a�rple time to cr�;ss the co,nplete int�rsecticn. � Councilman Greider as{:ed how tl�is i-,�oulci �.�ork ��ith the right hand turn sicnal. The Public t�lorks Director e>;plaine� the precedure fior the sinnals and.indicate�u the t��vo signals ato!ald riot be nui: �into operat�ion at tne �an�e tii�;e. Cour�cili:�af� Breid�r as!<ed if a�?edestrian bridge would be feasible in this area arid if the City had asked thc �f�ate about this. The Fuhlic btorks Uirecior esp',ain�d Lh;t a s+udy inciicated peopi�� ,rould �,a±r�er c��oss the trni�fic than use the ped2st.rian t�•ridges, Council��a�oi?��an F:ui:n�r�ski asked if the City coi:ld put up some yield to pede�irian signs in t:his area. The P«bl?c Idorks Director said tfiis t�rould he rossibie. Courcilman fitzpatrick said he truvels in the area ef tne �entr�l pedestr,ian brid�e cverpass a:�d it is used by aLai�t one ha1f ofi �I.e ueoplc, hiayor Nee said this is used e>:t�nsively by school studen�s. Councilman Breider said he thevyht the proposeu impreveinert �•,ould posicively ai'r"eci the intersectian. Mr. IJick Gararia, 6;!::? Monr°oe St. N. E., said h�� believed tha�: the overall �va'I��.�av would be very heneficial in this area. He explained the serious problem in allo�.ving �� access for ,your.ger people from the�west side of the highway t�-, the east or i:o the area of the L;bra�-y ond said 'ne feli the F�edesti�ian walk�vay v+ould allow access to the � }�ecple liviny bn tl�•�e east side of �t.he high:��ay. ' P�ayor IVee said he thought theCit�� Council .shou1d approve thc- j�roposed r-esol�.:ticn and tllink about the pr�c��osa1 of the overhead �.•;�lt:4aa�� n tl7e fu�ti��re. He mentioned if there � is a dF�la„ th.e City i7ay no� receive anythiriy. Councilman Breider said this was , also his feelirg. � " � 6J `� REGULAR COUNCIL �EETING OF AUG�ST 18, 1975 PAGE 8 MOTION by Councilman Breider ta adopt Resolution No. 172-1975 together with the stipulations. Seconded by Councilwoman Kukowski. The Public Works Director informed the Council and f4r. Garaffa that tfie Administration is aware of their concerns and would watch o��t for possible solution for the problems. The Cfty tdarager said tt�is proposal is not something that the Nighvray Department is proposing, it is the City's plan. The City Marager stated that the City had been trying for years to get this improvement installed. He said he felt this would be a step in the riqht dir�ction. He said this may be started the coming year and if not it would be a year after. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUC-ST FOR TRAtdSFER OF SFECIAL USE PERMIT SP n74-14 FOR NiOQILE HOME SALES AT 73�5 TH ,',-`b5: The Public Works Director explained the request to be a request to develop a lot in Central Vie�v Manor into a mobile home sales operation. He pointed cut on page l0-A, thr �gh 10-C of the agenda, tl�e initial s;,ecial use perm;t was issued to �1r. Rotter for 329 feet. He explained that there had been three lots platted in Central View Manor and one of these lots is affected by the Special Use Permit. Ne Said no�� the operation is proposed for• expansien from 32_9 feet to 50° feet. He said the matter had been tc the Planning Coi�:nission �ir, September 1f i974 and to the City Council in October of 19i4 and thn S�ecial Use Permit �^,as approved G•rith a number of stipulations. (�ir. Sob�iech read the stipulations io the Council and audience. Ne sugg�si:ed that the Council refer the additional foctage to the P7anning Com�nission for° the noi°mal Spe�ial Use process. Mr. Ron Christensen, Realco, Addressed the Council. Councilman Breider asked if P1r. Rotter had-ever done anything in the area ar�d 41r. Christensen said no. Councilman Qreider asked if th� stipulatiors are in force an the property and if the other proposed purchaser is aware of the ayree!��e:7t anci stipu'ations on the property. Mr. Christensen said he �is aware. Mr. Christensen ;renl:it�red that tf�c additicnal pro}r�rty ��rould be used for the mobile home lot. He cor�n�rtec! the reason tl�at ��ir. ItottFr• h�d not continued to pursue the idea is that th��°c v;as riot arnple area for the inohile no��ie sales on the 329 feet. Mr. cFiri�ienscn asked if �he operator tivould be at,ie to er.pand the presei�t special use permit to include the additional proper':y. Councilr�„r Star�.•,�al� qu�,�tioreu the aoiount of fill that had been hauled in th� az°ea. After' so��, disc�issio�i on the � ill , Co�ri: ;?!:,<<n Starvralt questioned the mattei° oi pr°ov�i�(iny the perfor�,�ance bonu v;h�ich t.he Counicl had indicated +,vas necessary at the lst consici�ration of the matter. ^ir. Christe,r.::n said h� believed tne applicant would coinply with tne bond and asked when it �i�� due and in tahat amount. Mr. Cf;ristensen sa?ci the inter�e�ted party i�rould r.a�:e ca�°e o1 tt;e.ir,;provements and utilities and wo�:ld l�ike th�s dore a.s soan as po�sible. � ?L�� Pi,blir, l��orl:: C;rector mertiunec� ti�z.t the trans;�r- of the special use p�rmit on the perCion of thE_ pr,operty thai; 4iad heen aprr�o,�c�.ci �,vould be appropriate, but he felt th�t the �cr!iti;�nal pa.rcel tvo.�ld t��°�.� to go back to the Planninn, Commission and cco�2 �;o the Co�unci 1 agai n. Ccunc'ilin.a� 1=i�czpa�r.r�:-i; ask�d v,��<�.i I:inci �P t��ne �ra�»t. they tivc�re talking about and when he pet�t�ior7cr ;�!ould� like to bt: �.asing i.he ent�ir��: lot far sales. He suid this cor�c,�id�a�ai,:icn tiaould r.ot come bac}; to t}ae Counci] u:�til la�e Septe�nb�r or Ociober. Mr. Viinis L'�ilirski, 113i 4Jashbi.�r� Averiue Soi.al:h, purchaser of the properi:y gave a deve�le,�rnen� plan t:o ti�e Public �Jnrks Director. The Wublic 4;orks t)irectar indicated that the plan was similar to trie one E:�r�oposc� by Fi�^. Rotter. M�yor h'ee aske�+ if a holding area v�-a; being fiilled. T�he Pub1ic 49orks I�irector said thr 10�<< area�to tl��c iar�st is Lie-iry;�il�l:�d. �!�e nc �t�i�ri�d the water fr�o�r� thc 1ow ar��a still drains into f;ortt�n Creel:. Piayor IVee a.sE:eu �i�f there ��ro«Id be any hold?ng area leit ard :.I!e E'uuiic lv'or;,s D;rccto}° saici r�c,t reall�,�. He said the City has drainage easEn�en�;s on i;he �Ic'i, 1 ines. hiaycr fdee asknd if ihe p«rchasar had submit�ted a�l�n for development to the.City and the Publ i c l��orks `i,i rector saic� no. i�'- C�uncil�.;an Fitzpatrick saic;'thFare �aas a ecnc:ern ai>out the maximum number of uni.ts. I � 1/\1 ' � � � REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE g ` He asked if there wauld be any problem in meeting the stipulations. Councilsnan Brei�er , said the maximum number of trailers �vould be controlled by the stipulations. Council- man Breider asked if the proposed plan conformed to tn�stipu'ations and Mr. Christensen , j said it did. Mayor Nee asked if this would also goVern the landscaping of the area ' and the Public Works Director said yes. � ' r ' � ' . CI' ' ' ' � ' , ' � Councilman Starwalt questioned the former stipulation concerning the performance bond for the black top. Mr. Valinskis said he had planned on blacktopping the area before moving the business in• �'C• Valinskis continued to comment that thc� had no qualms about rosting the �1,50U bond. The City�Attorney suggested there be some clarification concerning the installation of the improvements at this time. Mr. Vilinskis said he would lik� some leaway on s*;pulation number eigh* concerning the installation of the screening fence..He explained this would involve a greai deal of cost initially. Councilman Starwalt asked what kind of delay in time he was talking about. Mr. Vilinskis said he would like this extended to Ap�°il 1, 1975. Councilman Starwa]t asked if the 14th stipulation would_be complied with at the present time or the perforinance bond be furnished. The City Manaaer expressed concern about the delay in the installation of the screening fer}�e a�d explained that thepeople of the area were ve�°y concerned about this. The City ��anager said he would prefer that the black top be delayed and the fence be installed right away. He said many people in trailers adjacent to the property would shcv+immediate concern about this and he suggested that the fence be installed right away with the stipulations indicating this. Mr. Vilinskis said he was not opposed to the installation of the ience right away, but if this was the case; he would like to delay the installation of the blacktop until spring. The City Manager said he thought this a�ould be reasonable with the performance bond being provided at the present time. A que�tion was raised abo«t sc.eeninq fence being installed on the entire portion of the property. Councilman Starvaalt said the screening requiremeqt was intitially included because the original request was for the use of the pr•operty as a used car facility and the people of the ar.ea objected to this very strongly. Councilman Breider mentioned that the fencing requirement could not be in force for the entire parcel since the additior.al property had noi; been approved for ihe issuance of the Special Use Permit. He added the Council could only require the fencing on the 329 feet of original property. . Mr. Vilinskis said if the Special Use Permit is not apProved for the additional property, he would not-bu;� the prcperty. He said the original area is not large enough for this type of'operation. There would not be enough area to store the mobile homes. Mr. Vilir•skis asked if th2 Council could give some indication on the result of the outcome of the requesi; for the additional-special use permit. Councilman Breider said it was presumptuous on his part to make any claims at the present i;ime. He comnented that he did not ti;ink any membes• of the City Council would give a concrete answer at this time. Councilman Stanvalt questioned if the matter should be tabled until the other special use permit is reviewed by the Council. The Public Works Director said the transfer of the special use permil: could be dane at this time with the approval of the stipulations as suggested through the discussion. t40TI0N by Councilman Starwalt to approve the transfer of the Special Use Permit for the 329 feet with the applicant making a request for the special use permit on the additional portion of property in the proposal and that the original 13 stipulations from the Planning Co�ission cons�deration of September 25, 197q be enforced with the following�amend��ents: rr7 The pub�ie and employee parking lot will be blacktopped by April 1, 1976, �8 Provide screening fence alon9 the north property line immediztely. Precast curb wi11 be put along the entrance and along the parking area, and with the addi.tion of the 14th stipulation as follows: #14 That a performance bond in the . amount of $1,500 be provided for the blacktopping and landscaping.-'`Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanin,ously. Councilman Breider suggested that if the operation would take this long to become . operational that the petitiorier hold off until sprirg. Counci�man Starwalt said the key to the development of the property would be the installation of the screening fence for the propety owners to the north. The City Manager said since the Council �had taken action of the transfer, the applicant could beyin operation at the present time if he wished and if he complies with the stipulations. _ , - _ _ __ _ _ . ,; �� i � ', ; REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE �0 � CONSIDERATION OF INSTRUCTIONS FO.R CIRCULATING INITIATIVE, REFERENDUP4 AND RECALL PETITIONS: Mayor Nee said he believed the Finance Department had done a very fine job in the preparation of the instructions. Councilman Breider said he had a few questions he felt the City Attorney may be able to answer. Ne commented that all of the requirements refer to the registered voter and with the new 1aw it would be possible to register to vote on election day. He asked the City Attorney how he would interpol�ate this. Councilrnan Fitzpatrick aiso questioned the provision in the recall section tha* 25% be a requirement and questioned 25% of what. ihe City Attorney asked if the Council would like him to answer the question at the present time or research it. Councilman Breider said in talking about the instruction to the people, the signer would have to be registered at the time of siqining the petition or the signature could not be counted. He said he is quite sure that this would be his opinion if he researched the question. He added the City Charter r�fers to registered voters. Councilman Fitzpatrick questioned the provision for 25% of the voters and said • 25% of what. The City Attorney said this would be 25°r' of the total registered voters. Mayor Nee said there is a question about ward elections. He also questioned in this case, who would get to vote. The City Attoi°ney said he felt this question should be resolved. He said this may not come up, but if it does, it will be difficult. Councilman Breider questioned Page 11-B of the agenda, item #10 and asked if the petitioner circulator would have to attest to all of the signatur2s of the people to be who they purport to be. He said if he walked up to a house and a person signs a petition as John Doe, does the circulator have to attest that this is John Doe if it is John Smith. The City Attorney said there is also concern if people sign the names as Mr. and Mrs. Smith. He s�id the circulator would have to be aware of the provisions. The City Attorney said the circulaior is only attesting that the person sinned the petition in his or her presence no� that they are vrho they purport to be. Councilman Breider asked if an exainple could be included in th.is section and the Finance Director said yes, this section could be amended. • Councilman Breider said he �vas surprised to see the administration act so quickly on the suggestion that �he instructions be drawn up. �4ayor Nee �aid he thought this was great also. � . Mayor Nee said there is also a question of how the people sig� r voter registration cards. The Finance Director said there is a problem with won:� �,ing their names as Mrs. John Smith rather than with their own first names. hi�° :'ee said he wou]d not want people disqualified as a signer if the signature woulc ;ary slightly. He questioned if this language•could be softened a little to ask or encourage that the people sign like oi� the regisiration card. The City Attorney sugggested that the two lines of instruction be consolidated. The City Attorney saici the fourth item would have to rema�in the same until there is a Charter change. MOTION by Council�roman Kukowski to approve the instructions to petition circulators as amended with the comments in the discussion. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously., RESOLUTIOPd N0. 173-1975 - SETTING THE CITY�PRIMARY ELECTION fOR THE 9TH DAY OF SEPTEMBER, 1975: - MOTION by Councilman Breider to set the primary election fdr 4Jard III for September 9, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESQLUTIQN N0. 174-1975 - DESIGNATING POLLING PLACES AND APPOINTING ELE:CTION JUDGES FOR SEPTEMBER 9, 1975 PRIMARY ELECTIUN: ' M07ION by Councilman Starwalt to adopt Resolution No. 174-1975 designating polling i places and appointing election Juciges for Sepi:ember 9, 1975 primary election. ' Seconded by Councilwoman Kukowskl. Upon a voice vote, all voting aye, Mayor Nee , declared the motion carried unanimously. ' , , . I � � ' , � , � ' ' � _ (i� REGULAR COUNCIL MEETING OF AUGliS? 18, 1975 PAGE 11 CONSIDERATION OF BALLOTS FOR 4JARD III PRIMARY ELECTIOK: MOTION by Councilwoman Kukowski to appr�ove the ballots for Ward III Primary Election. Seconded by Councilman Dreider. Upon a voice vote, all voting aye, Playor IVee declared the motion carried unani�ously. RESOLUTION N0. 175-1975 - AUTH�RIZING AfyD DIRECTING TFIE SPLTTTING OF SPECIAL ASSESSMENTS ON PARCEL 30, LOT 2, AtvD PARCEL 40, L07 3, LLOCK 2, EF�ST RANCH ESTATES 2ND ADQITION: MOTION by Councilman Breider to adopt Resolution No. 175-1975. Seconded by Council- woman Kukowski. Upor. a voice votp, all voting aye, F1ayor Nee declared the motion carried unanimously. CLAIMS: GEPdERHL AND LIQUOR 11020 - 11250 ' MOTION by Councilman Starwalt to approv� the �laims. Seconded by Councilwoman Kukovaski. Upon a voice voie, all voting aye, Mayor Nee declared the motion carried unanimously. LICEPl�ES: GARBAGE PICKU? BY APPROVED QY Ar.t Willman and Son Arthur Wil?man Health Inspector 51 28th Ave. North Minneapolis, Minn. 55411 McKnight�Trucking, Inc. Narry.K. McKnight Health Inspector 424 South Concord St. . South St. Paul, Minn. Suburban Pickup Service Jack Gallagher Health Inspector 3800 Restv+ood Rd. Circle Pines, Minn. Walters Disposal Service John ldalter .. Nealth Inspector 2830 101st Ave. N. E. , Plinneapolis, Minn 55434 MULTIPLE Db�ELLItvG LICEi�S[S • OWNER ADDRESS UNITS FEE APPROVED QY Wm. L. & Donna E. Zaier 5761 2nd St. N. E. 3 $15 R. Aldrich 6556 Central Ave Fire Prev. Fridley, h�inn John A Swanson 5770 2nd St. N. E. 8 15 R. A1drich 5835 Centran Ave. N. E. Fire Prev. �ridley, Minn. Berton N. Cross c/o Peterson & Kalina, Chtd. � 556 40th Ave. N. E. 5801 2nd St. N. E. 4 15 R. Aldrich Minneapolis, Minn Fire Prev. Glenn Qarrott 5830 2nd St. N. E. 4 15 R. Aldrich 530 120th Lane N. W. Fire Prev. Coon Rapids, Minn. Roger « Elta Blesi 5848 2nd St. h. E. 8 15 R. Aldrich Ralph & Eleanor Ward ' Fire Prev. 2812 64th Ave. N. • Minneapolis 55430 Rogers Properties 5851 2nd St. N. E. 11 1.6 , R. Aldrich 6521 50th Ave. N. Fire Prev. Minneapolis, Minn. 55428 � � ; I 0 i � f I d �� I �' • REGULAR COUNCIL MEETING Of AUGUST 18, 1975 OWNER ADDRESS UNITS Otto G. Truer 5866 2nd St. N. E. 4 5866 2nd St. N. E. Fridley, Minn. 55432 John & Lucille Calguire 6008 2nd St. N. E. 4 2018 36th Ave. N. E. Minneapolis, Minn. 55418 Robert J. Bauman 6061 2nd St. N. E. 4 6046 2%2 St. N. E. Fridley, Minn. 55432 Walter & Mary Sinner 6511 2nd. St. N. E. 4 4427 Monroe N. E. Co]umbia Heights, Minn. 55421 Paul M. Johnson 6525 2nd St. N. E. 7 3925 Shamror'� Dr. N. E. Minneapolis, Minn. 55421 Lynn D. Hansen 6530 2nd St. N. E. 4 210 67th Ave. N. E. Fridley, Minn. 55432 Darold D. & Ruth E. Johnson 5441 2nd St. N. E. 5 4276 7th St. N. E. P1inneapolis, Minn. 55421 Jerry Guimont 6551 2nd St. N. E. 7 218� Lakebrook Dr: New Brigi�ton, Minn. 55112 P1arvin C. Erickson 5770 2z St. N. E. 11 2424 119th Ave. N. E. Coon Rapids, Minn. 55433 Albin Johnson 5800 22 St. N. E. 4 6824 Ewing • Minneapolis, Minn. 55429 Albin Johnson � . 5810 2'2 St.`N. E, 4 6824 Ewing Minneapolis, Minn. 55429 Paul K. LaPointe 5820 2'z St. N. E, 4" 1528 McAfee St. . St. Pau], Minn. 55106 John H. Ouellette 5901 22 St. N. E. 4 848 82nd St. N. E. �• Spring Lake Park,.Minn. 55432 J. W. Lindhold 5924 22 St. N. E. 7 25529 Parkview Blvd. Minneapolis, Minn. 55422 Dale Knott 5980 22 St. N. E. 7 3945 Reservior B1vd. • .Minneapolis, Minn. Robert J. Bauman • 6060 2'z St. N. E. 4� 6046 22 St. N. E. Fridley, Minn. 55432 John Mezzenga 4901 3rd St. N. E. 7 1401 Mississippi St. New Brighion, Minn. 551i2 Arnold C. Elmquist 4913 3rd St. P!. E. 7 8140 Long Lake Rd. N. E. •� Minneapolis, Minn. 55421 __ _ _ . __. fi J ; � PAGE 12 ' � � i FEE APPROVED BY $75 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 75 R. Aldrich Fire Prev. 15 R. Aldrich fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. � 16 R. Aldrich � Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 � R. Aldrich . Fire Prev. 15 R. A7drich Fire Prev. I � .. 15 R. Aldrich Fire Prev: 15 R. Aldri�ch f Fire Prev. , � � 15 R. Aldrich ' �ire P'rev. + . l5 R. Aldrich fire Prev. i 15 R. Aldrich Fire Prev. . _�_� _�.. T._ . i 7 �, � � � ' � � � ' ,. REGULAR COUNCIL MEETING OF AUGUST 18, 1975 � � • - OWNER ADDRESS ' . Arnold Elmquist 4921 3r'd St. N.E. 8140 Long Lake Rd. N. E. . Minneapolis, Minn. 55421 � Arnold C. Elmquist 4939 3rd St. N. E. 8140 l_ong Lake Rd. N.E. Minneapolis, Minn. 5547.1 ' Arnold C. Elmquist 4949 3rd St. N. [.. 8140 Long Lake Rd. N. E. Minneapolis, t�inn. 55421 John Miller 4965 3rd St. P�. E. '. 5015 University Ave. N. E. Minneapolis, Minn. 55421 W. W. Untinen 5025 3rd St. N. E. � c/o Ude�l Larson 6848 Knoll St. Minneapalis, Minn. 55427 '� � Dua�me Roepke 5035 3rd St. N. E. 4533 Lakeland Ave. N. Minneapolis, Minn. 55422 ' ' Mervin L. Byrne 5955-65 3rd St. N. 5955 3rd St. N. E. Fridley, t�iirn. 55432 Richard l�elk 5974 3rd St: N. E. � , 4090 Decatur Hve. N. New Hope, Minn. 55427 Elliot V. Benincasa 6051-53-55 3rd St. 1 6063 3rd St. N. E. Fridley, Minn. 55432 Eiliot V. Benincasa 6061-63-65 3rd St. ' 6063 3rd St. N. E. Fridley, Minn. 55432 � • Roland E Waller & 6071-73 3rd St. N. Richard Veth 290 61st Ave. N. E ' 290 61st Ave. N. E. Fridley, Minn. 55432 Charles A. Lund 5320 4th St. N. E. � , 5320 4th St. N. E. Fridley, Minn. 55421 . Duane L. Schwartz 5347-99 4th St. N, ! 5347 4th St. N. E. , Fridley, Minn. 55421 • ' Donald E. Klostreich 5401 4th St. N. E, ! 2509 Hillview Rd. � Moundsview, t�inn. 55432 Gordon V. Jorgenson 5644 4th St. N. E. ' 2225 Chalet Dr. i Minneapolis, Minn. 55421 ' � Margaret Hendley 5800 4th St. N. E. i 1.1$ N. E. Craigway y Fridley, t�finn. 55432 '• Curtis 6ostrum 5400 5th St. M. E 5652 Regis Trail j Minneapolis, Minn. 55432 �,� � . � _ __ __ _ _ . _. __ _ _ __ PAGE 13 UNITS FEE APPROVED BY . 1 $15 R. D. Aldrich Fire Prev. 7 15 Aldrich Fire Prev. 7 15 R. Aldrich Fire Prev. 11. 16 R. Aldrich Fire Prev. ll 16 R, Aldrich Fire Prev. 7 15 R. Aldrich Fire Prev. 4 15 R. Aldrich Fire Prev. 4 15 Aldrich Fire Prev. 3 15 R. Aldrich � fire Prev. 3 15 R. Aldrich Fire.Prev. 3 15 R. Aldrich Fire Prev. 4 15 R. Aldrich . � Fi-re Prev. 3 15 R. Aldrich Fire Prev. 7 15 Aldricn Fire Pt•ev. 7 15 R. Aldrich Fire Prev. 4 15 R. Aldr-ich Fire Prev. 4 '15 R. Aldrich • Fire Prev. _ _ __ F ; i � S � r ; ' ; ; i t i � . ; � � ; ; i t i i � . 4 t f [ i i �� _. __ . _._ � _ _ REGULAR COUNCIL MEETING OF AUGUST 18, 1975 OWYER � ADDRESS Curtis Bostrom 5410.5th St. N. E. 5652 Regis 7rai1 Minneapolis, Minn. 55432 W. Frederick Hawkins 5428 5th St. N. E. 2800 N. Hamline Ave. Roseville> 61inn. 55113 Roscoe Smith & 5451 5th St. N. E. Charles Hommeyer 3504 Larchwood Dr. Minnetonka, Minn. 55343 Umberto M. Virgillo 5400-02 7th St. N. E. 5402 7th St. N. E. Fridley, Minn. 55432 Harold D. Mc��row 5430 7th St. N. E. Rt. 4, Cty Tk MM River falls, Wis. 54022 Udell Larson 5460 7th St: N. E. 6848 Knoll St. Golden Valley, h1inn. 55427 Kenneth & Sharon Franko 5612 7th St. N. E. 6324 Scott Ave. N. Minneapolis, Minn. 55429 Kenneth & Sharon Franko 5640 7th St. P!. E. 6324 Scott F1ve. N. Minneapolis, Minn. 55429 Douglas K. Johnston 1050 52nd Ave. N. E.. 102 Windsor Lane . St. Paul, P1inn. 55112 Douglas Y.. Johnston � 1090 52nd Sve. N. E. 102 Windsor Lane ' St. Paul , ldinn. 55172 • Douglas K. Johnston 1120 52nd Ave. N. E. 102 Windsor Lane St. Paul, Minn. 55112 Douglas K. Johnston ' 7170 52nd St. N. E. 102 Windsor Lane St. Paul, Minn. 55112 Wayne W. Siewert 251 57th Place Pl. E. 3320 48th Ave, S. Minneapolis, Minn. 55406 Irving Efron & Dr. Irving Herman 2�2 57th Place N. E. 3025 Salem Ave. Minneapolis, Minn. 55416 Otto G. Tauer 359 57th Place N. E. ' 5866 2nd St. N. E. Fridley, Minn. .55432 ' Robert J. Bauman 105 58th Ave. N. E. 6046 2Z St. N. E. Fridley, Minn. 55432 Tropicana Company 190 592 Way N, E. 6250 Wayzata Bivd. � Minneapolis, Minn. 55416 Tropicana Company ' 191 5912 Wa,y N. E. 6250 Wa,yzata Q1vd. Minneapolis, hdinn. 55416 . 71 PAGE 14 UNITS FEE APPROUED BY 4 $15 R. Aldrich Fire Prev. 4 15 R. Aldrich Fire Prev. 32 37 R. Aldrich Fire Prev. 3 34 34 ll 11 16 lo 16 16 4 8 8 7 12 12 15 R. Aldrich Fire Prev. 39 R. Aldrich Fire Prev. 39 k. Aldrich Fire Prev: 16. R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 21 • R. Aldrich Fire Prev. 21 R. Aldrich Fire Prev. Z1 R. Aldrich Fire Prev. 21 R. Aldrich Fire Prev. 15 R. Aldrich ftre Prev. 15 R. A]drich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 17 R. Aldrich Fire Prev. 17 R. Aldrich Fire Prev. ' � I � I. 'lG _ . REGULAR COUNCFL MEETING OF AUuUST 18, 1975 OWNER ADDRESS LeRoy W. Drew 1441 73rd Ave. fd. E. 1821 University Ave. St. Paul, Minn. K. B. M. Investment Go. 1619 73rd Ave. N. E. 3005 Ottawa Ave. S. htinneapolis, Minn. 55416 Donald Peterson & 351 74th Ave. N. E. John 8ehun 1607 Bunker Lake 61vd. N. E. Anoka, Minn. 553�3 Donald Peterson & 389.74th Ave. N. E. John Behun • 1607 Bunder Lake Blvd. Anoka, Minn. 55303 Donald Peterson & 415 74th Ave. N. E. John Behun 1607 Bunker Lake alvd. N. E. Anoka, Minn. 55303 � Kenneth G. Larson 350 75th Ave. N. E. 3232 Independence Ave. t�. Piinneapolis, Minn. 55427 Wm. C. & Robert L Holmquist 450 75th Ave. Dt. E. 3608 Admiral Lane Minneapolis, hiinn. 55429 � Wm. C. & Robert L. Holmquist 476 75th Ave. N. E. 3608 Admiral Lare Minneapolis, Minn. 55429 Paul Burkholder 106 77th 4lay N. E. 7860 Alden Way Fridley, Minn. 55432 Jeffrey D. h1osirnan 1F31 79th Way N. E. 9242 flanders St. N. E. Blaine, Minn. 55434 Elbert E. Staples 321 79th 4lay N. E. 1716 E. 58th St. Minneapolis, Minn. 55417 PAGE 15 UNITS FEE APPROVED BY �g $23 R. Aldrich Fire Prev. 24 29 R. Aldrich .Fire Prev. �} 16 R. Aldrich Fire Prev. 11 Ij] 11 11 11 4 0 4 W L& Donna E Zaier 6550 Central Ave. N. E. . 4 , m. �, 6556 Central Ave. N. E. j Fridley, t�linn. 55432 �i ' SPGA Associates 6551 Channel Rd. �� 909 Farmers & Mechanics . Bank Building ' Minneapolis, Minn. 55402 SPGA Associates 6571 Ghannel Rd. ; • g09 Farn�ers & Mechanics � Bank Building i Minneapoiis, Minn. 55402 11 11 � N th Schwartz 101 Charles St. N. E. 12 a an i " 5916 Medicine Lake Rd. . Minneapolis, Minn. 55422 � I � 1 � � � I i_ __ _ _ __ -- ____ __----- — _ _ 16 R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich • f'ire Prev. 16 R. Aldrich Fire Prev. 16 R. Aldrich. Fire Prev. 17 R. Aldrich Fire Prev. .. 0 � �' � i � : � 3 � � f � ! � � i � � t i D i i �,. .- REGULAR COUNCIL NIEETIN6 OF AUGUST 18; 1975 OWNER ' Nathan Schwartz 5916 Medicine Lake Rd. Minneapolis, Minn. 55422 Nathan Schwartz 5916 Medicine Lake Rd. Minneapolis, Minn. 55422 Vernon S. Hoium 925 Dain Tower Minneapo]is, Minn. 55402 East River Road Corp 19 S. lst St. Suite B2307 Minneapolis, Minn. 55410 John H. Oueilette 848 82nd A�_. N. E. Spring Lake Park, Minn. 55432 Paul Qurkholder 7860 Alden tJay fridley, Minn. 55432 Five Sands Development 7100 Wayzata Blvd. Minneapolis, Minn. 55426 Five Sands Development 7100 Wayzata Blvd. Minneapolis, Minn. 55428 Five Sands Development 7100 Wayzata B1vd. Minneapolis, Minn. 55428 Five Sands Deve7opment 7100 Wayzata Blvd. ` Minneapolis, Mir�n. �5428 Five Sands Development 7100 Wayzaia Blvd. Minneapolis, Minn. 55428 Norman E. Shuldheisz . 1256 8th Lane Anoka, Minnesota 55303 Arnold C. Elmquist 8140 Long Lake Rd. N. E. Minneapolis,•Minn. 55432 Patrick M. Handy 913 N. W. 87th Lane Minneapolis, P7inn. 55433 Arnold C. Elmquist 8140 Long Lake Rd. Minneapolis, Minn. 55432 Arnold Elmquist 8740 Long Lake Rd. Minneapolis, Minn. 55432 Sl:ywood Apartments Mid continent Mgt. Carp. 1130 Minnesota Bldg. � �St. Paul, Minn. 55101 Skywood Apartments � See above address _ __. . _ PAGE 16 ___- _ .__. __j I ! �) I • � . 'l . � ' i ADDRESS UNITS FEE APPROVED BY 179 Char7es St. N. E. 12 �17 R. Aldrich Fire Prev. 180 Charles St. N. E. 12 17 R. Aldrich Fire Prev. 5940 East River Road 12 17 R. Aldrich Fire Prev. 6550 Fast River Rd. 140 145 R. Aldrich Fire Prev. 6551 East River Rd. 11 16 R. Aldrich Fire Prev. 7683 East River Rd. 4 15 R. Aldrich Fire Prev. 7805 East River Rd. 59 64 _ R. Aldrich Fire Prev. 7825 East River Rd. 59 64 R. Aldrich Fire Prev. 7845 East River Rd. 59 64 R. Aldrich • Fire Prev. 7875 East River Rd. 59 R. ATdrich fire Prev. 7895 East River Rd. 59 64 R. Aldrich Fire Prev. 6341 Highway ;65 N. E. 10 15 R. Aldrich Fire Prev. 6370�Highway #65 N. E. 15 20 R. Aldrich - Fire Prev. 6379 Highway #65 N. E. 8 15 R. Aldrich Fire Prev. G393�Highway #65 N. E. 7 15 R. Aldrich Fire Prev. 6417 Highway #65 Pd. E. 8 15 R. Aldrich Fire Prev. N' h #100 fJ E 18 23 R. Aldrich i200 ig way . . Fire Prev. 1230 Highway #100 N. E. 18 �. i 23 R. Aldrich , � Fire Prev. '� 0 I � ' � , ,I i � 74 REGULAR COUNCIL MEETING Or AUGUST 18, 1975 OWNER ADDRESS Skywood Apartmer.ts 1260 Nighway #100 P1id Contirent Mgt. Corp. 1130 Minnesota Bldg. St. Paul, Minn. 55101 Skywood Apartments 1230 Highway �100 Mid Continent Mgt. Corp 1130 P�innesota Bldg. St.� Paul, Minn. 55101 Lynde Investment Co. 910 Lynde Dr. N. E. 9801 Oak Ridge 7r. Hopkins, Minn. 55343 Lynde Investment Co. 990 Lynde Dr. N. E. 9801 Oak Ridge Tr. tiopkins, h1inn. 55343 Lynde Investment Co. 950 Lynde Dr. N. E. �801 Oak Ridge Tr. Hopkins, Minn. 55343 William A. Sha�a, Jr. 7400 Lyric Lane N. E. 5368 f�latterhorn Dr. N. E. Minneapolis, hlinn. 55421 Robert Spong 5475 Main St. N. E. 1202 Pike La4:e Dr. • New Brighton, Minn. 55112 _ Robert Spong 5496 P1ain St. N. E. 1202 Pike Lake �r. � • New Brighton, Minn. 55112 . John Pnelps & P,oger Berg 6021 Main St. N. E. 2521 Aldrich Ave. S. , hlinneapolis, I�iinn. 55405 John Phelps & Ellis Phelps 6035 Main St. ty. E. 2521 Aldrich Ave. S. Minneapolis, Minn. 55405 Highland Park Development Co. 610 Osbor��e Rd. N. E. 9741 Foley alvd. N. W. Coon Rapids, Minn. 55433 Highland Park Development Co. 630 Osborne Rd. N. E. 9741 Foley Blvd. N. W. Coon Rapids, hiinn. 55433 Nighland Park Development Co. 630 Osborne Rd. N. E. 9741 Roley Blvd. N. W. Coon Rapids, Minn. 55433 A. T. Gearman 5650 Polk St. N. E. 6225 University Ave. N. E. Fridley, Minn. 55432 Gordon V. Aspenson 6459 Riverview Terrace 17 Rice Creek Way fridley, Minn. 55432 PAGE 17 UPdITS FEE , APPROVED BY 18 $23 R. Aldrich Fire Prev. 18 23 R. Aldrich �ire Prev. 11 11 71 :3 12 1?_ 4 4 9 34 34 32 4 Donald C. Keefe 201 Satellite Lane N� E. li 2425 Brookridge N. Minneapolis, Minn. 55422 • Walter Miskiw • 221 Satellite �ane P+. E: 11 221 Satellite Lane N. E. Fridley, Minn. 55432 16 R. Aldrich Fire Prev. 16 R. Aldrich fire Prev. 16 R. Aldrich Fire Prev. 15 R. A1 dri.ch Fire Prev. 17 R. Aldrich Fire Prev. 17 R. Aldrich Fire Prev. 75 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. '!5 R. Aldrich Fire Prev. 39 R. Aldrich Fire Prev. 39 R. Aldrich Fire Prev. 37 R. Aldrich �ire Prev. 15 . R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. _ _ _ ._..__ . _ _ 0 i f � � $ � REGULAR COUNCIL MEETING OF AUGUST 18, 1975 GENERRL CONTRACTORS Dino & Son , � 13227 Fremont Avenue S. � Burnsville, Minnesota 55337 • L. Gudmunsen Construction 1054 93rd Ave. N. W. Coon Rapi ds , P1i nn 55433 Lumber King Company 5145 Oliver Avenue South Minneapolis, Minn. 55419 HEATING Del Air Conditioning, Inc. 9860 James Circle ` Minneapolis Minn. 55431 MASONRY -T Al1 State American Concrete, Inc 2659 Dupont Ave. S. Minneapolis, Minn. 55408 ROOFING � Lindgren Roofing & Insulation 5006 71st Ave. N. Brooklyn Center, t�1inn. 55429 HOUSE TRAILER �� ,, . BY Robert Corredato Larry Gudmunsen Jerome Lorberbaum Del Strandberg D. F. Vizecky Dave Lindgren 75 PAGE 18 APPROVED BY . D. Clark D. Clark D. Clark W. Sandin D. C]ark D. Clark Marvin Segelstrom M. Segelstrom D. Clark 7625 Central Ave. N. E. (To be occupied temporarily Fridley, Minn. 55432 wh�]e house is being repaired after fire) MOTION by Councilman Starwalt to approve the licenses as listed. Saconded by Councii- woman Kukowski. ' Mayor Nee questioned in ��ihat form the muitiple• dwellings are inspected for approval for licenses. The City Attorney sa�d they are inspected by the Fire Marshall. Mayor Nee asked if they are inspected from the health standpoint. The City Manager said the City does not have a health ordinance, now they are only approved for fire standards and zoning. Ne said the City is in the process of farmulating a housing code and this would have to be au�horized before this type of inspection is done. Mayor Nee commented that many of the dwellings included for license approval are very run down. . � UPQN A VOICE.VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: - Comstock and Davis, Tnc. 1446 County Road "J" • Minneapolis, Minn.� 55432 . � For furnishing resident inspection and resident supervision for the staking of the following , construction work: • PARTIAL Estimate No. 8 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 trom July 7 � 2g,65 through August 1, 1975 PARTIAL Estimate No. 20 for Sanitary Sewer, Water & �• Storm Sewer Improvement Project No. 114 from June 23 67.40 Thr�ugh August l, 1975 ,• �. I � � � � ; -.. € � � # � #. 4 0 � . �% f i . REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PARTIAL Estimate No. 8 for Sanitary Sewer Improvement Project No. 113 from July 7 thruugh August l., 1975 Peter Lametti Construction 615 Drake St. St. Paul, Minnesota 55102 PARTIAL Estimate No. 6 for Sanitary Sewer Improvement Project No. 113 for period ending July 31, 1975 Dunkley Surfacing Co., Inc. 3737 East River Road � Minneapolis, Minnesota 55421 PARTIAL Estimate No. 3 for Street Improvement Project St. 1975-1 PARTIA,_ Estim,�te No. 3 for Street Improvement Projec� St. 1975-2 Smith, Juster & Feikema � . Suite 1250 Builders Exchange 6uilding Minneapolis, t�innestoa 55402 For Prosecution work dunring the month of July 1975 Weaver, Talle & Fierrick 316 East Main Street Anoka, Minnesota 55303 For Services rendered as City Attorney during the month of July, 1975 PAGE 19 $ 1,676.05 10,623.15 78,907.03 57,705.50 1,765.00 1,187.50 MOTIO� by Councilwoman Kukowski to approve the Estimates for payment. Seconded by Councilman Starwalt. ' Councilman Breider asked what was Project #113. The Public Works Di�ector explained this to be the Centra.l Avenue relief system for the North Innsbruck area. Councilman Breider asked if this project had not been staked and re:ady io��o by this time. The Public Works Director said the project is basically done at the present time. Councilman Brei�er asked if 81 hours on the project i� July is feasible. The Public t:!oi°Fs Director said this is when the lift station work was being done. Councilman Breider q!�estioned how many weeks it i:ook to put in a lift station. The Public Works director explained that this took sorne time and said it had taken from the second week in June until �he fourth week ;n July. He said now the project is in the final stages with restoration work of sod and relocation of the fences. Councilman Breider asked what the inspector does for 81 hours. The Public 4lorks Director said it would take quite a few hours to make sure the lift station is put in properly. Council!�,�n Breider asked if.this would include working every day. The Public Works Director said not every day, just 81 hours for the rnonth. Councilman Breider said thi:re are anot"er•272 hours charged by another person. He said this had confused him. Councilman Breider a�ked what the other man does for 272 hours. The Public Works Director said• one man is an inspector and the other is a surveyor. UPOPJA VOICE VOTE, all voting aye,Mayor Nee declared the motion carried unanimously.' ADJOURNEMENT: � MOTION by Councilwoman Kukowski to adjourn the meeting. •Seconded by Councilman �tarwalt. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of P,ugust 18, 1975 adjourned at � �� ' , Pat Ranstrom Wiliiam J. Nee �� Secretary to the City Council Mayor � Qate Adopted 0 0 I' � FRIDLEY CITY COUNCIL MEET�NG �J ' PLEASE SIGN NAME ADDRESS AND ITEM NUMQER IN7ERESTED IN DATE: : � f I � NAME ADDRESS ITEM NUMBER ' _____________________________________________________�____-________-____-__________-__-_____-__- � �� 5 � ( � ' � ,,-, � � „ �.�� . Cl. �� i� s� ��,a�c�� /�. � I ��-! . �� . � � � ,_ � �� - -�: y� � � t�� ' i i � � � / a: I i � f � _ r /� �� ` %7� �� I��.! � ti� �� % j��l��f �i S � �� i��P i� �� A.� �. 7�� IL c.- !� �� , ' � . . - � FRIiJL�Y .CITY .CGU��CIL — �cGULHR (�9EETI�dG — �UGUST lg, �.975 — 7:3� P,1��1,. 1 , � PLE1�G� OF ALLCG I �li'C� : 1 , �;OLL CALL: � � , � „ �{'PROVAL t�F i'�l I i�UTES : � � , pUBLIC i;EARING i`�EETI�vG, �ULY .��, 1975 1 � . , T��OPT I O��a OF J�G�:i�J�F� : � 1 . . , 1 , _.. � 1 � • OPE�� F�RU��1 — VISIT�ORS: � - 1 1 � . 1 .. 1 . . � RcGULAR P�E�TIi��G, AUGUST 13, 1375 OLD Pi1SIi��cSS: PAG� 2 . COiVSIDERATION OF FIRST READING OF AN ORDINANCE �FOR VA,CATION REQUEST BY L� �ENSER, SAV #7�-04, ALLEY I�J I�LOCK �, SPRIfJG �t�R00K PARK ADDITI01! � � � � � � , , 1 - 1 A CONSIDERAfION 01= FIRST READIidG OF Af� �RDTNANCE FOR VAC�TI OiV PE(�UEST B.Y �FI � I'�CFARLAiVD, S�V �r75—Oo, ALLEY; �� TH AVENUE id � E , � � � � � � . � � � � � . � � � Z .— Z � RECEIVING A REPORT ON THE ISLANDS OF PEACE FUNDING CCOU(�C I L REQUES�'FD A REPORT FOR THE I�UGUST �.a, 1�75 �`�EETING) � � � � � � � � � � � � � � � � � . � � . . � � . . 3 . . � . . � , . . , . . . ' Ri�GJLAR i�1�ETI��3G UGUS i3 1975 PAGL 3: . , A T , 1 p ,., _ _ L� BUSI��CSS �COtJiINUCD) ', CONS I DERATI OiV OF A RESOLUTION �IDOPTI iVG AN �IFFIRh1A�IVc. ACT'ION t�ROGRAM � � � . � . � � � � � � . � . � 4 - � .� , � . ' ' ' � ', CONS�IDERATIQ�! OF REQUEST FOR MONIES FOR 1NSULATI��iG FIVE ��Of�IES Il� F(�Ii�LEY CTABLED o/li/75) , � � . , � � . � � � � � � � � � � � , , � � � � . 5 1 . � �� , 1 . . � � � ' CONSInERATIO(V OF REQUEST FOR PROPOSCD . ' DEVELOP�1EN� OPJ CAST RIVER ROAD AT %�TH ��AY IV � � �. BY I��ERIDIA��! CORPORATION � . � � � � � � � . � � . 6 - � i� , . - . ' ' ' � . � � . ' . . R�GULAR ��ETI��G, AUGUST 13, 1975 PAGf� 4 . i�t��J BUS I i�ESS : R�ECEIVING THE ItiIINUTES OF THE PLANf�JIiJG COMMISSION �`��EETI f��G OF AUGUST t�, 1�%� � � � . , , . � � � � � � � � � _ � � � •— % �HH �l) GOfdS I DER�T I OiV OF APPEALS �Oh1MT SS I ON 1�II NU1"ES OF Ju�v 29, l�%5 � �F�) ��ZiJE S I P1E�IGAARD, �.�� t r� Av�i�u� : %pD — %EE APPEALS COMMISSI06�! REC0�1MEi4DATI0fJ: APPROVAL � COUNCI L ACTI ON REQt1I REt� : �O�VS I DERATI OfJ OF � RECOMMENDATIOfV � (�J Jar�IES �'� ��I LLER�ECK, �761 i`�AI f� ST, 7 C— 7. Fr- APPEALS COMMISSION �ECOMM�f�DATION: APPROVAL COUidCIL �CTION. REQUIRED: COiVSIDERATION OF - RECOMMENDATIOiV �Z) FRIDLEY ASSEMBLY OF GOD, L. S�'��—��, - 472 OsBORVE ROAD i�a , � , PLANN I NG COf �P•1I SS I ON REC0�IMENDATI ON : APPROVAL COUNCIL ACTION REQUIRED: TABLE, ►'�AIT FOR DETER— MIiVATIOfV OiV VACATIOfd REQUEST 7 �J A REGULAR COU��CIL f�IEETIi�G, AUGUST 1�, 1975 ��3E�� ;�USIi��SS (coNTiNU��) �ECEIVI NG I II NU1'�ES OF �LAPvNI hG ��h1MI SSI ON iGOPJTI NUED) �3). FRIDLEY RSSE��9BLY OF GOD-, SAV ��75-0�, 4%Z OSBORNE RQAD i�, �, PLAedPJING COMMISSION RECOMMENDATIOiV: �PPROVF�L COUNCIL ACTION REQUIRED: SET PUBLIC HEARING PAG�.. 5 7 �J - 7 �iC �i�) RI CHARD i�OK, Sa� �`%�—��, ��.�% ��Ci�I NLEY ST � i'� � E. 7��-.7 L PLaNid i fJG �Oh1��1I SS I OfJ RECOf�IMENDATION : APPROVAL COUNC I L ACT�IDN r�EQU I RED : SET PUBLI C i�EARI fyG �5) I�iEi�RI KSEf� ADDITION, P� S� #75-0'l, BY �EI F NENRIKSEU ' � PLANNING COMMISSION RECOf�iM�fVDATION: APPROVAL �'�ITi� STIPULATIONS COUNCIL ACTION REQUIRED: SET PUBLIC HEARING 0 7 .,L - 7 �P � REGU�AR COUi'aC I L MEET I PdG, AUGUST 13, 1975 ��J �US I I��SS (CONTI NUED) PLANNI NG COi�1(�1I SS I ON ��I f�UTES �CONTI NUED) �S) ROBERT h I i�iRI CHS, SAV �75-1�, ��., `��il a 100I RICE CRtEK TERRAC� PLANi�Ii�lG �OMi�1ISSION RECO�iMEi�DATION; APPROVAL G"�ITi-� STIPULATIONS ` COUPdCIL ACTION REQUIRED: SET PUBLIC HEARIf�G , _ 0 P�GE 6. 