The URL can be used to link to this page

09/08/1975 - 5426u � � � l__ i � l� ' � , , �J '� ;� �,� ,� r � PAT RANSTROM SECRETARY TO THE CITY COUNCIL REGULAR COUNCIL �IEETING SEPTEMBER 8? 1975 - FRI�LEY .CITY. COUiVCIL � REGULAR 11�ETIidG ��EPTEMBER $,� 1975 PLEDGE OF AL.LEGIa�lCE�:� �ROLL C�LL: � APPROVA� OF M I (��UT�S : REGUL�IR �'�EETI hG,, JtJLY Zl, 1��5 - - ._... . .. REGULAR MEETIt�lG, Au�usT 4, 1975 . ... . . - -� - -. .. PUBLI C HEAR I NG,, _ AUGUST il.; 1975 R�GULAR �`�EETI NG, AtJGUST 1$: 1975 <.� AD�PT IOi� OF �1GEf�DA : � , OPEid FORiJM, V I S I TORS : � �CONSIDERATION OF .IT�MS NOT aN AGENDA -. 15 Mr�vu-rES) a . � .. .. . �EGt1LAR MEET I idG; SEPTEM:�3ER 8a 1975� .� . . ...: � � � - .... .. .... . PAGE � PUBLIC N�ARI��VGS: i�OISE _RBATEMENT Pf�OJECT PROPOSAL. B'{ i�INNESt?TA iiIGHWAY DEPR�TMENT FQR SOUTH SII�� pF I,��j� BETW�EN 7TH STREET AND �'�ADISON AND $E�VJEEN FTLLMORE STREET ANp EAST CORPORATE LIMITS� � � � . , , , . �,� � � ��. � .,. .�. � � .� � � � � OLD BUS I fVESS : CONSIDERATTQI� QF SECOiVD RE�,DIt�G OF AN ORDIhEANGE �OR UACATION REQi1REST BY �±� MCFt�RLA��1�, SA`V �%5—O�, ALLEY, � 98-64-rNAvEnUEI�,E.,,,�,.,.....,,,�.,, 2-2A CONSIDERF;TION 0� PUBLICLY OWNE� STREETS ��ITNI� THF TOVdNHUUSE llEi/;�LOf'MENT PROF'Q5ED BY DAFiREL FARR CORPt1RA— �TION I�v If�t�ESBRUCK NORTH, , , e. , ,. � . .. , , ,� -. , �, ,� . �. 3 — 3 C FRIDLEY .CITY. .COU�lC I L� REGULRR I 1tFTi iJG -- SEPTEMBER 8,- 1975 7:40 P.ht. . PLEDGE QF ALLEG IAi�fCF�; ri ven ROLL CAL�: All present. APPROVAL �F MIfdUT�S: � . REGtJLAR MEEiI NG, .�ULY. �1; 1975 Adopted as submitted. , REGULAR MEETITJG, 'AUGUST 4, 1��5 Adopted as submitted. Pus�rc HEA�tn��, AuGUST lI, 1975 Adopted as submitted. REGULAR MEETItVG, Au�usi 18, 197� Adopied as submitted. ADOPTIOi� OF AGEfdDA: Added: Consideration af request by Lea4ue of �domen Voters for funding for delegate to the Water's Edge Forum . ' QPEiV F��RUM, VISITORS: � � . ' iCONSIDERATIQN �F ITEMS N�T ON AGENDA — l� �IINUTES) . Mrs. Margarette Dodson, 189 l.oaan Parkway�, presented petition and request _ for repair of bank of Oak Glen Creek, C�uncil received the petition and . indicated the Administration �vould review the matter and advise the Counc The property owners are to �e a�+vised c�f an,y futur.e action. i ' �� . � , �� . .. REGULAR MEETIfVG; SEPTEM�ER 8, �1975. . . ...: .... .... :.. ... ... . PAGE 2 PUBL�C HEaRI�VGS: � VOISE ABATEMENT PROJCCT PRQPOSAL BY MINNESpTA NIGHWAY DEPARTMENT FOR SOUTN SIpE OF I�C�� BETW�EN %TH STREET AND MADISON AND BETWEEN FILLMORE�STREET A�(D EAST CORPORATE LIMITS� � . , , , � � � , � , � , , � . . . . . � � 1 Presentat�on made concerning possibTe noise abatement proposals and people divided �nto groups for �nformal explanation of plans for their areas. Property owners direcied to communi�cate their ideas on the project to the City before the coming week's meetinq when the resolution of ado�tion of the pr�•ject or rejection wiil appear an the agenda. The general reaction to the project was favorabie. � � �LD BUS I f�ESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE FQR VACATION REQUREST BY M� I�CFARLAND, SAV ��5—Q6, Al.LEY, 98 — 64T� Av� cvuE N � E , � , � , " . � , , .� . , . � � . , , , Ordinance No. 593� adopted and publication ordered, . 2-2A CONSIDERATION OF PUBLICLY OWNED STREETS WITHI� THE � TOWNHOUSE 1�EVELOPMENT PROPOSED BY DARREL FARR CORPORA— . TI ON I �! 1 NNSBRUCK �ORTH � � . � . � . � . � � � � . . � . . .. 3 - 3 .0 � Consideration tabled until some agreement is reached between Darrel Farr Corporation and Town House Assaciation. • � � � � , � � � � � � 0 . REGULAR MEETIidG; SEPTEMdER 8, 1975 �� PAGE 3 ` iVE�� BUS I i�1ESS :� � � . . RECEIVTNG THE MIfdUT�S OF THE PLANNING COMMISS'ION �IEETING oF Au�us-r 2�, 1975. , , . ,. , .. ., , ., .t . ` .f. .; , .,. ; , -' ,� , 4 — 4 LL l=�'�CONSI�ERATI0�1 OF HUMAN RESOURC�S COMMISSION.MINUTES oF �iu�us-r 7, 1�75 4a-4F A� MINN�SOTA TEiV,4NTS UNION �A-4C � COMMISSION RE�OMMEND 0: DISAPPROVAL OF � - REQIlES�' � _ . _ _ . . __ . ., �Ql1NCIL T19�L.�F(�.�11RED: �ONSIDERATION OF - ' . RECOMMEND�TION. . No motion offered and Mayor declared consideration deact for �- lack of action. 2.. C�NSIDERATION OF APPEALS COMMISSIQN PrZINUTES OF Au�us-r 12, 1975 A� BARBARA NINRICHS, ��1 RTCE CREElC TERRAC� �-� COMMISSIQN RECOMMENDATION: APPROVAL �OUI�CI� ACTION R�E ..! IRED; CONSIDERATION OF RECOMMEf�DATION �G-�N 4G-4� • Councii consensus was that there was no objection to the �� approval of the variance, but tabled the matter until the consideratian of the vacation of the easement which is upcoming for publ�c hearing. I � I � � �FFICE BUILDING, 1040 52N� Av�NUE.,� BY 4H=4J BERGSTEDT—ANDER�OiV REALTY �QJ�LJISSIQh,_R.FCOMMENDA'i'ION.: APPROVAL _. �O�jJyCIL ACTION REQUIRED: CONSIDER R�COMMENDA- TI ON, ALONG WI Tti PLANNI NG COMM I SS I ON � S. R��OMMENDATION ON THE LOST SPLIT REQUEST Tabled until the next meeting of the Council to allow the City Attorney to researcn the ownership records of the property in conjunction with ihe 1ot s�ilit and allow agreement to be �each�d between the two property owners. REGULAR MEETING,:_SEPTEM:3ER 8, 1975 . . . . :. . , .. .... ....PAGE :4 idEW BUS I yESS (COPJTI NUEt�> . . _ RECEIVING PLANNING �OMMISSION MINUTES ��ON7INUED) �.. BERGSTEDT—ANDERSON REALTY CO�, L.�S, #75-06, .._.. __. ..., ._ _ . , _,.. . . P�At��ING COMMISSION RE�Q�jMFN TION: APPROVAL .��JUNCIL C7 �N�F�UIRED: CONSIDERATION OF RECOMNIENDATION . Same as previous item. 4, idaE��'s, SP #75-G�, �15� EasT Riv�� ROAD �LANNING COM��kISS10N RECOMMENDATION.: APPROVAL �OUNCTL AGTION REQUIRED: CONSIDERATION OF � RECOMMEN�ATION Tabled until remainder of sig�s are brought to Council. To be brought to the Council to set a publ�c hearing. 4Q-4s 4s-4Bs 5� ��AEGELE� S, SP #75-09, �ZOI �-iIGHWAY #�5 . 4B8-4�D P.�,pNNTNG C.S?MMT•SSION RE,�OMMENDATION: APPR�VAL � . WITH STIPULATIONS . COUNC �L �i.�T I�N R�(�.� I RED:: � CONS I DERAT I ON OF � � RECOMMENDATION i'abJed until remainder of signs are brought to Council. ' Councii consensus is that this consideration will be brought in the form to set a public hearing. ' � � -- � REGULAR MEETI idG.: SEPTtMb�R �J 1975 . . . .. . . . .. ... .... .... PAGE .5� f�EW BUSIIVESS (COi�TINUED) RECEIVING PLANNTNG COMMISSION MINUfES ��QNTINUED) 6. IVAEGELE' S SP �%5—Id, bOZ9 Ut� I VER5I TY AVENt1E. . . . ... . _..� . :........ ... . .. ,. ..._. Pl�ANN� NG COMMISSION RECOMMENDATIO : APPROVAL WITH STIPULATIONS .�OUNCIL �.CTION REQUIRED: CON5IDERATIO(� QF RECOMMENDATION � �abled until remainder of signs are brought to Council. Administration to brinq back to set public hearing. %� UAEGE�E�S SP, #75-11,�51�I.694 PLaiVNTNG COMMI-SSIO�!- R�„�OMNiENDATION: APPROVAL WITH �ST�I'FlJi:ATIONS � CQUNCIL ACTI�(� REQlIIRED: CONSIDERATION OF RECOMMENDATION � Tabled until remainder of s7gn considerations are brough� ta the Council. Public Hearings to be set. 0 $� ��AEGELE�S SP #75-12, �3 I.,594 .. ... _ . . . _ . . . pLANNING GOMMISSION REGOMME(�DATIOt�: APPROVAL WITH STIPULATIONS ... ... _ . • �OUNCIL ACTION REQUIRED: COfYSIDERATIQN OF . RECOMMENDATION 7abled until remainder of sic�n conside�^ations are brought to the•Council and public hearing to be set at that time. MINUTES RECEIVED. 0 �DD-4FF 4FF—�HH 4HH—�JJ . REGULAR MEET I i�G, SEPTEMBER 8�,�. .:tg75 - . ... ... . .. ... .... .... ....PAGE 6 iVEW BUSINESS (COiVTI�IUED) .... .... -�-- - -- � . RECEIVING TNE CATV COMMISSION SPECIAL I''�EETI�IG �'�1 NUTES OF AUGUST� l�, 1g�� . . . . . . . . . . . . . . . 5 - 5 B .Minutes received. CONSIllERATION OF EXCHaNGIfVG CASH FOR SCRIPT.- LIG�UOR CLASS ACTIUN SETTLEMENT - MCKESSQN �dINE AND SPIRITS �OMPANY � � � � . � . '� � � � � � � . . � � � � � � � . � � 6 - 6 F Counci'1 authorized the exchanqe.. � CONSIDERATION OF A RESOLIJTIQN�ORDERING PRELIMINARY PLANS, SPECIFICATIOIVS AND ESTIMATES OF TH�E COSTS THEREOF: $TREET �MPROVEMENT PROJECT ST. 1976-1� � �- . � . . . � � � % Resolution No. 176-1975 adopted. REGULAR MEETING,. SEPTEMBER 8;-.1975 . . . . .. .... .... .... ... :...PAGE 7 ' NEW� BUSI�VESS�� (COiVTI�dUED> � � . . . _ ._. _ . . CONSIDERATION OF A RESOLUTION AUTFiORIZING AND DIRECTING THE SPLITTING .OF SFECIAL ASSESSMENTS Of� PARCELS IZOl� aND 1201, SECTION Z�, AND REPLATTING INTO GRACE HIGH � $CH00'L ADD I T I ON . � �� . .� � � . � � � . . . . � � � � �� S — $ B Resolution No. 177-T975 adopted, � CONSIDERATION OF A RESOLilTION DIRECTING PREPARATION OF � THE FINAL ASSESSMENT I�OLL FOR THE TREATMENT �ND REMOVAL ' OF TREES � � � � � � � � . � . � � . � � � � � � � � � . . � � 9 Resolution No, 178-1975 adopte�. �Finance Director directed to present facts to Council at triis month's conference meeting on State Reimbursement policy. : CONSIDERATION OF A RESOLUTION DIRECTING .PUBLICATION OF HEARING ON THE PROPOSED A5SESSMEi�T ROLL FOR THE TREATMENT AND REMOVAL OF TREES� . , � � � . � � � , � , , Resolution No. 179-1975 adopted, 10 — � 10 B CLA I MS � � . � ,� . , , . , , , �,� �. . �. �, . �. . , �� , . ,� , , 11 . Approved. � � � :. . . . ... ... ... .... ..PAG • REGULAR MEETI iVG; SEPTE��ER 8, 1�75. � � � � � � � �dEW BUSifJESS (CONTINUED) � � L I C ENSE S . � . . � . , �, , , �. � , �, , , � �,� , �, �. , . ., , , . 12 — 12 D Apprbved. � - ESTIMATES, , . , , , , � , , , . , � � . . , , , , . , � , 13 — 13 A Approved. � . ''REQUESTED �ISCUSSION BY ISLANDS OF PEACE FOUNDATION� �.� . 14 ' Specia,l meeting of the Council and Qoard of Directors of the Islands ofi Peace set for IrJednesday, September ]7, 1975 at 8:00 in the Camnunity Room of the Fridley Civic Center. � �. D I SCUSS I QN REGARD I NG �iOME � I�E .I�E�"ECTI ON �ROGRAM ��.�� 15 — 15 A Council authorized execution of program. LETTER TO DIVISION OF EMERGENCY SERVICES FOR REGI.OI�AL ACTIVATION OF STORM WARNLNG $YSTEM� � ��. � . � � . � � � . l� — 16 A No action ta4cen and Council consensus was that Administration work with Col�umbia Heights and the Railroad in a cooperative project. CONSIDERATION OF REQUEST BY LEAGUE OF WOMEN VOTERS FOR FUN�JING FOR DELEGATE TO WA7ER'S EDGE FORUM: ' No action taken and Administration advised to contact League and advise them that this type of action does not conform to past City policy or action. � ADJOURN: 11:11 P.t4. i I �I 1 , � ' ' ' ' e � �J ' � , ' ' , ' : THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 8, 1975 7�f l . i � The Regular Meeting of the Fridley City Council of September 8, 1975 was called to order at 7:40 P.M, by Mayor Nee. PLED6E OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to join the Council in saying the Pledge of Allegiance to the Flag. � ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Counciiwoman Kukowski, Councilman Sreider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee None. REGULAR MEETING, JULY 21, 1975 MOTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of July 21, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, AUGUST 4, 1975 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regular Meeting of the Fridley City Council of August 4, 1975 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING OF AUGUST 11, 1975 MOTiON by Councilwoman Kukowski to adopt the minutes of the Public Hearing meeting of tfie Fridley City Council of August 11, 1975 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF AUGUST 18, 1975 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regular meeting af the Fridley City Council of August 18, 1975. Seconded by Couneilweman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. ADOPTION OF AGENDA: Mayor Nee said he wo�ld like to add a communication received from the Fridley League of Woman Voters regarding a request for aid to send a delegate to the Water's Edge Forum. MOTION by Counciiman Breider to adopt the agenda with the addition of the item listed by Mayor Nee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MRS. MARGARET DODSON, 189 N. E. LOGAN PARKWAY: Mrs. Margaret Dodson addressed the Council and presente.d a petition asking the Fridley City Council to take necessary action ta have the barik of Oak Glen Creek repaired and said the petition had been signed by almost all of the property owners along ihe Creek. She said the people of the area believe the area has been destroyed by the flood :water coming from the coRCnercial park and Ptelody Manor by means of the storm sewer through the area. She indicated that many trees have been destroyed and much wild life and wild flowers had been washed away. Mrs. Dodson said she has written to the City Manager and called City Hall and so have her neighbors and they have not received much satisfaction other than people from the City coming to view the damages. Mrs. Dodson said she felt that the people in the other areas are receiving the advan±age by running their water in the Creek and they should pay for the improvement of the Creek. She continued to state that the people who live on the Creek had paid dearly. Mrs. Dodson continued to comment that if any members of the City Council or staff would like to visit the area they woulcl be welcome. She said she would like the Council to be aware of the destruction and erosion of the very beautiful area. . Mr. James Beal, 150 Talmadge Way N. E., said he is a property owner on the Creek and said � 7R ; REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 DRGE 2 1 � � � � � �� Mrs.Dodson had suggested that there is some finaricial responsibility on the part of ±he contributors of the water and he said there is also some responsibitity on the part of the City of Fridley. Ne mentioned that the property owners of the area were unaware of the drainage from the Comnercial Park and the Melody Manor area and that this was to drain through this Creek. He said he believed these systems were completed in 1965 or 1966 and he did not believe there were public hearings held at that time. Mr. Beal said he believed that this project was done arbitrarily and without the environmental impact of the area being considered. He said he believed that the City of Fridley was partly responsible. Mrs. Dodson asked theCity Council to suggest something that could be done at this time to carrect the problems. Mayor Nee indicated he did not know what could be done. Mr. C. M. Kam, 120 Ta7madge Way, said he had ]ost many feet of his property along with many trees. He commented that in 1958 he had thought of putting in some impravements on his property in form of a walkway to the creek and a veranda over looking the area and was told that this would not keep the ar�a in its natural state. He said he thought the City of Fridley had come along and destroyed the natural beauty of the area. Mr. Kam said he could not remember the persa� he had talked •o at that time, but he was told that he could not improve the property in this manner. He added, along came the City of Fridley and washed away his property. He mentioned that his property had been wasfied away more than anyone's in the area had. He said if this current destruction is continued he stands to loose about another 40 feet of property. Mayor Nee said he agreed and thought it is an outraae what has been done in the area. Mr. Kam asked where the responsibility lies. Mayor Nee said he thought it is theCity Council's responsibility. MOTION by Councilman Starwalt to receive the petition. Seconded by Councilwoman Kukowski Uporta voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee again commented tFai he did not know what the City could do. He mentioned there has been some restorative work done on the Creek to the north and asked if the people of the area had looked at this area and asked if this would be an acceptable remedy. Mrs. Eileen Irwin, 235 Logan Parkway, said she had not seen this work but had heard that this was done by means of railroad ties and she questioned if this would be suitable. Mrs. Irwin explained that cement blocks and large rocks had been moved by the force of the water coming through. Mrs. Irwin said she could not see where railroad ties would 7ast more than one season. She continued to explain that the area people had been told by the Engineering Department that they could have all the railroad ties that they would like if they would want to shore up the land themselves. She felt the only solution would be to stop the storm sewer water from coming through the area. . Mr. Kam asked if the property owners of the area would be advised if any action is considered. Mayor Nee said the information would be forwarded to the Administration and they will determine what will be possible and thepeople of the area will be advised. � Mayor Nee asked if there were any other people present to conanent during the visitors section and ihere was no response. PUBLIC HEARINGS: NOISE ABATEMENT PROJECT PROPOSAL BY MINNESOTA HIGHWAY DEPARTMENT FOR SOUTH SIDE OF I.694 BETWEEhd 7TH STREET AND MRDISON AND BETWEEN FILLMORE STREET AND EAS7 CORPORATE LIMITS: The Public Works DirFCtor called on Mi°. Gary Orlich, Minnesota Highway Department to make the presentation to the Council and audience. . Mr. Orlich presented a sl;de show to the Council expiaining the noise levels in conjunction with Interstate systems and possible solution to the problems. Mr. Orlich explained that the last Legislative Session to action to allow the Highway Department to use 1% of the budget for noise abatement barriers. He indicated to detennine the priority areas, the Nighway Department staff went along the Interstate systems and determined the noise levels. Ne said there were seven areas where the � , �' ' � t CJ ' ' , t � l__1 � � � ' , , ' RE6ULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 3 79 d6a's were 80 or more and this is currently the first meeting that had been constructed with a municipality. Mr. Orlich expiained that the people from the Highway Department had presented the slide presentation to the Council at a previous meeting. He said 9f the people of the area and the City Council concur in the proposal, the Highway Department could construct the barriers the next construction season. Mr. Orlich further commented that in order ta get the project underway, they will have to thoroughly study the area and draw preliminary plans. He said this would be the first of two public meetings. The first meeting is for the purpose of informing the area people of the proposal and the next would be to explain what can be done with the existing riqht of way limits. Mr. Orlich said wh'at the Highway Department would like is that if the people favor the con- struction of the barriers, they should let their City Councilmen know this and they would prepare a resolution of approval at the next meeting of the Council. He also mentioned at the final hearing, the Highway Department would pr•esent final plans to the City Council for approval of the construction of the walls and landscaping. He again mentioned that if this is completed at the present time, they would be able to begin construction of the walls and landscaping< He again mentioned that if this is completed at the present time, they would be able to begin construction the next season. Mr. Orlich explained the two areas in the City which would be involved in the construction of the barriers. A resident of the area asked if the area west of Highway #47 would be included and Mr. Orlich said this area was not as high in noise levels and is not top priority at this time. He said this area is farther from the Freeway. Another resident asked if there would be barriers constructed north of the Drive Inn Theatre. Mr. Orlich explained that the property in question for the construction of the barriers is residential property abutting the Interstate system and this area is commercial abutting the system. He conmented that the barriers would be most effective for the first row of homes off of the Freeway and this effect'ivness would diminish with each succeding row. He also mentioned that in some cases the commercial property owners feel that the barrier would shield them from possible view and cut their business. . Councilman Starvialt asked P1r. Orlich to explain. the provision concerning the cut off date for this typeof barrier in conjunction to the construction date of the residential developments. Mr. Orlich said the areas being considered were to have been in existence before January l, 1973 or the federal funding of 90% would not be provided. He said this is the reason that a barrier cannot be constructed on the north side of I. �694 east of Matterhorn Drive at this time. Mr. Orlich explained the noise levels which are being considered for construction at this time and said this would exceed 80 dBa. He explained the priority groups as follows: 1) those areas with 80 dBa's, 2) areas with from 75 to 80 dBa's and 3) areas with less than 75 dBa's. Councilman Starwalt asked if the people of the area do not want the barrier constructed at this time, how long will it be before they are able to reconsider the construction. Mr. Orlich said this amount of time or policy had not been considered at the present time. He said the construction would not be forced on the people. He also mentioned that the trunk highways were not being looked at at the present time, only the Interstate Freeways. A resident of the area asked how the Highway Department would determine whether or not the people of the area want the construction of the barrier. Mr. Orlich answered that they would like to involve the City Council in this process and have them provide a resolution indicating they would or would not want the corstruction of the barrier. He said the area residents should get in contact with their local Councilman. Mayor Nee indicated that after the people get a chance to review the pi�ns for the area ` propo�ed for improvement he would like to hear their comments concerning the proposals. Mayor Nee said the Ward Councilman and himself and other members of the Council would be visiting the area residents the coming weekend to determine their feelings conerning the project. He said if there is no strong opposition to the proposal, the City Council will adopt a resolution supporting the proposal at the upcoming meeting. At �h,i_s time the meeting recessed to allow the area residents present to break into two groups to view the plans and talk with the Highway Department representatives. Mayor Nee called the meeting back to order at 9:21 P.M. Mayor Nee asked if anyone had any comments to make about the proposal and the audience applauded the proposal. A resident of the area asked if any property would be acguired for right of way for this proposal. Mr. Orlich explained that they would-not acquire any property and would place the barriers on currently acquired right of way. He further explained that this acquisition � �n REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 4 process could take up to two years and this would put the project out of reach in the near future. Mayor Nee said at the coming Council meeting the Council would consider.a resolution to a�prove the proposal. He said if the people of the area have any questions or problems between now and then they should either contact one of the men from the Highway Department or the City Engineering Department. He said the City Council is generally in favor of the project and if there is no strong opposition, it would probably be approved. Mr. Orlich explained that it may be possible that the landscaping would not be completed until the following year. He said that if berming was used, this would have to settle before planting of the area is done and this may possibly be held until the following year. Ne mentioned that the project would be upgraded considerably by the landscaping and the people should not review the areas without landscaping to receive the total effect of the barriers. A resident of the area asked how the Highway Department would determine the type of material that the barrier would be constructed of. Mr. Orlich said this would be either wood or concrete. He said this would have to oe the people's choice and they would want all of the barriers constructed from the same substance. Several individuals impressions were voiced concerning the type of material for the barriers. Mr. Orlich corrmented that he was not aware that either of the substances was superior in the noise abatement or durabi}ity standpoints. , ORDINANCE N0. 593 - FOR VACATION REQUEST BY M. MCFARLAND, SAV #75-06, ALLEY, 98 64TH AVENUE N. E.: MOTION by Councilman Fitzp�trick to concur with the recommendation cf the Pianning Corrmission and Hiaive the second reading of the ordinance, adopt the ordinance on s.econd reading and order publication. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PUBLICLY OWNED STREETS WITHIN THE TOWN HOUSE DEVELOPMENT PROPOSED BY DARREL FARR CORPORATION IN INNSBRUCK NORTH: The Public Works Director coirnnented that he haa received a call from the petitioner and developer and they would like to have the item tabled until after the meeting with the Townhouse Association. He explained that there is not a firm commitment by the Townhouse Association and this should be possible to obtain by the next regular meeting of the Council. Councilman Breider asked if the proposal was for allowing the public access to the area but not providing complete maintenance by the City. Counciman Breider asked if the case such as the recent blizzard that it may be pos�ible that the only access from one point to another would be to plow from one point to another. Councilman Breider asked if there wouid be some problems in plowing the area of the garages. The Public Works Director said this would have to be taken care of between the developer and the Townhouse Hssociation. Councilman Starwalt said he believed that to hold the item over until another meeting would be appropriate. Councilman Sreider asked if the utilities had been installed back to the proposed pl�t. The Public Works Director said they would have to be installed un�er this proposal. Mayor Nee asked if the utilities would be private or public. The Public Works Director said the utilities would be private. Ne said the current system and the proposal would be sufficient to handle this phase of the development. Councilman Breider asked if the private lines would hook into the City systems and the Public tJorks Director said yes. Councilman areider asked if there would be private maintenance on the utilities also and the Public Works Director said yes. Mayor Nee questioned if this had been accepted by FHA. The PubTic Wor{;S Director said the only problem ihat had arisen is the access or public roadway. Mr. Jim Luhaszewski, 1536 Overlin Circle, addressed the Council and indicated that he had assumed that the only responsibility for the aera would have been the streets and if this was no longer necessary, there would be no need for the Association. Mr. Luhaszewski said the members of the Townhouse Association feel that the proposed phase should be developed and said they would meet with the developer. He a}so indicated that they are not far from reaching agreement and felt this could be done within two weeks time. MOTION by Councilman Starwalt to table the consideration of the publicly owned streets �.� within the Townhouse Development proposed by Darrel Farr Corporation in Innsbruck North until two weeks fromthe current meeting or until some agreement is reached between the Associat�ion and the Developer. Seconded by Councilman areider. Upon a voice vote� ali � _ _l- � e�� 0 REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 5 �l voting aye, Mayor Nee declared the motion carried unanimously. '� RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1975: CONSIDERATION OF HUMAK RESOURCES COMMISSION MINUTES OF AUGUST 7, 1975: , MINNESOTA TENANTS UNION: Mayor Nee called for a motion on the consideration and there was no response by the Council and Maycr Nee called the consideration dead for lack of a motion. CONSIDERATION OF APPEALS COMMISSION MINUTES OE AUGUST 12> 1975: A RE UEST FOR A VARIANCE TO REDUCE THE SIDE YARD REQUIREMENT FROM FIVE FEET THRFF �EET SECTION 205.053, 4Q, TO ALLOW THE ENLARGEMENT OF A SINGLE CAR GA _ __ ' _. ,...., , .,nnn�nirri.i TCDD11('F tiY KUt5tK4 N�vu DHKDtiKti n��vn,��.,�. The Public Works Director pointed out that the Appeals Commission had recommended approval of the request. He explained the request to .educe the side yard setback from five feet to three feet to allow the construction of a single car garage. He pointed out the srr'oposed construction on Page 4-L of the agenda book. He further explained that the petitioner had also requested vacation of the easement and the public hearing on this item was upcoming the following week. The City Manager questioned if it would be proper to take action on the request that evening when the vacation request had not been to hearing. The Public Y2orks Director said he thought it would be in order to approve the variance request, but the vacation would still be pending. The City Manager said if the matter is tabled until the public hearing, the Council would be allowed to determine the approval or disapproval of the area property owners. Councilman Breider asked if any memb�r ofi the Council had any objections to the current variance request and all of the members indicated there was no objection. Ni0TI0N by Councilwoman Kukowski to table the matter of the variance request by Mr. Robert and Mrs. Barbara Hinrichs. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the riotion carried unanimously. A REQUEST fOR A VARIANCE TO REDUCE THE FR�JNT YARD SET6ACK FROM EIGNTY FEET TO TNIRTY FEET SECTION 205.103, 4A, AND TO REDUCE THE SIDErYARD S�TBACK�f�-ROM �I�TinrNr 0 #540 PART OF I.OT 7, AWllutt'S �uuuiv��r IYV. IJJ .,,� .-., . E., FRIDLEY, MINNESOTA �EQUEST BY BERGSTEDT-ANDERSON , NUE N. E., FRIDLEY, MINNESOTA : ', i The Public Works Director explained the requests as listed in the heading. He ' � said the architect, Mr. Jacobson, was present to answer any of the Council's questions. ', 7he Public Works Director explained that the property to the east did not have adequate, parking and said the current proposal would require 24 parking stalls. He said , there is a reconmiended stipulation that they provide 46 stalls for the mutual use ' of the office and the apartment cor�iplex, He mentioned that the property was not , split at the time that the apartment was developed. He also explained that the lot split had been registered by the County but not approved by the City Council. Mayor Nee recalled a request for a lot split on the property about two years ago ' that had been refused by the Council. He said this approval was not given because of the need for additional parking for the apartment complex. The City Manager asked if the proposal met the provisions of the Code. The Public ' � Works Director said the construction met the requirements of the Code until the additional parking was suggested. Mayor Nee questioned the conditions of the lot split. 'He asked if it is or is it not � split. The City Attorney said he could not tell until he could look at the County records to determine when the lot split took place and the ownership of the property changed. II� � � ; 82 REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 0 PAGE 6 ; , � �! Mayor Nee asked how short the apartment complex was in parking stalls. The Public Works Director said 43. He explained at the time the apartment was built the Code requirement for parking was 73 and at this time the requirement is 116. Ne said this is a difference of 43. He said if the Council approved the request with the stipulation of the add�tiona] parking, the office parking would back up the apart- ments with the 46 stalls. The City Manager said the office would be closed when most of the people in the apartment would like the additional parking: He said the businesses woald only be open until 5:00 P.M.. He said with the joint parking lot, he felt this to be a good solution to a bad problem. Councilman Breider questioned what would be the case if the people from the apart- ment complex would want to park in the office complex during the day hours. The Public Works Director said the requirement of the office building would only be 24 stalls and this will leave many for the apartment parking. Councilman Breider made mention of a situation in the Commerce Park office building where there is an unemployment office and people park in the field and also in the street. He said the amount of space needed cannot be determined because it is an office. Councilman Breider asked how this type of situation could be controlled. The City Manager said the stipulation for the cooperative parking would be filed on the records of the property and wouid be binding no matter who owms the property. He said they would have to live with the agreement stipulations. The Public Works Director said a real estate firm and an engineering firm had been considering locatin g in the bui7ding. , ,�. The City Manager said Councilman Breider's poirt is well taken and he questioned if it would be possible to limit the use of the facility to a lesser traffic generator. The City Attorney advised the Counc�] that he did not know how this could be done. Councilman Breider comrrrented that he cou7d see a constant hassle about who is parking in the lot. Mayor Nee asked if the C-0uncil cou7d not split the lot and require the apartment to install more parking in the area. 7he City Attorney said he did not know the City could require this. Mayor Nee said the apartment ow�ner had enough land to p�ovide good parking and he cut off a piece and sold it. Councilman Fitzpatrick asked what assurance the City would have that some future owner could end the agreement. The City Attorney said the covenant could be written that any succeed7ng owner would be liable for these condit9ons. He said this would be on file with the register of deeds. CounciTman Breider asked how the parking venture would be enforced. He questioned what would happen if the office building pu� up signs to allow parking for the office building and its patrons only and indicated that all others would be towed away and the cars were towed away. Ne asked what the City would have the power to do in this instance. The Ciiy Attorney said he was not sure how the agreement or covenant should read but it would be between the two property owners and the succeeding owners. He said the agreement coulc+ say that a portion of the parking stalls would be mutually used, or more specifically what portion in number could be used. Councilman Breider said the people visiting the business would park inthe apartment lot and visa versa. He said the first person there would get the parking spot and ' everyone else would be out of luck. ' The City Manager said this could bE done iike a shopping center where all of the merchants and their employees share the lot. Mayor Nee said this cendition would be controlled by one person, the owner of the office building. �--� i I The City Manager said this proposal was a reasonable solution to the problem. He said it is not the best solution but it is a solution. i �___ . ' j � ' ' ' ��I � C ' ' r � �_ 1 ' ' �tEGULAR COUNCIL MEETING OF SEPTBMBER 8, 1975 PAGE 7 :, Councilman Starwalt questioned why anyone would want to buy the land and furnish ' the parking for another propertV owner. Councilman Starwalt asked the Architect if he was aware of any problems in this provision. ', Mr. Jacobson said he was not aware of any problems. Councilman Starwalt asked ', if there was a problem with the owners sharing the parking. Mr. Jacobson said he had talked to them at length and they are willing to have an attorney draw up the agreement. ' ' Mayor Nee said as long as there is going to be a building on this property, this , proposal is better than what had been proposed in the past. He said there is a question of whether the applicant should be forced to put in the parking spaces needed by the apartment and not by his building alone. , Mayor Nee said his problem with the proposal is that the property was split and sold ' and they did not come to the City to do it. ', The City Attorney said if the Council wanted to table the consideration, he could , check the records at the County and determine what had been recorded as far as owners of the �roperty and the lot split. He said if the lot split is valid this , would allow the Council to make a decision. He also mentioned the pussibility of , unrecorded interests. ', Mayor Nee questioned if the City should obtain the concurrance of the two property ' owners in regard to ihe parking agreement before making a final decision on the , request. ', The City Attorney said the agreements would be between the two property owners ' but he fe't the City should take a look at the agreements before issuing the building permit. ', Mayor Nee instructed the applicant to see if the agreeinent could be worked out and Mr. Jacobson agreed to this. ' MOTION by Councilman Starwalt to table the considerat�on of the request for a variance , as requested by Bergstedt Anderson Realty for 1040 52nd Avenue N. E. until the next meeting of the Council. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , :QUEST FOR A SPECIAL USE PERMIT, SP #75-08, BY NAEGELE OUTDOOR ADVERTISING COMPANY: , f ALLOW THE COf�TINUATION OF AN EXISTING 6ILLBOf�RD 0�1_LOT 7, BLOCK I, RIVERVIEW _IGHTS, PER FRIDLEY CITY CODE, SECTION 214.042, THE SAME BEING 8150_EAST RIVER ROAD N.E.:'' =0UES1 FOR A SPECIAL l7SE PERMIT, SP #75-09, BY NAEGELE OUTDOOR ADVERTISING COMPANY: - _-__.. ____._ ,.: T. --,--�� cnn Grrr nF � nr 7_ „�� FOR A SPECIAL USE PERMIT, SP ,'t75-10, BY NAEGL THE CONTINUATION OF AN EXIS7ING BILLBOARD E3 v❑nniTrnN pFR FRT�IFY CITY GODE, SECTION 2� ADVERTISING COMPANY_ 20 APJD 21, BLOCK 4, araF RFTNG 6029 UNIVERSI n�u.v� ��. �-- • RE UEST FOR A SPECTAL USE PERMI"f, SP #75-11, BY NAE6ELt OJTDOOR ADVERTISING COMPANY: TO ALLObJ iNE Cf;NTINUATION OF AN EXISTING BILLBOARU U�V I.OT `L, AUDITOR'S SUL'CIVISION N0. 78, PER FRIDLEY CITY CODE, SECTION 214.042, THE SAME 6ETNG 51 IPJiERSTATE 694: REQUEST FOR A SPECTAL USE PERMIT, SP #75-12, BY NAEGELE�CIU'DOORnA�nRRcICI1RniV�SI0NYC10. �� ---- ---- TMe Public Works Director informed the Council that the petitioner had asked that the ', Council table all of the special use permits until the remainder of the requests are , considered by the City Council. ', Mayor Nee asked if the Council members felt the requests should t�e handled with a public ' hearing at the Council level. The City Attor°ney said he felt this would be appropriate unless they would tivant to rely onthe informati�n provided at the Planring Commission public hearings. Playor Nee asked if there was notice given to the property oamers concerning the requests and the Pub15c Works Director said yes the people within 200 feet of the billboards had been.notified. ' ., � � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 8 Councilman Fitzpatrick said he thought the Council should note that the recommendations of the Planning Comnission on these considerations are not unanimous as they usually are; the vote had been split. Mayor Nee said he would like to advise the people and provide publicity of the public hearings. The Public Works Director asked if the consideration should return to the Council to set the public hearing and Mayor Nee said yes. MOTION by Councila�oman Kukowski to table the consideration of the special use permits for the previously listed locations. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CATV COMMISSION SPECIAL N�EETING MINUTES OF FIUGUST 13, 19�5: MOTION by Councilman Starwalt to receive the minutes of the CATV Commission Special Meeting of August ]3, 1975. Seconded by Council�JOman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION Of EXCHANGING CASH FOR SCRIPT - LIQUOR ��ASS ACTION SETTLEMENT - MCKESSION WINE AND SPIRITS COMPANY: The Finance Director explained that the City will receive 75� of the face value and interest for this period of time and save some bookkeeping expenses if the proposed action is approved. He pointed out the amount to be relatively smai7 kith value of $448 versus the face value of $598. Mayor Nee said he believed the proposal to be prudent and thoughtful. Councilman Breider said the action makes sense. MOTION by Councilman Breider to authorize the exchange of cash for script as recommended by the Finance Director. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 176-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1976-1: � 7he Public Works Director said this resolution related to the proposed streets for improvement the coming year and pointed out the list of those streets to be on Page 7 of the agenda book. ' Mayor Nee asked if the streets h.a:d been pet�tioned for and the Public Works Director said no they were part of the ten year improvement program. Councilwoman Kukowski asked which year the City was currently in within the ten year program and the Public Works Director said this would be the seventh: The City Manager said 85% of the streets in the City have been improved and are up to standard. Councilman Breider questioned if 57th had been brought through this process in the past. The Public Works Oirector said it had been but the maintenance costs on this street are quite high. Councilman Breider said the people can be brought in and it can be determined if the im�rovement would be any more favorable at this time. MOTION by Councilwoman Kukowski to adopt Resolution No. 176-1975. Seconded by Council- man Star4�alt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 177-1975_-_AUTHORIZING AND DIRECTINC THE SPLITTING OF SPECIAL ASSESS- MOTION by Councilman Starwait to adopt Resolution tJo. 177-•1975. Seconded by Councilwo�an Kukowski. Upon a voice vote, all voting aye, Mayor Plee decjared the motion carried unanimous7y. • RESOWTION NQ. 778-1975 - DIP.ECTING THE PREPARATION-OF TN[ FINAL ASSESSMENT ROLL FOR THE TR'EATMENT AND REMOVAL OF TREES: Cauncilman STarwalt asked the value of the removal of the average claim. The Finance Director said he did not have the figures before him but the average range is from $100 to $150. �� ; �._____�_. , ! � ' � i2EGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 9 H J,, Councilman Starwalt questioned if there was scme sort of policy that would lessen the amount. Councilman Breider said there is a state reimbursement policy. Mayor Nee pointed out the various amounts paid under the State Reimbursement policy. Mayor Nee said the City does not currently have this program. MOTION by Councilman oreider to adopt Resolution No. 178-1975. Seconded by CounciTwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared declared the motion carried unanimously. RESOLUTION N0. 179-1975 - DIRECTING PUBLICATION 01= HEARING ON TNE PROPOSED ASSESSMENT RO cl�D TUC TDCAT6�CAIT OAlfl DCMhI/�I (1C TRGGC• � � MOTION by Councilwoman Kukowski to adopt Resolution No. 179-1975. Seconded by Councilman' Starwalt. Upon a voice vote, all voting aye, �layor Nee declared the motion carried , unanimously. ', The Finance Director asked the Council if they would like information concerning the ', State Reimbursement policy. Councilman Breider indicated that the policy would not , change the current assessment roll. ' Councilman areider suggested that the State Reimoursement policy be. an item at the ', next conference meeting of the Council. ', CounciTman Starwalt asked if the Council jvould also be given some information on the ', sewer situation where there is less being pumped than flushed. The Public Works Director said he would provide the Council with this information. ' CLAIMS: � ' GENERAL AND LIQUOR 11251 - 11546 ' MOTION by Councilwoman Kukowski to approve the claims. Seconded by Councilman Starwalt. ', Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarimously. , LICENSES: ', CIGARETTE 8Y APPROVED BY Central Speedy Car Wash Rick Tshcata Public Safety Dir. ', 5201 Central Avenue ', SOLICiTOR ' The Children's Theatre Co. Sarah Lawless Put�lic Safety Dir. � 2400 Third Ave. S. I GARBA6E PICKUP ' Gallagher's Service Inc. Richard T. �allagher Health Insp�ctor , 9151 Central Ave. ' Tarco, Inc. Dennis McGraw Health Inspector I DBA Modern Services ' P. 0. Box 4445 ' GENERAL CONTRACTORS . ' Carpentry and P,ssociates, Inc. Paul Withers Darrel Clark ', 6002 Excelsior Boulevard St. Louis Park, Minn. � Construction 70, Inc. Douglas A. Chesnut Jarrel Clark 7430 W. County Road °C" ', St. Paul, Minn. 55113 ' ' Dahlmeier Construction Co. S.W. Dahlmeier Darrel Clark I 8460 Cottagewood ' Spring Lake Park, Minn. 55432 ' Denesen Company, Harvey Peterson � Darrel Clark ', 2836 Colfax Av. S. ', Minneapolis, Minn. 55408 ', 1 �-�, �F REGULAR COUNCIL h�EETING OF SEPTEMBER 8, 1975 GENERAL CONTRACTORS CONTINUED BY Fridley Custom Homes Wayne N. Friday 1016 Bunker Lake Blvd. Anoka, Minn. 55303 Maranatha Construction Richard Baanrud 2403 54th Ave. N. � Brooklyn Center, Minn. 55430 Minnetonka Pools Inc. Dailey Janssen 10820 Wayzata Boulevard Minnetonka, Minn. 55433 Springfiled Homes, Inc. Lee Kupcho 3717 Foss Road Minneapolis, Minn. 55421 Wyman Builders, Inc. Dale Wyman 15629 Oak Ridge Road Hopkins, Minn. �5343 HEATING Master Mobile Home Service Robert Fassett 2189 Long Lake Road New Brighton, Minn. 55112 ' hUaSO�dRY Kuledge Construction Steve i:uledge 1924 6. Oakview Lane Minneapolis, Minn. 55441 Main Masonry Lawrence Masonry 2127 N. Ferry St. Anoka, Minn. 55303 MUL;IPLE DWELLING LICENSES: OWNER ADDRESS Floyd C. Bailey 5900 22 St. N. E. 5861 W.Moore Lake Drive Floyd C. Bailey 5861 W. Moore Lake Dr. 5908 2'Z St. N. E. Floyd C. Bailey 5916 2%2 St. N. E. 5861 W. Moore Lake Dr. Gerald L. Miller 5900 3rd St. N. E. 5420 5th St. N. E., Apt. 2 fridley, Minn. David C. Nelson 5980 3rd St. N. E. 20186 Connie Drive Anoka, Minn. 55303 Terrance H. Mickley 5419 5th St. N. E. 7075 Hickory Drive �ridley, Minn. 55421 � Gerald Miller 5420 5th St. N. E. j 5420 5th St. N. E., Apt. 2 I James H. Johnson 380 57th Place N. E. G21 Bennett Drive Fridley, Minn. 55432 � I� M. A. Biddle 211 79th Way N. E, 4800 Cedar Lake Road , Minneapolis, Minn. 55415 PAGE l0 APPROVED BY Darrel Clark Darrel Clark Darrel Clark Darrel Clark Darrel Clark William Sandin Darrel Clark Darrel Clark UNITS FEE APPROVED BY 7 $15.00 R. D. Aldrich Fire Prev. R. D. Aldrich 7 15.00 Fire Prev. 7 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. . 8 15.00 R. D. Aldrich Fire Prev. i ' .% ' �- ;... � 1�:-�.'; ;; �', �." ' � �. , � � - � � � ' C' � �I� � ' �� ! ,� , � REGULAR COUNCIL MEETING GF SEPTEMBER 8, 1975 — --- — ---� $7 , I { PAGE 11 ' OWNER ADDRESS UNITS FEE APPROVED BY , Virginia Carlson . 231 79th Way N. E. 7 $15.G0 R. Aldrich I 231 79th Way N. E., Apt. 5 Fire Prev. Fridley, Minn. 55432 ', Donald C. Anderson 5960-5980 Ahna St. N. E. 33 38.00 R. Aldrich ' 3319 Belden Drive N. E. Fire Prev. ' Minneapolis, Minn. 55418 ', Victor Lohmann 5950 East River Road 12 17.00 R. Aldrich , 3515 lOth Ave. S. ' Fire Prev. , Minneapolis, Minn 55407 ', Leonard E. Dailey 8191 East River Road 5 15.00 Fire1Prevh ' 8191 East River Road Fridley, Minn. 55432 ', Bruce C. Anderson 4030 Main St. N. E. 4 15.00 R. Aldrich ' 1815 Cleveland N. E. Fire Prev. , Minneapolis, Minn. 55418 I Kenneth F. Peterson 6011 Main St. N. E. 4 15.00 R. Aldrich ' 2441 Lyndale Ave. S. Fire Prev. I Minneapolis, Minn. 55405 Kenneth Peterson 6019 Main St. N. E. 4 15.00 R. Aldrich I 2441 Lyndale Ave. S. Fire Prev. , Donald C. Wescom 117 Mississippi Place N. E. 4 15.00 R. Aldrich ', 117 Mississippi Place N. E. Fire Prev. , Fridley, Minn. 55432 Ronald Shelton 140 Mississip�i Place N. E. 4 15.00 R. Alc�rich , 8844 75th St. S. • Fire Prev. Cottage Grove, Minn. 55016 ' Chris Jelevarov 160 Mississippi Place N. E. 4 15.00 R. Aldrich ' 160 Mississippi Place N. E. Fire Prev. , fridley, f4inn. 55432 ' Innsbruck North Associates I 1601 N. Innsbruck Dr. 1601 N. Innsbruck Dr. 258 263.00 . R. Aldrich Fridley, Minn. 55432 Fire Prev. ', Edstrom Realty 155-157 Satellite Lane N. E. 33 38.00 R. Aldrich ', 960 East Mark St. , Fire Prev. Winona, Minn. 55987 Edstrom Realty 195 Satellite Lane N. E: 20 25.00 F�relPrevh 960 East Mark St. ', Carl W. Lidberg 6111 Star Lan° N. E. 18 23.00 R. Aldrich , 3816 Central Ave. N. E. fire Prev. tdinneapolis, Minn. 55421 ' MOTION by Councilman Starwalt to approve the licenses. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. ESTIMATES: I Comstock & Davis, Inc. ' 1446 County Road "J" I Minneapolis, Minnesota 55432 � ' � PARTIAL Estimate #1 for furnishing resident inspection ' and resident supervision for the staking out of construction work for Water, Sanitary Sewer, Storm Sewer & Street Grading Improvement Project No. 117 from July 28 through August 16, 1975 $1,518.26 PARTIAL Estimate ;l9 for furnishirig resident inspection and � I I l � .. � � . . � �� _ • �i. I REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 12 , ;` i � resident supervision for staking out of the construction work for sanitary sewer Improvement Project No. 113 from July 28 through August 16, 1975 $ 796.07 Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for the City of fridley by Carl Newquist for August, 1975 $1,327.50 MOTION by Councilwoman Kukowski to approve the estimates for payment. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUESTED DISCUSSION BY ISLANDS OF PEACE FOUNDATION: `' Councilwoman Kukowski said since she was the only member of the Board of Directors of the Islands of Peace Foundation present, she would request that the Council and the Board of Directors have a special meeting. Several times and days were suggested with the consensus of the members agreeing to Wednesday, September 17. MOTION by Councilwoman Kukowski to set a special meeting of the Council and the members of th'e Board of the Islands of Peace Foundation for Wednesday, September 17, 1975 at 8:00 P.M. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ISCUSSI.ON REGARDING HOME FIRE DETECTION PROGRAM: The Civil Defense Director/Ass'istant fire Ghief, Mr. Robert Aldrich, addressed the Council and said the proposal was to provide a high degree of protection at a minimal cost to the residents of the City of Fridley. . Mr. Alclrich said shortly before the fatal fire that had occurred recently in the City, he had been working on a system to make this type of equipment manditory by ordinance in the City. He said he had been provided with a copy of a magazine explaining the program instituted in a Pensylvania City and had corrununicated with that City to get the particulars on the program. He said it would be his intention by obtaining bids for , equipment with set standards to get the price down to rock bottom and have the City act as a clearing house, not buying the equipment and selling it, but only certifying that interested persons are residents of the City and allowing them to contact the low bidder. Mr. Aldrich said *he development of the detection equipment has come along way and the ionization detectors are the best in detecting fire. He said they had not zeroed in on a specific type of model, the specifications had been drafted around the standards of the National Fire Protection Association. Fie said any of the units would meet the criteria and allow the people of the City of Fridley to install this equipment in their homes at a minimal cost. He said he had some salespeople come door to door with identical equipment wh�ch was purchased for the Fire Department by the relief Association for $40 and they were selling the equipment for $90. He said he had given the Purchasing P:gent three pages of companies who made equipment that met the standards of the State of Minnesota and they were all able to submit bids to the City. He said the State Building Codes now require installation of the fire detection equipment in any new homes and FHA also requires this in homes that they have the mortgage on. Mr. Aldrich pointed outa battery operated unit to the Courcil and said they also have _�. a primary powered unit which can be plugged in to the wall or hard wired into the . circuitry of the home. He said both units have been tested by the proper agencies or FM and UL. Mr. Aldrich explained that the battery operated unit chirps one time per minute for seven days to warn the user that the battery is getting low and the other unit is just not operational if the power is out. He explained that both units are very sensitive and will respond to .003 to .1 micromes. He said this would be an amount that would be invisible to the naked eye and would put the equipment into an alarm condition. Mr. Aldrich said if the equipment had been installed in the home on Rice Creek Road, there would not have been a death in the fire. Hesaid the fire could have been detected in three minutes and the fire had been burning about one hour before detected. Mr. Aldrich said there will be a mailing for the upcoming Fire Prevention Week in which information could be sent to each dwelling unit in the City (October 5-11). Mr. Aldrich said he had talked to Noneywell and they would offer the units at about $22. He mentioned there is quite a bit of a markup in the units and he would like to get the price down with the people of the City receiving the benefit. _-- --; —z--- � � (` , � t ' REGULAR COUNCIL MEETING OF SEPTEM6ER 8, 1975 PAGE 13 8� Niayor tJee asked if the City would be liable for the units. Mr. Aldrich answered not any more than they are for sprinkiing systems instal]ed 9n the City or for fire hydrants. Mr. Aldrich continued to point out that this had been discussed at the Department Head meeting and the City ATtorney had indicated he did not believe the City would be liable. Mayor Nee mentioned the possibiiity of people selling ' City offering one. Mr. Aldrich said all will have a get upset about this. He said if someone would want them for the same price. other units becoming upset by the chance to bid and he would hardly to sell the units, they could sell The City Attorney mentioned if the ]iterature comes from the City Fire Department, ihe ' people of the City will put more credence in the equipment than if it was offered by the selier. He said he felt if the equipment is tested by the National groups and there is a failure, the people would and should go back to the manufacturer of the equipment. The City Attorney questioned ;f the units would be available in more than one style. � Mr. Aldrich said he is asking for bids on three types of units, battery operated, AC and photo electric. The City Attorney said three types would be available and Mr. Aldrich said yes. � Mr. Aldrich said 'e is indicating the detection would be done by smoke detection because the other types or equipment are not completel.y reliable. He said it would be possible h different t pe of eouipment such as a heat detector in the garage and tie to ave a y , this into the smoke detection system. Councilman Fitzpatrick asked if the smoke detection equipment could be activated by cooking smoke and cigarette smoke. Mr. Aldrich said this would be possible and the equipment can be adjusted. Ne added, he believed this to be a bad feature of the , equipment. Councilman Starwal+. asked if a periodic test of the equipment should be made to determine its perfiormance. Mr. Aldrich indicated the methods by which ihe equipment could be tested and said it is suggested that the equipment be checked monthly. MOTION by Councilwoman Kukowski to authorize the execution of the Nome Fire Detection Program. Seconded by Councilman Sta nvalt. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. LETTER TO DIVISION QF EMERGENCY SERVICES FOR REGIONAL ACTIVATION OF STORM WARNING SYSTEM: Mr. Aldricfi explained the letter drafted requestir.g some action toward gaining a local warning system. He said there is some questi�n of whether the City should activate their warning themselves. He said he had heen loaking into this type of matter, 1or the past 18 months in conjunction with the development of the railroad yards in the City. Ne mentioned the vast amounts of toxic and inflamable materials being moved by the railroad and the possibility of something going �vrong. 'rle said witli the prevailing southwest summer winds, there would be a threat to the citizens of that area. Mr. Aldrich said he would like some system to alert the communi±y if something would go wrong in that area. Fle said h� believeQ the City shoutd be able to activate the warning system themselves. He said with the greater amount of toxic materials being moved, the peqple wouid have io be n�tified in short order. He mentioned the costs for a 1oca1 activation program ta be about $1,Q00 for the installation and an ongoing cost cf ahout $15000;per year for the service from the 7elephone Company to keep the lines open. The City Man�ger said this �s basically a two par�t considerat�on> one is the approv'al of the concept of the letter and the second consideration is the insi:allation of the Gity local warning activation equipment. He said the second consideration of the local�system could be discussed at budget time. Mr. Aldrich said after ihe May 19 starm in the City he felt there should be a more local warning system. He �aid the system is currentiy being activated when there i;s a tornado and they hoped te have the authority to also use the system with there are winds of hurricane force which would be in excess of 75 miles per hour. Mr. Aldrich said there is also the possibility of splitting the metropolitan area into twfl warning areas. He �nentioned thai: there are two separate st.orm tracts, one on the north and one on the south side of Lhe metropolitan area. F!e said he woiild agree that there s�ems to be a question of the vaildity of the warning if the system is activated in this area when there is a st�rm in Egan 7ownship. Mr. Aldrich said he would recommend that the Council authorize the sending of tf�;e letter asking that so�nething be done to localize the warning. MOTION by Councilman Starwalt to authorize sending the lett�r to the Division of Emergency t �s Seconded by Councilwcr�an ; !! II � � i Services for Regional Act�vat�on of storm �•aarn�ng sys ei� . � : _ I �_,. _._ _ , f�� __..._'_"'_"-""_____�_-f_._..._��..�.._...'_._..�� 1 ./� ' REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 14 .{ � I j Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Aldrich mentioned the possibility of the local activation being a regional operation with the cooperation of the railroad and also the City of Columbia Heights since they would have a vital concern about th� same conditions. He said even if the Cit,y would install the local warning system, the people would have to rely on the news media for details of the emergency. He said an `operational plan would have to be established to determine when to push the "panic button". He said in some instances, something would have to be done very quickly and in other instances some time would be available to make the decision. He also mentioned that the Council cauld even be reached for this decision making process in many instances. , The City Manager said he wouTd like to talk to the railroad and Columbia Heights on this proposal. He said they could get together and get the total cost and make a decision at that time. Mr. Aldrich recalled in a L. P, emergency, they had been told in the past to evacuate up to 3Q0 feet and now H�ith the increase in toxic materials evacuation would have to be from 2;000 to 3,000 feet. He recalled that �n a recent �.�ergency, a railroad car was blown a couple of thousand feet. The City Manager said this consideration would be brought back to the Council after the Administration contacts the railroad and i:he �ity of Co1umbia Heichts. Mayor Nee asked the administration to work on this item and bring it back io the Council. CONSIDERATION OF REQUEST BY LEAGUE OF WOMEN VOTERS FOR FUNDING F4R DELEGATE F�R WATER'S EDGE FORUM: -- Mayor Nee read the com�nunication received from the League of Women Voters. Councilwoman Kukowski asked if anything like this had ever been done before. Councilman Breider said the City had paid the costs for various commission members to attend seminars,but not someone from outside the City Boards or Commissions. Mayor Plee said perhaps the City should send one of their own people instead. Councilman Dreider said if something like this got started, they wou1;9 receive hundreds of requests for people to be funded as delegates. ', AOJOURNMENT: t��i'I0�( by Councilman Breider to adjourn the meeting. Seconded by Councilwaman Kukowski. Upon a voice vote, a71 voi:ing aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 8, 1975 adjourned at 11:11 P.M. � 'r-''� � ��; �� .�.��.<.... -,-yU Pat Ranstrom William J. Nee � Secretary to ti�e City Council Mayor Date Adopted � .__ � � r- _ _ __ _ , FRIDLEY CITY COUNCIL MEETING � � PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTEQ IN� DATE: ��2� ��/ �.I � �:' NAME AQQRESS ITEM NUMQER ------------------------------------------------------------------------------------------=------ ��h ��__��.�'�'�.��__��_��.�..._�.�....�`�...�.�__'��"��. �`��_'_��.��..._�.�....r^�� .��_� � S� � �� I � � i�w �. . � : �"' �. . . �-T . � ,. � t � ( 1 . � 1 � � , V. c ��.� � ��,- � �� ! �-'�c. ��, ��e�{ � �✓'�� - � �� c� � �� s7 Q��=-sk � ' �vV�7 iC' h5 0 �_ i f% r ��i� �C� �� ,�, . �� %� �� ..r5� � �� g � �— � �� -Y �F � � � ��1T�L''�� ll�" �►. � . - , ; � �� ► •�'� �1' ;r: � „ ��►� .i , �, � ,1 �. i� .'�,4a �� . ' � � �� i �-�� k ,S/ /� I / f ~ . � � �` �1 � �' � � i �' � �' , , , , . , , � � � L ' i.... � � �. / � � . � : . � �L�.i�!��_., .,-�i � .�_ /'r', ,, - � �r _ �. . �_ . � ; _ • ,, :s ,I . � � , 1 , �/ , �.� u1.. � �/ ' i / � 'tf'�� ' ;� " �- - . '� FRIDLEY CITY COUNCIL MEETING , �� PLEASE SIGN NAME ADDRESS AND ITEM NUMBER IN7ERESTED IN QATE: ' � , NAME _____^__'___^^__ADDRESS__ ' ITEM NUMBER � j , , �� -� ��-� /.�� O ,� , n�` / , F, � / � � � f H d� 1 , o �� ` _ �. I' � /��._- /� i��_� i �� _ �,� C�/� �� yl'1�,� : �%�� I ��.=� � �'�� l-�--;,� n1�--" ' f A-c.-�._ _ ,, _ ' ' 1, � 1 � � I� �� ' �l � � ' �� , ' . REGULAR MEETIi�G, SEPTEI��ER: 8, =1�7� .. . . . . .. ... .... . .!. . PA6E 3 � iVEW BUS I i�ESS : � . . , � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING � oF AuGUSZ 20, 1975, ,. ` ,. ,. , ,. .,. , .,. .e. ` ' ,. , ,. ,. ' .' , , 4 — 4 �� -+�' CONST�7ERATI.ON OF HUMAN RE50URCES COMMISSION MINUTES, OF �1UG(1ST %,� 1�75 �A-4F A� �IINNESOTA TENANTS UNION . 4A-4C COMM I SS I ON RECOf�1MENDqJ IO�.: 1� I SAPPROVAL OF � .�EQUESr� �.0 I L ACT�.ON RF(�U I RED : CONS I llERAT I ON OF � RECOMM�NI�ATIOR�. Z� CONS I DERATI ON OF APPEALS COMh1I SS I ON r��I NUTES � OF Aucus-r 12, 1975 � ��-4N A� BARBARA•NINRICHS, 981 RicE CREEK TERRACE � !�G-4H �-� 0 M SSIQ�Y RECC� E�M �DATION: APPROVAL � COLlNGIL AGTION �EQUIRED: �ONSIDERA�ION OF RECOMMENDATION � � ' B. OFFICt �UIL�ING, IO�Q �ZND AVENUE, BY 4H-4J I�ERGSTEDT-ANDERSO�'� REALTY .. _ . ........... _. . . .._ .. . �Q�ISSION RECOMMENDATION.; AFPROVAL � �Q�Ctj�,�CTICtN R� U(� IREI7: CONSTDER RECOMMENDA- 7I0l4, ALONG t�VI l"H PLANNI NG COMMI SSION' S RECOMM�NDATION ON THE LC�ST SPLIT REQUEST , 0 REGU.LAR NIEETING,: SEPTEM:�ER 8, :1975- .. . . . . .... ..; ....PAGE 4 i�EW BUSIiVESS (COi'JTIiVUED) � � � RE�CEIVING PLANNING COMMISSION P!III�UTES CCONTINUED) ', ��. BERGSTEDT-ANDERSON REALTY CO�, L�S, #75-06, 4p-4S . , . . _... . _._. _ .-- _. _ __. ..: ._ : _ PJ.,,6llJyING CO,�.�S ON RECOMS�Ei�I12ATI0N: APPROVAL �OUNCIL ACTION R QE UIRED: CONSI.DERATION OF ' RECOMMENDATION � �-� . I�IAEGELE � S, SP �75-�J�, 815� Eas-r R I VER ROAD PLANI�ING COh1MISSI�N RECOMMENDATIQ�: APPROVAL COUNCIL ACTION REQUIRED:� CONSIDERATION OF RECOMMENDATI�ON � 5� �JAEGELE�S, SP #75-09, 72�1 HI�HwaY�#65 PLANNING COMMISSION REG�M,MENDATION: APPROVRL WITH STIPULATIONS COUNCIL ACTIO_�_RFQUIR�.p.: CONSTDERATION OF RECOMMENDATION 4s-4BB 4B'EB-4�� - - . . . , ' � ' . . , , REGULAR MEETIidG, SEPTtMbER �;: �1975 . . . .. . . ... .. . PAGE � 5� . — , ' , ��EI�J BUSIiVESS tC4iVTINUED). . . � � ' . RE('.EIVING PLANNTNG CQMMISSION MINJTES CCONTINIlED) .. . �� I�IAEGELE�S SP t��5-1�, �Q29 UNIVERSITY AVENUE �I}D-�FF , . .... ,... .: . ... . ... . . ... .. .. . _.. . ' PLAI�fVING COMMISSION RECOMMENDATIO : APPROVAL WITH STIPULATIONS ' � . COUNCIL ACTI�N REQUIRED: CONSIDERATIO�! OF RECOMMENDATIQN ' � . . , ' ' ' � . � . i'� �AEGELE'S SP� #75-11, 51 I.694 4F',F-4HH � I� P_AN[� I NG 0�1f�1 I S�I �i� RF.,.�4"��tE�1�AT I ON : APPROVAL ' WIiH ST�I"PULATIONS , � COUNCIL ACTIQN REQUIRED: CONSIDERATIOC� 0� RECOMMENI�ATION � � . r . .• � . ' . ' - . - ' � • . . . �:�� {AEGELE�S 51� #%�-12, �3 I,694 4HH-4JJ , .._. . . _ _. _ _. � PLANNING COM�1ISS_ION RFCOMME�i�ATIQN: �PP�OVAL ', WITH STIPULATIONS ,' � , . . - �. COUNC I L ACT I ON REQU I.fiEli: CONS I DERAT I ON OF � � RECOMMENDATION . �� ' ' • ' _ . . ' • � . ' .. RE��ULAR M�ET I idG, SEPTEMBER �,: 1�75 ., . . . . .. . . ... ... ' . PAGE 6 __ � idEW BUSINESS (COi�TIIUUED) � � REC . . .... .... _ .._ . EIVING THE CATV CoMMissioN SPECYAL l'�IEETIf�G �'il��lUTES �F Au�usT l3, 1�75, ; , , .,. ., ` . . �� . , . �, , : n 5-5� CO�lSIDERATION OF EXCH�NGItVC CASN FOR SCRIPT — LIQUOR ; CL,ASS A�CTION SETTLEMENT — MCKE5SON �V�IiVE AND SPIRITS � C0�1PANY � � � . � � � � � � � . o : . � � � . � � . � � � , � 6 = � F CONSIDERATION OF A RESOLUTION ORDERING �RELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREtT I MPROVEMEfVT PROJECT ST . 1976--1 � ., . � . � • � � � ' � � � . .. . REGULAR MEETIfVG,. S�PTEMBER 8, 1975 �. . ... . . . .... .... .... ....PAGE 7 NEW BUSIfVESS��(CO�VTIPdUED) CO�NSIDERATION OF A RESOLUTIQN AUTHORIZING AND DIRECTING ', THL SPLITTING OF SPECIAL ASSESSMEI�TS OtV PARCELS i�OO ' AN� IZOi, SECTION Z4, AND REPLATTING INTO GRACE H.IGH ' SCHOOL ADDITION, � . � � � � � �� . � � . � . � , , � � � � � - S B CQNSIDERRTION OF A RES�LUTION DIRECTING PREPARATION OF � THE FINAL ASSES�NiENT�ROLL FOR THE TREATMENT AND REMQVAL QFTREES � � � � . Q � � � . � . � � . � . � � � � � � . . � 9 0 COIVSIDERATION OF A RESOLUTION DIRECTING PUBLICATION ' OF HEARING ON THE PRQPOSED �SSESSMENT ROLL FOR THE TR�ATMENT AND REMOVAL OF TREES. . . � � � � � � � . � . .. I.O — l0 B CLA I MS . . . �. �. . �,� �. , ,� �, , �. . . �. �. . , �, . �, ,� . �, �� , � 11 � ' ' ' - ' REGULAR MEETING. SEPTE`�$ER 8, .1975 : . . . . ;... ..PAGE 8 , ' f�EW BUSIfJESS .(CONTINUED) ' ' LICENSES. �,�,�,.�,�,,,,,�,�..�.��,�.�,�..,.,�,.12-12D .� . . ' ■ � . 1 . � ESTIMATES � � � � . � � . � � � � � � � � � � � � � � . � ' � �.3 � 13 A ' , �. ' - ' � S � 0 �A DS F P AC FOUNDATI ON ��.'� �.4 REQUESTED DI CUS�>I N BY ISL N 0 E E ' - � � , _ , . DISCUSSION REGARDING �iOME FIRE I�ETECTION PROGRAM� . � . . . �.5 - 15 A , � , , � � � . - - . _. LETTER TO DIVISION OF EMERGENCY SERVIGES FOR REGIONAL ' ACTIVATION OF STORM WARNiN� SY.STEM� � . � . � � �.. � � �!r � Ib - 16 A ' . �. . . ADSOURN� : _. 1 � - . ' . � . . , . . . � � �' � �, � � � � � f — �� " , � . �� , �. � i � ¢,� � r i . �� P � � � i . � �. : . � . : . . , . : :. : . . ��. � . , n � __ , . _, r� . . fy � ; . . . � .. � � � �.- _ }� � - # � ��F ; . , . �,�. , � _ � k t. . 4 . , . �� .. . . ..r. . . . . . . . . . . . , . . . . . . . . .. .. �.. .. ' � . 6 � �'. �. � � . _ � � . . � � . �' � �J �"d;,� � - � . . � . . � �, - �� i. � : � . �, . � . . . . � � �7 :' �- L'� "` � � � C � � ra¢��`� '�a �'�� . Y k � . � . . F '� ts�� ,' ��. 4 } I � - ^' �.a,p +�-' I� ° . k - . �� . . . � ` � � . � � . � _ � '� . . � . ' ; i . . . . � ;_ � . �_. . . � . fi . . . � ` n r. .."� � . � .. ry . .. .. � .. . . . . :, ��`�q„�.t` . , e . l + i _ '�. � � �v � � '� ; a . � . .. � � . . .. _ � ^� faF� . % '� � �r . � . k ' . � � ' � R � � .. . . . .. - . . , � `h'°� kyy$��4�� . �:� .. . . � - � . .� � � .. . � . . � +�'j � s. }x , F ' s r � �� , i � . : . � . � �„ k: . � .. . , . � � . ' ' . .. � � . A� ¢ '�" �� 'S` ,� : _ , � . _ . . . ;` . ��: . . . . � 7f ft �. F �� . f ', . . � . . . .. 1 �� '�:. ��' : 4� .. � . . � : � � k� 5 Y �� . . ' i .. . . . '` b= p +° a�a:- : THf MIN�ITES 0� il�� R�GULAFt MEETING OF THE FRIi3LEY CITY COUNC��. t�r �,�: �`� �{ ; � l� � � , ,W � � . ,z : -y., .� �; a� _' ' �a..�� ; . �: �, � � � � �''� � �! � . ' � �� , . , . . . � . , z � . . � � - . � . . . � fi . � �` � �� .. �� . . .. . � . . . . . . . . �� .. _ . . . . . �' �. � _ . � ' .. .. ', � - ' . . � � � . . .. . � � �. r_., t.�i.��.. . . . . � . � . . . �S� � � . ' . . � . . . ' . . . � b 3� . � . . � .. . . . x � � . . , �� • . . � �. � . � � I�� $� � . � � . ' . . � . . � � . . .. . . � T • � . . -� : � � � . � �. . � �. . . �. ... ' �.. .. : x? . . . ..i . . . � . . .. ..__.. .. y - . .. . �.;Y. . f � �: . . � � . l . . 4 � � � � � � 1i 1 g � ` Y. � . � . k. . � � � .. . .. �. :- i� . f� � �.. � � � . � � � , v. i, . . �� . . � . .,d Y,� . .... . .. � . .. .. . � . � . . ��y: y# � `;F II ��,. � . : . . . .. . . . - `t 1� . � � - . . . �5!' e � . � � � � - .�i. . �.., . , . . . X�, , hw ,;�. � 3 1` t _ �^ _ . - ♦+�� ' . I �I � � . . . � �"�k �_ � r � � . . .. . - -. � . . �3 ' ��k . � ,- , , . .. . . . . .. ,� � :. 4. ' ' 1 � THE P•1INUTES OF THE REGULAR MEETTNG OF THE FRIDLEY GITY COUNCIL OF JULY 21, 1975 The Regular Meeting of the Fridley City Coucnil of July 21, 1975 was called to oroer at 7:34 P.M. by Mayor Nee. � , PLEDGE OF ALLEGIAPlCE: , ' Mayor Nee invited those present to join the Council'�in saying the Pledge of Aliegiance to the Flag. . I� ' � , I i � , � �� ROLL CAEL: MEMBERS PRESEN7: Mayor;Nee, Councilwoman Kukowski, Councilman 5reidei�, Councilman Starwal't, and ;ouncilrnan fitzpatrick. P1EM6�RS ABSf_N'1': None. PRESENTATION OF CERTIFICATE: CGRTIFiCATF OF P,°PRECIATIOt�! TO CLAREiVCE BELISLE IN f�1Ei�102IUf1: ' Mayor Nee explained the certificate ��aas for a very fine employee of the Ci'ty of Fridley ', who had recently died. He said the certificate is to be forwarded to his fami1y. • , APFRO�lAL OF MItdUTES: j REGULAR PIEETIPlG, JUNE 2, 1975: ' • Council��oman K�akosuski cal1ed the Council's attention to page 4 of the rrinutes and ' indicated the hauler's name to be Kager, not Y.age. , MOTION by Councilman Sta�ry:alt to adopt the minutes of the Regular meeting of the Fridl�y City Co�!ncil with the correction noted by �ouncilwoman Kukowski. Seconded by Councilwoman Kukovaski. Up�n a voice vote, all votiny aye, Piayor �iee declared the motion carried unanimously. , PUBLIC HEARIN� MEE7ING OF JUNE 9, 1975: ' MOTIOPd by Councilman Fitzpatrick to adopt the minutes as sub�r�itt�cl. Seconced by Councilman Starwa7t.. Upon a voice vote, all voting aye, t✓�ayor fdee declai°ed the motior carried unanimously. ADOPTION OF AGENDA: Council�voman Kukovrski s�id she would like to add the renewal of the motion for the rezoning request by Richard Povlitski. Mayor Nee asked if th.ere vJere any objections to the renewal of the motion and there was no resporise. MOTTGPJ by Councilwoman Kuko;vski to adept the aaenda witl-� t��e addition of th2 renewel of the motion for the renewal of the rezoning request t�y Ricyarrl Povlitzki. Seconded by Councilman Star;•ralt. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: � MS. Y.AM METCFl!_F, 85Q !�I. MOORE LAKE DRIVE, YOUTM PROJECT COP1MITTEE: ', Ms. Metcalf addressed the Council and explainedthat she was a mer��ber of �he Youth Project Committee representing the Youth in ±he i.ity of Fridley. She further explained' that the Conu�ni*tee vaas in the process of formulating a survey which will deal with the activities of the conunittee. She said the committee �,ras co�tactiny �the diff�rent groups in the City of Fridley for their ideas on what should be included in i:he survey.', She said they were concerned with any questions that may reia�e to cne youth whether ' these ideas come from the youth of the communiiy or the adults. She asi<�d �h2 Council ', if they would like the survey to disclose any specific inforina�ion which should be included. • ' Mayor Nee said Ms. Metcalf talked ta most of the members of t��e Council before her ' present appearance. Ms. Metcalf said she had tried to reach each of the Council , membeNs and was not able to reach everyone. . , Mayor Nee said before any survey is circulated, would it be possibie for 1:he Council c �� REGULAR COUNCIL MEETING OF JULY 21, 1975 to see a copy. Pis. Metcalf said this would be possible. PAGE 2 Ms. P��etcalf•�said the Comniitee is putting up posters and maKing announcements to try to get the young people interested in this activity. Councilwoman Kukowski asked Ms. Metcalf if in her questioning, if she would include a question to the young people on if they are willing to work vaith the handicapped. She said this is somethinq she would like to know. Ms. Metcalf listed a few of the sample questions that would be included in the survey. She asked if the Council would like to include any special concerns or ques±ions. Councilman Starwalt said Ms. Metcalf was not successful in reaching him before the meeting. Councilman Starwalt pointed out that the committee should consider their needs together with how they will be paid for. He remarked that so many of the youth today believe that all they have to do is ask for son�ething and they will get it. He said he wouldlike to have the young people aware of the real world that they are living in. � Ms. Metcalf said the committee would first establish its needs and then go into the possible projects and their funding. Councilman Starwalt said very often the need and the cost are not equalized. He said he would not want this to be a let down because there is no money. • ' Councilman Fitzpatrick mentioned one possible ques'tion to be that they evaluate the recreational facilities for wl�at is being used and what is needed. Ms. Metcalf said this was to be done. Mayor Nee suggested that the survey include some questioning on the interest in conununity�service. Ms. Metcalf said the,y would try and cover all aspects if at all possible. . Councilman Breider suggested the survey include some information on summer jobs and act�vities. Fle mentioned the "rent u kid" proqram and saide0h�e havebjobs to feasible and workable thing for the City to try. Hesaid many p P have done that would take two to three days. Nis. Metcalf asked i� there were any questions concerning the committee. Councilman Starwa]t asked how many members are on the rommittee and P1s. Metcalf said approximately 15 from the ages of 12 through 18. � Mayor Nee sai.d he did not have any pressing.thoughts on the survey, but mentioned when it is completed he would like to go over it: He said at this time he and the other members of the Council might have some suggestions. Mayor Nee suggested they get together before the survey if finalized and Ms. Metcalf. agreed to this. ORDINANCE N0. 589 - AP1EP}DINC CHAFTER 507 OF TNE CITY CODE OF THE CITY OF FRIDLEY a + . MOTIOfd by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt the ordinance on second reading and order publication. Seconded by Councilwoman Kuicowski. Upon a voice vote, all �oting aye, P1ayor Nee declared the motion carried unanimously. ' CONSIDERATION OF P, EST FOR AN EXTE�lSION OF 7IME FOR�RESER�� LIQUOR LICFNSE, Mr. Wymari Smith addressed the Council and pointed out that the matter had been tabled from the June 16, 1975 meeting and also the July 7, 1975 meeting of the Council. He expla;ned that he had waited until late in the evening on June 16 and had been on vacation at the time of the July 7, 1975 meeting. Mr. Smith said Mr. Saliterman had asked Mr. Smith to speak for him and he did not attend the current meeting. Mr. Smith recalled that on about February 1, 1975 the Council had passed a resolution to al�low Mr. Saliterman six months reservation on a liquor license. He said at this time, Mr. Saliterman was in the process of discussing business with a good northeast restaurant which would have installed a satellite type of establish- ment at the King's Chalet. Mr. Srnith said Mr.. Salitern:an was assured that this would work out but about this tinie it did not work out� Mr. Smith,further explained after this time a s*orm hit t'riis area and it was difficult to get the necessary repairs conrpleted during the construction strike. �Mr. Smith said at this time, they wouid need some additional time and s�id the,y are at about the stage that they were � , ' � �' ' , � ' �tEGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 3 I � when the first resolution for the reserva±ion qf the license was passed. I' Councilman :;tarwalt briefly explained why the Council had ta�led the item at the ', previous meetings. Counc:ilman Starwalt said he wanted to know what kind of progress was being made in the establishment of the liquor facility. He said he would not I �want the applicant to just be taking up the City's time. Courcilman Starvralt said ', if Mr. Smith indicated that this was not his intent, he would believe it. Councilm�n Starwalt asked if there was a firm plan ±o remodel the facilities or were they just', wanting this to be set aside until they determir� who Hiould run the establisnment. ', Mr. Smith said Mr. Saliterman has a large investment and has suf`ered a loss becaus� the property is vacant. Mr. Smith pointed out that at the offset of the proposal w�th the City they were working with a group and they were hoping that this would work out. He mentioned they were going to take care of the remodeling to be in line with their . own theme. Mr. Smith said this type of remodeling would have to be done by the people who operate the facility. Councilman Starwalt said it was not firsned up as to who '. was going into the business. f4r. Smith said it was not possible for them to give ihe names of those that were going into busine'ss at this location. He said they had to'' trust that their plans would be acceptable. Mr. Smith said this consideration �,�ould have to come back to the Councilbefore approval anyway. ' Councilman Starv,alt asked if it is firm at the oresent time who would be goirg into ', business there. Mr. Smith said the first �roup is entirely out. Mr. Smith said P�r.: Saliterman had aslced him to get in touch with the City Co�:ncil�and because he thought � his time was up on the reservation for the license. Councilman Starwalt questioned what would be happenina after another period of time', on this extersion. Mr. Smith said it did not cost the City anything to reserve the' license. Councilman Starwait said he had voted for the reservation because he understood there would be an upstanding fully qualified restaurant at this location. Mr. Sm�ith said if this is properly done, it wouTd take time. Mr. Smith said if ; there was only one license available, he could see the concern for this delay, but '; said there are others available ar,d this would take some time on the part of Mr. , Saliterman. ' ' . ' � ' 1 ' ' � �. ' � ' ' � � MOTIOPJ by Councilman Starwalt to grant an additional six mont,hs time from the expiration date of August 3, 1�75 for the reserva±ion of a_licuor liecnse for h�ax ' Saliterman, Kina's Chalet. Seconded hy Councilman Breider� Unon a voice vote, all '. voting aye, hiayor Nee declared the motion carried unanimously. , CONSIDERATION OF ZONING ADMINISTRATOR'S DETER��IINATION Ifv THE P1ATTER OF TNE ZONING� OF THE FRONTIER CLUB, 7365 CENTRAL A�lEPIUE: ', AND RENEWAL OF THE MOTION FOR THE CONSIDERATIOiJ OF FIRST R[ADIfdG OF AN ORDINANCE FOR REZONING FROM C-1 T0 C-2. BY RICHARD POVLITZKI, 7365 i,EN7RAL AVENUE N. E.: Mr. Mark Haggerty, Attorney for �1r. Po'vlitzki, said a motion along thelines of ' rene�val of the original motion would be the proper way to reconsider the first • reading of the orc+inance since it had failed. fle mentioned that the renevaa'1 should ' be considered because of several reasons. He pointed out that Mr. Povlitzki has ' opened a new liquor establishment in Detroit Lakes Minnesota the previous Friday and' had the Frontier Club up for sale for the past two and a half weeks. He said accord,ing to the determination of the Zoning A.dministrator, a beer establishment cannot be in ' this non conforming use and if 'it were sold and rezoned, it would �e possible to ' regulate the area more. Mr. Haggerty asked the Council to renew the motion and ' reconsider the motion of two weeks ago. , Playor Nee said it is Councilwoman Kukowski's intent to make a motion to reconsider and he�asked the City Attorney if this k�ould be allowable. � The City Attorney said Councilwoman Kukowski was on the prevailing side of the ' motion and shc wouldhave the prerogative to make a motion to reconsider. The ' City A�ttorney said he had thought that this could be don� at the next meeting and in ' reading the comnunication ar,d Robert's Rules of Order, it is said that this had to ', be done at the same meeting when the original vote was taken. He said this had not ', been his understanding, but it is quite clear when it is read. He said both the ' League Information and Robert's Rules clearly state this. He said a motion to renew is different than a motion to reconsider and he referred to the communication from tlhe League of �tinnesota Municipalities, the last senience in paragraph three which read,'. "To renew a motion, one would simply offer the original motion again, as if it had never been acted upon." He further explained the motion to renew may not .' REGULAR.COUNCIL MEETING OF JULY 2I, 1975 PAGE 4 be renewed during the same session in which it was voted on except under special circumstances. The City Attorney said this concern had only been brought to his attention that afternoon and he had researched the question of how the matter would be placed on the agenda. He explained consideration of the renewal would have to , be placed on the agenda with a unanimous vote of the Council. He said according to the Statutes, the matter should go to the Planning Commission. Mayor Nee said he questioned if the matter could come back to the Council in less than six months time since it had originally been denied. The City Attorney said this is what his feeling had been also, but the only place ��here this requirement applies is in the issuance of special use permits and variances. He said it is not a provision in the ordinance for rezoning. MOTION by Councilwoman Kukowski to renew the consideration of the first reading of the ordinance for the rezoning request for the Frontier Club by Richard Povlitzki with the stipulation that all of the recominended stipulations of the Planning Commission be ' complied with before the second reading on the ordinance for rezoning. Seconded by Councilman Fitzpatrick. Cou�cilman St��walt questioned the point that the Council would all have to agree to the renewal being placed on the ager�da. Council�JOman Kukowski said everyone had voted for tPie adoptibn. of the agenda with this addition of the renewal of the f.irst reading of the ordinance. Mayor Nee said this is why he had asked at that time if there were any objections to this being placed on the agenda. He said the item did properly appear on the agenda witn a unanimous vote. Mayor Nee said he believed his objections to this rezoning were still valid and he thought that this area should be local business. He said he �id not think this a�as a good place for a liquor business. Council�,•oman Kukowski said she v�ould like to see the whole area rezoned. She mentioned Mr. :?ovlitzki has other commitments. She again said sne would.li.ke to see the whole area C-2 and said this would open up the area a little more. She mentioned the°e are two to three blocks along Central �venue that �-.ould be more suitable for C-2. She said she would rathei° see this rezoninq than blocks of empty buildings and vacant lots. Councilwoman Kukowski said if the area is not rezoned, she could see that•there would be one 7arge empty building that would not be used. Councilman S.tarwalt asked if the property could be sold with the present zoning without any problems. Mayor Nee said the new purchasers could do the same thing as Mr. Povlitzki. Mr. Mark Haggerty said if his cli�nt was considering purchasing the property he would advise him not to buy it if'�he zoning would not,allow the sale of 3.2 beer even if this use is grandfathered in. He said this would be detimental to the seller. He said the property should be rezoned and the area could be rejuvenated. Mr. hiangerty stated to have a non-conforming use in an area for 20 years is not proper. He said with the sale of the property, it would make the issuance of the liquor license a mute . question at this time. ' The City Attorney asked if this property is being sold as a 3.2 or liquor establishment:, Mr. Haggerty said it is being sold as a 3.2 establishment without any representation ' that liquor will be sold as this establishment. The City Attorney agreed that the , question of the liquor license �vculo be mute at this time. The Cit.y Attorney said ` ' the application"for the liquor license would be void until such a time when a new applicati'on is made. The City Attoreny asked if the property was being sold stating ' it will be possible for the buyer to apply for a liquor license. Mr. Haggerty said � ' - no, he is selling on the basis that this is a 3:2 facility. The City Atborney asked , - if the sa]e would be conducive on the City's issuance of a liquor license. Mr. . Haggerty said no, not whatsoever. Coucilman Starwalt said he was glad that this ' questiori had been asked and he further explain?d he felt the liquor license could not be tied to the rezoning. He said the application before the Council H!ould not carry over to the new owners. � Mr. Haggerty ans�rrered in his 4pinion, it would nat carry over. Mr. Hagge.rty again.� stated the prope•rty is being sold as a 3.2 establishment and the liquor license is not being referred to. He said the owner wanLs to sell the facility, lock, stock and barrel. Ne said it is absolutely not beino sold as a liquor establishment. � Councilman S�arwalt said he did not want the City to get into a bind on this matter. I' Mr. Haggerty said the owner has said he had applied for a liquor license but the � buyer would know tV�at this appli,cation would not be in effect and if the new owner �--� ' would desire to operate a liquar establishment, he would have to make his own application. � � REGULAR COUNCIL PIEETING OF JULY 21, 1975 PAGE 5 The City.Attorney advised the Council that a liquor license is not transferable. Ne ' said this would have to be obtained by the new owner. Mayor Nee said his questian would be to ask the area people in the residential ' neighborhood if they want a night club at that location. hl� said ��h°ther Mr. Povlitzki' is the owner or not, this use wouid continued. Councilman Starwalt said he had voted for the rezoning based on all of the data the ', Council had received. He said he felt this was the reasonable and logical thing to do at this time. He said he was tryinc to have tiie use conformi�ig and shape things up properly. ' Mayor Nee said the non-conforming use question could be solved by getting rid of the ', non conformance. He said to make the use conforming by rezoning is not logical because the City has non-conforming uses all over the ��ity. He said to make things , right, would take.a loi; of rezoning. ' The Public Works Director referred �he Council's attention to action of the Planning I Commission at the April 24, 1975 meetin? 4��here ti�ere �v�re stipulations listed concerning the approval f the rezoning. He mentioned the parking would have to be meet the requirements which ��ould mean additional parking for the seating capacity. He also pointed out that there will have to b� additional lighting, landscanirg, permanee* , curbing installed and berming. He asked Mr. Haggerty if the property owner wouid be willing to go along with tn° stipulations. ' Mr. Naggerty responded that Nlr. Po�tlitzki would have to comply whether he did this ', or made it contingent on the buyer. , Councilwoman Kukowski asked if there v;ould 6:e a time lim9t cn meetiro the stipulationsJ Mr. Haggerty recalled that there was a stipulation that the matter be brought back to the Building Standards for consideration of the improvements to the area. Mr. Haggerty stated at this time they were in a state of limbo trying to sell the property as a 3.2' operation ard he suggested that the property be rezoned v�ith sorne reasonable time limit'', being placed on the requirements. He mentioned three months should be �. sufficient time and if it is not so7d ir the period of ±ime, this could be chanued. �1r, liaggerty said �r. Povlitzki woulc! like to move ir September. • Mayor Pdee pointed out that there was an ac�reement made with P�1r. Povli'czki for the ', blacktopping.of the parkina area in 1969 whicr� was to have b�°^r comqleted in 1972 , and it still is not dane. Councilman S�a.rwal't ayreed that there is a n�°d for some , work in the area. ', Mayor Nee said he is not suf•e that if tnere are stipulations placed on tl�e r�zoning that they would be complied with. Mr. Ffaggerty respon�±ed that the City has moti°e leverage than it had in the past because anyone looking into t��e purchase of the , property will note these stipulations. Mr. Haggerty said the purchaser would know if the rezoning is to be completed, the stipulai.ions would have to be complied vrith. , Mayor Nee cormnenced that once the property is rezoried, there would be no way to zone it back. ' ' The City Attorney said one thing that has�been done in the past by the City Council has worked out qui�e well. He sugg2sted that the Co�ancil adopt the ordira.nce for the rezoning on the�first reading and adopt the ordinanre on second reading when the , property 'owner has met his obligatiens and tne ordinance could be helu on publication until the stipulations have been met. Ile added; the City could ccmplete the rezor.ing,'- upon the individual completing the parking lot �aving, landscaping> etc. The City , Attorney continued to explain whether the neva ovrner or �ir. Pcvlitzki completes these obligations, this could be hald up on second reading. Mr. Haogerty said he had no objections to the reocrimendation of the City Attorney< ' He said it is fair and reasonable•and gives the Ci*y Council th,e leverage to say the ; conditions will be met. ' , P1ayor Nee asked what the stipulations would be. The Public Worl:s Director said the , adequate parking would have to be installed, th� landscaping, permanent curbing, berming and paving. The Public 4;orks Direcror said with the s°atirg capacity at 300, based on the criteria for a restaurant> there should be 110 parking stalls. Mr.' Haggerty �aid they would either have to reduce the seating capacity or find a]ternate pa.rking. He said this is what the applicant is x�illing to do. Mayor Nee asked if the stipulation.should state the number of parking stalls for ', adequate parking under this use. He said if the builidng is the same size, it would', be possible to have more people in the building. � !;�, ; _ ._ RECULAR COUNCIL NEETING OF JULY 21, 1975 PAGE 6 Mr. Haggerty said he thought the woraing, "adequate" should remain as in the minutes of the Planning Commission meeting. Mr. Haggerty said the new buyer can come to the Council and state their case on ��ihat they want. • . The City Attorney said they should meet the code requirements. Ne said he could see where the reduction of the number of tables and chairs would not reduce the number od people and cars. He said this would give the City Council enough flexibility to figure out the requirements at that tin;e. Councilman Starwalt said if the requirements .are not met, the Council would not adopt the ordinance on second reading. Mayor Nee asked if the understanding of the Council was that thi5 would only come back on second reading after the completion of the stipulations such as landscaping, setbacks, parking> etc. Councilwoman Kukows'ki said this should be considered a part of her motion. The City Attorney said he would suggest a letter of understanding with Mr. Haggerty stating the C�ty of Fridley would not rezone untilthe conditions are met. Councilman 6reider stated he would like the stipulations complied with before the sale ofthe property. He said it would be better for the buyer if Mr. Povlitzki does the necessary work. Mayor fdee directed the administration to prepare an agreement. UPON A ROLL CALL VOTE, on the motion for the first reading of•the ordinance to rezone from C-1"to C-2, Councilman Fitzpatrick voting aye, �layor Nee voting nay, Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Counci.lman Starwalt voting aye, Mayor tdee declared the motion carried four to one. � The City Manager asked if the agreement was to be brought back to the Council�for approval and Mayor Nee said yes. • 5-02, LOREh! Sf�1ERUD, TO VACATE �Rn STRFFT N. E.: FIRST READING OF AN ORD1PlANCE fOP, VACATION R 46TN AVE";UE 6ETWEEN 3RD STREET AND UNIVERSIT EST, SAV vEr!uE, q The Public Works Director explained this to be a request for the vacation of a road easement which is not being.used as a roadway and'is being maintained by the adjoining property owners. f4r. Sobiech said a�t the May 21, 1975 meeting of the Planning Corr�nission they reconvnended approval of the request with three stipulations. . He read the stipulations from the minutes of that tneeting. The Public 4Jorks Director continued to explain that the applicant would like to make an addition to his home which would bring the setback on the side closer than the minimum standards to 46th Avenue. He said his alternative would be the vacation of the easement with the understanding he would retain the property and make application for the building permit. Mr. Sobiech said there were no objections voiced at the Planning Commission meeting or at the City Coucnil Public Nearing. Councilman Starwalt said as a matter of information, the two property owners'will gain additional property. He said assuming this is adopted, additional taxes would be placed on the property because of the increase in size and value of the property. He said the property would not be given to the adjacent property owners, they would be paying for it indirectly through the payment of taxes. The City Attorney said the City is not giving away property that is owned by the City. He exp1ained the City has not been the fee owner of the property, it was jusi in control of the road��ay easement. Ne said if tne City does not want to use the raad this easement is vacated and the property goes back under the control of the adjoining property from which ii: had been dedicated. He said the City would not be giving the property to the people. MOTION by Councilman Fitzpatrick to waive the first reading of the ordinarice and adopt the ordinance on first reading• Seconded by Cournilwoman Kukowski. Upon a voice vote, all voting aye, Mayo� Nee declared the motion carried unanimously. FIRST R[ADING Of API ORDINAPICE FOR REZONING R FOR GEORGE IS IN FRIDLL=Y, REZGNE FROM M-2 TO The Pub.lic ulorks Director said the pr.operty in question ��aas originally P+I-2 and was required by the City for a building used as a tavern and liquor store. He said at this time it was zoned to P.. The City decided to get out of the lio,uor business at this location and sold the property vaith t.he agreement tha.t the property would be rezoned to conform to the existiny use. He explained that the previous use, M-2, does not permit or does not specifically prohibit the present use of the property,. He explained, normally the property zoned P will reve.rt back to the original zo m ng. ST Z01� #75-03, BY CITY 0� FR?DLEY , ' � a ' � ' i i REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 7 . MOTION by Councilman Fitzpatrick to vraive the first reading of the ordinance and � adopt the ordinance for the rezoning request 7_OA �75-U3 for 3720 East River Road on first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all , voting aye, Mayor Nee declared the motion carried unanimously. 1 , � ' �I � � , r ' , , ' \ ' ' CONSIDERATION OF FIRST READING OF AN ORDINAPlCE AMENDING THE CITY CHARTER Of THE CITY OF FRIDLEY: Councilman Breider said this consideration may take some time and suggested that the Council come back to this later in the agenda and take care of other matters people may be present for. Mayor Nee suggested that this item.be taken care of after item �16. He asked if there were any objections and there was no response. MOTION by Councilman 6reider to delay the discussion on the Charter Amendments until after number 16 on the agenda. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. EIVING Tf'_ P1If�UTES OF TfiE PLAP�NING C0��IMISSION P1EETING OF JULY 9, 1975: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of July 9, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. , APPROVAL OF ANIMAL PATROL CONTRACT WITH METROPOLITAN ANIMAL PATROL SER�'ICE, INC.: ' The Public Safety Gir2ctor, Mr. James Hill, explained that there was a representative from MAPSI present at the meeting to answer the Council's questions. Ne indicated , there is an increase in the fees in the proposed contract. Mr. Hill explained that , his supervisor cor�cerned with this type of services had reviewed the contract and his correnents were submitted to the Council in form of a memo which appeared in the agenda and is self explana.tory. He said his sunervisor indicated he thouyht the fees were ! reasonable and Mr. Hill said he also thouaht they were reasonable. �1r. Hill said the City had some difficulty with the previous contractor and had hired t4APSI. The , Pubiic Safety Director continued to comment that the previous contractor, B& E : Patrol, was bought out by MAPSI and is the only business of i:his type in the area. The Public Safety Director said the City feels in the last year that MAPSI has provided excellent service. •��r. Hill said the staff has looked at other sysiems such as the pne in New Brighton and he is not ready to recommend this to the Council. He mentioned there are many problems wi±h this type of system and he would not want to replace the satisfactory service that`the City is receiving at this time. Councilwoman Kukowski noted in item #14 in the contract, veterinary service is referred to. SMe asked the extent of this service and_the charge for it. A , representative of hiAPSI explained that the veterinarian comes by every day. , Councilwoman Kukowski asked if she could tour the facilities. The representative sa,id this �vould be possible at any time without an appointment. He said it is a very . interesting operation. Councilman Starwalt asked the representative what the biqgest problem is that he faCes in business. The representative said generally it is the people who are not obeying the law. lie said there are very feva licensed animals unless there is a special program. Councilman Starwalt asked if the representative could recommend a special program tq� the City of Fridley and the representative said he would be happy to do this. He said he has done this for other corr�iunities. He mentioned there is a prcgram in Cleveland and they have 20% of the problems of any other City its size. Mayor Nee said he felt a program of this type would be very constructive. , The Public Safety Director said 'they had not discussed the change in fee. He asked', if the $10 impounding fee was about average. The representative said the average f�e is $15. He explained that the City of Minneapolis had a first day fee of $15.65' previously and had changed their fee to $35.15 if the animal is picked up the first', day. He said in Minneapolis reclaim rate went dovrn 2% when the fee doubled. The Public Safety Director said it would be possible to increase the fee, but he , questioned if thiswould lower the percentage of dogs reclaimed. The representative, of MAPSI said the City of Fridley reclamation rate is about 45°0. He said the minneapolis _ rate is 36% and some have as high a rate as 90%. The Public Safety Director said it could be changed from $10 to $.15 . Mayor Nee suggested that the fee for a licensed', dog be $10 and �20 for an unlicensed. The Public Safety Director said this is possible, but questioned the double jeopardy. Mayor Mee said if the dog.is licensed, it is e',asy ' REGULAR COUPICIL MEETING OF JULY ?_1, �975 PAGE 8 to locate the ownerand this would cut the adminstrative and boarding costs. The . representative of MAPSI said this would give an added fee on $0% of the dogs reclaimed. He explained about 20% of the dogs that are picked up and reclaimed are licensed and . 80% of those reclaimed are not licensed. ' Councilman Stawalt said part of the success of Roseville's in having licensed animals is that the fee is so large for those pic!:ed up without a license. The Public Safety DirecLor suggested the following languaoe, "$10 for dogs currently licensed and $20 for dogs unlicensed". He asked if this would cover any animal. Mayor Nee questioned if there is a license for cats. The Public Safety Director said section six could address any animal that is picked up. The City Manager said this section co"uld be deleted eaith the language added as follows: "the impounding fee set by the City". The Public Safety Director said the impounding fee is not in the ordinance. Councilman Fitzpatrick suggested that the $10 be required ' for animals with a license and $15 for those without. � Mayor Nee asked if the firm picks up other things besides dogs. The representative said they pick ;� all kinds of animals and said they had even picked up an alligator. The City Manager said it v�ould be in order to approve the execution of the contract and the appropriate language would be provided by the administration. P10TION by Counc;ilwoman Kukowski to approve the execution of the animal patrol contract with Metropolitan Animal Patrol Services, Inc. Seconded by Counci}man Starwalt. Councilman Fitzpatrick asked i�` an unlicensed dog is picked up , would the owner ' be tagged for this violation. The Representative said no. If they follow a�k°ghem a house, and it is not licensed, the people will be tagged, but when they p up, they pay the impounding fee and pay for the license and not issue a tag to the people for having an unlicensed at large animal. Mayor �lee asked if h1APSI people or the police issue tne tags. Mr. Hill said the people at PIAPSI issue them. The Public Safety Director explained that 43 tags were issued the previous year for � license violations. He also explained when they ei°e picked up the owner must show proof of a current rabies vacination and if this is not current, the MAPSI people ' vacinate the dogs and see that they are licensed. He said when they come out they are vacinated and licensed. Mr. IVick Garaffa asked if the contract were arproved, would it be possible for the firm to place an advertisement in the paper on what dogs are picked up. Mayor Nee questioned themethod of descripti,on of the dogs. The representative of MAPSI said they pick up from 150 to 130 dogs per day and may be 30 of these dogs would resemble GermanSheperds. He said this would be a great expenditure and he really did not think that this would serve the purpose. He said tr��ing to describe animals is very difficult and they can't talk. iie said the only waj' to deterr�ine if someone's dog has been picked up would be for them to come do�vn and see the animal. He recalled at times people pick up an animal in the street so it will not oet hit and take it to another conrnunitv to their home and call the seryice. Mr. Hill said he had talked to another individual from MAPSI that had told him that • the man of the house had visited the firin to pick up a dog and could not tell which of th� dogs was his own and had to get his children to come and identify the dog. Mr. Hill asked�s•rhat the volume of animals that are put to death is. The representa- �. tive said 23,000 are put to death yearly by the hlumanE Society and this does not include MAPSI. ' Mr. Garaffa asked if the dogs are taqged to indicate what area they are picl:ed up in. The representative explained that each dog or animal that comes to hiAPSI reeeiues ' 'havemhandledchnwthe lastrfew yea�rsa�they wouldato-llusomeone what000s�happenedhto each and every animal.. ' , • UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously.. • Mayor nee said tlie language changes would be hanclled administratively. ,' CONSIDERATION OF LEITER OF APPRECIATIOPd FRO^1 THE CITY COUNGIL TO THE 49'ERS COP�9MITTEE: •MOTION by Councilman Breider to adopt the letter of appreciation from the City.Council �� to the '49ers Conunittee. Seconded by Cou�+Gilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declare�f the motion carried unanimously. ' i � ,� ' ' � . � , . � � � � ' � ' ' . ' � � � � `\ � . ' � � � �. � • - j ._.._. .....__'. ... ..._ ._____ __...._._ __._- J�. '�,�'�, REGULAR COUNCIL MEETIPlG OF JULY 21, 1975 PAGE 9 CONSIDERATION OF ACCEPTANCE OF OUTLOTS F, G, H> AND PART OF OUTLOT C. GREAT NORTHERN ', INDUSTRIAL CENTER-FRIDLEY: ' The Public Works Director briefly explained the background concerning the acceptance of the outlots. He said the improvement has been approved and the property owners agreed to the assessments at the public hearing on the project. He said this improvement con» sisted of roadwa,ys and utilities. He said tfiey are willing to dedicate the roadway ' depending on the development of the area. ', MOTION by Councilman Fitzpatrick to approve the acceptance of Outlots F, G, H, and ', Part of 0utlot C, Great Northern Industrial Center, Fridley. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, t�layor Nee declared the motion carried unanimously. ' The City Manager asked if the City has an understanding that they will complete the water loop and provide the cul c+e sac. The Public Works Director said yes, it is their intent to do so. • ' CONSIDERATION OF RE`JISIOiV OF PLANS BY MERICA1J CORPORATION FOR TNTERSECTION OF 79TH WAY' AND EAST RIVER ROAD: ' The Public Works Director explained that at the June 11, 1975 meeting of the City ' Council, the Council approved the variances required fer development for 74th and East River Road contingent on a number of stipulations•. He pointed out in the letter from' Mr. Calwell, Meridian, they do not have any problem with most of the stipulations adopted by the Council with the exception of the stipulation concerning access on , East River Road. He said this stipulation vaould eliminate any access onto Eas± River �oad. He said i.he representai:ive of �f�eridian had approached the City and asked them to come up with a suggestion. He said he and others in the Engineering Departmert had talked to the Cour.ty officials concei°ning the modifiication of the 79th and East River, Road ir�tersection. The Public t�Jorks Director said what was suggested by Meridian was �hat ingress and egress be provided to allow exit into the right. turr lane to the north only. Mr. Sobiech said he had talked to Anoka County about this suggestion and', it was decided that egress from this area could not be tolerated because of the problems on East River Road together with the signalization proposed. He further explained with the construction of.the medians and turning lanes, this will not allow egress in this area. �;e sai� tne staff recommends the approval of the ingress in this area , with all egress being on 79th. ' Mr. Sobiech said Mr. Nordale was present at the meeting and he had said he would try to approach the leasee about this suggestion for egress only. He said it was the', understanding that the leaser would not agree to the egress only. He said another ; factor to consider waS, that the decelerai.i"on lane on the v+esterly portionof the properiy wo�ald have to be developed b,y Meridian because tiie County and the City are not ready to start modifications at this time. , The City P1anager said there should b� two additional stipulations. The first is ' that Meridian pay for the in scallat�.ion of the right turn lare and secondly, that they dedicate property for the right of way in the northwest corner for the right , turn movement. The Public Works Uirec�tor explained that this right of way app2ars , on some maps at the present time and the roadway does cross over the corner•already., The Public Works Director said this would be needed for additional easements for future improvements. ', P1ayor Nee questioned if there w�s any sense to talking about the conditions until they obtain so�ne play back from v,er:idian. The repres?ntative said this is why he was pre5ent at the meeting. Mr. �Jordale said he was speaking for Meridian and said with the , traffic conditions in the area, he i:hought the access on East River Road and egress on 79th w�uld be acceptable. he said he felt th�t this would be approved by the , leasee.