7�P-7�Q ��.) ��EAGELc OUTDOOR ADVERTISIfVG COMPANY; g SPECIAL � Q—%CC I�SE P��r�11TS ��ILLBOARDS) PLANN I NG COMP1I SS I ON RECOMNitfVi�AT I ON : CONT � TO ��20I%� �OUNCIL �CTIO.N REQUIRED; I�ONE • �S) �iREDE, INC�, 5 SPECIAL USE PERMITS iBILLBOARDS) �],CC PLANf�ING COMMISSION RECOMM�.N�ATION: CONT� TO �/ZO�%7 � COU�VC I L ACT I ON f�EQU I RED : i�ONE � REGULAR COUiJC I L I�1�tT I i'dG, AUGUST 13, -1975 ``dtl�V 1��SII��tSJ ��ONTINUED) PAGt 7 CONSIDERATION OF A RESOLUTION i�AMING THE SOUTNEAST OUTER DR I VE OF STATE Ii I GHWAY �b5 A�JD I NTERSTATE HIGHWAY �6�� T0 CHERI LANE i'jORTHEAST � . � � � . � � � . � g — S � CONSIDERATION OF A RESOLUTION APPROVIiVG PLANS FOR IP�IPROVEMEPJT OF I NTERSECTI OP1S AT I��1 SS I SS I PP I STREET AfvD Th �� Af�JD �S:�ORNE ROAD Ai'�D T� t��. �5.�, 1�75-4). �� y— g 1� G CONSIDERATION OF A REQUEST FOR TRANSFER OF SPECIAL USE PERP1I T SP #��4-1� FOR I'�OB I LE 110ME SALES AT � ��55 iH ;#b5 , , , , , , , , , , , , , , , , , , , � . , . .1� - 10 E . R�GULAR COU��CII. i"ri�tTIiuG, �1iiGUSi ib, 1�75 0 iVcV� l��s 1 I'JL'SS �CONT I NUED) PAG� 3� CONSIDERATIOfV �F INSTRUCTIUNS FOR CIRCULATING IfJITIAi IVE, REFEREtJDUM AND RECALL PETITIOfVS � � , . . , � , 11 - �.1 � �OiVSIDERATIOfV OF A i�ESOLUTION SETTING TNE CITY PRIMARY ��LECi IOi� FOR THE gTH IiAY OF ScPTEf�1btR, �9%� �,.� 1L . 0 COP�SIDERATION OF A RESOLUTIOiV �ESIGNATING POLLING . PLACES AND APPOINTING �LECTION JUDGES (=0R SEPTEh1BER 9, � 1�%S PRIMARY �LECTION � � � . � � � � . , . � � � . , , , , 13 - 15 B 0 - � 0 REGULAR C�Ui'dC I� f�1EET I �dG, I�UGUST 1�, 1975 I�E�� t�USI��SS �CONTINUED) PAG� 9 CaNSIDERATION �F �ALLOTS FOR �vARD III PRIMARY tLECTION , , , , , , , , , , , , , , , , , , , , , , , , , 14 - 14 � •CONSIDERATION C)F A R�SOLUTION AUTHORIZING AND J�IRECTING THE SPLITTING QF SP�CIAL.ASS�SSMENTS � ON PARCEL 3�, LAT Z AND Par�cE� 40, LoT 3, i�LOCK Z, �AST f�ANCH LSTATES 2fJD I�DD I TI 0N � � � . � � . � . � � � , , 15 - 15 A �LAIMS � � � � � � � � � � . � � � � � . � � � � � � � . , T6 g , � � � . I I REGULAR COU��C I L P�1E� I I ��;G, AUGl1ST� 1�, 1975 � PAG� 10 �!, 1 � . � �'yLW BUS I iuESS (CONTI ivUED) . ' . � , � ' LI CEfVSES , , , , , , , , , , , , , , , , , , , , , , , , , l7 - 17 �J ' 1 . � � : 1 � 1 �STIMATES � � a � � � � � � � . � � . � � . . � � . . . . , 13 - 1S i3 1 . 1 1 . . . r �� . . � � � ' ADJOURN: - � � ' . _� i _ i ' . � � ' ' � , . . . __ _ _. _ ___�_ ._ _. _ _ __ _ _ � � 29� . r ' , , , , '�J , � � � ' A THE MINUTES OF THE PU B LIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 1975 The Public Hearing meeting of the Fridley City Council of July 15, 1475 was called to order at 7:34 P.M. by Mayor Nee. � PLEDGE OF ALLEGIANCE: Mayor P:ee invited those present at the meeting to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEP1BERS PRESENT: Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee, Councilwoman Kukowski, Councilman Breider. MEF46ERS ABSE�VT: None. ADOPTION OF AGENDA: Mayor Nee said there would be one addition, the consideration of a resolution in opposition to the Rules and Regulations of the Municipal Shoreland Management Act. MOTION by f.ou��cilman Fitzpatrick to adopt the Agenda as ame°�ded with the addition of the Resolution in Opposition to the rules and regulations of the Shoreland Management Act. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARIN6S: PUBLIC HEARING ON IMPROVEMENT - STORM SEWER IMPROVEMENT PROJECT N0. 118. � MOTION by Councilman Starwalt to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, atl voting aye, Mayor Nee declared the public hearing opened at 7:36 P.M. The Public 4�lorks Director said the current matter was brought to the Council to solve a problem in the middle of a drainage district. He explained the first proposal for the elimination of the drainage problem to pick up the water at the catch basin on Benjamin Street and take it to the north to 60ih to the existing stArm sewer at 60th and Oakwood Manor. He said this would collect the water being directed to the low area on private property. He said the water had been collecting in the low area prior to the construction of the street. Ne said the water still drains to the low area through the catch basin. He said there would be"some benefit to the remainder of the property in the drainage district. He said the estimate for this improvement would be approximately $20,981.25 which would result in the assessment of'$8.66 per�100 square feet. �layor Nee asked if this improvement would influence the surface or pavement of the existing ' improvement. The Public Works Director said no, this could be installed in the boulevard area. He explained the only restoration work to be sodding of the boulevard and driveways on 60th Avenue. He said the $8.66 is a very high assessment, and it is the highest proposed in.the City to this date. • � ' - � ' t II� The Pu61ic Works Director said an alternate proposal had been figured for the direction ' of the water by piping from the existing catch basin on Benja��in south to the mutual property line and into the lot area. He said this would still allow the flow of the water to the � depression or low area where it has been flowing all along. He said this would require � the City to acquire some easements for the construction of the system and the lot area. He said this estimated cost would be approximately $10,150 or an assessment of $4.19 per 100 , square feet. . He said this solution would be more compatible to the assessments of the other areas op the City. This would eliminate the idea of development in the low area and the C1�y would n�aintain the property in the low area. He said the water would be collected in'the low area where it has been collectin4 for�some time. Mayor Nee asked if this improvement had been petitioned for. The Public Works Director said no, it was bro'ught to the Council at the direction of•the Council. Councilwoman Kukowski asked who would be assessed for the second proposal, and the Public Works Director said everyone who would be assessed for the first improvement. He saic: ' they were talking about the same area. _ Councilman Starwalt said if the easements are acquired, there would be no future deve1opment n PUBLIC HEARIPIG MEETING OF JULY 14, 1975 Page 2 291 � � in the back lots. He asked if this action could be overturned in the future i,f development is desired. The Public Works Director said it would be possible but it would be di'fficult and costly because the piping would exist in the area. He said this could be done by filling the low area and replacing the pipi.ng system. Mrs. B.L. Liliemoen, 1583 Gardena Avenue, addressed the Counci] and indicated she lived . on Lot 22. She said s.he would not be in favor of any easement. She also said she may want *� develop her property in the future but she did not know when. She suggested that if there there is any easement necessary, this be done on Mr. Erickson's property because he is the one with the problem. Mayor Nee asked Mrs. Lillemoen howshe felt about the proposed project which were aTternatives one and two. Mrs. LilTemoen said she would like the pipe installed on his property, not her own. Mayor Nee asked if she would favor the improvement if the pipe was placed on Mr. Erickson's property, and Mrs. Lillemoer said she would not give up any easements at all. Councilman Starwalt asked if the easements were on Mr. Erickson's property, would Mrs. Lillemoen favor either the first or second proposals. Mrs. Lillemoen said she would not favor any of the proposals. She suggested that a pipe be run under his driveway close to his steps with a catch basin insialled in the iov area. She suggested that the expense be taken care of 6y Mr. Ericl:son or spread around to everybody. She mentioned that this was the City.Engineer's first proposal, and this would take the shortest amount of.pipe and involve the least cost. She suggested the pipe be covered v�ith dirt. She said she did not.want the pipe on her property line, she would not be in favor of this. Mr. Jim Tiller, 5929 Oakwood Manor, said the water.had been coming into that area far years. He said the basic drainage area has not changed. He said he did not think there was more water in the iow area, and it was there when the house was bought by the present owner. He said there could be more water in the area since the improvement of the street. Mr. Tiller said the improvement would benefit one individual. He said he had been by the property after a recent rain, and there was no water standing in the low area the next day. He said he had not noticed any erosion. Mr. Tiller said he could not see this kind of expense to take care cf someone else's problem. Mayor Nee asked if the people of the area had been assessed for any other storm sewer • lateral. The City Manager said there had been some assessment for storm sewer, bu� this was a very small portion. Mr. Bailey Tiller, 1535 Gardena Avenue , addressed the Council and asked how deep the storm sewer wou}d have to be in this area. Ne asked if a tank u!as to be installed. The Public Works Director said neitf�er one of the systems contains this type of installation. Mr. Bailey Tiller explained he did not understand the �mplications of the proposed improvements, and he had talked to an attorney who would represent him in this actior. with the City. _ Mayor Nee asked Mr. Bailey Tiller if he was opposed to one or both of the proposals. Mr. Tiller answered that he was talking about someth.ing being installed like a tank. He said he would not favor the condemnation of any property. He said he questioned if a.r,yone would want to develop the back area and said this was a beautiful area with wiidiife. He safd he did not understand the current proposals. He mentioned Mr. Don. Savelkoul would represent him in this consideration. • Mayor Nee asked Mr. Tiiler if he had any inclination to sp}it off his lot, and Mr. Tiller said he did not. Mayor Nee asked if he had any interest in having °�nother building site in the back of his land, and Mr. Tiller said not at this time. Mr: Ti11er said he had no intention of selling his front lot. The City Manager said no one is saying the land would be•condemned. He said the owner could give the City the rig�t to install the pipe, and there would be no reason to acquire or condemn. Mayor Nee asked if the estimate of $10,000 included money for • condemnation. The Pub]ic Works Director said yes. � Mrs. Nina Sakariason, 5965 Oakwood.Manor, said she is still paying for the road, and if any more is added, she would not be ab]e t� pay this. She added, even if it would be a little bit,.it would be too much. Councilman Starwalt questioned if there would be additional assessmertts in the future, and the Public Works Director said yes, they are in a subdistrict within a larger district, and they would receive assessments in the future development.• '� Councilman Breider questioned the method of assessment at this time and in the future if . this improvement was approved at this time. The Public Works Director explained there , has been-a .City policy where a large area is taken and the assessments are equalized ' ' � 292 PUBLIC HEARIN6 MEETING OF JULY 14, 1975 x Page 3 for rate in the whole area. He said this would depend on the amount of benefit received, and this would have to be reviewed again. '� Mr. Nick Garaffa, 6750 Monroe Street, asked how this proposed improvement Would compare to the conditions in the area where Mr. Miller had developed. .The Public Works Director said this would differ.in the manner that there are many property owners, and Mr. Miller was the sole owner of tFie property ' at the time there was a drainage problem on his property. He saia it would be similar in that the area was draining into a low hole. Mr. 6araffa recalled that Mr. Miller had asked that the property be drained. The Public . Works Director mentioned that Mr. Miller was the sole owner of the property. , Mr. Garaffa pointed out that the property owner may not have been aware of the problem or condition a�hen the property was purchased. He said he felt the precedent has been set by the Council action in the Miller case which drained sites to allow more buildable lots. , ' � � Mr. Bailey Tiller said he would like to clarify the statement that was made 6y Mr. Star-walt. He said his water does not drain into Mr. Erickson's property, the street drainage goes into the Erickson property. Mr.�Tiller said he lived in the area for many years, and Mr. Erickson never had any water on his property until the Engineering Department put inthe street. Mr. John Bolich, 1580 60th Avenue, said he had a garden in the low area for three years, and he had never fiad any water in the garden. He explained when the property was sold, he had to give up the garden. He said he had lived in the area for 11 years, and there was never any problem with the water until the street was put in. Mayor Nee asked Mr. Bolich if he agreed with the border of the drainage district. Mr. Bolich answered, he did not know, he had not taken a transit to get this information. Mayor Nee said the street improvement generated the problem. Mr. Bolich said why they did not put the storm sewer in at the time the street was installed, he did not know. He said now they would have to cut up the area to do this. ' ,. Mayor Nee asked Mr. Bolich how he felt about the proposed improvement at this.time. Mr. Bolich said he was not for or against the improvement. He said he would not want an increase in his assessments. He said he would agree that�there is a problem and something would have to be done, but he , could not offer a solution. �iayor Nee asked Mr. Bolich which plan he would favor,and Mr. Bolich said th.e least expensive. Mrs. Dorothy Lillmars, owner of Lot i, Block 1, Route 2, Stacy, Minnesota, ' questioned the amount of assessments on this lot, and Mayor Nee said this Ftould be 831.36. Mrs. Lillmars said she believed this to be excessive for a lot with no accessability. Mayor Nee said they did have a deprived access. j Mayor Nee said the City did have a plan where the back lots would be built on, i and now the people say they do not.want to buiTd on the back lots; now the ' plan i,s invalid. Mayor Nee asked Mrs. Lillmars if they would like to deveTop their land. Mrs. Lillmars said her husband thought this would be possible. Mr. Bailey.Tiller said he thought •there were only two buildable sites in the 6ack portions. r ' ' � � Mr. Mahlon S. Moe, 5955 Benjamin Street, addressed the Council and said h.e owned Outlot A and asked how much the assessment would be for this parcel. He said there is no access to this property and no hope of access in the future. Mayor Nee said this is estimated.at $1,379.27. Mr. Mahlon said the assessment for Lot .� , Block 1,,Acorn Hill Addition is$921.42. He said this �u�� make his assessments in the area of $2,200. He said he would not 6e �n Pavor of the improvement. Mrs. Lillmars asked how much the assessment would�be for 1561 Gardena Avenue. Mayor Nee said this is estimated at $498.81. Mrs. Lilimars asked why this was only one half of the price of the other lot. The Public Works Dt'rector ' Sa�the front half of thislot is in another assessment area and has already been assessed. 293 PUBLIC HEARING MEETING OF JULY 14, 1975 - Page 4 Mrs. Fredrick Schmitt, 5963 Oakwood Manor, said she is opposed to any more assessments. She said she did not feel that she contributed to the water. Mayor Nee asked Mrs.Schmitt if she had any intentions of splitting off her ba�ck lot. Mrs. Schmitt said the lot had been landscaped in the back portion to take care of erosjon, and she did not feel she would split it. Mrs. Sakariason said her property does not contribute to the water. She said she is paying $4,000 in assessments at the present time. Mr. Lawrence Peterson, 5991 Benjamin Street N.E. addressed the Council and said he thought all of this water was going to t; Erickson property. He said with the proposed system of piping from Benjamin to 60th, this would 6ave to be a very deep system. He said the people of the area should have had the sys.tem installed at the same time as the street was installed. Mr. Peterson asked how long the water stands on the Erickson property. Mr. Erickson said from one to two days. He said all of the debris from the street such as sand, gravel and si7t is washed into the area. Mayor Nee asked how deep the cut would be to install the storm sewer and, the Public Works Director said,in the deepest place, as deep as 13 feet. Mr. Erickson said he is the person who catches all of•the water, and when he bought the place, there was no water in that area. He said he would like to clear up some misconceptions. He said he thought the probTem was created by the City,and the City knew there was going to be a problem there. He said this concern had come up on the hearing. He said he had come to the City and asked that the damages be taken care of. He said there are some funds escrowed, and some people do not know there are funds escrowed for this type of improvement. He said when t.hey had purchased the house, they thought there was a pending assessment for the storm sewer construction. Mr. Ericksan said he was not in favor of the.second proposal. He said he thought this was too much money for a poor solution. He said as long as he had the money in escrow, he would favor the construction of the complete system or alternative number one. , Mayor Nee asked if the volume of the water had been increased with the construction of the improvement of the street. He asked if the water coming down Gardena was routed in another di�rection before the street improvement, ihe Public Works Director said the.drainage district had not been increased. He explained that this drainage is directed into New Brighton and there may be a sma11 amount comi•ng into this area. Mayor Nee asked if this had drained in this area before, and the Public Works Director said yes. Mayor Nee said the paving has accentuated the problem. Councilman Starwalt said the water does route to Benjamin, and if anyone had ever stood there in a rain, they would be surprised at the amount. The Public Works Director said he had been there in a rain. Councilman Starwalt said the water did go east on Gardena and now it goes north on Benjamin to Mr. Erickson's property. ' • The City Attorney said generally speaking, the laws on surface water drainage • ' as far as municipalities saythat they can dispose of this water in a reasonable fashion. He said a municipality can drain into a low area that , ftad been burdened with this•water previously. He said when the streets are lmproved, there is going to be more and faster runoff. The City Attorney said in his opinion, the City has some tiability because the water is being � col}ected and disposed of by means of the culvert onto Mr. Erickson's property. He said he did not think this would be considered a reasonable •, way to dispose of the water. He said if tf�ere is damage, erosion and � gravel being deposited, he felt Mr. Erickson would be entitled to some legal 1^egress. He said if the City chose the second alternative, subject to the� , acquisition of the lov� area, this would be logical and reasonable. He said he was not advising that this be done, but just�mentioning tf�at this wou7d � be a logicat solution and one option t6at the City would have. Nidyor Nee said one question that would have to be answered would be if the people of the area want access available for the back l.ots. He said the City has some obligation to find some solution. He said this would be a legal obligation if not a moral obligation. ' , _ _ _ _- _ _ _ _. _ 1 ._...-_ .. _. 1 294 ' .. , . ' ' � ' ' ' � . ' , PUBLIC HEARING MEETING OF JULY 14, 1975 Page 5 Mrs. Lillmars said she has lived in the area for many years and there was never any water down in the low area. She said she thougF�t it would be the City's responsibility to solve the problem if it has been caused by the City. . Mr. Robert Erickson said he was not pushing any one of the plans. He was just seeking action on the damage that has been done. He said this is a problem the City created, and he expected to have something done about it. He said this is the reason that this public hearing had been called and the reason for the funds being escrowed for the storn sewer. He said whether or not the storm sewer is installed or the whole thing is dumped, he Would like the damaged taken care of. He said these damages would run from $10,000 to $12,000. Councilman Starwalt referred to the' damage done and said he would question if they would be that high. He said he would agree at one time after a rain there was four feet of water standing in the low area, and a couple of times when there was three feet of water in the low area, but it drains away fast. He said five people had escrowed money for future storm sewer construction in this area. He said he would not want to personally declare that there will not be any storm•sewer project; they are working with too many unknowns. He said he thought the escrow process is a reasonable process for a situation sucii as this. He said he was not on the Council at the time that this was decided upon. He said he would not want to see the escrow accounts to be in jeopardy. Councilman Starwalt said he recalled t.hat one time Mr. Erickson said he would' be pleased if the City would. pipe the runoff water rather than have it overland. Mr. Erickson said he had told Councilman Starwalt at City Council meetings dnd also in private that this is not an acceptable solution to the problem. He said only one time did he say he would consider this type of• thing, and this was if it was a temporary solution and it would be dcne out of general funds. He said he had corrected Councilman Starwalt on this point at two meetings. He said he only ag.reed to this type of solution if:it were to be temporary and out of general funds. He said now the second alternative comes up with this type of action, but the land will be condemned, and it is to be a permanent.solution. He said he was not in favor of this kind of solution. • Councilman Starwalt said Mr. Erickson had said he.would accept the under- , ground construction. Mr. Erickson said he agreed if this would be temporary and out of general funds. He said the current proposal or second alter- native would ruin other people's property and his own, and they would have • to pay a great expense for this. , Councilman Starwalt asked Mr. Erickson if fie would accept the piping of the water to the low area if this would be at no cost to him. Mr. Erickson , asked who would pay the cost. Councilman Starwalt said it would be at no • cost to htr. Erickson. Mr. Erickson asked if he meant that no one would be � assessed. Councilman Starwalt said yes. Mr. Erickson said he would agree to this if it was a temporary solution and no one was assessed and if the escrow account was not disturbed. , ' 1. ,� � , Councilman Starwalt asked now much in jeopardy the escrow funds are at the present time. The City Attorney said if this was challenged in court, he did ndt want to say that the City would win the challenge. He said this would be doubtful or questionable. He said the City would,have a 50/50 or less chance. He questioned if the City had the right to hold the escrow funds indefinitely. The City Attorney said there is no.time limit for holding the escrow, but they state a reasbnable time limit. He mentiuned two to tnree years would be okay, but any longer than this, he • would not say the City could be sure to win a challenge. Councilman Starwait said the temporary solution would.not take care of any future development. He again mentioned there are so many unknowns in this consideration. He asked if ihe people would say that this area was to be developed, and they were put on record saying this, would this have a bearing on how long the escrow.monies could be held. The City Attorney � 295 PUBLIC HEARING MEETING OF JUIY 14, 1975 Page 6 said no, he did not see where thi.s would be a consideration Councilman Starwalt said something would have to be done that the people agree with. He said the majority of the people do not want to have an improvement project with the exception of Mr. Erickson. Mr. Erickson said he had not expressed the desire for either of the alter- natives. He said he is not in favor of the second proposal. Mr. Erickson stated he would like the money retained in escrow. He said he would.like samething done about the damage to his property. He said he had $],500 in escrow for storm sewer. Mayor Nee asked if the money would go to Mr. Erickson or the previous property owner if the escrow is given up. Councilman Starwalt said in this case, it would go to the prior property owner. Mr. Bailey Tiller said he thought he was obligated to contribute to the. improvemer:. He said he would like to see something instailed such as a ceptic tank in the low area. He said he is opposed to the two proposals presented at the present meeting, but he felt he should pay his share. Mayor Nee asked Mr. Tiller if he was suggesting an installation such as a dry well, and.Mr. Tiller said yes. The Public Works Director said one of the proposals had been to put in an energy dissapator which would takeup the force of the water flowing into the low area. Mayor Nee said it would seem to him that this would fncrease the costs. He said the energy dissapator would allow the water to remain running over land to the low area. Councilman Breider questioned if this could and should be done from the general fund. He said Mr. Erickson had reluctantly agreed to this as a temporary solution. Mr. Erickson agreedto this statement. The Public Works Director said it would be difficult to calculate the price for this type of system. The Public Works Director said if the parce] of property •. was cut by the pipe on a triangular line, this would solve the problem of not having the pipe on the property line. Councilman Starwalt said he thought Mr. Erickson would provide the easement. Mr. Erickson said he did not know about this, Mr. Erickson said he would have to have someone appraise the property. The Public.Works Director said he thought this �emporary solution may be from $5,OOOto $7,000. Mr. Erickson asked if they were talking about a pipe running through the center of his yard. The Public works Director said yes, and Mr. Erickson said forget it. MOTION by Councilman Starwalt to close the public hearing. S.econded by Councilwoman Kukowski. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 9:18 P.M. ' �I Mayor Nee informed the property ow.ners that the Council would not be taking dction on the item at the current meeting, this would possibly be done at one of the next two meetings after the staff is allowed to prepare addi'tional information. � RUBLTC HEARTNG ON TMPROVEMENT - STREET TMPROVEMENT PROJECT N0. ST 1975-1, � _ DENDUM N0. 3: MOTION by Councilman Starwalt to waive the reading of thepublic hearing notice and open the public heari�g. Seconded by Councilman Kukowski. Upon ' �a voice vote, all voting aye., Mayor Nee declared the motion carried unanimously, and the public hearing opened at 9:19 P.M. The Public Works Oirector explained this hearing to concern the improvement . of Siverts Lane, one of the last remaining unimproved streets in the City '.of Fridley. He said up until this time the City has been maintaining the , � unimproved street and plowing it in the winter months. He said there had been grading done on a few occasions. He said the mainterrance of this ' street was done with the anticipation that the sanitary sewer and water �tduld be installed in the future to serve the property on the south end of I�\ Siverts Lane. Mr. Sobiech recalled at a recent City Council meeting, there, � ' ' ' , ' ' ' ' ' � ' ' ' ' , ` �9E • r- PUBLIC NEARING MEETING OF JULY 14, 1975 Page 7 had been a request approved to waive the hook up to the sanit�ry sewer and water facilities on this lot. He said this lead the staff to-put the present improvement on the agenda for public hearing. The Pub1ic Works Director said it is not the City policy to maintain unimproved streets. He added, if the property owners are not in favor of this street improvement project, they could agree to maintain tf�e street. He said the estimated cost of the original roll for this imrpovement is $10,205.80 which would involve a front foot assessment of $8.30. The side yard assessment would be $1.24 per foot. The Public Works Director explained the feeling that in this case the. side yard assessment may not be appropriate because of the street being a dead end street, and the use of the street would be quite restrictive. He said in alternate IVumber One, the front foot assessment would be the full assessme.nt with the street being used as their access. He further explained the possibility of the two properties on 69th being split in the future, so they had been figured for front assessment for tf�e southerly portions. He explained the cost for Alternate roll number one to be $9.04. He sai.d Alternate roll number two would have a side yard together with a front.foot assessment for an assessment for the prope:ties at $9.67. He said in this roll, they would use only 75 feet of frontage for Parcel 250 and Parcel 260. The Pub1ic Works Director explained the third Alt•ernate roll was prepared only.using the abuttin� property owners and using a 75 foot frontage for Parcel 250 and 260 with no side yard assessments for a front foot rate of $12.54 The Public Works Director said this would �e a 28 foot bituminus roadway with no curb and gutter. Mayor Nee asked if the other lot on the east side of the road is buildable. The Public Works Director explained this to be a tax forfeit parcel being fteld by Anoka County for the City of Fridley for Open Space acquisition along Rice Creek. Playor Nee, asked if the City of Fridley �•�ould pay the assessments for this lot in this case. The Public tdorks Director said this amount would be applied to the tax forfeit property. He said the amount� would be paid by the owner of the property whether this be the City or t6e County. Councilman Starwalt asked if the City.had any plans for the park in the east side of the roadway. The Public Works Director said he was not aware of any specific p,lans. Mayor Nee asked if Siverts Lane had paid a side yard assessment. Mr. Mervin Herrmann, Assessor, said no, because there are only front yards on this property. . Councilman Starwalt asked what amount of frontage would be charged for Parcel 260. The Public Works Director said this would be 75 feet of frontage: Councilman Starwalt asked what portion would be assessed for Parcel 250. The Public Works Director said this would be 270 feet on Alternate Number Two. Councilman Starwalt said Parcel 250 is doing quite well. Councilman Starwalt questioned what type of curbing could be installed. The Public Works Director said this would be a slight asphalt berm that would be machine made. �� Cou�cilman Starwalt asked if tFie Council was dwdre tt�at t�iere i�s act�`on , 6efore the Planning Commission to vacate the road easement in Parcel 260.' He asked how this would affect the improvement. The Public Works Director said not at all. He said there is no other property to the south that would . need access. Councilman Starwalt asked if the roadway was for gaining access to the dam si:te. The Public Works Director said the parkland to the south � could be used for access to_the damsite. He said agreements or easements could be obtained from the park parcel to the e�st. He mentioned that he did not think anyone had needed access to the dam in years. ' � � Councilman Starwalt mentioned that the Parcel E is 16 acres and asked if there are any plans for aGCess on•the east edge. The City Manager said ther� is a public easement and access by the townhouses. Mayor Nee said there is no way to get down to the creek from 69th. He asked if there were�any development plans. The City Manager explained the money obtained for this i A PUBLIC HEARING MEETING OF JULY 14, 1975 Page 8 -�97_ project was only for acquisition at this time and not for development. Mayor Nee questioned if there may be a need for a larger street in the future. The City Manager said in Locke Park,which.is a 125 acre park,tFiere is a very small roadway, and it is sufficient. Councilman Starwalt asked who is pushing for this improvement. He said he felt that no one in the area wanted the improvement. Councilman Starwalt questi.oned if there may be some need for the installation of utilities in the future, could this be done after the improvement of the road. The City Manager said there would be a good size boulevard, and tf�e utilities could be installed in this portion. . Councilman Starwalt questioned if the smaller size roadway would come up to City standards. The Public W.orks Director said this would be a standard street with the only difference being the width. The Pub15c Works Director said the recent normal cost for street improvement has been in the area of $15.00 te $17.00 per front foot,and this improvement would be quite a bit less than this. The City Manager said this would be a minimai type of improve- ment to k�ep the construction costs down. Councilman Starwalt questioned the type of curbing that would be insta7led. The Public Works Director explained this to be a triangular shaped berm that ; would be machine made. He said the normal curb would be much higher and wider. He mentioned that this would be four inches high. Counci7man 8reider asked what the cost would be to maintain this type of street. The Public ; Works Director said he did not have the figures for this. He said the grading had been done on a request basis, and this had been done about twice per year. He said the plowing would be done when needed. Councilman Breider questioned how much the maintenance would cost the City of the improvement was installed. The Public Works Director said the grading would be e7iminated.. ' . E � � Councilman Breider asked if the snow plow would take out the berm. The City i Manager said no, this.is the type of berm on the 57th alley, and there is no � problem. The Public Works Director said there is also this type of berm on f 64th between Arthur and Central. The City Manager said if in the future � ri�ere is a request, the concrete curb and gutter could be added on to the ; road. He said t�te proposed improvement would not be a waste, ii could be ; added on. � Mr. Tng Siverts,'6850 Siverts Lane, addressed the Council and questioned • why a street improvement proposalcame out of a request to waive the sewer a�d water connections. The PublicWorks Director explained that since this r'equirement had been waived, there are no other developable properties which would require utilities. He said the City had been waiting for the improve- me�t of tf�e street until such utilities were weatF�er installed or all waived. Mr. Siverts said no one.had requested this improvement. 