• He said he would be aqreeab1e to the easement and the construction. Mayor ; Nee asked if the deceleration lane coulc be extended back. Mr. P!ordale said he was , willing to work out what has to be done. ' Mayor Plee asked the Public Works Director if the physical aspects of the construction would prev,ent anyone from eri�ing on to East River P.oad: The Public Works Director I said this would be very close for turning and will close off the south bound lane , with medians. He sa�d this construction would be similar to the construction at East River Road and Nlississippi Street. N�ayor feee asl�ed if the desired effect could be obtained until the installation of the iredian. The Public l��orks. Director again , explair�ed that it would be physically dif�icult to make the turn from the ingress lane. Mayor Nee said he would be willing to support these condit�ions and stipulations. � I �I � �i . �.., l� REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 10 The City Manaqer said the City Council would have to amend the stipulations to allow ingress from East River Road with the two additional stipu?ations. He said if �he applicant cannot live with this, he could con�e back to the Council. Mayor Nee said he is opposed to an exit on to East River Road, but the entrance would not be this serious. Mayor Nee suggested the Council be polled for�pproval of this item and the administration prepare sufficient documentation and bring this back for formal Council approval. Councilwoman Kukowski asked when the signal would be installed. The Public Works Director said "not shortly". He explained that the City Council has adopted a resolution indicating their intent to modify this intersection and this would depend on the FAUU program. Councilwoman Kukowski asked when this construction would be co�pleted. The represent- ative said if the Council approved�the request, construction could begin in 60 days. He said this is four months later than what they would have liked to get started. The representative said they would prefer that the Council process t;�e request at the present tiine. Mayor Nee said he felt that the amendments should be dealt.with specifically in a documented form. The Public Works Director said i;t would be i.n order to approve with a motion tr include the stipulations. He said they would like �o proceed. He mentioned the City staff had talked to the CouRty concerning this inter•section. Mayor Nee asked if the dedication of the land for the roadway in 79th would be cne of the stipulations. The Public Works Director said yes. He continued to explain the City would also need the dedication of additional property along the entire westerly portion of the property for the deceleration lane. Mr. Pdordale said he 'r�ac' not understood this. He said he would have to take this matter under advisement. He said this would be a great deal of• length and frontage and they would have to consider it. Mayor Nee said this matter.was really not in shape to take action on at the current meeting. Councilwoman Kukowski said she would agree with the proposed usage and stipulations. Councilman Starwalt sai�i he ��ould also agree. Councilman Breider said he would agree as long as there is a deceleration lane. Councilman Fitzpatrick said he would agree with the new proposal. ' The Pubiic Works Director asked if there should be a letter of understandiny. Mayor Nee said there seems to be some confusion and disagreement t-�ith the dedication of the land and other factors. He advised the Public Works Director to get this d�wn on paper. The Public Works Director asl:ed for clarification that the'Council �.�ould allow the ingress from East River Road, but not the egress. Mayor Nee said this was correct. CGPISIDERATION OF A RESO WTION ORDERING IMPROVEMENT, FIFlAL PLANS AND SPECIFTCATIONS AND ESTIMATES OF THE COSTS THEREOF: STORt�I SEbJER IMPROVEMENT PROJECT #118: The Public Works Director pointed out the area of the proposed impr_:ovement to be north of Benjamin to 60th and to tie into the existing storm sewer on Oakwood Manor. He said this improvement would eliminate the collection of storm sewer water in the low a�°ea en Qenjamin Street. He said there are several alternate rolls. He said they would be discussing the original roll and Alternate F which would provide piping from [3enjamin along the property lines to the lo�v area where the water collects. He said there was some objection to both alternatives. He said it was suggested that they prepare another alternative which would ripe from the driveway where the catch basin exists throu�h the yard at 595U Benjamin, follovaing the terrain to the low area. He said he would recommend at this time that this alternative be approved whi'ch would be approximately $2,170 based on the fact that the City of Frid?ey would d.o the work. He said with this fir�al proposal, the people of the area would be assessed and the money would be taken from the City's general funds. Councilman Starwalt asked if Council action to �install a system on private property using general funds would set a precedent. The Puhlic Works Director said in order to settle the matter in a negotiated method, this would be in order. Councilman Starwalt asked if this would be a permanent solutiori and the.Public Works Director said it wotald not. ' Councilman Starwalt asked why the determination would have to be made concerning the � `,`;� , ' (� '� � ' REGULAR COUNCIL MEETING OF JULY 21, 1975 11' i PAGE 11 � ' ' � 1 escrow funds because of this solution. The Put�lic ldorks Director said the escrow � money could only be held for a reasonable amouni of time and if the temporary system , isinstalled. He questioned if from a legal standpoint they could continue to hold the • funds. Councilman Starwalt said it is very difficult to put a time limit on the , � development of the area. He said it could not be determined at this time how the � area will develop. He mentioned that other developers in the area had been reGuired t� escrow money. The Public Works Director explained that what they were talking about was escrow money, not pending assessments. He said if there is a project pending, , this should be followed through in a reasonable amount of time. He said this would , be the difference between pending and escrow. The Public Works Director said Mr. ' Miller, t�1r. 0'6annon and Mr. Harris, all in this area have escrow accounts. Council- man Starwalt said from the legal standpoini;, it has not been determined how long the money can be held. The Public Works Director said the opinion of the Attorney Generall's office said tnis should be a reasonable length of time. He said this would have been a 1972 project. He said the time is running out. ', The City Attorney advised the Council that the State Statutes are silent in this ' point and do not say any specific time period. He said the Council had ordered the � project but r�t issued the contract. He added according io the Assistant Attorney General, wher� the project is ordered, it becomes a pending assessment and has to be completed in a certain amount of time. He questioned what the legislature intended and said he did not think the City of Fridley was in complete compliance. He said , ' if the City was challenged in court, he would not guarantee successon the part of ', the City. I I ' ' ' ' , , � . ' Mayor Nee asked what project ordered in the improvement. The City Attorney respcnded I that the project was ordered in and only a portion of it was constructed. t-le said the, entire project actually stands. He said when it came to letting tf�e project, only a , portion of the area was completed. The City Manager said this is true, this is a part of a large drainage area. He said a small area was deleted fi°om the large draina�e district. He explained the boundaries of the large district. Fle said the assessn�ents were on�v levie�i on the area where the improvement was a benefit. The City Manager further explained that if the assessment' were to have been figured over the entire area, this would have been divided equally , throughout the district. He said because this ha.d been divider into a smali subdistri;ct, they will face a higher level of assessments. The City ti1anager furth2r explain2d that the improvement at that time would have included the acquis�tiorpf tne easements and tihe filling in of the lovd property to tie into the storm sewer. Ne explained there had been some discussion concerning the development of the area and sone on the Council and some of the residents of the area feel there will not be any development in the , back parcels. F!e also ment�ioned that some individuals have voiced the thought that ' they may want to develop the back loi:s. ', The City Manager said he felt this 4;ould be setting a precedent. He said this kind of thing has never been done before. He said at first there was to have been an , expenditure of about $1,OOQ to take care of the problern ana now the figui°e has come up to �2,000 with out the inciusion of the labor c�si;s from the City personnel. The City Manager mentioned the assessment rate for this improven�ent to be $&.66 and said ' this would be the highest assessment rate in f;he City and he questioned if the value , of the property would be increased in a comparable amount. He said this vrould bring , about some problems and he thought $3 and �4 might be more realistic. The City , hlanager brief'ly�explained the three alternative proposals �o the Council. Councilman Starwalt said he was not prepared to vote on the project in at this time. ', hle said there are too many unknowns at this time and he would � t want to vote in , a$20,000 project. Councilman Starwalt said if the solution could come from a nominal and reasonable amount of costs to be taken from the general fund> he could '', be in favor of this. tie mentioned if Mr.•Erickson would come back to the City and want additional work done he would like to alleviate this possibili:ty at the current time!,, He sa9d he would want this system to suffice until the other people of the area are ' ready to develop their land or complete the improvement projeci. Councilman Starwalt,' said he would not want the escrow accounts jeopardized. He added, he thought the •, City should just take the chance that someone would not take the City to court to see' if the method is right and proper. ' Councilman Starwalt said at the current meeting the Council was to vote on whether I or not to vote in Froject #118. He said perhaps they should stick with this. , Councilman Breider said this item has been on the agenda a number of times and they ' had talked about the pros and cpns, He mentioned years ago there had been a$50,000 ' system proposed for this area which had not been developed. He said he realtzed ther,e �.,-�.. 12 • REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 12 is a problem, but he was not in a positionto order in a$20,000 improvement at this time. He said he would favor the installation of the lesser expensive alte'rnati�ve that had been proposed for this area. Mr. Erickson asked why the system could not be placed on the property line rath.er than cut through the center of his yard. The �Public Works Director said they were talking about a system that would onlv be three feet deep. He said because of the terrain, if this would be placed,on the property line, this would be a much more expensive system. He said with the current proposal, • they would not acquire any easements. He said he thought this system would function most of the time. Mr. Erickson questioned if this would require maintenance and . he wquld have people working in the center of his yard. Mr. Erickson said a great deal of dirt would be washed into the system and there is still the possibility of the system freezing. The City Attorney asked if �he system could be done in .the same way by following the property lines. The Public Works Director explained this woul� be impossible becau�e of the terrain in the area. He said this would necessitate a deep construction and he questioned if it would take the drainage to the proper location.in the low area. Mr. Erickson said he was told that this may freeze. He questioned the alternative � that had been discussed previously with the install�tion of the rock. Tk�e Pul;lic lJorks Director said currently they are discussing a�� underground system and the one Mr. Erickson was referring to would be an ouer grou � system. Mr. Erickson said this would overflow with every rain. He said no system would hol.d this amount of water. The Pub.lic ldorks Director said this would be a temporary system. Mr. Erickson said the maintenance of tY:e system would have to be conducted in the middle of his back yard. He said this could be run on the property line where it would not disturb the ' prop�rty. Ne asked a�hat would happen if the pipe is plugged. The Public Works Director said this would have to be a deeper system. He -also stated the system would have to go down Benjamin and would not follow the swale. Mr. Erickson said he did not think there was too much difference. Councilman Breider said he would like the Council polled on whether they would accept this kind of proposal and said if so, the Administration could work with Mr. Erickson for a satisfactory solution. Mayor Nee explained to Mr. Erickson that the.City would make an offer so�roething like had been propo,ed at the current meeting. He said no one in the area would be assessedu for this syst�m. ' ' The City Attorney said he agreed wiht the suggestion of Councilman Breider in that the details of the system co�ild be worked out v+ith the staff and the property owner. ' Councilman Star°�alt mentioned P1r. Erickson had said that the City was not asking him his opinion or, the system and he said he would Tike to take care of the details of the plan the current evening. Councilman Starwalt mentioned that everything that is sug9ested by the City is rejected by h1r. Erickson. I' Mr. Erickson said he had suffered a high property l�ss and he had escrowed $1,000 for a storm sewer system. He said the City had suggested that h� put up with the water in the low area and dedicate easement besides. He said he thought this would be quite a high price when this was not his mistake. Councilmai� Starwalt said he was not sure that the City had made the mistake. Councilman Breider said he did not agree. He said the man has a problem and the City would have ` ' to tell him what they are going to do about it. He said he would not want the storm � sewer project at this time, he did feel tnat this would be tne answer. He said he feit the Council should say they are going to do something like trE lz,st proposal. Council- man Breider said the City would have to yive Mr. Erickson an answer. � Mayor Nee said the proper order would be to consider the resolution and if it fails, the system would be put in out of general funds for a partial and temporary solution. i � He said the question would be to put in the system that was being discussed or adopt the resolut�ion for the improvement project. i Mayor Nee asked if there was a motion for the adoption of the resolution for project #i18 and there was no response. Mayor Nee asked if they would be taking action on the original proposal or Alternate f. Councilman Starwalt said he.thought the �20,000 proposal was the one being addressed in the resolution. He said he was prepared to vote against this proposal. Mayor ' Nee said if no one make a motion, this proposal would fail. • Councilman Breider said he L�,d a problem accepting the proposal that if the $20,000 ` project is not ordered at this tistiie that the escrow money would not be held. He . _ _ __ . __. _ ' 1� --, _ REGULAR COUh!CIL MEETING OF JULY 21, 1975 PAGE 13 � � questioned if the City Council could determine that there would never be a project � in this area. The City Attorney said the money was in escrow because a previous City Council has done this is a previous action. Mayor idee again explained that if the members of the Council are opposed to the , . improvement, they did not have to make a resolution to adopt. Councilwoman Kukowski asked how the matter would be disposed of. Mayor Nee said if not adopted, it would be disposed of. � Mayor Nee asked if there was a motion to adopt the resolution and said if there is not a motion, the consideration is dead for lack of a motion. . r ' � ' L_ J �� , �� Mayor Nee asked if there was a motion for the adoption of Alternate F and there was no response. MOTION by Councilman Breider to instruct the Administra�ion to work with Mr. Erickson , and the adjacent property owners for a plan to construct a system of piping to the low , area and that this cost be taken care of by general funds and that the plan be brought , back to the Ci.y Council for approval. Seconded by Councilman Star�valt. Upon a voice vote, all voting aye, f�layor Nee declared the motion carried unanimously. Mr. Erickson said he would like to work out something reasonable. He thanked Councilman Breider for getting something moving on the consideration. , The City Manager asked what would be done with the escroNi monies or pending assessments'. The City Attorney said no action had been taken on this matter. The City P1anager said ' the escrow money is unrealistic. He mentioned in some cases i_t is $3 per 100 square feet and the present need is over $8. Mayor Nee said there had not been any motion , to delete the previous pro.ject. The City Manager said the problem will not go away , when the Council takes no action. Co�m cilman Breider said the escro�v funds may be , needed to take care of future storm sewer improvement. He said if someone would file suit, the City could say that they anticipate a future storm sewer improvement. , The City Attorney said the City Council should kncw the Administration will be under ' some pressure because this is not resolved. He said all the Administration could tell' the people is that the City Council did not wish to discontinue their original action., He said a project has been ordered in and there is no immediate plun for construction. He said the Administration would dovrhat they can to hold the City's position. , Mayor Nee said if no action is taken in this line at the present time, the money would', have to remain in esco�w. . , Councilman Breider asked if the C�ty Attorney could be able to put up with the heat. ' The City Attorney said he thought he would face it. He mentioend they would have to , live with the situation created by previous Council. He said if there is going to be ' a higher assessment rate in the future, the City can assess the additional amount. , Councilman Starwalt said the amount being co1lected at the present time may be increased or recinded in the future. He asked if the City Council could take action at this time to take care of the proper assessment. The City Attorney said he did not know how to direct the Council at this time to dEal with this problerr. , The City Manager said the assessments would have to be equalized in the future and , if there is any change in the cost over the project that had been ordered, they would have to hold another public hearing. He said there would have to be another hearing because of the increased costs. Ne said if they had n�ted a specific cost of ',. the project and the cost is increased substanial]y, then this would have to be brought back to the people. , The City Attorney said as a legal matter,'this is not required, but as a moral ', obligation, the City should. Ma or Nee ' The City Manaqer said there is a question of the benefit to th e property. y ' . asked if he meant the realining of the money.. The City Manager said they would , have to do something because the escrow would'not cover the cost of the improvement. . He said if someone would take the City to court, it might have to be released. , �1 �� Mayor Nee said if the CIty would loose such action, perhaps the money should be ', released. The City Manager said the City Attorney had mentioned the Gity's chances wo�ld not be too good in court. Mayor Nee asked if Nr. Erickson would receive the money, if it was released. The City Manager said Mr. Erickson would not get the escrOw money, it would go to the previo�us-ovrner of the property. Mr. Erickson said it would', go to the former owner of the property from the mort�age company. The City Manager said he would like to solve the problem and not bring it back to the Council again. �� .. i I � REGULAR COUNCIL MEETING OF JULY 21, 1975 •, PAGE 14 CONSIDERATION OF IMPROVEPIENT: STREET IMPftOVEP4ENT PROJECT ST. 1975-1 ADDENDUM #3, SIVERTS LANE : Mayor Nee called for a.o�otion on the str.eet improvement and there was no response: Mayor Nee asked if there was any d.iscussion concerning this matter. The Public Works Di.rector said it was mentioned at the Department Head meeting that perhaps the City should obtain an agreernent concerniny the maintenance of the street beiny done by the people of the area. ' The City Attorney said there may be a need for a letter of understanding. The Public Works Director said if this improvement is not approved, the City would no longer perform the maintenance of the unimproved roadway. The City Attorney mentioned that there had been a question raised if the City of Fridley r�ay receive some claim if an aclequate job of sno�� plo��ing was not done and an ambulance or fire vehicle would not yet into the puolic road because the City is not maintaining it. Councilman 6reider directed his comments to Councilman Starwalt and mentioned that the people in this area have their own well and seti,�er systems and they had put in their own road. He said they arP paying their ±axes to the "'ity and not receiving any s�rvices for this. He said he appreciated the action of che Ciiy t�anager that something should have been done about the improvemerit of the roads. He said at the present time he - felt this would be a hardshi� for rnany people and questioned if the people who would have io pa,y for the back lots that are not split would r•eceive any benefit from this improvement. Councilman BReider said he thougfit the City staff. could run in the ai�ea in the wirrter months and keep the road open for i:he people. The City Manager said the staff would take care of the roads. He mentioned that the improvement would Ue brought back to the Council in th e future and every delay would increase. the costs in the improvement. He mentionedthe Council is very hard on the departments at budget tirne. • The City Attorney said the Ciiy shoul� plow the rcad in the wnter months, but some agreement should be obtained from the reople of the area that they obtain their own summer maintenance or reimburse the City for this. � Councilman BReider said he did not think the City could say that they would not go up there and plow the road open. The Ci�y Attorney asked ��,iat �•aould happen in a bad �now. Councilman Starwalt said i;he policy of ihe City is to provide sucM m.aintenance and plowing for the improved streets. He said just because it is going to cost the people some money to put in the improvee,ent they are in favor of rejectiny the idea. He questioned what would happen in the C�ity if everyone had determined they did not want to bear the cost and the City would t?ave to take care of many unimproved roadways. Councilman Sreider mentionedthe people living on 69th A�denue and questioned if the benefit could be shovan for these people. He also mentioned the parcel of prorsrty to the east and asked �tiho would be picking up the assessments for this parcel. Council- man Starwalt said the people on 69th own a developable parcel of land. Councilman ' Starwalt asked if the City could plow the road on a continuous basis. The City Manager said this c,��,estior, could be resolved administratively Mayor Nee asked if there was a motion for the adopt�on af the resolution and there was no response. CONSIDERATION OF APPROVAL OF RESOLUTIOti AND AGREEMENT BFT4JEEPd MINMESOTA DEPARTMENT OF HIGHWAYS, COUNTY OF AN�KA AND CITY OF FRIDLEY FOR TRl�FFIC SIGNAL IMPROVEMENT AGREE- The Public Works Director pointed out the signals on the map on page 14-G of the agenda. He explained the existing controls would be removed and new traffic control signals with street lir'rits would be installed at the intersection of Highvaay #65 at West Moore Lake Drive and Central P,venue, Mississippi Street and Highway #65, West Moore Lake Drive-Ric2 Creek Road, arid Highway #u5 and Osborne Road. The Public Works Director said this would requii°e more maintenanc e on tiie�part of the City. Mr. Sobiech said the signa]s�would be sequencp signals and ttie tatal partic�ipation of the City would be $13,912. and the total amount has been budgetecl for the current year. . % �tOTION by Councilman Starwalt to adopt P,esolution No. 121-1975 ap��roving the agreement I ' between the Plinnesota �epartment of Highways, County of Anoka and City of Fridley for �\ i traffic signal improvement in Agreement No. 58009. Seconded by Councilwoman Kukowski. � , Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, _ . ___ _ _ _ _ _ _ � � � � � r � I I� 1 -J � , � ' � � ' ' ' REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 15 15 CONSIDERATION OF A RESOLUTION CI'NCELLIPdG SPECIAL ASSESSP�IENT PAYMENTS DUE IN 1973 ' ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS: • . Councilman Breider questioned if the City had an agreement to pay the assessments on Minder's lots. Mayor f�lee said he believed that the seller was to pay to a certain point and the City to pay the remainder. Councilrnan Breider said he did not understand the taxes. Mayor Nee asked the Finance Director if the City had agreed to pay the assess- ments. 7he Finance Director said the propert�� o�^mer was to pay the assessments up , until 1972 and the City was responsible for tYie remainder. , Counci�lman �3reider mentioned thatthe ?slands of Peace was to be a topic at the upcoming', discussion meeting of the Council had he said he would like to table this consideration until after all of the a.spects had been discussed. , MOTION by Councilman Breider to table the consideration of i:he resolution cancelling ', the special assessment payments due in 1973 on Lots 3 and 4, Block 2, Hayes River Lots. Seconded by Council�^�oman Kukow�si. UPon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously: , CONSIDERATION OF FIRST REAUIP!G OF AN ORDI�IANCE AhiLNDIP7G THE CI��Y CiIARIER OF THE CITY ', OF FRIDLEY: ', MOTION by Cou�tc.ilwoman Kukosvski to adopt the first readii�g of,the ordinance amending ', the City Charter of the City �f Fridley in the title down to the wordi'ng; "The changes', are as follows . Seconded by Councilman Starwalt. Upon a voice vo�e, all voting aye,.', Mayor IVee declared the motion carried unai�imously. ', MOTION by Co�anciiman Starwalt to adopt the first readinp of the ordinance in Section 2.03, para.yraph 6, ELECTED OFFICIALS as proposed. Snconded by Counci1woman Kukowski. : Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' MOTIOJ� by Coucnilman Starwalt to adopt the first reading of the ordinance in Section , 2.06, repealing Section 2.Ofi. Seconded by Coucnilwoman f:ukowski. Upon a voice vote, , all voting aye, Mayor f�lee declared the motion carried unanimously. MOTION by Coucnilwoman Kukowski to adopt the first reatling of the ordinance for ' Section 2.06A, repealing Section 2.06A. Seconded by Counci]ma,� Starwalt. Upo� a voice vote, all voting aye, f4ayor Nee declar�d the motion carri2d unanimously. MOTION �y Councilman Starvaalt to adopt Section 2.06, a number change from Section 2.07'', P1ayor. Seconded oy Cour,cilman Breider. Upon a voice vote> all voting aye, i�ayor Nee, declared the motion carried unanimously. , t�10TI0N by Coucnilman Starwalt to adopt the first reading of the ord�nance amending ' Section 2.07, a number change from 2.08, Salaries and Expenses. Seconded by Council-', woman Kukowski. Upon a voice vote, all voting aye, Mayor NEe declared the motion carried ur.animously. , ' MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending' Section 2.08, paragraph 2, Investigation of City Affairs. Seconded b,y Councilman Starwalt. Upon a voice vote, all voting aye, M�ayor Nee declared the moticn carried unanimous��. ', P40TION by Council�voman Kuko�r�ski to adopt the first reading of Section 2.09 a Section ' number chan9e from Section 2.10, Interferer�ce with Administration. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor tiee declared the motion carried unanimously. ' MOTION by Councilman Fitzpatrick to adopt Section 4.03 on first reading, Primary ' Elections as recommended. Seconded by Coucnilman Starvtalt-. Upon a voice vote, all , . voting aye, i�iayor Nee declared the motion carried unanimously. • , The City Attorney brought up a point concerning the language of the proposed amendment. He said the wording should be that if there are one or two ro�ninees for each elective effice and he questioned if the largua��e would read if. there was only one rominee for the elective offiice would there be a primary. Fle said tY�is language shc�u7d be cleanecf � up. He said he thought the idea of the amendment was a fine one, but he oid not like the way it was written. The City Attorney suggested the Council pass the first reading and send it back to the �harter Commission for this minor modification. , Councilman Fitzpatrick asked if the language was intended to mean two or fewer. �Council- man areider said the Cour.cil could not change any language. P1ayor Plee questioned if'',the item shosild be sent back. The Clty Rttorney again a,uestioned what would be the case',if • one person filed. . _ � �� I6 ' REGUtAR COUN�IL MEETING 0� JULY 21, 1975 _ PAGE 16 The Finance Director said the section could be adopted so it would not appear on the ballot. The City Attorney said the Council could ask the Charter Commission for modification in the language and he thought on this *ype of change they would concur. Mayor Nee said ' he would call for a vote on the concept of the amendment a:ith the suggestion that the language be modified. � MOTION by Councilman Fitzpatrick to adopt the first reading of Section 4.05, Judges and Clerks of Elections. Seconded by Courcilman �reider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Coucnilman Fitzpatrick to adopt Section 4.08, Canvass of Elections and Taking Office. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend Section 5.02, Expenditures by Petitioners. Seconded by Councilman Breider. Counc.ilman Breider said he would like to interject his comments. Councilman Breider said he is going to vote against the motion b�,cause the City Flttorney had advised the Council that the offense under the State Statutes that this is determined to be a �isder��ar.or. He said what is trying to be done could�be done in another way. The City Attorney said he questioned if the City Council would have the authoi°ity to cha�ige this since it was done by State Legislation. Councilman areider said he felt this section should go back to the Charter Commission for a better suggestion. Mayor Nee said he agreed that the dollar amount should be incluaed. Councilwoman Kuko��ski said she was pr°epared to vote against the amendment. Cou��cilman Fitzpatrick asked if this section should be amended at all. UPOPJ A��ICE VOTE, all voting nay, Mayor Nee declared the MOTION FAILED UNAP�IMOUSLY. . MOTIOPd by Councilinan Breider �o adopt the first reading of the ordinance in Section 5.08, Inititive Qallots. Seconded by Councilman Starwalt. Councilman Breider said he would be �ot�iny against this amendment because he thought this is one item t'r�:;t should appear on the ballot. He said the voters should have the right to say yes or no on this item. UPOhI A VOICE VOTE, all voting nay, Mayor Nee dec?ared-the motion F�ILED UN��,NIMOUSLY. P10TION by Coucnilman Breider to adopt the fii°st reading of the ordinance amending Section 5.19, Penalty fot° Falsely Attesting to any Signature on aPetition. Seconded by Councilman Starwalt. Councilman Breider said he would vote againstthis section being amended. He said he felt this should be returned to the Charter Commiss;on. He also mentioned the second paragraph could be dealt with in pair;phlet fo�°m rather than giviny the circulator • a section of the City Charier. He said he was not sure that this should be done by means of the Charter when it could be don� on an administrative level. Councilman Starwalt said he agreed ��aith the statements of Councilman Breider, but .� he felt the last raragraph could sti�y in ttie Charter. Councilman areider said by putting this in the Charter is putting undue pressure on the circulators. He said • if the Charter says this must Ue done, this just allows for another way to technically violate the law. Councilman Starwa1t said many people are not even aware that the , City Charter exists. He felt tnis would be one way to make them aware of the . Charter. . Councilman Breider said if he was to circulate a petition and call 50 people for a three hour session on the criteria that would have to be met, if the Charter is amended, and they are educated, tn�s would not be sufficient. Councilman Sterwalt said when they �lere speaking of giving copi�s of the Charter, he felt this would mean the original five people on tfie petitioning coirmittee. Coucnilman 6reider quoted the Charter ainendment and said "each circulator" must be give.n a copy of this section of the Chartei°. Ne said the Chai°ter criteria would not. meet the criteria of the law. The City Attorney said he did not think it dic:. • Councilman Starwalt said he thought it would be okay to send this portion�r the amendments back to the Charter Commission. Councilman areider said he thought this section wou7d have to be done �n a more•suitable manner. Councilman Breider said this type of thing should be handled administratively through the Finance Director's office. � � � � � ' , � u ' ' � ' � ' u � REGULAR COUNCIL MEETING OF JULY 21, 1975 1't PAGE 17 ' UPON A VOICE VOTE, on the motion to amend Section 5.9, all voting nay, Mayor Nee ' declared the MOTION FAILED UNANIMOUSLY. � ' MOTION by Councilman Breider to adopt the first.reading of the ordinance amending ' Section 6.04, Subordinate Officers. Seconded by Councilman Starw��lt. Mayor �lee said he has had a problem with this section because of tt�o conflicting views by the League of Women Voters and the Fridley DFL. Councilwoman Kukowski said she approved of the amendment. She explained that the , City Attorney should basically work for the Council. She said she felt the City Council could evaluate the work of the City Attorney better than the City Manager. Councilman Breider said he took the opposing view. Councilman 6reider said he felt'' very strongly that the City Attorney.should be accountable to the City �1anager as euery otl�er administrative office is. He mentioned that the City Council does not have a', day to day experience on the general adininistrative aspects. He said he felt it would be a handicap to the City (�anager to not be able to determine �,�ho his leyal people are and who he is going to work with. Councilma�� Fitzpatrick said he did not feel that there a�as a great deal of difference between the legal counsel and the other advisory people the City hires such as the City Engineer. He said the CiCy hires the City Flttorney to give the Gity technical' advice and he should be appointed by the City Manager and approved by the Council. Councilman Breider said the amendment is dually responsible for the method of ' appointment of the City �lttorney and the Prosecuting Flttorney. He s�id currently the Prosecuting Attorney is Carl Nea�quist. Councilma.n Breider said the Prosecuting' Attorney has to work directly with the Police Department and the City Couocil wou1d ha�•e no vaay to evaluate his perfor!r.ar.ce. Councilman Breider brought up the point t'hat some people say the success of the Prosecutor is measured by the number of cases th'at he vd9ns. He questioned ±his criteria by saying some Prosecutot°s will not take any ' cases they ai°e questionable about vair.ning. He said this type of circumstance is very bad for the police officer's moral. He again said the City Council has no way of I evaluating, this ha� to be done by the Police Department. Mayor Nee said there had been some very profound thinking expressed at the current. meeting. . Councilman Starwalt said he did not think the amendment would solve the problem. ', He suggested that Lhis be sent back to the Charter Commission. ' Councilman Breider said.it had been discussed by tne Charter Commission and he felt that it would not need any more consideration by them. Councilman 6reider said if the City Ceuncil dons not adopt t��is amendment, he felt',that it should be placed on the ballot. " UPON A VOICF VOTE, Ma.yor Nee voting aye, Co�mcilman Breider voting aye, Counciln�an Starwalt voting aye, and Councilman Fitzpatrick voiin� aye, and Councilwoman Kukowsl;i voting nay> Mayor Nee declared the MCTIOiV FAILED because it lacked a unanimous vote. _ MOTION by C�uncilwoman Kul;oti•�ski to adopt the first reading of the ordinance for Section 6.05,�Purchases and Contracts. Seconded by Councilman Starwalt. Councilman 6reide�r said he would vote in favor of this Charter Amendment because he felt tl�e current Charter language had been written 20 years a.go. He mentioned the' raise in the cost of living since that tir�e and thought the �a5,000 would be more' realistic. ' , The Finance Director said this.amendment had been suggested because the State Statutes allow expenditures up to $5,000. lie said the City would still require receiving two quotations. He mentioned that the auditors hold the City to what the State Staiutes say. Ile said this is spelled out with the State for purchases for municipalities.! The City Attorney said this amendment would put the Charter in line with the State, Statutes and inline with what all o+:her m�nicipalities are authorized to do by law. Mayor Nee said he felt this determination should be made by the people. , The City Manager said they had.received the opinion from the City Attorney and the information that the C�ity is going by the State Statutes. He.mentioned that the Gity • l� R�GULAR COUNCIL MEETING Of JUCY 21, 1975 PAGE 18 was able to make purchases up to $1,000 with no additional quotation, but.it has to receive quotations up to j5,000. He said there would still be sorne restrictions. Mayor Nee said he felt the City Charter could be more restrictive than the State Statutes. The Finance Director said the City had received an opinion from the City Attorney on this some time ago. He asked if this was available. The City Attorney said he could not recall the opinion. Mayor Nee said he would go along with the $2,000 or $3,OOC, but questioned the $5,000. UPON A VOICE VOTE, Co�nc,ilman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Councilwoman Kukowski voting aye, and Mayor Nee voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS VOTE. MOTION by Cour�cilman Sta nvalt to adopt the first reading of the ordinance for Section 6.06, Contracts, How Let. U�,on a voice vote, Councilman Star4�,�alt voting aye, Council- man Fitzpatrick voting aye, Mayor Nee voting nay, Council��JOman Kukowski voting aye, and Councilman Breider voting aye, Mayor Nee declared ±he motion FAILED FOR LACK OF A UNANIMOUS VOTE. MOTIOiJ by Councilman Breider to adopt the first readirg of the ordinance ainending Section 7.02, Power of Taxati�n. Seconded by Councilworian Kukowski. Councilman Breider said he was going to vote ir. favor of the aniendment because when the State reconstructed the market value this would have cut one half or one third and suggested amount is more in line with what the need5 of i:he City are. U?�f� A VGICE VOTE, all voting aye, Mayor•Nee declared the motion carried unanimously. MOTION by Councilman Breider to ad�pt. the first reading of the ordinance amending Section 7.02, Section Q, Po��er of Taxation. Seconded by Counc�ilwoman Y.ukowski. Mayor Nee said he saw where the revenue in this section,had to be adjusted but he did rot agree that the "personal property" should be eliminated. He said he did not feel that this should be ta.ken fram the tax hase. The City Attorney said the State limited the authority of the Cii.y to tax personal propert.y. The City Attorney questioned if there are any taxes collected in ihe city from nersonal property. The Finance Director said in some instances, maci�inery and public utilities are taxed. He said the City does not have the personal property tax ba.se as it once had. He said this would only apply to the limited items such as signs. T.he Fir�ance Director said there is not a separate tax base for personal property. He s•aid it would have to be one way or the other. The Finance Director said tnere is no t��ay that the State Statutes could be changed. He question�d if this pa�nt could be laid over, UPON A VOICE VOTE ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. (Note: Later in the discussion, this qu2stion 41dS split in two parts cn this s�ction of the amendment.) The City Attorney stated he feit this question should be c:ivided in this section. MOTION by Councilinan Breider to reconsider the motion amending Section 7.02, Section B. Se�onded by Coucnilwoman Kul;owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. Mayor Nee said the question was before the Council again. MOTION by Councilman 6reider to delete the portion of Section 7.02 C3, "and personal". Seconded by Gouncilwoman Kukowski. Upon a voice vote, all voting nay, Mayor P:ee declared the MOT�ION fAILED UNANIhiOUSLY. MOTION by Councilman Breider to adopt the first reading of the ordinance in Section 7.02, a, to change 30 mill limitation to 16'mill limitation, Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r��, I ' � _ ' __ _ _ _ _ _ _ 1 � �i ,� s � � � � '� � `� � . �� t `� � � ' � � � � ' ' ' ' � ' � ' � ' � PAGE 19 REGULAR COUNCIL MEETING OF JULY 21, 1975 19 MOTION by Councilman FitzBo�rdcoftEqualizationftoSUoarddofgReviewe �Seconded 6yeCouncil-, Section 7.03 by changing woman Kukowski. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. ' MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance amending , Section 7•04> P�aa�oaPe vote,eallavotingfnaynUDlayordNee decla�edeihe�motioni1FAILED Starwalt. Upon UNANIMOUSLY. ', MOTION by C�uncilman Starti��alt to adopt the ,first reading of the ordinance in Section 7.05, Passage of the Budget. Seconded by Councilwoman Kukowski. Coun�ilman 3reider ask1dmvl�Y tMayorWNeeasaid beca�uselthis�isathemwaymthatWhtclis always ' would extend the time done. The City Manager sa.id this would be a realistic schedule. Ne said the City would not ', know what th�eve�ufolbovredtand9itnisl�unbealisticls H�n�mentHoned,ihe`lCip,yealvayslpresents scheduTe is a balanced budget and if they were noi: aware of the evenue side, they could not prepare the expense si.de. • Mayor Nee said this is what the practice has been in the past and he did not know if , this is right. He said with the amendment, it allows for the administration to know the amount of money that they have and then they spend it. , The City Manager said they would have to know what they have to present a balanced , budget. . UPO� A VdICE VOTF, all voting�nay, Mayor Nee declarec� the motion FAILED UvANIi�'�OUSLY. MOTION by CouncCollectionko�fSTaxeo.adSecondedfbysCoucn�ilnan�Starwalt�lnUpon a�voicetion 7.09, Levy and vote, all voting nay, '�1.AYOR NEE DECLARED THE MOTION FAiLED UNA.NIMOUSLY. MOTIO� by Councilvaoman Kukowski to adopt the first reading of the ordinance for Section 7.14, Accounts and Reports. Seconded by Cour.cilman Star�valt. The Finance D1�eaudited�before publiclationoulHerstated�thatethereuditedUreport co�uld ', want the repor not be dore before April because thc� audit is not available at this time. He mentioned that this year the report had been published by April, but this was not an audited statement. ' Councilman areider asked hoar long it takelaces�andttheseaismnot on��place thatFtheycwork Dii°ector said the auditors work in many p from the beginning of a statement ta the end of it.� , , The Filained i.hattthisais unusual}ydlatenandhtheyausua�llyEhave�th� a�dithbefore Mayr�' Fle exp Mayor Nee said the report does not really have to be audited for the purposes of publishing it. The Finance Director agreed that it is really not necessary, but it ' is nice to have it audited before oublication. i�iayor Nee asked if through the audit; there is evechanyeshanHess��dtthe auditors dodnotealwayshlookrat`th�ingscthe waydtheere are minimal 9 Administration does. � Mr. Bi1T Scott asked if there is a notation made on the audited report where changes are made and the Finance Director said yes. ' ', Mayor Nee said the reportFinanceSDprectoresawdUthenchangesgare�minemalt�nHe saiduhe ' discredit the City. The would rather.publish an audited report and say that the report is au.dited. UPON A VOICE VOTE, Councilman StarwMator°Nee votingC�aYcia'ndnCouncalwoman�Kukowski ' Councilman Fitzpatrick voting nay, Y. voting nay, Mayor Nee declared�the motion FAILED, four nays and one aye. MOTION by Councilman Fitzpatrick ta adopt'the first reading of the °Seconded byending Section 7.17, Deb�WSkia TUponna1vopce�voteeralllvoting ayet�Mayor)P:ee declared the ' Councilwoman Kuk motion carried unanimously. : � �� . l� REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 20 MOTION by CouGCilman Breider to adopt the first reading of the ordinance amending Section 8.05, Public b:orks: How Performed. Seconded by Councilman Starwalt. The City Manaqer said this section is being recommended for adoption to allow the provisions to be in line with the State Statutes. He added, if the Council desired, the Ad:ninistration would bring back a report on the �vay that this is being done. Mayor Nee said he felt the City c�uld have stricter regulations than the State. UPON A VOICE VOTE, Councilman Star��ralt voting aye, Councilman Fitzpatrick voting aye, Coucnilman Breider voting aye, Councilwoman Kukowski voting aye, and Mayor Nee voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS VOTE. MOTION by Councilman Breider to adopt the.first reading of the ordinance amending Section 10.04, Power of Regulation Reserved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor �lee de.clared the motion carried unanimously. ' �i07I0N by Councilman Fitzpatrick to adopt the first reading of the ordinance amending Section 10.05, Rates and Charges. Seconded by Councilwoman Kukowski. Mayor Nee said �� did not knuw why thisamendment was being suggested. He stated that the only franchisees that th� CIty has are Cable Television and the Gas Company. The City Attorney said he may have suggested this amencfinent to give broader coverage. He said he had questioned if thE Cable Television systein could be determined as a public utility. Mayor Nee said this ti��ould exer!pt the pl�one company ard Northern States Power Company. He said they cannot obtain a franchise inthe Cif.y of �riciley. The City Manager said this would go under the provision of public utilities. Mayor Nee said if the oreain�nce is aropted, public utilities would be stricken and franchisee would be put in its place. Councilman Fitzputrick said he believed the amendment should read both "public utilities and franchisees". Cauncilman Bre�ider said this section should be sent back to the Charter Coinmission for revision. • UPON A VOICE VOTE> Councilman Starwalt votirn� aye, Councilwoman Kukowski voting nay, Councilman areider voting nay, Councilman Fitzpatrick voting nay and Mayor Nee voting nay, Mayor Nee declared the MOTION FAILED, one aye and four nays. MOTION b,y Ceuncilwoman Kukowski to adopt the first reading of the ordinance amending Section 10.06, Provisions of Franchises. Seconded by Councilman Starwalt. Mayor �ee said he agreed 4,�ith the suggested wording of the Section heading of Section (b). Gouncilman Qreidei° said he f�lt the entire section should be sent back to the Charter Corrmission. UPON A VOICE VOTE, all voting nay, P1ayor Nee declared the MOTION FAILED UNANIMOUSLY. P10TION by Council�n�n Breider to adopt the first reading of the ordinance to amend Section 10.09, Public Hearings. Seconded by Council�voman Kukotivski. Upon a voice vote, all voting na�, fdayor Nee declared the motion fATLED UNANIMOUSLY. MOTION by C�u,icilman Fitzpa.trick to adopt the first, reading of ihe ordinance amending Section 12,07, Vacation of Streets. Seconded by Councii�^�oman Kukowski. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. MOTIOPJ by Councilman Fitz�atrick to adopt the first reading of the ordinance to amend Section 12.11, Tenure, Powers and Duties of'Present. Officers, deletion of Section. Se�ondcd by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the first reading of th ordinance to amend • Section 12.].2, a number change to Section 12.11: Seconded by Councilman Star,valt. Upon a voice vote, all voting aye; Mayor Nee declared the motion carried unanimously. MOTION by Counc.ilvrornan Kui:cwsl<i to adopt the fit�st reading of the ordinance to amend Section 12.13, Existing Ordinances, Regulations, �oar•ds and Gommissions, an riumbPr change from Section 12.13 to Section 12.12. Seconded Uy Councilman Starwalt. Upcn a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously. ' � � � , � ' � ��'� � IJ ' � I _J ' ftEGULAR COUNC�L MEETING OF JULY 21, 1975 • 21 PAGE 21 MOTION by Councilman Starwalt to adopt the first reading of the ordinance to'amend Section 12.14, Pending Condemnations arid Assessrients, a number change from i2.i4 to 12.13. Se:onded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion car�°ied unanimously. The City Attorney sa.id on November 16, 1969, he had prepared a meinorendum concerning a legal opiriion on the matter of purchases by municipalities and their regulation by th State. He said in this opinion, it states that the State will overrule what the indiviaua� munic�palities Charters require. He said the State provision for the expenditure for $5,000 woul.d be upheld. He said this opinion had been obtained from the Attorney General's office. Councilman Br�eider said he did not really think this section should be given a dollar amount but should read "expenditures will follow the State Statutes". He said this could be changed every few years. The City Attorney.said the City would have no power of enforcement at all if this was i n the Cl�arter. Mayor Nee said this inclusion would be meaningless i� the State provisions overrule the City's requirements. • Councilrraan Starwalt said he �elt the Charter Commission should be advised of �his fact. Mayor Nee sa.i:� he would be willing to withdraw his nay vote on this matter if it would chanqE the situation. He asked the City Attorn:y to talk to the members of the Charter Coriurission. He said the City Charter should conform with ti�e State Statutes and this reference should be deleted if it would have no effect at all. Mayor Nee said he would not object to this portion of the Charter being deleted if this would simplify the Charter. • Councilman E�reider said he.thought,this would make sense. The City Attorney said the only purpose that the inclusion of this information would serve is to inform anyone reading the Charter how these types oF inatters ure handled. RESOLUTION Id.O. 123-1°75 - AUTHORIZING AND DIRECTING THE COMaINP�R �L 34r�pIARiVERVZEtE �"TS 6LOCK P. PARCEL 3475> AfJD LOT 14, ELOCK P, � ON LOTS 12 �aND 1;, __ —' ' NEIGHTS ADDITION: MOTION by Couneilman Breider to adopt Resolution �lo. 123-1975. Seconded by Councilwoman Kui:oN�ski. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. ' RESOWTIOPu N0. 124-1975 - AUTHORIZING AND DIf:ECTI�lGn71V�DCOR6INRVG�OFNEiGHTSLAUDITIplde�7c MOTION by Councilman Breider to adopt Resolution No. 124-1975. Seconded by Councilwo�nan Kukowski. Upon a voice vote, all vcting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 125-1975 - AUTHORI7_ING AND DIRECTIh1G T.HE COP13I(dT±1G OF SPECIAL �RIVERVLEWS ON LOT 42> PARCEL 36?_0; LOT 43, FPF+.CEL 3b25, AfdLLOT 44, PARCEL 3�30, aLOCK P, HEIGHTS ADDITION: ', MOTIO�J by��ouncilman Breider to adopt resolu�ion No. 17_5-1975. Seconded by Cou�Cilwoman Kukowski. Upon a voice vote> all voting aye, P�ayor Nee declared the motion carried ' � unanimously. � ' RESOLUTION N0. l?_G-1975 - AUTNORTZING AND^DIR�CnINnrTn� CPA1RCFL�36o5.SBLOGKLPASRIVERVIEW ' HEIGHTS AGDITIU�I: P10TION by Councilman Breider to adopt Resolution Plo. 126-1975. Seconded by Councilw4man Kukowski. Upon a voice vote; all voting aye, Mayor �}ee declared the motion carried ' unanimously. . ' ' RESOLUTIOPJ N0. 127-1975 - AUTH�JRIZIh�G AND DiRECTI�'G T�ARCO�L63675G OLOCYEQIARI OP' LOT 1 PARCEI> 3665, LOT 2> P/�RCEL 3G70 AND LOT 3, � � NEIGHTS A[)DITION: ' �� . MOTION by Councilman Breider to adopt Resolution No. 127-1975. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, P4ayor P!ee deciared the motion carried' • ' unanimously., . . f..... _ . . . .. � i � 22 i � . I . . ' I; �� REGULAR COUNCIL MEETING OF JULY 21, 1975 RESOLUTION N0. 128-1975 - AUTHORIZIP!G AP!D DIRECTING PAGE 22 COMBINING OF SPECIAL ASSESSM MOTION by Councilman areider to adopt Resolution No. 128-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor �'ee declared the motion carried. unanimously. ' RESOLUTION P10. 129-1975 - AUTHORI7ING AND DIRFCTING THE COMBINING OF SPFCIAL ASSESSMENT� . _ _ —_ . . __ _ _ ' _,,... ..� ....�. n nrvrnvrr�.i MOTIQN by Councilman Breider to adopt Resolution Mo. 129-1975. Seconded by Cour�cilweman Kuko�r�ski. Upon a voice vote, all voting aye, Mayor �dee declared the motion carried unanimously. RESOLUTION N0. 130-1975 - AUTHORIZING AND DIRECTIP!G THE COM6INING OF SPECIAL ASSESSMENTS ON L07S 41 AND 42, PARCEL 3870, AND LOT 43, PARCEL 3875, BLOCK Q, RIVERVIEW HEIGHTS nnn7rinni • MOTIOPd by Cour.cilman 4reider to adopt Resolution No. 130-1975. Seconded by Councilwumar, Kukotvski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . RESOLUTION N0. 131-1975 - AUTHORIZIidG AMD DIRECTING THE COMBINI�!� OF SPECIAL ASSf_SSMENTS �., �„—� —�� , ri nnn�rt �oun nnin i nTC n� n�in ,2F_ RI (1CK �. PARCEL 3890. RIVERVIEW P10TION by Councilman Breider to a_ir.�pt Resoluiion No. 131-1975. Seconded by Councilwoman Kuko�-rski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R'tSOLUTION NQ. 132-1975 - AUTHORiZIMG AND DIRECTING THE COMBIPIING OF SPEC.IAL ASSESSMENT`, (1NIOT 50. PARCEI_ 3915, AND LOTS 51 AND 52,_PARCEL 3920, BLOCK Q, RIVERVIEW HEIGHTS MOTION by Councilman Breider to adopt Resolution No. 132-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voti.ng aye, Mayor Nee declared the motion carried unanimously. ~ RESOLUTION N0. 133-1975 - AUTHORI7_?NG A��!D DIRECTIfJG THE COt+1E3INING OF SPECIAL ASSESSMENTS ON L0�( l, AND LOT 2, BLOCK R, PARCELS 3925 AND 3930, RTVERVIEId HEIUHTS ADDITION: MOTION by Councilrnan Breider to ac;cpt Resolution No. 133-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P�ee dec]ared the motion carried unaniinously. RESOLUTION N0. 134-1975 - AUiHORIZIPIG AND DIRECTING TNE COfiQ�NING OF SPECI",L ASSESSMENTS ON LOT 5y:`;dD LOT 6, PF:RCELS 3945 AtdD 3950, BLOCK R, i2iVERUIEId H[IGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution "'o. 134-1975. Seconded by�Councilwoman Kukoti�ski. Upon a voice vote, all voting aye, Playor Nee declared the metion carried unanimously. P.ESOLUTl01V fd0. 135-19i5 - AUTHOftIZIfdG AND D:RECTI'JG THE CON[�I�lING OF SPEC?AL F�SSESSMEMTS --��- -----� ----- �BLOCK R, RlVER'ditbJ NEIGHTS ADDITICN: ON 9 AND LOT 10, PAItCELS 3965 A(JI� 3970, _ _ MOTICN by Cour.cilman Breider to adopt Resolution Mo. 135-1975. Seconded by Cou,icil- woman Kukowski. Upon a voice vote, al.l votii�g aye, h�tayor Nee declared the motion carrie� unanimously. RESOLUTl:ON N0. 136-1975 - AUTHORIZIi�G AND DIREC�ING THE COh1BINING OF SPECIAL ASSESSMENTS ON LOT 39> PARCEL 4115, AND LOT 40 PARC[L 4�iL0, C�LOCK R, RIVER`JEIW HEIGHTS ADDITION: MOTION i�y Councilman Breider to adopt Resolution No. 13'6-1975. Seconded by Councilwoman Kuko��:ski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUT:ON N0. 137-1975 - AUTtIORIZ?NG A'dQ DiRECTIN6 THE COMSINING OF SPECIIIL ASSESSMENTS �N LOT 53, PARCEL 4i&5, ANU LOT 54, PARCEL 4190, [3LOCK R, RIVERViEW HEIGFITS ADDTTION: � ' � 23 REGULAR COUNGIL MEETIPlG OF JULY 21, 1975 . PAGE 23 ' MOTION by Councilman Breider to adopt Resalution No. 137-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , unanimously. . ' RESOLUTIOfJ N0. 138-1975 - AUTHORIZING AND DIRECTING TH� COf�BINING OF SPECIAL ASSESSME�lTS ON LOT 37 APID 38, PARCEL 4380; APJD LOT 39, PARCEL 4385, BLOCK S, RIVERVIEW HEIGH7S ' ADDITION: � ' MOTION by Councilman Breider ±o adopt resolution No. 138-1975. Seconded by Councilwo�an Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion�carried ', unanimously. ', RESOLUTION N0. 139-1975 - AUTHORIZING AND DIRECTING THE COMEINING OF SPECIAL ASSESSMENTS ON LOT 44, PARCEL 4410, AND LOT 45 AND 46, PARCEL 4420, BLOCK S, RIVERVIEW HEIGHTS ' ADDITION: ' MOTION by Councilman Breider to adopt ResolWtion No. 139-1975. Seconded by Council��oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declar.ed the motion carried ' unanimously. , RESOLUTIOIJ N0. 122-1975 - AUTHORIZING ANC.DIRECTING THE COMaINItdG OF SPECIAL ASSESSMENTS � . � ,� 0 MOTION by Councilman 6reider to adopt Resolution'No. 122-1975. �Seconded b�� Councilwoman Kukowshi. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried ', unanimously. APPOINTMEIVT; CITY EMPLOYEE: NAME � POSITIOf�! SALARY EFFECTIVE DATE REPLAC[S Janet K. Dewis Administrative $1035 July 7, 1975 Peter Herl'ofsky 8477 Regent: Ave. N. Assistant per , Apt. �202 month , Brooklyn Park, Minn. ' � 55443 ' MOTION by Councilman Starwalt to approve the appoirtment of Janet K. Lewis as Adrriinis',trative Assistant effective July 5, 1975. Seconded by Counc-ilH!oman Y.ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .' LICENSES: , ' EILLARDS BY APPROVED QY F[E ' Fridley Fun Center Thomas L. Suggs Public Safety Cir. $40.00 6440 Unive��^sity Avenue Health Inspector , FOOD ESTAf31_ISHPIENT ' , Club 47 Alyce Simonson Health Inspector � 24.00 6061 University �ivenue , Tire City Incorporated Rodger Wedell Health Inspector 25.Q0 ` 5333 University Averue • ' Lindquist Cake Decorating James Lindquist 24.80 and.Supply (prQ- 5247 Cent.ral Avenue rated) LIVESTOCK Jack Habel Jack Habel Health Inspector 5.00 6025 3rd Street N. E. Building Inspector VENDING P1ACHINE ' Creative Hair Inc. Val Nachow Health Inspector 15.60 6574 University Ave. ' Shars Snack Bar Stanley Tvedt Nealth Inspector 15.�0 5209 Central Ave. I __ _ 0 �� REGULAR COUNCIL MEETING OF JULY 21, i975 LICENSES continued VENDING MACFIINE Skywood Hallway 5251 Central Ave. gy Stanley 7vedt Standard Oil 8arbara Brown 5311 University Ave. SERVICE STATION Standard Oil Barbara 6rown 5311 University Ave. BLACKTOPPING Fairfax Asphalt Inc. John Pfaff � 6699 AShton Ave. N. E. Fridley GEP![RAL CO'�TRACTORS Corrmercia' Erectors, Inc. 814 S. 9th Street Minneapolis Mike 0'Qannon Lloyd's Fiorne Improvement 4911 4ih Street PJ. E. ColumL•�a Nei�f�ts Lloyd Graczyk HEATING 0'Brien Sheet Metal, Inc. 1010 Currie Ave. Minneapolis Douglas Hayes Swenson lieating & Flir Conditioning 6700 W. Groadway ' Minneapolis Douglas Swenson APPROUED QY Health Inspector Deputy Fire Chief Health Inspector Deputy Fire Chief D. Clark D. Clark D. Clark Q. Sandin 6. Sandin PAGE 24 fEE 15.00 i 5. OQ 30.00 MOTION by CouncilmUn areider to approve the issuance of the listed licenses. Seconded by Ccuncilwoman Kukowski. Upon a voice �ro te> all voting aye, Mayor Nee declared the motion curried unanimously. The Public Works Director pointed out or� Page 35 of the agenda that the lice�se undE�r Food Establishinent, Lindquist Cake Decot•ating had not been approved by the Administration He expiained tha�:the Department of Agriculture hatl issued a license to the operution, but according to the City ordinance> the app]icant is required to have a three compart- ment sink or a two cmpartment sink with a drain board. He pointed out that the . establishment has on Ty a one coripartment sink. Ne said the rules established by the City of Fridley had been established with yood reasoning and he asked the Council for' some direction on the issuance of the 1icense. The City Att�rney said he had been involved with this question for the past few days. He sai�d the State has said that ihe cperation has a license and that they do not need a City license. He also pointed oui: that the State says the City cannot adopt any - rules or regulations that are not consistant with the State. He said the State does not have an�, specific language on sinks. He said there is a question of whether the City ordinance should be enforced. He said i�e had recommended to the Administrative staff that the City r�ot hold up this 'man from guing into business because of this type of situation. He.again stated that the State has said that the applicant does not need a City liceiise and qu�stioi�ed if the City would be in jeopardy by not allowing him to go into business. He said if the City Administration wants to challenge the State Department of Agriculture by issuing a citation for operating without a license this woultl be possible. He said the City coGld receive a declaritory judgement to deterinine if he needs a City license 'd '1: ' his feeling that the Cit�� shculd not issue the license � The City Attorney sai � is � i. but allow the man to go into business. He said if any further steps are taken, this I .should be done between the City of Fridley and the Agriculture Department. �� '� •� . , 0 . � � . 2� � .� �� REGULAR COU�ICIL MEETING OF JULY 21. 1975 PAGE 25 ! Councilman S�tarwaTt asked if the business is a cake decorating school. The Public ', � Works Direct:or said this is a bakery vrhere some cooking is done. The City •Attorney ' said all he had heard is that this is a bakery. Ma,yor Nee asked what was the basis of the law that was being discussed, he asked if this . was by the City or the State. ', The City Attorney explained that the City has an ordinance requiring the installation I of a three compartment sink or a two cmpartment sink with a drainboard. He added, the', State said t:hat this is not needed for bakeries. He further explained that the State ' distinguishes between restaurants and bakeries. The City Attorney said �the Department', of Agriculture said thisis not required and the State has issued the man a license. The City Att:orney said the State and the Deputy Attorne,y Gener•al have both said that the man does not: need a City license to operate the business. ', Ma,yor Nee questioned if the City should be so hard on the small business man. The City Attorney said theCity's Health Inspector feels tha� the State requirements are not adequatE� and.that the City ordinance is more acceptable. The Public Works Director. said the Cit:y's ordinance is consistant with all of tt�e adjoining communities. The ' City Manager• said this includes t�linneapolis and St. ?aul. , The Public 4+lorks Director said the City Neal'th Inspector had requested an opinion from', the Faod and Drug Administration and their reply based on a 1962 study was a recommend'ation for a three compartment sink. The Public Works Directo�° said the Administration is t,rying to enforce what they believe to be correct. ' The City Attorney said with all the time spent on the question, the City could have ', bought a three com� rtment sink. The City t�anager said his recorrrnendation would be to not approve trie issuance of the ', license and allow the man to operate. Mayor Nee said the City could not tell the man ' to go ahead and issue him a ticket for this. Councilman Ereider said he thought the City should talk to the Department of Agriculture on this question rather than the bakery owner. , Ma,yor fJee said the license has been issued by the Council unless someone moves to ' reconsider. There was no response. ' The City Att:orney said the State would have to get in iine with the municipalities if ', the 5tate nas preemnted this requirement. He said tnisis going to come up with other , adjoining co�nunities. , The City Manager suggested that the City of Frid�ey combine their efforts in this respect with the other adjoining conimunities. � ' Mayor Nee as,ked the City Manager to write a letter tr, the Department of Agriculture ', and ask them to review this requirement conflict. ' ' � Councilman Breider asked if the q«estion was a matter of policy or Attorney said the law states that the City cannot adopt any ruies with the state. He questioned vahat would be consistant. law. The City ' that are inconsistant Mayor Nee said he did not feel that the individu�l should be tal;en to court on this matter. The City hlana�er said no one vaould be sued. ESTIMATES: Comstock ancf Davis, Inc. 1446 County Road "J" Minneapolis., Minnesota 55432 FINAL E=stimate No. 2 for furnishing of Professional Engineering Services for planning Sanitary Sewer, Water and Storm Sewer Irnproveinent Project No. 116 Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For fui°nishing of resident inspection and resident supervision for the staking of the following construction work: $ 1 ,753.7'�l ' 9 �--. �� REGULAR COUIdGIL MEETING OF JULY 21, 1975 PAGE 26 PARTIAL Estimate P�o. 7 for 4Jater, Sanitary Sewer and Storm Sewer Improvement Project No. 116 from June 7 through July 5, 1975 $ 7.21 PARTIAL Estimate Pdo. 19 for Sanitary Sewer Improvement Project No. 114 from May 30 through June 21, 1975 $ 280.25 Peter Lametti Construction Co. 615 Drake Street St. Paul, Minnesota 55102 PARTIAL Estimate No. 5 for Sani±ary Sewer lmprovement Project No. 113 (Central Ave. Relief Sewer) $ 28,448.64 Dunkley Surfa.cing Company 3737 East River Road Fridley, Minnesota 55421 . PARTIAL Estimate �o. 2 for Street Improvement $ 38,896.70 Project ST. 1975-1 PARTTAL Estimate Dlo. 2 for Street Improvement $ 17,745.48 Project ST. 1975-2 , Smith, Juster & Feikema Suite 1250 Builders Exchange Building Mi;�neapolis, Minnesota 55402 Fo.r Prosecution work during the month of June, 1975 $ 1,531.37 Weaver, Talle & Herrick • 316 East 14ain Street Anoka; Minnesota 55303 For Services rendered as.City Attorney during the • month of June, 1975 $ 1,678.50 Councilman Breider asked the Public Works Director what the estimate in the amount of �7.21 was for. The Public Works i'ir�ctor said this could be the cost for preparation of an estimate or some other sma11 project. Councilrnan Breider asked what Froject #116 was and the Public tJorks Director said this �-Jas the improvement in the Great Narthern IndustriaT P1at. MOTIOPJ by Councilman 6reider to approve the estimates. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared thP motion carried unanimously. The Public lJorks Director said he would report back to the Council on the estimate for $7.2L . � CLAIMS: GENERAL 11ND LIQUOR 10626 - 10739 MOTION by C�unciiwor�an Kukowski to pay the Claims. Seconded by Councilman Starvaalt. Upon a voice vote, all vo�.ing aye, Mayor Nee declared the motion carried unanimously. AUJOURNMENT: MOTION by Counci'Iwoman Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor "�ee c!eclared the motion carried unanimously and e Regular meeiing of the Fridiey City Council of July 21, 1975 adjournrd at 11:44 P.M. �� . Pat Ranstrorn William J. Nee � Secretary to the City Council �Mayor Date Adopted __ _ _ _ __ _ . a . � � , � � � I � . '� I ', � �r p � # ' � t ; ,� ��, , : � I; ''•'4 � I � . � <� b �.,� f ' 6 � � � �, , a; � i` ,' ;� � � � � � �r ° - r . � �F F # �. � - a, . i � � 4 � " � > � � { , '�' � ,i�t � � is .�i I � � � C � s �' � . i', f i � �, � � �� I: ��' z , � 1 �< ; � � �� k �� . � r . � � i � . .. � . � ' " � ii � � a i} "� ,� � � . - .� . . � . . . . � . � i I�' P . . . . .. .. . � i. I 5 I�` 3 I b { .. ' � �.:. . ' . �. . . • . �. .. � .. . . . . . � � �..�. . . � � � . . . . � t � � . ' I . .. �. . � � . � . � . f ': G� it I 5,a � `� � y f-. I, . � � � . . . l �� k y : � r li �I � , � � � . � �' � � . � �� n 1 ��F� � � � ; . � I � r "� ' . :,?R �.�, , ; , a � �,� '� . . . � :w I , . . . . . � . _ . � . , i� f � d� . �l I a p � � � � . �. '.� .h , j•�� " .i �. . ,� i � � � � �� , x r II :. ' ' k ;� � �� m � � t � '" �t� H II i � i ' { ,�� *' � � i � _ I � � � n�. ; � � .. � �, ' , . � � 4 � �t��ai � P I � � . , , � . . ,. ).� �I � � i i� � — � I � � � � � r�� h r a ' ;�'� , �' + . ;.;.� �' `�I � �� . � � �1 � � a�� I� '� 1; � ' i' a F � ';� �� -.',�:;+ . i. .i � � I � . r. �' � � . ,�{ � `.� `� ' �°'� � I i _ - � � . � i I� � � � , t � t . - - � . . � . � '"' �� -,� i� �. i � � . ` 1 � ��:� ,b � '•" � �� ' � � ��;, � . * ^ �, � . . . z �` { � � . � . � � � . . . � � fi �. � � ' I. ! � ?t I �� .�,� 'y � i P I �. r� "� . � �C : � , - � 1 < : 1; �, � l a - ' r � ' I . � � � !':� ° THE �M��"��Sb- � � �`1�E i��l�.A� M£ETI�G Q�'', �E . FRIDL�� i"1`l� CCt�� ' .� � , ' , � �:� �� a� ��'I� � wf � � � . I I II � �. � . �� . . .. � - 4 I,. `., ' . . - � �. . � . . � ��. �� , . . .. . ,. ` � � . �'�� .. . ��. , � . . � , . . . ;�� ' . � I..�.. II � .. . - � � � . � � ' � ..�� k�� - I � � � �� . . �. .. . . . ,. � � ; . , . . _ � , . . � la � �. . � � � . . ,�� ,� . . , . I � i i� � .. 1 . ,. � : � . ' . � .i . � . i,:�' � . . . � .� � . , . �� . � � � � . t . ' �,i � ,� I� iY � , . � k . � . � � � - . � � ` v�� ' � I E� .� � !. ,� . . . . � ! '¢ � w � � i� , � � � � � ; � { � r� , � ` �� e , i � � �� ; ,� � ��'� � � �, i � � �� , % i � f #. . � � � L . - i. � { } ;� f �� , i -n � i ` I� :( i � S ? q f��,# ' I 5 � � . _ } ' � .� r ex $ �, . � �> r a. 4 � � � . . y� �. j £ . , j t'. 4 . ..3 �,. � ' � . li -. ( 1 . . � . : � I� 7 li � . . . C�� . , . . . . . . . . ..� 0 � . .. �" '.:� � � . �. . . i . . . . � � t';rf '� . � r . I � _ .. . � � � � f 11 ; r :f #� {�.� ' � ' { �r � I � � i S)} ` .i:. �r {�"� [pi �" . I �i �. �l .� � � I S ��_ ' % I � . .i � I� ' I � ) � ' . �� ( : . q , ,�, . 'll � I .� . . � �. � 1 I � � � � F & 1' � ' E'4 �`� � s 4 jp� � � � �� ; � , � � � � � � � i � �i�� k � � r � . `��€ � � _w� �� . � � � � , � �., � �� i s . . . . .. . . - , , . . .. . � � . . . . � ;,.r.., , I: . , , I� , , �. . . . .. . . � '. . . . . . _;;t:: � � N c i � ��s �'� e ' , ' � THE MINUTES OF TFiE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 4, 1975 27 The Regular Meeti'Inq of the Fridley City Council of August 4, 1975 was called to order by Mayor P�ee at 7:32 P.i1. PLEDGE.OF ALLEGTI�PJCE: Mayor Nee inviteci those present to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: ', , MEM6ERS PRESENT: Councilman Fitzpatrick, Mayor Nee, Councilwoman Kukowski, ' Councilman Breider, Ccuncilman Star~walt. MEM6ERS I16SEVT: Pdone. .APPROUAL OF MINUTES: REGULNR MEEtIidG OF JUNE 16, 1975: MOTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Frid1ey ' City Council o� Jun� 16, 1975 as submii,ted. Seconded by Councilwoman I:ukows�ci. Upon a voice vote, all voi.inG aye, Mayor fJee declared the motion carried unanimously. i REGULAR MEETING OF JULY 7, 1975: � ' MOTION by Councilwoman Kukowski to adopt the minutes of the Regular Meeting of the Fridley', City Counrii of July 7, 1�75 as submitted. Seconded by Councilman Starwalt. Upon a , voice vote, all voting aye, i1ayor �dee declared tiie motion carried unanimousl,y. ADOPTION OF AGE�JDA: Mayor PJee said he would like the information concerning the good potential of grant ' . money for Comn?unity Develop�n�nt projects fro��, HUD added to the agenda. He also said he would like tc add the discussion of the ouestion of whether or not the Council , members would like to act on the ¢oard of Review. , • . __ MOTION by Cou�icilrnan Breider to adopt the agenda with the ad�iitions mentioned by Nlayor Nee. Secondetl by Councilvaoi��an Kukowski. Upon a voice vate, ail voting aye, i4ayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: hiayor Nee asF:ed if there �vas anyone vaho wished to address the Council during the Visitor's Secticm. Mr. Burt Ellis, 115 Talmadge 6Jay addressed the Council and introduced is�r. �lames Langenfeld, Treasurer or ihe Islands of Feace Foundation. �1r. Lang�nr'eld greai.ed the Council and i,�ade a presentation corcerning the first ii:em on the agenda. OLD f3USIPJESS: . RESOLUTIi?N PdO. '14Q-197� - �AfdCELLING �PECI,aL ASSESSP^ENT PAYME^JTS DUE IR 1974 0�� LOTS 3 AND 4, BLOCK ?, HAYES RIVEF; LOTS TAaL[D 7/21/75� Mr. Langenfe?d explained that on or about '^ay he bccame involved in the Isla�;ds of ' Peace Foundation. f^r. Langenfeld briefly explained the current state of the financial situation of �the Islands of Peace regarding their contract for deed pa.ym2nt, the , possible.extension of the payment and the interest due cn Auqust 20, 1975. He said , Mr. Andy Kohlan had taiked to P4r. Minder concerning the Contract for Deed Payment and t1r. t4ind�r had assured him that there would be an extension of time a11oC*ed for the , payment of tiie principle, but the interest would remain du2 ai this tim2. Mr. I_angenfeld', said the Islands of Peace has a balance of �1,202,46 and would have to come up with $2,040. Mr. Langenfeld mentioned the state of the economy and said they were having , trouble in financing just as everyone else. , Mr. Langenfeld said he would like to establish a goal for the funding of the project with long ranoe plans in mind. He mentioned that they would like to build a shelter and this type of project would have to be planned in advance for funding. Mr. Langenfeld said he had prepared a financial statement and offered a copy of this.to the members , of the City Council. ', Mr. Langenfeld said he had talked to Mr. Larry Commers; Services to Mankind, and he had ', expre5sed an interest in providing physical facilities like benches, etc. He said I , � � �� . REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 2 he would be meeting with Mr. Corrmers soon and there was a possibility that some funding may be obtained from this agency. Mr. Langenfeld explained that he had no absolute plans to obtain the funding and said they were $1,444 short of ineeting the interest payment. Mr. Langenfeld said he had put a freeze on the checking account of the Islands of Peace. He mentioned that he would answer any questions that the Council may have at this meeting. Mayor Nee questioned the City's halance in the account of the Islands of Peace. The Finance Director said ihis is seperate from the fund mentioned by Mr. Langenfeld and this is the balance of the money from the State grant. Mayor Nee asked about the fund raising plans of the Foundation. He asked if the Foundation wculd like some help from the City Council. Mr. Langenfeld said he really believes in the Islands of Peace project. He explained that through the winter months he typed and signed 48 letters to all the local foundations and others all over the United States. He said most of the replies stated soinething like, "due to the economic situation, we cannot help at this time." He further explained that others responded that all of the funds for 1975 were gone. He said he had only been involved with the Islands of Peace fior a relatively short period. He said there is no concrete method of funding available at this time. He said there are other sources that can be contacted and he planned on trying these. He said this plan of action would be taken care of by the Foundation at their next meeting. Hesaid he would like the plans and motives documented and presented to the City Council so. they know what is going on. Mayor Nee asked if the Foundation has asked the local people in business like �1idland or P4edtronics. P�Ir. Langenfeld said the Foundation was having a meeting soon and this would be discussed and the businessmen could be approached. He mentioned there would possibily be a campaign with buttons and the lccal businss could aid in the distribution and sale of the buttons. He mentioned it would be a good idea for the Islands.of Peace to have signs such as the "Sister Kenney Fouhdation" to indicate what the project rea'ly is. Mr. Langenfeld said if this couid be a united project, they could get it off of the ground. He said they could rnake tiie Islands of Peace something to really remember. Ma��or Nee asked if there was something the City could do aside from committing tax dollars that would be helpful. Mr. Langenfeld said the Foundation would like the names of people they could consult. He mentioned.that he could not see everyone himself. He said he wou1d welcome any assistance the members of the Council could give or any reco��ndati ons . Mayor Nee said the CounciY would help if th�e Fo�andation would tell them what they can do. Mr. Langenfeld said on or aboui the 15th of August there would be a meeting of the Foundation and he ��lould let the Counc�il know wiiere the Foundation s1:ands after this. h1r. Langenfeld asked the Council if the City wou'd pick_up any remaining.portion of the interest i{ the Foundation is not able to raise the money. Mr. Langenfeld said the Found'ation is still hopefull that the bill would pass that would grant additional funds to thelslands of Peace. I�layor Nee said evei� if this would pass, the money would not be obtainable until the coming year. Mr. Langenfeld said they were looking for all possible sources. He again asked the the City take care of any remaining portion i; the Foundation cannot dig up the funds. - Councilman Starwalt referred to the mention of the digging up of funds and said he hoped that ti�e Foundation cculd raise enough n�or,ey to me�t the oblig�tio�1. Councilman Starwalt said he would be reluctai�t i:o vote in favar of using any tax money to pay the remainder of this cbligation. Councilmar� areider said he was not in at,tendance at the meeting where this had been discussed and he apologized for his absence. Coucilman Sreider mentioned the City's commitment to the project by saying that if the payment is no� met, the City would be forced to pa,y bac.k the �35,000 in matching funds if there is foreclosure. Iie mentioned it may be in the best interest of tne City to pay the amount due and sell the property at some time in the future. He said he did not thinl: the question was whether or not to guarantee the funds, the City has done this. P1r. Langenfeld said he hoped the Foundation would not have to ask for the funds, Lut he vrould not know where i:he Foundatien stands until August 18, 1975. He said many things could happen or not happen before this time. He said the Foundation is not sur.e that they will get assistance from the City. � � � r � t �. � � � . � . 1 � . ' , , ' � � � � \ L_7 ' � �� REGULAR COUNCIC MEETING OF AUGUST 4, 1975 . PAGE 3 Counc�l •eider asked the City Attorney if he had been involved with the negotiation5 concerning the contract for deed. He said the City Attorney should know if the contract had been extended. . Th"e City Attorney answered that he had received a call from the Foundation's Attorney>' Mr. Andy Koh1an about a y�eek to ten days ago. The City Attorney said Mr. Kohlan said ' Mr. Minder assured him that the contract would be extended for the principle and he would like the interest paid at this time. The City Attorneysaid Mr. Kohlan was planning to get in touch with the other qentleman concerned, Mr. Lametti, to determine if he agreed to the same terms. He said there are two sep�rate contracts. Councilman Breider asked the City Attorney if he could get involved in the negotiation$. He said he would like the City Attorney to obtain a firm commmitment in writting. Ne ' said if this is not agreed to, the contract holders may foreclose in ten days and take'. the $35,000. ' Mayor Nee se�id his problem with this matter 1s that he could not see where the balance', of the money would come from. He said he did not ti�ink the people are aware of how urqent this need is for the Foundation. Mr. Langenfeld said the only thing that could be done at the present time is that ' all concerned units again and see how they can come up with the means to meet the present obligation. He said they also have to make p'ans for future funding. Mr. Nick Garaffa, 6750 Monroe, said he woul.d like to address his comments to Mr. Stan�alt. He said he agreed with the concern expressed by Councilman Starwalt in , that he would not be favorable about spending tax money. He asked if it would , be possible for the City to get involved by obtaining a professional fund raiser. Councilman Star�valt said he was not so sure that this is the ��!ay to go. Mr. Garaffa. said the Ci"ty has a real obligation whether they dig �nto tax money or find some other way of obtain�ng t.he funding. He asked if the members of the City Council could try to obtain funds from the local businesses in the area. He said there should be a moi-e broad and organized method of funding. He said he was not , only talking about the interest but also the principle on the obligation. Councilman Starwalt said he had offered money from his own pocket. He men�heredwould he had offered $50 and if P1r. Garaffa and other pea�,le would do the same> not be any problem. Mr. Garaffa respond�d that Councilman Starwalt should not offer other people's money. Nir. Garaffa said he hoped that Councilman Starwalt would have offered a concrete suggestion ratf��r than listing the negative aspects by saying what he would not do. Councilman Starwalt ans��ered that he would favor.the city picking up the remaining portion of i`nterest with reluctanc�. Mayor Nee asked if the Foundation could contact a professional fund raiser. Mr. Garaffa said he had been involved in a church fund raising project and the fund raiser raised over a couple of million dollars. Courin7ofathin �fa1Hesaddede heuld , be reluctant for the City to get involved in this typ. 9• would favor the Foundation doing this, but he would like the Council to be advised ' - <• bein done because the City has an interest. He mentiCned llme of the . i _ � , � if this i.> g • activities of the Islands of Peace had not gone through the City ounc Mr. Burt 'tllis said there is something that he a�ould like to reirind the City of• ark. He said the Foundation owns nothiny. He said this is City property and a City p He sa�d the money is not being spent for the Foundation, it is b°ing spent on City ' property. He mentioned that the Foundation only ]eases the land from the City. Mr: Ellis further t�enbulk oftthefmoaeyainto9therIslands�ofcPeace.SaHe saidFth�iseis Lion's Club has pu a smal� c:lub and they had probably contributed $1B,U00 to the project. He said the Lion's Club has contributed other amounts of money to the City's parks. He said the City has ben�o�000 in��thehlast 20Syears.'nNensai�duthetLion�'�ouC�lubehas put innas much $60,000 i;o $ , money aslcehto helplin� tlesmentioned thatsthe Clubehadndonateda$2a000nforethetpurch'aseho would 1 the land. They had also given a pontoon boat, dock, and � tor for the boats. Melofl�is said i:he Lion's Club has developed other areas of the Cit and cannot do this typ project a1one. He said first things have to come first. Mayor Nee said t�d hel� secubeupublic grantsQandtthe Foundationtwouldnr aiseeppivate that the City wou p money. MayHe mentionedtthEFamount��f money that�theeCity stands�toploosetif thehis property. , REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 4 contract for deed is lost by default. He sald the amount would have tn be paid in a few days or the City would loose $35,000. He said the City Council is facing a dilemma and on the other hand, being prudent, they realize that the City would have to pay if the Foundation cannot.. Mayor Nee said the Council has offered to help in any way the Foundation would ask them to. The City Attorney asked if there had been any contact by the Foundation at the Chamber of Commerce. He said this would seem like a logical place to start to obtain aid from the local business people. Mayor Nee mentioned that three peop1e could be sent to the local business people and tell the local business people how desperate the Foundation is. He mentioned that no one is asking the local people and he thought they should be doing this. Mr. Langenfeld said he had stepped into quite a situation and he would like to go the proper route. He said he thought the Foun�;�.tion had accornplished more in the last six months than they had in the past fwo years. Mayor Nee shared a thought with the Council that he had been told while he was in the service. He said tie �f!as al�:ays told to shoot at the guy closest to you. Ne said rather than talk to the State Legislature, he thought th.e Foundation should talk to local busin�5eslike Midland and Onan. Councilwoman Ku��o4•rski asked �4�hen the next meeting of the Foundation would be held. Mr. Langenfeld said on August 18 and this would be a major meeting. ' Councilv�orr�an Y.ukowski said the members of the Council are al1 willing to help in any way possible, but they do not want to wait until August 18. She suagested that they all get together and ge± this problem taken care of as soon as possible. Councilman Star!�ralt said he feit the Lion's Club has done tremendous things for the City of Fridiey. He said if all of the local o�°gar2izations arould hel.p to the extent that the Lion's Club would, there u�ould be no problems. Mayor Nee asked the members of the Foundati.on to let the Council know if there is anything that they could do. The Finance Director referred the Council's attention to page 1-B of the agenda said ther� is a proposed resolution for the cancellation of the.special assessments due in 1974. He said he savl no reason that the City Council could not adopt this resolution at this tin�e. He said this is a formality arid the County Commission would not strike , the assessmenLs unless this is done by resolution of the City Council. M07IOfd by CounciTman Fitzpatrick to adopt Resolution No. 140-1975 cancelling special assessment payments due in 1974 on Lqts 3 and 4, Block 2, Hayes River Lots. Seconded by Councilwoman Kukowski. Upor� a voicc vote, all vo.ting aye, Mayor Nee declared the n�otion carried unanimously: ORDINANCE F;��. ;90 - fOR VACATION RFQUEST, SAV #75-02, LORFtd D. SMERUD, TO VACATE 64TH AVEIJU[ BETWEEN 3RD STREET NND UiVIVERSITY AVENUE: 4603 3RD SThEET: — h10TI0N by Councilman Fitzpatrick to waive the second readinc� of tl;e ordinai�ce ard adopt Ordinance No. 590 for vacation request SAV �7502 by Loren Smerud. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor fJee declared the �rotion carried unanimcusly. . ORDIIJANCE•N0. 7�1 - REZONIfdG REQU�ST ZOA #75-03, P,Y CITY OF FRIDLEY FOR GEORGE IS IN FRIDI_FY, RE:ZONF FROffi M-2 TO G-?, 3720 �E;ST RIVER ROAD: MOTION by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt Ordinance PJo. 591 on second reading to rezone from M-7_ to C-2, 3720 East River Re.ad for Georc;e is in Fridley. Secanded by Councila�oman Kukowski. Upon a voice vote, all voting aye, Mayor fdee declared the mc�±ion carried unanimously. ORDINAPJCE_N0. 592 - AN ORDiNAP10E_AMEP;DING THE CITY CHARTER OF THE CITY QF FRIDLEY: MOTION by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt Ordinance Plo. 592 amending i:he City Charter of the City of �ridley. Seconded by Councilwoman Kukowski. 7he City Attorney explained that the form of the proposed ordinance had been changed sliyhtly. He referred the Council's attPntion to the sections where there had previausly been a number change and indicated he felt it would be better to repeal these sections rather than change the numbers. �,.. '. _ , • _ _____ ___ ___ ___ - __ __ � � � r , r � � � REGULAR COUPJCIL MEETING OF AUGUST 4, 1975 PAGE 5 J 1 Mayor Nee asked if there had been any play back on the suggestions from the Council from the Charter Corrmission. The Finance Director said copies of the Council minutes' had been sent to the Charter Corrarission and there had not been a reply received at the present tim�. The City Attorney said the Charter Commission could review the suggestions and send an,y changes to the Council in form of an additional ordinance proposal. The City Attorney noted a possible problem in wording in the section of the proposal '', concerning recall. Ne mentioned that according to the provision, it �vould take 25% of the registered voters signatures on a petition. He questioned tvhat would be the case if this wauld be a Ward Councilman and asked if this should be 25i of the',Wai in this case. He said he could see that there may be some questions if this came up , in the future. The City Attorney suggested that the Charter Commission and City Council clarify this section before someore has to go to court to find out the inter.t of the provision. I Mayor Nee said he believed this section must be rewritten before it could be used. ', UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, P°ayor hee voting aye> Councilwoman Kukowski voting aye, Councilman Breider voting aye, ar,d Counciln;an Starwalt voting aye, Mayor Nee declared the motion carried unanimously. EIVING THE MIPdUTES OF THE PLANNING COMI�IISSION �IEETI�IG OF JULY 15, 1975 ' COf4SIDERATION OF THF h1IP;UTES Of THE APPEALS CON1�lISSION MEETIN�3 Of JULY 15, 1975: ' � TO REDUGE A REQI�EST FOR A VARIA"iCE OF THE FRIDLEY CITY CODE, SECTIO� 2Q5.063, 48, THE S:[DE YARD SETQACK FRO'�1 FIVE FEET^TOTT410 FEEfcTQnALnO!� COi�S1R,'n`A�TF9GO�lALOTS'' ' � � � � � \ � ' li(1R l�JI\1 ��i�v • ....�.�._...__ . ____ -_ . 8 AND 9, BLOCK P, RIUERUIE'�d NEIGHTS ADDI7I0��!, THE SAME t_v S7REET N.E., FRIULEI', P1iNNESO"fa 55432. TREQUESI BY JA�ES R. P4ATISOfd : The Public Works Director explained the request to construct a carport, porch and addition to the exis�in g dwelling and said a variance ��io.uld be required because the lot is only 50 feet wide. He furtner explained that �he applicant ', had attempted to pui�chase the adjacent property to allow this construction without a variance and there tivere some legal problerns and expens2 involved in this • acquisition. he mentioned the structure to the east of ±his property is 48 feet away Mr. Sobiech explained that Mr. Matison was present at the meeting to answer any'. questions from the Council. He further mentioned that the Appeals Commission had recoir�nended approval of the request with the stipulation that a hard surface. driv:.� Ue i nstal 1 ed. ', Mayor� Nee said he was not satisfied with i:he explanation in the minutes of how ' the applicant had tried to purchase t{�e adjoinir.g property. I':e questioned if he had really tried to purchase it when the adJoining property okmer does ��ot own -it. t�r. 1�1atison explained to purchase from three te ten feet c�f property, he wc�uld have to track dovm „�ho owns it and split it off and this would take a'lot. a time and expense in legal fees. ', Mayo!r Nee asked if this pronerty would be a building site. After considerable' discussioii it was determined that the adjacer.t property ��rould not comprise a building site. P1r. P4atison said the cost to split a 25 foot parcel of property would be extensive and he guessed that the mortgage company U�ould want him to j purchase tl� entire 25 foot lot. h1r. hiatison said he dic. not need this much property MOTIO� by Councilman Fitzpatrick to conc!�r with the recommendation of the Eoard of A;,peals and qrant the variances with the stipulation that a hard surface drive�ti�ay be installed. Seconded by Council��oman Kuko�.•?sl;i. Upor, a voice vote,' all voting aye, P�layor Nee declared the motion carried unanimously. A REQUEST FOR A VARIAfdCE OF TI!F FRID�[Y CITY CODF, SECTTON 205.154, (3), TO ��T n�o>;,rccTnN Tn rNrRf-/lSF 'iHE t�iAXIMUI'�i HEIGHTS OF A F[NC[ TO TEN 10 r PObL�RE�, TO BE LOCAItU Ui9 �u� 4, G�v�r. ,-r�r� �,�o �,Tnnnv i �ni� r� F= �EOUEST BY M�. Sobiech explained the request to Ee to increase the height of a fence to encompass an above ground swimming pool and incorporate a deek. He said the Appeals Commission had recommended approval of the request. MOT[ON by Councilman Starwalt to concur in�the recommendation of the Appeals Commission and approve the request for a variance inthe height of the fence a 6128 Woody Lane. Seconded by Councilman �reider. Upon a voice vote, all _ --- __ _. _ _ __ _ _ _ _ _ _ . . - _ _ 32 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 voting aye, Mayor Nee declared the motion carried•unanimously. PAGE 6 A REQUEST FOR A VARI�tdCE OF SECTION 205.053, 4Q, FRIDLEY CITY CODE, TO REDUCE ' THE SIDF YAR'D SETQP,CK FROM 10 FEGT FOR THE PURPOSE Or CONSTRUCTING AN ADDITION TO AN EXISTING DWELLING LOC�TED OfJ LOT l, LUND'S ADDITION, THE SAME SEING 12 TALMADGE WAY, FRIDLEY, P1INP�ESUTA 55432 REQUEST BY DALE G. MINER : The Public Works Director explained the request to be for the cons�ruction of an addition to the existing dwelling which would be 6.2 feet from the property line and will be 12 by 26 feet in size. He said the P,ppeals Commission had recommended approval of the request. Mr. .Sobiech said Mr. P1iner was present at the meeting to answer any questions. MOTION by Councilrian Fitzpatrick to concur with the recommendation of the Appeals Commission and grart the variance as requested by (�r. Dale G. Miner. Seconded by Counciltvoman Y.ukowski. Upon a uoice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATI�N DRAINAGE APJD UTILITY EASEFiF „, EST, SAV #75-05, �Y RICHARD KOK, TO REDUCE THE 01�1 6 FEET TO 0�EET OPd T{�E SOUTH SIDE OF LOT F SAP1F BEiNG 6517 P1CKI�LEY STREET N. E.: There was no action necessary on the request at the present meeting ('.ONSIDEP.ATIOP� OF VACATION REQUEST, SAV �75-07> BY VERLYN VANDER LUGT: TO VACATE THE STREET EASED1ENT OCCU�'YING TH� EASTERLY 66 FtET OF PROPERTY UESCRIQED AS THE SOU��H P/�RT OF TRP,CT C, REGTS?ERED LAND SURVEY �d0. 3 TO ALLOI�J THE CONSTRUCTION Of A SI�lGLE FAMILY DI��ELLIPlG: Counci�man Starwalt questioned if this request shauld be held up to incorporate the possible vacation req,uest by the adjoining property o�-,ner. The City Manager explained that if this vacation v,�as applied for, it ��aould have to come to the Planning Commission and ��lould take some time. He mentianed i:here was not need to h�ld up this reyuest for that carsidcration since th e property owner was facing a ii;r�e: element.for construction. The ?ublic 4Jorks Director explained that the applicant had requested.this vacation to allova the consi;ruction without takinn,out r,he trees on the lot. Mayor Nee asked if there would be a need for a drainage easement. The Public Works Direr,tor explained th^ r.onveya��ee easement on the tax forfeit propert�es could be obtained and access could also be obtained from �_he park property to the west. MOTION by Councilman Starwalt to set the public hearing for September 15, 1975 for the matter of the vacation request by Verlyn Vander Lugt. Seconded by Councilman Lreider. Upon a voice vote, all voting aye, Mayor yee declared the motion carried unanimously. CONSIDERATION OF A REQllFST, SAV #75-G8, BY LEO LEMKI: TO VACATE 47TH AVENUE N. E. BETWEEN 3RD SIRt[T A�� UP;'IVEPSI��I' aVEIvUE, �fJD VACATE THE 12 FOOT ALLEY 6E—irT7�EN��iF—�NUE i��. E., �48TH AVENUE N. E., ALL LOCATED IN BLOCKS H AND � 9, PLYh�10UTH ADDI1 IO�v, TO AI L06; CONSTRUCTIOP� Of= A SIidGLE FAI�ILY HOME ON LOT 30�, BLOCK 9, FLYMOU�11, Tf-1t SA!�'iE l3Er(VG 46b7 3P,D_STREtT N. E.: MOTION by Councilman Fitzpairick to set thc Public Nea�°ing on Uacation request SAV #75-0&, by Lec Le�riki for Septen�ber i5, 1975. Secor�ded by Counciln�an Star•wa?t. Upon a voice vot.e, all voting aye, Mayor �dee deciared the motion carried unanimously The Public ldorks Director menti�ned that this area was talk�d about by the Ccuncil for possible u>e for tennis courts and this had not been considered by the Planning Commission in ti�eir discussions concerning the vacation. He asked if this should be passed back to the Planning Cammission for this consideration. C�uncilman Fitzpatrick said he did not ccnsider this a great location for a tennis court, but said the area is vo�d of any other possible ]ocations. The- Public Works Dir�ector said t}-�is rnatter could be di;cussed.at the Public Hearing. MOTIOtI by Councilvioiran Kukov�ski to receive the minutes of the Planning Commission meeting of July 23, 1975. RECEIVTNG THE MINUTFS OF THE Cl�f?LE TELEVISION MEFTING Of JULY 17, 1975: 'I�' CONSID[RATI0�1 GF RFVISICIM 01: BYLAWS IN AR7ICLtS VI AND ViI OF COMMISSION: ! The Public Works Director said according to the fr�nchise, the City Council must approve any changes in the rules and regulation� ard bylaws of the Commission, . _ _ _ _ _ � ' � � ' � � � , ' � � REGULAR COUNCIL MEETING OF AUGUST 4, 1975 33 ' , PAGE 7 ' Mayor Nee explained the change to be from chairman to chairperson. The Public I Works Director said the meeting time would also be changed to correspond to all'of the other commissions. ', MOTION by Councilwoman Kukowski to approve the ch�r�e in the Qylaws of the Cable', Television Comnission as i°ecammended in tiie minutes of the July 17, 1975 meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Nayor Nee ', declared the motion carried unanimously. , ` CONS]fDERATION OF MEDIA CLASSES IN THE JUNIOR AND SENIOR HIGH SCHOOLS: , MOTION by Counci.lman Breider to concur in the recommendation of the Cable Telev;ision Comnission to provide. media classes in the Junior and Senior High Schools. Sec'onded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERl�TION OF DESIGNATING RESOURCE CENTER IN APdOKA COUNTY LIBRARY: ', . Mayor Nee asked P1r. Burt Ellis, Lion's Club, if the eouipment had been donated',with the intent that it would be used in the Fridle;� ,ranch of i:��e Anoka Courty Library',and f�r. Ellis said yes. Councilman Starwalt expressed the concern that the recomrnendation did not state that this would be the Fridley branch, it said the Anoka County , Library. Mr. Ellis said the equipment would be general public property and he', suggested that some note be inade that this was intended for the Fridley Branchi P10TION by Councilti�oman Kuko�•�ski that the Ano�ca County Library, Fridley Branch,',be desionated as the Cable Television Resource Center. Ser.onded by Councilman Fitzpatrick Upon� a voice vote, all voting aye, Mayor Nee declared the motion carried unanin�ously. MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television I Commiss,ion meeting of July 17> 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDE�RATION OF AERATION OF P400RE LAKE BEACFI At�D ACCEPIANCE OF DONATIO� FROP�1 LIOPJ'S �LJB: Mr. Mavnard Neilsen, 4655 2'-2 Street N. E.> President of the Lion's Club, addressed the Council and said he was to spsak on behalf of the aeration of Moore Lake. Mr,• �leilsen said he h�ad looked at other lakes where this process is beirg used and th'ere has been impi°oven�ent. He mentioned if the salesman foi° the equipment is correct, it would aid �'�oore Lake. He furth�r n�entioned if this process ti�ould just control the conditions at the swimming beach, he �vould be pleased. He said he would like to'get d and create a situation where ic �^�ould be possible to fish from'', r�d of some wee s some other spots than next to the highway. Mayor Nee said his concern is one of expectations. He mentioned the memo from the NaturalistJResource Coordinator and said it vras confusing sirce in the begininng', it states this ��ould not be recomr�,�ended and at 'the end it states since the puhlic officials seem to favor this, he woultl recom�nend its use. P1�yor Nee asked if a' special chemical would be used vdith this equipment.. Mr. Neilsen said a ch^mical' would be necessary. P1ayor f�;ee asked if the donation ��ould cover the cost of the'entire operation or vrould the City have to contribui:e additional monies. The City I�lanager said the company would provide the chemicals for one year and the Cit,ri•+ould have to pick up the cost for the chemicals the second year. Councilman Fitzpatrick asked Piow much of the enuipmen* wou�d be pEi°mantly owned by , the C�ity. Mr. Burt Fllis said the �2,700 amount would purchase all of the equipment necessary. ��r. Ellis said the cost of the ct�emicals wauld be nominal the second'yeai°. The C�ity Ntanayer explained the City is spending qui'te a bit of money on chemical',s at the present time and he hoped this would replace this neEd. , Councilman Starwalt questioned why the cost of i;his type of equipment and system in ot!her areas ran up to �15,000. The City �1anager said they had many pieces of equi2o?�nt not just one. The City Manager explain�d this to be a new type of system and he had reservations because_the claims of the company are not substantiated in all',cases. " Cauncilman Starwalt asked if the equipment could be used all winter and Mr. Nei�,sen said it could be. . ', The City Attorney mentioned that this type of equipment was being used in a lak he was familiar with and the people indicate that it does a good job in a limit Counc:ilman Breider suggested that the Council take a position to try the equipm P40TI()N by Councilman Starwalt to accept the donation of the aeration equipment _ _ that area. nt. �� 34 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 8 the Fridley Lion's Club for use in Moore Lake. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee expressed his deep thanks for the efforts of�the Fridley Lion's Club. CONSIDERATION OF APPROVAL OF AGREEMEPJT BETWEEN BRYANT-FRANKLIN CORPORATION AND CITY OF FRIDLEY FOR USE OF a�JILDING AT 7900 P1AIN STREET N. E.: Councilman areider asked if the representatives of the corporation was present at the meeting and the Public Works Director indicated they had been notified but were not present. Councilman areider said he would like to continue this item till later in the evening ��hen tfie people were in attendance at the meeting because he would like to discuss some things about the way that business is conducted from that location. CONSIDERATION OF A REQUEST BY DARREL FARR CORPORATION FOR CITY ACCEPTAPJCE OF PRIVATE STREETS: Councilman Starwalt said he had talked to the people from Darrel Farr Corporation and indicated th�,t thisitem would not be taken care of until 11:00 P. M. and he asked if this coula be delayed uniil that time. REQUEST TO CABLECFlST COUNCIL MEETINGS BEGIflNIn1G SEPTEMBER £3, 1975 BY GENERAL TELEVISION, INC.: . . MOTIOR by Councilman Breider to concur in the request by General Television. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor N2e declared the motion carried unanimously. CONSIDERATION OF WAIVING 3URNING PERMIT FEE FOR YMCA: MOTION by Councilman Breider to waive the burning permit fee for the YMCA. Seconded k�v Councilman Fitzpatrick. Upon a voice ��ote, all voting aye, Mayor Nee declared �e motion carried unanimously. CONSIDERATION OF A NEW POLLI�dG PLACE FOR WARD 3, PRECINCT 3: Councilman Fitzpatrick said he had talked to the City Manager about this concern before the meeting and he questioned ��hy only one location was suggested. He mentioned that he felt this location to be inconvenient. Mayor Mee said this suggestion seemed like a terrible p':ace to him. � Cour�cilman Fitzpatrick asked if the location could be on the other side of the railroad tracks. He also questioned if the polling place could be outside of the precinct. The City Manager said this question had been discussed at the staff level and he nuestioned if the City Attorney had a chance to check into this requirement. The City Attorney said he had not checked this provisior. After several suggestions were made ior possible locations, the Council directred the Administration to further study the possible alternaiives and bring the matter back to the Council. MOTION by Councilman 6reider to tahle the conce�n of a possible polling place fior Ward 3, Preci;ict �. �e�on�{ed by Councilti�roman Kuko�,�ski. Upon a voice vote, all voting aye, Nfayor Nee dec1ared the nioti'o,� carried unanimously. CONSIDER/�TION QF A REQUEST QY AGNES_M_SHA!�!_FGR PERMISSIOid TO US[ LOGAN PARK FOR A ANU y f�.r�.: MOTION b,y Councilman Breider to apprcde and concur in the requests by Ms. Agnes Shaw. Seconded by Counciiwoman KukoGask�. Uoon a voice vote, all voting aye, �1ayor Nee declared the motion carried unanimously. RESOlUTION N0. 141-19?5 - APPOINTIf�IG AND CONFIRf�IING EXISTING APPOINTMENTS TO THE CITY OF FRI[7Lf_Y COP�i�1ISSI0P�s rOR THE Y[AR 1975: � � MOTIOhJ by Councilman areider to adopt Resoiul:ion ��o. 141-1975. Seconded Ly Councilman Starwalt. Upon a voice vote, ail voting aye, Mayor Nee declared.the n!otion carried. CONSIDERATION OF R[JECTION OF 11LL BIDS FOR STREET TMPROUcMENT PRC1aECT ST. 1Q75-lOQ OVERLAY: The Pub1ic l•lorks Directr,r explained that the bids came in higher than the engineers estimat. He explained by the rejectio of the bids and addiiig this improvement to the 1975 improve- ment project, the price would be less. _ __ _ _.__ _ _ __ __ _ __ • .. ' � . � , � ' i 1'. , ' � � � � . \ ' . REGULAR COUNCIL '�IEETING OF AUGUST 4, 1,975 ' � ', �.�: �. PAGE 9 ' MOTI�N by Councilman Starwalt to rejeci the bids for Street Improvement Project ' ST. 1975-106, Overlay. Seconded by Councilwoman Kukowski. Upon a voice vote ' all voting aye, Mayor Nee declared the motion carri.ed unanimously. Councilm�n Sta nvalt asked if this improvement could be added to the existing projeet and the Public Works, Director explained that there is a clause in the contract that would allow the City to add up to 25i of the total contract. ' Mayor Nee asked if the Council had to state some findings and the City Attorney said no. RESOLUTION NO. 142-1975 - ORDERING IA1PROVEMENT, APPROVAL OF PLAN� A�lO ADDING PROPOSED IMPROVE��IENT 0� STP.EETS OPiTO THE EXISTING STREET I�SPROU[��1ENT PROJECT ST. 1975-1 , ' AND GONSIDERATIO�: OF APPPOVAL OF CHANGE ORCER �fl FOR STREET I�1?ROVEh1E PROJECT ST. 1975-1: Councilman Dreider asked if this procedure is legal. The City Attorney said if th� City Council feels the bids are too high or the project can be done in a more economic« way, it can be done. , Mayor Nee asked if this would have to be done Stating the findings. The City AttoHney said it 4;�ould be in order for the Council to receive and concur in the recommendatilon of the Public Works Director. � , MOTIOfV by Councilman Starsvalt to recei��e the recommendation from the Public Works �' Director and concur ir, that recommen�ation and adopt Resolutior No. 142-1975 and ' approve Change Order ;�l for Street Improvement Project St. 1975-1. Seconded by Councalman 6reider. Upon a voice vote, all vcting aye, Nayor Nee declared the motion carrietl unanimously. RESOLUTIOfJ P10. 143-1975 - AU7HORIZING AlVD DiRECTING THE SPLITTING OF SPECIAI ASSESShiENTS Of� PARCcI 1240, AUDITO,:'S SUBDIVISIOiJ N0. 22, AP�G LOT il, BLUCY, 4, AP,O OUTLOT C, IN'. RICE CP.ELK. ESTATES ADDI7ION, AiiD REPLFITTING INTO FtiCE CiZEEK ESTATES 2ND P,DDITION; T'T . MOTION by Councilman Breider to adopt Resolution No. 143-1975. Seconded by Councilkaoman Kukowski. Upon' a voice vote, all voti��g aye, t�ayor Plee deciared the ir�otion carried' unanimously. ` RESOLUTIOPd N0. 144-1975 - FlUTNORIZI�;G AND DIRECTING THE SPLITTING OF SPECIAL ASSESS�1ENTS ON PFIRCEL_ 1£40,_NUDI IOi;'S SU3DiVISiGiJ P�O. 2?_, AND LOT 11 , BLOCK 4. uND f1TITl i1T C_ TN' -T MOTION by Councilman 6reider° to adopt Resolution No. 144-1975. Seconded by Councilwoman I:ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the rnotion carried ' unanimously. RE>OLUTIO?� PiO. 145-1975 - AUTHORIZING AfdD DIRECTING THF SFLITTING OF SP�CIAL ASSES5f�9ENTS — -- --- OP� PAP.T U� LOT 12, PARC£L a�30,_LOT 13, .PARCEL 520 AftiD LOi 14, f'ARCEL 560. 6LOCK 1.� 9PRIN t�lOTIOh by Cou��cilman Breider to adopt Resolution No. 145-1975. Secondec by Council'woman ' Kukowski. Upon a voice vote, all voting aye, P1ayor Nee d2clared the n�ot�ion carried' unanimously. . , RESOLUTIO(d�^!0. 146-1975 - 11UTHORIZINu AND DIRECTIh'G TNE COP1QINIf�G OF SPECIAL ASSESS��iENTS ON .LGT 55,_ P�+fti,EL G465 AND LOT �i6 "r' ------ i _ _`_ , < <i��C[L 447U, BLGCK S, RIVERVIEb, NEIGHTS ,qDD1TI0N'�:i � MOTION.by Councilman Breider to adopt Resolution No. 146-1975. Seconded by Councilwoman Kukowsk�i. Upon a voice vote, all voting aye, P4ayor Pdee declared the inotion carried ' unanin;ou�ly. RESOLUTION N0. 147-1975 - A!1THQRTZING AND DIRECTING THE•COi�1QINING OF SPECIAL ASSESSMENTS N�C�'iL�, h;. 5 5, �'C L�'fi 22 �IRCEL 4580, [3LbCK T, R fE'V VIEI�J HEI'GHTS DDT ITIOPd:' � MOTION by Councilman 6reider to adopt Resolution No. 147-1975. Seconded by Councilwoman Kukowski. Upor. a voice vote, all voting aye, Mayor Plee declared the motion carried ' �. unanimously. , PFSOLUTION' P70. 148-1975 - AUTHORIZI�G AND DI�ECTING THE� NiB��G Of SP��Il�L6S.SE$�M�j� �� Uf4 ��T 25. PAR�EL 4595_ ANfI I(1T 9ti_ PAR�FI �tinn Ri nrv T onirovrn.i urrru-rc nnnTrrnni. MOTION by Councilman areider to adopt Resolution No. 148-1975. Seconded by Council _ ___ _ __ ! � ; i :� ti REGULAR COUNGIL MEETING OF AUGUST 4, 1975 PAGE 10 Kukowski. Upon a voice vote, all voting aye, Mayor Piee declared the motion carried unanimously. RESOLU7ION N0. 149-1975 - AUTHORIZING AND DIRECTIPlG THE COMaINING OF SPECIAL ASSESSMENTS N L T 12, PARCEL 4810, L T 13, PARCEL 4II15 AND LOT 14, PARCEL 4820, BLOCK U, RIVERVIEW HEIGHTS ADDITION: ' - MOTION by Councilman areider to adopt Resolution No. 149-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor ��ee declared the motion carried unanimously. RESOLUTION NQ. 150-1975 - AUTHORIZI�IG /�ND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 19, PARCEL 4845, LOT 20, PARCEL 4850, LOT 21, PARCEL 4855, AND LOT 22, PARCEL 4860, BLOCK U, ftIVERVIEld HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution No. 150�-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all ��oting aye�, Mayor Nee declared the motion carried unanimously. RC-SOLUTION N0. 151-1975 - AUTHORIZING AND DIRECTING THF COMQINING OF SPECIAL ASSESSMENTS ON_LOT 17, PARCEL 5055 AND LOT 18, PA?CEL 5060, BLOCK V, RIVERVIEt�' HEIGHTS ADDITION: MOTiON by Councilman areider to adopt Resolution No. 151-1975. Seconded by Councilwoman , Kuko�vski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. �..-,, RESOLUTION N0. 152-1975 - AUTHORIZING AND DIRECTING THE COi�1BINING OF SPECIAL ASSESSMENTS 0� LOT 19, PARCEL 5065 AND LOT 20, PARCEL 5070, BLOCK U RIVERVIEW HEIUHTS ADDITION: MOTION by Councilman Breider to adopt Resolution No. 152-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLU�IQP� N0. 153-1975 - AUTHORIZING AND DIRECTING THE COt°IRING 0� SPECIAL ASSESSMENTS ON LOTS 27 AfdD 2&, PARC�L 5110 AND LOT 29 AND 30, PARCEL 5120, BLUCK V, RIVcRVI�W NEIG,HTS AGDITION: MOTION by Councilman Bi°eider to adopt Resolution No. 153-1975. Seconded by Councilvaoman Kukowski. Upor. a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. - RESOLl�TION N0. 154-1975 - AUTHORIZIP;G AND DIRECTING THE C0��IBINING OF SPECIAL ASSESSMENTS ON LC-i' 31, PARCEL 5125 A�vD I_OTS 32 AP!D 33, PtiRCL-L 5135, E3LOCK V, RIVERVIEW NEIGHTS � ADD�t10N: - MOTION by Councilman 6reider to adopt Resolul:ion fdo. 154-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimoulsy. RESOLUTION PJO. 155-1975 - AU�rHORIZING AND DIRFCTING THE COMBINING Of SPECIAL ASSESSMENTS LOT 34, PHRCFL 5140 /1ND LOTS 35 .�PiD 36, PARCEL'S150, aLOCK V, RIVERVIEW HEIGNTS AUDITION: MOTION by Councilman areider to adopt Resolution No. 155-1975. Seconded by Councilwoman Kukowski.. Upon a voice vote, all voting aye, Mayor f�ee declared the motion carried unanin?ous iy. . RESOLU7ION N0. 156-1975 - AUTHORIZING AP1D DIRECTING ?IIE COh113INING OF SPECI�;L FSSESSI�IENT� ON LOTS 1� AND 2, P'1RCEL 5200, LOT 3, Pl�RCEL 5205, APdD LOT 4, PARCEL 5210, [iLOCK 4d, RIVLRVIEI^1 HEIGIITS RD�iTICN: i- MOTION by Councilman Breider to adopt Resolution Plo, 156-1975. Seconded by Councilwoman Kuko��ski. Upon a voice vote, all voting aye, Mayor i�ee declared the motion carried unan�mously. RESOLUTION N0. 