7he Public Works � Director said the City had not received a petition for this improvement. lie said the City had been maintaining the roadway with the idea there would be sanitary sewer and water installed in the future. He said now with the waiver,the City is not anticipating the installation of sanitary sewer and water on Siver.ts Lane. He said the next step is to install the street impr•6vement.. A resident of the area said the property to the east has not had the wa•iver. The Public Works Director said this is the property being held by the �! City of Fridley for park purposes. The City Manager said there is no � question that this will be park property. The resident asked if the park would want sanitary sewer and water. The City Manager said there is enough boulevard so that this could be installed in the future if it is needed. �He said there are 15 feet on each side which is right of way. A resident of the area questioned why the road would be needed if it'was to only serve the two people that live back there.. The Giiy Manager indicated that the people of the area can say the road is not needed, and they can maintain the existing roadway. Mr. Ing Siverts said he preferred that they not improve the road. He said it ftad been in existance for a number of years at its present starrdard, ',ti� . _ �_ , i : 298 � ' ' L� __ _ _ _ � PUBLIC.HEARING MEETING OF JULY 14,'1975 Page 9 , and it was acceptable. Mr. Siverts expla.ined that the City has furnished two loads of stabilized base, and they are very happy with the conditions. � The City Manager said if the three people would agree on the maintenance of the roadway, there would be noproblem. He said in time there would have • to be a road installed, and he pointed out it would either 6e now at today's prices or in the future at an increased rate. � ' ' . ' , Mayor Nee said this was brought up because of a policy of tfte City to not maintain unimproved roads and alleys because of the cost of this. He said if the roadway is not installed, the City would abandon the maintenance of this road. He mentioned no one is pressing for this improvement. They were trying to make the property owners aware that if the street is not improved, the maintenance will be withdrawn. The property owner of Tract D addressed the Council and said this arrange- ment would be fine with him. , The owner-�f Parcel 260 addressed the Council and said he felt the improved street and cul de sac would enhance his property, but he would not.want to impose the assessments on the remainder of the people in the area for this reason. The City Manager said this would be no problem, but the peopie of the area would have to take care of the maintenance. He stressed that if the improvement is installed in the future, there would be an increase in the costs. Mr. Ing Siverts suggested that if there is any access to the park,that this be put in to the east on the other side of the houses andwest of the townhouses. He mentinned that this would be a better area for traffic of this kind rather than Siverts Lane. Mr. Siverts also mentioned there f�as been some problem with traffic through the tax forfeit parcel of property. He�said he had put barriers through there, and they had been removed. He suggested that the matter of the easterly access to the park be talked about in the planning stage. • MOTION by Councilman Starwalt to close the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 10:01 P.M. PUBLIC HEARING ON REZONING REQUEST, ZOA #75-03, BY CITY OF FRIDLEY FOR GEORGE IS IN FRIDLEY TO REZONE fROf4 M-2 TO C-2; 37Z0 EAST RIVER ROAD: The Public Works Director explained.that this property was owned by the City of Fridley, and during this time, it was zoned P. He added, before this time, it was zoned M-2. He said the request is to change the zoning to the existing use. •He said the proposed zoning does not prohibit, and it does not specifically allow the current use. The Planning Commission recommended approval of the rezoning request. . , Councilman Breider asked if this.property was on a contract for deed with Mr. Nicklow and the City. The Public Works Director said yes. Councilman Brelder said the City had the option to purchase the property back in the � peri�d of five years, and the City Manager said yes. Councilman Breider , asked if there is a building plan for this area. The Pub9ic Works Dire�ctor � said there was no building plan, just remodeling. Mayor Nee asked if there was anyone present who had any comments. Mr. Richard Harris, Chairman of the Planning Commission, addressed the Council and said he was not.so sure that the property should be rezoned to C-2. He thought it may be better as M-2. Mr. Harris asked the City Attorney to clarify this.point. Mr. Harris said he thought this would be spot zoning, and if the City had not granted the title, the rezoning would not have been recommended. The City Attorney said the property is zoned P for pu6lic use and would have to be rezoned. He said the City would have some obligation to de,liver the title for the purpose the property was sold. He said if the property is 0 �� • PUBLIC HEARING MEETING OF JULY 14, 1975 • Page 10 burned or damaged more than 50� it would not be reptaced because it would be non conforming. He said this rezoning would only be fair to the man that bought the property. � Mayor Nee asked if there was any objection from the property owner. The Public Works Director said no. Mayor Nee asked if there was any objection from the adjoining property owner, the Metro Sewer Board. The Public Works Director said no. Mr. Nick Garaffa said when the property was sold with a stipulation that tfie City would be able to take back any improvements or construction , made on the property. He asked if there had been any construction. Councilman Breider said there had been a paved parking lot installed. Mr. Garaffa asked if the City was eliminating their�chanes of getting back ' i:nto the 1iquor business at this location some time in the future if this 1`s desired. The City Manager said there would be no problem, the City has tFie right to purchase the property for the amount that was paid for it plus the interest. Mr. Garaffa said.this current action would not change the . cflances of picking up the property,and the City Attorney said no. � Mayor Nee questioned how the City could be sure that there were no objections from the property owner when they had not heard from.him. The Public Works Director said the owner had signed the application for the rezoning. ; ' 4: MOTION by Councilman Fitzpatrick to close the pubiic hearing. Seconded by ;. Councilman Starwalt. Upon a voice vote, ail voting aye, Mayor Nee declared : the motion carried unanimously, and the public hearing closed at 10:11 P.M. RUBLIC HEARING ON VACATION RE UEST, SAV #75-02, BY DENNIS SMERUD, TO VACATE H AVENUE BETWEEN 3RD STREET AND UfJIVERSITY AVENUE; 4603 3RD STREET N.E.: Tfie Pu61ic Dlorks Director said the action was initiated by a plan for an addition to the home of Dennis Smerud. He said the addition would be eight to ten feet from the south property line. He said at the time of , application, he found he would either have to apply for a var�ance or request the vacation of the roadway. He said the roadway is not being � used, and the two adjoining property owners have been maintaining the a1^ea and have a garden in this area. Mr. S�obiech said from the engineering standpoint, there are no objections to the vacat.ion. He said he would recommend tF�at the City maintain the drainage and utility easement as suggested' by the Planning Commission. He said the Planning Commission, at their P1ay 21, i975 meeting, recommended approval of the request with three stipulations. The Public Works Director said there has been a suggestion made that the City may wani to retain such parcels for tennis courts and tot lots. He said he would like to bring this to the Council's attention and also mention there had been no objections to the vacation. Councilman Fitzpatrick asked if either of the other two cut off. streets �in the area had been vacated. The Pub]ic Works Director said no. The City Manager explained that if the City has any desire to install any tennis�courts or tot lots in this area, it shouTd be noted that there is not much land available for paY�k in this area, and he would like to bring this to their attention. He said this would be one of the only tots that would �! be barely large enough for the development of a tennis court. He said this would be a less expensive method for public use than the acquisition of property. He said this property is not in the center of the area develop- ment. ' � Councilman Fitzpatrick said this is the most southerly of the other possib- ilities. The City Manager questioned which one of the areas had the steep terrain, and the Public Works Director said th•is is the one in question, 46th. ' The Public Works Director said this would not be too suitable for a tennis • court, but it would be large enough for a tot lot. Councilman Fitzpatrick asked if�all of these areas were previously access tq Highway #47. The City Manager said yes. � The City Attorney said there may be a legal problem in this type of action. J ' r . - . — � 30� PUBLIC HEARTNG MEETI'HG OP JULY,14, 1975 . Page•11 He said normally wflen easements are vacated, tfiey return to the property ,' that had dedicated the land or the adjacent property. He questioned if the City would have the right to use the area for a park when it was a street easement. He said this would be very questionable. He said this right .could be acquired, but it did not exist at the present time. , r J MOTION by Councilroan Fitzpatrick,to close the Public Hearing. Secondedby Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing c1osed at 10:21 P.M. The City Manager questioned the direction the Council wished him to take on the matter. Councilman Fitzpatrick indicated he believed that if this park idea were to be pursued, he thought the 47th easement would be more appropriate for this type of plan. He said he didn't think this would be a proper imposition on the two property owners. The City Manager said he would bring the iiemback for vacation. PUBLIC HEARING IG RESOLUTION HARTER CHANGES: DFL CLUB. REGARDING THEI MOTION by Councilwoman Kukowski to waive the reading of the public hearing , notice and open the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10:23 P.M. MOTION by Councilman Fitzpatrick to receive the resolution from the Fridley , DFL concerning the Proposed Charter Changes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick asked what would be theprocedur.e for the adoption of the amendments by the City Council. Mayor Nee said it would have to be a unanimous vote by the Council. He said this would be done by ordinance. The City Planager explained that if the Ci.ty Council does not agree with the recommendations, the Charter Commission would have the authority to submit tfte changes to the voters. ` Mayor Nee asked if the changes should be discussed item by item to determine Whether there is agreement. .Councjlman Fitzpatrick asked if the City Council .. had to accept the changes unanimously in part or whole. He asked if it would be possible for the Charter Commission to review the comments and submit the change back to the Counci}. The City Manager said this would be possible, or they could submit the cf►anges directly to the voters. Mr. Dennis Schneider said_ the Fridley•DFL�is. technically in favo.r of the � Charter Amendment for the housekeeping changes. He mentioned some of tf�e sections they anticipated to disrupt the petition process. Mr. Nick Garaffa said he would like to ask the member of the Charter Commission who was present at the meeting, Mr. Herbert Bacon, about the section concerning the attesting to signatures. He said he had to attest to the signatures on a petition for filing to run for Councilman. He questioned � wh�ther or not someone in a referendum could follow this procedure. . He said if someone comes to the door of a home, they assume he or she is the pe.rson that they say in their signature. He did not believe it a - go�d practice ta have to ask someone for their driverslicense. He questioned why the penalty is mentioned in this section. . Mr. Herbert Bacon addressed the Council and said the Charter Commission's - inteni; is to see that any petitioner would get this information before he goes out to circulate a petition. He said there are many people that do not .� know what they are doing when they go out to get signatures. He said they do not know what they are going after. , Mr. Garaffa said the: City Clerk must take the peti�i�n up to Anoka County and compare the signatures against the voting registration records. He said ottly then Will they be considered valid. He asked why this type of : � PUBLIC NEARTNG MEETING OF JULY 14, 1975 0 Page 12 procedure would be necessary. �. Mr. Bacon said the signature could be valid, and it could be someone signing � , 'for their husband or wife. � Mr. Garaffa asked the Finance Director if the City takes the petitions up i, � to the Councy and compares signatures. The Finance Director said yes. � � ' Mr.�Garaffa asked why this additional language woula ee neeaea. The Finance Director said the staff are not handwriting experts. He said they check to see if the signature is a registered voter, and if it is obviously not the signature of the registere�l voter, they wi71 say that it is not a valid signature. He said if the signature looks reasonable, it is accepted because what evidence would they have to challenge it? Mr. Garaffa said the general rule of the land is that people will be honest. He stated those people at the polls comparing signatures of voters are not experts either. Mr. Dennis Schneider said the statement does not tell the circulator•what to do, it only tells hiln if he does not do this right he wil] be fined. Mr. Bacon said the stiffer fine would make peaple•think twice. The City E Attorney noted that the current Charter language said any violation is a , ', misdemeanor, and this is defined by State law as a criminal violation to � be fined up to $300 or up to 90 days in jail. He said.in comparison to the c suggested language, he would int�erpret that it may have been the intent k to lessen the penalty. He ment.ioned he was not sure that a judge would }, consider this language i�n court. � Mr. Dennis Schneider said he•did not think the suggested language would help the petitioner. He said it may scare him. Councilman Starwalt asked Mr. Garaffa if he had any quams about attesting to the signature on his filing,petition, and Mr. Garaffa said he did not. He said he knew the people that had signed, and there was no question. Mr. Garaffa said he did not think a very good method to obtain signatures would be to cross examine pe0ple by asking for a drivers license or something to validate the signatures. Councilman Starwalt said there are some liars, cheets and thieves in this � world. Councilman Starwalt said the job of the.petition would be number one, { to know who you are talking to. He said this would add creedence to the ¢ petition. � a Mr. Garaffa said he was advised by the City Staff to obtain at least 15 • > signatures when only 10 were needed because some of the signatures would ; not be valid. Councilman Starwalt said they would not be valid if they are i not registered voters. He asked if something was wrong with the system of � validating signatures. F Councilman Starwalt said a filing petition is a very serious matter, and there are other petitions that people do not take so seriously. ` Councilman Starwalt read a portion of the changes on Page 5-I of the agenda and said if no one challenges the signatures, they are considered valid. Mayor Nee said they would have to be signaiures of registered voters. Councilman Starwalt said the voters do not have to register until election day Mr. Garaffa said people who sign petitions are not necessarily bad guys. Ne said this is the only regress action that can be taken if the governing body would�act against the public wili. He said a showing is obtained .- by the petition, and this is gi•ven to the Council to indicate they are doing Something wrong. He said this is done in a fine American manner by people going out and talk�ng to their neighbors and getting their signatures to back some action. Ne said this petition is brought to the City Council to say "see you have the wrong idea�'. He said circulating a petiti'on is hard work and takes a great deal of time. He said this is done by people who care. He said he had thought that an extra penalty was being applied, 0 ' � i PUBLIC HEARING MEETING OF JULY 14, 1915 Page 13 but if th9s was a lesser one, perhaps the remark should stay.• Councilman Starwalt said if the petitioners believe in their cause, tfiey should know who is signing the petitions. �° Mayor Nee directed Councilman Starwalt's attention to the portion of the City Charter that says the signatures must be those of registered voters. • . � Mr. Richard Harris asked what type of petition this referred to. ' Councilman Breider said this would befur initiative, recall and referendums. • Ma�tor Nee said this may be discriminatory. He added there is no penalty '�, � for fra.ud in other petitions. ' '. Mr. Richard Harris said the Planning Commission had just received petitions with people signing both petitions for and against the same issue. He questioned if this type of petition should also be cleared up. • Councilman Breider said if the Council would receive thousands of signatures, ,, . it would not.make much sense to�argue about which ones are valid. He sa.id this petition,with the amount of signatures,should be an indication that the�Council siiould think twice. He questicned if they should get hung up . on the fact whether John signed for his wife or not. He said he did not think this was being fair to the community. " �� ' ' . \ ' , � Counc•ilman Starwalt said he was not trying to knock down or out a number of valid signatures; he did not think this would affect the amount they would receive. ' Councilman Breider said he would like the petition signing and validating procedures something that would•be simple to prosecute if the City Attorney has to do this. Councilman Starwalt said they wa�ld have to be realistic. Councilman Breider said'the potential is there, but it will take three votes of the Council to rebuke it. Councilman Starwaltsaid if a paper came with no valid signatures and no one opposed it, it could be determined a valid petition. Councilman Breider said he did not think this had to be defined any further in the Charter.. He mentioned the City Clerk's roll in validating the signatures and said he thought it would be more appropriate to give the petition circulators a list of the items to be aware of before the circulation of the petition. He said the same thing was done with the people filing for Council that should be done when other petitions are circulating. He suggested a pamphlet be made up to describe the process. He said he thought this would have to be a policy thing rather than within the City Charter. Mayor Nee said they should consider the emotional hazzards circulators could face where it could be possible to become mouse trapped. He mentioned if someone else knowlingly signed a petition falsely, the circulator would be responsib7e and prosecuted, not the person who had signed. May.or Nee sa'Id the signature of a spouse is valid if it has beeri authorized. He mentioned it is better to r.ot take the spouse signature because the authorization is hard to validate. He said there are other irstances w�iere a signature is not accepted as valid because the people do not sign as they had on their. signature card. Mayor Nee said this is reasonably hard to get the signatures validatPd in some instances because if there is a petition being circulated, it'is because the majority of the Council is opposed. Mayor Nee said he thought the idea of the pamphlet wae a good one. He said he did not know if any people wanted to do a defective job, but t�ey'do make mistakes. He said if the idea is to teach the people the proper process, this could be done by means of�a pamphlet and in the pamph- let it could be mentioned that it is a misdemeanor. He said eve'n if there is some problem, all the petition would do is ask for an election and the people would still have to be registered voters. The City Attorney said the language recommended in the Charter recommendation does not state "knowlingly", and he thought a judge wou7d look at the charge determining if it was an honest mistake or done knowlingly. He said he did not kpow if he would recommend•adding this language but mentioned tBe Yiolation would have to be fraud or gross negligence, The Finance Director asked if this could be changed by the Charter Commission. The City Attorney said it could be sent back to them notifying them of what had not been approved by the Council, and they could make changes or send i � J �� . Pl16LIC NEARING MEETTNG OF JULY 14, 1975 _ _ ._-- _ _.�__� i I ; Page 14 � the proposed changes to �the voters. . MOTION by Councilman Starwalt'to.close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 11:04 P.M. The City Manager asked if the whole proposal should be brought back to the Council. Mayor Nee said the Council could go through the items one by one and determine those which could be adupted by ordinance. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF ,....-,.,,,� ,,..��..,.�.�T� ��.� i n-r n onorri t�tn ONn I f1T 1(1_ PARCFL ]575. BLOCK G MOTION by Councilman 6reider to adopt Resolution No. 104-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERE;ION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING^OF OF LOC Z4� 1'HKGtL ClyS, 15LU�� 1, nlv�rcvi�w nr.iuii�� n��.�. MOTION by Councilman Breider to adopt Resolution No. 105-1975. Seconded by Councilman Starwalt. Upon a voice vote, all votin.g aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF ��r�� «��T� nni � nT �� vaQrFi ��n_ aNn I nT �R_ PARCEL 2215. BLOCK I MOTION by Councilman Breider to adopt Resolution No. 106-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTNORIZING AND DIRECTING THE•COMBINING OF ' SPECIAL ASSESSMENTS ON LOT 29, PARCEL 2220 AND LOT 30, PARCEL 2225, BLOCK I RTVFRVTFW HEIGHTS ADDITION: MOTION by Counci•lman Breider to adopt Resolution No. 107-1975. Seconded by Councilman Starwalt. Upon a v.oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 1, PARCfL 2380, LOT 2, PARCEL 2385, LOT 3, PARCEL 2390 AND LOT 4, PARCEL 2395, BLOCK J, RIVERVIEW HEIGIiTS ADDITION: MOTION by Councilman'Breider to adopt Resolution No. 108-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,• CONSIDERATION OF A RESOLUTION A{JTHORIZING AND DIRECTING_THE COMBINING'OF MOTION by Councilman Breider to adopt Resolution No. 109-197,5. Seconded �. by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. . ' CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF • cnrrrni nccrccr��n�TC nn � nT aF� PARCFI 9fi(15 ANn l_(1T 47_ RARCEL�� 2610�. BLOCK J�. MOTION by Councilman Breider to adopt Resolut�on No. 110-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee dec�ared the motion carried unanimously. � 0 � � �. ' � � � ' � � ' ' � �� , �J ' ' � . i � _ _ .. . _ - -- - -. _.__ __ -- __ _ . _ _ __ _ ___ _ _ _ . , � � � � i PUBLIC HEARING MEETTNG OF JULY 14, 1975 Page 15 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF coFrrn� ACCFCCMFNTC nN i nTS R R 4_ PaRr.E�I_ 2675 AND LOT 10. PARCEL 2680, MOTION by Councilman Breider to adopt Resolution No. 111-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SpECIAL ASSESSMENTS ON LOT 14, PARCEL 2700, LOT 15, PARCEL 2705, LOT 16, .....,.�. ..-..,. ..�.. � ..� ,� .,�.,..'-� ..-,,.- �,i nnv v nrvrn��rri.� uCTl�uTC 11f1flTTT(lAl MOTION By Counci7man Breider to adopt Resoltuion No. 112-1975. Seconded by Councilman.Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousb. CONSIDERATION Of A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING 0 SPECIAL AS_:':SSMENTS ON LOT 10, PARCEL 2900, LOT 11, PARCEL 2905, AND LO MOTION BY Councilman Breider to adopt Resolution No. 113-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIQN OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF MOTION by Councilman Breider to adopt Resolution No. 114-1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND_DIRECTING THE C�OMBINING OF PECIAL ASSESSMENTS ON LOTS 23, PAR�EL 2965,AND LOT 24 PARCEL 2970 COT 25 PARCEL� 2975, A��D LOT 26, PARCEL 2980 BLOCK L, RIVERVIEW HEIGHTS AD MOTION by Councilman Breider to adopt Resolution No. 115-1975. Seconded by Councilman Starwalt. Upon a voi.ce vote, all voting aye, Mayor Nee declared the motion carried•unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZIlUG AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS Ofd LOT 30, PARCEL 3000 AND LOT 31, PARCEL 3005, BLOCK RIVERVIEW HEIGHTS ADDITION: . • MOTION by Councilman B'reider to adopt Resolution No. 116-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . CONSIDERATION OF A RESOLUTION AUT•HORIZING AND DIRECTING THE COMBINING OF MOTION by Councilman Breider to adopt Resolution No. 117-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.. • • CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 6, PF�RCEL 3360, AND LOT 7, PARCEL 3365, BLOCK 0, MOTION by Councilman Breider to adopt Resolution No. 118-1975. Seconded by Councilman Starwalt.. Upon a voice vote, all voting�aye, Mayor Nee declared the motian carried unanimously. � • L` � � � ____ _ _ _ i . PUBLIC HEARxNG MEETING OF JULY 14, 1975 • Page 16 ONSIDERATION OF A RESOLUTION AUTHORIZING_AND DIRECTING THE COMBINING OF rnN• MOTION BY COUNCILMAN BREIDER TO ADOPT RESOLUTION N0. 119-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSE: AUCTIONEERS LICENSE: � Franklin,J. Veno 7700 Long.Lake Rd. for Machine Tools Larry Muggli 5973•Third St. NE fee $10.00 MOTION by Councilwoman Kukowski to approve the auction license for • Franklin G. Veno as requested for Machine Tools, Larry Muggli.. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor� Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT FOR APPROVAL OF RICE CREEK ESTATES AND RICE CREEK ESTATES 2ND ADDITION: • The Public Works Director recalled the Council's attentian to the meeting of several week's ago when the developer of these additions had come to the City Council questioning the escrow policy of the City. He said the developer and the staff had worked out an agreement where he does agree to pay for the storm sewer construction with the under- standing that he will be given credit for.the projects that will be constructed and that are being constructed. The Public Works Director read and explained the points in the agreement. Councilman Breider questioned if the $3,500 would be enough for the future projects in this area. The Public Works Director said he could not say � at this time. He said this amount would .result in the cost of more than $8.00 per l00 square feet. He said he could not say for sure that this will cover the costs. . " The City Manager said he could an•swer yes with the only exception being ' time. He said if construction costs do not increase too excessively, there wi11 be no problem. He said the agreement is quite complete, and this is a better way of handling this type of agreement. He said the assessment or escrow rate would be the highest in the City. He said the administration is reasonably sure that this will be adequate. Councilman Fitzpatrick said if the assessments are greater, the Council� can always assess. � • : Councilman Breider asked what would be done in the future storm sewer. � The City Manager said there will be the outlet to Moore Lake. He said now the policy is that all new development will be assessed at this level and the existing property would be leveled at a rate according to the benefits received. Councilman Breider asked the City Attorney if there would be anyproblem � ' \ in this proposal. The City Attorney said not as he understood it. All new developments were to escrow $8.00 for 100 square feet, and any work would be credited to this $8.00. He said any assessments would also be ' credited against it. The City Attorney said he agreed in principle with� what is on page 23. � MOTION by Councilman Starwalt to authorize the execution of the agree- . ment for the approVal of Rice Creefc Estates and Rice Creek Estates � 2nd Addition. Seconded by Counc�lwoman Kukowksi. Mr. Nick Garaffa asked if the home purchaser�tiil have,to pay the developer back in tF►e future. �--� ' Upon a voice yote, dll voting aye, Mayor Nee declared the motlon carried � una�imously. . � � � � ' �' , T � PUBLIC HEARING MEETING OF JULY 14, 1975 Page 17 RESOLUTION N0. 120�1975 - IN OPPOSITIQN TO RULES AND REGULATIONS OF MUNICIPAL SHORELAND MANAGEMENT ACT: ' • The Public Works Director explained the proposed resolution to be i opposition to the Shoreline Management Act. He said there will be public hearing on the matter on July 16, 1975, and �he material had been reviewed by the Planning Commission and Environmental Quality Commission. He said the Planning Commission had some concernd abou the proposal. �Councilman Breider asked if thls was being adopted by the Departmen of Natural Resources,and the Public Works Director said y.es. Councilman Fitzpatr.ick said this would shift the burden of proof to City. The Public Works Director said they neglected the developed City When formulating the plan. The Public Works Director said it should be left up to the•City to designate a publ�c body of water. ' The Public Works Director read and exp;ained the proposed resolution - which indicated that the developed lots in the City would be undersized and nonconforming lots according to the propos,ed ordinance and will � cause definite hardships on the utilizations of these lots. Also, the se"tback requirements as laid out in the proposed ordinance would make all of the.structures in the Shoreland Management area nonconforming s.tructures and, therefore, unrepairable if over 50% damaged because of inability to meet the proposed criteria. He also explained that the provisions are discriminatory against low and moderate income persons unable to afford the property due to increased lot sizes. He also mentioned that the ordinance shows lack.of coordination of other State Agencies by establish- . ing a number of rules and regulations requiring municipalities to adopt a set of conflicting zoning requirements. Mr. Sobiech explained that the ordinance is unrealis'tic to set up a variance procedure for some- thing that would require a variance in al.l cases. The Public Works Director explained the City in th� Resolution would make suggestions for the elimination of these concerns. MOTION by Councilman Breide'r to adopt Resolution No. 120-1975 in opposition to the rules and regulations of the Municipal Shoreland Management Act. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Richard Harris addressed the Council and said the Planning Commission has asked that the Resolution be carried to the public hearing meeting on July 16, and he said he planned to attend.' He mentioned he would be at . City Hall at 12:00 noon that day and would like a Council representative to accompany him. Counci1man Fitzpatrick said he wou�d be able to attend the meeting. MO7ION by Councilwoman Kukowski to make Councilman Fitzpatrick the � official representative of the Fridley City Council at the Public Hearing concerning the Shoreland Management Act. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani•mously. ADJOURNMENT: ' MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman E3reider. Upon a voice vote, all voting aye, Mayor Nee 'declared the motion carried unanimously, and the Public Hearing Meeting � of the Fridley City Council of July 14, 1975 adjourned at 11:32 P.M. � � /, � �� = - - -- Pat Ranstrom � Secretary to the City Council ate Adopted William J. Nee Mayor � .. - � ORDINANCE N0. . , 1W ORVINANCE UNDER S�CTION 12.07 OT' THE CITY Cf�ARTLR TO - VACAT� STREETS AND ALLEYS AND TO �9END APPENDIX C OF TIiE II ' � ' CITY CODE � � . ,' The Council of the City of Fridley does ordain as follows: i, .' . SECTION l. For the vacation of an alley described as follows: � All of the alley in Block .4, Spring Brook Park �, Addition, that lies between the easterly right of way line of Ashton Avenue and the Burlington � Northern Railroad�tracks, �' All.lying in the south half of Section 3, T-30, ' R-24, City of Fridley, County of Anoka, Minnesota, '' ;;e and is hereby vacated, except that the City of ' � Fridley retains an easement for drainage and utility. pur.poses over the al].ey herein described and � ' vacated. - SECTION 2. The said vacation has been made in conformance ' with Minnesota Statutes and pursuant to Section 12.07 af the City Chartex and Appendix C of the City Code shall be so amended. ' . . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY ' ' THIS DAY OF . , 1975. ' t MAYOR -.WILLIAM J. NEE ATTE5T: ' CITY CLERK - MARVIN G. BRUNSELL ' Public Hearing: August 11, 1975 First Reading: , Second Reading: Publish....... ' , � � ' � I� ' ' _ ' . ' • . . 1 � � , �� . 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'�, `: f I� ) ��. . `.. „1 • ` I'� �/✓''� //'�� (/�� /% /l''�p . 6 ' �t� � !+ ,�•`��•�` `.. �, `1�� YJO ' ..� / �!'. f��Vi�Y {„J . u'�F iPnr�vY'ioiJ ��+ . i � O . t�'�.. � '' '' +� S�s. , . � , 5 i " � ; E p � ''' � � /' �. r �� ,� •rv�� ; �,��_;�t` /M1�. � '•� ' r ` r i;.1 � `� , �.�� ''^ . r .�-) • � � ' , K� � �. �.L t ? �.. , � , `i� % ` . � �: , � Z , *. � � � �• � � � i`, � . w�% �s .� � •.' '� � � � \�1� . 1\ \� `� /. � � I/7 `� r�-� � _— —_ 0 u ORDINANCC N0. AN ORDINANCE UNDER SECTION 12.07 OP THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO.Ah9END APPENDIX C OF THE CITY CODE � The Council of the C}ty of Pridley does ordain as follows: SECTION 1. For the vacation of an alley described as follows: All of the east-west alley in Block 15, Fridley Park Addition, A11 l.ying in the south half of Section 15, T-30, � R-24, City of Fridley, County of Anoka, A�innesota, � Be and is hereby vacated, except that the City of � Fridley retains easements for drainage and utility purposes over the alley herein described and vacated. � SECTION 2. 'The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section • 12.07 of the City Charter and Appendix C of the City Code shal_1 be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OP , 1975. ATTEST: CITY CLERK - I��IRVIN C. BRUN5ELL Public Ilearing: August 11, 1975 First Reading: - , Second Reading: MAYOR - WILLIAbi J. NEE , Publish .: .... . � . 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E� .�. �Q� ��,� I I.II�,I ' � ,. u .� ,: . ., e e... i ,, � . ; . ..t N� !n$ !7� � Ib'o ' /�'� 4� �� .��/9'�. �� , . ,�s �; � °_ . . t . � � 1 „ � ' � �� 4 '`i .1 .�, Z ti i � O� � .r.. � �' ' �� A A•\ `� �� , `2 � ' � 4 ' � , � ''fi�� °,"6t 1/2' '.%,;`'�;�1►�� "�,,�\\,� � �„ .ti ,, ; � •!• I 7JI _� /�O � �t�.• .9i • iR♦ / 1 w �• . , . . . . �Nti �9�\ -�, � . �T: . i . � �� ♦ �� /r♦ Il.e � l JI�� 8�.• Ixi /Jl.i�� I �V,": � 0� �� i 1� �`� a?' . I'� � 1 � t, � M � � � . • s.lJ . a , I `q �; �, x � {. � . ` � �^ . . � � ±,• , ' .e y� /1 �. /I w /_t �,� ,Y �,� ,��r�'. +/d j9 � % � .,S i t., \i Aj . !r � :.H .� �_ . , CI:TY OF FRIDLEY P9 E P9 0 R A N D U M 0 T0: NASINI M� QURESHI, CI.TY P�ANAGER, AND CITY COUNCIL FROr9; MAR�TIN C, BRU�fSELL, ASST; CITY MGR,/FI�. DIR. SUBJECT: ISLANDS 0� PEACE FINANCING . DATE: AUGUST 14, 1975 � I talked to t9r, Langenfeld regarding the Islands of Peace Committee's financing plan, Mr. Langenfeld will try to have .a report to the Council for their Rugust 18, 1975 meeting. The I'slands of Peace Committee will�also be meeting on the 18th of August. They will try to send a representative to the Council meeting in. addition to making a written report. Mr. Langenfeld was of the opinion that with the $1,320 the . City has on hand in the Is�lands•of Peace Fund, the Islands �of Peace Committee ►NOUId 6e able to corr� up with the diffe rence . bet�Neen the $1,320 and the $3,360 interest due August 20, 1975. I have the feeling they did not actually have all of this money on hand at the present time. They have part of it. Mr. Langenfeld stated they may employee a professional fund raiser to try to raise the necessary funds for future years. MCB;sh � � � �� _. � ' ' � � l__J , �L J MEMO T0: FROM: DATE: RE: w OFFICE OF THE CITY P9ANAG�R FRIDLEY, MINNESOTA THE HONORABLE MAYOR AND CITY COUNCIL CTTY MANAGER . AUGUST 13, 1975 AFFIRMATIVE ACTION PROGRAM � ' This Affirmative Action Program was developed by the City staff to comply with �>1innesota Statute 363.03. Its purpose is to provide . effective personnel practices throuqh the insurance that a11 segments ' of society have an opportunity to enter pub.lic $erv�ce on the basis • of open competition and advance according to individual relative ability. � _The Affirmative Action Program will be administered under my direction. I have appointed the City's Purchasing Ac�nt,P1r. Gordon Middag, the Affirmative Action Officer for the City of Fr.idley. He ' .. will be working in close coordination with the Administrative Assistant, both of whom will be performing duties within the scope of Affirmative Action activities. i�r. Middag, the Affirmative Action Officer, may be , contacted at the Fridley Civic Center, 6431 University Avenue N. E., Fridley, Minnesota, Phone 571-345Q, extension 53. I submit the Rffirmative Action for your adoption. After action ' by the City Council, the document will go to.the Minnesota State � Department of Human Rights for their review and approval. ' , � ' , ' Thank you. MNQ/J KL/ pr Attachment � � • � 1 • . ' ' : , , � , C� ' , C� RESOLUTION N0. A RESOLUTION AD4PTING AN AFFIRMATIVE ACTION PROGRAM WHEREAS, the City Council of the City of Fridley endorses the principle that equal employment opportunity is a right of every cit�zen; and � �WHEREAS, the City Council iniends to reinforce merit employment concepts by.assuring that all segments of society have an opportunity to enter public service on the basis of open competitibn and advance according.to indiVidual relative ability; and WHEREAS, the City Council declares the policy of Affirmative Action: 4A It is a policy and intent of the City of Fridley to assure every individua1� making application for, presently working for., or applying for future vacancies in th� employ of the City of Fridl�y will be considered on the basis of indivi- dual ability and merit without discrimination or favor due to race, color, sex, creed, marital status, religion, national origin, ages between 40 and 65, physical disibility, adherence to any political or union affiliation, or status with regard to public assistance unless prove.n to be a bonified occupational _ qualification. In furtherance of this policy, the City of Fridley establishes an � Affirmative Action Plan providing for fair and equitable treatment in all �hases of public employment including selection, compensation, benefits, training opportunities, leave requests, promotions, transfers, lay-offs, and other terms, conditions, and privileges of employment. � � It is the responsibiTity of every employee to cooperate in the implementation of this policy. A willful or deliberate violation by any employee of the City of Fridley of this Affirmative Action Policy or a violation of any procedure devised to promote and enforce this policy will be cause for disciplinary action up to and including dismissal. � � IVOW, THEREFORE, BE IT RESOLVED, that the City Counci1 adopts the policy of Affirmative Action as contained in the Affirma�ive Action Program, City of . Fridley, dated August , 1975. � ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS ' 1 ' ATTEST: � ' 1975. CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIAM J. NEE - DAY OF � , � ' . I. �� ' ' CITY OF FRIDLEY AFFTRMATIVE ACTION PROGRAM DEFINITION OF AFFIRMATIVE ACTION �. Affirmative action is a detailed analysis, by job classification, of the present utilization of personnel and an articu1ation of deficiencies in regard to the employment of protected classes. An affirmative action program is a very specific, aggressive and pragmatic plan to change and/or remedy any manage- ment practices which have had the effect of producing inequities in the employ- ment process. Affirmative actian is specifically directed at the effects of management practices rather than at the motives or intent behind these practices. Inequi- ties in the employment process, or discrimination, have been interpreted by the Supreme Court, as being "...the consequences of employment practices no� the motivation. Therefore, the relevant consideration is whether the effect of a particular practice is to exclude a disproportiona�e number of persons i'n a statutorily protected class. If so, the practice is proscribed, absent a showing of business necessity." ' � Affirmative action signifies a positive, continuing result oriented program developed by_an employer to assure meaningful emp1oyment opportunities to all segments of the community from, which its personnel is drawn. It requires the �aggressive identification and elimination of those barriers which have had , the effect, however unintentional, of denying equal employment opportunities to protected class members. In addition, specific goals and timetables for, � the employment of inembers of protected classes must be formulated and these goals and timetables must be realistic and achievable. r ' � �J �J ij �! � ' A goal (unlike a quota) is a numerical objective, �fixed realistically in terms of the number of vacancies expected, and� the number of qualified appli- c�nts available in the relevant job market. Thus, if through no fault of the employer, there are fewer vacancies than expected, there is no need for sanction. The employer is not expected to displace existing employees or to hire unneeded employees to meet the goal. Similarly, if the employer has demonstrated every �good faith effort to include persons from the group which was the object of dis- crimination into the group being considered for.selection, but has been unable to do so in sufficient numbers to meet the goal, the employer is not subject to sanction. Under a system of goals, therefore, an employer is never required to hire a person who does not have qualifications needed to perform the job successfully; and an employer is never required to hire such an unqualified person in prefer- ence to another applicant who is qualified; nor is an employer required to hire a�less qualified person in preference to a better qualified person, provided that the qualifications used to make such relative judgments realistically . measure the person's ability to do the job in question, or other jobs to which --1- ' , ' � ' R the�individual is likely to progress. Unlike quotas, which may call for a preference for the less qualified over the better qualified to meet the numerical . requirements, a goal recognizes that persons are to be judged on individual ability and merit hiring. Affirmative Action goals are set on the basis of expected vacancies and anticipated availability of skills in the market place. These gaals should be met if there is a protected class applicant who is best qualified for an available position. If the employer does not meet the goal, that failure should be justified. Affirma�ive action results in a more effective and efficient utilization of the available workforce and present employees. -Therefore, a sound, detailed affirma- tive action program is good management that benefits the employer, the employees and the community. ' The Equal Employment Opportunity Commission defines the following groups as protected classes: Negro, Oriental, Native American, Spanish sur-name Americans, Women--all races, and persons subject to special obstacles in employment such � as the physically disabled, persons dependent on welfare and the employable mentally retarded. � ' II. AFFIRMATIVE ACTION POLICY STATEMENT It is a policy and intent of the City of Fridley to assiire every individual ' making application for, presently working for, or applying for future vacancies in the employ of the City of Fridley will be considered on the basis of individual ability and merit without discrimination or favor due to race, color, sex, creed, ' marital status, religion, national origin, ages between 40 and 65, physical disability, adherence to any political or•union affiliation, or status with regard to public assistance unless proven to be a bonified occupational qualification. ' In furtherance of this policy, the,City of Fridley establishes an Affirmative Action Plan providing for fair and equitable treatment in all ptiases of public employ- ment including selection, compensation, benefits, training opportunities, leave requests, promotions, transfers, lay-offs, and other terms, conditions, and � privileges of employment. " � � ' ' �_ 1 I ' It is the responsibility of every employee to cooperate in the implementation.of this policy. A willful or-deliberate violation by any employee of the City of Fridley of this Affirmative Action Policy or violation of any procedure devised to promote and. enforce this policy will be cause for disciplinary action up to and including dismissal. TTT ��r.