157-1975 - AUTHORIZING AND DIRECTING TIiE COM[�INING OF SPECIAL ASSESSf�ENTS ON L.OT 13, P/1RCEL 57..55 r!P�C LOTS 14 AND 15, PARCLL 5265, f3LOCK W. RIVERVIEW FIEIGHTS ADDITi N: �- ^- MOTION by Councilman Breider to adopt Resolution No. 157-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. __ _ _ -_ _ _ _ _ _ _ __ _ _ � ; � � REGULAR COUNCIL MEETING OF AUGUST 4: 1975 PAGE 11 37 RESOLUTION N0. 158-1975 - AUTFIORIZING AND DIR[CTING THE CO�+IBINING Of SPECIAL ASSESSMENTS ON LOT 22, PA�CEL 5310 AfdD LOT 23, PARCEL 5315, BLOCK W, RIVERVIEt�J HEIGHTS ADDITIOPd: MOTION by Councilman Breider to adopt Resolution ��o. 158-1975. Seconded by Councilwoman Kukowski. Uopn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' RESOLUTIOt� N0. 159-1975 - AUTHORIZI�G ANO �IRECTING THE COMBINING OF SPECIAL I�SSESSMENT$ ON LOT 28, PARCEL 5340, LOT 29, PARCEL 5345, lOT 30, PARCEL 5350, AND LOT 31, PARCEL 5355, BLOCK W, RIVERVIEIJ H[IUNTS ADDITION: ' MOTION by Councilman Breider to adopt P,esolution No. 159-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ' RESOLU7ION N0. 160-1975 - AUTHORIZING APID DIRECTING THE COP1BINI^!G OF SPECIAL ASSESSMENTS ON LOT 3'L, PARCEL 5360, AND LOT 33, PARCEL 5365, BLOCK W, RIVERVIF41 HEIGHTS ADDITION: ', MOTION by Councilman Breider to adopt Re.solution No. 160-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , unanimously. RESOLUTION N0. 161-1975 - AUTHORI7_ING AND DIRECTING THE COMQINING.OF SPECIAL ASSESSMENT'S LOT 29, PARCEL 5£375, LOT 30, PARCFL 5830, LOT 3�CEL 5885, ;1MD LOT 32, PARCEL 5890,' BLOCK AA, RI�JERVIEId HEIGHTS ADDITION: ' MOTION by Councilmdn Breider to adopt Resolution No. 161-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor �dee declared the motion carried unanimously. RESOLUTION N0. 162-1975 - AUTFIORIZING AND DIRECTING THE COD16INING OF SPECIAL ASSESSMENTS ON LOT 1, PARCEL 5930, LOT 2, P/�RCEL 5935, LOT 3, PARCEL 5°40, LOT 4, F�RCEL 5945, AND' lOT 5, PARCEL 5950, C�LOCK BQ, RIVERVIEW HEIGIiTS ADDITION: , M07IOfJ by Councilman E�reider to adopt Resolution No. 162-1975. Seconded by Councilwoman Kukov�ski. Upon a voice vote, all voting aye, (�iayor Nee declared the motion carried unanimously. ' RESOLUTION N0. 163-1975 - AUTNORIZING AND DIRECTING THE COMBINING OF SPECL�I ASSESSMEN"jS ph L�1'-6, PARC[L 5R5�:;, LOT 7, PE�RCEL 59�0, L07 8> PARCEL 5�65 AND LOT 9, PkRCEL 5970, �LOC BB, RIVERVIEtJ HEIGHTS ADDITION: � ', MOTION by Councilman Breider to adopt Resolution No: 163-1975. Seconcied by Councilwoman Kukowski. Upon a voice vote, ail voting aye, P�layor Nee d�clared the motion carried unanimously. CLAIMS: GENERAL AND LIQUOR 10H40 - 11019 ', . MOTIOPd by Councilman Starwalt. to approve ti�e claims. Seconded by Gouncilv+oriian Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously., LICENSES: ' aLACKTOPPI�dG QY APPROVED BY ' Northern Asphalt Const. Inc. Gerhard Larson D. Clark ', 11064 Raddison Road N. E. alaine,�Minn. 55434 United ASphalt Co., Inc. Gary Anderson D. Clark , 331 Coon Rapids Blvd. , Coon Rapids, Minn. , ' EXCAVATING. ' Walter C. Suchy Excavating Gary l�nderson D. Clark 73 West County Road C , St. Paul, Minn. 55117 , 0 Y �, 3� ,' REGULAR COUNCIL MEETING OF AUGUST 4, 1975 , Licenses continued: � GENERAL CONTRACTORS . BY D. W. Construction, Inc. Dona7d Wehlast 8804 Lexington Ave. . New Brighton, Minn. 55112 DaVer^ne Corpot°ation David E. Fieck Serendipity Court � New Brighton, Minn. 55112 G. & D1. Construction, Inc. John Gi�bs 1908 19th A Street N. W. New Brighton, Minn. 55112 Inter C,ity Builders Joe Shun 2500 P1urray Avenue N. E. Minneapolis, Minn. 55112 R. H. Homes R. H. Romens 7300 Gallager, Suite 118 Edina, D1innesota 55435 Jerry Thell 6uilders Jerome P. Thell 14035 Partridge St. N. E. Anoka, Minresota 55303 • Cliff Sampson Company Larry Sampson 907 Excelsior alvd. St. Louis Park, Minn. Wesilund Bros. Const. Roger Westlund i823 Shy High Qrive ' New arigfiton, Minnesota 55112 � NE/�TING . Kleve Heatir,g and Air Cond., Inc. Herbert J.. Kleve 13075 Pioneer Trail • Eden Prarie, Minn. 55343 MASO�RY ` Gary Lantz f,oncrete & Masonry Gary Laritz 211 91st Avenue N. E. Blaine, P�linn. 55434 SIGN Pedersen Signs Duane.Petersen 5001 Clearview N. E. ° Fridley, Minn. 55421 HOUSE TRAILER , Duane Petersen Duane Petersen ' 7276 St.if�son Blvd. Friclley, Minn. . SOLICITOR � � . j Cub Scout Pack #212 Russel Nannu ' . i0150 F�ley Blvd. . GARCsAGE PICKUP __.___ _� All State D�spasal Rodney a. Kager • 4Q00 Hamel Rd. Hamel, Minn. . �! Christen Trucking Inc. � Robert Christen � 3501 Silver Lake Rd. PAGE 12 APPROVED QY D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark D. Clark B. Sandin D. Clark D. Clark D. Clark Public Safety Director Health Inspector Health Inspector 0 0 0 � r `, � . ' �. r . � ' � 1 � � , � � � � � , � I � \ \ _. REGULAR COUNCIL MEETING OF AUGUST 4, 1975 GARBAGE PICKUP continued 8Y Hilger Transfer Inc. David A. Klatke 6721 59th Avenue N.. 6 _...._ . _ ... . . . �� 3 �3 � ',PAGE 13 APPRDVED BY Health Inspector Jetline S�rvice John R. Barcla 3817 Xylon Avenue N. y Health Inspector Minneapolis Lofgren Sanitation Service Harland Lofgren Health Inspector 9100 Franders Street Blaine Metro Refuse Inc. William T. Butler 9837 3rd Avenue S. Nealth Inspector Bloomington Nelson's Trucking Jerry Nelson ' 13 hiaple Place Mealth Insnector Minneapolis Browning-Ferris Ind. Larry A. Hoy • 9813 Flying Cloud Dr. • Health Inspector Eden Prairie � ' MOTION by Councilman Starwalt to approve the licenses. Seconded by Counci,lHroman Kul<owski. Upon a voice vote, all voting aye, Mayor Nee declared the rnotion carried unanimously. ESTIMATES: Allied 6lacktop 3601 48i:h Avenue North Minneapolis, Minnesota 55429 FIfIAL Estimate #1 for Street Improvement Project ST. 1975-10A (Sealcoat) according to contract Comstock & DAvis, Inc. 1446 County Road "J° Minneapolis, Minnesota 55432 PARTIAL Fstirnate #1 for ldater S 't � �� . � '7,454.25 Storm Sewer & Street Grading foraImprovementrProject No. 117 $ 3,639.90 PARTIAL Estimate #,7 for Sanitary Sewer Improvement Project No. 113 from June 9 through July 5, 1975 $ T,882.94 MOTION by Councilwoman Kukowski to approve the estimates. Seconded by Counc,ilman Breider. Councilman areider asked that the Council be furnished with copies on the figures of�the estimates for partial estiinates from Comstork and Davis and the City I�ianager said this wouTd be giver to the Council in their agenda folders. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION.NO. 164-1975 - DcCLARING THE NECESSITY FOR AN ADDITIONAL TAX LEVY!IN ADDITIOt� TO THE 10 NILL LIP1iTAT10iJ PRUVIDED [3Y THE C1TY CHARTcR SPtCIFYING TWF P�IRPnc 4ND CNLLING A PIiRI T"� u�noTr.:c n�� ,r..--�:-. .. .,.. ----__.__ MOTION by Councilman Breider to adopt Resolution fdo. 164-1975 settirg the pub,lic hearing for September 15, 1975. Seconded by Councilman Fitzpatrick. Upon a!voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' DISCUSSION CONCERNING POTENTIAL COMI�1UNITY DEVELOPMEPlT FUN.DING GRA�tiTS FROM HUDI: The City Manager said from information nov� availa�le, it has been determined that there is a possibility of obtaining community development grants from HUD. He said the Council had been furnished wii:h �� copy of possible areas where Fridley may be able to obtain funding. Mayor Nee ask2d if some of the projects listed would not be feasible because this type of development should come out of general funds.' F' � :�(1 REGULAR COUNCIL MEETING UF AUGUSi 4, 1975 PAGE 1'k The City Manager explained that there are grants available from all different types of a.gencies. . . Councilman Breider said he thought the City should send out a feeler and find out the current mood of those making the grants. He said he thought Mr. Roardman, Assistant Planner should take the various proposals to the people at HUD and determine which would be more apt to obtain funding. The Public Works Director said this is what the Administration had planned to do. MOTION by Councilman Starwalt to concur with the recommendation of the Administration in see king community development funding from HUD. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Helen Treuenfels asked why North Park was not listed as one of the possible funding areas. The consensus of the City Council was to add North Park to the list. SIDERATION OF APPOINTING A BOARD OF REVIE4J: Mayor Nee asked if the State Statutes would.allow the City Council power to yearly uppoint the Qoard of Revie�•r. The Finance Director said he thought the Council could detr,7iine the 1ength of the terms. Mayor T:e� said a nei�r City Council could make their own determination. The City Manager explained that with the new Legislation, it would be possible for the Council to appoint the Board of Reviev� rather• than the Council serving in this capacity He said this does take about two meetings a year for the Council and he would like the Council tc be aware of the option to appo�nt the Goard. Councilwoman Kuke�rski �sYed if the people appointed would be c�mpensated. The Ci�y Manayer said according to the policy, there would be no direci compensation, the City ��ouid just reimburse for expenses. i�1ayor Nee said as he read the menio, it indicates that there has to be an appraisor on c"� �oard. The Finance Director listed soine of the pros in this type of appoini;ment. He said it would place people in this position that dea7 v�ith this type of determi'nation every day. He said the people may have more faith in their judgement than the judgement of a layman. ' • Co�mcilmar� 3reider .said over the years sitting on the Board of Equalization, he had heard many stupid arguments to reduce evaluations. He said he did not think this type or arguinent was fair for the 6oarci �f Review. He said he vrould like to see someone less partial and have the assessments equalized. Fie mentioned that this would get the review away from ti�e political situation. t�ayor Nee qu2stioned what if the people on the Board want to yive away the wor�ld. Councilman Breider said the evaluation can only be changed 1% overall. Ccuncilinan Breidei° said the professiors haye bcen involved in the past in that tl��e Council asks outside appraisors for their opinions. Councilman Starwalt said he wouldlike to speak against the appointment of a Board of Rev�et�a. Councilinan 5tai��ialt said he has been very impressed with the ex�er-ts from t4�e City and the County and their handling of the process. He said he thought it had bee� to his advantage to learn this process and obtain the infoi°mation presented. The'Finance �irector said the Qoa.rd would svork just as it had in the past and the staff wou?d be prese.rt to advise tf�e Board. He said this Board could consist of part of the City Council. � Mayor Nee indicated there were pros and cons ir�,-olved in the appointment. He said. he had lost a friend through the last Qoard of EGualization process. The City Attorney asked if the Ca_mcil thouyht it v�ould be difficult to get professional people to s�it on the Buard. ��1ayor Nee sai d he would question whether the profession�.7s would have a conflict of interest if they are doing business in the City. . The City Manager said he wanted the Council ±o be aware of theoption, they did not have to act on it. Councilman Fitzpatrick said he had only attended one session of the Board of Review and he �hought the experience was valuable. CouncilG��oman Y.ukowski mentioneci that this is a part of why the Counicl was elected. She said she thought this was•a Part of the Council membe��'s responsibility.. _ _ _ _ � , � , ' �l� � � � � � � , ' � . ' 1 , � � �" . � � ' � � ' � REGULAR COUNCIL MEETING Of AUGUST 4, 1975 'i41 PAGE 16 ' CONSIDERATION OF APPRO�INL OF AGREEMENT BETWEEN BRYANT-fRANKLIN CORPORATION AND CITY OF RIDI_EY FOR USF F QUILDING AT 7900 MAIP! STREET N. E.: NOTL: This was continued', until later in the evening to allow for a represeniative to be present.) ', , Councilman Breider mentiored the applicants had requested to build a warehouse in the City and there was some problems with the provision to install proper landscaping.', He also referred to the recent sale by Banks at this locatian for items from Omaha'' tornado. He said he ha� received calls all day concerning the absence of any parking procedures in the area. ! Councilman Breider said in view of the past problems, he would like to talk to the'. people from aryant Franklin and get a firm commitment from them. Councilman Breider said their last request would have caused a need for the installation of a 20 ' acre parking lot. He said now they are proposing the same use, but say that the progress will be made a little at a time. He said he wouldlike absolute assurance', that this is not going to be a fly by night operation. ' The Public 4Jorks Director said the aryant Franklin people were instructed to be at'', the meeting. Ne said iF the Council would like to continue the consideration, he t��ould notify the applicants that they r;ust be present. ' Mayor Nee as{:ed if there is different criteria for warehousing and a retail operation as far as building codes. The Public 4Jorks Director said the fire prov�sions must'be met. He explained that i:his will be installa'tion of the proper amount of exists, etc, He ment�ioned this construction would be inspected by the Fire Officiais. Councilman Breider said he could not see how the parking situation could be coped with. Ne mentioned that if there is to be 100 booths for sales, there would have to be mqre parking than for the normal reiail operation. The City Manag�r said this is why this agreement was sought ard the matter brought to the Council. The City Attorney said the Code does not say whether 1:his use is specifically permitted or prohibited. He mentioned retail sales can be conducted in industrially zoned areas if this is '' incidental to tP�e business. The City Attorney mentioned that the City has aui:horized such szles in industrial zoned areas with retail operations. He mentioned �!ickes dnd Plywood Minnesota as examples of th�is. He said the Council had apparently conclud�d that these retails are incidential to the business. I' Councilman Breider asked if a Flea D1arket would apply also. 7he City Attorney said as much or more as Wickes or Plywood Minnesota because their operation would only ', be two days. . I Councilman Breider said he thought there would be a problem di��erting all of this ' traffic into the area. hle said he coul�d see seas cf blacktep in this area. Council- man Bi•eider said the City has G•rorked to have this a nice area and the people are ', trying very hard to do a good jou. He said with an operation like this, it will ' destroy the whole corcept of the operations there. ' The Publ�ic Works Director said the parking requirements being used in the aqreement are in excess of the nermal retail operation. Ne said in a norn�al situation, they',would require from 300 to 4G0 stalls and they had req�iired 500.from this locatiqn for thi's� use. Councilman Qreider asked hova many stall; Holiday has. The City P1anager said approzimately 1,300. Counr_ilmar Breider said there would be one half that mary cars at the warehouse. Mayor Nee coirmented that the Holiday lot is never full. The City ', Attorney said mayLe someday there may be this many stalls, but he questioned if they would see that many cars at the warehouse. Mayor Nee asked if the Council had the power to deny the �°equest. The Public Works Director• said this was their point in trying to cet the agi°ement drawn up. He said this agreement would be tio i:he City's advantage. ', The City Attorney suggested issuing a license or permit of operation for the period of six months. He said if the parking is not adequate, the City could requii�e them , to add stalls. I4ayor Nee said the City had not had too much luck with this kind of permit in i:he past. . The City Attorney said the question at hand would be if the Council has the power to deny the requesY.. ', Councilman arei�er said he suggested that the people from Bryant-Franklin come in',and talk to the Council before opening up. ' , .i � � t' i ; : R ; i- ; .; t� r.i i`' ; Yti €' � I��.-� 42 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 16 The City Manager said their non-attendance at the meeting might mean that they believe they can go ahead. The Public Works Director said he would tell them that the agree- ment would be brought back for Council consideration and instruct the representatives to be present. MOTION by Councilman Breider to table the consideration of the agreement with Bryant- Franklin Corporation and the City of Fridley until they are present at the meeting. Seconded by Councilman Starwalt. L'pon a voice vote, all voting aye, Mayor Nee - declared the motion carried unanimously. ' RECESS: Mayor Nee called a recess at 10:01 P.M. RECONVENED: Mayor Nee reconvened the meeting at 10:17 P.M. CONSIDERATION OF A REQUEST BY DARREL FARR CORPORATIOPI FOR CITY ACCEPTANCE OF PRIVATE STREETS: Mr: Wayne German, 1506 3ohnhof Junctian, addressed the Council and said he is a former employee of Darrel Farr and a resident of North Innsbruck. He �xplained that it would be impossible to develop the land in question without the FNA financing and this can only be obtained if there is public access into the area. He said the people firom Darrel Farr said they would do e�erything possible to br•ing the roads up to standard. He said it would be next to impossible to bring the roads up to the size requirement in width. He said if the City or the Home Owners Association disagree with this proposal, there will be no access to the area. Councilman Starwalt said he had talked to people in the Home Owners Association and obtained a cross sampling of opinions and he believed it would be possible to provide the public access. Mr. J. Michael Ertel, 1514 Bohnhof Junction, addressed the Council and said he is the President of the Innsbruck North Home O�aners Association. He said the Association would have to grant the dedica�ion of the private roads or they would create a l�:nd locked area of the area proposed for development at this time. He said this matter had come up at the last meeting of the Qoard of the Plorth Innsbruck Home Owners Association and the Board members had passed a resolution and agreed to soine easements over the private property for the installation of the fourth addition. He said the Board had noi; had a chance to disc��ss this possibility with.i;he general membership of the Association. He said the majority of the homEOwners do not know that this situation exists. Mr. Ertel said the i°esolu�ion obtained a unanimous vote of the Board. Mr. Ertel said he thought he could speak for the residents in the area in that they would like to see the area developed in a proper plan. He said if Darrel Farr can deve',c�p the are� they could use theprivate roads. Ne said the Board expressed the viev� that they are not interested in lznd locking for any reason. Councilinan Sta nvalt said he �;,Piougt7t that this pror_ess should start with a publi�c hearing Mayor Nee said he thought this vras a good idea. Co�ncilman Breider asked what part they were talking about. The Public Works Director Said the Fir� Department memhers had said they had trouble getting their ergis�e vehicle in Eas:: isavariar I'ass. He added, 41est Qavarian Pass has some garagr;,s, btat is not, as much trouble to gain access. The Public Works Director furthcr explained that originally the fourth and fifth stages of the development called for a different type of plan. He said i.wo to three weeks ago the staff and representatives of Uarrel Farr had suggested a different type of arrange- ment. He �xplained this proposal to be less tlense with t�vo or one unit per lot. He said thcse would be townhousES. Cour7cilman Breider asked the Public Works Director what the administratior,'s recommendation wou1tl be to get the streets public. The Public Works Direc"�or said the staff would " like the streets to remain private. He said if tlie City had to take over one street he wpuld suggest t9est Bavarian Pass. Fle said the City wauld perform the maintenance such , as rough snow ploNring which would be one pass in and one pass out. He said the ' people of the area or association would have to take care of the driveway plowing. He said the road would ��eed additional overlay and there would ha�e to be no parking ', lanes installed io be sure the equipment can get through. Councilman Breider asked h�u' wide the street is in the area of the garages. The Public k�orks Director said this � was from 28 to 30 feet and explained that the paved area includes the driveways. _ _ _.: _ _ � F� � � ' F f � �� .� f " �:' f� ' I ", r ' . ' ' ' ' ' t , ' � ' ' ' ' \ ' ' REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 1'! � ��. Mayor Nee asked if the plan is being proposed by Farr and the Public Work's Director ', said yes. The City Attcrney asked if it would be possible to obtain access through the New Brighton area to the east. Mr. German explained that this property had been foreclo;sed on and the owners.h�ip is through a Wisconsin bank. He said they had investigated this possibility with New Brighton and had been advised it would be 18 months to 2 years , before the utilities and improvements could be installed in this area. He questione!,d th� feasibility of this suggestion. Mr. German said Mr. Farr had received a correnunication which mentior�e.d that FHA would , require two roads, one into the area and one out of the area. The Public 4dorks Director said he was not aware of the need for the two. roads. , Mr. Ertel advised the Council of the current status of the maintenance of the area and said he could not agree on any conditions wii;hout the vote of the residents of the ar°ea. Fle said,he thought the people would go along with this provision. Councilman Starwalt mentioned that if this area is not developed the current home o�m ers of the area would be paying additional ex�enses for the :neration of the recreational building. Mr. Ertel said there can be some give and take and all of the matters could be taken care of. He said the Association will consider the access• if they are not put over', a barrel. F1ayor !yen asked if 7t is on an economical basis that the Association predicated thi$ deve1opment. Mr. Ertel said the Association first throught that there were to have' been 280 units and now the plan calls for 160. Ne said the on�ly place this may cau$e a problein in in the recreational building. The City Manager asked if the City should be deviating frorn its existing policy regard- less of the plan. He said the development of this area called for all private roads. He explained if the Council decides the area must be developed and they have some public roads, there are some areas the City should be concerned with. He meni:ioned' that the number of units had been recently reduced from 200 to 160 and they approved of this plan bec��ase of the reduction in densit.y. He said after this, the Farr people came back and said there had to be one access and no:•r they are requiring t�NO, accesses. He again qtsestianed if the Cou++cil wauld really �rant to deviate from the policy or would they want to continue to have the private roads maintained by the ' Association. He mentioned if this �is done in the Innsbruck area, they may receive' pressure from other areas to do the samF. Mr. German said Ffi.� had given preliminary plat appi°oval with the stipul-ation that two accesses be provided. , The City F,ttcrney asked if FHA would allo��? the sale of the d�vellings with the ' stipulation that th�e people have to contr�ibute to�ihe Association and the recreational building. Mr. German said 1=HA will permit this. • Mr. Nici< Garaffa said M�r. F�rr would have th� proxy vote on mar�y parcels of properi:y in the area in the (lssociatic�; because they are not sold. Mayoi° Nee asked Mr. Ertel if the titles of the residents of the area are involved ' in the prer.r�nt lii:igatior;. Mr. Ertel said the titles are clouded by this. He saiii it is his uncerstanding thai; all of �he�lots in the area have leins against ti�Fm but the amount a�ould vary. Mayor Nee asked if this current proposal would tend to salvage Farr. Mr. Ertel said ihe procedui�e ivould be smoother if the proposal were, executed. ' Mr. Lee Anderson, Darrel Earr Corporation, addressed the Council and indicuted that the language in the letter recently received from FHA is nebulous. He said they had requested "adequate and safe access..". Ne said this is what the conceptual ' approvalof th� plat was based on . He said he had talked to Darrel Farr that , afternoon and Mr. Farr agreed to bring the streets up to standard and he is willing to pay for.this. Ne said he ��ould also agree to pat in some curving of some type to slcw down the cars driving into the street. Nlayor Mee said he was more concerned' about the base o+` the roadway than the surface. Mayor Nee asked Mr. Anderson if ', he was aware that two access.routes would be requested last week. Mr. Anderson said the letter did not come to the office until Saturday.. The City P4anager questioned the possible entrance into New Brighton. P1r. Anderson said this would be at.a co5t of about $50,000. Mayor Nee suggested that they think of another way of getting out of the area b'esides Meister Road. He said this is a substantial difference in grade. � �' 44 � . . . -; REGULAR COUNCIL MEETIN6 OF AUGUST 4, 1975 PAGE 1'? � - , �, �� Meyor Nee said he would like to work this proposal out and preferrably on West Danube Road. The City Attorney asked w`y the development can t obtain financing from first Federal when they presently hold the mortgage on the property. He questioned what they would do with property if they received ownership by fnre- closure. Mr. Anderson said Darrel Farr had tried this and there was no money available. Coun�ilman Breider again suggested that the City staff, people from Darrel Farr and representatives from FHA get together and figure out this problem. He said he could not decide what they could tell the people from the home owners Association without more information. Mayor Nee asked if this item could be brought back at the coming meeting. The Ci*y Manager said he would try. Mayor Nee said he would like a progress report at the �ugust 11, 1975 meeting. CONSIDERATION OF APPROVAL OF AGR OF FRiDLEY FOR USE OF BUILDING A tabled earlier in the evening BETWEEN BRYANT-FRP,NKLIN CORPOP.ATION AND CITY MAIN STREET ' E.: Note: This item was �SOTION by Councilman Breider to take the consideration of the agreement between Bryant-.Franklin Corporation and the City of Fridley from table. Seconded by Council- man Starwalt. Upon a vo�ice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. Councilman Breider said he would like Mr. Brama to tell him a little bit about their operation especially since the sale from the Omaha Tornado by Banks. Hementioned that he had received calls> one after another for two days concerning the lack of organization to the parking situation. Councilman Breider said �?t ��ou�'' not have taken too much effort on the owners part to take care of appropriate parking and direction of it. He said he was concerned that this,kind_of operation would cause the same situation. He said this would have been better with a little traffic control or even directional signs. � • Mr. Dick 6rama, Bryant-Franklin Corporation> addressed the Council and said the cars were to f�ave used the office parking space of the buildings on 79th and Main. He explained that there a�ere 1,000 cars in the area before 8:00 waiting for the sale to open. He said with a stead,y sale, there would not be this much traffic. Mr. Brama explained that one of the lots to be used for parking was empty while people parked on the streets. He said he had talked to Mr. Banks concerning this situation, but this ��as after the traffic has reduced some. He said being this sale was nn weekda.ys, the people did take ;�arking that would have been used by the other residents of the �.rea. Mr. arama pointed out the current request to be for Saturday and Sunday and said this problem would not exist. Mr. Brama said he i!id nct believe they would be coming back to the Council requesting additional.parking in the future. Councilman Breider said he did not believe the agreement would be executedunless the parking is taken care of. Councilman �reider said if they are going to expand, this would have to be done on an orderly fashion. Mr. 6rama said their request is limited at the present time. He thanked the Counicl ` for their consideration at the previous request for a sirnilar opera.tion and conceptual ap�roval.� Fle explained that in that instance the plans did not materialize and this may also be the case in this consideration. He explained that two coinpanies are ' considering usinq the building and he mentioned May Brothers and a large electronic firm. He said if the first phase is instituted, the operation may not g°t any farther than phase I. Mayor Nee asked if there is currently any occupancy at all and Mr. Brama said no. Ne said not in either building. Councilman Starwalt asked how this would compare with the Flea Market operation in 1lpache. Mr.,Brama explained the only resemblence would be in the booths. He said they are construction people and would use the highest quality materials and have wider isles. Mayor Nee asked if there would be any warehousing in this facility. Mr. Erama said i;he people who sell on the weekends would leave their wares in place during the.week. The City Manager said in the agreement they would provide off street parking to accomodate their people and there ��rould be no on street parking. Ne said if additional parkiny is needed, this would be increased by the pro�erty owners. He said directional 0 _ , _ __ _ __ . . , . • �5; i � � ST 4 1975 PAGE l�l , � REGULAR COUNCIL MEETING OF AUGU , . , signals would be installed and if needed, persons used to direct the traffic. He said'' there will not be more than lOfl booths.�mless_the applicants come back for City Gounci'1 approval. Ne said it isalso stipulated that this wil] only be a weekend operation , with no sa�es on week days. The City.Manager also stated that the ap{�licant will ob;;ain a building permit from the City to insure the ins�allation of the proper fire requirements. He also mentioned that the proper landscaping and general appearance , of the building will be taken care of. , MOTION by Councilman Breider to execute the agreement between the City of Fridley ' and Bryant-Franklin Corporation. Seconded by Councilman Starwalt. Upon a voice vote, all veting aye, Mayor Nce declared the rootion carried unanimously. ADJOURNMENT: ' M07ION by Councilman Breider to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously and the Regular f"aeting of the Fridley City Council of August 4, 1975 adjourned at 1:01 A.M. ' C��-= �-- Pat Ranstrom William J. Nee , Secretary to the City Council Mayor Date Adopted. 0 _ . _ . _.. . . . . . . . . . ._ . _ .__ .. . . . .. . i t E � t i � p, j, y - t . � � � � � � � � 1�`. .7 r��, �� C r i��.� ,� � � �� ' . - � ��, � �, . � � � � �# � � �,�� I' � �# �1�� ' �' I � �� {.< � ` �-t �iil .� � � + }I . . s`{ � f � .' _ ` � � � y ' . -. . . . . : `I � �" �� E � 7 - 3 f � I � � F � . , t . � . � . . ,� s �3 . � � , } W � , , # 7 i . t . . .. . . . i ., � - . � . . . . . . � l. , ., .. . . .. . . . . .. .. .... , i� � � ,. a I �` I. i � . . #` _ i �. , . , � , s i , . ;, , r ; �. — � � � � „f i " � � � � � � � � ��„�u � i..: ; a = , .: � ;, . � - } i � ;�t �'i i � I _ � . i` , t� 4 ' , , - � �� I � t . � Y � ' " , , � "; i "� i "� � , � � �� #' �- � �: � Ij � �.. � ; � ��y , . �I II I I 1 �� i I } g ��i� �. { I � t n k � �_ .� i 1` ' I � I � �y � ! § ? � _ } ;,* $ . �!,�� K �� S, � � � �i � p� i� �� ii � I # a �� P � � i �r' 1 � . z. . `� , � �[ ' � , �� `� f � � � . � ; � � �� i s� � , ; � �� : :�� . � � ;� � � ��; � � , x' �, � � � r' � , � � ; � � , , t r � � a �.. ��..I �� . � , �r. , �� r � . �� -, �. � � �� r P ��.` � � �, r i ��, I �E � � f k' � f " � � r �; �' i ' *� ' r` ' f i I f. f j,� l�' a�k fl u- f� I � � . � 'i� f I F� �� 1 �� A�; � �,� 4`. Y� ,. � I� f;� �p� I E � 4. 4 °. . r . .��. . . i �" � . " ��..��I I r '7� i =� �'` ,� y �� .... ' � j�{� �� i'l �� 1 � � � � sIM��. 4��i't �� 4�', TR� W�� /iL .1 �+{�Y�L� �![-�� ..�; � � .�� , 4�_ � . 'r�:�r� X ,� � , . � ... . . . . 3� I � r I' � � � t..1�1 � ti.� g �i � '� :�� i'�. . . , ,� _. i n_. � � V . ll ;I �� r i �• i , �„� ;+�+ �_ ; � �•`� � • � ' � 1'��`z ' � � � �� $ � � j � � , c' - I . � � �� 1 . - f � , 1 � � �� " � � � �� ' ; � � � ��.: �� . f`' �' �'� � � ?�:!� � �� r �� ,• � Y � a � b �I tr , f `� • � �� ; t a F . � � , ��. t� . . t M ' t 4 � I k `I 4 f � � � t . � I � � I f i � � � IjI . . f ' � � � '� � ... . � �.�: I � � �. +� I ' 'LY � �� I � . . .. . . � '. I'. � � ' '� df . . .. � � �. .. . . . ' Fi � Ijj I • � , . I II I � . � . � � i� � �� I A G �I ' � � i t • �. : � � ��w � � � �� , t� � ` f, }� �° , s i, . , r�. . , . . . . . i � . . , _ _ . . . . _ . . . . . . . . �_.� � �! Y � aI ` ; • ; i� � � � � �� a , �'. ' � � � ' . _ _ s � � � �.. 1 � � � , f ,t - - t i , %'t.�� Y , � . . . . a. (�I� . '.�::. . � _ . . I . . . . , . r:. . � . . .. . . I { . . . . . � _ . . ._ . d .. . . . - �� . � � . . (. 3� � } I, .. �, � ;�=. E ,: ; y � Cl, �. r � x- �:�' � I, � ;' �� :� � ; �� ,, � i i � � , �j �� • � I r f } ��,_ � � �' ��rt ° � � '� �� I i � i � � j s �� i . , � . . I' ii � �� '" �;_ � ��„, � �� 1� � . ��i �5 �r;r, I 4 k r� i::' �' � � � ,y �� . i ��E. � G �� 3: � }��.� , � � � � � � � � # � � � � . � �� t �"� . � �;; , � i � � � :3$xe. , , . . , >, � �, �. �� - � � � � ; , _ ,� , �. �_ � . . :_ : - � , . �— � , , ., . . , . ... . , � E ',- �� . �-.�, : � :; � i �';�:. 4 �i � a � z �t � § . F<y Y a � F �: , � x '2 �4 . .. _ .s �� .� � ' � ' � � L� 4 fi � . � . ' � � � L� , � , ' ' THE MINUTES OF THE PUBLIC HEARIIVG MEETING OF THE FRIDLEY CITY COUfIC1L OF AUGUST 11, 1975 The Public Hearing Meeting of the Fridley City Council of August 11, 1975 was called to order by Mayor Nee at 7:32 P:M. , PLEQGE OF ALLEGIANCE: Mayo�° Nee welcomed those present at the meeting and invited them to join the Council is saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Councilman fitzpatrick, and Mayor Nee. None. Mayor Nee said he would like to add the considerati„n of actior� concerning Project , #114 and A. J. Chromy Company, the contractor. , Mrs. Lee Ann Sporre, 301 Irenton St. N. E., asked if it �vould be possible to add the ' consideration of issuing a permit for a neighborhood party in Ruth Circle Park. . MOTION by Councilwoman Y.ukowski to adopt the agenda with the aforementioned additions. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee , declared the motion carried unanimously. PUBLIC EIFARINGS: . ' PUBLTC HEARIPlG ON PROPOSED FINAL ASSESSMENT ROLL FOP. WATER, SANITARY SEWER AND STORM ' SEWEZ IMPROVEMENT PROJFCT TJO. 116:- ' The Public Works Director pointed out the location of the area as being the Great , Norihern Industrial Plat, south of I#694 a.nd east of Fast River Road. He saidtfie improvements are on 53rd and L��dustrial Qoulevard and they ��rere all reGuested. The , Publie Works Directc�r said Qurlington Northern is the only property owner in the area that will be liable for the assessments. He referred the Council's attention to page 1-B of the agenda where it is noted that they will be l�iable for the assess- ment. The Public Works Director said the final roll ap�eared on page 1 cf the agenda in form of the original roll and the alternate roll. He read the costs , for the orig�inal roll as follows: water lateral, $9.77_ ;!er foot, one avater service at $324.21, sewer lateral at ��11.55 per foot and the seN:�r service at $38�3.52. He , further mentioned the cost tor the storm sewer will be $/.39 per 100 square feet of '' area. . Mr. Mervin Herrmann, Assessor9 mentioned that some of the lots i�i the area have been sold but these assessments will �-e paid by Burlington Nori.hern. Mr. Herrmann said due to the large size of the lots within this imurovement, the assessments in this roll have been figured similar to the manner that lots inAuditor's Suboivisions are figur�d. He furth�r explained thai 150 feet of the side portion of the property , is not assessed to eq��alize the frort portion of the prcperty. The Finance Director, said this•assessmeni was figured similar to what a 4C acre tract would be. , The Pub''ic W�rks Director said there was a representative of 6urlington Noi•thern present at the meeting. Mr. John Heron, Qurlington Northern, addressed the Council , and said [3urlington Northem had asked that the assessmeits be spread in this manner ', because of i:he size of the lots ar�d also the question of whether they would be sold.' He said this would als,o make it possible for someone to receive service on the back ', �ar�e,lsif they are divided in the future. He said he felt this would be a ror�,; ' reasonab7e way io figur-e the assessments. Mayor Nee asked if the manner ir which the assessments were spread v�ould be a defenseful deviation in his inind, assuming the new owner t,rould be assessed. Mr. 6runsell, Finance Director said the•lots are larqe tracts of property comparing them' to normal builcling sitES. lie said these lots are between a sma11 lot and large tracts of ground and this could have'been done'either way. Mayor Nee said the petitioner prefers the original roll and the Assessor said yes. ' The Assessor said he felt this was the most logical wa,y to figure the assessments. Mayor• Nee said �f,ther.e.at�e no other comments, There was ro respcnse. it would be in order to close the hearing. PUBLIC HEARINf MEETIP�G OF AUGUST 11, 1975 PA6E 2 �� MOTION by Councilman Breider to close the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor iJee declared the motion carried unanimously. PUBLIC HEARING ON VACATION REQUEST BY L. BENSER, SAV #75-04, ALLEY IN BLOCK 4, SPRING �BROOK PARK ADDITION: The Public Works Director explained the location of the property concerned with the vacation as listed in the heading. He said this.is generally north of 79th and east of Ashton Letween Ashton and the railroad tracks. The public Works Director informed the Council that the Planning Commission had recommended denial of the request at their June 5, 1975 meeting. Ne pointed out this section of their minutes to be on page 2-E of the agenda. He further explained that two petitions had been presented to the Planning Comnission, one in favor of the vacation and the other opposing and said these petitions were submitted to the Council within the agenda. The Public Works Director introduced Mr. Craig Mertz, Attorney for the group of residents favoring the vacation of the alley. Mr. Mertz addressed the Council and indicated he represented seven property owners and Mr. Leonard Benser, who had applied for the vacation of the alley. Mr. Mertz explained the background for the request by sayino Mr. Benser had located a fence in the a11ey right of way and he had been advised by the City staff to either remove the fence from the right of way or request that•the City Council vacate the alley easement. Mr. Mertz said the alley has really.never been used for ingress and egress and it is now sodded and used as back yards and has been for over 50 years. .Mr. Mertz circulated colored pictures of the alley area to the Council. Mr. Mertz continued to corrment that as Mr. Sobiech had said at the Public Elearing of the Planning Commission held in June, three property c��aners said they opposed the vacation of the alley because they wish to use the alley to drive their recreational vehicles into the alley and to their back yards. Mr. Mertz said according to the plat of the a�°°a, there is alley right of way, but to allow recreational vehicles to use the alley would be a drastic change in ti�e land use. _ He said the City Co�mcil should consider very carefully how the use of the,ti°ecreational vehicles will affect the alley. Mr. Mertz presented a petition signed by eight property owners in the area favoring the vacation. He explained that this ��as from a total of 15 property owners. , He mentionedtr�at it was listeel �in the Planning Commissionminutes that there were a total of 17 property owners and he believed this to be erronious. Mr. Mertz said cross checking the numbe�° favoring and opposing, he had determined that only four people opposed the alley vacation. Mr. Mertz said he vrould like to briefly list the reasons that the alley should be vacated and continued to state that the alley easement had been there for 50 years and had never been used for an alley and he saicf the use of the recreational vehicles ti�ould be a change in the status quo. He said to permit traffic in the alley would be a danger to the children in the neighborhood. He said the residents have enough pro!�lems keeping the children out of the traffic in the front of their property. He questioned if it�aould be feasible to watci; the children on two sides of the property. Mr. Mertz presenied the Council with onother set of pictures indicating the children's play equipment in the back of the homes in the immediate. vicinity of the alley easement. He said the play ground equipment attracts children. Mr. Mertz continued to list thc reasons and said the people of the area feel to open the alley +:o traffic would draw sno�mrobiles and motor cycles at ail times of the day and night. P�1r. I�iertz referred to one of the properties abuti:ing the alley easeinent �. and said this is a parl:ing lot to the apartment builciing. He said if the alley is open to theparking lot, this wotald increase the traffic in the area. Hea1so mentioned that if the alley isopen for traffic, there v,�ill be problems with snow removal.and if the modern equipment is used, it could not tui�n around without the installation of , a cul de sac and a.cquisition of additiona1 easement. Mr. f�iertz stated another reason • for not opening the alley to be that there would be increased vandalism in the unlighted area. �He presented a picture of an apartment building to the.Council. He indicated that the painting on the building had been done on the sireet side of the building and he questioned what would happen on the private �ack side of the building if access was increased. Mr. Mertz said the people of the area feel that if the alley is open to vehicular traffic that the City Council wil] petition for the improvement of the alley. He said he felt it would be danger•ous to open the alley for traffic and he asked that the alley not be improved at this time. Mr. Mertz made mention of the danger of one of the large type recreational vehicles traveling down the alley an d the possibility of it hitting a child. He stated that a vehicle would have to travel between two imaginary lines. Mr. Mertz asked that �_, the City Council in making their decision weigh �he safety of the children of the . area against the concern to drive the recreational vehicles down the alley. He said , � 48 . . . Pi1BLIC HEARING MEETIPIG Of AUGUST 11, 1975 �I � , � I, I i , I! i � I i �� _ ' � � , , ' j . I � I . 'I, �I ' �. � � u r ��`i PAGE 3 the people he represents say that the children of the area are the prime interest. Mayor Nee asked F;o� many parcels are involved. Mr. Mertz answered there are'15 � parcels. He mentioned that 8 of the 15 are in favor of vacating the alley and this is a simple majority. He said they are only talking about four parties in favor of opening the alley. Mayor Nee asked if anyone would like to speak in opposition to the vacation Mrs. I�azel Paulson, 131 79th Way N. E., addressed the Council and said she had lived in the area for fifteen years and the alley had never been open or closed. She ., mentioned the only snowmobiling is done by twe of the people that are in favor of the vacation. She also men�:ion.ed that no one owns a very large recreational vehicle. Mrs. Paulson said if there are fences on the alley easement, it is impossible for the , people of the area to get into th�ir back yards, they wou'd have to be moved off the easEment by the six feet. Mrs. Delores Pett, 176 Longfellow said whe is opposed to the vacation of the alley. She said their family owned a camper trailer. She said since the fences had beer� constructed, they had no access to their back yards. Mrs. Pett also commented that all,. ofthe children of ihe area play in ti�e front yards, ;,ever in the back. She referred to the si:atement concerning the area of the a.partment building and vandalism and said , there is a huge spot light that �s lit at all times. � Mr. Robert Welch, 144 Longfellow, said if everyone would fence in the back yard, the , children of.the area would 'oe forced to use the railroad right of way for access. , He a1so mentioned he is planning on building a two car garage in the back of his prope�ty which woulil require access from tlie a11ey easement. Mayor Nee asked Mr. Welch if he was to build this garage in the future, would there be any_way that he , could.gain access from the front and Mr: Welch said no. Mr. Leo�ard Benser, l54 Longfellow, said he �vas sure that there wouid be some ', way that the people could gain access from the front. Mrs. Pett questioned how this would be possible. She said sy�cpaid taxes to the City anci she did not want to be deprived of the alley access io her back yard. She said she would not ; appreciate having people dr�ve over her yard and she questicn�d why if there is easement should they be forced to vacai:e it and drive on the abutting property owners . yard. � Mr. Welch quest�ioned if there should be a buffes� zone �etv�een ihe residential and ' the corranercial or industrual property in the area. He mentioned this would be desirable if they ever wanted to sell the property. Mr. hleri:z m�ntioried if it is inco mlenient not to have access, the petitioners are , willing to be reasonaLTe abou� the matter. He su�gested f.f�at the people iasing the vehicles could yive �-.ritten notice indicatin, the e>:Uct time, access and p;ovide , flagmen to watch out for children. He said he felt they could come to some satisfactorysolution that everyone would 6enefit by. . , Mrs. Welch addressed the Council and indicated she believed that the matter had ' been blotvn out of prop�rtion. Nn°s. Welch said the recreational vel�icle� would be driven throu,h the alley tv�o times per year and rarked in the back yards to be storeci for the winter months. Mrs. t�lelch repeated the concern that they plar,ned , to build a double garage and �ould r.eed the access. She also mentioned that th� idea of the perniit system is questicnable ar:d she asked with change of owneiship ard conditions, would th2y be able to obtain such a permit in a year's time. Mr. Mertz , said that this provision could be included in a convenant on the �itle oi the affected properties. �4r. Welch asked who would pay for such a recording. Prr. Mertz , said �he people ��ho would benef�it by the action. t�iayor Nee asked for an epinion from the City Attorney. ' The City Attorney said he had furnished tne Council vrith a memo aho�t two ��eeks ago on this particular question of �-Jhat right or authority that the City Council has to vacate.such an easement. He said the point of ihe memo wasvrh�rc there are certain proE�erty owners that approve and some that oppose and this may devalue their property by denial, the C?ty can be held responsible for this devaluation. He said this is a form of reverse condemnation. He said there may be damage done or the property value may be lessened. The City Attorney said.in lookirig at the ', diagrain and list of people making comments, i1: is a matter of opinion whether the, property value would be reduced. He said if the property is vacated, the people , may claim that they have lost access which would make the property less usable , for a particular purpose. He said the peop'.e of the area would pick up six feet _ 4� y - ' PUBLIC HEARING MEETING OF AUGUST 11, 1975 PAGE � of add9tional property in the back which would enlarge the property: He said he could not say if the property would be reduced in value or not. The City Attorney said the City Council should keep in mind that if the value is reduced, the City might be obligated to make payment to the property owners. Mr. Mertz said he had talked with the County Assessors Office a•nd they had said that the value of the property would be increased if the alley is vacated. He mentioned he thought the City Attorney was giving the Council a very cautious opinion, but he . did not think that this problem existed in this area. Mr. Welch said he did riot want or need. the additional six feet of property and did not want to be forced ;t9 pay the additional taxes on it. Playor Nee said what the City Attorney had said is.that the property owners opposing the vacation could sue the City for decreasiny the value of the property. Mayor Nee said the City has a number of statuses of alleys. He s�,idif this is an improved alley, it would involve City maintenance. He added, some people use the alleys unimproved and some only have one half of an alley. He said there is a whole range of different options. He said he did not think the City has ever vacated an alley that someone is. using. He said as far as a precedent, when �.�ple do not have a single mind on the proposal, or if some �eople are using the alley, maybe one half of tV�e alley could be vacated or something could be worked out. He said he was bothered by parts of-the dis- cussion and mentioned that the status quo of the alley is that it is currently a public thoroughfare. He-said when this argument is mentioned, the current status is that it is public right of way. Mr. Benser said he had put up a fence in the alley about two years ago and to his � knowledge, he had never seen anyone drive through the alley. Councilman Breider asked Mrs. Pett if she had brought her travel trailer through the alley and Mrs. Pett sa-id no. She said this is not possible since the installation of the fences in the alley easement. She mentioned that they are not allowed to store the recreational vehicles in the street and have to store thein in the;r driveways. Mr Pett said it is not permitted to store the vehicles in the front of the houses, they should be stored in the back ofthe property. Councilman Breider said they were not talking about the improvement of the alle�. Mrs. Pett �aid no, they did not want the alley improved. Councilman Breic�er asked if Mr. blelch had driven his vehicle in the alley. Mrs. Welch said it is not possible because of the installation of the two fences on the alley easernent. Mr. Welch informed the Cour.cil that the petitioner had threatened that if the alley is not vacated that the petitioners �vould petition for the improvement of the alley which �vould involve paving, assessr�ents, etc. Mr. Welch said those opposing the vacation of the alley did not want it improved, they t-rant it left just as it is at the pi°esent time. Mayor P�ee asked Mr. Benser if this is what really.had happened. Mr. Benser replied that this would be better than haviny the area torn up from the vehicles being towed back there. He asked vdho would r.�aintain the alley. He said if the alley is to be used, it would have to be improved. f�1rs. Pett asked how using the alley once per year would tear up the ground. Mrs. Pett said there is only ��ieeds in that area at the present time. Mayor Nee asked the Public bdorks Director which properties were opposing the vacation and vrhich a�ere favoring it. The Public Works Director pointed out the various properties on the block and listed the property o�,�ners and their opinions on the vacation. Mr. Mertz said he would protest any opinion offered by the City on Lots 31 and 32 since he had checked the ownership of the parcels and they had been listed in the County records as being the property� of the State of Minnesota. The Public Works Director said according to the City records, Henry hiuhich is the current property owner of this parcel. Son�c discussion followed concerning this parcel indicating the property h�,d recently changed ownership and a house had been moved onto the parcel. The Pubiic works Director said the house is currentiy for saie. The Public Works Director summed up the situation of the area saying ther•e was no compromise available since the pt,operty owners favoring the opposing are scattered through and on both sides of i:he block. The Public Works Director said if the alley is improved, it would be a dead end alley unless easements were acquired fror� the property owners for a turn around. ' ' Councilman �itzpatrick said the City Attorney had talked about the property values and �_, he questioned the assessment procedure. The City i',ttorney explained that the vacation ' I' of the.alley would be sort of a reverse condemnation Uy the City Council. He said • . __ � � � � � � � , i � t , � 5� PUQLIC HEARING MEETING OF AUGUST 11, 1975 PAGE 5 the City would be subject to suit for damages in the amount of the change in the value of the property. Councilman Fitzpatrick said the value depends on the one who is' using the area. Ne added, some feel that it wauld be detrimental to vacate and some feel it wou]d be detrimental.to not vacate it. He said it is going to be very difficult , to arrive a, conclusion on this type of matter. The City Attorney said this would depend on what the Judge or jury would determine. • The City Attorney said the Counsel for the petitioner has said that something coultl �e worked out to suit everyone. He said perhaps, all should sit down and work out, a private agreement which would limit the access. He questicned if the two groups'. could reach agreement. • � Mr. Welch said two people want the additional six feet of property to put gardens ' in the back yards and this would keep the remainde.r of the people from using the alley easem�nt• He indic;ated that it would be a violation of the law in putting up the fences on the alley easement. Mr. Mertz said the Planning Commission had granted' ihem an extended time to remove the fences. Mr. Mertz said the petiiioner would abide by any decision that the City Council makes. ', Mayor Nee said the City Council prefers ±o vacat alleys i�i the Cii;y. He said at the public hearing if all were in favor of the vucation, it would 6� vacated. He ', mentioned here, the Planning Coir�iission had unanimously voted to deny the vacai:ion'. He said this put the City Council in a bad spot righi; off•the bat. Ne mentioned thdt at the current meeting, 'rt was only a public hearing meeting and the Council does not take any action at the public hea�°ing. ' Councilwoman Kukowski asked P�1r. Welch if he could get iiis tent trailer in the back yard from the front. Mr. Welch said he;,�ould like to build a double garage in , the back and this would limit his access if the alley were vacated. ' Mayor Nee asked which lots had been fencetl through the �asement and the Public ' Works Director pointed them out on the map of the area. Mayor Nee said this is on' the Benser and Floer prgper•ty. , Councilman Breicier asked if the issue was that the•fences have to be removed before access to the alley is cbtainable and Mrs. Pett said yes. Councilman 6reider , asked Flr. Floer F101J long he had had his fience in the easemen�. 