�....�_ _.. -2- 0 4C �, a,,,_, I -4760 - Ext. 236 0 ANOKA COUNTY COUNCYL OF ECONOMIC OPP�RTUi�'ITY, INC. Mr. N�sim Qu�;reshi City of Fridley 61�31 University Ave. Fridley, MN 55�32 Dear Mr. Quereshi: A COH:ilUNITY ACT10N PROGli.r�M Coutthouse, Anoka, Minn. 55303 � July 1, 1975 .. . ; .: f , . .. 5 . . ;. - . � . � .. Our agency has received a total of �340$ from the Go�rernorPs Office of Economic Opportunity for the purpose of ir_�tituting an energy program which�would, in some way, cut down on.the cost of energy. In order . to receive this money, we have had to pravide some type af local match. The coiznty has been kind enaugh to allocate $3 , 000 wor.th of employee time. Our plan is to buy insulat:i.or.� svpplies with federal money and to use county empolyees to inst�.l� these supplies initially- in the homes of coun-�y senior citizens. � The only requests we would make of those fama.lies would bet� 1) That they have the potential of making �r_luntary_�cont.ributions ior �he supplies 2) That tlzey provide us`�•iith=info:r�u��tion.._concern:in their - curr�ent hPat?ng hill and their heatin� bills a year from now �So tha� we have some idea of what, if an�; riion:e�r—has been savedo I am sure you realize that $31�0$ will not go very far towards the creation of an energy program. I have estimated that the average cost to insulate a house will be approximately �170. This mean.s that we should be able to insulate 20 area houses. ti�Ihat X am suggestyng to various communities throughout the county is that they prov:ide us a small amount of cash, to aug*�ment the initial grant. In the case of Fridley this figure would amount to $$50 (to insulate 5 house�). This, money would be used to�.tally for Fridley residents. : ,, : 2 t,rould be grateful if youu would consid,er funding i;his proposal �as it is my feeling that many disadvantaged are undergoing severe economic strain in order�to pay their heating bills. Z would gladly try to an�s��ver any c�uestions the council members may have. I appreciate your ta�ne and consiaeration. , � Sineerely �'-�r-..�.�-�,� A - ' � r Raymond A. Creegan Executive Director . � � . Eliminating Poverty Benefits Everyone � 1lt, O R D A L E A S S O C 1 A T E S • A R� C H i T E C T S i � 6. 1 . CITY OF FRIDLEY AUGUST 13, 1975 ' ' 6435 UNIVERStTY AVENUE N. E, FRIDLEY�MINNESOTA 55432 , ' ' ATTENTION: MR. RICHARD N. SOBIECH� P. E. , PUBLIC WORKS DIRECTOR , RE; MERiDiAN [�EVELOPNSENT -%9iH WAY N.E. AND EAST RIVER ROAD. ' DEAR MR. SOBIECH: ' THIS LET7ER W1LL CONFIRM ON BEHALF OF MERIDIAN CORPORATION THE INTENTION TO PROCEED �• WITti THE DEVELOPMENT AS SUBMiTTED TO THE CiTY OF FRIDLEY AND ACCEPTING. AILL T1iE S71P- ULATIONS REQUIRED AS OUTL_INED IN THE ENCLOSED SUMMARY V1fHICH WAS RECEIVED FROM.MR. SOBIECH WITH AN AUGUST S, i975 LETTER. ' WE TRUST THE FINAL C[TY GOUNCIL APPROVAL CAN BE EXPEDITED UPON RECEIPT OF THIS LE7TER. WE ARE LOOKIhiG FORIAJARD TO PRQCEEDING W17H THE CONS7RUCTION AS SOON AS THE FINAL � CONS7RUCT[ON DRAWINGS HAVE BEEN COMPLETED AND APPROVEq BY THE CITY. • AGA1N� WE EXPRESS THANKS TO THE CtTY OF FRIDLEY FOR ITS TIME AND THE CONSID6RATION • ' EXTENDED TO US. ' ' . SII�fCERELY�...�'=.._ _...��,�,,+ ' N �'�' • � � �`_� = ;=,�� ,/ �/ � � - ' ��; �,- ,� �� '��3�� -�= � F� �°`�'�. c�' �' .� .�\,., v' de�._,,,.: ' DAVlP E. NORDALE;PRESSDENT . NORDALE ASSOCIAT�S ARCHITECTS a ' DEN/oNS � � ' ENCLOSURE 1 . • � , 1 � � 1 �� I 3�50 WEST 66TH STREET MINIV EAPOLIS, MINNE50TA 66436 [612) 925•3646 � , � 1. , ' 2. ' 3. ' ' � ' ' � � CITY COtINCIL RECOMMENDED APPROVAL OF THE DEVELOPMENT AS PROPOSED BY MERIDIAN CORPORATION AT THE INTERSECTION OF 79TH WAY AND EAST RIVER ROAD WITH THE FOLLOWING STIPULATIONS: Extensive landscaping on the site; plan filed with Planning Department. Berming to be of sufficient height to protect the residents from automobile lighting. (as indicated on the plans) Additional plants (as marked on the plans). 4. Entire building would be brick. S. Buffer plantings incorporated with berm. � 7. � Lighting focused down so as not to shine into the residential property owner's windows. � � All blacktop adj�:ining green area to be separated by poured c�ncrete curbing. No egress from the development onto East River Road; ingress only. 9. Refuse area should have solid screen, no gate opening onto the service drive, the portion not being used for refuse storage and handling to be used for plantings. 10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot � be xeached between Meridian and Fudali, the sidewalk connection should be constructed anyway, but only on Meridian's property. This will offer property protection from nearby residents. � � ' � � ' � � � 11. 'Parking moved down to 20 feet to pick.up additional room to enable cars to face in instead of against each other. 12. Applicant will petition the City for rezoning from C-2S to C-1 and there wi11 be no contest on zoning change in�future. 13. Easements to be dedicated to City of Fridley as noted on attached map. 14. Applicant will construct a•deceleration lane from the driveway abutting East River Road to the south. The decelaration lane is to be a.12 f�ot wide bituminous section with a 2 foot gravel shoulder and is to extend ' southward from.the driveway entrance_100 feet southward fromt�e south radius and tl�en taper at 15:1 to tie back into the existing roadway. The typical section shall consist of 8" Class V base, 1%" asphalt binder course (b�IliD 2341) and lZ" asphalt wearing course (MHD 2341). All con- � struction shall be in accordance with the rtinnesota Department of Highways Standard Specifications for Highway Construction dated January 1, 1972; and as amended by Supplemental Specification for Highway Construction dated January 1, 1974. RNS/jm 8-5-75 0 0 �— � ' , ' � � 1 � 0 � \:,� �, � \�s. � ;� � � _ �� h 8, a .. _.;� �}----: -- • . �� _ �_�_ ,-_ _-�� ---- } - -- � � A \ \ � '��.._ ` \� \ � . � ;� ' \ `� � ,:. � . • 6B . . � � t ,� t i ' t) t , �` S • �• \ . t : � �. . . �. - . ... . � . - � �- �._ ---� �,�,...�� ...�..� . " �T �� . ..__.._ _ � p- �' T-7-� � '\ �L��='?�a'i��'ti_,��.�c�;v�"s.'`-��;.-"�.. • `�� t ,3++ ry M �i . Y _ > _ - �� : -r�=-== �' \ � f� �1 . . + ' ' 8': ,�? . � - - �,' - . . ' , ` \ � � ' . .' � ' . . ��° � ' \� ._.___��` . • �\� . ' . • . \ � � . �. � � . ,\ � ' � \ � - . ' , � �� • \ \�� '• � �� . `� -�._ � � • , . '° . I. ;�, �� ., . � . �,. .�.� � - - -. . \ � �� . .. � � _ �,, ,� �;,� ., � ' ��, . . . - : ' ` ��` � , � �� \�- � � " ` � . \ . �:. � � . • `ti: -. �� ' . � ,.� � � ` � � ��'"' - vT� . � ` . \ -�- � . ' � . ' ,\i�"vy ,�,� � - , , . �. , `� = '•3 : -`v�,''� � \ "` , �Ctv . �. � � � . . � � �. . �� `�`-: `� • - � ` 1`•-;•'Y • . . .,`` � . . . • `R. � �,� � ,'\ � � �1 " \ � . , �� ,�J� �. '4 .\v . • \ ` . � . . ` �, �. • '�[\ 1 --z-i . � ., ti : �; . ..,�, / ' . ' . • , ' . .�. � s �� , ..._, ' . �y � � � � ;, _,,; . . . 'i' ' . �`t. , -} .._.. • . . � � �`= �', . • -- . . _ c� � � � � • . � 1 � -i ,�: r--. . • ,_.� �, � � . � . -. � , . . . _. �:; . . , � , � . ;� �; '� , ' ,, ,� ! �, • PLAPdNING C�t�ii�iISSION MEfTING CALL. TO ORDER:. CITY OF FRIDLEY AUGUST 6, 1975 Cha i rmai� I�arri s cal 1 ed the meeti ng to order at 7: 50 P. t�1�. ROLL CALt: Members f�r,esent: Membcrs Tardy: Others Preserit: � 7 PAGE 1 Richard Harris, 4di'lliam Drigans, James Langenfe1d, Hubert Lindblad, Vi'ce.Chairman sitting in for f3ergm�an, David Harris, Vice Chairmar� sitting in for Peterson. l�lil l ian� Scott [)ai�rel Clark, Cornmunity Development Administrat`or Steven Olson, Environmental Officer . APP�OVE PL/1N�;If'vG COMMISSIOPd MINUTES: JULY 23, I:�75 MOTION by Drigans, seconded by Langenfeld, that tl�e Planning Commission �� minutes of July 23, 1975 be approved as written. Upon�a voice vote, a11.,voting . aye, .the motion carried unanimously: , _ RECEIVE HUr��Ai�� RCSOURCES C01�'�MISSION MINUTES: JULY 24, 1975 ' ' ' . MOTIOTd by Dav.id Harris, seconded b� Lirldblad, �hat the PZanning Conunission �.receive th� Ilwnar. Fesor�rces Commission minutes of the Ju1y 24, �975 meeting. Upon , a voice �rote, a11 voLing aye, the mOtion carried unanimausly. , � � ' � ' ' RECEII�E PAP.KS & RECREATIOI� COh1MISSION MINUTES: JULY 28, 1975 Mr. David flarris said that a motion he made on Page 3 of these minutes Wd5 not correct and he wanted to make notation of this on this item. M07'IOP7 b� Harris, seconded by I,angenfeld,.that the Planning Commission receive the minutes of the Parics and Recreation Commission meeting of JuZy 28, 1975, noting that the motion made by Harris on Page 3 of the minutes :aill be coxrected at their next meeting. ", , • Mr. Drigans said that on pag� 3, Mr. Harris suggested�that the girls. softball program formulate an orc�anization andc'�^velop some by-laws. 'He asked if they weren`t presently part of a spori: assccia�ion? f�1r. David Harris said they weren't. We indicated that this n�igtit be a vehicle to pursue, and if not, then we were going to develop some by-�laws as far as the Parks and Recreaoals anidmguidelines forCeachdand that t�e wouldn t have any problei7�s. If we set up g every sport, i:here won't be any problems in the middle of the season. Mr. Langenfeld as�:ed if the Parks & Recreation Commission still met once a month under�tf�e reorganization? Mr. Harris said they did. Mr. Langenfeld said that the date of the nex1: meet�ing on page 4 of the minutes was given as September 25, 1975. Mr. Hari°is said that should be 1lugust 25, 1975: . UPON a� voice� �+ote, a1.1 voting aye, 't;�he motion carried un«r�imously. ' Mr. Scott arrived at the meetir�g and apologized fo.r being late. tle said tie had been at a ChainUer of Commerce n�eet;ing ge1:l:ing input on the billboards which a -- � �. • , � . �.. .Paqe 2 � � � ' Planning Commissian t�lc:et�in - Ilu��is� 6, 1975. � � would bc coming up.later in the meeting. •RECCIVE �PPF/-1LS CONP4ISSI0�� MINUTCS: JULY 29, 1975 I MOTION by Drigans, seconded by Scot�, that the Planniny Commission receive the Appeal.s Coirinusszon minui_es of the July 29, 1975 rneeting. Upon a voic� vote, all vot.ing a�.e, the motion carricd unanimously. � ' RECEIVE CO��'h1UNITY DEVELOPi�1�NT COf�iMISSION MINUTES: JULY 30, 1975 MOTIDiJ by Lindblad, secondcd by Scott, that the Planning Com.mission receive tl�e Coirvnunity P,evelopment Con�missiorl minutes of the Ju1y 30, 1975 meeting. , ��1r. Langenfeld said that in revie4ti�ing some of the Commission's minutes, althauyf� he couldn't p�inpoint it, he thought that some Subcomrnittees of the � Commission� `��ere formed �-�ithout a Chairperson fro�ii tha� Subcommittee. He tl�aught � it 4�ras ii� the Hun�-�i� Resource Commission minutes. Mr. Scoi,t said that vaas because �:hese �ti�e��e Subcommittecs of Stibcornmittees. He said they haci Comr�iss_ion mem;•�rs on the Project Cominittee; but not on the Subcommittees. He said that on Page 6 of their mii�utes it wa.s resolved that he would b,e the Chair�person of tlie Communications i Project Ccmmit�;ee and all the Subcommittees pf this Committee. � � UPON A VOICE VOTi;, a1_L voting aye, the motion carried unani_mousZy. 1. QUILDIP;G RERMII"S A. Remodel Phillips "E6" Service Sta�ion, 6500 University Avenue N.E., by Construc�:ion 70,� Ir�c., for Phillips Petroleum Company. ' • P1r. Clark said the petitioner had withdrawn his reques� so there 4vas no.action nee�ed. He said the staff vaas sorry this had been withdrawn because i:he proposal would have.been a great improvement. 6. Construct an £3 Unii; Apartment Building-, 8201 East River Road N.E., ` by Don Sexter. ADMINISTRATIVE STAFF REPORT General Description: This permit.is for an 8 unit apartment complex a�; 8201 East River R�ad N.E. (Northeast cqr��er of East River Road and Irontan). The building is a frame construction brick �vith wood trim and a cedar shake mansard roof. The property is presently zoned R-3 (mu1tiple family) and the . struct�n�e coni`orms 1;o present code requirements. Engineering:� � There is a potential for a drainage problem in this�area due to a low spot North of thi�s property�. The maxiinum 1171QUilt af s�torm• arater wi11 have to be directcd toward I'ron�;on. All roof and parkin� lot water will, be directed to the street for praper disposal. .If tl�is is accomplished, the new development will tend to decrease water flotiv into the low area. /1n,y granding ��lans will have to Ue reviewed Uy the Engineering Department Uefore the permit car� hc �issued. 0 . . • . . � .7„�,,, .• �� ' �,aqe 3 , � 7 B Plannin Commi�sion Mc�etinc�- llugusi; G, 1975 _ , � � � � � � � �• ' � � � � Environmental: The only environment:al prablem that Y�e sce at this �:�ime is �;he apartmeni: par�:ing 1ot abui:ting an f;-1 property. A six foat ti��od screening fence .shall be provided along the East propert,y line �;o ac�: as a buffe�� to i:he existing R-1 property and the apa►�tmenL parking lot. 7he �?a.rl:inn loi; wou�lu necd to bc sh�i�t:ed 2 feet to the YJest in orc�er•to provide needed ar,ea �for landscaping in conjunction 'wi th the fence. There tnay k�e a need , for adci�i �;i onal 1�r�dscapi 'r�q to 1;I�e Nortl� �s or vi s�,al protection of apartn��ent residc�nts aiid tl�r-. er.�isting commercia1 clevelopment. Quildina� Pern�it� Stipulations: l. Provide screening fence a�long Fast property 1ine. 2. ��iove parking facilities 2 feet to the Wes�;: 3. Provi de 1 andsca.{� i ny (as per ap��roved p1 a.n ).. � 4._ Bui1ding �nd parking lot drainage to be directed to Ir°onto��( Grading plan , be approved by Eng-i►�eering Depar�tmeri�;): • . Mr. .C1 ark sa� d that Jerrold Qoardr�an r�et wi th Mr. �Sexter earl i er i n�the week, and he was presenting to the Planning Com;nission, the plat plan that had been agreed upon at that��eting. Mr. Clark revie�ved the building permi.t stipulations. fie said there m�ight be some slight changes in the grading because ane of these units urill have to meet �.he handicap requi�r.ements, and will have to have a ramp. He said that staff recommended that the Planning Commission and Councii�approve the plan as revised. Mr. Drigans ask�d if t.here.vaas more detail an.what the complex would look like. Mr. Sexter said he thought this 4v.ould be a.nice addition to Fridley and that he had given Mr. Clark a copy af the exterior-development of �:his property. Mr. Clark produced the copy and this was shown to the Planning Commission. Mr. Sexter said he did not have the elevations as yet, because in order to meet the handicap requirements, he tivould either make a walk out unit at ground level or have a ramp. He said this was a provision that would have to be met before the building permit would be issued. Mr. Sexter continued that he woul'd place a redwood fence on the East side which would act as a bu�f�er to the adjacent R-1 property. Mr. David Harris asked Mr. Sexter if this was a center hall type building. Mr. Sextei° sa�d i t was wi th a front and rear entry. There woul d be -L-wo fl oors �vi t;h four unii;s on eacf.� floor. The loG�er floor on the rear of the building would be one bedroom units. He said there would be an engineering room and a laundry room. Mr. Narris said W1tI1 the type of buil�iing he �vas proposiiig, would he agree to have this a security type huilding. Mr. Sexter said f�e had planned to have this. Mr. Harris said tha� he would then have no o6jection to this be:ing a stipulation. Mr.� Sexter� said he did not. Mr. Scott asked Mr. Sexter if he was a member of the Minnesota Apartment Owners , Association. Mr. Sex�;er said he was not. He said he had owned this lot in Fridley for-five years, and that he had done a lot of building in Fridley. He said that he had put.in Polk Street; and he had built apartments in othe�� communities, He said he t{lought he would be going into semi=retirement and he would keep this building for '. himself. He said he only had about three.sites left to build on, and he was anxious � to complete this building, as he already had a mortage Commitment so he didn't antici- , � C� , ' ' L� , � � � L� � � , ' � � 'Planninc�Commission Meetinc�_-_ /1uc�ust 6, 1975 ' Page 4 � pate any problems. 7C , i�1r. Scott said the reason he had asked the question was because the Minneapolis � Tenants Union had asked the Cii;y for some money as an arbitrator'between tenani;s and landlords, and the ��1innesota Apartment O��Jners Association felt they provided a simi- lar service. �1r. Sexter said he didn't have a lot of rental property, other than so�i�e small units. Mr. Scott asked him if he had any fieelings about this /lssociation. hir. Sexter said he hadn't been too involved in this aspect because up to tM11S time he had just been involved in tF�e cons�;ruction of rental unii:s: � •Mr. Lai�genfeld asked if the s�:orm s,ewer system on Ironton would be able to handle �;he draina�e oF this property. Mr. Clark said it could as there was a catch basin down by the Creek. There wouldn't be that much drainage from this property anyway. -" Mr. Dt�igans ask.ed if th� parking spaces were adequate. Mr. Clark said this � proposal n;et the code requiremeni;s as to size of lot, parking spaces, size of units and all the zoning requirements. Mr. Sexter said th� plans would be drawn up�by a certified re�istered architec�L. . MOTION by Dav?d Ha.rris, seconded by Lindbl�d, that the Planning Commission recommend approval of the bui.�ding perrrit for an 8 unit ap.artment building at 8201 East�River Road, b� Donald Sexter, iaitl� the four stipulations on the staff report, plus a fifth stipulation that this be a security building. Upon a voice�vote, a11- vot.ing ayc,• the motion carried unanimously. C. Plant /�ddition, 500 73rd Avenu� N.E., by.Carter Day ADMINISTRATI,VE STAFF REPORT General Description: Thi s perm�i t i s for an addi ti ot� to an exi sti ng rnanufac�turi ng pl ant 1 ocated at 500 73rd /lvenue �l.E. The addition is precast co►�crete panels to match the existing plant. L�lith the plant addi�;ion, there 4�1i11 be an addition 127 parking stalls ��rhich ,vill tie into �:he exi.sting, parkir�g for the office facil�ities, This will still provide for acldi�;i�onal parking to the northeast if it is deemed necessai°y. This addition is going to be used strictly for manufacuring and �vill not provide for additional storage facili�:ies,inside the structure. Engineering: The drainage on the site is pretty much an internal adequate drainage for the total land developmeni;. Carter wi th some area. of 1;rapped ��rater and tahe steps to try to Environment: storm system 4vhich provides Day should be concerned solve this sii:uation. If the sit� of this operation had a different character to it, it may have drasl:ic enviro'runental effects to the e�istin� res�iclential areas North of the property. No�vever, due to the dense undergro��:h thai: exists all along the� North propei�ty line, the environmental effects tha�: woulcl normally conie from this t,y��e of .operation ti•rill be min�imal. Tt is, ho�vevc�i°, appi�opriate to pti°eserve this buffer area by, no� allowing any developmerrt an,y claser than i;he existing office sei;back from 731°cf Avenue N.E. and kee� any n�at�ei°ial si:orage no closer than the Sou�h edc�e of th.e park�iny facil7fiiE�s. 'the plant site also abuts Locke Par!< on i;he South. Some � . ' � � � ' ' ' ' • . .T.,� - �i ' , � � A P1 anni ng Comrni ss i on Meeti ng - i�ugust 6, 1 J75 _ ' � � , � 7 1J � , Pac�e 5 . attempts l�iave becn taE;cr� by Carter Day to screen the park property fr~om rna�erial � s�oraye ancl �eneral plan�: operation. To this point, th�is atteinpt has been s�;rictly through the prov-ision oi' ��lant�i��q. Th�is planting ti�tas �pproved by the City at that time and t�rill i��onitor i;fic progress of the 1ands�;��i.��c� as a i'easible screen�ing bart°ie►��. t�Je m�y fiave to inake furt{�er recommend�a�ti ons �:o Carter Day, i f after three years froni the date of this perrnir, �t}�e landscuping is no�: developing into the ty�e of screenin� that ti•�ould be desirable �:o ��'►°otec�: �;he visual asethics of LocE:e Park. If' any develop�� ment is buil�C on eitner� ;idc of Carter Day, Inc., provisions must be made to provide adequate material s1:or�1�e areas with essential screening. Quilding Perrn�it St�ipulat�ions: �; Thcre vri11 be no de��elopment VJ1tI1111 the ex;sting setback from 73rd Avenue N.E. and the affice Guilding. � 2. Thei�c 4�ri11 be no storage oF inai:erials North of the South ecige ofi �:he office and proposed p�iant parking. '3. The curbing as requir�d, under the building,perm�it for�the office buildinq, must � be completcci «nder this contract. Also, all new blacktDp areas ti��ill be curbed. vrith 6"x1£�" poured coticrete curbing. ' � �. Th� landscaping along the South property line vai11 be revie�ved ii�� three years from the i ssu,ance o-f the permi t for i;hi s addi -�i on . If at th-i s time, the Ci ty feels that the landscaping arill not provide the appropriate screening, then addi tional �:reatmentti�ri 11 be reQui red. :5. tdhen development occurs on either side of this property, posTiive steps • ' must be takei� to establisli planned storage areas that ai°e to be screened tvith appropriate screening. , , � ' , Mr. Clark said that the office. building was �losest to 73rd Avenue, then they have a Research and Development build�ing, and then.their industrial plant. This addition will be to the industrial plat, adjacent to and.north of the present structure. Along ��vith this addition, they are going to provide a. parking lot east of, and includ- ing the R& D building and rnanufacturing plant. This was an ex�;ension of their present pat°king. He said that in their discussions with Carter Day, they brought up some things that the City had l�een questioning for a cou.ple of years, one,question�.being the storage of material on proper�y .they do not own. Carter Day has said that they have an agreement �aith the Minnesota Tratisfer Railroad to store that material on their property�on a�30 day rental basis. 4Je also pointed out that we weren't too ha��py ��Jith the way the trees looked•that had been planted as a buffer to LoGke Park on the south property line. Upon inspection, it was found that these trees were si:ill �liviny, and one of thest�pulations was that these trees be reviewed for their, � growth in three years. P1r. Clark reviewed the'6uilding permit stipulations. He said the first stipulation meant that they didn't want the natural screening removed to make a stor�ge area. Mr. Clark said that on the third stipulation, there was no. Iproblem with the sc�cond'part of this stipulation, but 'they have asked the.staff to �` waive tfje st�ipulation for curbing along the existing p�arking lot, along the south �: side of the structure. The reason for tfiis was that the person 4vho either built the � �b«ilding or pu� in the blacktop, has them at about the same grade, so if a curb was `' placed in this area, it could cause drainac�e problems back and.into the building. It �� was obvious that this could be a problem. The staff did not feel that they could � waive this requirement, �nd told the petitioner that in order to have it waived they F ' . ' � . � � . . � , � � , r , � 1 � r � � ' ' � ' � Planniny Cammission M�etinc�` lluqust 6, 1975 . �:.�� _. � � would have�to appear bef'ore the Appeals Commission�requcsting a variance, stating •why this v�as a hardship. He said the staff had added a Gth stipulat�on v�hich was to � provide �:he City ��aith the agrcement wi1:h Minnesota Transfer showing us �;he authority t��cy have to use this land for n�onthly si:orage. Mr. Clark sa�id tne plant addition would be an extension of the same architectural a�ork �;hat �-�as on the exis�:ing building. f-ie said he had almost finished the plan check, and they do me�t i:lie sta�;e bu�i 1 di ng code wi th a few mi nor changes . Mr.. � Langenfel d sai c� i;hat i t s�:ated i n the /�dmi ni s trati ve Staff Report that wi �;h the plant addition, there ��ill be an additional 127 parking stalls vrhich ��ill tie into the existing parkinc� for the o�ffice �acilit�ies. Are you sayiny that.the old parking area wouid be us�d by e��p1oyees and the additional 127 parl%ing stalls would be useci for the off�ice facilities? Mr. Clark said��no and at the present time they are using what 4��as their first parl<ing lot as a storage area, �Jhich lies west of the structur�. Ihey are presen�Lly parking any place they can find, which was most in a field-like area. This addii;ional parking ar�a will give them a hard surface parking lot anci will �e in excess of what they ��rill need for the manufacturing plantg so.it can be used by the o��fice too. h1r. �angenfeld asked the square i=ootag� of th-e �r.operty where tl�ey v:ould have the 127 stalls. f�r. C1ark said i� vaas 150 feet by.250.�eet, which ��rould be 36,�00 square fee�, give or.take a little. "�r. Langeni=eld said this ��ras the area which ��as just sand and ��reeds now. He said that there seemed to be some v�Urk going on at this site right noGV. Mr. Clark said they were just doing �some grading. ' h4r. Qrigans asked I�ir. Clark if the� ravr matet°ials and finished products bei�;g stared on this property caused any type of hazard. Mr. Cla�°k asked if he meant if the children climbed on �hem, then they could be a hazard because �;he material was about 15 feet {ii gli . P�r. Dri ga.ns asked i f vJhen the fi rst bui 1 di ng permi t was i ssued if outside storage ti��as allowed.. P�ir. Lindblad said� he remembers handling thi.s at Quilding Standards and becausc of the size and weight of the storage, this was allov�ed, with screening. hir. Qrigans said that because of the proximity to the par{: and a residential ai�ea ��as the reason for his question. Mr. Clark said.he hadn't discussed this ��itl� Cat�ter-Day, but he had discussed vandalism. He said they stated ihat they didn't have much vanda�lism and�he assumed that this was because of the size and weic�ht of the material being stored, also. Mr. David Harris said he �,�asn't advocating another ruadG-�ay in this area, but he was.��ondering if the Engineering Department had given any thought to the area between University and Hir,h��lay ;�65 for access, if necessary, to the park. He said he was bri ngi rig ��;hi s up at thi s tiii�e was because. there vaas only one devel opemnt i n thi s area�, and there was a lot of empty space be�.ti��een Carter Day and the Target Warehouse. Mr. C1 ar4�. . sai d 1;iie �ray ti�e parki ng �vas 1 ai d out for Locke Park, there was a parking lot on either end and thcre wzs public right of ��ray to both parking lots. Ne�didi�'t think they intended to expand the pa��king area, so there wouldn't be any need for mare access. . � � ' Mr. David' Harris said there were people in the Melody Manor area who had no difficulty walking to the parlc at this time, but �vhen�there was further development in this area, at some point in time, they would be cut off from this access.� They will then have to go all the way doivn the service drive and get access in the area of the.City garaqe,�or all the way down to the east end of the parcel to get access. h1r. Clark said this ��as a very good ti�ought, but any acce5s should probably be more centrally locatcd �nd would be east of the Carter Day pro�erty. Mr. Harris said he thought some thought should bn given to i:his now, so that thTS area doesn't become . �a ��9 � ' � �, , � Plannin Corn+nission P�teet�inq - Auc�ust 6, 1975 '�� 'a2 7 : % F _..� . "'� A . isolated. Fle said that -if it was not out of order, he would ask t:f�e Engineering DGpari.ment: �to make a report i:o tlie Parks & Recreation Commission on their sug�estions as to G��hc�r°e a vral�;way �r path��ay could be located through the iridustrial area bordered by University Iluenue and Flighway �1G5 for access to Locke Park: � MOTION b� Langcnfeld, �c�condcd by Scotf�, that the Plannzng Con��nissivn rccommc�nd that a building permit be? issued Lo Cartcr Day, 5b0 73rd Avenue N.E. , for a p1_a:�t additiorl, w_ith tl�e five stipu.l�ti�ns of tl�e administrat.ive staff .report, with the ch�nge :in Ll�e 4th stipul�?t_ion, tl�at the p1�nL-ings that taerc a buffcr L-o Lockc ParY. be reu.ie�acd �pr�e�aly, and a Gtl� stipcilation ,�c� added requesta.�9g a copt� of the rcntaZ ayrecment bet.�.�ecn Cart_er. Day and the Minnesota� T.rat�sfer 12ailroad on th�} storage of msterial be gi.ven {:o administration. Upon a voice vote, aI1 vot.ing aye, the motion carr.ied unanimousl�. • , � D. Pla��t Addition, Macf►ining, Inc., 140 Liberty Street N.E. •` AD1�1TNISTR/'�TIVE S�fA1=F REPORT � Gen�ral Descr�iption� ; This permit is for an adctition to an e>:�s-�ina located at 140 Liberty Street �E.E. Th� propr.r�y is � industry) �nd meets the present codE rea,uircme�its. mu��ufacturi n� e�ta.bl i shment �rrsent zor�ed P�1--1 (1 igh�; 1 The builaing is a combination o� bric{:'an� coi�ci��e�e b1ock structure designed to match botr� existing st�uct«res� Expans-ion in the pas� involved the taking over an existina str�uctur� so��ti°i afi �.F�c al3F�y. A vacat7or� o�f tf�at a'iley I��as bee►� appr�v.ccf , by the Ci �l:y Co;�nci 1 and noti�� th� pe�t�i ti oncr� v;i 11 tie bo'cr� bui 1 ci ir�gs tagethei�• ��,�i th �he addi�ion applied �Far uncier, tt��is permite . � ' � � ' � Engineering: We don't foresee_ a.ny probler��s ��;i:tl�i gra`ing or c(r��inage an tl��is si�e. rt has not been deter►ni ned as ye�; f�ota� the compl eti on of Li be►�ty S�ree� ��ai 11 be f�andl ed and 4,�i 11, hold up.�:he �finishiric� tc�ucf�es of the fron pa.�°kin� a.rca on �:he ex-isting buildirig. (see stipulation). • ' . Env.ironme►�tal� There is residential development or� the tti�csl; ancl South s-idc�s of the proper-L-,y which sf�ould be protected by visual lql{�l�avements to 'r.l�e �rope�°ty. It Ys sugqested that i;he screening, t��!'�ich as been provideci along thc l�cst side of the exist;�ir�g . property be continuecl to the Soui:h alanc� thc l�;esi; proper�;y l�inc, ��nd par�:�ia1'ly East alo►�c� Lai�gfello�� Stree�;. V�ines must alsc� be plui��ted aloi�g tl��is f'er�ce ��airt eventual coveriny for the slatted chaiii link fence. Soil berming and landscaping must also be provided along Longfellow Stree� for the �urpose of screening �:he parking facilit'ies. .� Building f'ermit S�ipulations: ' 1. Front landscaping along Liberty will be com{,leted ��ith this pe�mit except that portion ti��hich is undetc:r•mine�i ciue t� �:he unfinished section � .� of stree� and Jol�n H��yes access through thi s property. A11 unfi ni shed� � landscaping in designa�ed area must be com{�leted tivith roac� improv��ents. (see approved plan). . � � ; � . .. . .�,::� ,' '' ' � . ,. - " . .PaeB . Planninc�Commi��sion Meei:ing - August 6, 1975 _.�..___._.� 7 G . . . . , . . . � rb�ir� as desi nated on plan by G"x1$" po«red concrete. ,. 2. Thc cu g 9 3: Solid scrcE�ning he �rovided along t�Jest properl:y line and East along � ' Lonyfe�ilow Stree�: t:o screen possible storage area. � 4. Cxtens�ive lanciscaping be provid�d in conjunction with soil berming ta ,' �provide v�is�ial protcction and screening �For existing residential areas. , (As 4�er approved plan). . , ' . , ' hir. Clark said thc pe�:itioner was before the Planning Commission and Council a couple of mon�:l�s ayo asE;�iny f�r an alley vaca�;ion so this addition could be Uuilt. He poin�;ed ou�; on the plot plan where ti�ere will be berming, landscaping and a � b1 ack�op area �;hat k�il �[ provi de access across the t�r�cks to Jof�n Hayes' property. Mr. Clark reviei-;ed the bu�ildiiig permit stipulations and said they vJere basically abou�: i;he screening as sho�,�n on the plot plan. Mr. Lai�gcnfel� said he ��JOUId apprec�iate a b�tter definition of solid screening. Mr. C1ar!< said that in this instance it �,as a slatted chain link fenc�. Mr. Langenfeld said he t•rould like the administrative stafi' report to state vdhat type.of solid screening they ti��ere recon.:��e��ding. - . Mr. Lindblad said that he vaas never very happy 4yltil slats in a chain link fence. � He said tiiey looked goad �Frhen they were first slatted, bu�; in a short time they 4�rere in �oor repair and didn't seem to be maintained. Mr. Clark said there was a section in ihe City C�de on the maintenance of.blacktop, landscaping and fences. P�1r. L�ndblad asked how this 4;�as policed, was�it mostly by citizen complaints? Mr. Clark said that � this was basically true at �the present time, because the staf� didn't have the time to go around looking far coGe violations, but that �hey hoped to be using some CETA people to start settiny up programs so that.tve can visit facilities in the City , perioclically, at least once a year, to remind them of things that need to be repaired or maintained. � . � ' Mr. Drigans asked �vhat this company manufactured. Mr. Lindblad said it was small metal parts. . � , Chairman Harris asked if the situation with John.Hayes had been taken care of. Mr. Clark said he didn't know if r�1r. Hayes }�ad been confronted with �the plans for this addition or noi;. Ne said that �1r. Schaul had be�n requested to talk to,P�1r. Hayes and in�orm I}im �tha1; I�is access to Lot�gfellaw 4�aou1d be cut offi with this addition. � Mr. iHayes will still have access to Liberty Street. • Mr. Dav�id Harris said he thought the administrative staff report should state the , size of i:he existing building and the size of the addition. P�9r. Clark said they were wor4:i ng on prepari ng a foi�rn t�rhi ch woul d have a pl ace � or thi s, and woul d al so i ncl ude ti�e� valution of the construction covered under the building permit request. . � , � ' MOTIQN by Harri.s, seconded by Li.ndb.Iad, that the Planning Commission recommend approv��l�of a building permit- for a�p1a12t addition to Machining, Inc., 140 Liberty .,. Strect, wit1� Lhe four'stipul�tions of thc administr�•tive staff report. Upon a vaice . vote, all vot-ing aye, t:he motion carried unanimously. � E. Church Addition 'and (�ew Gymnasium, Fridley Assembly of God Church, 472 Osborne Road N.E. ` 0 J � Planning Commission�Meetinc� - Auqust G, 1�75 �P�� 9 . � i � . ADMTNISTRATIVE STAF1= RCPQRT ' General Description: , -2 This permit is fior a buildiny addit�ion �o the Assembly of God Church �� at 472 Osborn� Road �a.E. The addition ti��ill provide for an ex�tension of the . existing sanctuary and a gymnasiuir. An exl;c.nsion of park�ing �fac�ilii:ies will , � be provided to a11o��; for approxirnately 12B si:alls. They a�°e also working on a joint parking facility agreement with �Lhe hospital i;o the South. � �] � � ' . , � � � ' �� ' � ' LJ 7he.acfditian �;o the sanctuary :-rill be consi:ruc�;ed o�F bric(: and w-ill ma�tch �:he exisf.ir�g sa��ct«ary, the gymnasiui7, ��ri11 be attached �:0 1;he existing Sunday Scliool unit;, and ��;i�ll coinc�ide ��ri��h t�l�c� overa1l design scherne af the exi sti ng �faci 1-i ty and ��ai 11 be cons �ri�ctecf of concrcte bl ock whi ch wi l 1 ti e into the block cor7structiar� o�f tl�e S«nclay School unii:. � Engineeriny: 1�le cior�'.�: forese� an,y En� i rieer i ng prabl ems � i he grade �i s suf�fi ci ent enougr� to drain the pa►"I:li1C} �Ot �;0 tf�e s�re�t. The ext�nsion of i;he parking faci 1�i ty ��ri 11 al so al �! o�;r �For dra ira,c to �:h� 's,outh �hi�ough the i��ospi tal facili�cies, if jaint agreemcrts are di�a4�;r�. . Envi ronmer��L: 1�ae don ` �� forese� any rna j or envi rot�mun�a'i i npaci on the surrc�t�ndi ng area with the proposed constructioE�: . ThE res ioei�t ia1 property i:o �he �}aest o�f i:he church abuts ihe large parking -iaci1ity and should be pro�ected by closely groti�an 1 ai��scapi�g a�° a sol i d screcn fence. Building Permit Stipulation: 7 f� 1. The curbing and landscaping relate� to �he gymnasium be completed with -. the addi�:ion. The west parking lot anci all of the related landscaping , vaill be completed by June l, 197.7, and�the east parking lot and all. ' related landscaping will be completed by June 1, 1978. (as per approved plan). . 2.. hlaintain planting areu between church parking and Unity liospital pa��king. 3. f'rovide sc�°eening for residential area �along West propert.y line. � Mr. Clark said.this item appears three times on the agenda because it requires tht°ee different �ctions by the City. One is the building permit, one is�a lot split, which will move �;he lot lit�e to a�more southerly location, and the other was a request to vacate the exising drainage and utility easement that exists on the present property line. � � . �� Mr. C1arE: said tl�e st7pulations related more to updating the present facilities as far as curbing on the existing parking lots. He said the new addition wil.l be just a little higher than the existing structure. Mr. Clark said the petitioner was aUle-to purchase sonie property from the North Suburban Hospital District which �tiill make their lot more rectangular and wi11 allow i:hem to meet all 1:he code requirements for the addii:ion. ile said the N.S.H.D. was in favor of the lot split and vacation requesl; and had signed tP�e application, so they must be in 1'avor of the praposal. � � ' � � r � , l� . _ � . 7 I Plannin Commission.ficel;in��/1u�ust G, 1975 Page 10 Mr. Lanyenfeld said tha�: in the Encj�i��eering seci.ion of the aclministra�ive staff. �reporty it si;ates th�t the cxter�s�ion of`tl�� parki��g �faci�lity will al1o�r for drainage to i:he sauth ihrough the hos��ii:al fac�ilities, if joint a�reemen�:s are drawn. It then mention.s in the. sec:ond buildinc� permit stipul�ation to maintain planting.area bet��reen church park�in�� and Ur�ity Nospi tal park�iiiy. f�1r. Lan�enfeld asked if this vrou1d be a stipu�ai:'ion if a jo�int agreemer�t was drat�rn. t�Ir.. Clark sa�id there G�lould be dri��cways be�:��reeri the tt�ro properties� and i;h�is wo�ld allo4v the drair�age i;o go from ihe church parking lot to the hnspital par•l:ing lot and from there to the storn seti-rer.systcm. Mr. Lanc�enfelcf sa�i�l that in the environm^n�:al section ofi the adm�inis�Lrai;i��e staff report, �it stafes that �:he res�ideni:�ial prop�:rty to 1�1�e t��est of the church abuts the large pa1�4:ing facili ty and si�ould be {�rotected by a closely gro�,fn landsca}�-in� o�° a solid screcn fence� Fle said h� �re�ilcf pr.efei� ��h� wor�i mus�; to siiould. P�r. Clark said the �fllt,d stipula�(:io�� c�kes care of ��his. . Chai rman Hart°i s asked 1�;hat rear y�rrc� setback requi rement �they w�re io11 ow�i ��g c�n this p�roperty, resi�en�.ial or com�r^rciul? (�1r�� Clar{< said the setbacl< was 30 fe.et} t,�h-icl; trrou1d meet ei�;lie�� re:�ui�,emcnt. � � Mr. Uavid Har►nis a�ked v�ha.t the S1Cj11�l�f'ICdi"IC�•1�1S oi'�i;he da�tes mentior�ed on the comp1etion of certain il;ems �in �tl��e first b��ding perrnit st�ipu1ation. Mr. Clark sa�id � this ��as a 1�Arge budget item, curbing, anc� t}�is was i�or the existing parking lot., The da�tes mei��i oned ��aas the p��ogr��am t:he� ch«rci�� -Fel t��hey coul � mect � Mr. i-tarri s sa�i d - he had broughi. thi s��p because i�;hi 1 e he di d underst:and �he probl ems �of ��hurches' an� o�Lher non-profi t organi zati ons , v;ho ��rere dependent upc�-n-.��ree �wi 11 gi f�s or o�Fferi ngs -, to mai►�tain �heir e��titiy, and i��e have had some cases �ti�{�e,re_ work, has been done very . -- nicely by various p�ople, but sane of the work never seems�.to get done. �He said there� ��ere a couple. thai: t•,�eren't done that were started in the early '70's. � Mr. Clark said the City had had experience.i��ith this church before, when the sidewalk was put in along Osborne Road: Ne said.this 44as completed by the agreed date, . and they Viad done an adequate job. He sai d our experi ence ti�ri th thi s chu.rch was pretty good as to vol unteer ��ork. .. hir. Harri s sai d he knew i�lley had dane a good job, but he , � thought for over-all planning City-��fide, �,�hen we get ti�ese requests that asl: for a deTay because they ��ere too lar.ge of a camn�ittment to meet on a yearly budget, we should � have some control. � � ' ' �J � Mr. Clark said that when someone comes in for art addition, we try to sit down tvith i;he developer or owner of�the propert:y and be as harsh as we think we can be, and Y�t be as lenient as we feel we can be, wi�:hout jeapardizing the City's thoughts and goals in getting all these things done,and quite often the pei:itioner wil�l a.gree to do tivl�at the City rcquests if �,�e will agree to certain dates. He said that if Mr. Harris was asking what.ti��ould happen ifi these dates �•�ere not met; he thought they would - have to cross that I�t�idge at tha�;�tim�. He said tnere should be some goals and objectives set.up so we could handl�� this. He said thai when the City se�:s up certain�comple�;ion da�es for improvements, and these �Neren't met, but would be in a reasonable ti��e, he . thought the staff cou1d handle this, but if they need an extension of months or a year, the�n {�erhaps th�y should havc to appear before the Council and s�;ate publicly why they couldn't meet the schedule and get Council approval�of the time extension. h1r. Harris said he thought this could be a solui:ion. ��1r. Clark s•aid this shc�uld apply to a11 properi:ies, both non-profit and cominercial property.� � h10TlON by David /lar.ris, sc�conded by Scott, t12at the Planninc� Commission recomniend ' approval of the builc7ing permit for a chc�r�h addi t.i.on and new gymnasium Ior tlic F'r.i.dley Asseml�ly.of God Chui�ch, 972 Os:�orne Road N.L. with the threc building permit stipulations ' . • ., . - . . .. �. . -r.��-- ,. �Plannin Comm�is �ion M�c�tiny -/1uc�u�t 6, 1975 Paqe 11. �� . 7 J of the Adminisi:rative Staff Report. Upon a voice vote, a11 voi:ing ayc, the inotion ' . carried un�n.irnous.l�a. . � 2. LOT SPLIT.REQUEST, L.S. ��75-05, 1=RTDLEY 11SSF�t�I�LY OF GOD CHURCH: Split off thai: part o�� Loi;s �i - 12, 131ock l, Osboi�i�e t�lanor 2nd Addition, that lies �dorth oi �:he following desr►�ibed line: Geg�inning 1�; a point in t;he t-aest lin� of Lot £3, loca�:ed 5 feet So«�h of ihe Nort:l�,west corner, thence Lasterly to a point in �;fie E.ast line of Loi; �12, being 75 -feet South of the Northeast corner and .there terinina��ing, the same being 472 Osborne Road I'�.E. Rev. G. Marl: Deny�s ti�aas presen�;. Mr. Clari�, said the �rese�t lot line woul�i sever what they �Nant to add on to the church. They have purchased this property fr'0111 the North Suburban I-iospital Distri ct, vJho had pi cked up these 1 ots from the i:ax fo��fei t rol l s. The Hospi i:al Boarcl G�rill use this property for a parl:�inc� lot and eviden�Lly, this part af the property vYas . i i� excess of ��rhat thcy wi 11 need. � He saici the si:�ff recommendation ��,�as that thi s request 1=or a 1 ot spl i t be approved so the church can proceed 4vi i;h i ts expai�si on . � NOT.ZOIJ by David Harris, seconded by Lindbald, that the Planning Cornmission _ recotrunend to Council approval of th� .1ot split request, L.S. �F75-O5, by the Fridley Assen�ly of Cod Church, to split of.f t�hat part of Lots 8- 12, Block 1, Osborne 11�nor 2nd Addition, that lies Itiiortll of tl�e folloraing described Zine: Beginning at a point in the West line of Loi: 8, .Zocated 5 feet South of the North:aest corne.r, ihence Easterly to a poi��t in the East- line of Lot.12, being 75 feet Sout-h of the Northeast corner and �hc�re �ermiriaiir�g, the sar�e being 472 Osborne Road N.E. Upon a voice vote, a1.Z voting aye, thc moticn carried unanin�ously. ' � 3. ..VACATION REQUFST, S/�V ;#75-09, FR�IDLEY ASSFhiE�LY OF GOD CI-IURCH: Vacat� the 12. foo�; dr°ai nage arid uti 1 i�y easement; th�z� 1 i es beti-reen tots 1 and 5, and Lots 8 and 12, Block 1, Osbo�ne P�lanor 2nd Addition and m�ve �t to 1;he center line of the net�r property lii�e, the same being 472 Osuorne Road N.E.� � Rev. G. Mark Denyes vras present � � Mr. Drigans asked if 7Gth Avenue N.E. hadri':�: just been vacated recently. Mr. Clark said it had. P1r. Drigans asked if the entire street�had been vacated. Mr. � Clark said yes, but we d�id keep the utli�:y easement because we have sewer and water in�this easem�nt. � " Chairman Harris said there ��as a letter in the agenda from Nori;he��n S�ates Po��,�er Company asking fnr ��ritten permission from the petitioner to retain and have access io.their existing facil�ities off the new location of the easement. He asked Rev. Denyes if he �,�as in agreement ��rith this •��cquest. Rev. Denyes said he had a copy of the letter they had written to Northern States Power Company giving them this�permission.� h10TIC}N by L�3ngenfel.d, seconded b� Dr.igans, that the P.Zanning Cornmission receive a copy of the l.c�tter written by G. I�iark Denyes, pastor of I'r_idley Assembly of God Cl�urch to Arorthern States Pow�r Campany, dated August 5, 1975, qiving them access to tb thc�.ir exis£iny faci.l.ities off the new Zocation of the easement. Upon a voice vote, al1_voting ay�; the mot:ion carried unai�imously. . m '?^,nx,m, I� � I'lanning Commis.sion ��iceting - August G, 1975 .Page 12 __. � �� ' • MO'I'I�ON liy Drzgans, >econdcd by Scott, thaL the P1ann.ing C.ocmnission recornmend Lo Coui�c.i], �ip�>>�ov�21 of thc� vacation rcques�, SI1V �i75-09, b?3 t.he �ridley Assem.b.iy � of God Cl�urclz, to vac��te tl�c 12 foot dr.ainaqe �nd uti.l.iL-y easement that- lies vctwean '. Lots Z tl�rou;h 5, and I.,ot-s 8 thJ°ough .12, I31ocIc 1., .Osborne I�lsnor 2nd 11c�dit.ion, and move i� to tl�e> ccnter Iiric� of the new ��ropc�rty ].ine. Upon a vozce vote, a11 voti.n�� ' aye, tllC T110tJ',OII c��rr_i�c3 unanimously. ' ' r � ' .' �J �� J ' r � � � 4. COi�TINU�:D: 1�l1CATIQh1 REQUEST, SAV ��75-05, BY RIC1fi1RD Y.OK: Vacate the 6 foo1; drainage�aiid utility easen�ent on tl�e South side of Lot 6, f3lock 1 y Clark's Addition, the sarne being 6517 r��cKinley Street N.E. Mr. Richard Kolc was present. Mr. C1 arl< sai d thi s i�tem had been cont�i nued a coupl e of ti mes , or�ce because the pet�i�tioner ��ras no�; pr�sent ancl arotheih tirn� to allo�N the Engineer�ing st�ff �to determi ne �he uti 1 i��y {�ati,�rns i n�hi s parti cul ar bl ock. f-le sai d there v�as a merno and a map in the agenda c�;plaining 1:he part of this easeir�ent that V�ad to bE re�ainc�d. tY1r. C1 ark con ti nued �tf�ai: 'i.he Engi nee��•i ng Depa��tru_� �t had no obj ecti on to 85. 31 of thi s� easem�nt bei ng vacateci on Lot 6, a1 ock 1, C1 ark's i�ddi'c�i an, bui they ��oul d need the balance of this easement to lirie up vaith an easeme�t i;hey vaould need �o follo��l the iVor�;h-South bot�ndaries of Lot 75 61ocS; 1; C1arF:'s Adcitio��, and Lot 8, Qlock 3, d�1oorc Lake Par•k lst Addit�ion. He said the mapsh�iA�ed �chat the-exist��g �ja�age did ei�croach ii�to the G foot easement. By retaining part o1= th-is easement, a Very- small portioi� of the garage �4�as sti11 in the easement, but the recommendai;�on ��as i;o a11o�-� this very small portion �Lo encroach into the easement. Chairir.an Harris asked if the Engineer•ing stafr'� was recoi>>m�nding i;hat the G foot ' easement on the f�orth boui�da��y of Lat 7 be vaca-�ed also. hir. Clark said there 4vasn't any recommendation, just that if it �f1as vacated, to be sure the same part o.+•this easemcnt was retai ned a.s on the South si de .of Lot 6. f�9r. C1 ark sai d i;here vrere no ut�i 1 i ti es i n tf�i s easen�en�r, they ��tGntEd to retai.n , but i f ihey have 1 ooked at the area, they ��ould be aware that there ti�aas a lo�� spot I�arth of Lot 8, and. Eas�: of Lot G, and it must trap water. If the people in the area should ever petition the City tq dra:in that lo��r area, we would have to�have an easement to get a storm sewer bac4; into this area, and feel that �Lhe logical alignment would be betwe�n Lots 7 and 8. P�r. Drigans said he could see no purpose to keep�the 6 foot easement on the North side of Lot 7, if the easement was vacated.on Lot 6, except for the part needed for a potent'ial storm sevrer easement. A ha1f af an easement wasn't good for anyth.ing. Mr. David Harris said he agreed with Mr. Drig'ans. • Mr. Kok asked if i:his small arnount of his garage that ��rould be allot•red to encroach in this ease��}ent would cause him proble«�s if he wanted to se11 this �roperty. He tfiouyf�t he s(�ould� get something i"n writing tha1: the City would a11ow �his encroachmcnt. Mr. David Harris said what Mr. Kok was questioning was that was done on'tl�is property, prior to selling it, he might have a said this could be handlcd by a letter or a Council resolution, were many ��ays of handling this. Mr. Clark said �:his could be put in the staff report. � t10T:fON I�i)'l.an9ctifr_1d, seconded l�y Lindbl�zd, that the to Cou»ciI a�>��roval of t]ia vaca�i�n rcquest, SnV �f?5-05, WesLc:r1� 85.31 fcct oi' the l2 fc>ot draiiiagc� and utility S • • _ ' ' if a title search problem. Mr. Clark or by a motion. There PJanning Commission rccommend bc� Richard Kok, to V�3Cd�@ the easenren t on, the Sou th � „�*,• .. r�i� ', Planninq CorniT��ission Mec�tinc,�- Au�ist 6, 1975 _' __ �Paqe i3 7 L � ' . side ol� Lo� G, and tl�e Nortla szde of LoL- 7, 131ock 1, C1r�rk's AddzLzvn, c✓.ith tlle � st.ipul��t.iof� L-hzzt tlie Czty a11o�a tl�e encro��chrl7ciit �of tlle sm��11 pari� of the ga�•age ' on Iot: 6, .i.nf.o the r. etairted easenrent. Upon a tiroice vot.e, a.Z1 voti.ng .a�e, tlle mo�_ion c�rried un�znimvusly. , � �. �u�i_rc_H_r-_nE,Tr,�: cor�sJncanrro�v oF � ��o�osc� �t_�r, �.s. ;��,-c2, ��Err�I�scN n�nlrror�, . QY LFI1- HE_1�f2If:SEN:�13cing a re�lat o%�arts of Lots 33 and 35y /�uditor's Sul�- � �. d�ivision No.~ 779 generally located �Jesi: of East River Road and South of Logan . Parka�ay. • ' � �h1r. Lei'f Henri ksen w�is presen�. MOTION by Pr.igans, seconded by ,Scott, io opc�n the Pi2bZic FIe�3r�iTlg.. vote, a11 vot=ing aye, Cha.ir_man H�.�rri<; decZared i-he Pulilic Il�sring open a proposed p1�t, P.S. #/75-0?, Ilenrilc�en �lcidition, by Le�_f 1lenri.ksen. � Uppn a voice at 9:07 on � hir. Clark said tiiis �1at, under tvro different names5. haci been processed threc � differert tim�s, prioi� to iilis request. Each -tin�e it had been approved by 1;he Pl�nning. Comr�issiot� and the Counc�il. � (�ir. C1 ar4; .conti nued that i n 195��, the then o�,mer of t�e property, I�lr: liarol d � Lorertz and the adjacent property ovr�rier, h1rs. Hale, presen�;ed a plat. t��hich was appraved ? � but never recorded. In 1969, a developer p�,esented the same pla-t, �-rhich t��as approved - but never r�coi�cied, and in 1970, ii �ti�as again L�rough� in and approved, and for some ' � reason ��;as ne��er recorded again. Now s�ince 5 year�s have pussed, i�,�z told the petitioner that he wou1d have to s��art all aver again goix�g througn the Public hearing process. , hir. Clark said thet��e we��e 8 1ot�s in the pr�posed pla�, a��c! they all r�ee� all f .' the requir�ments as to tatal area and fror��: foot�ge. He said the same s�ipulations � •that were necessary at the time of the other requr�sts for this plat still e;;ist. � ' An easement mus� be granted bet��reen Lo�ts 4 and 5 of the pt�oposed p7at, �o a11ow th� seG,�er to be brought out �:o serve �he 'cwo houses that face East River Road, and also allow the ��rater rnain to be looped out to �the main �on East River Road, to ensure prop�r water circula�;ion of the ��ra�:er system. Qack in the previaus approvals, i�t 4,�as noted9 � and i t i�,�as s�i l l true, �ha-t o�;her ri gf�t of �-�ays are necessary to get access to thi s . plat., We not•J have on -Filc, a 25 foot easeiY�en1; on Lot 31 for street right of way, bu�; we have nothiny on file on Lot 34 to give the ather half of i;he dedication, or to � '� provide adequate right of way to bring tl�e street.in from Riverview Terrace for public access to another public street. 7he Council had previously authorized the negotiations for .these ri g4�t of wa,ys , but unti 1�ti�e have a pl at prob��bly on ri 1 e, the Ci ty, i f i t �spent any money, wouldn't fiave a�roject to assess.it to, and that H�as one of the reasons j �these right of ways hadn't.been acquired. � � � Mr. Clarl; said that the Engineering Department had lool<ed at this pla�;, and has � said that it �vas feasible to serve �.t with se��,�er Und water, providing tl-�e righi: of i tvays aaere acquired. He said �th�t James Nedren, �vas present, representii�g Rivertivood '� School, and he had recalled some of the original conversations, and there was some � �� ' dilenmia �ack iil previous approvals as, to ��heth�r the access should go out to East � River.Road, or.ou� to Riverview Terrace, or both. It was tl��e consensus of the staff, F � Planning Coi�m�ission, Streets & Utilities, and Council, that t;he access should be to �� Riverview Yerrace, and not go out to East River Road, because this was a blind inter- section.. ' Chairman llarris asked if Lots 4 and 5.would be large enaugh i;o I�andle the sewer � easement and still be buildaUle. M�r. Clark said they were. . � . . . � . . � . . . . � . �,,,.,.� - . . . �.�,,,;, � ' �_i � , � ' � r Plannin�_ Cornmission Mcetinc�_ l�uc�_ust G, 1975 � Page 14 7 r�1 � Mr. C1 ark szi d t��e peti ti oner had been cii SCUSS111Cj tVl� progra�» as �Lo ti�rhen 1;he � utilities �and streei;s, etc., could be put in, and the En�inecring [)epartment told ii�im qu�i�;e honestly and franhly that they probably wouldn't be pui: in until next spring, because i;here are hearin�s on the plai; si:ill necessary, and af.ter that there v�ill be hear�ings on the improvements and the acquisition of the right of t��ays. Ile said ii: may be �;�ell for the netitioner to try and acquire some of these right_of trays.becai�se he could negoiiate, because the City v�as now put in the position by a neF�r Staie 1 aw �vhere f;h��y have to offer what the 1 and was vrorth by i;he square foot. He said �he didn' l: �;hinN: there ��ould be too much trouble gaininy sorne of �;hese right pf �-days because there ��rere houses located on unimproved streets. The exception ��ould be i:he t��ao ho��ses fac�ing Rivervie�•r Terrace, because they v,�ou1d gain.very li-ttle benefit from the s�:r�ect. H.e said that P�r. James I-leciren i�ad recalled some nevr laws where street ri gh�: o�- 1�rays �that confl i ct ti�ai th recreai;i onal pr�operty, : had to Ue deal t ��ith rather delicately. ' h�r. t�1�il:e Hagen, 7170 East Ri��er Road, said tha�;• he had no sew�r service and t�rondered if ��:her t is plat 4��as deve�lopeci, if the se��rei� would be put in i�or his lo-t. h1r. Clark said to serve �the plat, seaaer service �, �uld not necessar�ily be put in for his �roperty, bu� �if f�e desire:l a feasi.bi1ity study or a preliminary report be made to serve hi s proper��y, h� ��aoul d suggest that he pe�ti ti on the Ci ty for se�,�er service, s,o it could be done in conjunction with this nlat. Mr. Clark said there ��lould b� a hearing held in v��hich ��ir. Hagen woulci be tol�Q the es�;imated cost and if thc�F�e ti�ere other ri gh�t of ��a.ys necessary, thi s woul d a] so come up at the ��'�ari ng. - ��1r. Clark told P�ii�. Hagen that this Evould not come up ��1ii,hout a pe'cition, and Council liked to have.50% of the people affected by this request, sign the petition. ' P�1r. Hag�n said ��{�ai; botf� I�ir. Nielsen, 115 71 1/2 I�Jay N.E., and himself, who. o+n�n the t�vo I�ouses at the er�d of 71 �1/2 k�ay, wanted to see the access to East River . Road closed, because -this �,�as a blind corner. : • . � � � �� ' ' ' � � p1r. Ke�inetl� Johnson ,�0 Logan Par•I:�ti�ay, s� i d he ��^ras i nterested i n the type of constF�ucti on tha�; �ti�oul ci be qoi ng i n on thi s p1 at . He asked i f there ��ere any 1 im�i iati ons on what could be built on this plat. f�1r. Clark said the only limitations 4,�ere that � they be single family hom�s and of a certain square footage. There were no limitations as to one story, t��o story, or split foyer, and they must have garages. P1r. Clark said the petitioner ��,�as present, and as he ��ras a home builder, he would probably be building all the homes on this plat. Mr. Johnson saia there vdou.ldn't be any apar�:ment buildings going in then. Mr.. C1ark slid the property wasn't zone� far apartments and the petitioner v,�asn't asking for rezoning. P1r. Johnson said he thought the value of their property �vould go up if this was devcloped into a n�ce area. • . Mr. JamesHedren , business administrator for School District #14, said that he _ thought it tvas premature to be talking about righ�; of ways or possible right of ways. Mr. Clark said he� didn:t �cliink it ��fas �remature, but he thought it would t�e pr�emature for, the Ci ty to negoti ate for ri yht of ways unti 1 i;hi s pl at ��as accepi:abl e. He sai d that negotiations would i�ave to start before.the final plat was approved. • p1r.. 4fedren sai d the other proUl em ��aoul d be drai nage for thi s pl at. Mr. C1 ark said thei�e would have.to be a storm drainage plan for this plat, and they wouldn't allow i1; to drain.onto school property. • Mr. Gordon Sangster, 7169 Riverview 7e�°race N.E., said he would like to revie�� some.of the t:hings that f�ave happ�ned�beforc this request. .He sa�id he purchased his property in 1964, after the first�plat had been �roposed. He said he applied for a build�iny permit in June of 19G6 and at t:hat time there was some dis�ussion about the road yoing througl� and that,�:hey desired 25 fcet from his lot fior right of ��►aY• � '• . • . • Pac e 15 7 � �lannin Commission Meeting - 11u ust G, 1975 � J r. During that tiir�e, it was dei:ermined that we coul�d not build the type of home we. , • wantec! i F�:hi s 25 feet: was .giv�ii u��, ar�d sul�sequently the bui 1 di ng permi t��ras i�ssucd t�r�il:hout the riyht of t��ay being c�ivc�n. At thzt time therc were no hoines � built south of (�iverview Terrace, although t:h� properf;,y f�ad been p1at1:�3d. He said he believed there was 30 feet be1;��reen his lot line and the l.ot Soutl�i of 1. his propert:y. I�Ir. Clark Sd1C� tI11S �vas co►�rec�;. �1r. Sangster said that he would • suspect that thi s 4voul d not be enouyh, as i t was not enouyh fo1° street r�i ghi; of �� way the l�ast time th�r•e was a proposal for a pl�t in �;his area. t�9r. Clarl: said it was state�{' by both� the P'lanning Cornmission and Cauncil �;h�t a minimum of 40 .Fcet would bc requirc�d for the right of way. L ' � � � �• � ��1r. Sangste►� said he would submit that any property necessary for the right of vJay be ohtained �f=rom the lot South of his propercy. He said that in 1�G9, �-�i�en th�i s satr:e pl at �-,as cons i ciei�ed , ti�e pl an ��as tha t access for thi s pl at coul d be either Easi;f�iver R�ad or Riverview Terracc, or i�oth. He said East River Road t�ras fe1t to be undcsiraule at that time, l��ca.use of the curve in the road. He said that since t{1�3t t11112 the��e has been develo,�mer�t along E�st River Road, and he ques�;i orcd i i th�i s �voul d be a 1�1 i nd coi�ner, i f so�r�� brushi ng back were done . , Nr. Clarl< s�id he �houghL f,1r. Sargster hud given a pretty accu��ate description of. the hi stary oi� thi s ar�a . I;e sai ci he recal 1 ed i t the same atay. He sai d the P1 ar�ni ng Cami»-i ss i on coul d��s k the Engi neeri ng . Depari,merlt to stud�� the -Feasi bi 1 i ty of usi ng .East Ri ver Roa.d, bu�; he vdou�l d douLt �;hat they �•;�oul d chunge thei r mi nd. This ��,as becausc of the curve in the road, and because thaf; sometiine in the future, there ��rould be a mediai-� placed in the center of the road ��,nich t�aould make �:his a difficult access for anyone who ��aanttd to go South. He said there ��aould be 8 or 10 homes 4•aho woul d have to use �th�i s access. Cha�i r��an Harri s asl;ed Pir. Sangster ho�1� clos� hi s house U�as �;a the proposed road. ��i}°. Sa��gster sai d i t was. 20 feet. Mr. Scott asi<ed r�ir. C1 ark i f they tvoul d �ake_ 5 fee�: i�rom each properi;y. f��r. Clark said there ��as no set rule, it would depencl upon the s�tree� al i gnme��-f;, but tl�e total .woul d be 10 feet. tY1r. David Fiarri s sai d that at the time' �h�i s was consi dered befare, �he -�houqht � t�ere comments from the County asking the •Ci ty i;o 1 imi t i;he access �:o East Ri ver' Road. It was dei.ermined at that tim� that they would try to work out an agreeable solution to route the traffic i;o Riverview Terrace, trying to take into consideration the � opposit�ion to this solution. He said �;his concept had a1ready been��approved by the Council at least t�vice, and he didn't see any other ��aay this property could be developed in relation to the lot size and access to these lots. I-le thought what 11ad � to be determined �ti�as �;�hether the plat traffic flow goe.s to Riverview Ter�°ace or East River Road. He said he thougfit a motion shou1d he made to approve the plat, � sti pul a�i ng ti�at the Engi neer°�i ny Departrnent �ry t� �fi nd an agreeabl e way to fi nd access to Ri verv.i ei�r Ter�race, wi th the second opti on bei ng tf�at i f thi s coul d not �, be ach�ieveci, to report back to tri�; Planning Commission some indication on how the Coun.ty feels abou�: access to Cast River Road. � � r ' Mr. Leif Ifenr�ii:sen said he was the developer of this property and if the access . was'goii�g to East River �oad, he wouldn't be in�:erested in this property. Ne felt that having access to East Ri��er Road !��ould be too dangerous, and I�e wanted no part of ii;. If that �vas the only opl;ion, he t�rould s�ll this property. . He said the homes he•intended to �uild on this plat would be in the $5U,000 to $60,000 bracket. lie said he �aould likc to build t�vo model homes right a�aay, even without sewer and water availaUle and would agree in ��rriting thai: these homes would not be sold until they had beei� hooked up to sewer and water. � 11e said he would grade thc� street and cul-de- sac up �Go the City code, and let the Ciiy take over in the.sprinc�. Plannin�Comm�i ssi �n P4�eti�. - Auclu�t 6; 1975 _*T _, � _ Pac�e 16 � � Q ' y� . ' � � , Mr. Scott. asked t�1r. Sangsl;er 11o�N he alould�{'eel if i�he Gity had to �:ake part � � of h�is property for street righi of �ya.y. � t�ir. San�ster said he ��rould be mo,t unha�py. ��r. Scot�l; a�l:ed how Nr,. Dahlquisl:, 7161 Ri�vc�rview Terrace, felt abou�: �;his. h9r. . Sangster sai �; that i�1r. D�h1 qui st fel t the sar��e way. � ' � ' � � , � � ' � � � � Mr. Clark said i;hat �•,�hen the area Sout;h of Mr. Sangster's property v�as plat:teu, ��{� asked �or a 30 foot �i��Ge�-dedicat�ion. He sa�id that �:o be frank 4v�iti� Mr. Sanc�ster and i;he P1 anii �i ng Con�m�i ss i on , i �� ore ri �ht of ��aay vaas ��e�ded , ��e �-rou 1 d try mo��e sl;renuously i:o gei; it i�rom h9r. Sangs�;er's property ral;her i:han froni Mr. Uahlqu is1;, because 30 ��'�� had al r,eady becn �:aken fr�om Iir. Dahlqui st's pt�operty, not di r•ectly, but i ncii rec i 1y when the 1 and ��as p�iai,tc�d. N� sa.�i d i t was' not defini te on ho��a tt�i s ��aould go, but it 4va, a stror�g poss�ir�ility, ��dl��icki vrould dc��erid upon the s�;reet alic1nmcn�:. f�1r. C1ark �aid it cou�id even be pos.sihie for i.►�e City to dec�i�e tf�at they could go ��ii;h a nar:�o��fer street,, and not a�l: for addi�ciun�l rigf��; of way, if it seemed that there ti�aas no propert�� available �^ritr��u�t. changing the ci�aruct.er of sor��one's prop��r�ty. Chai��rnun Flarris s��id as therc 4,�auld probably be only about 14 hauses using 1;hi s stree�t, �i t m�' �ht bU a strong possi bi 1 i ty �;hat tli�y cou1 d ge t by v��i �t;h a nar►�•a4ver street, beca��se t4�;�� had haPpened ir� otf�er arc�as. He sa�id that; if pai,ki►�g 4;as res�ricted on both sicics of the screets 30 �eet might be eno«gh. He said the Lrigii�eer•�inq Department shouTd consicier this j�OSSlI�1�l�f;y a.lsa. � I�1r. C1arl: sa�id !�e ��ras sure Lha.t a represe+�iative from.the Cii.y �=;ouTd be calling on Mr. Sangster and P�ir. Dahlquist and the school uoard., to see �vnaE could be ��orked out.� � MOTIO�,T b� Drigans, seconded l�� Scott, ta close t1�e Public Hea.ring. Upo�� a voice vote, a11 voL-.ina aye, C'hairman Iiar.ris der.laxed tl�e Public Hearing closed ai 9:3G P.1d. on the proposed pl�t, I�.,S. #�`75-07, Ilenriksen I�uditiorz, by Leif Flen.ril�sen. •. P90TIOId b� David Flarris, seconded by Lir�dblad, that t1�e Planning Commission recbmmeiid i-o Cotit�cil appr�oval of.tlle proposed p1at,'P..S. i#75-02, HenriJ�sen Addit�ion, b� Leif Henrikseri, be�11g, a replat� of part of Lots 33� and 35, Auditor's Subdivision T1o. 77, located G��est ef East River Road and. Sauth of Log��r� Parkway, subject to fl�e � Eng_ineeril��- Uepar. tm��nt finding an agreea.�le ti,>ay t-o get access to R.iverview Terxace, the section optzon bcing L-v r.�por,t' I�ac1. .to tl�e Planning Cvmrnission some indication from tl�e County on hora they wouJ.d view acces_s to East River Road. Upon a voice vote, a11 voting aye, �he n�otion carried unanimous]_J. . - P1i°. David Harris said that the firsi:option. of access to Riverview�Terrace �•aould include haviny a narror,er street> if this was the only 4vay agreement could be obtained. Mr. f{enriksen asked if the Planning Commission would give him approval to build two model lioines immediately. Chairman Hari°is said he couldn't get that approval from the Plan��i►�c� Canmission. This was a Cour�ciT ciecision. Mr. f{enr�i�<sen asked how long this �vas going to drag out. Ne needed land i:o build on now. .� _ , Mr. Hedron said �;he right oi' ti,ray that t�aas needed from school proper�y alone, � was goin� to take some time, because thi's would take action by the Board. Ne said �he earl�ies�; Lhis could be actec} on would be their September meeting. f-ie said he also � wanted to point out i:i��t if Mr. Ifeni°i�;sen c��anted to �have model homes fo.r viewing, that the Ci t;y does not pl ow undeveioped streets ,, so no one vaoul d be abl e to get i n i:here � ' A I. • . � -,�--, � � . . • � �_ ,,.. 7P � Planninc� Con�miss�ion t�eei:ing - August G, 1975 a _I'�e 17 i n the vri n L�r to see t:hc�se moc�el homes . Mr. Clark saicl the Council ��rould receiye these minui:es the l�th of August, but he coul dn' t say �-rheri i;hey ►•�ou� d be setti n� the Publ i c Neari ng on the .fi nal pl a�. � Mr. Heni�il:sen said he knew he had to pay i�(;; but �Lhe �ark fee made him a lii;tle ` uncomfort?bl e. t�1r. Cl arl: sa�i d the pl att�i ng ordi nance states that 10`/ of tl�e 1 and must be dedicated for �a��E: purposes, or else �;he park fee vaas $300 per lot, ��rhich in this cas� was �?_,400. Mr. Henriksen said that it seemed to him �;hat every time he turned around he got a bill for $2,000. ; Ghair°man Harris said that these ��ere things that he vrould have to discuss Wl�I1 the Ci ty Co�mci l. - • 6. U/�CATIOf� REQUEST, _S/1V ;#75-10, �Y �?O�EP.T IiIt�1RICHS: Vacate the 10 foot drainage alid u ��i �I �i iy easeinc�i,�t i;liut 1�i es on Loi:s 5 and G; 131 ocl: 1, t3rookv�i ew Te��race 2nd Additions the �7me belny °�1 and 1U01 Rice Creek Terrace I�.E. Nr. Roberi; 1�inrichs v:as presc�nt. hir: Clar{; said �tha�t f�Tr. fiinrichs wan�:ed to make a double car garage out ofi a single car garag�, and he G��as limited by the space he I�as bet�ti�een his house and the 1 ot 1 i ne , and al so by a 5 i�oot easem�nt f.hat ru,ns a1 ong the Ea.st s i de of hi s property. �rhe staff advised hini ��:hat I�e needed to comp�l.ete his pro,ject. One being �:o requ�est a vacation of the easement and a positive atti±ude by �;h�� CounciT. ihe other tf�inq i�e had to do 1��as to request and ha��e approved, a variaiice to go within �;hree fee� af the lo�: li�ie. He subsequently made both requests� Tf�� Planning Com;nission ��;as heai�i ng i:he vacati on request at �.hi s rn�.eti ��g, and the vari ancc ti��i 11 go before tl�e Appea1s Coii�mission on August 1�, 1975. Ptr. Clark said that all �:he u�:ility comp<<nies {�ad been contacted, and none of them have any facilities in these�easements, and have all stated that they have no objection to.P�r. Hinrici�s �tart'ing construction duriny the ., time that i t; tukes ta go tl�rough �the vacation process . I-le sai d the reason hc a!a��`i� ; to start ahead of the vacation process was because b�� the time this c�aas compl�t�, w�- `� NJ1� I be into late fall or winter. • , , �;r � � � . ,� . Mr. Clark said the staff recommendation was that th� easement be vaca�ed, and �� the Planning Commission also recommend to Council th�t the peti�;ioner be allo�ved to encroach in this easemen± du►�ing �l;he time it tal:es ,to process the vaca�:ion �°eques.t. Mr. Qa��id Nari°is asl:ed ho�-r far the house on Lot 5 ��as away from the �property line. �k1r. Cl �rk sai d i t v�as about 30 feet, and . there was a huge oal: tree about hal f �vay to tf�e prop�ri;y 1 i ne. Mr. Harri s sai d then. i��e ��dou 1 d have no prob1 em of thi s garage bei n� too close to �the struci:ure an tf�e adjacent property. Mr. Clark said no, in fact th� adjace►�t proper�,y o�;fr�e�', t�ir. I-larding, had signed butll the vacation and variance request�. Mr. I��inricf� said he tried to buy some land from Mr. Harding and ��1r. Harding said he would ra�:her join in i:h�is request than sell any of his land. , ; Mr. Clark said he was going to const�ruct an 11 foot addition to his garage and �� behind that he was going to have a�storage building with a deck on top. Mr. Clark said as this was a two part �°ec�uest, part of which had to� go to the Appeals Coinmission, he felt that the Planniny Commission could give some,direction as to tiow they felt about the variance. � a . . a{,..� . � , 'P1anning Comm�ission f�eetinc�� Auc�iast 6, 1975 � 1 � � • ' , ' , , •Paqe 1B ' � � MOTTOIJ by L�av.id ll��zl�i.s, scr,anded hy llrigarzs, fh<zi� Lhe Plannii�q CatTUnission xeconuncrid to Cotincil �pp.rovaJ of the v�zc�:�tion r<�quesL, SAV 1/75-.10, by Rol�crt� llinriclis, to v�ir.�%Le •Lhe 10 fvot clrail��jqe ��nd ut-.ility casement vri l�t-s 5 and 6, B1ocJti �.Z, I3i-ooltvicw Te.z•s'acc_� ?.nd 11dd.ii:ion, thc� same beiny 9£3.1. a��d 1001 I2ic� Cz'eel; 7.'�rrace N.L„ bec�use ihere sec�ms . to bc� ��o coi�I�lict �ti�it:l� t1�c adjo.in.il�g ��r_oper.�t-� and wc� l��ve the cor�cuz�rence of Llze utilif-y comprariies �n<7 t:he adjo�.iainq nei�hl�aJ-, the C.ity a11o.w tl�c� ��croach��c��L- i:nto the cas�rrient whilc tl�c v��zc��tion r�cquest w�3s heing pror.esscd.. Upon a voice voi.e, ell voting at�e, tlie rnoi:.ion �arried uii�n_itnously. ' Cha i rman f-larri s to1 d the pet i t�i oner. �;hat i� woul d be up to the /1p�ea1 s Commi ss i on to act on �l:��c: variance r�ec�uest �;o flave th�e structure thrce feet from the lot l�ne, al thoi�gh the P1 anni ng Com�n i ssi on f�l t�:ha.t i:l�i s vroul d not be a prob�l em because of tf�e 1 oca �;i on o f the s l:r�«c Lure on the nexi; l ot. � 7. PUBLIC ffFP,f�T(�C{: R.EQUEST F0� A SPECUIL l7SE PER�1I1�, SP a-75-0�3, l3Y t�AEGf�LF OUiDGOK ----- -----------_---- ----------------------------- ----------�-----------_— ADVE�;�I�TSIi�(� CQ��iI�/',i�'i: To a�llo��J �:i�e ce�it�ir�u�tior-4 0� an exist�in� bil��l.zoar�d on L��; 7, [3�lack I, Rivcrv�i�;�i Heights, per Fridley �.ity Codc, Section `114.04-2, thc sam� . beinn 8150 Las� R�iver R�ac1. . Mr. Da.vi t� Ilarri s sa i d he -co��l dn't see openi ng �:he �Publ �i c Hear i ng o►� .eUch of i{�ese requests, even i�F they ��ere goii�g to be consiciered 111CI1\�1CIUully. He ihought all ihe requcs�;s for, Pdaeo�1e cou1d be openeci at once. The, o�L��er m��riUers agreed. . - 8. PUl3LIC H�ARTr;G: f;EQUEST FOR /1 Sf'ECIAL USL PCIZf�1I1-g SP n`75-C19, GY h��FGELE OUTQQOR ------------------------- — ____ ___—_— -------------- ADI!EIl��TS1i;u COi;f'r'�l�l': �o a.l.lo!•f �;he tor��;inuation�a�� art exis�:�ing bii�iboard on the . Wes�:e�°ly 500 fce'c of Lot l,� �uditor's Subd-ivisioi� fdo. f39, pe►° Fr��idley City Cod� Sect�i on 214. 04 2 5 thc same bc�;i ng 7201 Hi g{il�ray ; 65 (� . E. � . 9. PU6LIC IfE/;RIRG: F:�-QUrST FOR A SPLCIP,L. USF PFRt�tIT � �� ADUERT�ISIr�lG COti<ii'AP�_Y: To allot� the coni;inuai,ior� of Lots 20 �nd 21 ,[31ock 4; Hyde f�ai�4: Acldit�ion, per the same being G02� Univer'S"i �,y AVE'ilU� f�.L. � i , SP �;'75-10 � f3Y N/�EGELF OUTDOOR a.n existing Uillboard bet�v2en Fridley City Code, Section 214.042, 10. PU[�LIC I,EARI�lG: R[=QUEST FOR A SPFCIF,L IfSE PERf��IT, SP tF75-'ll , BY hlAEGELE OUTDOQR ADVCRTISI(��G CO��iI��,�;1`: To alla��J the, contiriu�tion o�F an existing billboard on l_ot 2, �Auditor's Subdivis�ion No. 78, per Frid1ey City Code, Section 214.042, the same beinn 52 - I.694. . � • 11 . PUF31 _TC_ I�E/1RING_:_i RE-C1�U�_ST FOR_A SPECIAL USE PERMIT, SP ;r`75-12, QY NREGELF OUTDOOR '� ADULRI:?_SIN(; COP�iPA�,": -fo allo��a i;he continuation of ai� existi►i� billboard on Loi; 2, . Audi t.or' s Subcii ��i ; i o�� «o. 78, per Fri dl ey Ci ty Coc1e, Secti on 204.042, the same being 93 - I.694. �. � � I � � 12. PUQI.IC HEI1RIf�G: R[QUi_ST_FOR A SP�CIAL USE PERt�iIT, Sf' ,a%75-13, [iY NAEGELE ,, OUT�OOi2 �,UVI=R�I I S I fdG COi�i{';'�NY : jo per�ni t�:he conti t�uat�i on of an cxi s1;i ng bi 11 boa�� 1 ocatc�ci on Parccl :000, i n the �dW Quarter of the NtJ Quarter, except the North 1G.G llc:res, of Sect:ion 2, T-30, R-24, per Fridley City Code, Section 214.842, the san�e being 8410 University Avenue N.E. - 13. PU[3LIC HFIIRING: REQUFST FOR /1 SPFCl/1L USE PERP1IT, S7 #75-14, i3Y NAEGEI_E OUTDOOR �/l[)Ul=1�TISIN(a C0��1'/1NY: To permit ihe coi�tin«atian of an exis�:ing billboard on Lot 18, Revisecf �uditoi�'s Subciivision No,. 77, per Fridley Ci1;y Gode, Section 21�.042, 1;}�e saii�e Uri ng 7357 East River Road N�. E. � ,' � , � � ' , � � , ' � ' ' � ' � � ' ' � Planni��c� Commi_�s�ion t�lcetin _�_/luc�ust 6, 197 � Paqe 19 7R 1�. PUCL�TC IiI�/IRT�!(�: RFQUEST I-OR /1 SPEC1/1L USE� P�Rf�1TT, SP �t75-15, [3Y NAEGELE= OUTDUOIZ -------- --___ _------ --- -- --�_ .�—,..-- ---------------- AUUI-:RTI:SI��G CO��I'11NY: �To �perniit i:P�e ccanti��aa�;ion of' �n �xisi.ir�c� b�l�iboard on Lc��s 1-3, f3lock 9, I1u�niiton's /lddition to ��ccl�anicsville, per Fridlcy City Code, . Seci�ion 2�14.0�'+?_, the same Uciny 5�52 7th Street I�d.E. ' � . 15. {'Uf�l IC H�ARI��<(; REQU�S�f f"OR A SPLCl/1L USE Pf_R►�i1T, SP ��75-1 G, QY� NAGGFLE OUTDQ012 — - -.. --- — -- -- — _ —_— ___ ----.��-- ----- ----- ---- ----- A!)1�Cil�l�I SI1�G C�� i�'i;�l'� :�o ��cr°mi t�.he cor�ti nua t�ion of an exi si, ing bi l l boarcl on Lot 4, — - - -------- --_ __ . _----- ' l�udit��'s Subdiv-ision I�do. 155, per Fridley C�i�:y Code, Sect�ion 21�-.0�2, tl�e same be�ing 55U1 7-f;h Stt,c�et N.E. � � . AiOTIOId`b�T Sc<'�t:t, secon�3�d h� D�lvid .11a�°r.is, that t1�e P1��nnin� Commission opc.n the Piibl.ic IIe�lrinqs ol� t.l.� r�qucsts for S��cc.i�zJ Use Per_n�.its, SP ;,75-Of3, 5P /f7`i-09, SP �175-ZU, S}' 1r75-1J., SP ;{75-.Z?, S.� �I15-Z3, Sz' (f75-1_�, SP !/75-15.. SP �{75-].G, by I�aeqeZe Outcloor Isdvcrtisirt� Com��n?�. Upon a voice voi:e, a11_ voting aye, C'ha.irman Ilar_ris , decl.arc�d ti�e Public Nc��ring ol�an at 9:59 P.i✓. . Cha�irin«n flarris �eclareci u�I� m�inute recess at lO:OQ P.r10 anci recon��en��.the �Planniny Cor,n�issian rn�eiir�y a�; 10:10 P.h1. � _ h1r. Cl �rk sai d that fYir. Steven O1 son �:as presen t, df1CI I1G l�ras th� S�Caff p��rson tvho lias be�ri G;�orkinj ��ri�:h the-sign con�panies and G��hen i.i�cy stari;e� the �discussion on the -i ndi v�i dual s i gns , he vaoal d ar-isvrer for the staf i. , (�1r. Cl ark sai d the Special Use Permi t reoui rPinent for b�i 11 hoaf°ds started back in 1969 ��f��en the present sign ordinance was adopted. This ordinanc� gave them until September l �; 197� to ei t;�er ren��ve .the b�i 11 boards or get appraval i�or a Speci al Use Pet��a��it. �This I��as been discussed many tirnes, and th` last discussion was at a full study sessio,� of th� City Counc�il abot�t s�ix i��e�ks ac�o. At tha� i�iii�e, the discussio�� •!us 4-J1 �Il tl�e s�i gn com;�a�;y' r~epresentati v�s ai�d th�� Ci ty Counci l. A�t �h��i s mee�ti ng �hey di scusseci -the var�i o��s G,�ays tha�t tf�e Ci ty coul � I�a»dl e�i:hese reqves�Ls for Spec�i al Use Permits. Wi�th legal counsel present, it ��ras decided that they �-�ould not have to get �farfances for example, t��here the sign.did n�t meet thc criteria as set forth in the ordinancc, and tl�ey ►�,�ould not ha,�e to asl< for rezoning, if the zoning as it exists, di d not nleet tl�e zoni nq requi re�llents of the oi�di nance . It aaas �iel t that they avere legal non-confo�°ming- uses, in �;f�e fact thai: �they exist ��rhere they are now located on lancf as it was now zoned. 1-le s�id he dTdn't beli�ve the Council statec� «hai: reco»>menda �i on they. v��ou1 d ma4:e oi-� tliese S�?