1�1r. Floer said he ', had the fence at the property line�for years and had just recently moved it back six feet. He said 'rie thought there may also be some shrubs in tfie alley easement. Mr;. Pett said the shrubs he v,as referring to t,�ere an her property and this was not in the alley easemerit. P1ayor Nee asker� Mr. Mertz if it would be possible to come to some compromise. P1r. Mertz responded that if those ep�7��sing the vucation of the alley appoint som�: � spokesman, he would be willing i:o talk to thcm. Mr. 4delch asked ii' this meant that they would ha��e to hire an attorney to talk to ' Mr. f�1ert<r. h9ayor Nee said n�. M�°. Welch said no�v� t!�e people ��lith fences in the easeireii�Y are in violation af tne law. Mr. Welch continueu to comment that he had told thein that they were iri violation of the iaw �vhen they 7nstalled the fen�ir�q on the easeme��t. hir. Mertz said th°y ��ere not irviolation since the Planning Commission , had recoizunended ar� c�xtensi�n unf.�1 Qctober 1, 1975 for the remova.l of the fencing. htayor �'ee said he woudl like to �ee some settlement in a neighborly way. He said � he f�ad riot tallc� �o any of th� �ther me,nhers of the �ouncil to dete�°min� how the voi:e aroulci be mac�e. He suggeste� that an effort be made to reach some settlement and the ma�:ter wauld come bac{: tb the Council the follo�;ing Monday evening for a decision. He suid the Gity Coucrhil would like i;o know if there is any adjudicatioi�. � on the rnatter. F : Mr. i�fertz sai d he �4ou1 d try i:o w�rk out some agreesnent before the cor,�ing Monday. ti Mayor Nee said he tvould not wantlthe Council to make a cho�ice betwcen neighbors. ,' � He mentioned they all had frien�l$ on both sides of the issue. MOTION by Councilman Fitzpatrick�,to close the Public Hearing. Seconded by Council- woman Kukowski. Upon a voice vo�e, all voting aye, P4ayor '�:ee declared the motion ' � carried unanimously and the publ�c hearing closed at 8:29 P.M. � PU3LIC HEARiP�G REQUEST BY M. MCF�RL�IND SAV #7{i-Qf, 98 64TH WAY N. E.: �{ I'�\ The Public Works Director pointeQ�1 out the location of the r•roperty in question and t e � ' expla.inec7 that the Planning Conm issio n had recommende d approva l o f t he request at , . r�' their meetin7 of June 25. The P�blic Works Director indicated that it would be �` s: . �.—� PUBLIC HEARIPdG MEETIN6 OF AUGUST 11, 1975 PAGE 6 �i necessary to include the stipulation that the drainage and utility easement be retained. He mentioned that there was no objection to the vacation and in fact any comments made were in favor of the vacation. Mr. James Langenfeld, 79 632 Way N. E., addressed the Council and explained that he lived to the north of the property in question. I�e said he had tal!<ed to the neigh- bors of the area and there was no objections with the possible exception of one person who was not present at the meeting. Ne said the vacation of the easement would tie in the area with uniform landscaping, etc. He mentioned that currently the area is being used for the dumping of garbage and being,filled with trash. He felt the yacation of the alley would enhance the area. Councilman Fitzpatrick said no one had appeared aaain�t the vacation atthe Plannirag Commission meeting or at theCity Council Public Hearing. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at f3:33 P.M. OLD 6USINES�: CONSIDERATION OF POLLING PLACE FOR WARD 3, PREC�NCT 3, (FROM MEETING OF AUGUST 4, 1975) Councilman Fitzpatrick said he felt the location suggested (ldesleyan Church, 5300 6th Street N. E.) was a-better location than Wickes. Councilman Fitzpatrick questioned the changing of a polling place. one month before an election and asked if the voters of the area would be notified. The Finance Qirector said he was currently not famil7ar with the requirements and this may be mandatory. Councilman Breider questioned how many people this would involve and the Finance Director indicated that this would be about 1,Q00 people in this precinct. Mayor Nee estimated the cost for such a mailing to be in the area of $100. Councilman B1°eider said he felt the people should be notified. Councilman Fitzpatrick said.the only p�°oblem would be if only the registered voters should be notified. He mentioned that it is now possible to register at the polling place on election day., Councilman F�itzpatrick questioned if there had been some determination made on whether the polling place can be located outside of the precinct. The City Attorney answered it can be up to 500 feet out of the precinct., Councilman Fitzpatrick said at the present time he could not come up with a better solution than the one proposed. He said the problem is that there is no public bt!ilding in the precinct and this is a problem that had been faced all of the time. He said since a better solution cannot be worked out for the present election, he felt the Council should approve this location. Councilman Starwalt questioned if the Church would be used for the primary and anothet° for the general election. The Finance Director mentioned that the election would be kept at the same loca.tian for both elections: Councilwoman Kukowski asked if it weu?d be possible to send a letter of thanks to Reserve Supply for the use of the facilities for the past elections. Mayor Nee questioned if the City ha.d paid for the space in the building of Reserve Supply. The Finance Director said this was not a matter of payment, they had said they did rrbt pay directiy for the use of the facilities, they had just contrit�uted to the janitorial costs to clean up the area afier the elections. MOTION bY Counciln�an Fitzpatrick to approve the location of the polling place for Ward TII�, Prccinc.t III at I�'eslr�yan Church, 53C0 6th Street N. [. Seconded by Council��ron�an K.�akowski. Upon a voice vote, all �roting aye, P1ayor Nee declared the motion carried unanimously. MOTION by Councilman fitzpatrick to instruct the Administration to mail notice of the new polling place to the residents of 47ard 3, Prec,inct 3. Seconaec{ by Councilwoman Kukovaski. Upon a voice vo�;e, all voting aye> Mayor Nee declared the motion carried unar�imously. Mr. Nick Garaffa asi:ed if a letter of thanks could be sent to the 4lesleyan Church for approval of Lhe use of their facilities. • Mayor Nee instruci:ed the Cii:y Manager to write letters of thanks to Wesleyan Church and also Reserve Supply. , . ' NE4! QUSIKESS: � � � � _ __ _ 0 5, 2 � � � � > � , � � � REGULAR COUNCIL MEETING OF AUGUST ,hl, 1975 �IDERATION OF REQUEST FOR N'�ONI PAGE _� S FOR INSULATTNG FIVE HOMES IN ERIDLEY: Mr. Raymond Creegan, Anoka County Council of Economic Opportunity, addressed the ' Council and explained that the pr gram had received some funding and would have to , have the.manpo��er supplied and thi',s manpower would be provided by the County. He explained that the program would be conducted in five cities in the County ar' he asked that the City of Fridley corltribute a share of $850 for the program to ,e conducted. He said this amouni: wquld be put to the cost of the acquisition of materials. Mr. Creegan said they',were using the figure of $170 for cost of labor it� the average home and this tvo��lcar�sist of mostly repair work in winterizing: He continued to explain that the cos� of materials will range approximately in the area of $120 and this would bring the �ost for the average home to $290. The City Manager questioned what i:he $850 fram the',City be applied to. Mr. Creegan commented that this would increase the chances o� someone in the City of Fridley receiving help. The City Manager asked if the Cit,� of fridley does not contribute, does this mean that no one in the City of Fridley would receive this aid in insulation. Mr. Creegan said no. He said this program H�o ld be run on a first come and firs� serve basis to the senior citizens and low income fa�iilies. .He explained the systcm where they would like to insulate five homes in th� City of Fridley. Mayor Nee said his problem with t�e proposal is that the money would be contributed', from tax dn1lars and the program �rould not be helping everyor.e in the City. Mr. Creegan said he had also thought bf this question and ar�swered that this program was recormiended for use of the se�ior citizens and if no one would apply for the program, the money would be turnzd back to the'City. The City Attorney ouestioned if aj�y opinion had been sought from the Attorney General concerning the use of tax money oh this basis. Mr. Creegan said he had not talked to the Attorney General. The Cit� Attorney questioned if it �•rould be possible to use tax money to make private impr°ove ents on private property. The City Attorney ment'ioned that�if anyone in the future woul'd want private improvement;, the City Council woul',d have a hard time drawiny the linej. , Councilman Fitzpatrick asked if i:�here were ma��ching funds involved and Mr. Creegan' said no. Councilma.n Fitzpatrick i;expressed the view that i:he matter sl�ould be checkeJ into to determine if thisi would be a legal operation. Councili��an f3rei8er �uestioned tl� '' leuter received by hir. Creegan a�d asked if ' � . contributions a:ould be requeste as mentioned in the letter. P4r. Creegan explained that the senior citizens woulcl b able to pay partially or fully the costs for sueh work. � ' � � ' , � � Councilman Breider asked how the mean vaould be established or criteria for those who are e�liyible. Mr. Creegan ,a�id the program would be established by econom�ic � means arid tlie low income senior itizen �-rould be ine�olved. Councilman Star��sa1t questict.ed tl�e �ossibilit.y of som� type of awareness program and said this rriay be mor°e ��aortn�4�i ile than i��e pi°opcsed pr�ogran� in the long range. Mr. Creegan sa�id he ti•�isheci h� cca ld do both kinds of progi°a.r},ny. Councilman Star�ialt asked hoG�,� th program would b� publicized to allow ihe peonle to I:now it is available. Pir. Cr egan said there has noi; been any notificatioi� to this time, but he would be putti�g noticein the various newspapers in the County. Councilwoman Kukovrsk�i asked hol�� he $170 figure was arriv�ed at. She said that her, homc had t"EC�{li:7y heen insu1�=.*ed'� anci she did no� feel tl�at this would caver the cost of the ins��lation of �tF�e at�tic. Mr. Creegay� said �he program would oniy cove�'r minor- repair work. ', ' tdayor Nee again mentioned he wou7d have some problem in approving tax money for home•imnrove�nents. Mr. Creegan ''isa�d he would contacL the Attorney General on this r,!aestio�-,. � ', Councilwoman Ku{:ovrski asked if a'�,n energy seminar vaould be more valuable at this time Mr. Creegan said at the present',time, he did not have any informatior, to provide �he Council on this t:ype of prugram.' � Mr. Creegar sugyested that the Council not nial:e a clecision on the proposal until tihe coming week's meetin4 and he wo�lld contact the l�ttorney General. , � MOTION by Councilvroman Kuko��rskilto tahle the consideration of the request for the', insulation of five homes in the�City of Fridley !�ntil August 18, 1975. Seconded ' by Councilr,an Breider. Upon a oice vote> all'voting aye, h1ayor Nee declared the � ' filOt16i1 carried unanimously. , � , � f � s � f .E g +' « i ? s , t ; X � �.-�. �� PUBLIC HEARIN6 MEETING OF AUGUST 11, 1975 CONSIDERATION OF A PRIMARY ELFC7ION: PAGE 8 �ayor Nee mentioned that he had talked to Mr. Thiele and he had said he would with- draw from the election in the first l�ard. The City Attorney said the Council had received a letter on ttiis matter and he had determined according to hlinnesota State Statutes 205.03, Subdivision 2, it would not . be possil�le for him to withdraw at this time. He read the section and explained that the period of withdrawal has passed. MOTION by Councilwoman Kukowski to appr°ove the primary election in Ward III for September, 9, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor �ee declared the motion carried unanimously. MOTIO�J by Councilman Breider to approve the primary election in N!ard I. Seconded by C.ouncilman Starwalt. Upon a voice vote, Councili�ian Ereider votinn aye, Councilman Starwalt voting aye, Councilman Fitzpatrick abstaini��o., P1ayor Nee voting nay, and Council- woman Kukawski voting nay, Mayor Nee declared the MOTION FAILED. RECEIVING AFFIRMATIVE P,CTION POLICY FOR CITY OF FRIDLEY: The City Manager said he would like the Council to receive and review the policy before it is sent to �he State. Councilinan Stanvalt asked if the draft included the suggestions made by the State. The City Manaqer explained that there were some changes vdhich had been their suggestions and so:ne additions fl°om the staff. P�ayor Nee said he was iinpressed with the program and he may not be specifically sensative to it. Councilman Breider referred the Council's attention to the section on Grievance Procedure and said he was not sure that the City Council wants to be the review board in the Affirmative Action Program. He said it could come to the point that everyone in the office that did not like the procedure could be coming to the City Council and this should be taken care of by the City (�ianager. He said with the proposal, if the empioyee does not agree with tne City Managei•, they could come to the Council. The City P�1anager explained that this was not included in the program b�fore, it had be`n added so the Council would be able to be involved in the proaran� if they so desired. F� said there is not any strong feelir�g about this from the Administrative standpoint. He said thb type of matter could be revievred by the Administration and if further action is souyht, tiiis could be dqne through the State Human Rights Agency. Councilman Breider said it is his feelinct that this type of matter should be handled like union matters are handled �aith a professional negotiator or mediator. He said if there is a grievance, it should be judged by an outside force. 7he City P�1anager said if this portion of the program is not liked by the Councii, it could be ueleted. Councilman Lreider said he had soo�e comments about the selectian of the Affirniative Action Officer. He asked for a definition of the appointment of the Purchasing Agent to the position of Affirmative Action Officer. The City P�tana.g�r said there were three reasons for this decisian. The Cit,y F"anagcr explained that the City P�anager t��ould administer tl�e Rffiri��ative Action on Uel�a1f of the City. The City Planager further _ er,�lained that present'y all of this t,ype of work falls under the duties of the City hianager, He said the Purchasir�g /lgent is a man vaho is involv�.�i in all different departments and serves a17 the differ;�nt depar�n3ents and ite �is also involved in � obtaining quotes fcr equ�p;nent for the Cit:y. !ie explained that in the Affirmative Action Program, the City encourages those it de�ls with i:o also have an Affi�mative Action Program. fie said the Purcnasing Agent deals �vith all of the venders and contractors and has been quite reasonable in this area. The City Manager said if there is a need, he or the Administrative �ssistant would get involved in the process. Ne su_qgested that initially, the City appoint the Purchasing Agent the liffirmative Action Officer. The City Manager felt ihat they should try tf�e program in this manner and added, he felt it could work out with the aid of the City Manager and Administrative l�ssistant. The City Manager further er.plained that the Purchasing Flgend has had extensive experience in the ��ersonnel field along �•,ith the purchasinq and he again said this should be tried because af the Purchasing Agent's experience and training. The City Manager said h� hoped to use the City staff to their fullest potential and this is why he had i 54 � � � � � � � , � , PUBLIC NEARING MEETIP!G OF AUGUST 11, 19�5 PAGE 9 suggested that the Purchasing Agent alo�g with the Administrative Assistant work on the program. . ' Councilman Breider asked about the Purchasing Agents background and education. The City Manager said his job training.is tlirough experience rather than through educational background. The City Manager explained',that ±he Purchasing Agent had about 20 years experience in purchasing and personnel offices. He said he had workect for a private ' company and did the personnel work ther�. The City Manager said the point is really not critical, if he can't handle the prcgram, it can be given to someone else. ' ', Councilman areider said he had assumed that the Administrative Assistart would be in charge of the program. He said he felt the Ad�inistrative Assistant would be more qualified and this would give the City more prote�tion. He saicithi°ough the Administrative Assistant all departments would be involved. He �sked who would do the evaluating. ', Mayor Nee asked who is taking care of sy�ch duties at the present time. The City ' Manager said there are guideli��es that �4i11 be followed by all departments. He said the ', employee evaluation would sti11 be donejby theindividual's supervisor. The City Manayer said he !vas concerned �bout the vendor�. Councilma�i Bi°eider said he ' did not feel the vendo}° thing is a valiq expression of the loyi� being used. Council- man Breid2r said the City could see ho��',it gces and if anything•goes s��rcrig, the City , will chanye this. He said h,y the time �hat something goes �,�rong, it may be too late and ' the City will have problems with the Fluqian Rights Comraission. The City ManUger said he fel�; the Purchdsing Agent has training in add�itional areas ', than for the work that he is doing. He',stressed, he woilid like i;o use the staff to ' the fullest range oi= their potential. I�e felt they slio�;id not go in to the proqram ' �rithout a positive attitude. The City Manager said he wou1d be reviewing the Purchasing ', Agent's v,�ork on an Adminisf:rative levell He sa�d he would like to see the City do the .' best.possible job with the resources yiven to them. Ti�` City Manager meni:ioned that ', in the remarl; that �the City haci receivec� baci� from the State on the Program, it is , one of the h: ; � tfiey had ever seen dra��nj up. ' Councilm.n Qreider stateci the Program �s laid o�t s�aas a fine jot�. Hc. said he is � more concerned about tlie iinplementation�of it. He said h� is not sure what the Administrative Assistant. is beino paid or. He said i1e f��oughc a lit.Lie bread and butter would be desiynated to this rolel�rather Chan handl�ing t��hac "just comes up". He said he �ielt having someone w7th a P1�stcr•s de;? ee sFio!�ld be give�i the chai�ce to do this kind of program. ', � ' � � , , '' � The Ci ty hiana_r,er sai d he a�c�ul d 1 i ke to �s� nvcryone' s i,al en �s to the i'u11 esi.. Ne sai d he did not want the Adniinistra�ive Assi_t��r7�L to be doiny ciay b,y day fic�rrns and t°eport filithg He said he ��,�ou1d like to us� her tal;�nt a,�here it is m�st hel�fui and her basic resp- onsibility is to the City Pianager. �' Councilman 6reider said he felt th� proc�rain could be in:nl��mented by t�he Adn�iriistrative ' Assist�nt t:ncl i�he City hiana�er coordinat;ir�� the progran�. He saic he felt thc Administra-' tive /�SSUt,nt ixzsr.bre knovrledqe to �ieal With tl;e Department Head� tf,an the Purchasing Agent has gained exparience through ouying parts i�r the �ii;y. 7he City Manager said all I-�e is tryinq tlo sa;� is that tf,c Aiiministrative �ssistant I has tal e��cs anci he woul tl i i k� 1;o use heri i n thesc areas G��here she is mns�L sui ted and , not hav� her b��Red de�,vr. v:ith day to day+ tao;-k. Hesaid thcrc� «re �hout �e��er� diff�r�r�t ' forms that hav�> to be ��illed out urder Chis program. He sa�c� if tnere is a specific pi�oblc;n, the Purchasing l;geni can rely qn 17�r�resources. The City f�iar�ag�r said tfae � Purchasing Agei;t can consult with Lhe Adrr�inistrative �ssist?nt or the City P1ar�ager. Councilman l;reider again mentioned he tll,oughi that tnL Flciministrative Assistai�:t_�h�uld ', be the Officer ��ith the Pur,che.sing Agrn� her assistant. He said th� City Manager's Office has t��o secretaries and he saiu i�,e thouyht they s,�ould bc very capable in filling ', out the forms. I Councilman St�u�a�alt said he understood ��1,hat was being said and he agreed to this in most ' cases. Hesaid he'accepted the City Mana�,yer's o��inion ai�d judgement and assu:r�ed it was the best. Councilman Starwalt said he 4iould li�kc t!o ask the question ;n another �,�ay and said if ', Mr. Peter Herlofsky was stiil the AdminilsCrative Assistant, would the program be run in the saii�e manner. ! ' - ' I �.. \ PUQLIC HEARIfdG MEETING OF AUGUST il, 1475 PAGE 1C �J Mayor Nee said what is currently being discussed is the basic documentation of the program, not the memo from the City Manager concerning the implementation. Mayor Nee said it seemed that the City Manager did not want to tie up his Administrative Assistant on this kind,of thing. Mayor Nee asked if Mr. Peter Herlofsky were still with the City, who would be assigned the Officer. The City Manager said if he was here, he would have made the same decision. He said the City has many very qualified people. He mentioned if the City Manager's Office took on such duties, they would be another operating department and he doubted if this was the Council's desire. Councilman Starwalt asked if the Purchasing Agent that the City currently employed was not employed.by the City who would be apointed. The City P4anager explained that he would try to find someone with purchasing and personnel �xperience. He mentioned there are many people available that would meet this kind o� need and criteria. Councilman Starwalt said he did not feel the Council was in a position to say the Purchasirg Agent �•lill he in his ��osition forever. Councilman �reider asked Mr. Nick Garaffa if he had ever experienced this type of situation at Univac. Mr. Garaffa said this would always be two separate deparments. Mr. Scott said these two things would be separate in all busin2sses and cities of some size. Mr. Garaffa asked how much iimc th� Purchasing Agent wou1d have to spend on the Program. He asked if he had the time available. Mr. Garaffa said he frankly �did not think the Purchasing Agent could do the two jobs. Councilman areider said he felt the two jobs a�ere very much separate. He said he may be good at buying parts, but questioned if he would be good at the other program. The City t�anager said the Affirn��ative Action Officer would not do 100% of the work, there are three people involved. He said if the City Council wanted to change the names this could be done; but the w�rk would not change. He recalled when they were in ihe prccess of hiring the Admini�trative A�sistant they liad discussed that the persoi� in the position would not get in�o the supervisory role of the existing departi�,ents., Counrilman areider said he was not sure that this vras going to work. He asked the City h1anager who the Purcnasing Agent reports to ar�d the City hianager said to the City hianager. - M07ION by Councilman Stara�alt to receive the Affirmative Action °rogram. Seconded by Councilwoman Y.uko��;ski. Upon a voic� vote, all vating ay2, Mayor Nee declared the motion carried unanimously. Mr. Bill Sco�t. said the Fluman Resources Como�,ission �vould have so�neopinion about the Program. He said tl�eir role in this type of reviet�! is not clear. \ He said they vaere curreni.ly looking for sorne guidelines fran the Ci1:y Council on how they should oet involved. He mentioned ihe members of the Commission hud mentioned that they had not presented as much input as they would have liked to have on the Affirinative Action Pro<rain. I!e said the Conmission had rot beenzsked to revie�� the plan, but a copy of the Proposal had fallei� into their hands. Mr. Scott said the proposal doescc�m,r,ly �,�ith the letter of the la�v, but some imorovenlents could be made in the proyram itselt'. He said after he had discus�ed the proposal with the City �fanager, he felt that at this t7�r,e ;;;7e proposal shculd be p!.i'. throi.igh. Ne saici the Cen��nission would not want to atte�npt to dela,y the document. E1r, Scott said it is k�ell �ti�ritten, even if it just complies wii:f� the law. �1r. Scott said t.he least experienc�d person in the Hwr�an Riyhts Departm�nt ha� �°c�vie��red the Pi�o�ram. He ayain asked for some guildelines firom the City Council. Mr. Scott adtlressed the question of the apointmert of the Of�icer and said he thought the Offiicer should be at the higi�est po,sible level a��d this will keep the management in tu�5e. Mayor NeE� askee f"r. 5cott if he would like the proyrarr referred to his Commission. Mr, Scott said the Corrniission is prepared to review it, but they do not want �o hold it up any lonqer than it has been delayed at the present time. Fle said they were looking for some direction from the Council.- hia,�or Nee said hir. Scott had mentioned that the spirit of the Prograi�� was lacking and he asked ifi the Commission could put it ther°e. Mr. Sc,ott said he felt it could be included. I�e mentioned the language to be in compliance with the liw only and some proyrai��s say ti��e operation would not da business with a person at all if they do not have a program. He said there is no mention of different life styles such as the homosExual. {ie questioned what if this type of ___ _ _ � � l_J � ' � ' , , � i � L� � � , I � � , _ ,. _ . _._ - _ � _ _ : _ 56 �� • �,I . � , PUBLIC HEARING A1EETING OF.AUGUST 11, h975 . PAGE 11 , -- - � ', situation confronted the City, would ,Ht open.a pandora's box. He said the Commission ', review v�ould delay the adoption of thle program. •' Mayor Nee asked if the State v,ould com�nent.on this type of deficiency. Mr. Scott said ', tY�eir comment will be in compj?ance w6th the program. The City Manager said the , document is getting close to a final draft and hopefuTiy, they will approve it. � Councilwoman Kukowski asked if the prpposal could be sent to both the State and the . Human Resources Commission. The City',Manager said after it is adopted by the State ,� it would be very difficult to change.', ', Mr. Scott again asked for direction and said ho41 would the Council like the Commission I to act on matters. Councilrnan Breideil� said he felt the Human Resources Commission woul;d be a good group to review the prngramli. Mayor Nee said there is a conflict in the City ', Charter which states that the Commiss;ion advises the City Council, not the Administratibn Councilman Breider said the Corrunissioh could rev�ew the goa'.s and see if they are good '', goals. Councilrtan Fitzpatrick asked ��r. Scott if he would like the Program to progress'? Mr. Scott said there has already been,a great deal of piro crastination. He said the City does not have any type of program. M�4�. Scott said the Commission could live with the ', current proposal. He again mentioned that the Commission is prepared to comment. He said the people from the old group ofl,the Numan Relations Commiti;ee said they did not i get a chance o comr�ent and the netiv m�embers haci not time to gain a thorought under- , standing of the matter. ', ', Councilman Starwalt mentioned some co�npromise could be reached in that the Program ', could be sent to the State and copies'Ito the Commission for review and amencments for , the coming year. � � i Mr. Scott mentioned that some Commisslion members had received calls from City employees,. Ne said they were not trying to in�ringe on management and they did not want to hold ', up the adoption of the Program. He s id they would like to define some items. He said all of the secretaries in the Cilty employment ar°e female, there are no males. He mentioned many men are trained in 'service to do clerical work. He also mentioned , there are no female police officers a'nd questioned why all of the employees are in , tradi.tional roles. He said tfie Commi�ssion would like to get into the process; they feel left out. Mr. Scott said no on e represented the employees. He said since the ' recent seminars, th� Commission has clome to know the people from the State and also ', the people from the City and they ��iould like some guidance on their roles for the ', future. . I Mr. Garafi'a said he believed tnc;y sh He said the proposal meets the spiri started. He felt if mor�e sections a issuES are, the Con�nission could hoc� he thought they were putt�ing the hor Affirmative Action Program would say he felt the c��iteria to g�t a progra Mr. Scott said i.his is the ser.se of Mayor Nee said i;f�ie City Coui�c�1 is p City Charcer. ld be c�refiul to not over analyze the program. of the la�-a and the prc,yram is just getting added �vitf�iout reaily understa_nding what the � ovm the effectiveness of the Program. He said , before the. cart and the adoption of the ' he City is moving fort�ra��°d. Mr. Garaffa ;aid iniiiat�� ra.ther than ho1cl it �:p any longer. ,I e Corn:nissioii right f?u�d. ' }�ibited from clabbling in personnel matters by the Mayor t�lee said he was very ir��ressedll�y the Proa.°am. He mentloned maybe he i� no� , very discerning. �� - �, Mayor P�ee said i�e matter s:euld come'back io the Courcil the foilo4�ring week for , consideration of ti7� resolution of uc,optic�n so it ce�n be se:,t to the State. RESOLUTION fr0. 165-1475 - DIRECTIIvG 1�FIE PRFI'ARFtiTI�fl OF ASSESSt�iE�;i ROLL FOR_SANITARY , The Public Works Director explained t to rel ieve the Innsbruck fJo,°th To�rnhc whole area would b� assessed. The'P� wili pay one half and the other cost • said when the people come in to the F ii: does not cost them anythin�. The of agreeinent they have wii:h the devel � Councilman �reid�r asked wha the bil' the Froperty owner. hi0TI0"r' Uy Cour�cilman Breider to adop� 1 kukowski. Upon a voice vote, al°1 vo� i unanimously. ; __ ___ he improve�nent and the area to be in Old Central ' use and apa��tment area. D1ayor PJee asked if tf�e blic ldo�°ks Director explained that the developer ', s will come from the utility fund. Mayor Nee 'ublic Elearing, t:he Council will tell them that� ', City Pia.nager said this would depend on a�.hat type ,I oper. ' would be seni: to and the City Manager said tv ' : Resolution No. 165-1975. Seconded by Councilw�m�n :iny aye, t✓�ayor Nee declared the motion carried � �..—, PUBLIC HEARING MEETING OF AUGUST 11, 1975 PAGE 12 57 RESOLUTION N0. 166-1975 - DIRECTING THE PUELICATION Of HEARING P70TICE ON PRQPOSED . ASSESSMENT ROLL FOR SAP�ITARY SEWER AND STORM SE1lER IMPROVEMENT PROJECT N0. 113: ' MOTION b,y Councilman Starwalt to adopt Resolution ho. 166-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' RESOLUTION N0. 167-1975 - DIRECTIP�G PREPARATION Of FIN.AL ASSESSMEPti ROLL FOR IMPROVEMENT PROJECT 1975 SERUICE CONNECfIONS MOTION by Councilman E3reider to adopt Reso3ution No. 167-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor �4ee declared the motion carried unanimously. RESOLUiION N0. 168-1975 - DIREC7Ih'G iH[ PU(3LICATIO�� OF HFARING ON PROPOSED ASSESSMENT ROLL FOR 1975 SERVICE CO�dNEC�IONS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 163-1975. Seconded by Council- man 6reider. Upona voice vote, all voting aye, Mayor Nee declared the moi:ion carried unan-in�uusiy. RESOWTION tJO. 169-1975 - CONFIRP��ING ASSESSP1ENT FQR t�!ATER SANITARY SEUdER AND STORM . SEWER I^9�'�''.C�UEMENT f�ROJECT N0. 116: ' � MOTION by Councilman Starwalt to adopt Resolution No. 169-1975. Seconded by Council-' 4�oman Y.uko��ski. Upon a voice vote, a11 voting aye, F1ayor Nee declared the moticn carried unanimc�usly. PJSIDEfJ1TICN CQ�'�CERfdif�& PRQJECT #�114 Af;,D A. J. CHROi7Y CONSTRUCTIOfJ COPIPANY: The City Managei° explained that' the contractor is reluctant to ccmplete the impi°ovements for the projec*_. hi0TI0� b,y Councilman 13reider to aui:horize the Ad��inistration to neyotiate wit,i othei° contractors to co,��plete the work on Project #114. Secbnded by Council�;aoman Kukowski. Upon a voice vote, all voting aye, I�1�yor Nee declared the motion carried unanimously. ADJOUP.IdP�1E�dT: D10TION by Councilv.a;nan I<uko��ski to adjeurn the m��ecing. Seconded by Councilman Breider, Upon a voice vote, all votiny �.ye, I'^ayor Nee dec'ared th� motion c�rried unanimously and ihe Public i�earing Meetirg of the ("ridley City Council of August 11, 1975 adjaurned at 10:18 P.i��. ,.e;�`° ��.,,,^,.��P.%-yz.. � � tFz-�; � Pat Ranstr�om William a. fVee Secretary to the City Counci� Mayor • Date Adopted e 0 � a '� �+ s� � � e . #��. . } ;` p i - �. Y i r � tw � p � { f i . _ 5` '.i i I k �`' . � . � �.€� � }� � � .. � � Y I �. . � . s , � �, yS. � k .. �. � ` r ,'. . _ t' t �' I � �` � �, .= C .. . -� � � .� I ,G 1�1 � ��' � . �� § . i' � q e t { � � ,� _ . . ' I 4 �''� � � � . ' � I I � �� .f � . . . . . .. � � � . . . .. . . 4 . • . C�_t � Y-, � � . . 1 . , , .. � �. � • . { y. . . . . . . ' . � ,�: r'.E. . . . . . . . . . • �.. r r ,R1 � ; ' � � � � . I E e . .. . . . .. . � ..jy *,.�s' . i . 3 .y Ki� .�r. �� , . . . � � .. -'� � .. � . . . . . E - .'. .. . . fi '�� I l L - S � � � � V�� ,.F �` i � � . . � � :I � „k h: �`t. . . �i�� . . . 1. � ... . . . . . . . . . . .r � � � . . . � i 1 '�. ' . a � : . � I � ��tc ' � ;: C [.`�. `� ��;� � , � � i 'r �. � . . . . . . K _ .. , - . . . . . . �. . . .r'-� . . . I .v . .. , . . - + � � � °,� � k� : ' �� , � . � . � � t Ir � �'F � . � i J e� . . . �4 I , ' t:�: € � i i . �h . t, , � � �. � .. . ; �� . . � ., �r �?.'�-a�t;a ii � t . I . � � . . .. . . .. . . . . r �: y � � '6 a . . . . .. . � .. � - � . .. , . . . .. . . , , _ . � I i f ( i : k-�'& � ' 1` ' � �.?•� , ' � i � ' ��' 1 ' , ,�� . � � � . , `�� ° � i` 1 . r �� _ r �_ F ;t.' _ , �,.� � �,�-: , .� , . �, i i _ � .�R° ' .� � . � � t ��a i �, � -K,� �k,,:� �, rr�� ..' } i `�. "� . � . �'' i � � � , d �ea� �'5,�, , ��'HE MIN�1"E�': �,' .�'H�� ` k'�;.�J�ETIPi�i D T�� f�I�LEY GIiY �t�tt�tGl�. �� ` 3. ;�� ' - — � �� '.,� �� ;, ' i. � � �, �. <;�� . � % ,I � � a� � �� ; � 1 � � . � � �� .: � � � , . ;�w . � �. � � , � � � � � � �� I� � �� ,,` s � � . � � � � �. . �.,, :�' . r ., � � . � �, ,� ; 1 . , n ��` _ � � � i' ,� �;�� .� � .� ,�, I � �� , y N'; � a �� . � � � �� — � � � � �� II �� b� �. � � ��: � . � I �i � � � � � � � �� .: l . • ,.< ¢ �: � z �� . . � � . I t� . . . � . � . . �. , u ��e� . . . .. . . .. �... . . . . . . . . . z. ...,. � . .. . . . , . .... . . � _ . ,i! r;.. .' . , ��. . . � �. � . � . , . .� � r �: � .::: � � i �. , i ,� i � � � � ;',,�` i� . � E� � r' .. � . ' �i 1 .. � , � . • . � . . � . �=t.�i �� . • � � � �. .. ; . . . i i , . 4 I . • . . i - _ `i � � � � � � . . . �� •�� ,� �` � a �� .� � �� e., t Y . � . � � � I _ _ ��_' . � _ ? t. �?» ` � . . . . � i ,, '.: }t `t '�t �. � I � i � af, �'. � kT ` 4 , L . � I � • � . ' I ,_. � � ., I II 1 (' � � . i ��;tr,y_ ` � I t � � f � � ., �� - , I 2�� . ��'�' � . .. �� _ ! F I �� ' .. �.. : �'`� ' � x I� n�j Y I w� _ � �.. , �- �, � Y �� , �..�'G+ -'� � � . ' F 'fi. � . . . � � i � t! } ' � � . . ' � � . . . . . . ��, f y�. � . . .. - . . '. _ � .. -v � rx .i f.� ..= a , �— _ _ i 58 . , I I � THE MINUTES OF THE REGULAR MEETING 0� 7HE FRIDLEY C�ITY"COUNCIL OF AUGUST 18, 1975 � � . I ----- The Regular Meeting of the Fridley C'ty Council of August 18, 1975 was called to ; order at 1:33 P.M. by Mayor Nee. • ' ' PLEDGE OF ALLEGIANCE: , � Mayor Nee welcomed those pr�sent at �;he meeting and invited them to,join the Council ' in saying the Pledge of Allegiance t� the Flag. � ROLL CALL: , � 4�1EM6ERS PRESENT: Councilman B�eider, Councilman Star�aalt, Councilman Fitzpatric,k, � Mayor Nee anl Councilwoman Kukowski. MEMBERS ABSENT: None.. , , I t i u � APPROVAL OF h1INUTES: TC HEARThG MEETIPdG. JULY 1�11, 1975: MOTION by Councilman areider to adop'�t the minutes of the Publi� Hearing 4•",eeting of ' the Fridley City Council of July 14,I 1975. Secondec by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Ne2 declared the motion carried unanimously. , � . ADOPTION OF AGEPJDA: - ' ' MOTION by Councilman Breider to adopt the Flgenda as �resented. Seconded by Council- ' woman Kuko�r�ski. Upon a voice vote,lall voting aye; Mayor Nee declared the motion carried �manimously. � OPE1V FORUM, VISIiORS: ' , _._ MR. BURT ELLIS, FP.IDLEY LIOfdS C,LUB: � Mr. Ellis addr2ssed the Council and' Council action appraving t}�e use of there is rs,�w sorre quescicn of vahethE by the Council and donated by tVie Lic � that. this was f.aken care oT. Mr. E? Naturalisi Resource Coordirator thaf h:,�? a��pro��ed th� use but recal l Gd tf about it. _ � � �' ' � e>;plainera that he �aas concerned abo�t the past ' the aeration of 11o.ore Lake. Ne rnentioned that , i� the equi pment 4,�oul cS be p�.archased as approved I �,s Cluo. P�tayor° Plc� said it was his understanc.ing! li•s said there G•aas so��ie c�uestio�� by Mr. Dan Huff,', this w��ild not v�o•rk. h;a)�or tvee said the Council', ��t tfie tdatu�°alist had ex�resse�d some skepticism �, Mayor Nee asked the City P1ar.ager if ''ti�erc ��as any qu=siior �.bout tf,� in�plementatier. , of the �?rocess. The City M�nager r�espoiiceci st.atiny t'r7e Coi:ncil had authorized the , Administr�tion to go ahead d�ith the'proposal and there is some prob'ems vaith the Clean Flo �ompany. He �xplaine� ine Con�par,y has h3d �ecer°�r_"' i,ho�Uhts about the pi°oposal s�.�bmitted. The City Man :;�t' fi�r•thet° expla��ied thdL t� Administrat�an l•ras , in contact ti�rith Mr. Nielsori, Pres�iu�r�t aP the Lions Club, anu wEr-� utteu�pt�ing to <<aork' out this situation. ' �i;°. Ellis expressed i:he feeling thai� he hoped the eqi<;prnent.couEd Le purchased the ' current year ard operaiional befori ,trie winter mcnths so the Lake does not turn into , a swao;p. P1ayor Nee said ttre City had recc�ivec a let�er +rcm Clea.n Flo and asE:ed if Mr. Ellis had received a copy of this. Fir. Ellis said he had a copy of the commuri- cation. h4r. Ellis said h� t��as awar� of ihe problen-�s ar�d t.ho�.igh� they could be resolv�d atihe currcnt meeting. The City Manac;er said they had b�en in contaci ��ith the Lions, Club President to get the matter squared as•�ay. Ile s�ated the Cit,y Coui�c.il had gi�,�en the aut��c�riza�ion to do the �•�ork prcp};o�ad and the c:ontrac.tor was rct willing to do it. Mr. Ellis said they 4��ere anxiou� to qet star�.er' on f.he project. OLD BUSINFSS: CONSII?[RATIO^1 OF FIRST READ:fdG OF SAV �"15-C4 , ALL.EY I P+ 3LOC�; 4,_ SPR 04:DIPlP,NCE FOR VACATT�N R [3i?OOY, PF�RK ADbITI�"�: FST [�Y L. BFNSER The Public Wos'ks Qirector explained',the location of th� alley eas��ment and said the ' Planning Corr��ission at i:iieir meeting� nf June 2.5 had recomm�nded d�nial of the request'. with the understanding that all fcn�es and gai°dens arould be removed from the alley by the first: of Se�.�tember and later'amended to the first of October. He said at � both the Plannir,g Commission PublicliNearing and the Cour�cil Public Hearing, there `,� RE6ULAR COUNCIL P1EETING OF AUGUST 18, 1975 PAGE 2 59 was considerable opposition to the vacation of the alley. Mayor Nee asked if the area property owners had come to some compromise and Mr. Benser said there had been no compromise. Councilman Fitzpatrick said he had reviewed every request for a vacation in some form for tfie 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 cor,cur with the recommendation of the Planning Commission and deny the vacation request by Mr. Leonard Benser. Seconded by Council- woman Kukowski. Upon a voice vote, Counciiman Fiizpatrick voting aye, D1ayor Nee voting ay�e, Councilwoman Kukowski voting aye, Councitman areider voting aye, and Councilman Starwalt abstainina, Mayor Nee declared ihe motion carried and the vacation request denied. CONSIDERATION OF FTRST READIt�lG OF P.N ORDINANCE' FOR VACATION REQUEST BY M. MCFARLAND, SAV ��75-06, ALLEY, 98 64TH AVENUE N. �.: Councilmai� Fitzpatrici< said there has been no objec(:ions to the vacation of the alley and those who had spoke on the matter had spbkenin favor of the vacation. MOTION by Ccuncilman Fitzpatrick to cencur with the Planr.ing Commission recommendation and appro��e the alley vacation as requested by i�1.,hicFarland. Seconded by Councilman Breider. Upon a voice vote, all vo�ing aye, Mayor ldee declared the motien cai°ried unanimously. RECEIt'IPlG A}2EPORT �� ThE ISLANDS OF PEACE FUPIDI�•rG (COUNCIL REQUESTED A REPORT FOR THE AUGUS7 1�3, 1975 61E�TIt�G _ Mayor Nee called on f�r. Burt Ellis representing the Islands of Peace. P1r. Ellis addr��ed the Council and explained that the Islards of Peace had come up wiih ene�!gh money to pay the necessary interesi: payn,ent. he said the Foundaiion had receie�eo a�2,000 donat�ion from the Lions Clui� t.o I-ielp make the interest payr;ent. He s�:;d with the cash en hand and �he money being retained by the City, this would Le ample to meei; the interest obligation. Mr. Ellis said he v�anted to thank ti�e members of the Council for their generosity to the Fc�anda.ticn in their physical heip aiid also with their contributions cf money. Mr. E1?is said th2 Foundation was hav7na a Board meeting that. evening concerning future fund raising. He explained the plaris to Le i:o ebt1en fNe�explai�cdLtl�atntheeuseaof ratl�;er than pl ace i:n� burden on ent: i re1 Y Ci ty p p tl�e facilities v,ould be more bruad than that of the citizens of the City and they b�fieved �,h� ccn�ributions si�ould also be more brcad. hir. Eil�is ulso menti�ned that tne different Lion; Clubs in other areas have n�er�tioned their de�ire to ct,cate such facilities for the handicaped in their own areas. P1r. [llis inforn:ed the Council that t.F,:-y vr�re not planning on building any facilities on the Island� until the cbligai.ion for the cost of the land iiad been met. He said they would co��ne to the Cit,y for approval of any building plans. f�r. Ellis again thanked the 117cl11I:�@Y'S o,r the Cour�cil and s�aid he wr�uld aris�,�2r• a�y of�the Coun�il's questions.. . ��iayor Nee sa�d t�ie Council vaants 't:u er.press its ;:�utitude to t'�,e Lions Club and a�iso htr. Eliis an�, said they have been very active ir, tl�e community. Mr. Ellis said the Lions Club P�c,d fi°id back in the current donation to give the others in the C:ity a chance to become iz�voived in the preg�-am but came to the dec-�sion that the Islar�ds o'i Peace is a wor�thy p+"oject. Ne sa.id the Lions Club has other plans in ihe City r,�f Fr�idle��. NIU(aON by Councilmar� Fitzpatric!: to instru::t the Aclministration to write a]etter of y��{;-,�;ude to the Liors club ior their donation to the Founda�icn for the Islands of Peace. Sccondrii by Counril��ae:n��n F:�kowski. Upo� a vo�ce vote, all voting aye, Mayor � Nee declared th;� moiion carr�ed ikr�animously. Counciiman [3reider said !ie saw �hat i:he Counci? had received a letter of agreement concerning the puy�'�ier,t of the priciple due a��d questioned if the City Aitorney had talked to Mr. l.ametti. The City Attorney ar,s.vere:i tl�at he is sur°e that fdr. Minder is also s�eakirg f�r P1r. La�nt>.tti. F{e explained th��'�. h� had askE:�d for a letter of agreemer� s?yned by both �ncl the aforementionecs letter is what had been received. � �� , i i , il . � ' LJ ' � I - ' ' ' , � f � ____ I ' REGULAR COUNCIL MEETING Of AUGUST 18, 197 PAGE 3 The City Manager said there !iad been a cbmmunication from the Attorney for the Islands of Peace indicating approval from both pamties. . MOTION.by Councilman Starwalt to authoriz� the administration to pay the interest due for the Hayes River Lots on receipt of th� funds from the Lions Club for the :[slands of Peace foundation. Seconded by Councilrjian Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie� unanimously. Mr. Ellis indicated that the check would �e at City Hall the following day. RESOLUTION N0. 170-1975 - ADOPTING THE AF�IRMATIVE ACTION PROGRAM: P4ayor,Nee asked if there was any addition�l discussion by the Administration or the Council. ' Councilman areider asked if the portion o� the Prpgram making the City Council the arbitrating body had been deleted. The Cjiy hianager said yes. MOTION by Councilman 6reider to adopt Res lution No. 170-1975, adopting the Affirmative Action Program for the City of Fridley. �econded by Councilman Fitzpatrick. Councilman Breider noted that he was appr¢ving the Program, not the memo concerning the implemention of the program. �, ' � UPON A UOICE VOTE, all voting aye, Mayor nlee declared the metion carried unanimously. CONSI��RRTIOP; OE P, REQUEST FOR MODIIES FOR�INSULATI(�G FIVE NOi�iES If! FRILILEY (T�1l3lED 8/11/75): — j --- -- The City t`yttorney said he had talked to ht�. Creegan and Nr. Creegan said he �;�ould not be present at the current m^eting. �He al�o co.renented that he !�4d talked to tfi2.4ttorney Gene��al's Office ard had been advised if �his program is approved, the City should send the proposed action plan to the �tto ney Gereral's Office in a�ritting. Mayor f�ee asked if the City of.Coon.Rapid� Yiud been contacte� and the City Attc7rney said yes. The City Attorney said Coon Ra�ids had said that th�is wa.s a small icem. � Councilman Fitzp':rick mention�.! t.ha.t alternative proposale had beet� mentioned at the previous mee+�ing of the Cou��cil. Nr,,ybr Nee questiored if th� alternaiive proposals . would be more acce;�table. , The Cit�,� Attorney sa.id�if the City Gounci� did n��t. war�,U io par��iripate and of�Per suggesti ons i�or al te.rnat i ve p��aposal s, he' �•tou i d b� i r� ag��e:R�r,e;it 4�oi th tF7 i s. Councilman Fii�p;?i,ricl; mentioneci he quesi.ionud the c�ti°rent proposal since it did not. affect all �i the pecpie. ' The City Attorney said it woui:' ue pcss�ib�e for t�re City Counci? t� indicaf:e that they do not care to parti c i pri:� i n thi s p�hoyrUm F�ut a;ou'I d be ��i l l.i ng to tal k about other suc�c�estio�s. MOTTON byCouncil��,oman Kukowski to ind�cat� the Ci�_y Council is ��;f: int��.stF�d in this particf.ilar prop;sal, bui wii�I loo�; ai; alte�rnacives and asks tha� sugc�esLicii7s be made. Sc�conded by Counciiman Star�ti�tilt. , j � � Counciln�an �!..rwalt suggested som�thiny a�ong thc lir2s cf an �.;�crgy seminar. He also suggested,that the resicient� of the City !�e scre, nec� to come up v�itn this type of suggestian. ��iayor f!ee said he felt an ef{�ec�:ive proyra�n �i�i ii�is area ivould be vet�y , expensivc�. H�; ;aid cur�°entl;J th�� gas and'electric corr�panies h�ve extet�sive programs in ed�ucation. hia;c�r° Nee said if the prorosa� wo�.�ld be to go to tiie homes and r,�iake suggestio��s to individual hom� ol�rners, ih�s s-�ould involve a great ueal of money. UPON A VOICE vote, all voting aye, hiayor Riee declared the motion carried unanimously. , � GONSILIERATIOfv 0� REQUEST FOR PROPOSED D�1i�LOPt�"�NT ON FAST RIVE� ROAC AT 79TH 4iAY N. E. [3Y MElZIUAN C�RPORi�1I0tr': --__ The Public l�Jorks Director explained the r�quest to be for d�velopment of the southeast corner of 7°th and East River Road. He s�jid at the time of i.he or°iginal request for a variance in June, the City Council co�icu�r�red v:ith the recom!�iendation of the Board of Fippeals �nd yranted the vai°iances �vithl,the stipulations on Page 6-A of the agenda. ' r t- ' 2 ' � ' l ? 3 i ' .i , � • ; � REGULAR COUNCIL MEE?ING OF AUGUST 18, 1975 PAGE 4 f�l He said the original approval did not include items nGmbered, 12, 13, 14 and current wording of stipulation 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 t9orks Director continued to explain that Meridan had indicated they would not develop the area wi�chout ari access on East River Road and on July 21, 1975, the City Council revised the eighth stipulation to a11o�a ingress and not eqress from East River Road. He said at that time the Council indicated conceptual approval of the proposal and Meridan was to work out the problen�s to only allow ingress. The Public Works Directer informed the Council that the Staff has been working with Meridan and has come up t�ith a proposal whict� is before the City Council. Ne said there had been a change in the eighth stipulation and the addition by the Council of the 12th, 13th and 14th stipulations. Mr. Sobiech explained the 12th stipulation to be that no building permit will be issued until the petitioner has applied for a change in zoning frcm C-25 to C-1 with no contest on zoning ct�ange in the future. He further explained that the easements for tne deceleratior lane will be dedicated as noted on the map on page 6-Q of the agcnda. Ne aiso mentioned the applicant will construct the deceleration lane according to ihe specifications of the Administration and the County. The Public Wcrks Director said t�ir. Nordale was present at the meeting to answer any of the Council's questions. The Public Works Director sa�d Meridan said by letter that they are i� agreement to the stipulations suggested contingent upon City Council approval Mayor Nee asked if anything in t:he plan was new as far as the stipulations and the Public Works Director said no. � Mayor Nee asked if it would be possible for the traffic to gain access to East River P,�a� from thE ingress point. The Pu��lic Works Director said the signs and the constr�action of the ingress would make it impossible to exit through this area. Mayor Nee said signs alone do not wurk. 1'he Public tdorks Director said the construction plus tiie signs would r�ot a11o�-� egress. Councilman Fitzpatrick saic� he belipved that there ��rould be an increase in traffic prroblems with this development on 79th. He said this ��fould have an effect more at this titr� than v�hen the signals are installed. Councilman fitzpatrick said he believed there would he an increase in traffic from the egress on 79th. The Public tJorks Director said the City Co�mcil had adopted the resolution indicating _ their desirns for the in�ta.11ation of signais anc� ini;ent to participate•in the funding and this resolution has been sub�nitted to the County. He said the County Hiyhway Depari:n:ent is doing a study on �he area 'involving traffic counts, etc. He said the City has i.ndica±ed there is concern for signals at this location. Councilman Fitzpatrick saicf he h�ad reservatio.ns about the developi�ient of the property before the completion of tt�e si�nalizaticn of 79th. P1ayor N�e said he did rot think tP�a.t the volume from the north on East River Road would be that great. He saic! he thought most of the people to the north shop at the Fridley t�arket. He felt the r,:ajor�ity of the traffic to the construction would be from the apartments. • Councilman Fitzpatrick said he is a little frightened about the term of channelization of traff�ic on [�st Rivet• Road. , The Cii:�; �!anagcr said t.he propos�:l before the Co�m cil is what had been conceptuaily apF;;°ovc:� at the urevious meetii;n of the Council. He said i:here are some positive , factc, s that the Cn.�nc-i1 should co;7side�r at this tir:��e. Ne said �n�itk7 the agi°eement to c� �'; uhe zor,ir'�g, tiiis tvoulu a'?��r fer a n��re re�tricted use ef the proper�.y�. Counci?m::�n [3reidc�� said he thouqf��i. with th:� ir7s'..allatior of the decelera±ion iand, i;,iis vroul� ;_�� valuni�l� -in allev-iu�tinc� i:he �rec��?��, ;r� the area. C�uC�cilman 6reider sai:�i i��e had b�2�i noti+�. :.!se ar��unt ��f tr,af� ic g�n rater: hy i;he Tom Thomb h1arket on Osborn� Road and he d:c not. feel ihat miach traffic was generated. Iie said he would see r�oii�ing harmful with the propo�al with thz installat.�on of the decE�leration land. The City Manager�mentior,ed that the City P�as t�E;en a strong position in favor af the imprevem°nt ar�d sicnalization of tF�e intersection . He sa�id the C�ty has indicat�ed the funding for their port�ion will be provided the coming year. , �fn°. Alex 6ai-na, 570 Hugo St. fr'. f_., said he felt if the develapment is completed in this locati��n, he thought there v�as a better• char�ce of` the installation of the signali- zation. He saici there may b� scline traffic from tf�� north, because there are many people that do not a�ant to shop at the Fridle,y Focd P�"arl:et because it is a hanyout for young people. Mr. [3arr7a sF�id t�e did not lik� the proposal for a deceleration lane, he would rather see the ingre�s and egress strict'ly f�°om 79th. , i , �� ;� ;� � : _ . i , ; . , F;Z . ; i � � � I REGULAR COUNCIL MEETING OF AUGUST 18, 1975 � �' � � � � � � � 1 -� _J ' ' � , PAGE 5 Mayor Nee restated the question before tl•:e Council anct said the petitioner had ' indicated he could not build an ecor�omically viable business without the variances. , He also mentioned the City Council Would 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 requirements. He mentio,ned 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 Nee asked if the City had recr�ived the application for the rezoning of the , property. He said this should be received before any construction. MOTION by Councilwoman KukoU�ski to alpprove the proposal before t,he Council with the , following stipulations: ', � , 1. Extensive landscaping on tlle site; plan filed with Planning Departrnent. ', 2. Berming to be of sufficien�tl height to protect the residents from automobile lighting. (as indicated on the plans) ', 3. Additional plants (as mar�� on the plans). , 4. Entire building would be br'ick. 5. Bufifer plantings incorpora$ed w�ith berm. • ' 6. Lighting focused de�rrn so a� not to shine into the residential property o�•Jner's v�indows. , ', 7. All blacktoo adjoining g�°e�n area to be separated by poured conc��ete curbing'I 8. No egress from the development onto East Rive�° Road.; ingress only. ! 9. Refuse area should have sojid screen, no gate opening onto the service ', drive, the oortion not being used fior refuse storage and handling to be , used for plantina;. ' ', 10. Side�•�alk connection constr�cted to Lincoln Street. If an agreemert cannot , be rcached bet�.�een fleridia�i and Fudali, the siGeatalk connection should be constructed anyway, but on�y on Aieridian's prcper�y. This 4�rill.offer proper�y protection frain ne��°by i^cs7dents. 11. Parking moved down i;r_i 20 f�et to pick up.ad:litioral room to enable cars ' to face i�� insi.ead of agair�si eac(� ather. ', 12, lipplicant aaill petit.ion t.hc City for rezoni�;g frt:!�i C-2� to C-1 and there ��+ill be no con:e�t on.zoni�g cf�ange ir the futur�. 13. Easemer�ts ta be dedicated o �he Ci�y of Frid�ey as noted on attached map. ' ln,, Api�lic�nt wi�ll co��struct a decelerat�ion lai�e irom the tlriveway abutting '�, East R�iver R�ad t� the sou,h. T�ie cleceleration lan� is to be a 12 foot � wide b�ituminous sectian urith a 2 faot gr,av�l shouldcr �lnd �is to extend ', � south�A�ard -irr_�in tne dr°ive��av eritrar�ce 100 �f�et sout{�wurd froh��the south � radius and C't�en taper at i�5:i to t�e b�ck i�-�t�o �tPie er.isting roadsray. The , typical secfi:ion shal� cons',7st.nfi �" Class V ba e, 1'2° asphalt bincier coui°se (h1HD 234i ) ana 1'," '�insC,l��lt ��srina uur .