^ci al Use �et�»ii ts , because tl�iat t�roul d hnve been out ofi order, but they did direct the SlC]Il C01111)�J11P_S to maE;e application for Specia1 Use Permits. They also directed �:he City s�tafi to discuss ��rith tl��e sign compani es , the struct�.��°e of the si gns , the 1 ocati on o�` the. s i gns and ��ahi ch ones tliey �voul d��la��L to ma4:e requests for and whi ch ones they woul d Le ��i 11 i ng to take dawn at this tii,��. There were 17 bil1boards s�x weel:s ago. Since that t�me one has been taken do�,�ln t�y Georc;e� Is Ir� Fi°idley. There are tG��o oi;her billboards that have either been taE:en down .or will be t�l;en down. We have heard from staff peopl�eand other Com«ii �;fi.c<� peopl e,. 1 ots of pros a��d cons on tl�ese bi 11 Uaards . Tliese i;ypes a�f ccmmen�;s should bc continued in the p►�ocessincl of the Special. Use Pe�°mits for billboards. The Planning Commission has copies oF a staff report fl�om P�tr. Dick Sobiech, Public Works Di rector, F�rhi ch i ncl udcs connnents on el imi nati ng son�e of the bi 11 boards, exl:endi ng some of them for a certain length of tiine, i;o be loo4:ed at and si:udied again. It a1so mentions �r.hat if the land i;hey si:and on was developeci, �;he billboards would have i:o cotne down. Mr. Clark said it was his observation in�check�ng the location of the exi stir�g bi l l boards , tf�at al l but five ar si x of -th�se bi l i boards t�ti l l event��al ly come down clue to develo��inent in the coming years. If the Special Use Pc�rmits are ap�roved wi�h this stipulai`ion', he i;hougf�t i:ha�t over a period of time, s�y ten ycai°s, there would oi�ly be fTVC t�ill.boards left in tiie City, and these could be �here indefinit;e1y. tie said tliaL Si:eve.Olso» was ready to discuss any pertinent data tf�at the ('lanning • ,�.;R: ":y ..... � � ' � ' � � � � � r � � � LJ � ' 1: ' Planning Corn�,�iission Meeting - August G, 1975 Commissior� m��y w�ish to havc. Pagc 20 7S Mr. Drig�i�s said that c�n March 13, 1974 wl�en the Planriing Conuniss�ian and Qoard of /1p��eals had a joint mee�;�ing, we also had in attendance lega1 counsel. T� was stai:ed then that there t,ras cJoii�� to be a need ror variances, a1ong va�i�tfi the S�ecia1 Use Permit: He asked ��h�. C1ark hoi>� the Council d�termined �i:hat ti�ese ►°equests for Speci a.1 Use Permi ts no 1 onger needed ��ari ances and ��onde��eci i�= thi s��aas i nput frorn the pet�itione7,s. h1r. Clar'r, said he 4•rasn't at i;hat meeting, b��t l�e v�ould guess tf�at vahen•the Ci1:y Attorney mad� that determination5 he m��st have c6ianged his mind, or rece�ived ne��d dai;a, that; al�tered his op�inion. IYir. Drigans sa�id the Planning Com�»�is�-ion had been c�oing along for almos� a year and a half askin� ho�� vr� vr�re gni►ig to ha►�dle the ��ezon�ir�g ar�d var�i�nces v�hen i:ti�e requests far Sp�cial Use Permits camu in, and h�:d ��e 4t�io�a�� then ,�tf�at al1 �hey r�qui red ti��as a Spec�i al Use PGr��;�i 1:, t�ae caul d 4,�ave di sposed ofi �r�ese requests last year. f�r. C1 a.r{: sai d that a deci si on ��o��l d not h� ��e to be made on the Spc c-i zl Use Permi ts a�: t}�is rne��t-ir�g. 7hese bi�llboards a.r� alreudy �xisting, so by continuiny �:�es� � req�esi.s they ��ou�}c i�ot: b^ delaying the petitioti�er. This t�,�ould give tl�e Plar,��ing Com;niss�ion ti�r�� to get more iripui; froiTl s�aTf or lec�al �counsel, or ��tha�;eve�� tP�e Plar��7rig CU111i171SS10p woul d �vant. ' � f�1r. Si>e��en O1 son sa�i d tiii s matte�� fas put at f�ii s di s�osa.l sometime �i n i�7arc1� , so ' he !-�as not fanii 1 i a�° wi t:h pr.� or ai sc�!ssi ons , but 1 il ans�,�er to r1r. Dri c�ans qttesti�o�� , he sa�id f�e had contacted the sign co��an�ies by letter and i:a1d them they had to ma.ke application for�Sp�cial Use I'ermiis, unJ this s�tarte� ihem on the wa,y. Iie said tha� � P1r.. Cl�aig Lofq�4�ist, a representu�ti��e oi tvaegele Ou�door• Acivert�ising Campany tvas apprel�e�;sive abou�t: the variances at�ci Y`EZO�lli1g r,l�a�t wauld be. �ccessary beioi�e � S�ecia� ' Use Peri��it covld be cons�ide��eci, and he was the on�e ��,��a requcs'ced a meet�ng �Jiih the Cit�� Cou�}c'il. Mr. 01son s�i.d he. had attended tf��is Courlci1 ��,�orE:shc�p mecting,•along witfi Dicl: Sobiech and Uirnil f-lerrick; L`Il� .C1t�/ P,ttorney. I-le said that at that tirne, a d��Lermination was made that the existing billboarcis ��e��e a non-conforming use and would only need �;he..Special Use Permit. - , Ni►�. Drigar�s sai d thi s d� d not ansti�er � hi s questi on an ��;hat made �;he Ci ty Attori�ey change •I�i s mi r�d. � . . � Mr. Clar(: said he did not know ��rhy he chanc�ed his mind, Uut he I:tie�-� that attorn�ys coul d fi nd several ways �;o i n�;erpret a 1 al�r, and to be honest i f every bi 11 board f�arl to have a��ari ai�ce a��d rec;uest rezon � ng an just the proCierty ��,�here the bi 11 I�oard 4-yas located, �:his �•�ould have beeii very un��ieldy. H� sa�id he was sure 1;hat �:I�e Council would not want to be put in the posi�t�ion of rezoninc� small pieces of land for �:hese kiillhoards, so th�is could have b�en part of tl�e cic�terminat�ion. 7i�e attorney may h��ve fel �; that as 1 on� as the b�i 11 boards al r�acly exi st, and exi sted before ti�ie ordinance was passed, this would ma{<e .theti�� a legal non-con-ior��ring use, �ut they would still have to apply �for a S�ecial Use Pei�mit, because this t�ras. what the Code said. . Mr. Drigan� said the point ��as that these were non-conforming, and v�re have just gone through tl�is with the Frontier Club, on ho�� long a iion-conforminy use should be in existence, a►id the courts h�ve ru1Gd how lon� a non-co��fori��itiig use could k�e in existemce. 7fle caurts have ruled tliat the in�:eni:. of a non-conforming use should expire at some point in t�ime. Mr. Clark said he thouc�ht that was in qick Sob�iech's meino on the Frontier Club and was not a court cfecision. P1r. Drigans said �:hcy did receive mat:erial frc�m i:he City �lttorney,�and tl�ere were rulings by ti�e courts not to string 1:his ou� �for �,� inclefini�:e period of tirne. � �...� � , ' � ., � . ' � � ' l_� � C� ' � ' � � � ' ' f'lannin�_. Con�r�rission tfee�inc�� !1u u_st G, 1975 -- __- �_ �'��?� . 7 T Mr. C1ark. said i�e probably agrecd vai�;h i:i�c �tatemen�;, but he felt the way � I�fr. Dr�igans G-ras interpreting it tivas not corrcct. bJhen yc�u zone saniething differeni: from wliat i�t ��fas bei nc� used for i t��as becau�-.e yau fee1 that over a reasonabl e peri od �i' time, ei the�° by casu�al ty i t G-,�oul d c1i sap}�c3.,r> or 1�he surroundi n,c� area chanc�es i ts use, maki�ig. the ot:her use unfcas�ible. Ile did not believe �:liere was a�la�-��tha�t said a lcya�l nor�-cor�fiorcn7ng use must coiuply ��r�ithin a specific lerigth of tirne. Ile sa�i�i it �-ras r�casonahle i:o assu�l,e that sooner or later ii ��ould, jusi: through nai.ural causcs. He sa�id ihat in our o��:�r� Code, ii: says that a lcgal non-co��forrning use cannoi; chanc�e i1;s size or its use, b�ci, it can ex�isi; as lon� as it ti�Y�as there. . ��1r. Dayid liarr-is said t��at he �-aas on the Council at tl�e t�ime �the Sign Ordir�at�ce ►�ras passcci covering thc� public I�e�rin� r'eq«ircme�its for this ordinance. At tha� time �:he Subcom�r�ittees oi� �tlie Planniric� Con�,n�ission ��r�re Streei:s ancl Uf;i�lii�;es; Parks & Recreati on , f'1 a �;s & Subdi vi s i on �, an.cl [3oai�d o i 1lppea�i s. I t�-.��is no � fel t tl�at any of �.liese s�bco��n�i ttees G-�er� rel ated i n any�-��ay �l;o tf�e bi 11 h_�ards , so tl�at �•�as ��af�y if�e Pla►�nii�g C�i�l�11SS10l1 ��,�as cl�oseri i:a hold tf.e P�!blic Hcarings. H� sa.id that in Y'�V"{�4•d't11s the h�istorl of t��e siqrT orditiance and seein� �:ha� 4�;e no.R, liuve a restruci.ure oi t.h� P1ann�iny Co��mision, �vh-icf� c;oes em; oti�:er certain Com,�iissio��s to repc�rt to the Plan,iincr, Con�:nission r�ela��v� i;o aesthet�ics a.nd relai;�iv� '�o �:a!r��nu�i�ii:y L;.��iei+;��i�eni;. i-ie i;l��ourl�c thE ordi r�ar�ce s{io« I d be c}��,g�d b�cause �i f; ��<<as no� C0111)7.u1�11�� v��i tf� L-P�e . developm�n t; process no�:t assicned �Lo tf�e ir�div�idua1 meil�bers of tf�e �Plai��ing Co;��m�ission. f�e thoi4gl�t the Coui�ci1 shoi�ld consicier an ord-inance cP�a.ng� tfia�; v��o.�ld bring th�is ii;em to the Com�nur��ity Developm�nt Com;nission prior to eci;nir�g to itie Pl�nning Cc;ni,nissio��. Th� P1anning Co;r,mission ��rc�uld p;�obab1y not have to hold a p�iblic hearin�, but just re��ie�,r �:he recomm4ndation aF i:he Commun�ity Deve1opi��er7�t Commiss�ion, for approval. Cl�airrr,an !-(arr�is said that�Tit�. David E�arris r,�ay :be righ� under the present structure, but as it i;�a.s no�,� over 10 montf�s since �th�se Special Use Permits should have been hea��d, �;he ('lanning Co�»,nission sfio�u�ld have been hold�in� Public Hearings over a ycar ago. He said it �-aas p�°obably�true that �;he s�ion �ordinar�ce should be re�,rritten, a��d in tiij��e thc� P1 a��ning Con„i�i ssi on ��roul cS have� so�»e recom�nenciations �;o r�ass on to t�i° Ci ty Counci l, but tivc no4v have to ci�'�orcc . thc erdi►�ai�c� �As �i t was at the pt~esent t�m�. h{e said that because ti�ese hearings l�deY'E.' �ioi�r a year lut�, i-t ��as time for tl�e ('lanniny Commission ana Cou�nci�! to..o,uit s�a11ing and gct inoving on these req��sts. bJe should either enforce the ord-inance or repeal it. Mr. David Harris said it t�asn't that he didi�'t feel t�re should carry ou►° i°esponsi- bility> but i:hat he f=elt the Planning CommTSSioi� vras being asi:ed to revietv some�hing that the Cammunity Developmcnt Con:,nission sho«ld ha��e bcen charg�d v,�ith in rEgard �:� aesthetics. He said tl�at �;he� billl�oard companies weren't •ti,�aitinc� to construct tl��ese Ui 11 boards ; they were al ready i n ex i s�ence . I�e sa i d we I;r7ew ti�at tl�ey t�rere ��e11 e�iougl� cor�structed so tV��e�r v�eren't: going t� i=al1 do��►n. He said ti�at �if a S�ecial Use Permit was granted, i;hese: billboards ��ould con��inue to exis�, and he thought �he thi ng to do uloul d be .�:o ask the Counci 1 to revi ew i:he ordi nance to see how thi s thi ng - ti,�as p��ssed to the Plannin.y Co�nmission. F�� said they were virl:uall,y asking thc Planning Con�mission �to take care of variances here, before it appears be�ore the Appeals Conm�ission. . . . Chairn�an Harris said the Planning Coinmission wasn't being asked for a recommenda�ion on any vai�iances. , • P4r. Clat�k said that if the Planning Comil�ission wanted to send this'down to any of the Can�ti�issions .for review, it ��as cer tainly in. thei�� jurisdict��an to. do so. � ,' � � ' � r LJ , � Planninc� Commissiori M�etin2 �l1��c�ust C, 1975 � . �_ �I'aye 22 - Ch��irman Harris said that i�f this was c�oing to be sent to an,y Commissions under the P1arinir�y Comm�ission, i t��rould pr�ol.�abl,y have to go i;o t�lo or tl�ree. These wo«ld be Co;ninunity Dev4lopmc��t, Lnvirc>nnici�tal Com�nission, and maybe the� H�!n�an �esoui�ces Cornmiss�ion. • . Mr. La��yenfeld sa�id the Environmental Quality Comm�ission, somet;ime in the past:, he coulcin'�: ren�e��,ber the specific date, had been asked by I�im �:o r�eview the sign ordi na ncc �i n re1 ation ta b�i 11 boards . He had suggested i:hat: 1;he bi 11I.�aards then i n exist�,nce should be sC��cad .out among the membcrsf�i��, 4�rith each member checking �ri three or fo�ir billl_,oar,ds and each making their ov�n environmenta1 ass�ssment. Ife said• tf�at i;his idea �•��as not G�Jelcon��d, and he v;�ould say �Ll�i�zt as �far as the Commission at tha�l: 1;�iinc, t{�e sign orciinance just faded av�ay. Mr. L�indbla.d said that he �,ras on �Lhe C�I11111Unitj! D�1!��OpI11G11� COi1111115S10t1, and this Comm�issic�n had o�ilS� 111Gt: tl�rice. Iie sa�id they had cons�idered �tl�eir goUls and objectives a.t just one nieeting5 anci th� sign ordinance did con�2 up.� The coiiserisus tivas that they ��rer�e yoing �to ha�� recc��m�nc�ations on .all sians -in general, no�t just billboards, and there 4Jere som� strong feel inys on i:his ma��c�r. � ��1r. David H�rr�is said this t��s part pnd parc�l of his -L-hinking. ldhen h� i�ei'crred to b�llboards, he ��aasn't only_referrinc� to thi� typ2 of sign, bu�; oth�r signs as v�ell. He said t.ha.t you just had to lao4: at partic�1ar sV�opping centers i;o see liow n�uch had to be done on the siqn ordinance. He said th�y all fall �inLo the sign ordinai�ce . requi i��ments as i ar as sa,uare footaye, but no =recomn�endati an was n�ade as to ti�e appearance o�f these signs or hoti�r they �-rould b?end in G�rith existiny signs. He sa�td standards sha�ld be se�L for appearances as u,�ell as squa�� footage. � P�r. �i)aVid f-1arr�is said i�e G�rould suggest tha�: �the P1anning Commission close the �Publ i c H�ari t�ys a►�d refer i;f�i s mati.er to th� Con�:�unfty �evel opment Commi ss i on . He . �vould also request ��ha�t; thc staff asi: th� Coui�cil� to reviet�a the provisions of 1:f�` � si gn ordi nance, so tha.t i t was not operati iig �!nder the same condi t�i ons we had ��:f�en ' �it was e��acted in 1969. He said 1;he nrdinance should be brought up to date to �reet the .cliarge of the ne4ti� P��t"1117t1� C0111i111SS1011. Mr. Cla��k said he didn`z think we had to chan�e tl�e process of the Special Use PeE,�»it on billk�oards, bc,cause �A1V�at the ordinance� said ��as alright. If the Planniny Con;nii ssion tvani:ed to adopi; a pal i cy that these or any other Speci al Use Per��i ts havi ng to do tvith 'billboarcis' go to other Commissions that ir�as �Fine. He said it asas pc,s�ible that these various subconimissions v�ould set up policies that could �e.used by the Planninc� Co!rmission at a la(:er da�;e, so it may be unnecessary for these to go back�to a SuLcommiss�ion. This may be a little preinature to think about chai�ging the sign ordinance until we have experienced what we �,�ere going to e>:perience under the new prog��a��}. � Mr. Drigans�said it: �lould be a long process ta chai�ge the sig�} ordinaiice, and he d�dn't know if they would �e changing the sectio� that rela�tes to billboat°ds or advertisiri� signs. l�Je I��ave recommended a crif:eria �vhich ��e �vould usc in judging the existing billboards. There arere ceri:ain thin�s in the sign ordinance ��f�ich do need changing. He said tha�: tl�ere had been input from the Subcommii:tces and from the Council; and he �couldn't see any reason for delaying at this time. l�Je should,dispose of them and send the►» al or�g to Counci 1. � -h1r. Scott sai d� he thouqht i t ivas the purpose of.� reorgani zai:i.ng the P1 anni ng Con�niissio.n �:o facilii;ate the process,' and this he has done. He said this had already been discussed at the�ir� Gommission meetin�, and the rea�ori he was laie for this tneeting t4as because he stop{�cd to get i np�.it fi°om 1:he Chamber of Coirnuerce, w1�o .were havi ng a -,,,�.�... �.... , � M � � � � Plannin� C�mmission t�ieetin �/1uc�ust 6 1975 � Paqe 23 . � V �_..�1,_- --- �____.__ _—� __ . Z __.—�,. mcetiny earlier tl1is ev��ning, and he ��ras ready to pass on his inp�� and was prer�ared to.aci: an the�e requesi;s. • • • Mr. I_ar�qeni�elci s��i�i he didn't �:hink �:he Envi��onmental Con�mission vuauld object to revi e��ri ng i:he bi 11 boards , but he ti�fas fearful that i;hi s woul d turn i nto a"pi ng- pong b��.11" type of sit:u�ition, 1nd the Planning Conimissior� vdould still have to make the f1na�1 r�connnendGi:�ir�n to t:he Councii �ariy��ray, sc�. vre might just as well keep it at thc� f'lannir�g Can�,�ission level or we would s�;ill be a�; this next year. Ch� i rman i�ari��i s sai d�i�ere �•��us another poi nt i n,•�►.�i ch 1 ack af acti on by the City, raf�ere a sti�}ulat�io� couTd have been p«t on a Special Use Permit about damaged signs i�oG beir�g a11o��!cc1 to be rebuilt, could have eliminated one bili�board, vrhic!� f�iad just I:�ecn rebu i l c. fir, Olson sa�id �that if N�r�. Richard I�arris v�a�a referring to a sign which had been bl o�rdn dc�, �n y�;hi s t�,as a tG�ro faced si yn , as onl,y p�r�: oi i t b1 e��a dovrn , i t��:�as deterrni ncd th�i. i i: ��a.si�' �t over 50;o d�str��yed. �le said tha�t ezt the time �thi s sign v,+as repai red, he cau��ic,,ed tl�e s}�n co�n�any tha�L i-F the request i�or• a Speci�l Use Perniit 4��as deni�d this si�i� 4-,�o��ld hu�� to come do��n. • h;r. C1 ark sz i � h� thought t}�at �:ha'c i�ae needed Gti�as some cl ari fi cati on on ��Jhe�� a sia�� could tae ��epa�ii�eci a.nc! �•�hen it could not, l�Je would.l�ave to krio��r ��rhat constituted enough darnag� so �:I�e s�i c�n could not be rebui 1 t. Mr. t_angenfeld said {�e �Il0UJI1L they ��ould be consicsering each sign ta see ho�v ihey met tlle reo,uirerr��r�ts of th� sign or�dinance. h9r. Craig Lofq;�ist. said tha�t he didn`t think any of these billboards met all. �the rec�ui rc�m�llts of Lhe si or.. orcli nance. Nr. O1 soiz sai d he woul d veri fy th�t not one . oi' the 1�� b�i 11 boarc;s rcc�ues ti ng a Speci al Use Perir�i t m°t al 1�;he requi rements of the Code. � . � � i i � , h1��. Dav-i d Har�°i s sa i d that: �i t uras .because of al l the questi ons rai sed at thi s meetin� that I�e sugcested passing this on ta the �Cotnmunity Qevelop7neni Commission, . and the staterient tha'c vJas jus�: made that none of these bil7boards met all of the Code rec�uirem�nts indicated Lo hi�m that these r�quest should be reviewed. �ir. Clark s�id that one observation should be made. and that was that slowly these I�illboards t��ere being moved out of the City. � As he had s�;ated earlier, a1: some po�int in tin�e, v,�e shoul�i only' have 5 billboards le�=t in �:he City. Ne said that if i;he P�dt111111� COI111111SS'1011 and the COUIICI� Y'�'COIllI11C11CIeCI approval of these Special Use Pern�its with the stipulai;ion thut t^aher� the property arotand them ��as developed, they woulc( hac�e i:o be removeci. Yo.0 can deny them all, you�can appr.ove them all, you can deny. soiT�e, anc� a�prove some, with s�ipula�;ions, or you could t,►ait until they continue todissolve tl�emsel��es out of i:l�e City, and then take the bull uy tne horns so to speak, when there are only 5 or 6 billhoards left in the City, and eliminate these, instead of ��,�here therc were 14. tde I<no�v that if titi�e deny all these Special Use Pe�°m�its,.we have heai�d that we would be in court. We don't kno��r this, but this was wha�; ti�e have f�card. Chairman I�arris said that in �deference to Mr. David Harris, the Council in � their ��risdom in 19G9, passed an ordinance tha� said that by Sep�;ember 1�, 19�4, a billboard shall cither be removed or have a S}�ecial �Use Permit, and his posit'ion on this, for over t�vo ��ears, has been that 4��e either enforce this ordinance or repeal it. Ile said that he was ac�ainst putting la�vs on the books and just letting i;hem sit �. there, or use them indiscrin��inately. � , . . � .�.r'T"' �■■r '� �J � � , � � � � , ' ' � . . . � ti� Plannin� Commissican Meeting_��lucusi: fi, 1975 Page 24 � � __- _�._ .�. �-�- . A �� P1r. Scot:i, said l;he I'lanning Commissi�n did have a memorandum firom Mr. Sobiech � ; ' which s�ys thai; the City aclm�inistration t-ras recommenciir�y that these Special Use Perm�its be gran�te�d. � � � � (�r. � Dr•i c�ar�� s �i d he 4•�ar�ted to refer to a statement i n thi s mor� orandum l,�h i cli < staies, "Af�er ci�iscussian r�ith t;he Ci�Ly Attor►�ey, it t,�as detern�ined the zoninq and ; variance� froin Sc�c�:�ion Z1�.012 v�hich exist �^fith the existing adveri:ising si�ns, ` vrould �lso I�e lec�al non-con�forniing since tf��y were in�existence prior to tl�e ; adoptic�t� or -r:n� s�iyn o��linar�ce." 1ie s��id that he interpreis this state►nent to «�ean tI}a1; aii,y ��xistir�g s�ign do.�s not have to conform to i;hat scction. He said tha�L if }�ou 1 ook at tl�at secti on o� tl�e code, i t; �das _a very i mportant secti on . I1; covers the max�imum hei r;�t, fihc si �n ��rea, the d�i s �ancc bctl�rcen si gns, �the setbacE;s s and covers �i;he di s-canre fro;n s tr�et i ntersecti ons . He sai d i:.E�e si gn con�pani es �-rere com i ng up ��i �:h i nno��a�t-i o��s al � i:he i;�ime, and ��ii �I��out contiro1 oi any of these thi nc�s on tl�ese bi 11 I�oarc!s , ti-:c da,�' � kn��.� �-,�l�a�� -re t•�� 11 ha��e. He tho�ghi, the C�i ty E�i;toi°ney shoul d do a 1 i ttl e rnore reseU��ci� on tiiat one s�ct�i on to dr�iermi ne . i f ihi s was a grand+ ather cla��se ot� rlot. f1e repeated �ch1t this was a ver,y inipartant section. lhere ��ras nc�th�ing ther�e to sto�� an adver°ti��ing company from enlarying. the sign area. Tf-�e sign ��as '. a1reac�y �r�er�; Lu� ::� �L!��ey don'1; have to co�r�ply to �l�at sectio�� of �he ol�dinance, ' the panel s pu t. on tf �ese bi 1�l f�oards cou l d he ai�y s i ze . • . ; , i P1r. O1 srn sai ci �t:haf: exce�t. for the bi 11 boards that got speci al Lfse Permi ts 1970 9 d I 7 �Iln oi;her bi 11 boards t�aere bui 1 i: b�fore 1 �69, so i t v,oul d seem that you could go bacl: to �he criginai sign permit to deter7�ine the spec�irication on the at the �cirn� t;l��e si g�� perin�i t was i ssued. � in sign PY1r. David Eiarris sa_id that in loo4:�ing over the ordinance, it ��rould seem that the Plann'in� Co.�,;��ission had no other choice ��ut to a.pprove thci�� al�, or deny them all�. Ho��a a.��e you �oing to s�,y tha�; you are going to approve one that ��ras �97 feet at-ray from a resideniiu1 are�5 vahicl� �vaas non-con-forn�ing accor�ding to the ordinance, and then deny one that �-aas 4Q3 i�c�t: a�-,�ay from a resi denti al .arca. I�lhere �ti�oul d you make the jud�err,�nt. Ii� you a�prc��e one o-i the sic}ns �:hat doesn't meet the code, he didn't see hov� yoi� co«ld d�ny another one, beca�!se i�t doesn't n�eet the code. There has �;o be so�r,� coi�sist�pry �+� �� ,��inistration. � Lde.cannot be capricious. If we approve o��e, ��de approvc �Ll�em al l, i f vre deny one�, ��e deny thcm al l. P�1r. l_angenfeld said tlien the decision before t{�e P1anning Commission vaas to grant or not to c�rant thes� Special Use Permits. Chair�ran I-larf°is said he tl�ougl��: ii ►�as a liitle more than tha�. He sa�id he could see Mr. David !{ai�ris' po�in�:. 6de can grant a Special Use Permit, bu�t along with this ��,�e can atiach st�ipu�la�:ions, and lie didn't �:hink there was anyway that the PYanning Con,�nission could �limina�;e 14 signs to�noi,ro�-r. This was unrealistic.. Hot��ever, the Pl'anning Con��}n�ssion can si.ipt�late a�i �:he Special Use Permit such things as maintenance, rebuild�inq in case of damage, putting in a percentaye figure. Mr. Lanc�eni�eld said he felt the Special Use Permit was a powerful perii�it, and ' if �ve follo�ved the tl�ings necessary to have one approved, this wou1d help in making our determinai:ion. Ne said i;hat inconsi'stency would no�: be grounds for denying a � S{?ecial Use Pei°mit, but by pinpoint.ing tY�e defects of each siyn ��ith ti�e stipulations, ' we woi�ld have consistcn�cy. Cf�airman Harris said thi,s •was t�hy he fel� each sign had to be'considered individually. � � �� Mr. Langenfel d sai d he di dn' t i'ecl tf�at tl�i s woul d confl i ct ti��i th any other o►°di n�tnce because i f the s�:i ��ul ati ons of a Speci al Use Penni t were vi ol ated, then -�:-� ,� - I � �� I , � . ' ' ('lanninr _Comniission P=�cr�t;inc�� 11��,�us�t 6, 1975 � Paye 25 �%}( • this wou1ci be �art of thc process of eliminating t�he billboards. Mr. Qav�i d i-larr�i s sai d that i n i:he Publ i c l�lorks Di rector' s memo fie menti ons t�ro sti pul ati on� : (1 ) Whc�never a 1 ot �i s devcl o��cd and an adverti s i ny• s i gn i s 1 ocated upon it, i�hat siyn arill be removed. (2) bJl�enever an acivertisi��g ,siyn is des�;roycd or damaged b.y a�� act o � natu re , v�-�ndal i sm oi° other means , i:hi s s i gn c�nnot t�e re�ai red or rebu�i 1 t and ��ti 11 ha��e �:o be rcmoved. hir. Harri s sai d he di dn' �; kno�-d vrha�: other i�asis you t-rould have for renioval, because you certainly couldn't L�ase the removal on �:he orcl i r�ance, uecause �ve ar•e i nconsi steni: ��ri th the ord i n�ance ri gt�t now, i n t1��zt none of.the bi�llboarcis m�et all ti�e requiremcnts of the Code. h4r. La��e��nfeld said he didn't think there wer�e enou�h facts here to base a denial on, so the siipu1atioi�s rro��ld be sub-arti'cles of the e,�:��nance. � r�1r. Drigans as4;�:ci I�ir.David llarris rJI1d� tI1� intent of the Council i�ad been �-;Izer� �;�ey gave t{��e slgn cc�llp:�i��ies fi�� yGars to a��ply for a Special Use Pe"rrnit. I-le 4vondered why tl-rey jus t di cfn' 1; mal:e �;heii� non-con i or�ii ng v;hen the sigi� ardi nance ��,��nt i n�;o e��fect, so ihey haa to Uppl�� for Speci��l Use Perrnits r�i�,��t away. h�r. Drig•�ns sa�id he fc1�t the intent of 'che .Co��icil ��ras i.o allo��d thc�m �t�ii7�e to �mortize ti�� existing sigti�s. �Mr. Da��i c1 Harri s sai d he- tho�c�ht that �,:as a reusonab�i e assumpti on.. f�1r. Dri gans sai d thai; i-� thi s vfas tne i nter��c, then hc di dn't s�e fio�v the Ci ty /�ttorney coul d say they G��ere grand i atf�erecf i n, �ti�hen they ��e��e yi v�i� fi ��e y.ears �co amor��i ze these �si gils . Mr. C1ark said tl�e Couticil %elt that if the sign cor�lpanies vaantcd to continue' their signs after fi��e years, they vaould ha��e to obtain a Special Use Pern;it. f�ir. C1ark said u,�e had' a��-ticipated that they �-rould need var�iunces and rezoning. The City Attorney, �in researchir�g this, nas .sa�id tha�l t�iey are legal non-conforming uses and only need a Special lSse P�rniit. i`9r., Drigans said ��ae oti�1y have D1r. Sobi�ch's 4�aord, �ecause �Lhere ��as no ca<<�n�unicat,ion direci:ly �from the City Attorney, so �ve realiy don't have a legal opinion. . � � Mr. Olson said that Nr. Sob�iecf� sei�t a co}�y of this �77emorandum to t�ir. Herrick. Chairman Fiarris said that t-�ithout a respo��se? this was nat a legal opinion. _� Mr. Scott sai d'chz�; hi s Commi ss i on i�el �; that peo�l e do change tf�ei r mi nds . He . said that a1tho�gh these billbo�,r�s have be�n �n Fridley for a long time, the peop1e he had input fl"O1Tl, feel that tliey vaere no longer desi�rable, and it was felt �:f�at the '. option sl�ould be there to improve our environmeni:. P1e should not be blocked into laws • that tvere there, for eternity. . . ' CJ ' � ' Mr. Lindblad said he had been involved in hashing�this thing out for over a year and he ag��eed vai�:h h1r. Scott. {ie said that �t was his feelii�g that when the ordinance . was written, it was t.o giVe the sign com��anies five years to remove their billboards, and he didn't I:now wf�y a Special Use ('ermit clause was wri�ten into this ordinance. He said zhat for the past year, this has been a'hoi: potato'. The Council say� t}ie Planning Coir�nission, and the Planning Co»>mission says legal counsel. We are back where «e �Nere a ycar ago, still putting aff a decision. He said he couldn't spe.ak for the Community Dcve1o�ment Conm�ission, because thcy had only had one meeting which was relative.to the goa1s and objective$ as a whole, b�at the general consensus was that they were r�ot in favor of the billboards continuing in iridley. In fact, he f�ad talked �o many �eople, and he didn't I:nati�� anyo�ie ��ho �vas. in favor of these billboards, except the sign com�anies: Ile said he .had avrii;ten do�-Jn a few comments he had gotten from peopl e he liad cii scussed �hi s v�i tl� . whi �h t��ere, they were unsi gh�ly, and the message was not {�ertincnt to �ridlcy, and thc profits made on these billboards were at tl�e expense of t}ie Fri dl ey res �i den ts . These 's i yns were tf�ere to attract attenti on , whi ch was a �� L� 1 � ' ' �I � � , ' � ' ' ' � ' I�' ' � Planr�inq_ Commiss:ion� ��1�etinc� - llu.c�ust G, 1975 ' 1'a�e 2G % Y which m�de them a disi:ract�ion i:o inotorists. He said the I"ederal government has passed a la�� thai: tk�ese billl�oards have �:o be so far fro�n the h�iyti��rays, and he felt � they ;G�aerc tryi ng to d i scouraye thern a1 so: i�1r. Li�ncib1 ad sai d hc fe1 t that bi 11 boards vrere fro�� i;he I�orse and buc�gy da,ys Hrhen {�cople had time to sit ar�d look around as �:hey went do��m i.he road. Ile said that it was f�is personal opin�ion th�t he couldn'�t find any rea �on to suppori; �hc conti nuation of bi 11 boai�ds i n Fr�i dl ey. Mr. Scatt said he d�id attend tlle Chanlber of Commerce ineetirlg, and he couldn't find any su��pori; for u� 11 boards ��rom thi s organi zati o��. � Mr. Lofquisi, s�ici he would lil:e to respond to the sta�eme�its just made. He sai d the st��'ce�i�ent �;�as maci� tl�a�; no one i n l;i�e Ci ty 1 i ked bi 11 bo�,r�1s , but t}ii s vras a Publ i c Iiea.ri ng ar�ct 1�� di dn' �t see any ci ti zcns preseni: objecti r�g to these bi 11 bo�;r�is . He sai d i�e �-a��s a��aare tha�; there G�tiere som� peop1 � ��rl�o di d not ap�ireci a�:e bi 11 Loards , but he di dn't th�i n'r. i t�-ras a ��al i d poi nt to say that hecause one per.",01� tal I:eci to peopl e�-�i�o di dn' t 1 i!:e bi 11 bo<Ards to say i:hat no or�e 1 i!<ed bi 11 boards�. He sai d i t v�asn't �t4�e bi 11 baar•d con�pani es �;�{7o put bi 11 bo�frds i n cer• �ai n pl ace°, , i t aras the businessi�,en, ad��erti�e��s, tivho Us{:ed tl�ai; tfieiz� messuye be put on the board, in a certa.i n pl ace. Hc �a i d �{-�at tiii s vras a l eyi iiinate l�us i ness and i�t ti�as the au�er�t�i sers ��lf�o vrerc asl:ing fo�° tf�e ��ssag, on the board. Ne said it c�as��'�L the s�ign coi��.� anies who v�ei°e rnaF;i i�g ��he mor�ey, i t �-,�as �:he advert�i sers . ��ir. L� r�dbl ad asl:ed f�1r. Lo rqui s': i i they vroul d uo i t for �ree? P�1r. �Lofqu a st sa� d that 15% � of tl�ei r busi ness vras puL�1 i c servi ce. f�1r. Li ndbl act sai d that 4�;as a~tax t��ri te-oif ,. ar�d the adver��(;i sers used i'c as a tax ��,�rite-off also: � . Mr. Lofqi�i st sai ci hc ��oul d al so 1 i k� to cl ari fy the Fe�eral Beauti �Fi cati on A.^t, because this �-,�as noi. ior Lhe pu.rpose of elimi►�ating billboards. l��hat the Beautification Act said a!as that �;};� o«±door adv�rtising bus�iness vras a�Ieqi�Eimaf;e business and • had a��i c�ltii; to exi st, but as a Liusi ness i t only had the ri ght to e>:i st i n cor��erci al , and industi°�ial areas5 and tl�ey sl��ould be removed from ►�esidential and rural �reas. He sa�i d�tl�� G60' recl��i rement �r!as el imi na�ted G�li th the las c amend�l�ent. The reuson for this ��ras �that tf�ey t,�an�ced to kc�ep the .billf�oards out o�f residential areas, so they put .a c�i stunce on thetin. The S-cate Compl i ance Act sai d thcre was na di stance , i t tivas meant to be vieG�Yed irom the higf��,�:�ay,,.but you coul�dn't h�ve titClll in a residential area. As far as conm�erci al property, �the .bi 11 boarcis coul d go ri ght up to tiie high�vay as long as' they �v�ren't on publ � c property. I�ir. Loi�qu�i st sai d he di dn' �; thi nk the Federal , Qea�tti fi cai;i r�n Ac-t evei" Il1Cc1t'lt �;0 el i ini nate b�i 11 boards , and i n a 11 the 1 aws gove►�ni ng billboarcis, amor�ti;at�ior� ��aas never mentioned. It si;ates tfiat if a man legally bui�ids a bi l l board, and e�� are yoi ng to take i t a�vay from hiir�, the only 4va.y i t cou1d be taken t�voul d be 1 i ke a��iytiii ng el se , ��e are goi ng to have to pay cash for i t. They do not recognize arnortiza��on. �1r. Lofquist said that at the present timc, �Ne have �-�on a number o% court cases on tf�at po�nt, .prohibition and ai7�ortization. , He said� tha�; the feel �i nc� he go�; ��hen he met ��a�i th the Coi�nci 1 and the Ci ty Attor��y vras that they �e��e trying io resolve this question on a basis where it ��iould be palatable for evei,yonc conc�rned, because this ��as a touchy question. He said he really couldn't Gcl.ieve tha� the onl�� people i��terested in outdoor advertising ��Jere the bil1board compa►1ies. . . • P1r. Scott' sai d i.h11: he 4aau1 d cal l ai;tenti on to the fact tf}at tV�e Human Resource5 Commission made'a statemen� ti�ai; they felt very negatively about bil1boards. At tl�at mee�;'ing, i;f�ere were several ci i:i zeris, and i t �vas hi s impressi on th�t the Comini ssion members were here to represent people. So i:hese pe�ple didn't have to be at the meeting to s�aeal<, the Commissioner's could s�eak for•�hem, and they told him loud and cle�r that they don'i: Gvant bil�hoards in �he City of Fridley. Ife said that if the citizens�of Fridley didn't wani; billboards, was it i:he policy oF Naegele or any oi:her outdootA �dvertising comE�any to jam them doaan their throats, or take them to court? ��--• � � ' , e ' � � Plannin _ Cor�unission h�1e�t�iny - nuc�ust G, 1975 .Paqe 27 That just•didn't se�i7i �;o him to be the proper bus�iness aititude. �z Nfr. i_ofc�uist ��aid tfia�t �i-F the City of Fridley d�idn't ��vant outdoor advertising, �!aegele d�idn't G•rant to cram i(; do�vn �tl��cir throats ei ther. f�ti°. Scott sa�id f�e vaas thr�eai:eninq �o yo to �out,�t. h1r, i_ofc�uisi� said he had mercly pointc�d out tl�e legal aspeci:s of what has hap��cned, because what you ar�e trying to say to my compaiiy ��ras that we cannot conduci: bus.ir�ess in you�� conin�ui�iiy, and this was a legi�;imate bus�ii�ess. Chairman Harris sa�id they P�ad a lett:er from t�1el Jacobson in thcir ayenda Stati rig ��:hat he t��ou I cin' t si �r� the request for a Spc�cial Use Per°Illl � f01� a s�i gn on his property, and he ►�rould 1i�,e this clarified. (�ir. Lofquis�t said this t,�as a misund�r,sl;andi��g. 0�� our leasc� agre�rnent�i�rith h�im, it ��as stated i;hat no�beer or ci gareitc� ad��ci"t i s�i nc� t;�oul d a��pear on �.h�i s bi 1 l hoa.rd. Becailse ti�e peopl � v;ho arran�te for the messac�c do noi� al ��,��.ys �;�io4•r �che terms of th� l ease, tliese have a�peared on I��i s board. hir. Jacobsoi� ��Janted �tr��i s cl a��i ��i ea., and after 4�Je tdl hed vai th f�im, he no lan��r haci any objec%-ien to �fie Special Use Permit. � �1r: Ulson said there ��r�as furtl-�er confusion o�� this, because �tf-ie lease s�t��ll had three yea.r�s to� �•�un, �i.nd yei f�ir. JacoLsor� suid he •�o longer �%,��,ri�ted t:he s�gn on h�is . prope�rty. hir. Lorc;UlSt SJ.ICI �hey had an agrce.m�r�t ��7th him no.�r. Chairman Hurris sa�Id �:f�e Plann�inq Cc��nriss�io�� did not f�ave a copy of �thi5 let��e��, ar��d tf�cy could nat � approve a Speci ul llse Per�mi t on- pro�er-i;y v,�i thout the o;��ners ccn��?t:, so someone ._t�ro�l d ha��e to be respons�ik�le i,o g�� a co�y af the agreement to the Planning Con�n�ission. ' MOT7_ON by. David Hal�ris, seconc3ed by Lindb_Zad, that the. Planning Conuniss.ion close the Publ.ic Hearing on the requ:�st:s fo.r. Special ITse Peri�its, SP ;,'75-08, SP �#75-09, SP ;;75- l0, SP f'75•-11, SP �t75-12., SP ;,75r13, SI' �i75-]4, SP �r75-15, SP �r`75-16, by I�aegele Outdv.or ' Advertising Com�?anz�. Nit�. Dric�ans said he �-.�as yoing to vote against�this motion unt.il vre resolve sam� � of the prob1 e��s on ��Jf�ai: co«rse of acti on ��,�e we�°e go�i ng to take . He fel t there t��e�°e sti 11 1 egal probl e�ns and ��re f��aven' i, di scussed �I�e trai�fi c probl ems that there n�i ght . be fl�om the adve►�t� s�ng s� �ns on our h� ghv�ays. � ' ' LJ � J , ' ' Mr. David f�arris said that by closing the Rui�lic fiearing, it vaould give someone the opportunity oi makin� a moi;ion �;o dispose af this matter. He said the Planning COIllIlllSSl01l coulcin'�; base �heir decisions on t�vhat �•,�e would lil;e to read in1:o the oi�dinance. The ordina�ice didn't say �;4��; ��ae could disa1low sic;ns �or any ot��er reason than t1�at they ��ere non-co,iformine� l�y rot 111�et:inc� the setback and oti�er reo,uirements of the ordi nance. TI�� ordi nance doesn' �; say G�fe can deny tl��e Speci al Use Permi �;s on the ba�i s that ��e don't like billboa.r�s, our cornmission doesn`t like billboards, or someone personally doesn't like bil1boards. f�e said he dicin'�; see this in the orclinance. tJhether we have �;oo many �i.gns or �:hat they cr�a�te a traffic I�azard, he didn't see t{�at in the ord�inance ei ti�er. �1r. Narr,is saici �;hat he saw only one �rernise for denyinc� a billboard blsed on�the ordinance and �;hat ��ras tha� they �,�ere non-conforming and did not r�eet �:he crite��ia set up in the ordin�nce. He said that with th�is �:haught, and the gentleman froni N�ec�ele had voluntarily st.ated tha�: none of the billboards meet all' the requirements of �;he ordinance, we only have one decis.ion to make, either t�e approve them all, or deny them all. This wa� the only judgement they could make, based on i:he ordinance: � ' Mr. Drigans said i:hcy ��ould have to have very strong reasons for denying th� ;pecial Use Pc�rm�its i:.hat: t�rould be defend�ble in court. Mr. Scott said the people he represents were ��J1 � � 1 fl(� to pay the pri ce of goi ny to court. , � � . � ' � ' ' � � � Planninq �;ommi�,ion h1eetinc� - l�u2last 6, 1975 � � P�e 2�3 ` UPOiJ Il. VOICE VO'1'r, D�iv.i.d It:tr_�'is, Iindbl.�d, L�tn_qenf.eld, Scott votinq aye, Rich�rd '11ar.z•is ��ncl Dz°.ig�:iris voti.iic� i�ay, C1�ai�'tnan Il�zrr_t_s dec.iarcd Lh� Public Ilearing closed . at 1.Z:20 I'.r1. � • 1l t�r. Davis Ilarr�is said he ��ras goii�g to make a motion becaase he firmly Ue1ieved, anci unl ess someorie cotal d convi nce h�i s di fferently, t}�at thcy ��roul d ei ti�er have to approve al 1 ti-�e Speci a 1 U�e Permi ts , or deny �;hem al l. He s�i d that. i f we vrere goir�g tc� follo�,�a Mr. Scoi;t's th�in4:ing, fie_��.�ould say that the only ��ray ��;ould be to 11ave a C�i ty-��-�i de vote �:o deter�ni ne r�o��; m�ny pcopl e favored bi 11 boards and ho:�� r}�any ��aere aq�4-inst. V,e d�idn"c think as�y C�m:��iss�io��er coulel say that he represented al 1 the I�e�'!�1 e, �ti�hi c{� ��ir,. >cot. � did noi, say; ar�d �Fih�i �l e some of us mi ght feel that billhoaras ��;ere undesit�ak>lc, ot;hers may sa1� tha�; �hey vae��e a veliiclE� wfiere tf�ey got infor�ii��.i:�io�� ar�� chat �h�y i•lerc �in�portlr��= to the�ir ��elfa��e aiicl t�;ell-b�-irige He fe�IL that a� lo��g as the�e b�i11bo1rcis ��:re r�on-cor�forming, and by taking tfie position ifi he rejc�c�cd o��cy Il'(? r�jec�:ed al1 , and i�f h� appro��ed one, he approvc�d tr��m all , becaase i;l�ey are al l e>:�i s'i. i nc; �-;i th�i n the frameG�;ork oi� the ord�i nance, but th�y al so . exi st in cir� f`ere��ce c-f- �che orci�i nance. They cio not� mee � al l, the rni ��irnun rec;ui ren;ents . Thr -si o�� o7�a-i F�an�e sl�oul d!?e rev i e�ved anci have be ttcr procedu;�es �i,o al l oti�� better , co}�tr•o�is, no:: oi,�Y iri re�ard to b�illboar�ds; b�;t siC,1i11i1�J fQt� i��d�ividual �usin�s�'es, so that �I��4y conform es�c'�icti ca 11y, and that these �things shou i d b� brough.t to ��Jh�'i.evcr Subco�r�:ni ss �i c�i �Fcl �t they had i,he r�sp�t�::y'i bi 1 i ty i n.tl�i s area . 1�10TT0?V .b�.� David T.��r�r_is, t1�at the P1�j�ning Conuniss.ion recommend to Council apPr'oval •of the r.c�que°.1-s for Sp� c:iaZ Use Permits, SP �r'75-0ft. 5P �?75-09. SY ,'{75-]0, 5P #75-11, SP �175-.12, SP it75-13, SP ir`75-14, SP ��15-1_5, SP #75-16, by Naeaele OL1tC�00� Adver_tisi.ng Company, to a11ot� tl�� continization of e�;isting billboards, per Fri_dley City Code, Section 7.14.042, witli thc fo.Zlowing, stipu]ations: .�. [ti�hen�ve�° a 1_ot �s developed and an adveriising sign� is Iocated .upon .it, that sian wi11 l�e removed . • 2. ' . � 3. ' [ti�henever an adv�rtising sigl� is a'c�stro?�cd or_ damayed by ata act of nature, vandali.sm or oth�r i�i�a��s, this sign cannot be repaired. or rehuilt and tai11 have to be removed. � '1'l�e fo1Jo:�ing signs �ai1.l. be rcmoved: 374Q East River Road; 8120 University Ave.i�uc N.E., and 7355 T'ast River Road. q, . AI] the 5pecia.7 Use Perniits come baclz one year fr'om passage .for review. � '. C�iai�'111111 Ilarris said there �•.ould have to be a second to the motian before this could be discussed. � � ' � �I TII� A10TIOIJ l�IL;D 1'OP• Li1CK Or A S�COND. � h1r. C31 son sai d that any rnoti on for app►°oval of .the Speci al Use Permi i;s : should meni;ion a percentage figut•e �on �;he amount of damage necessary for a sign to be t:'en�oved . , ' ' Mr. D1vid Harris said �:hat if there had been a second to the motion, thTS could have been open for d�iscussion. . Mr.�Driqans said he felt there were several reas'oneC�� sonellegal� i`nterpretations to the next meeting. lie felt the Plann�ng Commiss�on n on whether the specificai:ion as stated in thc lldminis�:rai:iye report are able to be upheld in a court of' law, obtain a legal ii�terpretation from tiie City Attorney as to 0 � ' '• � , I� � � � � � ' � � y� Planninc Conu»�ission_ f•9eetin2= �u�cust G, 1��/5 P�� ?_9 ' 7$� A . i�Jhy rezon7ng ar�d var�i�ir�ces are not requir.�ed, and a legal br�iefing on wllat position thc City oi' f��iinn��tonk�� tool; in giv�in� total cienial of billboards in their community and ho�-r it �-:�as ut�held in ca�irt;. I�Ir. Uri�3ans thouc�ht there �•rere enou�h unansv�ered � quest ions to just-if'y cc}n tir�u i�:r� t{�ese requcs�:s . {-I� a��oul d al so 1 i ke to as4% the two Vi ce Chai rrnen pr�esent, h1r. Li ndhl ad ancl f✓�r. Davi d flarri s, i f they d�roul d�at�;end the next i��cefi�ii��c� of the P1�r��ing Com,n�iss�iori, if not on tP�e Planning Commission then to be avai 1 abl e�i n�th� aucii er�ce . The botl� agreed . 1�90T.IOIJ by Dr..irr�.tn:>, sei�or�dccl 1�� Dav_7:�i Iiarr.is, tl�at Llie P_Zarinirlq. Con�m.ission co�zt.irlue f,he r.cquest far S��ecia.l U:�c 1'erm�.t:s, SP ,175-0f3, SP �f75-09, SP �,75-10, .SP �f75-1T, SP �i7�-.(?_, SP ,�75-13, f;P il75-_Z4, SP i,75-.Z5, SP ,�75-16, by llaegelc Out_door I�dvcr.tis.ii:g Corn1�an��, Ior t_he cont�:�:u��it__i.en of c�.isting b.i111�oards, X�er 1'r.idle� City Code, 214.042, unL.z1 I�uyust 20, 1�75. f�1r. C1arl; asl:ed �ir. �rigans �if f�e t-rantcd the City A�l;�:orney present of if the Uns��rer�s coul d�� i r> >�,��n�i i:i ng . h�ir. Dri;�.r�s sai u i t co� � d be handl ed ei ti�er ��ray. Chairil�an I;arr:s said he t�,�oulci also �-nant �-,�ri�tten clarification of the �Yielvii� Jacobson �Ic�t�r b�i,�re th�is n�eeting also. I�r. Scott s�,id �:hat no matt:c�° ��fl��at the attorn�y says, v��e wi11 sti�ll be faced t��iih zl�e sarne problcn�, �v{�eiher G��e are goir�g to ap�i�ove th�m all or deny them all, a��d no ma�:ier ��,�hat grourc�s t��e use to c�°i�,�� them, �,e ��,roul o sti 11 have a probl em. As far �s 4�dhat �ti�� r comr�uni ti es do, he coul d cure 1 ess 9 i f ti��as �,;hat Fri dl ey di d tha � cence7�neci {�ir��; a1LV�oug1�� i i, n�ight be nice ta see f�o��,� I��inneton4:a got a��Jay 4dit{� it. h1r. Dr�iga��s said th�is ��ras his po�in�:, becausc fic kne�v they v�ere go�ing i.e have �;o have very solid reasons for cicnial. i,ir. Lindblad said the fact tha�c they vaere all non- canforir�i��g seemed 1 i ke� a good reason to hiiT�. Nr. Davi s Iiarri s sai d they ha.d to real i ze i:hat these �vere exi sti ng structures , and put them i n�;he same persi�eci,i ve as • Spec�i al Use. Pei"Illl �S for oi 1 stati ons . Triese . have not al��,�ays co��orme� Lo the Cocfe e�i'cher. He said the one s�:ation in particu1ar t�ras ti�e one by Sc.. �7ill�iams Churcl,�. In tfiis case, �-�e couldn't deny them a Special Use Perm�i ��: because they dc�n' �t con � orm 4-rhen �i t was the Ci ty that put the road i n to make it non-con-Forming. I-le S11CI tI111: when a Special Use Permil: 4�fas requested for a new proposal , tl�en �Lhey have t:o coi�vince the Ci�Ly tl�at t��is ��ras good, but ��rhen it 4•:as already ex7si;ing5 then the City has to have va1id reasons for saying this was not good. P1i°. Scott said he agrced �v�ith I�Ir. Loi�q��ist tha� there would�have �;o be comp.ensation, but the peopl e he had tal ked 1;0 �vcr�e G•ri 11 i ny �;o have thi s compensati on pai d. He sai d t.hai; ii= peo��le ch�nge i:heir mincis after a company has tnade an investmen�;, they have to be prepar��d to pay. �� ,� � Mr. Dt�ig�ns said the U��rden of proof to d�ny any Special Use Permit was witf� the - c; ty. _ � T�1r. Langenfeld asked if a Special Use superceded variances and rezoning? Chairnian Harris said it vaas not a vehicle to get around variances and rezoning. . � Mr. Olson said he thouc�ht that, Mr. Drigans moti•on to get a lcga1 interprei:ation ' from the City Attorney �das a good one. He said he al•so. had a few legal� briefs on this mati.er, and he would have copies made and sent to the Planning Comiiiission.• ' UPON �I SIIOW OF IIIINDS, n.i.ck Harri.s, nav.i.d Ilarris, Drigans, Langcnfeld voting aye, L.Y'ndblad �ind 5cott voL_i»g n��, the motzon car.ried. ' .•. � . , ��rr 1 � Plannin Ca�r�}i-issian f�1ee�;in 11u +�st•h, 1975 �.'?�30 _---___�_ _-- _ ----_- ------�_---�- - . 7 C ' Chairnian llar�ris saic:fi the hour w��s ge��:ing late, hut because all� i:he Special Use Permi ts I�act becn adver°t�i sed �foi° �:hi s date, I�e i;hou�fit the Publ i c Ilearing woul d have !�e to opened for [3rede, Inc., also. � � 1G. I'U�LIC 11E/1RIP�G RF(�Uf_ST FOR_ A SPECIAI__ USC_FERt�fIT, _SP �175-17, C�Y BREDF If�C.: '-- -- To p��r i�ii c i�ii� con l; i �ivati or�� of an exi s�;�i n�� b�� 11 board on part. of� Lot� £3, F1udi tor's ' Subcl�v�ision f�1o. 9�I, per I-►,idley City Codc, Section 21�I�.042, �;hc same being 5401 � Ce�� :r��l /iveniae Id. f-. . �� ' '(_IC_fil_ARIi�!G__f'I Q'IC�� (�O�l /1 S�ECIIIL _U��F-PFRft1TT, S('�r7 �__7B,_BY RRCDF, II��C.: 17 . I U I , � - � J__. -- _ � • 1 o p��r�mi t. t��e cont i nt�a�:; t�n ofi an exi sL�i rig Ui 1 I board on p�t�t o f Lot �, I',udi tor' s Sul>c1i �� i s i o» f�lo . 94, pe�° Fri d1 ey Ci �:y Code, S�cti on 214 . 04?_ , thc san�e bei ng 5403 ' Cc�r��tral A��enue �V.E. � 18. PU3LIC �{E�R1C!' f;FQJ[=S7 FOR �, SPECIAL US� PFRMIT, SP ;t75-19,_�Y C�REDC,_IP;C.: �. l�o _per;>> � c �f�e c o�ii:i nua'r,i c�,� o � ar� e>;�i st�i ric} bi l l boa��i on Lat. 1, �;7o�c;Ec 1�, l{arst.a.� /Ic;d�i �ion, ��er I ��id1Ey C�ity Coue, Scctiori 21�.042, tf-�e san�e G�OI iliol�aJay ;#65 (v.E. 1�'. �'Ui�LI� I�Fr`!'1''i�: !:��1�!ES1 FOR R SPCCTIIL USE_ ('CRP•iIT; �P_ �rY75-20, E�l' RREDE, T';C.: '1-0 ��.r��,� t Ll�e con i,-� nu�: l;�i o�� of an exi s i,�i i,g b� I 1 board ori Lots L� anca 20, 131ock 11 , I4aii��i1tan's l�dd; i;�ian �o i��=�cha.r��icsvi-lle, per �'rid�ey C�ity Coue, S°c�:iot-� 214.042, • the same l�einn 5457 ��th S�trec�t f�.E. ' • 20. PUBLI�; fIEP,RaP:G: REQU!-ST FOR /'� SPECIIIL USE PFP.i�ill-, SP �75_21, E�Y �f�EDEy Jf�C.: Ta pern,�ii;i,f„� conc�inuation o�=� an �; ist�ing I��i`Ilf�oard o�� Parcel 3G20, Sec�ion . 12, per Fridle,y Ci�.�r Coc(e, Section 214.042, the saire being 75G8 Hight�,ay ;�65 i�;.E. f�r. Jum^� Bratland, represen.�;ing �rede, Ir�c., was prese�t� c ,� i 1 r � f! r� � IiOI']�O%�' h� ]7avid H�r_xis, secor�ied• vy Lindblad, tl�at tlze Planning Comm.ission open the Puk�.Zic Flc�a.rii�gs for requests. fo.r. Sp�cial. Use Pe.rmits, SP �'75-17, SP #75-.7�, SP #75-19, SP �;75-?_D, S.P �t75-21, by Brede, Inr. Upon a•voice vote, a11 votiny aye, Cl�airman I;arr_i.s° decZared 1:1�e Pub1:i_r liear�_��y open. at 11:55 .P.1�1. 1101'I0:1' .t>� Dir.k Il�rr.is, seconciect by Drigans, th�t th� P.Zanni.ng Commission continile t11;� requ�st:s for Spec.ial Use Pc�i'm.its, 5P I{75-"17, 5P #75-18, SP ��75-1°, SP �#75-20, ,S�> #�7,•-?1, by 13reGe, Inc.. UpoJZ a�1�o�,r of 1i3r2ds; Dick llarris, David Harris, Drigan, Lange:nfe�d vot.�.r�y aye, L:indblad anc� Scott votil�g nay, th� motion carri_ed. A��ou� ��;��crt�r: A10I'TOA' }�y D.r�.igans, secondcd 1�� David Ha.r.ri.s, to adjourn. Upon a voice vote, a11 vo�.i��c� ��e, Gh<tirmai� H��rr.is dc�c�ared tl�e Planning Conimission mecting of August G, 1975 ��d jornecl at 17 : S9 P. Al. Respectfully subm�il;ted, . � ~/ �� ,-�.� .-!��/ c �,� �t-c �'�c � -�-1-�_i.�r --7' " Dorothy Lven fm, Secret#ry ' . , � • . . II . • � .. � ,,�,.t.,. �`. � � I . THE MINUTE�S OF TFif�: A!'PEALS COMMISSION_ MEETING OF JUI_Y 29, 1975 The .m�e�:ing t�ras called to or�er by Chairalan Q��igans at 7:35 P.M. . � - MFt�IQERS PRESENT: ME(�BERS Ai3SFNT: � OTFIERS PfZESEf�T: Drigans, Gabel, Plemel, Kemper, Wa�lber.g None Howard P�attson, Engineering Aide ,' APPROV/1L Of� Q0/1RD QF APP�'ALS SU�COP9MITTEE MINUTES OF JUl_Y 15, _1�►75 MOTIOid by Plemel, ser.onded by Kemp�r, to approve the 6oard of Appeals � Subcorrani�:tee minutes of July 15, 1975 as written. Upon a voice vote, there beiri� no nays, �he n;otion carried ur,animous1y. ' �� , � 7 DD ; Itei1� #1. A RE UEST FOR F� VARIAPdCE 0� THF FRIDLEY CITY CQCE S�CTIO�Y _ _�- ------ „— � � � �. � � , .�. 205.053, 41i, 'I�O R[�DUCL "�fIE Fr.OI`,7 (f,(�U S�T C3�1�1'. FRO�'1 35 FEE � 1�U 27 FEET TO P�f';f�1I�T CCi�;S1�RUCTIO�;d Oi= Ai� �1T-i ACHt=D GARAC,E TO �SE Lt1CA�fED Oid LOT 4, BLOC'r'. l, CARLSOid'S SUF��I1�"i� P�11�N��R, SOUTH !'�DDITIO��g i�l-IL SA��E BE�I�lG 149 — 49TH FlUEi��U� Ii.E., FRII)LEY, I�?II'�ESUTA 55432 • REQUESTCD 3Y ��'iR. A�?irF S1:i°ici�iGA,�;RU . ~�� OTION by !�!attilberq,seconcied by Gabel, to open' thn public hearing. llpon a�roice vote, there being no�nays, the mation carried. '� h1r. t'jrne Simengaard was prese��t and «as asked to ex�lain �he reasan ` . for his reques�:. Ne explaine� �hat he is goir.g to build a garage and thaught �; t��rou1 d be ni ce to pui i t ou � 5 fee': i n fronL oi= the ' house because ir the bacl there is a drop off. He also t�iants to save the k� tchen wi ndo�.v. Th� t;ouse r� gf�t nt�w i s 30.1 feet from • 'che 1 ot 1 i r�e . ' , , , � ' r ' Mr. Grigans remarked, do you have a survey of ail the property in the area. (yes ) �� llrigans explained,as Jou know,this is a�non-conforming street to the City Cade. (yes) , .' Drigans asked Simengaard �vhen the {lroperties on this p�rticular street ��rere �;lo�:ted out and i�e rep1ied ��1arch 25, 1955. Wahlberg asked if Simengaard has a drati��in� or sketch o-� his plans. Simengaard remarked ii�at the garaqe v�ould be 1� feet wide and 25 feet deep �nd as far over to ihe lot line as possible.� The roof . of the garage would be contoured to the house to make�it more attractive. k'ahlberg asked if Simengaard was gaing to construct the garage himself. (no) Drigans asE;ed Simengaarc! what he feit the hardship Gvas in 'relation to the request for. the construction of the garage. � Simengaard replied, the 5locking off of the kitchen window and fihe building oF a dee�er foundation ini:o the�sloping grade which drops �bout: t�vo feet from the back of the house. � " i►�hliaer.g asked if there tiNere any other attached yarages on 49th � Avenue. Sirnenyaard replied yes, ther•e is one at 137 - 49th • Avenue N.E. - � � � C� ' The M�i nutes of tiie �?�eal s Commi ssi on Meeti n� �Ju1,�29, 1975 � t��1berc� asked i i= Simengaard .i ntended ta surface the dri vewa,y and . Sim�ngaard repiied yE�s he did intend to surface the drivetiaay. , , '� , .. , � Dric�ans asl:cd if Simengaard had talked to any of his neighbors, Simengaard said he talked �;o �he ones at 161 and 137 - 49th Avenue and ne�ither of them had ��ny comments on him building a garage. Dric�ans as�;ed who w�re the constructors of this particular house. Sirnengaard replied, Carlson Construction Co�npany. Dri gans as�:ed what mafieri al' ��as _used fcr si di ng on thi s parti cul ar house. Simengaarci replied, vfith shakes,and I intend to continue to use shak:es on the garage to tie it �o the house just as the roof� 1 i ne of the house ��i 1 l ti e together �vi th the garage. MOTION by_F'lemel, seconded by Gabel, to close the public hearing. Upon a voice vote, 'chere being no nays, the rnotior� carried. The Qo� ��d cl�i scussea the vari �nce and �r°oposed a moti on. ' M�TTON by Kemper, seconded by'�Jahlberg, that the request for�a vari ar�ce submi tted by f�r. Arne Si n-�engaard rel ati ve to reduci ng the front yard set back from 35 feet to 25 feet at Carlson's Summitt Manor, So�th !'jddition, The Same ueing 149-49th P,venu.e �V.E., FridZeys , Minnesota 55432, be approved, Upon a voice vote, there being no nays, the motion carried. ' ' , I�;em �2. A REQUEST FOR VARIA�vCE OF THF FRIDLEY CITY CODE, SECTION 205.053, 4B, 5B, TO REDUCE THE REAR Y�`��;D DEPTH FROi�1 25 FEET TO 20 FEFT FROi'�1 THE I-1LLEY, TO PFRf�II- CGi'lS�I�f:UC�i �(1N Ok- !� DETAC'r1ED GARA�.E, TO 6E Tf�E SAPiE BEING 4761 P�i/�IN S�I�REf:T Pt.t., Ff:IDL�l', i�I�JidES�TAI 55432. � � MOTION by Gabcl, s�conded by� Ke�per, to open the public hearing. Upon a voice vote; tl�ere being no nays,.tl�e motion carried. '. � Mr. James «. Qillerbeck was present and was asked to state his request. He explained that a buildir�g inspector �vas�out and two or three contr�ct�rs to look at his back yard and about the.only ' place that I can pu± the gdrage without kill�ing the fi�ty year , old Maple Tree would b� 20 feet from the alley. , , Dri�g�ns asked if it was a driveaule alley where Qillerbeck wants to put his gara9e- �Ye`) Bi l lerf�eck expl ai �ied that he tl�ought movi ng the garage 5 feet ' closer to the alley would leave eno��gh room to park cars witiiout � hedging on the alley. I have talked to my neighbors and they had � � no comments. I have '1i.lac i�edges on three sides so it would not ' be an eye sore. If I can put it in this�way I can also match the roof tkle same angle as the house roof. Otherwise I wi'll have to .� build a narrow long garage. ' ' Gabel asked who maintai��s the alley in the winter time? He thought the City of Fridley did. 0 7 EE � , � The Minutes•of the Appeals Commission Meetin�c of July 29, 1975 • � � 4Jahlberg comments that there really isn't enough room above the , ex'isting qarage to expand another 12 feet� Rillerbeck replies, � . I�; wauld leave ttivo fe�i: from the lat 1in�. ' � ' ' ' L _! ' ' � , ' , , ' ' � ' Drigar�s asked what Billerbeck interded to do with the existing garage or foundatiori. Qi1;ei�bECk replied, as soon as I can get the new garage up I would block off the big door and �fill in the drivevray and leave the garage for si;orage. � . � Plemel asked if the old garage.was close to the house and Billerbeck . replied one ��rall of the garaye is the basement wall. The garage is 12. feet wide. The lot has a`11 been surveyed so it is vrithin a 6 inch variance of what was figured. � t�'ahl b�r, asked i i there was a dri ve��fay now down i nto the i�ront of the garage and 6illerbeck rep]ied there is a cement walled driveway from the street i n. It i s too s�l;eep as I don't knova ho�� we can use i t espec: i al ly i n the �,�i nter. I am goi ng to iea�� up the exi sti ng dri ve- vray arid make a yard out of it. 1'he exterior of the house 1s stuccu and I intend to put an imitation stucco on the outside of the garage and they can be painted if needed. ' MOTION by Gabel, seconded by Kemper., to close the public hearin�. Upon a voice vote, there being no nays, the motion carried. The Board discussed th� va'riance and proposed a motion. t�i0TI0N by 1�!ahlberg second by Gabel to a�prove the var�iance request by Mr. 6illerbeck for the constructio�? of the garage, upon a voice vate, there being no nays, the motion'carriec�. � �� Item'��3. ELECT A VIC PLANNING COi�1��1ISSI0iJ. QEHALF There t�ras a short discussion of the duties of a chairman. Plemel stat�s that based on th�e seniority anu perfcrmance under stress when Mr. Driyans was at his absence�i�F she wou�ld �ake it,I would like to recommend Virginia Wahlberg. • M07I4N by Kemper, secondeci by HoG,iard, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Then�Mr. Plemel stated that on the basis of seniority and per-formance uti�der stress he would like to recommena Virginia 1J�hlbergfor the pasition of Vice Chairperson of the Appeals Commission. Mrs. Wahlberg said that she would be interested in the position and was then nominated. Nominations were closec� and a voice vote was taken wit.h Mrs. Virgini« Wahlberg. , ADJQl1RNMENT The Meeting was adjourned by Chairrnan Dr�gans at 8:20 P.M. Respectfully Submitted, �..� • �w�; • j t�u�.�.�r� Susan� f'e I o�u � n � � 0 7 FF , • APPEALS COMMI5SIO,N ITEM #1 149 49th Avenue NE � � �a�� . . ' ---� 'x� �f � 5' i- 4 1S.c C ' . 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O .J 4' .. .e � . � � p .c . \{ � k . . �.� . .� 0 �r � 0 APPEALS COMMISSI i. � ��1� i /Y�/��ti `�7-��r� . cc.=Q, � c �"� 2v' E`� 6� c� J�� ' v 7 I�H 0 MEMO TO: DICK SOBIECH F120M: DARREL CLARK DATE: AUGUST 6, 1975 RE: RESOLUTION NAMING THE S.E. OUTER DRIVE AT HIGF3WAY #65 AND INTERSTATE #694 Attached, please find � resolution naming the Southeast Outer Drive of Highway #65 and Interstate #694 to CHERI LANE. � , I have met and discussed this item with ,Tim Hill, Safety Director, Robert Hughes, Fire Chief, and Mr. Schmidt, Pos trnaster at Columbia Heights and all have conf irmed and agreed that this proposal should be adopted. � We have also been in touch with the Apart�nent � Building's owner and he is also in favor of this proposal. The building numbers will remain the same ancl�the street name will change from Highway #100 to CHERI LANE. . ' ( D CLARK Community Development Administrator. � � � RESOLU'I'ION N0. RESOLUTION NAMING THE S.OUTHEAST OUTER DRIVE OF STATE HIGHWAY 65 AND INTERSTAT� HIGf-�9AY 594 TO CHERI LANE NORTHEAST WHEREAS, the City of Fridley has numerous old street addresses numbered on Old Highway #i00; and WHEREAS, State Trunk Highway #100 physically no longer exists. � NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley: Section 1. The Southeast Outer Drive of State Trunk Hi.ghway Number 65 and Interstate Highway 694 bounded on the East by Fillmore Street and bounded on the South by 53rd Avenue Northeast will be named and known as Cheri Lane Northeast. Section 2. The City Clerk is hereby directed ta register said street name with the proper authori- tories for Anoka County and with the proper postal authorities and other interested parties. PASSED AND ADUPTED THIS DAY OF 1975, BY.THE CITY COUNCIL OF THE CITY OF FRIDLEY. n ATTEST: A9AYOR - WILLIAM J. NEE CITY�CLERK - MARVIN C. BRUNSELL � , • �. • sH�vr w � � w a x ti � h �^'� s��3a � Ll-}�y f ��t-��It 1 ��l� fir?+�+ t� -� ` 1+1�a.� t 0. j-�� "r �� q � -F -� o .� �. l �� T"1'� r/ __t._�- , i"t �-1' z J W � � a � u_ ' ,u �• a 0 a � ►'- 0 a w 3 1 e �, � • � . 8 B ...� ; . � w 133�I15 NVN�M�I10 ( . a o...�.��..,� o rQ o � . v p 0 ; • 1,33LJ,S 3�k31� > AHS �n .�,_._ :� .. �.f' .. . . V1 . � Q° � 4 _.� . � ...'� .. ' . � � �'. C�]" . � _i :Z (!Y �- . [y >, .A .. . � ��. t`D �E ri �. � C�` = 4. � � v _.1 •>2. w� N� �i- � C? � "°'�n.:�_.-__. � - 4: � � • V'� �'� ►:„ . o.... � � W J J� � . {L 7 O ��1 � ��'� �.'. _ li�. . � t ,- a . � 1 ro a � io . � . . � < a - fY tn! � e�'"!4 u� � cr �,;_ : U J � ,.r .� ,�' . • �a�r° d ` i �' � , �� ~ ' � V � �� . z , 1 �., � s� . , � 45' � ' . �'! W �� 3 '� "i � 133tl ''� F � � �S �OS;OrK • �� , � � � ♦ • W 2 . Q ' -� W Yt � a Z Z Z W W Y! i � y � f � C '►�aq . � F-- J _� U a N witr3�+� ►z- a °' � r r o U � �'�' K 133a1S � tl H11 Z1£ '5'V'S'W � �—�...__ •_._„ • � . 133!!13 H19 � > � C F�" 2 . �'^+�. . � M �.�.� h �� c " t. . _ 4 � .. � .. , _ C . `: ' t ' � • j .-- - ` . . . . � - � r �. : f:Y -!. � ¢ i 1 �ar�xs:::.-:�.�_,: �•9 . . . _- + ` , � � � s i! , � r'ti.� . �� ~;'y` w,`.. - 1 ' . . � . � � , � MEMO T0: Nasim M. Qureshi, City Manager MEMO i'ROh_4: Richard N. Sobiech, Public Works Director DATE: SUBJECT: August 14, 1975 Resolution for Intersection Improvements on TH 47 at Mississippi Street and Osborne Road (St. 1975-4} Attached please find a resolution received f�om the Minnesota I�� Highway Department regardi.ng the referenced project. The reso- . lution, if executed, would indicate that Fridley concurs with the , preliminary plans for the intersection improvements. 'I'he project ' would consist of channeliZation and signalization improvements which wauld provide left turn, through tra�£ic and right turn movements through the intersections on Mississippi Stxeet � and Osborne Road. Bike l�nes consistent with the'City overall plan are also provided. The plans have been revie�aed by the Engineering Division and �' the following suggestions as pertains to the improvement of Osborne Road are affered: � 1 1) The southwest corner af the west frontage road be changeci to a 40' radius� 2) The sou;:heast corner af the west frontage road he cr�anged to a 30' radius. : � 3) The east end of the median on the east side of TH 47 shoul.d be cut back to allow .proper turning radius into Standard Oil. .4) The proposed section along Osborne should be'extended west to the intersection of Osborne Road and.Commerce Lane. 5) Consideration should be given for the construction of sidewalk on the south side of Osbarne between Sth Street and TH 47. It is su�gested that the Council consider the resolution at the meeting of August 18, 1975 and it is recommended that the resalution with tl�e above stipulations be authorized for execution. This would allow the Highway Department to proceed with preparation of the final plans and cost estimates for the improvement. RNS/jm I � � � � . • � � ' � � � , rgm zszl R�v. (�-73) 0 R�S.OLtITIOAT ..........�.� Afc a(re�ular) (special) meeting of the Citq Council pf the City of �.� ,t � �� duly held on the ,___.__,,,_ day of , 19 75, tihe follo�•aing ResoluCion was of£ered by � � , � � i � � ; seconded by _.__ � ; to-wit: WHERL��S the Comraissioner of Highways •�has prepareel preliminary plans for the improvement oi a part of Trun'.cliighway Namber 15b renumbered� as Truntc Hi.ghway ldo.,,� 47 _� ��h�n the corporare limits of the City of Frid�zv from�t� �,i�iississi��ni Street to Osborne Road ; and . ' W;�REAS said prelirn3.nary �1ans aze on file in the of£ice of Che Department of Highways, Sa3.nt Paul, Tflinneso�a, bein� marked, labeled, and identitied as LaYout P10 3 S P 0205-44 (47=156) from rSississiPpi Str�� to Qsborna P.oad _ � and WHEREAS copies of said preliminazy plans as so marked, latseLed, and identified are also on fcile in rlie office ot the City Clerk; and j+hIEI:EAS the term "said preliminary plans" as hereinafCer used in the bady af tt�is resolu�ion shall be deemed and intended to mean, re£er to, and to incorpora�e the pre'3minary plans as in �he foregoing rec3.tAls • parCicularly identified and described; NOW, THEN, BE IT RESOLVED that said greliminary plans for the improvement of Trunlc Highway iVumber 156 renumbered Trunlc Highway . Number 47 r�l.thin the limits o� the City oi rridley b� and hereby are a�praved. • � � , � � , � � � 9 MHD 2521 P,ev. (9-73) , Upon �he call o� the ro1.Z tne followinn � vo�ed in £avoz of the Resolu�ion _ _ _._. The following ' voted againsC its adoption: whereupon the Mayor and gre§iding off3cer declared the Resolution ndopted. Dated , �9 75 . . T�ayor Attes t _ ....._ .___. ..__.� City Clerk STATE OF MITSi�I�SO'TA ) . - COUT�TY OF t�.^.olca ) ss. � • CI�Y OF FridlEy ) I do hereby certify that at a regular mee�a.u; (a� a speciaZ meeting,of cahich due an� legal no�ice was given) of the City �ounc� 1 ot I�ridley � ��'tinnesota, on t?ie day o� � •, 19 �� , at «I�ich a majority of the members o� said Council were present, the ioregoin� resolution was adopted. Given under my hand and aeal this day of � 19 75 0 � . • � � � . City C1erk 0 �9 � . ' I . 10 1 �.��►.I.�� . � , � . 6441 UNIVERSITY AVENUE N.E: MINNEAPOLIS, MINNESOTA 55432 PH. (612) 566-6441 � � . . � Memo to: City of Fidley � � From: Gus Doty—Ron Chi�istiansen(Realco Realty) for Vilnis Vilinskis. , ' Date: August 15, �975 � � � i � I__; � L� � i 1 t l � � 1 Letter of intent to transfer Special Use I'ermit SP �7414 as presently written and approved, from the name of AZicheal B. Rodder to Vilnis Vilinskis on the property at 7355 Highway 65 N.E., also.knpwn as Lot 3, Block 1� CEntral View Manor Second kddition. The City Cou.ncil shoud note that; � 1. Iiefore the approval of the Central View I'lat, Lot 3 was 329 feet deep where now it is 509 feet deep. This was effective June 6, 1975. The additional footage does need to be filled a,nd therefore is not ready for use at the present time. 2. The sale of this property is subject to the approval of the Special Use Permit transfer. I have been advised by the City of Fridley assessor that this operation will provide approximately $900.00 in additional tax revenue annually over and above the lot tax. Since the mobile home business is at a minimum in the winter months our prospective buyer would appreciate rapid decission on this transfer of permit. I.talked Vrith Uirgel Herrick on August 14, �975 �nd he felt that there should be no problem as long as the City council approved d'f the transfer. Sincerely Yours � , � . � G'�„- `"�( � �r f'� ./�/'.��'-"' Ronald B. Christiar.sen � � � �• P1ar�ninc�Co��lmission Mc�eting - Septemb�r 25, 1974' � Page 6 IO A Mr. C]_ar}; said that by rezoning Block 4 to all R-1, it would , .c.hange tlle zequi.r.ements on the inaustr-ial business across the stree�. If ilz�y wazzt to do any more bui.lding, they will have to mainta�n a 100 foot setback. or acquire variances. � � � � � � �� r � � .f°" Mr. Drigans said this would be necessany whether they rezone all B1ock � to R-1, or xezone it all except�Mr. Bensons.. MOTiON by Lir�db.�ad, seconded by Drig�ns, that t1�e Planning Commzssion x'ecommel�d to Cotinc.il approval of the rez,oning request, ZOA #74-04, by Henry F. Muhicl�, to rezone Lots Z1 - 21 and Lots 28 - 3� (this er.cluues Lots 36 and 37) B1ock 4, Spring Brook Park Addition, from t�1-1 (.Ziqlit industrial areas) to R-1 (singl.e family dwelling areas), genc�raJly located bci:ween 79th AtTenue N.E. and Longtellow Street_, and Asltt-ori I�venue and the railroad tracks. Upon a voice vo,te, a11 votil�g a�e, tl�e motzon curri�d unanimously. . �; . . A7r. Drigans said �e didn`t �aant this to %e a stipulation, but he w�uld not ti�ant to see Mr. Benson'� garage enlarged for anythirig more than such a business as a cabinet shop. 2. PUBLIC �IEARING= ��CONSIDERI-�TION OT' A REQU�ST FOR A SP�CIAL USE PL�2D�IT, SP n7�-14, BY AiICI-IA�L B: RO'1'TLIZ: Per Fiidley City Co3�, Sectiom 20.5,._�D.2..,. ,3, N, to permit r�obile Home Sales in a C-2S Districi�, to be locat�d o» the�ti9ester_l.y 329.3 feet of part of the Southeast Quarter of the PZorthwest Quarter of Section 12, (Parcel 9780), the same being 7�355 Highway #65 N.E. Mr. Michael Rotter was present. 190TION h� Harris,. seconded by Drigans, tl�at the Planning Commission waive the readil�g of tl�ie Public Hearing Notice far the request for � Special Use Permit, SP #74-14, by hli�hael Rotter.. Upon a vo.ice vote, a11 votinc� aye, the motion carr.ied unanimously. - , Mr. P.otter said he �ti�as asking for� this 5pecial Use Permit so hc could have a mobile home sales busin�ss. Mr. Clark said this will be located izz �he same ar�a where a special use permit had been granted i.o American Auto Listings last year. � Mr. r�i_tz.patrick sai_d if there was an a.rea in rridley uzhere such k�usinesses could be allo�•1ed, ii� would be iri this area�, but all mobile homc sales requi.re a S�eci:al Use Permit. � Mr. Rotter p.resented a plo,t plan to the Planning Commission showing how the tr��z:il.ers would b� �placed on tlze lot and wher_e the office would b'e located. . � � . Chairm�n Fii.zpat.r.ic': asked A7r. Rotter if he op�rated a mobile home sa]_es business anywl�icre el.se. Mr. Rotter said he didn't. Mr. Fitzpat- x�.ck asked if he �aas warkii:g ior. a com�any that did. Mr. Rott�r said he.liad been iil tha_s bu�iness for six year.s. A� pres�nt he was worlc�_ng �oi: Patti IIc�mes and k�reviously had worked for Castle riobile Iiomes . 1, � Mr. H�zrris asked i� � tlie ofiice would b�: a per_manc�nt structur.e. Mr. Roi.ter saic3 ii� wi11 be a doubl� trailer, seL- up �n blocl:s and skirted � • • . . . ...,�..,.,. , � , � � � � , � LJ � � r � � � 'J � � P1.annin Commission Meetin - September 25, 1979 Page � .l0 B R • . as a permanent structure. Mr. Harris said he understood that sewer and water were already available on this px'oPerty. Mr.-Drigans asked i� this office was in the same location where Ame:rican Auto Listings had thcirs. Mr. Rotter said no, it woul,d have to be extended over to his office location. . Mr. Roti�er said he will have seven mobile homes on the site. He planned to have them eight teet apart, but has room to make them 10 ieet apart, if necessary. Iie said the office will be 24' x 36'. Eveiythinq within the dotted line will be blacktopped. He said he would have crushed rock und�r the trailers, ber.ause they damage blacktop if they are stored�on it. He said they hav� a tendency i.o sinY., so this is why crushed rock is used. � � AZr. Drigans asked Mr. Rotter what kind of arrangements he had made iaitlz'�the propexty owner, would this b� a lease or would h� be buyii�.g the property? Nir. Rotter said he thought it would he a lease with option to buy, but they haven't even discussed the lease as yet. He wai�ted to wait and see if this Special Use Permit would be approved, and �ahat stipulations would be put on it. Mr. Fitzpatrick asked if this special use was approved, how long a lease would he be looking for. Mr. Rotter said he th.ought for about three years. He said he didn't plan to start up thi� business until spring, because money was tight, and he knew the winter months were bad months for this business, from experience. Mr. Harris asked Mr. Rotter if he.had a copy of the ugreement that had beeri drawn up between the City.and anothei: operator of a mobile home sales. Mr. Roi:ter �said he did. This agreement for the mobile home sal_es lot at 7151 Highway #65 was discussed by members of the Planning Commission and the petitinner,and from this discussion the stipualai.ipns for this special use permit weze det�rmin�d. Some of the membe��s questioned having a yearly review of this permit. Mr. Clark said that Mr. Rotter �•rould be expected to spenc� a lot o� money for the blacktop area, a�zd he would�n' t f�el like makii�g.a big capitol investment if this permit could be revok�d�in one year. He thought the �Lerm oi� his l�ase or three years would be fairer �o the p�i�itioner. Mr. Harris said that this Special"Use Permit could start from the time the-petitioner signs the lease or purchase agreemen�t, tiThich ever he has. Mr. Drigans said he wanted this 5pecial- Use PeLmit tied to the lease or subject to review in three years, rahich ever was the shortes� length%of time. Mr. Rotter said he had no objection to this. . • MOTION by Drig��ns, seconded by L.indblad, that the Planning Commission close tiie Publi,c Itearing on the request for a 5pecial Use Perr�.it, SP #74^1�9, by Michael Rotter. Upon a voice vote, a31 voting aye, th� moi:ion carried unanimously. 0 . � -��7^;w v� . I e V � � . � > � e � . P7_anning Coii�missic�n M��ting - SeptemUc�r 25, 1974 - : �P�q� II 10 � MO'1'ION by Lindi�yad, seconded by Ilarris, that thc Planning Commissio:� i recommend to Council, approval of the request for a Special Use Permit, � SP �174-14, hy rlichael B. Rotter, �er Pridley City C'vde, Section 205.102, 3, N, to permit Mobile Nome Sa1es in a C-2S District, to be located on the Westerly 329.3 feet of part of the Soutl�eas.t Quarter of the Nortl�west Quarter of Section l2 (Parcel 47f30), the same beinq 7355 liigl�way #65 N.E., with the following stipulations: 1. A Special Use Perrnit to operate a mobil�e home sales 1ot is . given only to 1dic1�ae1 B. Rotter as an individual and he wi11" be tlae operator. of the business. If the business clia��ges hand.s • ,or he no longer is majority owner and operator of the business, the perrnit wi11 be nul.z' anc� void, and ��ould have t•o be reviet��ea by the Cit� Council before transfer. 2. The office trailer wi11 be blocked on concrete`blocks and the ' base wi11 be s3�irted with aluminum. Tl�e office wi11 be con- nected �o utilities; such as, �3ater, sew�r, gas and electra.city. 3. � Two restrooms wiZ1 be installad in the office for t1�e public's use. � • ' The office trailer to be taxed as a permanent structuree 5. There will be no permanent residents ii� the mobile homes and. no repairing or storage of dar,iaged trailers. � 6. �� f j �% � `,fi � ��. � ��,. 8 . There wi.Z1 be a�minimum of ZO feet of space between the trailers. . The public and employee.parking lot area to be blacktopped by October 1, 1975. . Provide a screening fence alonq the North property line. Precas..t curb k�i11 b� put a.Zong the entrance and along the parkir�g area tor customers. 9. The land wi11 be kept clean and free of debris, junk and ,� unsiqht_Zy materi.a.Zs, and a1I gr.een areas wi11 he kept free of weeds,cut and we1.Z groomed. • �10. There wi11 b� no washoi2t.s on the property due to surface d.r.ai_��age and if tl�ere are any, these wi11 be fi�Zed and taken care of imined i.a te1 y. . _ 11. Lighting, Iandscapin_q, and plot plan be approved by ihe Bu.ild.ing Sta��dards-Design Contro.Z Subcomm.itiee. .Z2. A11 signs wi.Zl comp2y wi�h the requirements of the Sign . O.r.dinanc�e. . . I, , ).3. T1�.is Special Use Permit be issued f.or. a maximum of tl�r�e years or to run co��currentJ.y with tl�e lease, c:�hich eve2- is 1ess. . �.�. ( y`. �� ✓� f7 cn ,_� �,�C' , � I�PON a vvz�� vote, aII voi:.ing aye, th� motion carried unanimausly. � 1 • ' 1 � _ . _ i.,y' �� v r vvc•. �T � . .. . . Mayor Liebl said there are 13 stipulation in the minutes of the Subcommittee. The City h1anager said these are the Council's stipulations that had been approved � with the issuance of the special use permit. He-said the Administration would , be negotiating with the Hospital for the 1ease of some property on �he southeast corner of the property. Mayor Liebl said the City is not buying the land, but only leasing it. The �� City Attorney said there are restrictions against selling the land, it must be leased by the City. Councilman Breider questioned the City Manager asking if it was ��is intent to hold up the building permit until some agreement is reached on the lease of the property. He said he would want it understood that this was not to be done. The City Manager said he had talked to Mr. Haines,from the Hospital that day and he had said he felt this could be worked out. Councilman areider said he felt this construction was very good for the City / and would work out very well. He said he did not tvant the building permit to be held up because of the agreement on the park. He asked if this was understood. � � � � �� Mayor Liebl said he aareed with Councilman Breider's remarks. ' MOTION by.Councilman to concur in the request with the l4 stipulations. Seconded � by Councilman Utter. Upon a voice vote, all voting aye, h1ayor Liebl declared 1:he motion carried unanimously. . - . u 0 SIDERRTIOP! OF A R FS SITE: LCCATE� EOUES7 TO ALL04! THF O�d THE 4�1ESTERLY 32 �TER OI= SECTIO�I 12; f�lIf�"!ESOTA. REOUES r.� i ra��!F.SOT � 55712 ABLISHP�IEfvT OF A PrtOBILE HOME SAi•�E BEItlG.7355 HIGHh!,qY ;,=b5 fiICNAEI. 8. ROT"fER, 2180 ERI ..___-...._._..__...n�---s'' f � 10D � � : � The Public blorks Director said he had re�diewed this matter and the stipulations with the staff. He said it was their.opinion with the amour�t of lar,dscaping and blacktop that had been done, it would be their recommendation that a performance bond be provided by the applicant for this work. He said if this work is not clone after a certain amaunt of time, the City would be able to complete the work� and charge it i:o the bond. Mayor Liebl asked if this could be done with a written agreement rather than the performance bond. He asked Mr. Michael Ratter if it would be feasible with him. Mr. Rotter commented he would furnish an agreement in writting. Cottncilman Starwalt asked htr. Sobiech if he recommended a two year period of time and t+lr. Sobiech said he would like this iime to be concurrent with the time.allotment in the stipulations. Mr. Rotter explained that he would like some action to enable him to begin prepar- ation for the final agreement on the property. He said this had not.been leased at the present time because he was waiting for approval of the Special Use Permit. Ne said he would not begin this winter, he would.plan to do this work in the spring months. N�ayor Liebl expressed the feeling that the Special Use Permit is only effective for three years and with the stipulations, this would be a great expenditure for i:his short period of time. MOTION by Councilman Starwalt to approve the Special Use.Permit with the 13 stipu- lations as reconunended by the Planning Commission and that a signed agreement be furnished for the completion of the landscaping and blacktopping of the area. � i " The City Manager said everyone else in the CIty has been required to furnish • a perf�rmance bond, this is a requirement of the City's ordinances. He said it � would be the Council`s prerogative to waive this requirement in this case. SECONDED by Councilman Utter. , s � � i � . � y �' ' Councilman areider asked when the starting date of the usage of the Spec9al ,► � Use Permit would be. 1ie stated if the business would not be operational until . next spring, this would be some wasted time if i:he permit were granted ai: the present Ii �s__ � i � L_.i � L� LJ � s Mr. Rotter answered he would ask for the Spec� al Use Permit to start upon ' signing of the le.ase, he asked if this would be feasible. The City Manager again expressed the view that the prrformance bond is required by ordinance within the City Code zoning requirements. The City Attorney said the Council should stipulate the amount of the bond.� The City Attorney said this should be in the amount of the blacktopping �vork. The Public Works Director said this would be approximately $1,000 to $1,500. The City Attorney said this would cost the applicant approximately $100 to $150. MOTION by Councilman Starwalt to amend the original motion and stipulate that Mr. Michael Rotter provide a performance bond for the blacktopping. Seconded by Councilman Nee. Upon a voice vote, Counci7man Utter voting aye, Councilman Nee voting aye, Councilman Breider.voting aye, and Cauncilman Start��alt voting aye, and P1ayor Lieb7 abstaining, Mayor Liebl declared �he motiorr carried four in favor and one abstention. UPON A VOICE VO?E, on the original motion, Councilman Breider voting aye, Councilman Starti�alt voting aye, Councilman Utter voting aye, Councilman Plee voting aye, and P1ayor Liebl abstaining, rlayor Lieb1 declared the motion carried four a.yes and one abstaining. MOTION by Councilrnan Utter to allow the establishment of a t4obi7e Homes Sales Operation. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. MOTIOtJ by Councilman Greider to receive the Minutes of the Bui7ding Standards- Design Control Subcommittee h1eeting of October 10, 197�. Seconded by Cauncilman Utter. Upon a voice vote, all vo�ing aye, �layor Lieb1 declared the motion carried unanimously. RECEIVING 7HE NINUTES OF 7HE BOARD OF APPERLS MEETING OF OC70BER 15, 1974: REQUEST FOR A VARIP,I�Ct OF�SECTIOP! 