(PsHD 2"�41 ). All con- ' struct ii�i� sh�l I be 1n ac�a;� d�� r.c � a�i� the 11�nr.e cta D F lrtn,er:t of H�n'r.days � Stardard Snecificat�nrs fc,,r �i�ghv�=,y CO��Y'��Z''>�l d�ted Jar�ua�°y 1, 1972, ar��!', as amended by Su,.�n1em.r,iall Sp2cification for Nighway Cor�sti��t,�ct�ion datc� � January l, 1974. , ' Seconded by CoJncilman Sta.r�+alt. Upon a voicc��ro te, a'1 voting �:��e, M�yor Ne2 decl�r��'� the motion carried ianur7�imou�l�. I RCCEIVIP�l; TN!' MINI.ITES OF THE PLAiJf�I�NG C0�',i�'�I�.`:-?l�l� MEGTING OF A.UGUST 6, 1975: CONSI�E2i1TI0N OF TViF P�F{�'E11LS COi+�M�.SSiOi�; f�1EL"1'I�� !F Jt`L_Y 29, 1°75: --- - — — — — A R�QU�_ST ['�R A U�FiF,P�C� 0��1 HE FRII,Lf_"Y CI1 i� �� E' S��C fION 205_05�, �+_A, TO RED�i [ TIIC f�1�0(�T 1'IRD S' I(l,Cl' FI OM 35 [ i i T TG �25 I-�ET 1�� 1'F�h11IT 10I��1KU(,TIOr�! OF AN � n`-rTt� i_icri r�u�r�= 1��,F I(lt'A"�F�( (;,� I C�� -. GLOCf� 1. C�,� L�Giv�S SUC�/iJl ( i�i('NOR, SOUT�I l3Y ��iR. A�:r'E SlhiEt�GA;;RU):- � `' s S � i � REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 6 l�he Public Works Director explair�ed the request as listed in the heading. He said the existing house is 30 feet from the property line and with the proposed construction of the garage the structure wouid be five feet in front of the building. He explained there was no opposition to the request voiced a t th� public hearing of the Appeals Commission. MOTION by Councilman Fitzpatrick to approve the request for the variances as requested by Mr. Arne Simengaard. Second�d by Councilman Qreider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A�IARIAP,CE OF THE FRIDl.EY CITY COUE, SECTION 205.053, 46, 5a, TO PERMI i THE RE7�R YAi2D �E�`iH- i-R�i'�1��EE.T � 20 FE[T FR�i�I THE ALLEY T PFRMIT CONSTRUCTION OF A DETHCHED GARAGE, TO E3E TIiE S(1iiE BEING 4761 P�1AI�d STREET N. E., FRIDLEY, MINNESOTA _ �5432 ��-REQIIEST 6Y JAMES 1�1. BILLER[3ACK : The Public 4Jorks Director explained the request and said this ��as requested in order to save a tree on the property. He said with the reduction to 20 feet any parking in the drivevray may encroach in the alley. He said th° petitioner had indicated that this ��ould not be a problem and that he would keep the car in the garage oi° drive up aqainst the garage door if the City Council concurs in the request. I�10TIui�l by Councilman Fitzpa*rick to approve the variances as requested by P4r. James W. 6illerbeck, 4761 P4ain Street W. E. Seconded by Councilwoman Kukowski. Upoin a voice vate, all voting ay" Mayor fdee derlared the motion ca�°ried unarimousiy. LOT SPLIT, L S"75-05, FRIDLEY ASSEh93LY OF GOC CHURCH: SPLI? OFF TH11T P,4R1 OF L0�5 8�-12, 6LOCK l, OSE,ORN� ��1AP!OR 2N0 AD�ITION, THAT LIES NORTI� OF - _ - - --- - ------ -- -- ------ - 7�N[ FOLLO'JI�lG fit«�':I�ED LIP1E PcCl��N�G AT A POIIlT IN TI-IC WE�ST LINE 01= L T , LOCNTED 5 FEET SU�Th 0( I�HE t1�KTNG+FST CCRNcR> T�iE�''i,E EASTERLY TO A P01t�T I N TNE EAST LIidE �F l.OT 1'L, 6E1«G 75 F[FT SU UiH OF THE NORTHE{�ST CORNFR A"JD TH[RE TFR;�IJNI{'�IIP;G, i'n'r Sf.-.�E E?EING 47� I�SL,Oi?",'E R�,!lf)i`:. E.: NOTiGP; b,y Cour.cilnan 6r°eider to tab�le the consideration until the reyuest for ttie vucaticn i� heard by thc Counc;il. Seconded by Coimcilwomar Kukot�ski. Upon a vaice vote, all voting aye, ��?ayor Wec declared the mo�ion carried ur,anin;ously. '��A�FTT�P� P�(�U�Si' >,AV` ,75 09, FRTD!_�Y 4�SF(1t''" �f- GOD CHUPCH, VACATF THE 12 FOOT �;;�1�,�,'�. G,,pU'�I'�C�'�`F��I�I';T LIES ls�fil��C�v I�TS 1�NJ 5, /1PdD�TS 8 A�dD 12, ��{;rv"�, �Srp;;; t;,:�dC'' �Pu {`r��;7i'C�! H�+D f+OV� IT -i0 THE CENTER LIP�E OF THE NEW PFt�I'F�iY LIP;.'=, �i�E $'{t�C Ri.:��al; 4'72 (1j3CRPd� RU,`. �7 E.: ----- -- MOTIOti by Cour.�i'n;un �re�dcr to s��t, a public hearing on the matter of the vacation t�equest by fri dl e;- Assembly of G�d Churcfi fcr Scc�i:?, :%,::r 15, 19?5. Seconded by Ccuncil�-ronian t:uko:v�ki. Upon a voice vote, all voti��y aye, Mayor Nee declared tt�e riotion carr�ed unanir�ous}y. VACATION R�<<l,E��>T, SAV ,"75-D5, BY RICH,4RD I:OY�, VnCP,I'E T!�IE 6 FOOT DRAIhAGE A��'D LT(1I-?i�Y-L�� ;i �i��it-�l?�Tii-5TL'F-�3r^L'Ul`-�'L�C; �C�L�1-`S�JDITI-i)Pd, T{'t SA'1E �Fir;��T,'-'�r�;�";�_-�-��'?'?:��i:�i`Tt -�E.�- t10TION by Counriln�.an Breider to set the public hearin�'c�n the matter of the vr<<:ation requF�st by Rici�ard Kok fot� September 15, 1975. Seconded by Council- tv�,i�an Kukn�:�1;N;i. U�:or a v^ic� vote, all voting aye> P1ayo�° P�Jee declared tt:� mt:>.*.ion� ��.,�r�:ed ur�ai�irnous1y. �l"��SIDEaP+T'(1ii OF '';QP(�S�"D Pi "�T P. S"7� �� hF'r��F'SE�i P,D[lICIO(� CiY LEIF� . - - - --- - - - - --- ll f�Pl�'"F1! CI � P,I I �( Cf � T� �� LC1�5 �' /�tit 35 R! DI104'S SUE�CiTVISTON fJ0�77 � � � i - �( i i r� ti -__ GLN� kr;�LY LJ�.; _ l�'t_�__ JF_EI ,1 �i' t Ft �F'il1D !" �<<�Ui f� Of t`�fAi� P� tF!��'F11 : -- f--'- _ __ � � .. . . __ _. � -- - --- -- --- ---- t�OTTC�:= by �c�unc � 1��<�r� �rei cler �a set. the pul_ ��i c heari ng on the matter of th� F r i�ed pl�wt:, �. S. rr75-Q'L b,r Leif I�er�r•� I er,. Secondec� by Counci?wcnan Y.,..�.u�:s!;i. !ac�, a v�ice uotP, ail voti�g aye, Mayor Nee declared the motion c4r•rird unar,inro�e��iy. ' J�ICATI;�N !��'QUi St S�3,V ; 75-10 [3Y R�R��RT NIN�> Ci{5 UP,CItiE THF' 10 �0`JT DRAIrlAGE _ _ — ---- l5�1�7 l'T1LIi`r F-� (i ' �f�+T 1 L� 0� L(�I� 5 Ai��i n l�Ji_K 1> C'it(�vk��It�'d TEr2R�VCE - - -- __ _ _. _ _ 7_Pdll F�ipiTI'J.v, I� SN�� EII�a 9-`l f\ f� 1001 f I�L �i�Li K TEkRn('E �d__ E_ M'JTiI)v bv Cou� � �'��an ar�eicier to set. tt7� oubl ic Yr�aririg on tVie mat�er of the vacai:�+�n ei� th �� °a i rraGe and u�ti 1 i t.y eas� ��,��n1; for �epteml>er 15, 1975. � Seconded � � by Ceurx.ilwao;��n k,iAfco��iski. Upon a��oi�.e vc':e, a'�t voting aye, Mayor Nee � � - -��- i n unanimousl � th� r.o�[.ion �_ r r e Y• �-._ declured �. `� .� r � �� <`: ' � ' � �I � � � � � ' � i LJ � , � � . � . . . �7 � . ,, . , REGULAR COUNCIL P�IEETING OF AUGUST 18; 1975 PAGE 7 hlr. Hinrichs requested that he'ibe allowed to go ahead with the construction ' , which would encroach on the ea�ement 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 pqssibility of al'�v;�ng., prior consent, it was the Council consensus to wait until after the public heari,ig to allow anyone objecting to the request to be'heard. MOTIOiV by Councilman Qreider to r�ceive the-Minutes of the Planning Commission Meeting of August 6, 1975. Secon�ed by Councilman Szarwalt. Upon a voice vote, all voi;ing aye, Mayor Nee declarc� the motion carried unanimously. The Cit.�rAttorney said he had readlthe r�inutes of the Planning Commission meeting referring to Billboards and the P1anning Correnission had said he had changed his mind. He said this was not the ca�e, but there may be some problems with semantics After sorne discussion it was the �ouncil consensus that the City Attorney advise the Planning Con�nission on the matter of the special use permits and that they should be reviewed on an individu�l basis. The City Attorney said he would get somethiny ±o the Planning Connnission to ciarify this issue. RESOt.UTIOiV N0. 171-1975 - NAf iIN6 TNE', SOUTNEAST OUTER DRIVE OF STATE HIGHWAY #165 P.;VD TN7G[JC7�T� IJ7(-:IaI,I�V �ti0�i 7l1 ('llGl.)T I(1tJ�l 61(1RT4�flCT• The Public Ulorks Director explained �he confusion concerning the current street name since there is no Hiyhway #100 and tl,e residents of the area had requ2sied this cfiange'� Ne said the apartment people are the�or�ly ones affected by this cl;ange. He further explained that the City had tall:ed tb the Post Office �nd the people o� the ar�ea and ', they agreed that Cheri Lane would be'appropriate. MOTION by Councilinan StGr°v�alt.to acio�* Resolution �do. 171-1975 naming the Southeast ', outer Drive of Stace 1-lighvaay #65 and' Iriterstate Higf��vay "694 to Chcri Lane N. �. , Seconded by Council4�o,nan Y.ukot•;ski. Upon a voice �rote, all voting aye, Mayor Nee ' declared the motion carried �.ananimou5l,y. ' RESOlUTIOi�! N0. 172 1�I5 - APFROVI_� F�F:NS FOR IMFR)Vt11Et�T OF INIFPSECTIONS AT � 1�1ISSIS�I�'f'I SlR[_ET r"tih;D =f�l r�7 t1r,D OS�O�^,t Ri'1`,'J /�ilC� Ih "47�S7.� i91�-4}; __ ' Counc�iln,an Breider asked if there�4�loj�ld be any area provided in thn middle of the �� t��o sect�c�,s of road�;;r.y fo�� oeGes��°�i�ns and bii:erider-s. 'ihe fubl�ic blurks Director said there v�ould be no.middle sectio�;, s;�ace ��roul.ci r�ot allow this. Councilman Breidel° asi:ed i� therc �is 7or��t'r�ir�,� ttiat cai,ld be do�+e to alleviai:e the prohlem of p2Cit.S{:Y'1.;`;5 dll� f)lE;C1^5 EiE'��!�� Cc�U��t, fJ�l�' ildT? Oi l.h(? � d5� thro��igfo idl�? l�iif_'}'SC'C�70t1. The Fubiic 4l�;,ks [�airectoi° s�,�d ther�e'I �s a walk iigF�t, ard t;hi�- sPiould give an;p1e time to cross the complet:e �nie��->ect�on. �, � � � � I Counc�li��;� 6reicler asked h�? t.h�s ir:�t�,u ��c�rk wi�n t'e r;ght h�and tur�n sigrial. Tne �ubl�c �,o,�l;s Directcr ev�.�a,n�� th�: �?�oc��!��t�e for ��: sici�als and i��aicated the two siyn�ls woia?d not be ��i;�� ir,to opc�ra�'on a� ��I�ie sa��r,e tiree. Coi�as��?�l�,�an BrE�ider asked � if. a i ��.i.rian l3rid��e �touicl �e i�u� hi� in this area and i� i,h C�ty hac3 asked the 5��.�:� abou� this. TL;e Fuhlic t'� 4 Director exr i��d that u t��y indicate�i people t,�c�ald r�ch�r cross t}�e �r�af�ti� �than use tP�e �e��esi.r:�� br�dg�s. Cour�cvl�,so��;�n K�,'r.o�sski asked ��if tne C��ity could put up som� yiel:l to peQestrian �� signs in •ihis area. The Gublic b,ork� !�irector said thi ;rould he cossible. ' Councilman Fitzpatric'r, said he �ravels iri ti�e area oi the Central p�desti°ian ', bridye ovc F-:,ss �;nd it is usec� b,;� aL�iut on� half of tl�e S�eopie. hlayor rJee said , this is «s::ci extensive�y b�; sc�icol s�t��de.nts. Cour�cilrn�,n 3reider said he thought ' the prop�sed improverrent tti�ould posit,5•;ely' a9'fect �.`.,� intersectiori. ' Mr. Niek Garaffa, 6750 P1on7�oe St. Pz.' [., said he bnlie�;c�i that the ov°i�all Wa'I:w�,v w�uld be v�r�y bene`ficiai in this at°e�. He explaine� the s'erious probl�m in :;llo�aing ' acces� for younq�-�r peopir� from i.he +r��st side of the Liehway to ti�2 east or t:o the ' ', area of the Library and ;aid {,e felti the pedestrian i�.al4avay would a'low access to ihe' people liviny on the east side of th� hiyh��ray. ', Mayor Pdee said he thought theC�it,y Col�ncil should approve the proposed resolction and I think aboul: the prc�po�ai of the r�v��head �tiall;way i�� ti�" future. Iie rien*ioned if i:here is a d��;ay, the City n�ay not receivei anytPiing. Coui�cilman 6reider said this was alao his feeling. �, j 0 � Ei `�i REGULr1R COUNCIL MEETING OF AUGUST 18� 1975 PAGE 8 MOTION by Councilman Breider to adopt Resolution No. 172-1975 together•with.the stipulations. Secunded by Councilwoman Kuko�,�ski. The Public Works Director informed the Council and Mr. Garaffa that the Administration is aware of their concerns and would watch out for possible solution for the problems. The City Mar,ager said this pro�osal is not something that the Highway Department is proposing, it is the City's plan. The City Manager stated that the City had been trying for years to get this improvement installed. He said he felt this wouid be a step in the right direction. 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. CONSIDE:RATIOiJ OF A REQUEST FOR TP,ANSFER OF SPECIAL USE PER�1IT SP #74-14 FOR M06ILE HOME SALFS A1 7355 TH �65: The Public Works Director explained the request to be a request to develop a lot ir, Central Vie��r Mano�° into a mobile home sales operai:ion. He pointed out on page 10�-A through 10-C of the agerda, the initial sp•:ial use permit was issued to htr. Rotter for 329 feet. H2 explained thati;here had been three lots platted in Central View ��fanor and on<. of these lets is affected by the Special Use Permit. Hn sa9d now the operation is pi°oposed for expansion from 329 feet to 509 feet. He said the.matter had been to the Planning Con�iission in September if 1974 and to the City Council in Cctober of 1974 and ihe Special Use Permit r:as approveu �Nith a number of stipulations. Mr. Sobiech read the sti�?ulations tc the Council and audience. Fie suggested that the Council refer the additional footage to the Planning Commission for the normal Special Use process. Mr. Ron Christensen, Realco, Rddressed the Council. Councilman Breider asked if Mr. Rot�ter had ever done �nything in the area and (�1r. Chris�ensen said no. Counciiman ar�ider asked ii the stipulations a.re in force on the property and if the ather proposed purchaser is a�t�are of the agreernznt and stipulations cn the property. Mr, Christensen sa i d he i s as•rarc-. Mr. Christensen mentioned that the additional property would be used for the �nobile hon;e lot. He coranented the reasan that P1r. Rotter had ��ot continued to pursue the idea is ti:at th�re F��as not an��le a'rea foi° tf�e !nobile horie sales on the 329 feet. Mr. chiristensen asked if tne opei�ator ��ra�ild be able to expand the present special use permit to irclud� the additional property. Councilman Star��ra.lt questioned ti;e ai,iount of fili that had beer hauled in the area. After sonra discussion on t.P�e fill, Cour�cilman Starwalt questioned thn matter of ptroviding l.hr �erfermance bonci vrhich the Counicl had indicated was necessary at the lst considaration of the rnatt:er. Mr. Christensen saic; he believed the app7icant wouid cor�ply t:�ith the bond anci asked when it was due arid in 4�hat amount. P4r. Christensen said the intere,tc� party would cake care of ti�e-.improvements and utilities and would like this dont� as soon as possible. ' The Public k'ork:s Director mentioned that the transfer of the special use permit on the portion �:f the prc�perty ttrut had been ap;�ri>ved ��ould be ap;�ropriate, but ne felt that thc addi.t;oral parcel ��vould have ±o go back to tl,,�� Planniny Comn�iss�on and come i:o thc Cnuncil ag�in. Cou�;cilnia.n Fitzpatrick asked �,�hat kina or i:i!��e f�°arne �ti�ey 4�rere iall:iriy �:�out. and when f�e petizior�r 14ould I ik�v tc bc using the entirc= lot fc;r sales. He said tt�is ec,nsider•atior� �vould net co;:�:_ back to the C:�unci i uniil late September or October. Mr. Vilnis V�ilin;ki, 11?,1 �dar�.hbi.irn Avenue South, p�i>°chaser of the propert4' gave a develo�;i,�ent plan to the Public 4Jor!:> Uii�ectot°. T"�e Public 6Jorks Direci.or �indicated th�t th� pian �-�as siinilar to ti�e ore {��°opose�' by Mr. Rotter. M�yor Nee askcd if a holding area �las being fi1led. The Public 6Jorks Director said tf�ie lo�� area to the west is being fi1led, I;e rnentione� th� water from the low area still drains into Nerton Cree!:. t�iayor fdee a;:!<.ed if there a:ould be any f�olding area left and ti�e Puhli:: L,brks Uirector. said not r-eally. Ne said the City f�as drainage easen�eiits on t{ie lot lines. i��,;yor Nee askec� if tf�e purchaser had subm�itted a plan for development to the City and the Puh i i c Idnrl:s Di rect,or said no. �--�� , Councilrnan 1=itzpatrick said ther�e was a conccr�� about the max,imum number of units. f� � � � .� �� I : 1 � _. _�_ . . . I� . ..-._.__�._"___.'___._-__.-_____'_'._'"_.-__ -_ _ " _ ..-i..'_ __..._. . I REGULAR COUNCIL MEETING OF AUGUST 18, 1975 He asked if there would be any probl said the maximum number of trailers man Breider asked if the proposed pl � said it did. Mayor Nee asked if thi and the Public Works Director said y ' Councilman Starwalt questioned the f ' bond for the black top. Mr. Valinsk before moving the business in• h1r. Va ', � qualms about (�osting the $1,50U bond clarification concerning the install Vilinskis said he would like some le I installation of the screening fence. '� of cost initially. Councilman Starw ', talking about. Mr. Vilinskis said h ' Councilman Starwalt asked if the 14t present timE or the performance bond __ __ __. _. . . I PAGE 9 , m in meeting the stipulations. Council.man Breider; ould be controlled by the stipulations. Council-', n conformed to th� stipulations and Mr. Christenser� would also govern the landscaping of the area ', rmer stipulation concerning the performance ' s said he had planned on blacktopping the area , inskis continued to comment that thEy had no , The City Attorney suggested there be some , tion Of the improvements at this time. Mr. way on s±`ipulation number eigh± concerr�ing the , He explained this would involve a gr�at deal , lt asked wi�at kirrd of delay in time he was , would like this extended to April 1, 1975. ' stipulation would be complied with at the ', be furnished. The City Manager expressed concern amout the delay in the installation of the � screening fence and explained th�t tl��people of the •�ea v.�ere very concerned about , this. The City Manager said he woul�i prefer that the black top be delayed and the fenee be installed right away. He said ma y people in trailers adjacent to the property -, would sha�immediate concern about th�s and he s�ggested that'the fence be installed , right a�way with the stipulations indhcating this. Mr. Vilinskis said he was not opposed to the installation of the `�nce riyht away, but if this was the case, he would like to delay the installation of the blacktap until spring. The City Manager said he thought this would be reason�ble with i:he performance bond being provided at , the present time. , '�, A que�tion was raised about sceenin of the property. Councilman Si:arwal iricluded because the original reques car facility and the peaple-of the a Breider mentioned that the fencing r parcel since the additior.al property Special Use Permit. He added the Co feet of original property. � fence being installed on the entire portion , said �he screening requireme.^t was intitially , , was for the use of the pr•operty as a used �•a cbjerted to this very strongly. Councilman , �quirement could not be in force for the entire had not been approved for the issuance of the ., �ncil could only require the fencing on the 329 Mr. Vilinskis said if the Special Us property, he would not buy the proper enough for this type of operation. homes. Mr. Vilir�skis asked if the Co of the outcome of the request for the Breider said it was presumptuous on i� He corrmented that he did not tf�ink an answer at this time. Councilman Sta until the other special use rermit is Director said the transfer ef the s e the approval of the stipulations as s Permit is not approved for the additional ' ty. He said the original area is not large here H�ould not be enough area i:o store the mobile', uncil could give some indication on the result ' additional special use permit. Councilman ', is part to make any claims at the present 1;ime. ' y member of the City Council would give a concret'e alt questioned if the matter should be tabled , reviewed by the �ouncil. The Public Works cial use permit could be done at this time with ', uggested through the discussion. � MOTION by Cauncilman Starwalt to app�rove the transfer of the Special Use Permit I�, for the 329 feet with.the applicant ',making a request for the special use permit on the additional portion of property i,n the proposal and i;hat the original 13 stipulatidns from th� Planning Corranission consid ration of September 25, 1979 be enforced with the', following amendments: #7 The publi� and employee parking lot wi11 be blacktopped by April 1, 1976> #8 Provide screeni�,ng fence along the north pr�perty line immedietel�. Precast curb �aill be put along the �ntrance and along the parking area, and with the i addition of the 14th stipulation as,follows: #14 That a'performance bond in the amount of $1,500 be provided for tii� blacktoppiny and landscaping. Seconded by Councilwoman Kukowski. Upon a voic� vote, all voting aye, Mayor Nee declared the , motion carried unanimously. � ', Councilman Breider suggested that i� the operation would take this long to become ', operational that the petitioner hol� off until spring. Councilman Starwalt said the � key to the development of the prop.e�ty would be the installation of the screening I fenee fo.r the propety owners to the'north. The City Manager said since the Council had taken actio.n of the transfer, t�e applicant could begin operation at the present ', time if he wished and if he comp•lie with �the stipulations. , �. _ ---- - _ -- --- -- . • , • , � � ,; REGULAR COUNCIL MEETING Of AUGUST lII, 1975 PAGE �0 CONSIDERATION OF INSTRUCTIONS FOR CIRCULATING INITIATIVE, REFERENDUF4 AND RECALL_ PETITIONS: i 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. He corr�nented that all of the requirements refer to the registered voter and with the new law it would be possible to register to vote on election day. . He ask�d the City Attorney how he would interpolate this. Councilman Fitzpatrick also questioned the provision in the recall section that 25% be a requirement and questioned 25% of what. The 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 , sigining 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 refers 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% 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 Attorney sa�d he felt this question should be resolved. He said this may not come up, b.ut 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 signatui°es 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 Sinith. The City Attorney.said there is also concern if people sign the names as Mr. and Mrs. Smith. He said the circulator would have to be a��are of the provisions. The City Attorney said the circulator is only attesting�that the person si�ned the petition in his or her presence not that they are who they purport to be. Councilman Breider asked if an example could be included in this section and the Finance Director said yes, this section could be amended. Councilman Breider said he was surprised to see the administration act so quickly on the suggestion that the instructions be drawn up. P4ayor hee said he thought this ' was great also. ' Mayor Nee said there is also a question of how the people sign their voter registration cards. The Finance Director said there is a problem with wbmen signing their names as Mrs. John Smith rather than with their own first names. Mayor Nee said he would ' not want people disqualified as a signer if the signaiure would vary slightly. He , questioned if this language could be softened a little to ask or encourage that tlie , people sign like on the registration card. � The City Attorney sugggested that the two lines of instruction be consolidated. The City �ttorney said the fourth .item would have to remain the same until there is a Gharter change. MOTION by Council��roman Kukowski to approve the instructions to petition circulators as amended with the co�nnents in the discussion. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the•motion carried unanimously. RESOLUTIO�d N0. 173-1975 - SETTING THE CITY PRIMARY ELECTION FOR THE 9TH DAY OF �SEPTEMBER, 1975: MOTION by Councilman Breider to set.the primary election for Ward III for September 9, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. " RESOLUTION N0. 174-1975 - DESIGNA7ING POLLING PLACES AND APPOINTING ELECTIOP! JUDGES FOR SEPTEMBER 9, 1975 PRIMARY ELECTION: • l ' MOTION by Councilman Starwalt to adopt Resolution No. 174-1975 designating polling �` i pla�es and appointing election Judges for September 9, 1975 primary election. � . Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .. � � � 'i� � , ' � � � � i ' � � � . I � , .- - -r I . i • _ _ _ _ _ -- -- - -. _ _. �i � i � , REGULAR COUNCIL MEETING OF AUGGS? 18,I1975 . PAGE 11 _.�� ' CONSIDERATION OF BALLOTS FOP. 1-JARD III�IPRIMARY ELECTIOK: MOTION by Councilwoman Kul:oti•:ski— ' ta ap�rove the bal?ats for Ward III Primary Election. , Seconded by Councilman Breider. Upor.',a voice vote, all vot�ing aye, Mayor Nee declared ', the motion carried unanimously. ', ; RESOLUTION N0. 175-1975 - AUTHORTZING'AND DIRECTIPdG THE SPLIT7ING OF SPECIAL ASSESSMENT', ON PARCEL 30, LOT 2, AND PI',RCEL 40, L�T 3, BLOCK 2, EAST RANCH ESTATES 2ND ADDITION: , MOTION by Councilman Breider to adopt'',Resolution No. 175-1975. Seconded by Council- i woman Kukowski. Upor, a voice vote, all voting aye, Playor Nee declared the motion ', carried unanimously. ', CLAIMS: ' ', GENERAL �1ND LIQI!CP. 11020 - liI�50 I � MOTION by Councilman Star�valt to appreve the �laims. Seconded by Councilvaoman Kukowski! Upon a voice �te, all voting Qye, Ma�yor �dee declared the motion carried unan�imously. j LTC[PlSES: � � � �'� , , GARQAGE PICI:UP BY I, APPROVED RY , Art Willman and Son Arthur Wi7lman Health Inspector 51 28th Ave. North � ', Minneapolis, Minn. 55411 ', McKnight Trucking, Inc. Harry K. hjcKnight Health Inspector , 424 South Concord St. �, ', Soui:h St. Paul, Minn. ' ' Suburban Pickup Service Jack Gall�gher Health Inspecter , 3800 Restwood Rd. 'I , I Circle Pines, Minn. i ' Walters Disposal Service John Waltffr � � Nealth Inspector ; 2830 101st Ave. N. E. ' , � Minneapolis, Minn 554°34 I ', MULTIPLE Dk,'ELLING L.ICEiJSES • , ' OWN�R ADDR�SS UNITS FFE APPROVED QY ' Wm. L. & Donna E. Zaier 57fi1 2nd 15t. N. E. 3- $15 R•. Aldrich � 6556 Central Ave � Fire Prev. ', fridley, P1inn � . ', John A Swanson 5770 2nd �t. N. E. 8 15 R. Aldrich ! 5835 Centran Ave. N. E. .. Fire Prev. fridley, Minn. ' - Berton N. Cross� � I c/o Peterson & Kalina, Chtd. ' 556 40th Ave. N. E. 5801 2nd �5t. N. E. 4 15 R. Aldrich ' Minneapolis, Minn I Fire Prev. ', Glenn Qarrott 5830 2nd I'St. N. E. 4 15 R. Aldrich ', 530 220th Lane N. W. Fire Prev. I Coon Rapids, hiinn. � � � Roger « Elta Blesi 5848 2nd �'�St. N. E. 8 15 R. Aldrich. ', Ralph & Eleanor Ward ', Fire Prev. �, 2812 64th Ave. N. �, ', Minneapolis 55430 ', ', , , Rogers Properties 5851 2nd ISt. N. [. 11 16 R. Aldrich I 6521 50th Ave. N. � Fire Prev. ' Minneapolis, Minn. 55428 �, ', , . i � 0 � �� 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. Qauman 606T 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. Columbia Heights, Minn. 55421 Paul M. Johnson 6525 2nd St. N. E. 7 3925,Shamrock Dr. N. E. Minneapolis, �iinn. 55421 Lynn D. Fiansen 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 4216 7th St. N. E. P1inneapolis, Minn. 55421 Jerry Guimont . 6551 2nd St. N. E. 7 2187 Lakebrook Dr. � New Brighton, Minn. 55112 Marvin C. Erickson 5770 2%Z St. N. E. �11 2424 119th Ave. N. E. . Coon Rapids, Minn. 55h33 Albin Johnson 5800 22 St. N. E. 4 6824 Ewing Minneapclis, Minn. 55429 Albin Johnson 5810 2%Z St. N. E. 4 6824 Ewing Minneapolis, Minn. 55429 Paul K. LaPointe 5820 22 St. N. E. . 4 1528 McAfee St. St. Paul, Minn. 55106 John H. duellette 5901 2%z 5t. N. E. 4 84& 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 2%2 St. N. E. 7 3945 Reservior Blvd. Minneapolis, Minn. ' Robert J. 6auman 6060 2Z St. N. E. 4 6046 2%z St. N. E. ' Fridley, Minn. 55432 • John Mezzenga 4901 3rd St. N. E. 7 1401 Mississippi St. , New Brighton, Minn. 55112 ' Arnold C. Elmquist 4913 3rd St. N. E. 7 8140 Long Lake Rd. N. E. Minneapo.lis, Minn. 55421 _ _ _ _ .__ __ _ _ . . s� i � �. PAGE 12 i FEE , APPROVED BY ' $15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. ' 15 R. Aldrich Fire Prev. 15 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 Fir� Prev. , . i 15 R. Aldrich ' Fire Prev. I ; .. 15 R. Aldrich I Fire Prev. 15 R. Aldrich Fire Prev. ' . I15 R. Aldrich _ _ Fire Prev. ` � 15 R. Aldrich ', Fire Prev. � 15 R. Aldrich I Fire Prev. i __ _ _ _. ._ J �i 7� REGULAR COUNCIL MEETING OF AUGUST 1B, 1975 DWNER Arnold Elmquist 8140 Long Lake Rd. N. E. Minneapolis, Minn. 55421 Arnold C. Elmquist 8140 Long Lake Rd. N.E. Minneapolis, Minn. 55421 Arnold C. Elmquist 8140 Long Lake Rd. N. E. Minneapolis, Minn. 55421 John Miller 5015 University Ave. N. E. Minneapolis, Minn. 554?_1 W. W. Untinen c/o .Udel l Lars • � 6848 Knoll St. Minneapolis, Minn. 55427 Dua�me Roepke 4533 Lakeland Ave. N. Minneapolis, Mirin. 55422 Mervin L. Byrne 5955 3rd St. N. E. Fridley, Minn. 55432 Richard Welk 4090 Decatur Ave. N. New Hope, M�inn. 55427 Elliot V. Benincasa 6063 3rd St. N. E. Fridley, Minn. 55432 Elliot V. 6enincasa . 5063 3rd St. N. E. • fridley, Minn. 55432 • Roland E Waller & Richai•d Vetn 290 61st Ave. N. E. �ridley, Minn. 55432 ADDRESSII UNITS 4921 3rd St. N.E. 7 4939 3rd St. N. E. 7 4949 3rQi St. N. E. 7 4965 3rdi St. P�. E. 11 5025 3r� St. N. E. 11 5035 3r� St. N. E. 7 5955-65 3rd St. N. E. 4 �� 5974 3r� St. Pd. E. 4 i 6051-53�55 3rd St. N. E. 3 6061-63�65 3rd St. N. E. 3 6071-73�3rd St. N. [. 3 290 61s Ave. N. E. FEE $15 15 15 16 16 15 15 15 15 15 15 � PAGE 13 ' APPROVED BY' R. D. Aldri�h Fire Prev. ' Aldrich Fire Prev. I R. Aldrich ' fire Prev. ! � R. Aldrich ' Fire Prev, ' ; R. Aldrich ', Fire Prev. ' R. Aldrich Fire Prev. R. Aldrich Fire Prev. Aldrich Fire Prev. R. Aldrich Fire Prev. R. Aldrich fire Prev. R. Aldrich Fir•e Prev. Charles A. I_und 5320 4t� St. N. E. 4 15 R. Aldrich I 3320 4th St. N. E. Fire Prev. ', , fridley, Minn. 55421 Duane L. Schwartz 5347-49I4th St. N. E. 3 i5 R. Aldrich', 5347 4th St. N. E�. � Fire Prev. ' . fridley, Mi�nn. 55421 �' ' Donald E. Klostreich 540i 4t�h St. N. E. 7 15 Aldrich ', 2509 Hillview Rd. Fire , �loundsview, Minn. 55432 ' , Prev. ' Gordon V. Jorgenson 5644 4tlh St. N. E. 7 15 R. Aldrich'', 2223 Chalet Dr. •' Fire Prev.' Minneapolis, Minn. �55421 ' � . ', Margaret Hendley . 5800 4ti,h St. N. E. 4 15 R. Aldrich', 11Q N. E. Craigway ' Fire Prev.' fridley, Minn. 55432 ' ' .Curtis Bostrom 5400 5t,�h St. N: E. 4 15 R. Aldrich' 5652.Regis Trail I Fire Prev.', Minneapolis, Minn. 55432 . ' ' • , , . i , � � � t. ` � E i � ;, � ;' � .j i' a ; � � ; � I, � ; � � � I f � b � � , a �� REGULAR COUNCIL MEETING OF AUGUST 18, 1975 � • 71 OWNER ADDRESS Curtis Bostrom 5410 5th St. N. E. 5652 Regis Trail � Minneapolis, Minn. 55432 W. Frederick Hawkins 5428 5th St. N. E. ' 2800 N. Hamline Ave. Roseville, Minn. 55113 Roscoe Smith & 5451 5th�St. N. E. Charles Hom�neyer 3504 Larchwood Dr. Minnetonka, Minn. 55343 Umberto M. Virgillo 5400-02 7th St. N. E. 5402 7th St. N. E. Fridley, Minn. 55432 HaroTd u. Morrow 5430 7th St. N. E- - Rt. 4, Cty Tk P1M River Falls, Wis. 54022 Udell �arson 5460 7th St. N. E. 6848 Knoll St. Golden Valley, Minn. 55427 • Kenneth & Sharon Franko 5612 7th St. N. E. 6324 Scott Ave. N. • Minneapolis, Minn. 55429 Kenneth & Sharon Franko 5640 7th St. P1. E. 6324 Scott Ave. N. � • Minneapolis, Minn. 55429 Douglas K. Johnston 1050 52nd Rve. N. E. 102 bJindsor Lane , St. Paul, Minn. 55112 Douglas K. Johnston 1090 52nd Sve. N. E. 102 �Jindsor Lane St. Paul, Minn. 55112 Douglas K. Johnston 1120 52nd Ave. N. E. 102 Windsor Lane St. Paul, Minn. 55112 Douglas K. Johnston 1170 52nd St. N. E. 102 Windsor Lane St. Paul, Minn. 55112 Wayne W. Siewert 251 57th Place P1. E.. 3320 48th Ave. S. Minneapol.is, Minn. 55406 , Irving Efron & Dr. Irving Herman 262 57th Place N. E. 3025 Salem Ave. Minneapolis, P1inn. 55416 � Otto G. Tauer .359 57th Place N. E. � 5866 2nd St. N. E. j Fridley> Minn. 55432 Robert J. Bauman 105 58th Ave. N. E. 6046 2'2 St. •N. E. ' . � Fridley, Minn. 55432 • Tropicana Company • 190 59!� Way N. E. , 6250 Wayzata alvd. '; Minneapolis; Minn. 55416 � 191 59 2 Way N. E. �i � Tropicana Company . 6250 Wayzata Blvd. Minneapolis, Minn. �55416 PAGE 14 UNITS FEE APPROVED BY 4 $15 R. Aldrich Fire Prev. 4 15 R. Aldrich� Fire Prev. 32 37 R. Aldrich. Fire Prev. 3 34 34 11 11 16 16 16 16 4 7 12 15 R. Aldrich Fire Prev.. 39 R. Aldrich Fire Prev. 39 R. Aldrich Fire Prev.' 16. R. Aldrich Fire Prev. 16 R. Aldrich Fire Prev. 21 R. Aldrich Fire Prev. 21 R. Aldrich Fire Prev. 21 R. Aldrich Fire Prev. 21 R. Al�drich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich Fire Prev. 15 R. Aldrich ' Fire Prev. 15 R. Aldrich Fire Prev. 17 R. Aldrich Fire Prev. �2 17 R. Aldrich Fire Prev. . 1 I _ _ --..�. _ �. _ _. ; � �� .. • I - ' I ii ' i -!� � , '' � � ' ' � ' � I � . _ � . . . � ' ' i i � �� ' 'i . � � ! i � i . � � ( I ' i REGULAR COUNCIL MEETING OF IaUGUST 18,I 1975 --1--- OWNER . Huu� � LeRoy W. Drew 144111 73rd Ave. h�. E. 1821 University Ave. , St. Paul, Minn. II K. B. M. Investment Co. 161� 73rd Ave. N. E. 3005 Ottawa Ave. S. ', Minneapolis, Minn. 55416 I Donald Peterson & 351I74th Ave. N. E. John Behun , 1607 Bunker Lake alvd. N. E. I Anoka, Minn. 55303 Donald Peterson & 389 74th Ave. N. E. John Behun 1607 Bunder Lake Blvd. Anoka, Minn. 55303 , Donald Peterson & 4151I74th Ave. N. E. John 6ehun 1607 Bunker Lake Blvd. N. E. I Anoka, Minn. 55303 � � � Kenneth G. Larson 350 75th Ave. N. [. 3232 Independence A��e. N. � Minneapolis, Minn. 55427 I� Wm. C. & Robert L Holmquist 450j 75th Ave. P1. E. 3608 Admiral Lane I Minneapolis, Minn. 55429 , Wm. C. & Robert L. Holmquist 476', 75th Ave. N. E. 3608 Admiral Lare Minneapolis, Minn. 55429 Paul Burkholder 10 77th•Wa.y N. E. 7860 Alden Way Fridley, Mit�n. 55432, ' Jeffrey D. Mosiman .181 79th 6day N. [. g242 Flanders 5t. N. E. � I Blaine, Minn. 55434 Elbert [. Staples 321 79th Way N. E. 1716 E. 58th St. Minneapolis, Minn. 55417• UNITS 18 24 >> 11 11 11 �1 11 L�1 0 4 Wm. L. & Donna E. Zaier 6550 Central Ave. N. E. � 6556 Central Ave. N. F. Fridley, Minn. 55G32 . ' SPGA'Associates 6551 Channel Rd. 909 Farmers & Mechanics Bank Building Minneapolis, Minn. 55402 SPGA Associates 6571 Channel Rd. 909 Farmers & Mechanics ' • Bank 6uildiny Minneapolis, Minn. 55402 • 11 11 Nathan Schwartz 101 Charles St. N. E. 12 5916 Medicine Lake Rd. Minneapolis, Minn. 55422 � __._ _ PAGE 15 ' FEE APPROVEU BY' $23 R. Aldrich ' Fire Prev. ' 29 R. Aldrich ''; Fire Prev. 16 R. Aldrich '' Fire Prev. ', 16 R. Aldrich '' Fire Prev. ', 16 R. Aldrich Fire Prev. 16 R. Aldrichj Fire Prev.' 16 R. Aldrich! Fire Prev.', 16 R. Aldrich', Fire Prev• 1� R. Aldrich Fire Prev., 1� R. Aldrich' Fire Prev.''' 15 R. Aldrich', � Fire Prev.l 15 R. Aldrich', Fire Prev.', 16 R. Aldrich''i Fire Pre��.', � 15 R. A1 dri c11. Fire Prev.: 17 R. Ai dr.i cfi Fire Prev; _____— -------..__ _ _�----- ` -_ _ �. 0 ; 6 , t a j � ; � , i s `, 0 ; REGULAR COUNCIL MEETING DF AUGUST 1B, 1975 . 7'� , PAGE 16 OWNER ADDRESS UNITS FEE APPROVE� BY Nathan Schwartz 179 Charles St. N. E. 12 $17 R. Aldrich 5916 Medicine Lake Rd. Fire Prev. Minneapolis, Minn. 5542'L Nathan Schwartz 180 Charles St. N. E. 12 17 R. Aldrich 5916 Medicine Lake Rd. Fire Prev. Minneapolis, Minn. 55422 Vernon S. Noium 5940 East River Road 12 17 R. Aldrich 925 Dain Tower fire Prev. Minneapolis, Minn. 55402 East River Road Corp 6550 East River Rd. 140 145 R. Aldrich 19 S. lst St. Suite B2307 Fire Prev. Minneapolis, Minn. 554i0 � John N. Ouellette 6551 East River Rd. 11 16 R. Aldrich 848 82nd Ave. N. E. Fire Prev. Spring Lake Park; Minn. 55432 Paul Burkholder _ 7683 East River Rd. • 4 15 R. Aldrich 7860 Alden Way Fire Prev. Fridley, Minn. 55432 � Five Sands Development 7805 East River Rd. 59 �4 Rire1Prevh 7100 IJayzata Blvd. • Minneapolis, Minn. 55426 • Five Sands Development � 7825 East River Rd. 59 64 Fire1Prevh 71D0 Wayzata Blvd. Minneapolis, Minn. 55428 • Five Sands Development 7845 East River Rd. 59 64 R. Aldrich 7100 Wayzata Blvd. ' Fire Prev. Minneapolis, P1inn. 55428 , Five Sands Development 7875 East River Rd. 59 R. Aldrich 7100 tdayzata Blvd. Fire Prev. Minneapolis, Minn. 55428 Five Sands Development 7895 East River Rd. 59 64 Fire1Prevh 7100 Wayzata Blvd. Minneapolis, Minn. 55428 ' Norman E. Shuldheisz 6341 Highway #65 N. E. 10 , 15 FiretPrevh 1256 8th Lane Anoka, Minnesota 55303 Arnold C. Elmquist 6370 Highway #65 N. E. 15 20 R. Aldrich 8140 Long Lake Rd. N. E. Fire Prev. Minneapolis, Minn. 55432 Patrick M. Handy 6379 Highway #65 N. E. 8 15 R. Aldrich 913 N. W. 87th Lane Fire Prev. Minneapolis, Minn. 55433 . . Arnold C. Elmquist 6393 Highway #�65 P,. E. 7 15 R. Aldrich 8140 Long Lake Rd. � . Fire Prev. Minneapolis, Minn. 55432 Arnold Elmquist 6417 Highway #65 N. E. 8 15 R. Aldrich 8140 Long Lake Rd. . Fire Prev. Minneapolis', Minn. 55432 Skywood Apartments 1200 Highway �100 N. E. 18 23 R. Aldrich . Fire Prev. • Mid cont�nent Mgt. Corp. . 1130 Minnesota Bldg. � ' St. Paul, Minn. 55101 � �'�. • Skywood Apartments 1230 Highway #100 N. E. 18 23 R. Aldrich . See above address Fire Prev. ; • • ' � �� 0 � '.� , �� €� � i , [ �� 1^, �' j:' a s� !.' � 74 REGULAR COUNCIL MEETING OF AUGUST l�, 1975 OWNER ADDRESS Skywood Apartments 1260 Nighway �f100 Mid Continent Mgt. Corp. � 1130 Minnesota Bldg. St. Paul, Minn. 55101 Skywood Apartments 129Q Highway #1G0 Mid Continent Mgt. Corp 1130 Minnesota Bldg. St. Paul, Minn. 55101 Lynde Investmeni: Co. 910 Lynde Dr. N. E. 9801 Oak Ridge Tr. Hopkins, Minn. 55343 Lynde Investment Co. 990 Lyncle Dr. N. E. 9801 Oak Ridge Tr. Hopkins, P1inn. 55343 Lynde Investment Co. 950 Lynde Dr. N. E. 9801 Oak Ridge Tr. Hopkins, Minn. 55343 William A. Shaw, Jr. 7400 Lyric Lane N. E. 5368 Matterhorn Dr. fd. E. Minneapolis, h1inn. 55421 • Robert Spong 5475 Main St. N. E. 1202 Pike Lake Dr. New Brighton, Minn. 55112 Robert Spong 5496 Main St. N. E. 1202 Pike Lake Dr. New 6righton, Minn. 55112 John Phelps & Roger Berg 6021 Main St. N. E. 2521 Aldrich Ave. S. hlinneapolis, Minn. 55405 • John Phelps & Ellis Phelps 6035 Main St. N. E. 2521 Aldrich Ave. S. . Minneapolis, Minn. 554t�5 ' Highland Park Development Co. 610 Csbor��e Rd. N. E. 9741 Foley Blvd. N. W. Coon Rapids, (�1inn. 55433 Highiand Park Development Co. 630 Osborne Rd. N. E. 9741 Foley Blvd. N. W. _ Coon Rapids, Minn. 55433 Highland Park Development Co. 630 Osborne Rd. t�. E. 9741 Ro7ey Blvd. N. W. Coon Rapids, Minn. 55433 , A. T. Gearman 5650 Polk St. N. E. 5225 University Ave. N. E. Fridley, Minn. 55432 Gordon V. Aspenson 6489 Riverview Terrace 17 Rice Creek Way fridley, Minn. 55432 UNITS 18 PAGE 17 ' FEE APPROVEDI,BY — � $23 R. Aldriqh Fire Prevl. 18 23 R. Aldri Fire Pre 11 11 11 � 12 12 4 4 E 34 34 32 4 16 R. Aldri h Fire Pre . 16 R. Aldri h fire Pre . 16 R. Aldri h Fire Pre . 15 R. Aldri h Fire Pre . �7 R. Aldri h Fire Pre . 17 R. Aldi°i h Fire Pre . 15 R. Aldri h � fire Pre . 15 R. Ald"ri I� Fire Pre . 15 R. Aldri h Fire Pre . 39 R. Aldri h Fire Pre . 39 R. Aldri h Fire Pre . 37 R. Aldrich Fire Pr v. 15 R. Al�rich Fire Pr v: - Donald E. Keefe 201 Satellite Lane N. E: 11 16 R. Aldrich 2425 Brookri�ge N. Fire Pr v. ' Minneapalis, Minn. 55422 Walter Miskiw 221 Satellite Lan� N. E. 11 . 16 R. Aldrich 221 Satellite Lane N. E. Fire Pr v. ' Fridley, Minn. 55432 I � � � . i � - _ __ __. _ . ._ _ _ ___ _ a �� ; REGULAR COUNCIL MEETING OF AUGUST 18, 1975 GENERAL CONTRACTORS BY Dino & Son Robert Corr�dato 13227 Fremont Avenue S. Burnsville, Minnesota 55337 t. Gudmunsen Construction Larry Gudmunsen 1054 93rd Ave. N. W. Coon Rapids, Minn 55433 Lumber King Company Jerome Lorberbaum 5145 Oliver Avenue South Minneapolis, Minn. 55419 NEATING Del Air Conditioning, Inc. Del Strandberg 9860 James Circle Minneapolis, Minn. 55431 MASONRY ---r-- All State American Concrete, Inc. D. F. Vizecky 2659 Dupont Ave. S. Minneapolis> Minn. 55408 ROOfIfdu Lindgren Roofing & Insulation Dave Lindgren 5006 71st Ave. N. Brooklyn Center, Minn. 55429 � HOUSE TRAILER " � . 75 PAGE 18 APPROV,ED BY D. Clark D. Clark D. Clark . W. Sandin • D. Clark D. Clark Marvin Segelstrom M. Segelstrom ' D. Clark . 7625 Central Ave. N. E. (To be �occupied temporarily Fridley, Minn. 55432 while house is being repaired �after fire) MOTION by Councilman Starwalt to approve the licenses as listed. Seconded by Council- woman Kukowski. Mayor Nee questioned in whut form the multiple dwellings are inspected for approval for licenses. The City Attorney said they are inspected by the Fire Marshall. Mayor Nee asked if they are inspected from the health standpoint• The City Manager said tha City does not have a health ordinance, now they are only approved for fire si:andards and zoning. He said the City is in the process of- formulating a housing code and this would have to be authorized before this type of inspection�is done. Mayor Nee conunented that nany of the dwellings included for license approval are very run down. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATFS: � Comstock and Davis, Inc. . 1446 County Road "J° Minneapolis, Minn.� 55432 � For furnishing resident inspection and resident � supervision for the stakirg of the following construction work: PARTIAI Estimate No. 8 for. Water, Sanitary Sewer & � Storm Sewer Improvement Project No. 116 from July 7 � 2g,65 through August 1, 1975 PARTIAL Estimate No. 20 for Sanitary Sewer, Water & � Stonn Sewer Improvement Project No. 114 from June 23 67.40 Through August l, 1975 ___ _ . __ __ __ ._ __ __ __ _- .� I _ ____--------__ _� � � � s i : � t � 1 � i " , � � � � � � _______ .__ _ _____ ___--- _ ___ _.._--- - _ _. 7fi ' � , REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PARTIAL Estimate No. 8 for Sanitary Sewer Improvement Project No. 113 irom July.7 through August 1, 1975 Peter Lametti Construction 615 Drake St. St. Paul, Minresota 55102 PARTIAL Estimate No. 5 for Sanitary Sewer Tmprovement ` Project No. 113 for period ending July 31, 1975 Dunkley Surfacing Co., Inc. 3737 East River Road Minnea�olis, Minnesota 55421 PARTIAL Estimate No. 3 for Street Improvement Project St. 1975-1 PARTIAL Estimate No. 3 for Si:reet Improvemeni Project St. J975-2 Smith, Juster & Feikema Suite 1250 - Builders Exchange Building Minneapolis, Minnestoa 55402 For Prosecution work dunring 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 • PAGE 19 $ 1,676.05 10,623.15 . 78,907.03 57,705.50 1,765.00 1,137.50 MOTION by Counc�ilwoman K,ukowski to approve the Estimates for payment. Seconded by Counciln�an Starwalt. • Councilman Breider asked what was Project #113. The Public Works D�rector explained this to be the Central AveriGe relief system for the North Innsbruck area.. Councilma Breider asked if this project had not been staked and re�ady i:o,c�o by this time. The Public Works Director said the project is basically dore at the present time. Councilman Brei�er asked if 81 hours on the project ir July is feasible. The Public :!arl:s Director said this is when the lift station work was being done. Councilman Breider qaestioned how many weeks it took to put in a lift station. The Public tJork director explained that this took some tir.�e and said it had tak�n from the second week in June until the fourth week ;n July. He said noi�� the project is in the final sta�es w�ith restoration work of sod and reloca'tion of the fences. Councilman areide asked what the inspector does for 81 hours. The Public Works 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 r:icnth. Councilman Breider said there are an�ther 2•7z hours charged by another person. He said ttiis had confused hiri. Counci man 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. UPONA VOICE VOTE, all voting aye,Mayor Nee declared the motion carried unanimously. I ADJOURNEMENT: � ' MOTION by Councilwoman Kukowski to adjourn the rneeting. Seconded by Councilman �ta Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl and the Regular Meeting of the Fridley City Council of l,ugust 18, 1975 adjourned at �0 P.M. ' . • . . -r!'L Pat Ranstrom Will�am J. Nee. Secretary to_the City Council Mayor • Date dopted lt. �� . � r � �� ` '� �. i �I #� � � � {}a �X I , IY� � � {I 'y zJ Y I ' � I R, � � � � �' , # I i � �r" <<, 1 �' B i � � �:; �. � . � � � f '4_� �, ��. Y I 7 j { >.�p y i q�; � P I a 3' I �in � 2 4 � , i I `. { I � � �. j � , }, t � k �� I � ,..� '�� I x.:+ g � x �� - y��` �� , � � � �1 « ` s k � . a f � •� � � `� � + t i ' a� ,F $ � a � 3., � �� , i.Y r ' i ' � ;# E i � � t 'I � .� �, # . '� a � N a ti I , S * � � k f E } Fn �' � ;� kl � . + � d� & [ i i I � ' I I ^ _ I � I 1 l � � P� W 4 I f ry � A I J A n= � �I a � P 1 � R { ; ; a } is � I ..� �� E � � � , t� � i :� �- �M � ` �+ `'`` � :v � s �<; l� i 'i , f #Y w ,qan, il'`e3C 'F�Ci .:�. � �� , �. � a . � Y � 4 . � ? S :, i . '� } � X , F } , iw I I ' . � k �,.� � � _ r I . � : . : � � ,,. r �. I � . � � � . ��: �. � � s � . � ;P �. . � . . � ;.� b �` I .� . . . � �'" . I �S � ; y - � . . � � �� .. � I : ,�s `z 3 a �� : ,. s d . � t I u�" ` . f �_ �' ��. . . . „ t +� Y' yM . e �.. � � i I ( p � `� � .� �� +' � ` �, R ,. ;'� � �,�..�, � " � i � �; i ti � � �� r �� ` � . � F x ' � � �� •i��`� � �{, ; �.�; �. �§ 1 c, ! ' � � � �q ' �_ t - �f� I� 5; �£ _ - p;. �: � � �. n � ,� � I d } �_ y�d � .�, � ;r; � �' �� , �� ' �� e��#u�� it y �?$ �r�' I'� � r � " � ,,�y� � a ''�" % ' � . . . � �� - '� � � k' S ..q ^�t x Y' �G �. Iyt ' �J' S t ��, �� `'i _• �� .e� a �..: ,y,. s: �i� � .i� d� ;.�r � M� �g�� I` i � �" �` �„� — � � , �� ; x� � � �wr �t . � � � , } �~� �� .: t . �.. .� r � � 9 t�i % r; y ��r �' Y� f .� ' �' .. . . . a:'�t�" �r �: 4�F �b I °3: � a � �t. ��' i i � �' �: � � .. � � � � � �fL.<;.° � �. �� - � � �.�.. �. � . ��:� ,� � ;, �<�,�.�; '��,,:". . . . � .� :: q i ,�. 4: , " � .. � . . . . � �,� . . . ' . � . . . .. . �, .. ��.. . � . . . . ' S r .!,.. .. '. . . . � . I .ti:- � .t ns . �' � � � � � �i . . ��. � � . . .. f �;. . I � . . . � . .. . . . . � I� , f � � � �� a � � �,� ,i . . � k '.£'.� � � �� C ' � � ; � : � �� ,��'�i�� `�� I �-�-. , S�t�Sy$ � �'�f. , , � krY' fiF'f Y iF 'f - ,. . . . . y;�a'� . �. � � � - �:�� = � �,� � a . rr � � � .� �,. SM ��' _ •` � l�.i�� I . t * �� * � '� e:a ' i ;�+ �^ �:i �� . r � i 'fi'; .';+� �y y _, � `. '� t." FF . s . . , .}�.- .� � � I �@r. ` -.4 . . _ � = s� � :i; 3••� } - � ` ��£, ' A � � �' �. . �. .,� . ' �.� , � . . . ' i l. `,.�`!_ b � � �~ ( . ��, ��d£ �� `: T , . i . �,a�f � , - . n ., . . �, : .�y _r;s � w . .. . r � 9r � �? . : � � � ,.�, � .�. �� . .�.��.,�;� z d� ..�A ��h �; ��. :s, 4: �„ x, f " �l . �� . �.� t,, �` _ : t, . � :w fi 3cP �. s � � s3� �.� � �. � � � .�" ; a ` '�i ". . 4 $ ' € . �!� . 3 " � � �s s �-' 1 � - t .. � -' ,�� , w �� ..+� k`' RY ,� , � �{n�.,� �,� � �# $ � _ . y� � � R Ys� 9CF.� . 'yi:: r�., . �+' _ � � ��; � �� .� . �. �;� � �� - � � , � _ � � � � . � � �, :: *�,�� , � � � �� s r�� .� � }�� n � x � ,. � �„�y � ��'. � �� `R,��,,�. " ,''� �,� �' . a � �'�% s > ��i- ,e„ ��E �i�: �` ' � t�: � � � � t s � p �� i� v. �� ix 4 �� § � ,�� _� �,� �� ` � ; .�x ��,.� � � � `k � ' r .� � �, ,� � � i < ��, �i r� 4 ' � , � F p �� ' 4 } � � � iyt' ��n • � �� = K . . � �tt. � . � �.•X y 3*" . . . � � x� i � i ^} h .+ . ' P�+. x:4y} � . '. y� Y d " � �� '3� ��-� �� ,$ ,„� "��y. ��g5- �': '� � � �v'4� � � s 3`i n"', y. a , �" '+� F .' � � � �;� �l � ;, , t . � _ �ty�#'s.k� � �� $°��4 �� `'� ��. Y/ 2 4 " 'is .� ] ��n �-' kr. ' . Y" i �, ' ` . � +*s°� R. "�-�. t . � ��4. b �% '�. , r'"-�� s,;. %d , .T�- � < � `��,� . 3 �`;� � C , Ak .. � � � � ��i � F � �� . �.. � "�' �' re �. �. . . .. ��{r « � �� ,} ,. �} �y � t j Y�. � � �is- ��,��.�� e� F 'y,: . .. . .,F g�` 4��v';:,�,'�,�, � x^,. � �{ ` . _ „ry.� •= �� . & 4!�' "a "`... . .. . ''i�fi+kk 'F�^�" � �. �,«3'ii _ �� r �� & t # �' s � �,� :F, s� ��. . . . �'a�. . � ��' v k� � "`" �� a i �� *: � . � � . . � ,�µ 1 �. .� �- � � &�7 � ": F, y��' � , E � � �� :,' k ... _ � � .. . � � � � . . ' ' � �. . . �� ... � . . . � S � f . . . `' �'isi � . .. . . . . . . � tt' �' h . . . . � - 1� W.YR� ' � .. . . �F.T; ' � � � � � . ' � . . � � � `, � . . . F -"� ��':_��.. � . � � � . . � , � � � . . + : � . r �, •,.. . � � . . CITY OF FRIDLEY PETlTIUN COVER SHEET Petition No. 18-1975 I Date Received S2ptember 8, 1975 object A Petition Asking the Fridley City Council to Take iVecess Action to Nave the Bank of Oak Glen Creek Repaired. Petition Checked By Date � , Percent Signing , Referred to City Councii ' Disposition I ' �---r: 1 � A PETITION ASKING THE FRIDLEY CTTY COUNCIL TO TAKE NECESSARY ACTlON TO HAVE THE BANK OF OAK GLEN CREEK REPAIRED. � , . We, the undersigned property owners abuiting on Oak Glen Greek hereb � petition.the Council of the City of Fridley to take necessary action to correct the washing af banks and other damag� to Oak G1en.Creek, and � � to take such action as necessary to insure the damag� to a6utting pro e rty will not happen in the future. CQMMENTS: ' It is ex ected that inasmuch as h' p t�s problem �cas caused by dump�ng st rm _ sewer water from outside the area (Oak Glen Creek from East uiver Raa to ' the Mississippi River�, that the corrective action wi11 be done at Ci y_ expense. It should be noted that all of the area lying north af ��rd Avenue, west of Highway 65, south of Osbarne Road, and eas� af �he ra'l�oad ' tracks is being drained into Oak Glen Creek wit.�aut any effort ta pro ect . the bank. HISTORY: . � ' A 102 inch cu e -� pipe.or lv rt has been �nstalled under East RZVer Road. A 72 inch culvert and 36 inch pipe have been installed under the railra d - �' tracks. The pipe leading east from the rai1t~aad tracks is 6Q inches n diameter. This 60 inch pipe runs from the railroad right-of-way to C mmerGe Lane. The storm sewer work done to serve iha� property iy7ng wes af ' Uni versity Avenue, east of the rai 1 rflad tracks, no�attl oi� the ex�ensio of 73rd Avenue and south of Osborne Road, and �tas dane under Project No„ 9:'and was completed in the fa11 of 1966. A 48 inch line c,ras ins�Galled runn ng ' east from University to serve Melody J�tanor. . This was installed under �� Project No. 24, and was compl eted about Apri 1, 196Q. The property z edi ate�ly adjacent to Oak Glen Creek drains very 7ittle water into �he creek. ogan Parkway drainage runs directly into the Mississippi River. There is nly a ' smail section o.f storm sewer pipe in a sma11 dr.ainage area that drain � - directly�into Oak Glen Creek f rom the immediate area. These lines we e installed by projects other than the projects noted above. , � !/ _ i- �. �.r/ � ��.`� ' / _ .`�' k� i ri n _ _ r� � • . �--[ .�w .. C n. - _ .� r 1.- t � . � � �i 1 %�.�`/�f"i/%� .�1� � `/. � �� i�r / V � _�. C V� �?`"' 7 5�^/ / C� •�/'1��i1�r� / 1 l�.til ii'S�CJIJAAA r� / `^�>� �.�.� a `� �rn.��S�.c:, b � � � . r.� ' � � � � ' r F• � �� `� � : . � ' ' ' ' � ' � 1 `1 ' ' ' � ' ' ' ' ' �/ i � �---^ i7 ��z �D \ / � �_ � �. � � � r � I.� . � ruiarsi�a.��..y:�� ►-� `��,;,,�.�'� ,�I'��"' � � � � / � .� �..�� .'_� .�� i` /� . � ,.4 � ' , _ - _ / .�. ' . ■� � , I �� - � � �...��,. ��I� - � ` - � . �y �! --- � / . ' . �.,� � �� , _ , ., ,� � �'� - - - ' ` � I � �� • � ... ��' �- , . , /. � / � � - -� �� -- ' -�� . , � �� % i , _ . . ,� _ � � ,+�� ' _ � . � � , /,,. _._ _, f � � ��..-�, _ - . �- �[�o t��c��e . � • �A � 6431 UNIVERSITY AVENUE NE ANOKA COUNTY August 27, 1975 560-3 FRIDLEY, MINNESOTA 55432 To All Praperty Owners: The City CounciT of the City of Fridley wil7 be considering proposals by the b1innesota Highway Department for constru�- tion of noise abatement structures along the south side o�F I. 694 between 7th Street and Madison Street and between Fillmore Street and the east corporate limits af Fridley. P]ease be advised that there will be a public information meeting of the City Council in the City Hall at 6431 Univer- sity Avenue N.E. on Monday, September 8, 1975 at 7:30 P.M. in the Council Chambers. Minnesota Highway Department repre- sentatives will be present to answer questions regarding the noise abatement improvements. The Council would appreciate your comments, made either in writing or personally at the'public information meeting regarding the construction of noise abatement structures in the above referenced area. If you know of anyone else. interested in the improvements, please pass this infor- mati on on to ther�. � RNS/jm n S�ncerely, Engineering Division City of Frid7ey 0 1 ORDINANCE N0. AN ORDIN�NCE llNDI:R SECTION 12. 07 OI' TIIF, CITY CHARTER TO • VACATE STREETS AND ALLEYS AND TO IaM�Nll APPENDIX C OF THE , CITY COD� The Cauncil of the Ci.ty of Fridley does ordain as follows: SECTION l. For the vacation of an alley described as follows: All of the east-west alley in Block 15, Fridley Park Addition, All lying in the south half of Section 15, T-30, R-24, City of I'ridley, County of Anoka, Minnesota, Be and is hereby vacated, except that the City of Fridley retains easements for drainage and utility � purposes ove� the alley herein described and � vacated. � SECTION 2. The said vacation has been made in conformance � with Minnesota Statutes and pursuant to 5ection 12.07 of the City Charter and Appendix C of the City Code sha.11 be so amended. PASSED BY THE CITY COUNCIL OP THE CITY OF FRIDLEY THIS DAY OF : 1975. ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Fiearing: Aug,ust 11, 1975 First Read'ing: �u�us- t�8,� Second Reading: Publish ....... MAYQR - 6UILLIAM J. NEE . �� 2 le r`�;.,.!'�o V �. 1 7u � ,�;`• ;� . , .�— �tii.. " , �li .,, b �,J � ., 'S � It � . �'o 'c .. ' . ` 8�'� y�Y.:) . ._._ tt ��"�-�---�-1 , S� •_-... ._ - � � -� I1II � , ` ,..n � U ��r...^l i R ` f � •. , .. .' . � � ._ J�'.1:1�!� •��i t � _ �f}� -I1 i <rcr��,%`-f �'^�^--- '. , �� -. � - 41 � {�i; �:�-=- � �5,`! ..-y ';� .,. . ' �i �. - .. 1 C� 2 � � ; I, i I ''� . t � � d-� � - . 'T.�'. '.,y O� � � � � _ _ . . _%y ��-., � . �1`� � i � I � . � - .�, '�� b'�"'� �.°�- �.};� � a� -_--_-- —`�---� s ' 'z � �yl , , �' r-' j'� b � �� -�s � �,j Ul�t /..i f ` f � '` �7 �20- � ; �$ c� _ ,� � � ' . i /.r.. „ ^ . . �, '. . � . y I ii � cZT�o� . , 2 7 b - � � _ � �'� � -- !''_ _ �� `. I��UO� "J� . � j��• .`\ T -'_ _. _ ___ r.._�„}�, .� s ' . , �� a-'� ,G�� c Y `t� c _ '�DT ' ' ¢ - � [/j `/� /!-' _ : � . �f8� , � , =�=�-.- . -��.� 6 � , // a � ' � � � / � �7 � f �5 � � � e�+-CT'r'r'. . � 7 � i ' l � '.� !"/��• � Y,�,7.''� [7�1 t• � _ ' '�f • :, ' ia.�° `Z � ��..� � g ��v �� \ �- � ` � 1�'JAY � �. �'yt � -�rriz , ; ' ' �..s , �d �°c� . ' 1 � � `�r � � �"� t; �_ ; °� � . '. . y E �. � .� � `!� S'1 i..l , ^, , , , .. .. . - • 40 � � � �• 2��. �s ' r., s'''.1' o� h S E • ' b • /!. � �"a i -. l : I ' . I ' �. ' `,,' V �h� (` � ''��- ' a �/ `.: �f . � /: ��'j � , � I ! i � U i^� � "��*� '^�, �1� /: -' t, p`� ( _:�+j'a', i� v7// n/D M� 8 7. 6� S i'4 3 Z?� / � i . �, , � , 1` � 1 y . %r .ii3 ,I ' , � i I ; � '�_ 9 ,3z.:,; , ,,, �� ,� 13� "�a ��;��1 �� ;_ ` �' .� .. � " j I �:'� s 1 : s ` ` � i� � .� ',1 '1 � �,..� ',.,^ t ,�, -. .. � I ,,,�� ? I i �, l ( '��, J � , a �' : t i ' � � /t; "'/ �.? .23 � '.ZS `6`• ,Z' � ° . o i � _q,' �t !�:.�� 9 ,ZO .c. .c. -� , i I i V�i�� °� 1 e � ��—.",, _ — ,� , � -_ �•' ( 9 l 5 ' � '� � .` ` r�� ` f ^f� t y I ,,,///�� I I � ! � �� t.� y��^_ ; �' ��{ ,k\ � Fr'� i � 1/ I � 4e �y�, ��' �; :ai>�-�`� ..�� Y � . J nj T ,�-� � � ��' . � � . � o I I ' . �i ta � �j f�/ o Q : I �_� ' 'a v�Pl ��,. J7�?(, . . 1 J� `,�LZ �? �� . § ( ' �•s � JJ �OL. �av o'^�a t � ,��I M� � � I � 0 � � � ,U •� �.` ,� � ��'� � ,V ` ;, :;� ✓ L �� odr � � L.t_i I • . . . � . , . ., ti•O sJ.: � i' ;:. I � ;, v 1 �� - � � � � � �2 �--�-- ~� a -��` 'D � Z � �' � ;� �? � �- - , �o'� �� Z �� ,� �; ��•�`'��;�s��"��t�` ��--�--;`3�?°��'°t`� ��,'j� �I � :��%D 9 �8 � .6 S I9 `3 i,Z•� / �;' � 'F,�i�\ �a_�� -^- a (y 1-� •• '� � �� 1, .' 1 � 1 ', I �!,�, � ; I��j � S �!� 1 r�� . �� .�i �7 `,�t ? y � � f=�.,�-_•�...� �r^5 i `I � � � � � � ; i / /6 ,, -If3 �_- ,z � � � �. �2 .. /.. :` T � ; ce" . � ', , ' �." ti I' � �i'�{°� ��3�� 1-11 b,�,b �� I i � � ;� t � t.> 'j i� � o,j� > � ' � ; �z ' � 9 � /.S �; / l7 / ?� %9 2� ,� � 22 I ,. i y� I � o .� � , , � �' �I � ,� I � � , � ' � ' � ___--- _t,3��_;�C3. —i�{.�. � �, �J a.�� `w t y��' _ w � _�i `' - r t. . v � � a� _ _ � -.-i ,-�� r - . ��+�J �.�.`-' �.-� r .. .1.� }�, } i - ' S � i t j , i r � _ _ _ __ �:j �, 3 '�_��_�-�� i � �r?:. � �+J �.tvFj�!�� ."�! '�V� �i� r.l 'C (�'.�., .