205.053, 4, Q4, FRIDLEY CI7Y CODE, TO REDUCE � HE MIfdIT;�Ut�1 SIDE YA�RD SLT��'\CK AUJO?I�;IIva AN HTTP,GFiED ACCESSORY EUILDIMG, F'ROi�I 5 E� ET TO 3 FEET PL.US O;z i�1I�lUS TO ALLO�,' THE CC'r,STRUCTIOfd OF A GREE�!, OUSE OPyTO ' � �TNE SIDE OF A Dl��ELLING 1315 66TIt AUF�;UE i�. E. " 31� 66TH AVt�dUE, FRIp �� H The Public 4lorks Director said the Board, of Appeals had recommended approval of the variance, which �•�as to reduce the side yard setback from 5 feet to 3 feet. He exp1ained the applicant �aanted to install a greenhouse in this area. Councilman Starwalt said he had talked to the neighboi°s and they did not object ta this. . MOTION by Counci7man Starwalt to approve the request for the side yard variance from five feet to three feet to allow the installation of a greenhouse as requested by Mrs. Betty Mech. Seconded by Councilman Utter. Upon a vo9ce vote, all voting aye,.Mayor Liebl declared the motion carried unanimous7y. RE� UQ EST FOR VARIANCES OF -IET SE7E�ACK FOR O�F-SiRE EE�1'b—ALLO!J PAVING UP it;!(: TNCT SECTION 205.135, 1, E1, FRIDLEY CITY CODE, TO REDUCE- PARKI�dG. FROi•1 Z� FEET FROi�'1 TH[ FRONT LOT LI �E 70 ZER� SI ��, MOTION by Councilman areider to approve the variance as requested by Michael Bizal for 78II0 Ranchers Road N. E. Secor�ded by Councilman Utter. Upon a � v�ice vote, all voting aye, Mayor Lieb] dec]ai°ed the motion carried unanimously. ' REQIIfST F0f2 A V61}2IANCE OF 5[CTION 205.053, 1I3, FRIDLEY CITY CODE, TO RL-DUC� THE MI ]PtUM LO f�E ItLQU1TLD—, a�1V1�T5��6T215t6-i��F'�Tz�DT�T'i�,. ., ��, -� i . �6 S:C��T1TtT�T�T.'T-T� .,� � . ZTICI�rTT�T,_TD�7�LIZTIl�Tlli�"CTJ�T�tT1TCTIDTTUF�il�T1ELLTTIG ON COTS �� 5 ANU 1G,_[3LOCK 1�, RIVERVIEW ifEIGHiS THC_.SAI�IE [SEING 531 �/1IKt�iONT STREET'�VURI'N- • 10 E i ; s- ; t � � i � � t CITY OF FRIDLEY MEMORA�V DUM T0: NASI:M P��, QURESHI, CITY P9ANAGER, AND CITY COUNCIL � FRO"9: N1AR1lIN C, BRU��SELL, ASST. CITY MGR,/FI�d, DIR. SUBJECT: INSTRUCTIO�JS FOR CIRCULATING INITIATIVE, REFERE�VDUM AfJD RECALL PETITIQNS DATE� AUGUST 15; 1975 I: have drawn up instructions•for the circulating of Initiative, Refe rendum and Recall Petitions as requested by tfie Council. These instructions f�ave 6een sent to tfie City Attorney for his anproval. , Please see�the letter from t�Jr, Herrick, dated August 5, 1975, for his comments. MCB:sh 0 11 MEMOI2ANDUM To: Marvin C. Brunsell, Assistant.City Manager/Finance Director � From: Virgil C. Herrick, City Attorney ��-Z.�--� Re: Instructions for Circulating Petitions Date: August 5, 1975 I have reviewed your memorandum of July 29, 1975, together with the attached ins.Cructions for persons circulating .petitions. I believe that the instructions are accurate and adequat�. ' In reviewing the section of_the charter relating to recall (Section 5.13 through 5.18), a serious question arises. Tfie charter provides that a recall petition must be signed by 25 percent of the total number of registered voters. Nowhere in the.charter does it say that if the recall is for a ward councilman, the signatures must be of voters of that ward. The charter does not provide that if the recall election is for a ward councilman seat, the people eligible to vote in an election must be within the designated ward. It would apgear to me that this would be a good item to refer both to the Charter Commission and to the City Council. If you are going to present your instruction.circulars to the � Council for their approval, I would also request that you atGach � this memorandum and include it in the council agenda when these items are discussed. VCH:JLH 0 � 11 A � • _ �� • . I G A I ITIATIVE PETITION INSTRUCTIONS FOR CIRCULATIN N N ll � B �1 � . � 1. Any five registered voters may form themselves into a committee ��for the initiation of any ordinance except for an ordinance ap- . , propriating money or authorizing the levy of taxes (see Section • . 5.01, Fridley City Code.) � 2,� Be_fore circulating any petition, the committee must file a veri- fied copy of their proposed ordinance with the City Clerk along �. with a list of their names and addres�es as members of such a committee. 3. 3he comrnittee m�st also attach a verified capy of the proposed iordinance to each of the signature papers along with the com- ' mittee names and addresses as sponsors. . � 4. The number of signatures required must be equal to at least 10% of the total.number� af rcgistered �Joters as of January 1st �f that year. � , 5. Only the signatures of registered vot�rs are cc,unted. . 6.� Each regis�er�d voter must sign his ar her own name. ' A erson cannot si n th� name of their s ouse, daughter or son, 7. p 9 P ' etc. - a. The person should sign�their name just as they signed it on the registration card. . , 9. Sign as Mary Jane Jones not Mrs. Robert Jones. 10. The circulator of �he initiative petition must aitest to the ' fact that the signatures were made in his/her presence and are the genuir►e signatures'of the persons they purport to be. ' 11. All of ihe signature papers shall be fii1ed in the City Clerk's office as one instrument. �_ J , _ , ' , � . , _ _ _ _ _ _ � � . . , � ' INITIATIVE PETITION . • 11 � •Proposing an ordinance to � � � , a copy of which orclinance is hereto attached. This ordi- � nance is s nsored b the followin corrunit�tee of electors : P� Y g � � NE1ME ADDRESS . � l. � � 2. , . _ � 3: . . . . 4. � � � 5. . _ � �The undersigned electors, understanding the terms and the nature of the orclinance hereto attached, petition the council for its adoption or, in lieu thereof, for i�ts submission �to the electors for their approval. - � N� . ADDRESS 1. � . ' 2. ' � 3� . �• , 5. � 6. . . 7. . � . � 8. 9. � ' 10. • � 1 ��. Z2. � - . � 13. � 14. . . � ' � .15. � � ' 16. . _r . .. ... .. 1VHC1� - ,�.��,.._.,...� - _ o ,- . . . � i�. � � . ll D 18. ! - � 19. � . ,20 . ' 21. . ' 22. 23. � 24. 25. • � 26. . � 27. . 2 8 . � ___. _... � '� 29. � . ' 30 . . _.�.. �31. • � 3�. --- — 33 . ._._ — -- — ' 34. . . — . 35. . � 36. ' � ' ' 37. . 38. � ' 39. • � � �c0. � 41. . ` 42: . , 43. , 44, . . � . 45. � . . 46. � � 47, . . . . ' . 4s. ' � � � . 11 E , . . . 49. - . � ' S0. . . ' . a hat he is the , be�ng duly sworn, deposes an1 s ys t ''' circulator of the foregoing petition paper containing signat�s and that the signatur�s � appended thereto were made in his presence and are the genuine signatures of the persons '' whose names they pur�ort to be. '. � � . . - . � � . � • . . 1 ' � 1� � - 1 � � 1 � , �� 1 -� 1 . �. 1 . .� 1 � � , � . 1 1 � . . . . . . . 1 . . 1 . � � . , . . �^ t 1 INSTRUCTIONS FOR CIRCULATING A�2EFERENDUM PETITION '' - 1. Any five registered voters. may form themselves into a committee for the repeal of any ordinance except for an ordinance appro- , priating money or authorizing the levy of.taxes (see Section 5.01, Fridley City Code}. This must be done prior to the date �' 11 when an ordinance takes effect. 2. Before circulating any petition, the committee must file with ;'. the City Clerk's office a statement calling for the repeal of the named ordinance and a list of their names and addresses as members of such �► committee. 3. The committee must also attach a statement o� repeal of th� � ordinance along with a list af the committee members namcs and addresses as spar►so�s to each of the signat«re papers. 4. The numk�er° of sigr�a'tures required m�st be �qual to a�: 1e�si: 15% of the total numbei�- of registered voters as of January ist of � that year. �. 5. Only the signatures of registered voters are caunted. 6. Each registered va�er must sign his or her own naine. 7. A person cannot sign the name of their spouse, daughter or son, etc. 8. The person should sign their name just as they signed it on the , registration card. 9. Sign as Mary�Jane Jones not Mrso Robert Joneso . 10. The circulator of the referendum peiition must attest to the fact that the signatures were made in his/her presence and are the genuine signatures of the persons they purport to be. 11. All of the signature papers shall be filed in ihe City Clerk's office as one instrument. ��1 F , - - - - - • 'RE�ERENDUM PETITION ' . • � �. '�Proposing the repeal of an ordinance to 11 G � , a copy of which orclanance is hereto attached. The pro- posed repeal is sponsored by the Following corr�n.ittee of electors: � � , �ME . ADDRESS � l. .. � 2. ' � 3 • . __.. � . - . �. � . ' S , . �..._ �The under.signed petitioners, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the city, petition the council for its submission to a vote of the electors for their approval or disapproval.. _ ' NAME . . 'ADDRESS , 1.� '2. . . . �3, � . . � � : .. � � . 4. . ' S. - . - ' • 6. � � ' 7. � � , . ' � 8. . . • 9. � � � � � 10. • • . 11. � ' • � � a2. � . . . . ' �3. . , ,. .. 14. . . . • . . I 15, � � `' l6. � . . , . .. ... .. ...... .. I . s . � � INSTRUCTIOPlS FOR CIRCULATI��G A RECALL PETITION 1. �Any five registered voters may form themselves into a committee for the recal] of any elected officer of ihe City of Fridley. 2. Before circulating any petition, the committee shall certify to . the City Clerk the name of the officer whose removal is sought, a statement of the grounds for removal (this cannot be more than 250 word� and their inten�ion to bring about the recall. The committeE names and addresses must alsa be certified to the City Clerk`s office. 3. The cor�mittee must also attach an identical copy of the certi•-' ficate as that f�iled with the Cit,y Clerk to each signature paper. (Remouai statemEnt and committee names and addresses) 4. The numk�er o� signatures required Enust be equal to ai: least; 25� of thE total nun�ber of registered vo�er•s as af Januury lst of .• that year. � 5. Only the signa�ures of registered voters are cour��:ed. 6. �ach registered voter must sign his ar tler ot�rn i�ame. 7. A person cannot s.ic�n the name of their s�ouse, ciaughter or son, etc. . S. The person should sign their nam� jus�G as the,y siyned it on tl�e registration carde � 9. Sigrr as Mary Jane Jones not Mrs. Robert Jones. 10. The circulator of the recall, pet�tion must at�;�st to the fact that the signatures Yrere made in his/her presence and a.re� the genuine signatures of the persons they purport 1:o be� 11. All of the signature papers shall be fi1ed iri the C•ity Clerk's office as one instrumen� within 30 days after filing the ori- ginal certificate. � 0 ll I�I , 0 ,, , ' . • RECALL PETITION , . , . �.1 I ', Proposing the r�call of _ from his office as ' � which recall is sought for the re�sons set forth in '' the attached certificate. This movement is sponsor�ed by the followirig corruni.ttee of I � el.ectors : , . � N� ADDRESS , 1. ._ . . ._._____.. .. - - . . , 2. . 3. . _ _.... �. � ' 4� — . . • . 5. � _ . � - ' The undersigned electors, unders�anding the nature of the.charges againsi the officer h�rein sought to be recal.led, desire the holding of a recall election for tha.t purpose. � , NAt`1E . � . ADDRESS ._ 1. . . �2. . � 13� _ . :' ' . 4. . . : , 5. � � - . . • . - 6. . . . � �, � . ' . . �8. • ' 9. � � •� • ,,10. . " 11. .� • � � . � - � • � a2. . . . ,13. ' . � • • . � 14. •' , � � ' • � ' � ' 15. 116. •. ' ' . . . , , .. ... :......... . . ' RESOLUTION N0. 1975 � IZ � ' � , A RESOLUTION SETTING THE CITY PRIP1ARY ELECTION FOR THE 9th DAY OF SEPTEMBER 1975. • WNEREAS, the City Clerk of the City of Fridley has reported that four candidates have filed with his office for election to the office of Council- man Third Ward. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the Charter of the City of Fridley (Chapter 4, Section 4.03 as amended), the Council hereby provides for and calls the Primary Election�of the City of Fridley to be in the City of Fridley on Tuesday, the 9th day of September 1975, at which election, electors of the City shall vote and cast a ballot with respect to the office of Councilman Third Ward, and thereafter the two candidates receiving the highest number of votes for such office at such election, shall be deemed the candidates for the office to be voted upon at the Regular forthcoming General Election to be held on November 4, 1975. � That the City Clerk shall give at least 15 days notice of the time and places of holding such election, the names of the�candidates who have filed, and of the ' offices to be elected, by posting a notice thereof in at least one public place in each voting precinct, and by publishing a notice thereof at least once, prior to said Primary Ele.ction, in the official newspaper of the City. �� , The polling places for said Primary Elect�on shall be as follows: LJ � Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Riverwood School 7150 East River Road Stevenson School 6080 East River Road Roslyn Park L�esleyan Church 5300 6th Street • That the polling places will be open from 7�.00 A.M. to 8:00 P.t1. on said date. �� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ' , �1AYOR - WILLIAM J. NEE � ATTEST: ' � ' ' � CI�' Y—CLERK - MA�VIN C. BRUNSELL �� - � � CI;TY OF FRI DLEY MEP90R.AN DUM. T0: NASIl7 P9, QURESHI , CITY P�IAVAGER, AND CITY COUNCIL FROP�1: MARI/IPJ C. BRUNSELL, ASST. CITY 1�GR./FIN. DIR. SUBJECT: ELECTION JUDGES FQR THE SEPTEMBER 9; 197� PRIMARY DATE: AUGUST 14, 1975 � The suggested appointments of election judges for the September 9, 1975 Primary Election hav� 6een taken from old lists provided by the parties as they have not provided a new list for this �election. MCB : s h � 0 � l3 , ' � � ' ' RESOLUTIO�t'N0. .1975 RESOLUTION DESIGNATIrdG POLLING PLACES AND APPOIP�TI.P�G ELECTION JUDGES FOR THE � SEPTEtdBER'9, 1975 PRIMARY ELECTION. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, a-� a regular meeting �chereof on SECTIOPJ 1. That on the 9th day of September, there shall be an election for the purpose of voting on the following: COUNCILMAN THIRD WARD ' � SECTION 2. That the polling places for said election shall be as follows: r ' SECTIOf� 3. � SECTION 4. , I � ' ' Ward 3 Precinct 1 � Riverwood School 41ard 3 Precinct 2 Steuenson Schoo� Ward 3 F'recinct 3: Roslyn Park LJesleyan Church That the polling places will be open f�om 7:00 A.M. to 8:00 P.M. � That the following people are her�by ap�ointed to act as judges for said election except that tf�e Cii:y Clerk is hereby.authorized to appoint qualified substitutes in case's of conflict of interest as set forth in Chapter 4, Section 4.05 of th2 C-ity Charter� or � cancellation by judges. WARD 3 PRECINCT 1 *Yvonne Sprungman Betty Bonine Naida Kruger Janet Crego Joan Pa1mquis� Iris Reiser WARD 3 PRECINCT Z D� 8115 East River Road D 601 Glencoe D � 72s Rickard R 7854 A1 den �Jay R 139 �len Creek Pat°kway R : 124 .Glen Creek Road *Pat Dittes R Darlene Vallin R Alene Johnson R Barb Gohman D Delores Christenson D Pat Gabel D WARD 3 PRECINCT 3 *Helen Treuenfels D , Alice Blake D Jean Johnson D Sharon Reemsta R Jean Jackson R L:i nda Tatl ey R 6291 RiVerview Terrace 159 63 �/Z Way. 6490 Riaerview Terrace 51 62nd Way 173 Rivers Edge Way ' 5947 2 1/2 St. 5248 Horizon prive 5044 3rd St. 136 Norizon Circle 101-53rd Avenue 4�51 2 1/2 St. 115 Horizon Circle 571-1354 786-8321 571 ��0934 57� �-3205 571=769£3. 571=$471�. 560-3�53 560-2707 560-1630 560-1564 560-5959 571-1288 560-5907 560-4096 . 5�0-5257 560-6933 . 560-6959 560-3771 SECTION 5. That the following judges are appointed to act as chairmen of the Elect�on Board for the precincts designated and shall have the duties set forth in Section 203.23 of htinnesota Statutes. Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Yvonne Sprungman Pat Dittes Helen Treuenfe1s 13 A 0 Page 2 Resolution � �� 1975 Continued 1 , � � �3 B. SECTION 6. Compensation_for said Judges will be paid at the rate of $2.00 I, per hour for the Regular Judges and �2.50 fro the Chairmen of the Election Board. � '� � PASSEQ AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � DAY. OF , 1975. � . � . � . MAYOR - WILLIA�1 J. NEE� � � ATTEST: . . � . � -t�}ARVIN C. BRUNSELL - CITY CLERK � i . 1 �. � � � � 1 � 1 � . � � 1 � . �. � � � � 1� � .: 1 � � .. 1 � �� _ f � � � �. 1 . � � � � - � �. � � . 1 ��i �� . . . . . _ __ i � � � � � '' . , • l�� - - . � I . � �1 � � � � 1 - � � ' CI.TY OF FRIDLEY � � � ' P9 E M O R A N D U P+1 �: ' ' T0: NASINJ M. QURESNI, CITY P9ANAGER, AND CITY COUNCIL . . FROM: N1AR11IN C. BRUNSELL, ASST�, CITY P�IGR. /FIN . DI R. ,' SUBJECT; BALLOTS �OR TNE SEPTE^1BER 9, 1975 PRI��ARY ELECTION DATE: AllGUST 15� 1975 , � � ' • � The attached a�sentee ballots have 6een designed according to � the Minnesota Election Laws6 They are given to you for ' informational purposes,� The names will be rotated according • to law, � ' � � . I�CB,sh . , . . � , - � � . . . ' � , , � � � ' . � � . . . i . . • ' . . . , _ . .� - —._------ . . �� :' ��" +^.'�x� � � - � . � r�• "�� x � � d t�' � � � '� �'.?'1f''a'� � � • � ' r � � Z� , � � � �- I.t] " � �.' a� ' � �q."-".'� �,w.�i o U � � +v;��rs,i •�-- `� �ta_ __.: � +-� i , � ,-wq � �� t; U '� '• •�k:,al..`�y� 6�% � � � lii. � c GY� W : F— �' �� i �� LU � R� ��Fi``� ' � � v Q � t`'�'�'�'3 2� .� C.9 � ' ��,, � � � � � . ..� �.� a � � i ��- � � � �.. � . �.��,.'.�r.�___ ... � � ~ . � �� 1 � . i � � 1 _. .. � ; �� i . �I I ... .: . t �' \'.....:� � .Y � f� . �!•'"'� CJ �"' �; � �� . � � � --- �__w, � .-� � � U a , �,°�>_� � ,o � � �"s+r?'1 � U m (' �� ri � �, � w. �. F" w � �- �� L z � �� . � �~-'� i�"�" ,� ` � i' -- � � Y B ' � �'� � � w t � . G � �": "!!°'�' Q � . ' �� . ' � ' . •. i �df i H. � n! r_ Q � .�, � � V; � O U A � � � � Ir '� M � w ` ..0 H C �I�I h' � �I �+ �� Q � ci � �f � J � ' w UL � w . i � i a �^ ' . 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V • i � Y ` N � U. � U � � � ; ,, l4 B 0 � 0 � RESOLUTION N0. - 1975 � 15 A RESOLUTION AUTHORIZI��G AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMEi�TS ON , PARCEC 30, LOT 2 AND PARCEL 40, LOT 3, BLOCK 2, EAST�RANCH ESTATES 2ND ADDITION WHEREAS, certain special assessments have been levied with respect to certain land ��and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Parcel 30, Lot 2, And Parcel 40, Lot 3, Block 2, East Ranch Estates 2nd Addition, may and shall be apportioned and divided as follows: Or�ginal Parcels Lot 2, Blk 2, Parcel 30 East Ranch Estates 2nd Pt of Lot 3, Blk 2, Pa East Ranch Estates 2nd Division of Parcel App Lot 2 Ex S.173.99' af Blk 2, Parcel 30, East Estates 2nd 0 S.173.99' of E.200' of N.126.01' of E.200' of Blk 2, East Ranch Esta 1 40 �l �� nch t2& t 3, 2nd � Lot 3�Ex. S.204' of E.200' & �Ex. N.126.01' of E.200') Blk 2 East Ranch Estates 2nd �und Reg SA SW #93 1964 S.C. SW&SS #102 St 1973-1 St 1973-2 SS #102 Reassmt SS #114 Reg SA • SW #93 � 1964 S.C. S4�&SS #102 St 1973-1 SS #102 Reassmt SS #114 Reg SA SW #93 1964 S.C.. SW&SS #102 �� St 1973-1 .St 1973-2 � SS #102 Reassmt SS #114 Reg SA SW #93 1964 S.C. SW&SS #102 St 1973-1 St 1973-2 SS #102 Reassmt • SS #114 Reg SA S4J&SS #102 SS #102 Reassmt SS #114 � ADOPTED BY THE CITY COUNGIL OF THE CITY OF FRIDLEY THIS OF . _ 1975. � ' ATTEST: � CITY CLERK - Marvin C. arunsell MAYOR - WILLIAM J. NEE Original Amount Paid $ 2,607.35 1,541.10 4,005.51 6,520.50 583.20 227.68 4,228.11 Paid 1,216.66 588.42 3,635.42 � 3,042.90 210.86 3,494.26 31,901.97 Paid , $ 927.05 547.94 2,983.51 2,318.40 � 207.36 174.36 2,762.42 Paid 2;896.96 1,581.58 1, 717 .�52 7,245.00 375.84 88.10 2,586.59 Paad 2,939.90 »s.os 2,373.36 31,901.97 DAY I � � , . � � . . 15 A. � . . II � M M T0: NRSIM URESHI CITY MANAGER, AND CITY COUNCIL EO Q , I ' FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DI•R. . � . �' �SUBJECT: RESOLUTION SPLITTING SPECIAL ASSESSMENTS ON l.OTS 2 , AND 3, BLOCK 2, EAST RANCH ESTATES 2ND ADDITIOfJ. � � . . DATE: AUGUST 13., 1975 � . . . I � The splitting of the above listed properties for the Resolution �i � on the August 18, �975 Agenda have previously been approved by . , � by the City Council and have been recorded at Anoka County. � � We are now requesting that the special assessments be split. ' � � � MCB/eh � . � � � . � - . � � � . � � ' � � ' � . � - I , � � • � � . . _ _ . � .. ' LIST OF LICENSES TO BE APPROVED BY THE CITY COUNCIL" AT THE MEETING OF AUGUST 18, 1975 _ _ � �. _ - . � � � TYPE OF LICENSE BY APPROVED BY FEE _ I — — — 1 � . GARBAGE PICKUP �---- — � Art Willman and Son Arthur Willman Health Inspector $45.00 5i-28th Ave. North � Mp1s.,MN 55411 � McKni ht Truckin Inc. 9 9� 424 South Concord Street � So. St. Pau1 , MN Suburban P�ckup Service 3800 Restwood Rd. Circle Pines, MN 1 Walters Disposal Service 2830 101st Ave. N.E. , Mpl s . , P9N 55434 � '. � � � � ' � . � . I � . • Harry K. P9cKnight Health Inspector Jack Gallagh�r Health Inspector John Walter 0 0 Health Inspector 45.00 45.00 45.00 17 � ' . � � . . l7 A, � . f MULTIPLE DWELLING LICENSES TO BE APPROVED: � !� Period September 1, 1975 to September l, 1976 � OWNER � ADDRESS UNITS FEE �APPROVED BY: I .[�im. L. & Donna E. Zaier 5761 - 2nd St. N.E. � 3 $15.00 R. D. Aldrich, 6556 Central Ave. N.E. Fire Prev. I Fridley, Mn. 55432 I iJohn A. Swanson 5770 - 2nd St. N.E.- 8 15.00 R. D. Aldrich, 5835 Central Ave. N.E. Fire Prev. i Fridley, Mn. 55432 �Berton N. Cross 5801 - 2nd St: N.E. 4 15.00 ' R. D. Aldrich, c/o Peterson & Kalina, Chtd. Fire Prev. � 556 - 40th Ave. N.E. I � Mpls, Mn. 55421 Glenn Barrott 5830 - 2nd St. N.E. 4 15.00 . R. D. Aldrich, ��530.- 120th Lane N.W. Fire Prev. Coon Rapids,.Mn. 55433 Roger & E�.eta Blesi 5848 - 2nd St. N.E. 8 15.00 R. D. Aldrich, � Ralph & Eleanore Ward � Fire Prev. 2812 - 64th Ave. No. Mpls, Mn. 55430 _ . � Rogers Properties 5851 - 2nd St. N.E. 11 16.00 R. D. Aldrich, 6S21 - 50th Ave. No. Fire Prev. � Mpls, Mn. 55428 . ' Otto G. Tauer 5866 - 2nd St. N.E. 4 15.00 R. D. Aldrich, 5866 - 2nd St. N.E. .. ' Fire Frev. � Fridley, Mn. 55432 � John & Lucille Calguire 6008 - 2nd St. N.E. 4 15.00 R. D. Aldrich, 2018 - 36th Ave. N.E. Fire Prev. Mpls, Mn. 55418 � ' . ,,Robert J. Bauman 6061 - 2nd St. N.E. 4 15.00 12. D. Aldrich, 6046 - 2 z.St. N.E. Fire" Prev. , Fridley, Mn. 55432 .� j� Walter & Mary Sinner � 6511 - 2nd St. N.E. 4 15.00 R. D. Aldrich, 4427 Monroe N.E. Fire Prev.. Columbia Heights, Mn. 55421 - II � Paul M. Johnson 6525 - 2nd St. N.E. 7 15.00 R. D. Aldrich, 3925 Shamrock�Dr. N.E. Fire Prev. Mpls, Mn. 55421 • � • � . Lynn D. Hansen 6530 - 2nd St. N.E: 4 15.00 R. D. Al.drich, �210 - 67th Ave. N.E. Fire Prev. Fridley, Mn. 55432 1 •. . _ . I , . . . . ' Page 2 . 17 � •MULTIPLE DWELLING LICENSES TO $E AJ.'PROVEA: � � Period September l, 1975 to September 1, 1976 I� OWNER ADDR.ESS UNITS FEE APPROVED BY: Darold D. & Ruth E. Johnson 6541 -.2nd St. N.E. 5 $15.00 R. D. Aldrich, 4216 - 7th St. N.E. Fire Prev.. [ �Mpls, Mn. 55421 � � Jerry Gui.mont 6551 - 2nd St. N.E. 7 15.00 R. D. Aldrich, �2187 Lakebrook Dr. Fire Prev. New Brighto , Mn. 55112 ,Marvin C. E ickson 5770 - 22 St. N.E. � 11 16.00 , R. D. Aldrich, 2424 - 119t Ave. N.W. Fire Prev. . . Coon Rapids Mn. 55433 �?;lbin Johns n . 5800 - 2Z St. N.E. 4 15.00 R. D. Aldrich, 6824 Ewing o. Fire Prev. Mpls, Mn. 5429 � _ � " LAlbin John n � 5810 - 22 St. N.E. . 4 15.00 R. D. Aldrich, see above dress �Fire Prev ; ' Paul K. La inte 5820 - 22 St. N.E. 4 15.00 R. D. Aldrich, 1528 McAfe St. Fire Prev. � St.; Paul, . 55106 � John H. Ou 1lette 5901 - 22 St. N.E. 4 15.00 R. D. Aldrich, 848 - 82nd ve. N.E. � �Fire Prev. � Spring Lak Park, Mn. 55432 � J. W. Lind olm 5924 - 2'� St. N.E, 7 15.00 R. D. Aldrich, � 2529 Parkv ew Blvd. . Fire Prev. Mpls, Mn. 55422 Dale Knott 5980 - 2% St. N.E. 7 15.00 R. D. Aldrich, � 3945 Rese ior Blvd. ' Fire Prev. Mp1s, Mn. 55421 • . � Robert J. auman 6060 - 2% St. N.E. 4 15.00 R. D. Aldrich, . 6046 - 22 t. N.E. Fire Prev. Fridley, M . 55432 _ � John Mezze ga 4901 - 3rd St. N.E. 7 15.00 R. D. Aldrich, 1401 �fissi sippi St. Fire Prev. � New Brightpn, Mn. 55112 • . I Arnold C. �lmquist 4913 - 3rd St. N.E. 7 15..00 R. D. Aldrich, 8140 Long Lake Rd. N.E. Fire Prev. I � Mpls, Mn. 55421 . i Arnold C. Elmquist • 4921 - 3rd St. N.E. 7 15.00 •R. D. Aldrich, I� see above address ' Fire Prev. . . � � . I, � Page 3 17 C� � MULTIPLE D[dELLING LICENSES TO BE APPROVED: j� � . Period September 1, 1375 to September 1, 1976 OWNER ADDRESS UNITS FEE APPROVED BY: 1 Arnold C. Elmquist 4939 - 3rd St. N.E. � 7 $15.00 R. D. Aldrich, 8140 Long Lake Rd. N.E. Fire Prev. , Mp1s, Mn. 55421 , Arnold C. Elmquist 4949 - 3rd St. N.E. 7 15.00 R. D. Aldrich, � see above address Fire Prev. John Miller 4965 - 3rd St. N.E. 11 16.00 R. D. Aldrich, 5015 Univers.ity Ave. N.E. Fire Prev. � MpZs, Mn. 55421 ' � W. W. Untinen SQ25 - 3rd St. N.E. 11 16.00 R. D. Aldrich, � c/o Ude11 Larson Fire Prev. 6848 Knoll.St. Mpls, Mn. 55427 . � Duayne Roepke 5035 - 3rd St. N.E. 7 15.00 R. D. Aldrich, 4533 Lakeland Ave. No. Fire Prev. ' Mpls, Mn. 55422 Mervin L. Byrne . 5955-65 - 3rd St. N.E. 4 15.00 R. D. Aldrich, 5955 - 3rd St. N.E. Fire Prev. ' Fridley, Mn. 55432 � . Richard Welk 5974 - 3rd St. N.E. 4 15.00 R. D. Aldrich, � 4090 Decatur Ave. N. � Fire Prev. New Hope, Mn. 55427 Elliot V. Benincasa 6051-53-55 - 3rd St. N.E.. 3 15.00 �R. D. Aldrich, � 6063 - 3rd St. N.E. . Fire Prev. Fridlay, Mn. 55432 �Elliot V. Benincasa 606Z-63-65 - 3rd St. N.E. 3 15.00 .R. D. Aldrich, see above address Fire Prev. ,Roland E. Waller & 6071-73 - 3rd St. N.E. 3 15.00 R.�D. Aldrich, Richard Veth 290 - 61st Ave. N.E. Fire Prev. 290 - 61st Ave. N.E. � � Fr'idley, Mn. 55432 � Charles A. Lund 5320 -,4th St. N.E. 4 15.00 R. b. Aldrich, 5320 -�4th St. N.E. Eire Prev. � Fridley, Mn. 55421 � � � Duane L. Schwartz 5347-49 - 4th St. N.E. 3 15.00 R. D. Aldrich, �5347 - 4th St. N.E. Fire Prev. Fridley,.Mn. 55421 � . . . � , . - � ` .. ' Page 4 . 17 D MULTIPLE DWELLING LICENSES TO BE APPROVED: � � Period September 1, 1975 to September 1, 1976 1 � . 4WNER ADDRESS UNITS FEE APPROVED BY: � Donald E. Klostreich 5401 - 4th St. N.E. 4 $15.00 R. D. Aldrich, � 2509 Hillview Rd. � � Fire Prev. ' 'Moundsview, Mn. 55432 Gordon V. Jorgenson 5644 - 4th St. N.E. 7 15.00 R. D. Aldrich, 2225 Chalet Dr. _ Fire Prev. � Mpls, Mn. 55421 � Margaret Hendley 5800 - 4th St. N.E. 4 15.00 R. D. Aldrich, �118 N.E. Craigway • Fire Prev. Fridley, Mn. 55432 �Curtis Bostrom 5400 - Sth St. N.E. 4 15.00 R. D. Aldrich, 5652 Regis Trail Fire Prev. Mpls, Mn. 55432 � �Curtis Bostrom 5410 - Sth St. N.E. 4 15.00 R. D. Aldrich, see above address Fire Prev. �W. Frederick Hawkins 5428 - Sth St. N.E. � 4 15.00 R. D. Aldrich, 2800 N. Hamline Ave. Fire Prev. Roseville, Mn. 55113 � Roscoe Smith &. 5451 - 5th St. N.E. 32 37.00 R. D. Aldrich, Charles Hommeyer � Fire Prev. � 3.504 Larchwood Dr. _ � � Minnetonka, r1n. 55343 Umberto M. Virgillo � „ 5400-OZ - 7th St. N.E. 3 15.00 R. D. Aldrich, �5402 - 7th St. N.E. . Fire Prev. � Fridley, l+in. 5542Z , �Harold D. Morrow 5430 - 7th St. N.E. 34 39.00 R. D. Aldrich, Rt. 4, Cty Tk MM Fire Prev. River Falls, Wis. 54022 . ' Udell Larson 5460 - 7th St. N.E. 34 39.00 R. D. Aldrich, 6848 Knoll St. � Fire Prev. Golden Valley, Mn.. 55427 - � Kenneth & Sharon Franko 5612 - 7th St. N.E. 11 16.00 R: D. Aldrich, 6324 Scott Ave. No. Fire Prev. � Mpls, Mn. 55424 . • ' Kenneth & Sharon Franko 5640 - 7th St. N.E. 11 16.00 R. D. Aldrich, � see above address . ' , Fire.Prev. Douglas K. Johnston 1050 - 52nd Ave. N.E. lb 21.00 R. D. A.ldrich, 102 Windsor Lane �Fire Prev. ' � St. Paul, Mn. 55112 � . . . . , �. ' _ Page 5 � �MULTIPLE D4IELLING LICENSES TO BE APPROVED: � . 1 7 E , . Period�September 1, 1975 to September 1, 1976 i , OWNER ADDRESS UNITS FEE APPROVED BY: ' Douglas K. Johnston 1090 - 52nd Ave. N.E. 16 $21.00 R. D. Aldrich, 102 Windsor Lane Fire Prev. St. Paul, Mn. 55112 � , ' . Douglas K. Johnston 1120 - 52nd Ave. N.E. 16 21.00 R. D. Aldrich, ' see above address Fire Prev. � Douglas K. Johnson 1170 - 52nd Ave..N.E. 16 21.00 R. D. Aldrich, see above address Fire Prev. � Way�e W. Siewert 251 - 57th Place N.E. 4 15.00 � R. D. Aldrich, 3320 - 48th Ave. So. Fire Prev. � Mpls, Mn. 55406 � � Irving Efron & Dr. Irving 262 - 57th Place N.E. 8 15.OQ R. D. Aldrich, � Herman � . � Fire Prev. �3025 Salem Ave. ' Mpls, Mn. 55416 � . � ,Otto G. Tauer 359 - 57th Place N.E. 8 15.00 R. D. Aldr'ich, 5866 - Znd St. N.E. Fire Prev. Fridley, Mn. 55432 ' �Robert J. Baiiman 105 - 58th Ave. N.E. 7 15.00 R. D. Aldrich, 6 0 4 6 - 2 2 S t. N. E. Fire Prev. Fridley, Mn. 55432 . � . � � Tropicana Company 190 - 59% Way N,E. 12 17.00 R. D. Aldrich, � 6250 Wayzata Blvd. Fire Prev. � Mpls, Mn. 55416 Tropicana Company 191 - 59� Way N.E. 12 17.00 R. D. Aldrich, see above address . Fire Prev. � LeRo W. Drew I441 - 73rd Ave. N.E.. 18 23.00 R. D. Aldrich Y . + 1821 University Ave. ' Fire Prev.� , � St. Paul, Mn. ,I K. B. M. Investment Co. . 1619 - 73rd Ave. N.E. 24 29.00 R. D. Aldrich, � 3Q05 Ottawa Ave. So. Fire Prev. Mpls, Mn. 55416 Donald Peterson & 351 - 74th Ave. N.E. . 11 16.00 R. D. Aldrich, , , John Behun Fire Prev. ' 1607 Bunker Lake Blvd. N.E. . . Anoka, Mn. 55303 � Donald Peterson & 389 - 74th Ave. N.E. 11 16.00 R. D. Aldrich, John Behun . � .Fire Prev. � see above address� � . . . i � �� . rMULTIPLE DWELLING LICENSES TO BE APPROVED: . , ' , • Page 6 17 F Period September 1, 1975 to September"1, 1976 OWIvjER ADDRESS UNITS FEE APPROV�D BY:� 'Donald Peterson & 415 - 74th Ave. N.E. 11 $16.00 R. D. Aldrich, John Behun . Fire Prev. 1607 Bunker Lake Blvd. N.E. �' � Anoka, Mn. 55303 , Kenneth G. Larson 350 - 75th Ave. N.E. 11 16.00 R. D. Aldrich, '3232 Independence Ave. No. Fire Prev. Mpls, Mn. 55427 Wm. C. & Robert L. Holmquist 450 - 75th Ave. N.E. 11 16.00 R. D. Aldrich, � 3608 Admiral Lane • Fire Prev. Mpls, Mn. 55429 , �Wm. C. & Robert L. Holmquist 476 - 75th Ave. N.E. 11 16.00 R, D. Aldrich, see above address Fire Prev. �Paul Burkholder 106 - 77th Way N.E.. 4. 15.00 R. D. Aldrich, 7860 Alden Way N.E. Fire Prev. . Fridley, Mn. 55432 , .�effrey D. Mosiman 181 - 79th Way N.E. 8 15.00 R. D. Aldrich, 9242 Flanders St. N.E. . Fire Prev. Blaine, Mn. 55434 � Elbert E. Staples 1716 E. 58th St. � Mpls, Mn. 55417 Wm. L.� & Donna E. Zaier �� 6556 Central Ave. N.E. Fridley, Mn. 55432 , SPGA Associates � 909 Farmers & PZechanics Bank Bldg. Mpls, Mn. 55402 iSPGA Associates see above address � Nathan Schwartz � � 5916 Medicine Lake Rd. Mpls, Mn. 55422 � Nathan Schwartz . ' see above address � Nathan Schwartz see abbve address . I � � � 321 - 79th Way N.E. 6550 Central Ave. N.E:� 6551 Channel Road 6571 Channel Road 101 Charles St. N.E. 179 Charles St. N.E. 180 Charles St. N.E. 4 � 15.00 4 15.00 11 � 11 12 12 , 12 16.00 R. D. Aldrich, Fire Prev. R. D, Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. 16.OD R. D. Aldrich, Fire Prev. 17.00 R. D. Aldrich, Fire Prev. 17.00 17.00 R. D. Aldrich, F3.re Prev. R. D. Aldrich, Fire Prev. . - 7�II � Page 7 1 � . MULTIPLE DWELLING LICENSES TO BE APPROVED: ' Period September 1, 1975 to September l, 1976 OWNER ADDR�SS UNITS FEE APPROV�D BY: i '11 ` �Vernon S. Hoium 5940 East River Rd. 12 $17.00 R. D. Aldrich, � Fire Prev. � 925 Dain Tower I ' Mpls, Mn. 55402 East River Road Corp. 6550 East River Rd. 140 145.00 R. D. Aldrich, � � � Fire Prev. � '19 So. lst St., Suite B2307 Mpls, Mn. 55401 I John H. Ouellette 6551 East�River Rd. 11 16.00 R. D. Aldrich, � � 848 - 82nd Ave. N.E. ' Fire Prev. Spring Lake Park, Mn. 55432 �Paul Burkholder 7673 East River Rd. 4 15.00 R. D. Aldrich, � 7860 Alden Way - Fire Prev. Fridley, Mn. 55432 � � Five Sands Development 7805 East River Rd. 59 64.00 R. D. Aldrich, � 7100 Wayzata Blvd. Fire Prev. ' Mpls, Mn. 55426 Five Sands Development 7825 East River Rd. 59 64.00 R. D. Aldrich, see above address Fire Prev. . � Five Sands Devel.opment 7845 East River Rd. . 59 64.00 R. D. Aldrich, see above address Fire Prev. � Five Sands Development 7875 East River Rd. . 59 64.00 R. D. Aldrich, see above address � . Fire Prev. . 59 64.00 R. D. Aldrich, � � Five Sands Development 7895 East River Rd.. see above address ' Fire Prev. � � ' ' ' , Norman E. Shuldheisz 1256 - 8th Lane Anoka, Mn. 55303 Arnold C. Elmquist 8140 Long Lake Rd. N.E. Mpls, Mn. 55432� Patrick M. Handy 913 N.W. 87th Lane Mpls, Mn. 55433 Arnold C. Elmquist 8140 Long Lake Rd. N.E. Mpls, Mn. 55432 � Arnold C.�Elmquist see above address 6341 Hwy. 65 N.E. 6370 Hwy. 65 N.E. 1060 - 64th {�ve. N.E. 6379 Hwy. 65 N.E. 6393 Hwy. 65 N.E. 6417 Hwy. 65 N.E. ' . 10 15.00 15 20.00 8 15.00 7 15.00 8 15.00 R. D. Aldrich, Fire Prev. R. D..Aldrich, Fire Prev. R: D. Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. . • • , � Page 8 l� }-� , MULTIPLE DWELLING LICENSES TO BE APPROVED: Period�5�ptember 1, 1975 to September�l, 1976 , OWNER ADDRESS UNITS I'EE A??ROVED EY: 'Skywood Apts. 1200 Hwy. 100 N.E. 18 $23.00 ' R..D. Aldrich, Mid Continent Mgt. Corp. Fire Prev. 1130 Minnesota Bldg. I , �St. Paul, Mn. 55101 � . � Skywood Apts. 1230 Hwy. 100 N.E. 18 23.00 R. D. Aldrich, Mid Cont,inent Mgt. Corp. Fire Prev. ' . see above address • � Skywood Apts. 12Ez0 Hwy. 100 N.E. 18 23.00 R. D. Aldrich, �' Mid Continent Mgt. Corp. � Fire Prev. see above address �Skywood Apts. 1290 Hwy. 100 N.E. 18 23.00 R.�D. Aldrich, Mid Gontinent Mgt. Corp. Fire Prev. see above address . . ' Lynde Investment Co. 91(i Lynde Dr. N.E. 11 16.00 R. D. Aldrich, 9801 Oak Ridge Tr. Fire Prev. I�opkins, Mn. 55343 � , Lynde Investment Co. 990 Lynde Dr. N.E. 11 16.00 R. D. Aldrich, see above address • Fire Prev. � Lynde Investment Co. 950 Lynde Dr. N.E. 11 16.00 R. D. Aldrich, . see above address • Fize Prev. , William A. Shac�a, Jr. 7400 Lyric,Lane N.E. 8 15.00 R. D. Aldrich, 5368 Matterhorn Dr. N.E. � Fire Prev. 'Mpls, Mn. 55421 � Robert Spong 5475 Main St. N.E. 12 17.00 R. D. Aldrich, 1202 Pike Lake Dr. Fire Prev. , New Brighton, Mn. 55112 �� Rabert Spong 5495 Main St. N.E. 12 • 17.00 � R. D. Aldr.ich, ' see above address Fire Prev. � John Phelps & Roger Berg 6021 Main St. N.E. 4 15.00 R. D. Aldrich, �2521 Aldrich Ave. So. Fire Prev.- Mpls, Mn. 55405 ' John Phelps & Ellis Phelps 6035 Main St. N.E. 4 15.00 R. D. Aldrich, I, see above address ' Fire Prev. Highland Park Development Co. 610 Osborne Rd. N.E. 9 15.00 R. D. Aldrich, ' 9741 Foley Blvd. N.W. Fire Prev. Coon Rapids, Mn. 55433 ' • ' � � r' Page 9 17 I MULTIPLE DWELLING LICENSES TO BE APPROVED: � ' Period September 1, 1975 to September 1, 1976 . QWNER ADDRESS UNITS FEE APPROVED BY: I, Highlanc3 Park Development Co. 630 Osborne Rd. N.E. . 34 $39.00 R. D. Aldrich, 9741 Foley Blvd. N.W. Fire Prev. I ' �Coon Rapids, Mn. 55433 , � Highland. Park Development Co. 690 Osborne Rd. N.E. 34 39.00 R. D. Aldrich, I' see above address Fire Prev. ea an 5650 Polk St. N.E. 32 37.00 R. D. Aldrich, A. T. G rm � 6225 Univers.ity Ave. N.E. Fire Prev. , Fridley, rin. 55432 ' • Gordon V. Aspenson 6489 Riverview Terrace 4 15.00 R. D. Aldrich, ,17 Rice Creek Way Fire Prev. . Fridley, Mn. 55432 �Donald E. Keefe 201 Satellite Lane N.E. 11. 16.00 R. D. Aldrich, 2425 �rookridge No. Fire Prev. . Mpls, Mn. 55422 '[�alter Miskiw 221 Satellite Lane N.E. 11 16.00 R. D. Aldrich, 221 Satellite Lane N.E. . Fire Prev. Fridley, Mn. 55432 � . . � , ' . . , , � . � • , . . ' 1 � � . 1 �� - i� . � . . � � CONTRACTORS LICENSES TO BE APPROVED BY THE CITY COUNCIL AT THEIR MEETING OF AUGUST .18, 1975 GENERAL CONTRACTORS APPROVED BY: DINO & SON 13227 FREMONT AVENUE SOUTH BURNSVILLE, MINNESOTA 55337 by: Robert Corredato D.Clark L. GUDMUNSEN CONSTRUCTION 1054 - 93RD AVENUE N.W. COON RAPIDS, MINNESOTA 55433 by: Larry Gudmunsen D.Clark LUMBER KING COT;PANY 5145 OLIVER AVEI3UE SOL3TH MINNEAPOLIS, MINNESOTA 55419 by: Jerome Lorberbaum D.Clark NEW NEW RENEWAL HEATING . DEL AIR CCNDITIONING, INC. 9860 JAMES CIRCLE MINNEAPOLI5, MINNESOTA 55431 by: Del Strandberg W.Sandin NEW MASONRY ALL STATE AMERICAN CONCRETE, � INCORPORATED • � 2659 DUPONT AVENUE SOUTH MINNEAPOLIS, MINNESOTA 5540£3 •by: D.F. Vizecky ROOFING . LINDGREN ROOFING & INSULATION 5006 - 715T AVENUE NORTH BROOKLYN CENTER, MINN. 55429 by: Dave Lindgren HOUSE TRAILER MARVIN SEGELSTROM 7627 CENTRIIL AVENU� N.E. , � D.Clark RENEWAL D.Clark RENEWAL FRIDI.EY, MINNESOTA 55432 by: M. Segelstrom D. Clark (.To be occupied temporarily FEE PAID $25.00 � while house is beinq repaired af ter fire) Receipt #77580 l7 J � . , I ' � � , � r � , ' ' � �� ' I � ESTIMATES F�R CITY COUNCIL CONSIDERATION - AUGUST 18, 1975 Comstock and Davis, Inc. 1446 County Road "J" , Minneapolis, Minnesota 55432 For furnishing resident inspection and resident ' supervision for the staking of the.following construction vaork: PARTIAL Estimate No. 8 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from July 7 through August 1, 1975 PARTIAL Estimate No. 20 for Sanitary Sewer, Water & . Storm Sewer Improvement Project No. 114 from June 23 through August 1, 1975. • PARTIAL Estimate No. 8 for Sanitary Sewer Improvement Pi^oject PJo. 113 from July �7 through August 1, 1975. Peter Lametti Constructian � 615 Drake Street . St. Paul, Minnesota 55102 PARTIAL Estimate No. 6 for Sanitary Sewer Improvement Project No. 113 for period ending July 31,1975. Dunkley Surfacing Co., Inc. � 3737 East River Road � Minneapolis, Minnesota 55421 PARTIAL Estimate No. 3 for Street Improvement � Project St. 1975-1 . � PARTIAL Estimate No. 3 for Street Improvement , Project St. 1975-2 Smith, Juster & Feikema . � Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Prosecution work during the month of July; 1975 Weaver., Talle & Herrick � 316 East Main Street Anoka, Minnesota 55303 For Services 'rendered as City Attorney during the month of July, 1975 � $ 28.65 � " 67.40 � 1,676.05 10,623.15 78,907.03 57,70�.50 1,765.00 1,187.50 TIME RECORD FOR JULY, 1975 PROSECUTION bJORK 1. Preparation, Travel and Time in Court for 12 Court cases and 43 Pre-Jury Conferences. 2. Investigations and Process of Complaints includin� office conferences, phone con- ferences, correspondence and preparation of Formal Complaints. 3. Court and Police Administration. � TOTAL 0 23 hours 30 minutes 24 hours 30 minutes 1 hour 00 minutes 49 hours 00 minutes -> - � � � 9ALANCE DATE � FORWARDED FROM LAST SiATEMENT 8-1-75 For legal services rendered as Prosecutor for thr_ City of Fridley. �,000.00 July 1975 Retai_ner. � 100.00 Secretarial Services Time in excess of 30 hours 665.00 (19 hours 00 minutes) . ________— I deciare er penalties of la�v that this accou , c'.ui or oe�.;^nd 'ss ;us': and cor- recf �,�d t, a,� pai�t �:i has be�n paid Sign t � .f C.ai �a t ; . SMITH, JUST�R, FEIKEMA, A KVITZ.ANO CASSERLY ATTORNEYS AT lAW . . _�.-; i�i �o: . . �-__.___ . . $1,000.00 $1,100.00 $1,765.00 J l� A � � . , CHARLES R. WEAVER ' HERMAN L.TAf-LE VIRGIL C. HERRICK � �• ROBERT MUNNS WILLIAM K. GOODRICH � , TNOMAS A.GED�DE JEFF.REY P. HIGKEN VCH � City of Fridley � LAW OFFICES � WEAVER, TALLE 5� HERRICK August 15, 1975 , July Retainer Council Meetings 12 hours , Staff Meetings 4 hours Conferences With Staff 4 hours . Legal Research and Preparation of Memos� 11 hours , ' Hennepin District Court re B& B Excavation 12 hours � 32� hours 316 EAST. MAIN STREET ANOKA,MINNESOTA 55303 421-5413 6279 UNIVERSIIY AVENUE N.E. FRIDLEY, MINNESOTA 55432 560-3650 FIRST STA7E BANK BUIIDING COON RAPIDS, MINN.55433 755-1330 m $1,000.00 ' Hours in excess of 30 @$35.00 �er Hour 87•�� Secretarial Allowance 100.00 � I ' , , I , , ' � . , • � � , �' . ' . 0 7 TOTAL ..................$1,187.50 9 • i