�9i .I�� 4��'Y o 'I �� I C� '.l S � �' r ; . b� 61 �i � � e � � : � . . ; : ; ,a � � � " I • �nv <,c�q°�✓�j,..l.. e 'L-`�( � � �`� , 33 y,.�i'�. ��., , - 'lo� � �Q «1 � �� I��t` i _ - i � jT � � ;r 2.�' . �, �; � �� ',,' . � � , - �' l 'y /� l . , ` �,q �: __.`'� . 'r'J -- ' Y!. � ' _�`�.t, � �� J } � .'a, 99 ` � �-r.iv ,__..�� .��+ ".,�� . i (.� �: �� ' i+ � �-' y�7s.� �yliy� v��31�� i �, � 7j�v`Y �°�l�/t)%9 I$ � I� .7 !4 3 12�� . � �i� __'_ ! G�`K-5 j`� �� °�'� ^� �,w �° � ,,�, l � { i ! i i' � '� � �I �� .,� , (J � z.'� F , �+ � �� ,L . ` � ' � '� i :.. � � i ,� . 4 �1' Y aa.. ' i= � f�- � ? .F 1 � _j "e ` '` " �A � ��l ;, � . 'r`o �, � �� - � �� ' ��.' � � � i I „��„ . r . ,.�,�-d'a"` . ��t � � . 1 ', , y i� i 1 � -_-. . �. ��` 1 ,_�, � � l� � 1� '^ ,, � � � � �..�� ._ C.'i �Vr.s-Y ' 9.,.. '.R� �� L� � , •._j, ' � I I I bi i �I . A' .. . ,3 � �,.> 2 � '=� ''.'�� • �',d0 " ,.� Lv ��:�� 2(�G' a. , .�z�lj3 '�./9,��./S �!� �.1� . /8 I,l9 �,20'',Z%i,2,�"7 + ` � _ . � � � �; -.:�� 6 a , ,��7., N�, 11s . l5.,'��;.�� . -; ? 21 t � . � �° �'�2�1i � � � ,:�3 ...w� �,, �_ o, ., � -ra ^ j � ' , �� ,�s >; ' , ,- �� iY e i I � t. ;' :� ;o--.--�-,--..,r;,,Y\J__ ,� , G 21�1 � � f,,.�,� oY �, ;� �2 i/� . . � �i b � ; � - �� `��,�iir` �tf�C�1'*�H�L��, ��,�'��V :� -� n�O p'� '� ��h, �O ��..� i ' D (I ``~ . . _a t� << ^/ �� f- � � I� ;ti�—= --�— R,� �I� (p 7 � 8 `�T 6; 5 q: 3 2��; J � i V ±' - ff � . � '�Y } u� � � , � ! !, � � � �� 3 2 � �2� �I 2°��' A � � ^ � �, � �� •'�ii � 4j� �; r� .,�..• � �� ,z ':�: , " , � , `� �.� -'z -��, � � �� . .,''' , . .. .`rv.+- ti �, i �,I"]� ; ; ' , ' i I � i , ..9 '::, t` . � ;----d�: 2�-�."`; "'�� izji3� 'is` �,n: s��9'�.�bi?� � e � -i a: 1�U l�n ; 'l�d � .,- '$ l� �:;� � "' �� ` ,� � Kq 3�, �;�.. `� 35 , �.� � , � ; � ,rT 1 % t . : p+y u � � 4 k� I �n ; . � ` '�� a�- f; �� s � � ,T� o�iap 8�2�_ � f .�G �1p ,%'�%�b , �} `� ,, �� ; ,/ i / A'� i �-r , I � ' _ o .. P,' � ' // _ r � n l "- . _ . _ .. �.o v� . . �;� ' ;. .. %�!J D p � '� s � , � �I � _'��T BL.e de.o /es, iin.o �.. � -i�� .i: �t /1 �200�'- � r�� '.♦ S;,♦ i ^iL• ; �.'n !` '. � � 1 �'�1 � �v � I ;C \ �� : Js►,.�.j; iV . � v p� N S' � ••/3.:Y.2 // D` 9 8 7 6 S'¢ z°`j I ' a vl ��I,;Ar.,,;_.^ ^ o� ` �4� v I,`, i .i I I � ' 1I•`V \ ! � i * q ^ ^i i i q • I I � I \ '�.\ � iI �I � . � � 1' �: � J' � ! w , •�: Gi I i I �� r -- .��j�j� :I itOti �%3 17� �� 1 ��5 � ��74 ^ � y K�; � , � � • �,, �•,•;, U .� � � ,� � o '; � ti r� �, � �. :• o �: � e I ! i I ( � la �, \ n � ` ' C F� E J G E J !c° !?� I � � �. �{ � � � � ' s is � � ,� i�s i� zo I zi !zz �za � .�, , z� � ,' v .. ,,, E� t!� _ ,� f yre � A�. ��:. �'i.• di,s 1'�i � ( .�� • �;� ,, � , /gy � /�' .�f/4'�� IQ;r 1 �� Il, .� .,�s �'� � , � in g ; !7� , � 6 4 �b" w; � z ; : � �I :;' ._ . � r , �..�; , ,��, , �2 - ;. � , � ,� e ,� 1 �� . � ,� t i � a � 61 I/2' � ' " ��. ""� - b"� ��; ��,, �� . � � �., i�.,� r � � � / � t� /'� I .ff� .:�. /ie 'i.� 91 • w . . . . . . I, • u 9� \, n� ��( � ��' <!• T If.• �� JA♦ � d1�• � /t• ��SJI vP; ; O, 1 + � •.,\ V p . ' . I � �`� `; � � � � .... il � �l I ` `s' l Q '!� I J� !r �` � 'I r. � � �. . � ^il lI �i ;..� +�.� /1 � /E * /.� ^., � ' •! � i � �...+ � �� (Y % 6 � . �� \ � �� rL��' � — .�� i I< i i a' � ... � .� ._. ss.' i .� _ �. t �� .i rt 9 i . 1 � �. � , � � � � � � � � � � N1EM0 T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N.. Sobiech, Public Works Director DATE: September 3, 19Z5 . SUBJECT: Innsbruck North Townhouse Development Proposed By Daxrel Farr Corporation As directed by the City.Council at the Regular.Council Meeting of August 4, 1�75, contact was made with the Department of Housing and Urban Development (HUD) regarding FHA funding of the referenced developrr,=.>nt. Attached please find correspondence from HUD regarding this development. Discussions wi.th Mr. Darrel Olson, Subdivision Appraiser wiih HUD indicated that they want a statement from the City of Fridley regarding the.proposed development. HUD does not want to become involved in planning developments for local units of government, therefore, the only item of real concern.to HUD is that the new development have public streets. Besides suggesting that the City have access to the public streets in the new development, their only concern is that ihe streets in the proposed develo.pment be publicly owned and maintained. � � . � Since the private streets presently existing are not typical City streets it i.s recommended�that the City not take over any maintenance on the private streets, but merely use them as access to the proposed development. Specifi.cally, a letter of understanding should be received from the North Innsbruck Townhouse Association (NITHA) which. authorizes the City to use West Bavarian Pass for access to the new development. Also, that use of West Bavarian Pass for access would not obligate the City for any ownersllip or maintenance of 3 . � , , . � , � � � � �_ r � , �J � � � MEMO T�: Nasim M. Qureshi,� City Manager DATE: September 3, 1.975 SUI3JECT:. . Innsbruck North. Townh.ous�. Development 1'ro�osed By Darrel Farr Corporati.on PAGE: 2 the.roadway. Discu.ssa:ons with M�. Mike Ertel, Presi.dent of the NITHA, , have indicated that a letter of under�tanding of this nature would be consistent with tl-ie NTTHA's effort to cooperate with the developer in completin� the townl�ouse development. It is reauested that the Council consider the proposed townhouse development at the regular Council Meeting of September 8, 1975. It is xecommencled that a motion be adopted indicating conceptual approval of the proposed development with the following stipulations: 1, That the proposed development will result in a decrease in the number of units from the originally planned 118 units to 68 units. 2. That the develo�ers will provide appropriate notice of the noise �roblem associated with I-694 to prospective buyers of the townhouse development. Such noti.ce to be indicated on titles of property and building permits for the affected proper.ties. 3. That the streets in the townhouse. development be publicly owned and maintained. 4. That the publicly owned and maintained streets be constructed to the City standards to provide adeauate service to the proposed townhouse development including emergency vehicles. , S. That the publicly o�,�ned and maintained streets in the proposed townhouse development be constructed to provide turn-arounds to preclude the City using h4eister Road and E«st Bavarian Pass. 6. That a letter of understanding be received from the North Innsbruck Townhouse,Association (NITHA) authorizing the City to use West Bavarian Pass for access to the proposed townhouse 3A 1 .. . , � . � .,�, ._ 0 MEMO T0: ' Nasim M. Qur�shi, City Manager DATE: September 3, 1975 � SUBJ�CT: Innsbruck North Townhouse Development Propose� By Darrel Farr Corporation PAGE: 3 � development with no obligation on the part of the City to owri or maintain the private roadway. 7. That if the NITI-iA requires any additional consideration , regarding the use of West Bavarian Pass by the City for access to the proposed townhouse development, the NITHA will negotiate with the developer to provide upgrading of the private roadway, etc � 0 �i P.�Mewr op � � �* Q�O�� * �Q �� r=W .��I � , • y��3nao N�°ac REGION V � " 300 South Wacker Drive Chicego, Illlnois 60606 DEPARTMENT OF HOUSlNG AND UF:BAN DEVELOPMENT MINNEAPOLIS—ST, PAUL AREA OFFICE . GRIGGS—MIDWAY BUILDING, 1621 UN�VERSITY AVENUE S7, PA'UI_; MINNESUTA 55104 AUG 18 197� , Mr. Richard N. SQbiech Pu'alic Works Director City of F'ridley , 61�31 University'Avenue Northeast �ridley, Minnesota 55�+32 . , � � � ' ' Dear Mr. Sobiech: Subject: Subdivision No. 3335 Innsbruck North Fridley, Minnesota 3C IN REPLV REFER TO: FTS: JG1G The sponsor oi the captioned subdivi�ion has rec�uested that we ex_plain to you ou.r position with respect to-streets in this subdivision. It is our opinion there should be at least two publicly owned and main- tained streets which are safe and suii�able for personal and emergency� vehicles. Our inspection of the subdivision makes us belie�ie that West Bavarian Pass might be su.itable as a public street. However, we seriously ques- . tion the sui.tabilit;� of Fast Bavarian Pass and Meister Road. All of these streets are relatively narrovr wit,h garages settirg almost on �h� street right of way. T_t taoald appear there may be a problem with sr?ow , storage during heavy snow falls and the plows would undoubtedly block many of the driveways. �� ` ' • � � � , � �. � We_feel it would be much better if one access could be provided to the west connecting with South Danube Circle or connecting to th.e east with some other street in that direction. . We would appreciate being advised of the Cityts feelings in this regard and in any ev�nt will require a written statement from the City indicating that the streets T,�rill be publicly owned�main�;ained and are considered adequate to serve the deyelopment including emergency vehicles. If you have any questions re�arding this dev�lopment, we would suggest you call Darryl Olson, Subdivision Appraiser, 7�5-47�2• �'Yioma� T. -F'eeney Axea Director James London, Darrell A. Farr Development Corporation RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1975 Included for Council Action Are: Human Resources Commission Minutes of August 7, 1g75 Appeals Commission Minutes of August 12, 1975 Planning Commission Minutes of Augus� 20, 1975 0 0 �i .1 � � � . I�I'i',:�rRS P.tl,:,l:i,'1' . 1'E'I�i;3F,?:� /�.'SS1,ivT . 0`�'�ii�i<S PRr:SI;I'�1T ; t�Itir7n��1 rz,s�?z��;,c7�s cor�i��zs::�o�� i�U GU S'.0 7, 1° 7::, 4A I.�ax�c�ld I�el`lzni, Wil�_ia;�� Scott; �r:�.ce J�ynch, Nazicy La.rr�b�r�t 8�:��:�bara Sl�ca Dor� i�ars�i:ad -�'.re�, . Clia.n�ber of� Commer�ce 1'c�Lcr Tr�'u�..n�el_s Jane SimonE>��tz Uda llace C. O:Lso�z - Seizior Ci�L=izen� Fi�an}c I1ova}: Douf; Hove_l;,on - Mpl� . Da:_�ly Amer. ica.n Lee Pan - f�.noka Colil�.t:y Heal.tiz llepai� tmeri�t Andr�ea Ri�be.n�tein - I�iPJ Tenan-�s Union rob Y.rebs � . l�g n e s tnlo 1. L� .'��ci�i� Gai�affa Nick Gara_�: i a How��rd I�i�._;�tson - C�t�= of Frid��_e�= }:yron 'Lal��er •- Arioka . Coun�t:y Heal_th De�ar c7r�erz � Ch��r��nai7 � Scott open�d the inee�t:ing at 7: 3 5 P. M. 0 I' ii�`l':10N by Nf��:icy Lamber. t to renumber tl?e a;enda so �hat �_terns f ive a?:d s i x a o l]_ o c a i� t e m n u m�> e �� t w o. S e c o n d e d b y �.race L ynch. U�on a vc��.ce vo�e, a1_1 vot:ing ��ye, tlie n�,o �i.on � cari�ied uria.r�.i.mously. , i � i��Ii`IZT.�'SCTr1 TE1�?ANTS lJ��?TON � 2'OTIOi�t by I�arold Bel�um to receive the � le t-ter from �he i�ild Tenants Uni_��n . ;;ecolideG by Grace Lyncri. Upor� a voice v�ote, a]_1 voting ay�, ��ie moti��n � . ca:�,ried unanimously. -� � ` N�TION by. Gruce Lynclz to receive the let.�ter fro��i th� MN Ap=�_r�Lment ll�soc�_ation. Seconded by Tdancy i�ambert. Upon a voice vote, a�l vo�ing � ay�, the nlo�i:ion carri.ed unanimou��ly. � M.r. Scott �xPlained that the P�1i�1 Tenan�ts Union has request��d �i.ha� Pi��_dley mal:e� a co;itri_bution �Lo .i.ts organ_iza�tioiz foz� ser�vl.CE'.S 'Llli'y �-aa_l1•� rerde?^ � �n the. fuiure. He �c?ded thut �the Counei.l has as?<ed fc�r� the.� Cc.�mmissior•'s x�eco;r��nendation as to i.his ma�L ter . , : J�r. How�ird Niat�tsoil, Comr.iuni��r L�evelc>pmc�r�t Orfi.cer, exPla.lneci. -i-hat �.i�: th�, pre�ent ti�ne, there is no money• bei.n�; spent on �Lh�:�. He adcled -Lhe Cor:imi ,s:i_oiz, should �.LJCLLJJ �7hie7� }cinu� of �tiiings tliey woul.d li)c�. to se�� . tlle mosiey� p;o towards . T�iis �ai:! l�;� �to the Planni.n� Com,;nis:�ion an� �t:�h�n �. i� ' wi.11 1�� JCalt �ai_t)�i by the Council . . Mr. 13el�um a�ked w}�et11e?:� any other com�i�unities were �pending ar�y mcn�y � �or 2�wna» resources deve:topm��,�.t. Mr. Ma��i:s�on eaplairiec� t�h�t� ti�ie s�:at��' i�� I�resc�iitJ.y a.rive �ti�a�l::in�; that. 1Iow��vei�, hn sai.d liG clid not beli.��v�- : . they we:.�� . • � � � . . .� ,' � � ., i �-, � , � -. . . ._ : �B Iiuln�a.n .I;c:.,;otix�cc�; Corrui;is�icri, Au�;u:�t 7, 1�75. � P��£�� 2 Ancir. c,.� I;el�en ��:e:in of �Lhe I�111 Teziar�t., 'Jni�n �l.plai.ned �Ll�iat Pr. esent_ly, . Ifii.:��nc.al>o:l..:�.:=, is funcl:i_��; se��vice� o.f: n�ii•--city rc �iden�ts. ThF� Uni.on is •as}c.i.n�; lhat each c�>rn;nunitv contr:i_but:e a rertai.n amoun�� of, funds in order �lo �crvc -tha�i: p�:ir-L:i..cular co�n:r�.in:i_ty. `I']i�y are a�kin�; t��at. Prid1F_�y con- �lril�utc� $ 2,100 . 7'?�c tJnion .nec�ds mo.re ��?znd.i:n� in order. to contiriue �th� ser. vice� that i-i� ?�ias been r�ci�cierin�; . Tl�.ey )zave been r�ce:iviri� al�out 2.0 . , calls a r,�onth irom t'rid�_c:y resi�.er�1�5. ' Mrs . Larnber-t asi<c>cl �al�i�� the a��ar�tment d�Tellers can' t pti�l i.n a f ee -to fund this unic�n . , . I�ls. Rubc,r�s-Lein explained L-hat they do receiv� som� funds from them. F�o�-�ever. , i� is not enoup;h. � , I�r. l:rebs explained �t}�at l�.e �aas onee in a si�tua�tion in u�nich -l:he Ti?1 Tenant:> Union had., helped hirn great=l.y . H�.s a.partm�nt had f loodcd rn��.z�,� times_, and }��.� landl.ord saic] �i:l�a� he wouldn' �t r�ceive }Iis $lOG de»osi.�L if �7ie moved ou� b��-fore tr�e :ieas .,-Jas u.P. ��i.Tra help frorn �t.he ;�IN 'iei�ants Un_i_c;n., hc r.eeeived hi;; $lOC? dc�pos�_t and caas a;�le ��o move out. He stroi�.�;ly reco.�;;�!eridcci �::r?e Tenants Unio?�i. '. � rir . Kre.bs added �t liat h� had callcd s�id tl.<<t a11. he could c?o �•aou,_d bc �1'her� , l�e n� v2r ai�i�:ived . th.e . f' ��,��e.y Building InsPec�tcr who to cc:. o�ut and see the ulace . - t°ir. Mat��son ey�l�a.ined th ��t. there are maz::; ��.reas such as this �n ��hich tfia C:i_�t:�� car�n��i: �;� i.- involved.. It is ver�,� ;1a_ff:i�.u].± for. the Ci�i.y �Lo ge�L il-�to p�oblems suclz as th�� and �;��1 �:�esuJ_ts.. I�:r. Sco�i.t explair.ed that the T�iT�T Ap��r-tment l�ssocia4ion was anot'_ner � or. �ani.zation f.rorr �-1�i �_ch servicc�; sur.h �s this are rendered . I�lso , tizere is no char�;e . �ie had coritactec� �}�A �r . c, Depar-t?rielit c�f ;lousi_ng and. Ur�ban Development and t:�ey had prai_se :��or . both agencies . ! 141r. Garaffa said that the re�zter i_s paying more ta�es t?�an tlie home-� � o�aner o� Fridley. This would equ�l �bout $10 per pha�ie call. ' Nancy La.ml;ert e�plained that since many•of Fridlc-y's r�sidents live in apai�tmen�Ls , apartments �ahich will be soon rea��i�ing 20 yea _rs o.ld 5 � its pe�:�ccritage of complaints will_ go up. ThLi�e_�ore, Pridle.y �a�.]_1 � probaU:l_y be c7.arg;c.c1 mare th�_n 2 thousand dollars in the long run . Slie felt that apar�tm.ent dwel_1.ers �aould be willing to pay the $1_U service fee iri place of the fur�d:i_r,�.. � ' '. i�10TI0N by Harold I3el�um to reco�nmend �to the Coiincil a.ppz�oval 01: t'r�e request by the r1N Tenants Union. . The CO]?11111SS1OI�1 discussed the .fact that nobody has any .idea how much money � is availab]_e for atly�tliirig. Mr. P�1z3ttson sa:id that the Cc�mmiss:iol�. shauld view this isi a sei�,se t}zat �:hey must 'riave a set of. prior.it:_es . Mr. H�trs�l�-td s��_d. that h� felt �l::zt mo;�t people woul.d be F�illing �to ��.iy $1.O.fo� som�� st��:�vi.ce �f they d�ici nUt �,ish io u.se free sex�vice of thc ' � .., m 0 . }t�i�r�,:ii� J:csot.ti��c:cs Cc�rrima.;;��i_ori, !`�v� i�:-�t %, ].�)'7� � � _...._.,_�__� .__--__�__ —..__- .____.____..._.:.._.� � ' ' Page 3 1'� rii.:caPol:is n�,��z• trn<�z�t A.� �oc:iatic��z. Ii�� :Lso fe�at �i:}�.c� comrnwz:i�t�y shoi,il�! solve i�ts k�r�c�r�7_c:�ns w�i. tliiri tl�e corr;murii_ ty i.C� pos�ibJ_c� . Mx�. Pc�l�u�n t�J:I��'III)l:t'`�1 H:l: � T•10TI�)?t. � C tJ'.)`J.'.I.(%1'f ll� ��7:'�:iCC'- 1�j1T1C�1 tal.d"�:: `�:�1C' ��UJ113.i1 �:C%�;OUY'CE+S CC)111IR:LSS1Qi� Y'i'C:O?iIi71E'.T1C� �:O �:}�c, C;:i_ t;T Couz;c:i_:l. disap;;:.��val_ o�� thc requc� � t. ]�y �tl��.. MN `l'ez�i�.�z t.� Uri_i.ci� . 5��-;:;.,�i:�d ):�y ldarzcy Lar;il�e,z�t. U��or� a i��i1_ ��.�_i vo-tes Mr. vel�;u.,i voti:np; nc��.�, , �i:l-ie moti_vn c<zi��.�i_ec. unani_rnou:.>1y. !'�ald�` ��;:'` COU��d`:['Y i°1r. }3yr�o.i .La�:c,r c�f tl�c Ario'ca �Col}ri1�y I-Ieal�f.li Depar-Lmcrit expla�_ried tl.at •t3�e de��al�t�n��ni� is doi11�; a yeai� 1.on� rr�oc� ss ta d�ter�nine hurnan serv��.ce nced�� •a�_-l:n�.�l !-�i�o]ca County. It. �ta�r-L-�d al��out Marcl�. �Je. ��.i��1::>c.l �=1:a.-'i: i. L" is �}�e:i_z� in ten�t; �,.n to c;o to . cach of the 21 politica]- ;�u.t-di��i.sa_on� i.�. P.:�oka Cc}unty ar�d ask tl�ie,n to cietermine t,zeir ovar n�eds . ��- J 1r C `_� P , �� ,_ g.�, H�� ;a:i_cI tr�at �tl;c�� are a��znoac:�ii-�-, each oi tl-ic olic� un�t � cai e a c.r_c:��s ; school cli,tr.icts, etc. 1-Ie ef;p Lai�:n�i. �.;�at they ar•e asking each of tl�ese grouPs four maj or que.s L �o?Z ; . . l. T�is-t of ]�uman ser_•vic� needs ti�a�L yotz i��l you have. 2.. [�illcse r_ espons.i_bility �_s _� t 1.:0 :��esponc3 to those needs? ' •�. y�l%�at �:�;��^ci.es are now r�snox�di.ng �_� t?iose needs? . 4: tJhich o.f. -these agencies cc�uld• bettE�r rc�spond if they had more mo��c:y, ' t_-r � . '. . . mor�� sta � 1 , e�t.c . ? � These response� ai�e bei.��g cornp�__-ed in ord�r_ � �v d�termine 1�hes� humari � service riee3s. • � � ' � He a)_so explained that the Heal�t:h Peparfim�nt ls tr. ying ia hreak c:o�ar� , t?zc�e needs into general Jcin� s oi co:zrl:.iling. Presently, si�. dir.fere.:�.t agcazc�.es are Y�oi�king o�� this . . � He asked �}l(� COli1ri11SSion tv r�s�ond t�� eark� of the four questions abov� «z7d gu�t back to him. � �. I , ' � PL,r"11vi'1:C?JG CU?•ti°I�; SS.T_OI�I SThUCTL�Rr r1r�. • Scott ex�?:La.i.ned �tl��e n�w stl�uc�tl�re o� th� �'lanni.ri�; Conunission. �ie c�x��1.a�_rled th�3.t tl�.x�ou�;lz th:is new s�tY�uc:tux�c, there w�11 be a gi^eater ' aJr�ol.int o� cortmur�i�c�;t;i�n s�,nce thc: chai.r.•men of the mFmber commissioi:s serv�: on the T'lannin� C<»rimission. � ' ' ' '. ' � Hu�n��n IZc,;c�t�l��ces Co;�u»is �.i.�n, l�u��;u��t: 7, �975. �cl �; E? � i . i � ; � � COi�1?�^I �`�:C01�1 CO^��`:1J��7�Cl�'I'lOPvrS � � . � � � . � i:r. Sco�L1: ext�]_airic�d to �the Corn�ru_ssion �-�nc1 Pi�ajec� Co�r�_�ttees tlia-L tli� � staff ha; sc��i: up :�iJ_es ior �tl.e IIun��i� l�e��otir�e� Coraunissioiz in whicl� a�.7. corre �po»cic�icc a�7d records U�i 11 be k�p�: .�_Tn thi� way, the persons on �ll-,e com�rii_c�siori an�.3 �:�r.�oject corn�ni�ttces �ai.11 have a greatcz� access to � rna�Ceria.l l��lia.cl� oth;��wise, t}iey rnay never see. APPOlI�TTT�T:ii7' PROCESS �i0']'T�I1 by iIarold �e)_�;um. Seconded by I�aizcy Lamber�t tk�at: ��1her.eas the Hura�:in l:c�source:� COIIlIll'1SSion seek� to fu1f-�_11 its re;��.cnsibil_i ties wi�t=l�. �L-hn greatest amount o:i ci�Lizen par�Lici.pa_tion an� inpu. L possible tc �the Ci �y Plannii��; prc�cess, -therfoi�e, 3e :i_�i: r�cso.lvcd �'eter Tru�nfc�ls, 5�EG0 7ih Street N.E.., Apt. �72'�, I'i�i.c�)_��y, J::�T 55432, 561.-8�1�., is �ssi��ed to thc Cit�izen Grieva...�e•- Ornbuc�sman pr. oj ect comr_�i�t�tee for tne plzr��ose o� developin� goa Ls ancl ol>jec �iv�:s for the Co,nmi_ss�.on and to �izi:�orm th� Com�,iss:ion, at re�ular. arid specia;.. ,neetings, the aci.ivit:ies �and e�forts of th� committee. Upon a voicc, vote, all vot�ing aye, the motion cai^ried unarii.mously, ' P°ii�TIOi�T by I�:.ncy Lar,Ibert 4 Seconded by . Gi��ice Lynch tha-t : �' ' ' j�d;�c�ruas the Hun��.7i Resources Com�nissir�n see)cs to fl.zl_i i.11 its , �•est�o��sib:? )._.-i_t.;..es ta_�_th the gr�:ate�t ar�our�t cf c�_tizen p�rticipation and i��put possibie to th� City Planni.i�� pr_ocess, th�rei�ore, , Be i�L re�olved Jane Simoneau, 1+65 57th Place N.E. ; i'ridley, I�i�1 551-1�3�, �?1--5268, is assi_gned to the Recl�cation nroject comn-i:i�t�tee for the purpose of d�velopin� goals anci abj�ctives for th�� Comniission a�icl tc ir_�orm the Co;;unission,, at regular and special meetings, tne ae��:iv.i �ies and etf.or-ts o� �the committee . Uporl a voice vote., all vo�:iii� aye, the motion ca.rried unanimously. I�i0TI0N hy N��ncy Lambert. Seconded by Grace Lynch �Lhat: ' Whereas the tiun�an Resources Com:n:issio�z see}�:s tU �u_1fi_ll i�s . r. esponsibi_lities with the grea�est arnoun-t of ci�lizen pai�ticipation , '� arid izlpu�t po�.s:ible to the City Planning process, therefore, � . Be it resalve.d Barbara Lind, 225 49th Avenue N.E., Prid�ey, MN ' 55�3?_� JGO-�J�i�, i.s assi�ned �to the F�_ne Art project commi�tee- � for the pl�.��pose of_ developin� �;oals ancl obj ectives �or the Conunissi�on and to infor^m the Cornmissio�z, at i�e�ular. and sg.ecial m�etir.gs, tlie acl:iviti.cs and ef�orts of the committee. , ' U�on a voicc voi.e, a:L1 vo�:i�i� aye, the moti�on carried unani�r,ously. ' MOTION by Gi��ce Lynch. Secoiidcd }�� rta�zcy Laml�er�l- tha-t : � ' •� . . . �f 1-luman I:csources Canun_�ssion, Au�us�i: 7, 1_9'JS.. Pa�e 5 '�;�7C'. ��Ll]il�),I1 �£:f�0U2.`'C�'-�i C'O?R1P.1SSlOT1 SE'.�>?:S 't0 �U1�7.1�. 1tS � � Whci�ca� . •.resp�n�ibi.litz_c�:s wi�L}i -i:he f;r<:a�test amount of ci.t:izen par�tic�_pation - anci input: po�siulc to �Lhe C.i�ty Plannin� p.r.ocess, ther�for�e, , � $e a.-1 resolved Agnes raolf, 1451 G1ac:ie�� Lane, Pridl_ey, MN . 55432,� 5�1-4069., is assi.�ned �Lo �the Co�rcction prc�jecl: commi�Lt�e for the pur�pos° o:� dcveloZ�z_n� �oa1s and objectives �or �the Con.�mission and to ii7fo.rni the Conunis�ion, at r�gul�.r. snd special_ meeti_ngs, the ac��ivi��ie�a �nd ef fort.� of the comini c-l.�e . Upon a voice vote, all voting aye, the mcl�ion c�rri.ed unanimously. �i�0`iIOId L�y Grace Lynch. Seconded by Na.ncy Lamber.t �that: . t��hereas the Hurlan Kesources Comm�_�>siorl see)cs �to ful�ill i�ts respon.sib:� �_ities �ai.th the g_rea�Les�l a7;�ount o�� ci:tiren partici�a-L�.on aY1Cj ?_7:�:L?� nCS�� ))lE' Y:O �'I1P �;i -j:�� n.lc?71?"11T1� �7Y'OC�SS ; �rIE:T'�f01'2 � • Be ij� i�esolve;� Doro�thy Car. lsoiz, 633 Rice Cr. �ek Ter_race, :E'� i��:l-ey, i�1IT 55��32, 571-65:2 q lJ Z�SJ.�_€;ried to the F_�ne l�rts ��roject com.,?i��L��e for� t;�e pu;,,�ose o� d�vE�7.oping go��ls anc? oLjee�Li.ves for the Comrr�issivn and. ±o izl:�c:�r�n the Com�n�_ssion, at _regular and s��e�ial meetin�,s, -t,7e _ ac�:ivi�ties u;i1 P.L.LOC'L.�.� of the comnu_itee. Upon a voice'vo�te y al�. votii;g ayc, the motion c�.ri�ied unan�imously. MUTIU.d uy �Ia�.�old B�1gL�;n. . Secvride:d by 'i�lur.cy Lambex�t thu�t : Whereas the Human Resources C:o.mmission seek� to iu�fill itb r�sj�Ci?151.�):L11 �i�s wi-i=h the �;re��i=est �mourit of ci�tizen par�i:i_cipat�.on and inpv�� pcss:ib_l_c to tiEe Ci.ty �'lanning pr_ocess, ther. e:Eore, , $e. it r�solved Ca�thy McConnen, 5820 East River Road, .f1pt. #105 Fricls.eyy MN 55432, 566�-2185, �is a�signed to Librar_y� project commit-tc�E� foi� the purpose of devcl_opi�Zg goals and objectives for tlZe Commiss_ic>n and �t.o info�rn the Co;n:nission, at regular. �nd special mECtiiZgs 5 the aGtivities ��.nd efforts of the comm?_.t�tee. Upon a voice vote, �:]_1 votii�g ay�, the motion carried unanimou�ly. SEIvT:LOP CIT1:i',EI�rS F.r. ank I�nv��k o� the Fridley Senior Ci�iiens Committee ex}�lained tha � � �t present: , there ax�e 120U sE�nior citizei�s in � fridley• 'I'hi5 numbe�� .s �.nci�e:asa.ng very rapidly, a�t the ra�:e of 200 every ycar. � Tl�,e biggc�s�t prob"lem. is to get them ou1: of there hornes to gct tc� part�.cipate i_n some sort of activity . Tr. ansportat:ion �is ano-�he.r px�ob.lcm oi� tlle seniar citizens . � , I �� , Iie c,xl�lained 1:hat presently, the Comm:i.ttne �is wor}�ing an differcnt progr�-�nls to do 'Lh_is vei�y thing . 0 � i:urn�:,.n J;<•.t:,c�ur.�e:es Conimi;;:,:i o11, llu�us�t 7, A19'1 �. 'I'hcy .r.ecc.ive no :Iu�id:i_;�,r, 1:r.�o�n anyc?ne. S'.LJ'UR7'S l�']�.OPi PI;O�J1=;G`?' COi�ir�11:':1'TE,T_;,� � Pa�� 6 4F Narlcy L�ar:bc�r�i�, Chair��c�r�son of i:hc Fine l-1_rts Pr.oject Cornm�ttee expla:i_r��d tha.�t shc attei�d�d a C�rronuni.ty l�;ducati�n �cci:.�int; -La�;t wec:k. Shc: sai.d -Lha�: th�z�e �a�s arl iritr::re.>L i:n Go�ri7nuazi.i�y `Iheatcz�, Shc added t1ia�L worlc-- �hcps in adult t]Zea�tcr �dt�c�_�tion technic�ues� will be orfer��d t:his year.. Sl�e cl�i:d r,ot fee7_, 1�oti-aF�vc,�:�, �Lliat there was much of a poss:it:i.l.ity for a communi�t_y thcatc�r il. the near fut��r� . P1r. 13�1�;wn Ci�aairpe��son oi� the Hum��_ni�ic.s Projec-t Com�,�ittee explained som� af �tl7i.s idc�:is �-or� t11� Pr.oject Comnlittee. Thesc incluaed holdin�; an /1mer:ic��.n issue fr.o3n eaeh �,�eel: in -L�ie )'t�idlcy Public Libr�ary, t?o.1di�1,� �tlin.ic cul -ture events , discovcr�:ing speci�.il int�res�t groups 421�'��?J.Il -��1� I��rs,ail:;_'[:1CS 5 ��.]TIUUS 71uIT;C.' IZ3_�'��1-I-� ��'iOlC�:L71€; a bool� C�XliuI1�T2 � �nd I�r�ornati.n�; :in�i:c�»�:st %n and use �f tl�e Fridl.�y Publ�_c Libr�ry. Agr,�:� G1o1� ol: i:he Cc�r�:��cti_ons Projec:t Co;.im:i ttee expl�in�d that as f.ar as .cr.i.ir,_ina.1. justi_cc, educat_�on oi� tlie pub:Li_c is the bi��es�t. need. Sh� j"P..L'� �}1c3L C',Gi11]i10�'_ i�dS:,' fciC_L�_1'�1E:S c3]"1C1 ZO1"i1Ti� requii�eIl1C�-'71�tS W-C'I�E' I"l�E`C�.��Cj. , MO`I'.TOId liy ::ar.cy Laniber�t to adjourn tize me�t�in�. Seconded by Gracc -, Lynch. Upon a CJoic� vote, all voting aye., tlze mo�Cioii carried ur_anianou�i.y arid th.e Hu�nan Resources Co;��lisszon meeting of August 7, 197; 4duouz�ned at � 0: 07 P.1�1. � Respec�t�u.l_l.y su;�mitterL, ty� c_;,/7�, ��_,��__ ::;�i'�*�.__----•' ..L:�!- � _ �__:-_�_ ._j,.-: "{�_ .. Hot1_y T �f�isa.geY, � � . �ccorc�ing Secretary . � � � � . � � �. , � �� G APPEALS COMMISSION MEETING AUGUST 12, 1975 PAGE 1 Vice Chairpe�rson Wahlberg called the meet,ing to�order at 7:40 P.M, � MEP�1BERS PRESENT: Wahlberg, Gabe�, Kemper � , MEMaERS ABSENT: Drigans, Plemel OTHERS PRESENT: Howard Mattson, Engineering AidQ APPRQIIAL OF APPEALS COMMISSION MINUTES: JULY 29, 1975 MOTION by Gabel, seconded by Ker�per, to approve the Appeals C�mmission minutes of July 29, 1975 as written. Upon a voice vote, all voting aye, the motion carrie� unanimously. 1. A REQUEST FOR A VARIANCE TO REDUCE THE SIDE YARD REQUIRFMENT FROP1 FIVE FEET 5') TO THRFE FEFT (3'), SECTION 205.053, 4B (4), TO ALLOW THE ENLARGEP1ENT OF A SI�!GLE CAR GARAGE INTO A DOUB[_E CAR GARACE, TO BE LOCATEC ON l.ot 6, BLOCK 1, BROOKVIE�1�! TERRAGE 2ND ADDITION, TNE SAME�BEING.98� RICE CREEK TERRACE,_FRIDLEY, M}.��hiESUlI�. REQUEST 6Y ROBERT AND BARBARA HINRICHS�� MOTION by Gabel, seconded by Kemper,.to open the public hearing. Upon a voice vote, all voting aye, Vice Chairperson Wahlberg declared the Public Hearing oper� . at 7:41 P.M. I� � ' � Mrs. Barbara Hinrichs was present. Mrs. Wahlberg said this request was to exp�nd a single garage into a double •garage. Mrs. Hinrich said they only had nine feet in which to expand if they were go.ing to stay within the code, and they needed ll feet. She said the way the lot was shaped, this addition was placed on a curve��n the lot. At the back of the garage addition, they were going to build a deck. � ' Mrs. Gabel asked Mrs. Hinrichs how many automobiles �hey had. Mrs. Hin rich replied that they had two. � Mrs. Hinrichs said they tried to buy additional property from Lot 5, which was owned by a Mr. John Harding. He said that his mortgage company adviszd him not to sell any of his property because they were carrying a.large mortgage on this property� and thought this would depreciate. his property. Mr. Kemper.asked how far away from the property 1ine the house to the east was located. Mr. Mattson said it was- 30 feet. Mrs. Wahlberg said it seemed that the hardship was that this was a pie shaped lot and the structures.were built on an angle to the side yard property line. Mrs. Gabel asked if a contractor was going to construct the addition or if they were going to do the work themselves. Mrs. Hinrich said they had a contracl:or all ready to go if they got approval of their request for a variance and a vacation. Mrs'. Wahlberg asked where they were going to keep the trailer on this lot. Mrs. Hinrich said they kept it in Wisconsin in the winter, and would add an apron to park �� it on during the summer months. , � 0 , � Appeals Commission Meeting - August 12, T975 Pa�e 2 c; {-� � Mrs. Wahlberg asked if the addition ti�auld be tied into the existing garage. Mrs. Hinrich said that it would be, but they hadn't decided if they would have two doors on � the garage or change it to one garage door. �Mrs. Wahlberg said that the vacation request had been considered by the Planning . Commission ai: �heir August 6th meeting. There was a 10 foot easement that was on LQts � 5 and 6. The Planning Commission recommended approval of the vacation request because � this, represented no conflict with the adjacent pro�erty owner, and was agreed to by all the utility companies, and recommended that t6�e encroachment be allowed into this easement while the vacation process was in progress. � Mr. Mattson said that this easemen� had no utilities in it. At the tim� this � property was platted, an easement was put at this location in case the CitS� would need it in the general scheme for storm drainage. Afte� this was p?atted, this was � handled in another fashion so this easement no longer serves any purpose. MOTION by Gabel, seconded by Kemper, to clase the public hear�ng. Upon a voice � vote, all�voting �/e, Vice Chairperson 4lahlberg dec?ared the hearing closed at 7:50 P.M. . Mrs. Wahlberg said that the shape of the lot prohibits any expanding of the garage without encroachment into the normal side yard setback. Mr. Kemper said this house was placed square to the street, so this garage location couldn't have been changed. Mrs. Gabel said she saw no problems with this request. MOTION by Gabel, seconded by KEmper, to reccmmend to the City Councii approval of the variance to reduce the side yar•d setback -rram 5 feet to 3 feet to allow the enlargement of a single garage to a double garage on Lot 6, B1ock 1, Brookview Terrace 2nd Addition, the same being 981 Rice Creek Terrace. Upon a voice vote, all voting aye, the motipn carried unanimously. 2. A REQUEST FOR A VARIANCE,TO REDUCE THE FRONT YARD SEl�BP,CK FR�JM EIGHTY FE�:T (80') TO THIRTY-FIVE FEET 35'), SECTIU(� 205.103, 4A 2j AND TO REDUCt THE SIDE YARD SETBACK FROh1 FIFTEEN FEET 15' TO FIVE FE'ET 5' , SECTION 205.103, 4B, TO ALLO��! � CONSTRUCTI�JN OF AN OFFICE BUILDING TO BE LOCATED ON PARCEL #540, PART OF LOT 7, AUDITOR'S SUBDIVISION N0. 153, THE S;�ME BEIivG 1040 52PdD AVENUE N.E., FRIDLEY, MINNESOTA. REQUEST BY BERGSTEDT-ANDERSON i2EALTY, 5247 CENTRAL AVENUE N.E., FRIDLEY. MINNESOTA � ' MOTION by Kemper, seconded by Gabel, to open the �ublic hearing. Upon a voice vote, all votin� a.ye, Vi�e Chairperson Wahlbe�°g declared the Public Hearing open at 7:59 P.M. - Mr•. Bill Jacobson, architect,.�representing Bergstedt Realty was present. Mr. Jacobson said they proposed to construct this office bui�ding on�.property which was behind Robert Hall on 52nd Avenue N.E. He said this was an L' sriaped parcel of l��d which was adjacent to apartments on 52nd avenue also. He said th�t in conjunction with building this office building, there would be shar�d : parking with ihe apartment building. This parking would be avai�ahle to the apartn�ents after 5:Q0 P.M. and on week-ends. He said tf�at the portion of the property that faced 52nd Avenue was anly 60 feet wide. If they met the code requirements of having a i5 foot setback for each side yard, they would only i . . � �. �� Appeals Conunission Meeting - August ?2, 1975 � , ,� � � � � � � � i � 4I Pa ec�_3 _ have 30 feet in which to construct this offic:e building, and the lanci was too expensive .ta build that smali oF an o�'fice buildinc� b�,;ause it would never pay for itself. Ne said the reason he was a'sking for a variance from 80 feet tQ 35 feet was because.they thought this building would look better if it was lined up with the setback of the apartment buildings. Ne said this building Wrould be 40 feet long on the north and south sides, if i;he sideyard variance was approved. He said this would allow them to have 30 feet of office space inside th� building. He said that if they had to meet the 80 foot setback, this would require the parking to be in front�and would reduce the parking spaces by a great number besides not being attractive. By having the parking at the back of the building, this would tie in with the`parking lot of the apartments which would�be more convenient.for shared parking. He said that Robert Hall owned the vacant parcel west of this locatation, and although Mr. Bergstedt has v�ritten to them repeatedly, and tried in every way to communicate with Robert Hall, he has had absolutely no answer on this, so the assumption would haue to be made that Robert Hall may want this parcel for their own expansion. . Mrs. Gabel asked how mary offaces would be �:n this bu�lding. Mr. Jacobson said that the proposal had changed from the plan pr�sented. Orginally this was going to be a 10,000 square foot building, but it has.now been reduced�to 6,000 square feet. .Instead of bein�g 40' x 120' it will be 40' x 98'. At �he �resent time there are six tenants who will rent space in the building which will use 5,000 square feet of the building. He said the type of businesses going in here`- will be sales representatives and real estate companies. He said these 6-�enants have been sharing office space in Sky�rood Mall. Mrs. Gabel said this shouldn`t general;e any addition traffic in the area then. Mr. Jacobson said it shouldn-'t because they wo�!ld sti11 be in the same general are�. Mr. Jacobson said that when they reduc-e �he size of this building by 24 feet they intend to take this off the back of the bu�lding, bu�t if the City wanted them to take it off the front o�F the building instead, they would dc this. He said one of the considerations for having this line up with the apartment building was so that they could save a large oak tree with this location. Mrs. Wahlberg said that wouid reduce the front yard variance fron� 80 feet to 59 feet, which would be a little closer to the Code r,equiremente Mr. Jacobson said this would be a fu11 two story buildiny, a precast concrete structure. Mrs. Wahlberg said that this would be a little lower than the apartment buildings. Mr. Kemper asked how many parking spaces the apartment residents would have to share. Mr. Mattson said the co�e requirement for par!;ing spaces in 1963 was 64 stalls. There were 73 stal1s provided, wtiich exceeded the code requirernent at that time. Since then our code has changed, and'they novr need i16 stalls, so they were short the 43 stalls that would be provided with thi�s plan. � Mrs. Wahlberg said she questioned the hardship in the request for a sideyard variance from 15 feet to five feet. Mr. Jacobson said the reason the,y wanted to � have this variance was because the tenant of the office facing 52nd Avenue v��anted 1200 square feet of space, and this was how they�would meet that request. Mr. Jacobson sai�d they could have cons�Cructed th-is buildiny further back on this �. property and met all the code re�uiremerits, but they couldn't provide the shared parking for the apartments then. � � , . � 4J i � Appeals Commission Meetin - Au4ust 12, 1975 _�,_Pa�e 4 _ � Mr. Kemper asked Mr. Mattson if the administration had any negative comments on this proposal. Mr. Mattson said the City has wanted a proposal for this property that would provide additional parking for the apartment complex. He said that when Mr. Julkowski owned this property, he said it was too expensive just to make the entire parcel a parking lot, which was prob�bly true. He said this parce� had been just sitting vacant for a long time, and this seem�d like a qood proposal. Mrs. Gabe� said she had no objection to this building being lined up with the apartment complex, and she would like to see the large oak tree saved, if possible. MOTION by Kempers seconded by Gabel, to close i;he public hea.ring. Upon a voice vote, all voting aye, Vice Chairperson Wahlberg closed the hearing at 8:30 P.M. Mr. Kemper said he thought this was a good plan. He couldn't see a better way of developing this property. . Mrs. Wahlherg said this was an odd shaped.lot, and this would seem like the best I j pl�an as.th�M��was a need for the shared par�:ing, but she still questioned the variance to the side yard setback, when.this ten feet could be used for landscaping. I Mrs. Gabel said she thought they had a good landscaping plan, considering the � land they had•to work v��ith. Mrs. Gabel asked My°. Jacobson to bring the landscape plan back up to the members for their review. • Mr. Jacobson said that on the west side of the building there would be five flowering crabs. On the north side of the building they would have 3 Norway, Maples. He said the front of the building would have grourd cover Lhat wou�d stay green the year around. He said the construction of this b:uilding would meet all the Code requirements. . I� Mrs. Wahlberg said the Appeals.Corrmission had always been cautious about r�commending approval of a variance for archi.tectural design. It was felt that there may be some alternative that coul�+ be worked out. Mr. Jacobson said that ,� if this variance wasn't granted, it would cut dowr� or► the number of tenants they could have in this building. Mr. Mattson said it was generally the policy�.of the Appeals Commission�to be , quite harsh in granting this type of variance, but he said odd sha�ped lots are � . uncoverable in the code. I� Mrs. Wahlberg said they had �a take into considerat�ion that this building could haye been located on this property strictl;r to code, if the petitioner didn't have to give consideration to the shared parking for the apan�ment complex. • Mr. Jacobson said t�ere would be legal agreements drawn up on the shared parking and the shared driveway. . � . MOTION by Kemper, seconded by Gabel, to recommend to Council approval of the front yard and side yard variances on part of Lot 7, Auditor's Subdivision No. 153, t� allow the construction of an office building, the same being 1040 52nd Avenue N.E. subject to the Zot spiit being approved by Cauncil. Upon a voice vote, all voting aye, �� the motion carried unanimously. � � . 3. COMMISSION MEMBERS AQSENTEEISP4 4K APPEALS COMMISSION MEETING - Auqust 12, 1975 �� Pa�e 5__ MOTION by Gabel, seconded by Kemper, to receive the statement from Chairman Harris of .the Planning Commission on Commission.absenteeism. Upon a voice vote, ' all voting aye, the motion carried unanimously. , Mrs. Wahlberg said that the Appeals Commission didn't have too much of a problem with absenteeism. There was some discussion on Goals and Objectives, but Mr. Mattson said he hadn't heard anything about the Appeals�Commission preparing them. Upon�further checking, Mr. Mattson was.correct, and this was not necessary by this Commission, ADJOURNMENT: The meeting was adjourned by Vice Chairpersor Wahlberg at 8:59 P.Me Respectfully submitted, �- � f f�-'L`�l� ,CL� LtLi� Dorothy Evenson, Acting Secretary � 0 � t I � �I -• . : ;;: �--�.`.�ev«e►rs:ra . -- . . `� •^ l�GIA11�2lRtNa � . . ' , � � 6875 M� y I.0 6D M� • ' " �� ' MinnuPdic. M�Mt+ob S � /� . � so„u, cm��. a9oe `-P L � ' . � • Gui! 6 Mwle• t E . • , . ��`" �po n�u�ra+nt � Swl T�+ti.Y �/„�,�d Surueyu�g � l.und Pia�wint 1101 Clill Roxi. Durnavi0�, MuinMpy SS337 • . r; ` � . . � ' � , . . : ` . Ce�rti;eic�,te o�' STarv�y f�r �Q��RT �„ �IPdR1��i� � . � . -�.r �. . . . � � � . (�1 ��'r� tZ . � � � .�...._..�. , _ � . � . - - � ' ;. . ��! ' � 9$1 RICE CREEK . : : . � ; � � �� 70.00 .._._----- TERRACE . . � ; ____ , ", ___ . . ____ -- . _ __ :.. , __ _ � -_ ; .r'"" _ �..^^ � � r . ; , . i . � . . S, i . . . ' i �� . ; . �„ , , � . • • � . : � �� /�.'� �� i . � 5'CQi¢ s 1 inc = 30 +ee �, cF� I�; i. � • •------- — -- - ?�`" � '' � ' .. . �o c�, t^ . 1 . � SroRY FRq�yE '� $6t , ,'� � � �/ . ,• � . ; ' \ . � 1 i. � :. ` ' o. ► . � � . . c�, 1 . �� I � � . � � �5 . . ��7 12Q UO . — � R- 296 48 ` . , � �}�4 . .. � . � _ �� o • ( ` �� . ' � • - �i�,C � �' i � . . � . , � . . - _ ___-___- ; � �: � L0� � ��.,fl�,� i � � . . - � . . . -.-:... . � .1 ��oa�� `�E��AC� �� ,00�Ttoc�� . . : . . .: ' � i hs��by eortify thol this is c true and cor�ect repres��tation of a�survey of the boundari�s o/ th• abor� . ' descrIbed lond� and n1 thw location o� c�tl building• lhsreon� and all vist�� encroochmonts� if pnX� frorss w p�t �aid lond. As surveyed by me this_f�day of�i„{ / c. A.O. 19� a ' =�_��Denot�s Drair�a�e �Utility Eqsement ` . . .-s�'�a^� EN�tI�";E�RING, �NC. Enpinet s�Survc or3 . � o Oertotes Iron M�nument .� �- bY_��,__ �� , r' �- f�:-�: t �.-- . , �: ."--~^-.s �' '3 J / ' � . . . . • . --- . `1 % . . . . , _ , ., . . • � 1040 52nd Ave. NE 4 M � . ° Lond Pianning . � / 68rS-f�i9finoy �GS �tl.E. � LandSu��y�'n9 • Mirn�ro�/s32, S0IISTCSflR9 � e V ►� � � � �.. � � �� i � � �!. Alinnrsol'o � Cr�i! b I funici�al _ Sflnsef 4-60t6 i c '£ir�ineerin9 E%� �n ee r� � J U/' Ve��is � .� •� . . � t/�'i_ , 'E"� '�t' t• `� l'�'� /�+�1;. {/'�� , C�' C` 'S'!Yj'^� �'%°�){/��, �` � q)�,� BECZ�I/��.D �JU�..�.U�t°�St�� . �./ � 6aY � 41�L� �.A W�JI �lJ `�Y/ � [�.4 ��a..SIL.,s V �,j►�� ^w . . , ' NOT2ii-1 LINE OF to? 6 � � . ~ � 0 T 6 � NORTN LlhlE DF LOi 1 52 tap AVE I�1.E. SZREE`C EASEMEN7 � SCCtIe : i��= 5�� 15� U'(ltt`(Y EF 5E I;,�NT � ° � � , � Deno�e� Iron � � � i r � � . � � � ' � � O r � Wd N W � w (i. °� r (L' � �' r �� p �; N Q.r+ SW r or - 34 �� W 41 Q� a ar � W} Z � J m � �o JZW � �J ,/ t'/� Q � �,in � �OU11DA`C 1bt�1 �- � n+ pN.LY �. zw� % �xW • � � � � LIt1C PARP.LLEL YvIT{� TNE S�U�'� L111E 0� LOi '1 %r � 1� � L r R. � �, cr � Y 170 . SOUTN LI N E. OF LOT '1 � � � N r� �� au � WO t`� .�.� i,� — az ¢J . ar W N � W J 3 � i� J " � l frtrrby cerfi�'y thaf lfiis is a fi ue a.�d av-recf re�resenfofian a�'a survet� ¢�'f1�t bovndories �'�he a6a� d�r.r�bed land, and n�'�{,� /ocafinn a�'al/ Guild�n�r s, t�cr�on, and a// ris�b/c rrw•oodimtnfs , iFony, f m� or. an .said /ond. As sv�vey�d �y me fhis 2� ST- d�y g(' �iar,uar� A.D.i3�. ' SUBU2QAN El1(GlN£E2IlVG, INC. • ' E.n�rne�r°S fi' Surreyors � • G� , iI� ,-- •--��,�=��..., �..... SEE S1iEET 2 F�Q OESGRIPS10�1 � 0134 , • ------ --- -- /l'l �•%-' � � sN�EY i o� z .�N. J� D/�'Nt �� , . . Z040 52nd. Aven�.�e iVE � . . • � C .4 r�•. . . r� ,,.. � . < ' , fV ;,-- . .. .. ter. � ✓r Iok_/ .�___.�.._.�--.- . - _ . ` , ,.. � , u R„ . � . � • �_..�—„_ - '. , . r : . . � .t�� /9/ � .'.� .,_'._.."�..�.---------__ �. _..� . . .c�: ) K,�,V t '� 15�� .� �� . .�1� , I � / . .`i , U/ viY ,� ^' � � /--•—�-------- ~ Sj,1 . � � /i � b i :' . � e . _.___.�---- .', k � . G.:' / � • �;, ►� .. ;nsvY... i �," . . � t19-u .::.r 31' i � � . � . �a, 1,� , � i � � < � . � , ✓ 1u Y.�,r.. y 'T . Y � ' • • T; � �.i a`i �J ' � _ '. fC_. -- � !�" . . I : o� . ^ �'�... � ry a �. � i '�,^ _ _ � _ � (do) _ � ' , a � �`A� 5}'.'•'• Y. ,;� iz y, � (n I " �' -- -�� _ _` -•--- � •a ti • y ��' � �� " i. . .� �s_o) � . .,. ;: , � • ---_ ...._.___�.___ .. —_._._ --- ` --- i :.; � : „1.�___ � � I�r~ � � 7 _ 1,� ,_ . _ �_-_ " " �-f ,! A4/J �iM% ��..----_�_';" 4 � _ _ i1G_� ti1 �``\�� CL� I , . - --- � � �� ` ` • G�/-�t:� . `' ,�. '�,� o . .. _� __ � �5�,_ ... �`�; � r� /nc ti � �� , `�.� � f---'� . . I �� ,--.— - ;�:��J . � � _-��_ . --�- __�.f__ :� : : �,... o . � _ . � ,� c�} , w o .r "" � S.t�r L:,/t !a':`� ' _ _._ . --_--_ � � ��.��._ � I . 8 � JO —'-'- -. . . . _ ----'- .. t . _ -------..._.._- �--- � I-' - /� � _l�" iii �? .�_� �-_�` 1Fr � �/1�G ^, �'l,":J,� ' �-Yj ri u.�, f F.. � �:�•° � ; tJ I ot Q ' , � �0 ��-, /A � �'j � sy �"`�sr1 �''�{ i _"•__—_—'__ � �-__'_"__._.;37�R/I(d.�bl �_ "__. . ih . �� ___�///9`_` _ o..y -j/a5 .. j � � � ' E � _' ' ' �------~— . f �+ ^ � : :J.,d'"`. \N f ' . .� \ � , �� . �'r401 . . -��i a /9 8 /° �,J- � : � � � i � � � �' ( � ' . _ : i.:- i:; � , a , � r,r, >i,� �r ' a -'�� ;— ° ! �> a � l � �� 1 J �+ / "� � -� t ` �� ' � i S° . . . ` r;>� � � f �/., `. r V � �. t+ 1; �,a� � S � � ' �ti�_._..�:-�--�-`—� !"�` - , i ' I ,..�r - -- _-.'.G,6�Cl��. _,`� 4�'� �j tn a' � l'_ . ,.. --..�--.....,,_ s ^� „f�.._� , ' . I�� •,,y4^- , If1 "� LJ fJ /l !./s 'SL1 —�.f .6.ir T <� J ' °`'�"°'°,^.. ♦ ' .. "'`.�.�. c . ' "". . r -- - . —1' r �� - - - - -- " °'iS.3� � � � F� -ti�� t 1 M, � 5 � � y . . . �f,.; i t_ -- �saz.�:eJlaen; `�'3 '�.�Yf.. t�t:s ;, G � � � � — - ., 5? � t� M r�' ' l �.„ ...' i �'�"' f;: ' n^.� '�" °- ..... ,.. a.,. „�� I " Y.` � � ` x,� . •ys r.� . tia . I ,G- /' • �1 1 � � N .,� � . � - �' a ; � , �� z�n ' (�1E70) .��V / �' � il V4 `YS' o�f�w,�• r� • —�>g- �.;1 `., � � . ! `��; o G4 ) - i �� ;a� ! ^ ^ ,i. ( � �ci'r/:ai'c' .^�. ✓u/� oir ,�r N �` � . � ^.'�, r: /,( re. o� �� y � s` r` 1- �i, '\v 1 ' .., - �' , D r�i" ''- � � I I; ).�..> � t' 1 I/a 'c . L'. I�A 31354 .. ( N . " .. i' _ l � I ° q, . . 4. , �L 9 � E �' 7 ' [ C�.�, I - � ; `� � i, f � � . , � ,o _ ` � ��' _ , � � I �� S L1 ��:,+ 1( � !� „ � _-- � ,� � �.�-.-�_,.:�,� .. y`� a . � -'�"' . t�— � � 1 S �J;vY.��2S:'?J.. ... , - '' ._ ,- '^� o ,,�,6` _ .J .._ . _p�... ,1 ,. �,r ` � � ' Ta� i`irnf ' .� � '� . �; � � I � � I , . � t', � � � 7^'('Y..i!/ l:..'� ___--` I'm \. `� \ .\: � �i . i - -_ __. _ _ __' �I� � wl,� . ^. .i n 4 r� .�f • b�+. . i • I � y � 'i h;'� . ��i`' �• ��;, ;j�'� /6 "`�° .//- 'w�i �3 �? " :'.o^ 'h�� _ � � ' � „.g :Ih �� i"' _�� i�: ; � /2 � ; // 'I�� p � ''� /9 Z ti.. � 1 Q,�P�a:,: ja z'ae 3t 2'� �� 21 ,. i z0 �.,� !T � i b�t3�` �.c>c� � t . � ' L' � �!'�yi 7� � cn f : � e�l'.�� 'Y E �` � 1iI.01 l o fa � � i: . : - . . A,r �.:.0 :�,. :�, �:�,y <<;, b � _ P� � .:>>• ' ; {� � = i�1i -.a,.�.. P , � � '''�'�-�.,�,..._ av ,� 7' • i � . - 6 y1 e� �a R:, -O t1,'o° ��„'-e� YG °^ o� .;.�.;.� ti.. 1 i 1 5 n O ro �' I � i t c y ti�� , ' � `'9r�:�.• ^ jj ( � I ' o . . � �� li I � �; /� :� �.. !6 , r,q �` , ti...: F 9 . i_ t,�,�/1 � j..... /__�••�,V - 3!7 � 4 1 L ,t1 y i N� T/�' ii � 1.i r� l,r � ' j ! � � ij. . ,��I orr �i(' �. o�w � • �� ,ia';� ` o ;�1 .._ _ . 1 ( .-i. ( � !I � � ��{ .;.;, C//S.�^ , s !'`� , a.�e . � ^ .� i�`. Z v; ^ te . � b o e( w'�.. ( � �� \ h ?� `' : �( + ti�� , ' �� `4 : 't \ � II J ! .�(. � ( , � ",�.. 1 V , � �i ��i'. ,\ .,� �•' . `^ �tc� 1�\ � . J~\ \'� ' w.\� �j 9f IN.�;.�i ' " � . �.. .��?i. j Q � ��! .� .�' ,�I" � \'� �n o. �i`i- ;.o.ie'--�-.._ja..s � r �,� � _ � � '1�� I C ` � ;�'w \'` J' .�+-'� .�i(/.�"� �, • ',.. 1i �t�i �! \ `l c '. � o . 1 �r 1 , � N. +�' � e ..i• -_ .. . � °_�1..C;1 I � �; �b i . �; ,,^lPti ..` �� _�� `� i�1 _�;Y. „ '� q /� .nl;d ; �o , . , �^ �`I �l � A � (�1 -ax��f�E ��. �. ;: , �,rti� �� 'e �';\ /L .:. ^. �� V� � Y .. � \ . � " . . �. � ... > � s 'H. r d �. � - . '. ' . . � C��` � I : �� '��g� � �^ j s` r� LV -`t..\ e /r'.�� '?-.� �`Uy�', � ^� �� 'v'�.y, J, �.. i � :1 � \ Z •� • �� 'w..-!� ��. av'�; S �•�o vn a.t �i .� I � � ��. I�L�T� �.��y��v ;Yn M:�Z ' �� \ `• /S �p ��:cl ��.T.+'!�o. P .Lti,i.1� _ � �� d ' Vt�-•-� . . .� � � 1 r � � � , � � '�li:�i • . . k�.t � Y �; 4 ,- ;��4 �, t `c `, .. � � y I � . � ' � �. .,s •rr y t`�'� `" 'n? `� � �__�� ° �a !2 e� e �� ' � � O'' � • � � h , zAf ', ; � t s• �� i ,o ,. efZ—s . C /`� i' � °'� . / . . . l, ` A' `t.. . ":� I �i �' ¢ + , �:u�r �. � �. 4 a V� � /$ n` M -'� � � .�r`ti" �'ro�asA ` '.'� :. t . O �%1I�Z � � �w nJyi� )r �• �. �� •y � I �� ,t; . � ^ . � "��. �I , `' �I F �. rY�v'w' j n� 1 Ms4�'�ta�� p"!�l % �_ �v� . ,, � �r � ; . �4 p� : a ?�. , --�";J..ii.. r ,p � Z,` s.�ti •�.. � o �: i? � � . l �. w .Ia �.� ��, � a' fwb4s�si �„y'�S�'°� tf • � � � . 1• � \ I R•lq/�,Iy� �y. . i .� . w 4' i • �e `( :�o `Io \��j�� . ' � � � � j �TN �1l !I � � \ /,fl L� � ;, l �, i• /O � TO ` i . � ' � V • � !!!. ` � 1 ` 1 I , — 3:= J '�°. � � • � j 1«� C j �.._�� _— e � '�I � '':, i2 ' ' � i � (l..1 I� � ' • ' '�'�� " a /o • // iI a� .. � 9 � /o .;��,, ii}�^•?r� , r :' I � . '� �. . -s�er,f;v� � : � � ` t� � � , i t,=;� �• . -� �t ` `� � ., �� : ""' � . r,F �, X7 " • + ~ � v, i �o ` ,r� ,..• ' :. 4 S�: . I �-l� " . . <�.�a'!n• - i 1r . , .... ' . �. ►: �,: ... ,,:.. . ,. ,' .N. P�ir_�cc �� • ''' ' o _ _. . w... ,y.,� s>>'• , , . I {� ..n.' ' . _ - , , bn • ' . �. � � ,. '�i . .�� i t..... . I �) � �, � r � I!'..� % .a-� �. \ "tl� � < . ;. .. ♦• I�• !O '� " ..�i - . - � � �. �'^1 � ��,.,,,,�.•y,=. � a I ' .t, .' . . �. '' ° \ � ' ,,, , r , I , :;� , ; •�� :y i i4. C� �%r'/�� r�rrt ;O;;ni 7 k'�i � S ;� d u � � ?. �M � + t 1 a� .a' , , � �q �' . ��• �r � � l .��' i . , r.:�;. 7�� „ �Z� (1..� ,�ri�i��`�: 7 1 �o a �;'�� ) � 1 �I f,��,��1-T7if �.� �.. .� ,- � y J� .�,� �� , j < I ' / A • � , { �, � � � w l, i 1 I I N !a 7..�. � �, � .«1 1, ' �/� T!r "-�.,,, ..,�,' {, ,� � `� �. ' N i h !� � �•' . �-} i �,�� y �• �.! �w .� �,i . ' � v (-' V y �: � f '�� • ., _ � � `y. ` � '�, � ' . � . / ' 1 .. . . ,. !Y' ` C.lI7.TJ.... ..�..,��'.. �,4! i \• . /w• !. � �t .i rr � � � �i ' I \.1 ' �� , � .� I ' � ,' , , �J PL(�NNI(��G COMMISSION MEE7ING CAI_L 70 ORDER: CITY OF FRIDL�Y AllGUST 20, 1975 . Chairman Harris called the meeting to order at 7:38 P.M. ROLL C/�LL : PAGE 1 �o Members Present: Scott, Qergman, Harris, Drigans, Langenfeld Members Absent: Peterson Others Present: Darrel C1ark, Com;nunity Development Administrator Stcven Olson; Env�ironmental Off-icer � Nubert Lindblad; Vice Chairman, Comn�unity Development Commission� P1r. Clark asked the Chairman to announce that if there were people in the audience v�f�o rJer� here in regard to the advertised Public Hear-ing for a Special Use Permit; SP ��75�-?2, by Steven Nen:�el, for i}labile home sul�s, that�this reguest had been wi thdra��Jn by the peti ti oner. . APPP,OVE PL/�i�NIf�G CO��i��ISSION f�1I�;UTES: FlUGUST G, 1975 ' Mr. Clarl; saic� he had a comment; not a correctio��. He said he was the one '� who'stated that the Council aersons and t}�e representatives from the s�gn con-�pai�ies at a si.udy session, fiad made the decisia��t}�at they ��oul� not have to have rezoni.r?q ar va��ia:�ces on the bi11 boards. Ne sai d he �rou7 d 1 i I:e to cot�rect that, becuuse he had been �;old b�� Dic(: Sobiec.n ihat there vJas no dec�ision ir�ade at this meel;ing. This � � was t�,�orked out by acirn�inistration, through legal counsel , vrith the sign companies, as i d•irecied by Council at the sti�dy session. Mr. Clar4: said it VJd�S discussian bett�een �_Mr: So�iech a»d �;he City At-l:orney �ti�hen •i�l: 4ti�as dete��ined that the billboards �vere �� leg�zl ��o��-co«forming use. He sa�id �his caid not cl�an�e this determina�;ion, but he said he had misunderstccad that th�is was done at the wor�ksnop session. , � �. ' � �J Cl�ai►�n�a►� Harris said '• that an the last motior� be�=cre adjournment on page 30 of tl�e m�inutes, it gave his name as maE;ing.the motion. He said that as a Chairman couldi�'�; make a motion, this Eno�tion had �(;o have �aeen made by David Harris. Th7s, st�ould be changed. ' . h107'IOn' by Scott, seconcled by LangenfeZd, that the P.Zanning Commission minutes of August G, 1975 be approved as correc�ed. Upon a voice vote, a1.Z voting�a�e, tl�e motion cari•ied unaninrously. • � RECFIVE HU��1A«.RFSOURCFS COi�if�tISSIQ�i t�1If�UiES: t�UGUST 7, 1975 MOZ'ION by Scoit, seconded Uy Bergman, tl�at th�� Planning Commission receive the IIUI11�371 I:�sourccs Cvrnm.ission minutes of �iugust 7, 1975. Upor� � voice 'vot�, a11 voting aye, the rnation car.t•icd unanimocisly. RECEIVE /1PPE/�LS COMi�1TSSI0N MINU7ES:. AUGUST 12, 1975 . t10T.£ON l�y 17rigans, seccnded by Langerifcld, that tlie Planning Commission rece_ive the Ilppc�c;ls Com�ri.iss.ia�� minutes of August 12, J.�75. Upon a voice vote, a1.1 voting ay�, the moi:ion cax'ried un�inimou.sly. �� • e Planning Com�nission Meeting = Aug�ast 20, 1975 ' Pa�e 2 REC�IVE Ef�VIRONf�iENT/IL COMMISSTON MINUTES: AUGUST 13, 1975 Mr. Clark said he wisl�ed i:o mention�that in the content of these minutes there were ts��o ordinances which were referred to 'the Planning Commission. One was a Junk Vehicle Orciinance, ar�d an amended Swirnmirg Pool Ordinance. �Ne said these vrould be put on the Planning Commission agenda for their next meeting. 4P MOTIUN b� I.aiigc�nfeld, secondcd by Scott, tlzai� the Planniny. Commission rece.i.ve the Environmei�tal Cnmmission minuL-cs of August 13, 1975. Mr. Scott said �ie would lil;e to commend the Cnvironmeni:al Commission on objective N under the second yoal �rhich stated to foster cooperation among Commissions and levels of government �in establishinq mechanism that ensure consideration of all pu�lic and priyate rights and interests aifected by land usF decisions. He said he thought 1:his v�as a very nice statem�nt from the Human Resources point of view. ' , UPON a veicc vote, a11 votiny aye, the motion carried unanimous.ly. RECEIVE COP�4MU��;ITY DEVELOPC�1EI`1T C'Oi�9NIS�;CON f�9Il�U7ES: AUGUST 13, 1975 h90TION b� .�ergland, secorded by Sccit-t, that �he Planning Commission receive• the Communii:y UeveJ_opm�nt Commission minutes o.f Augusi 13,. 1975. r�r. Lanaenfeld said he �vould like i:o suggest,. that since these were pr°esented 1 at thas meeti�ng, that �;hey do be reviewed thoroughly �ecause some of the things were important in the minutes of the last two Commissions � . UPON u voice voi�e, a11 voting a�e, the motioi-� carried unanimously. �. • RECEIVE AD1�jIP1ISTRATTVE STAFF REPORT Otd A BUII_DIfeG P�RI�IIT REQUEST BY I�iIhCO PRODUCTS, FOEZ A PLAt�T ADDITIGf�! AT I300 COiii�i�RCE LAfdE:�N.C.., QY�!'.ARL SCfIURR-�� AD�INISTR�ITIVE ST/�FF REPORT GENERAL DESCRTPTION: � Th�i s permi t i s%or a 120' pl ant addi ti on i��hi ch vroul d add 2II,125 square fe�i� to � an existing manufacturing plat located at 7300 Cornmerce Lane. The expansion wi11 take place to the ��aest of the exis.ting buildiny and will E�e constructed to match the decorative block pattern that is carried �n the existing building: The ad�dition tiNOUId � also include addi-�ional parking facilities to the west �� the addition which wou1d � allow for a total of 1G0 stalls. (155 rec�uired by Code). The addition to the faci�fity will meet present codes and upgrade existing conditions. (See stipulai;ions on concrete � � curbing}. � , � . ENGINEERING: � � • � � We don't�foresee any engineering p►^oblems. � � ENV I RONP�«dT : ' W� don't foresee any �najor environmental effects on the surroundings with .the constr�cti on of tl�i s addi i:i on . � • . . . . � '• . �• 1� � 1 �.. . . ... .. .. .. . P1�nning Commission Mectinca _ August 20, 3975 '� "'' page 3� -�� Q QUILDTNG PERMIT STIPUL/1TIONS: 1. Tha�:r�linco Products, Inc. dc�dicate an easement for a bicycle-pedestrian tr.ail over tP�e GO foo� port�ion of property along tl7e west property line. 2. (a}� That concrete curbing be placed alon� that portion of the parking lot and driveti��ay,along 73rd Avenue N.E. lllso along the south side of the .'proposed addition, allowing for service entrances in order to provide a five %oot planting area aioi�g the building. ' (b) That temporary blacl;t;op curbing be placed 5 feet off of the tNest wall of the proposed addi ti on t-ri th a rocl; fi 11 between the curb and tlie bui 1 di ng in order to allo�-� i'or further expansion of the facilities to the west a�; some future time. (c) Tha1; Minco Products 4vi11 comple-�e concrete curbing on the parking faci 1 i 1;y at that tim� when �;I�ey reach ful l poter�tial use of the,i r property. Mr. Clark said that t�1inco Products had an office buildiny and part of this bui1�ding was the manufac'curing p�rtion of the buil��ing, Across the street from this compl e.x, they al so occupy the �1 d T��kken � n��lachi ne bui 1 di ng. They noi-r wi sh to add on �.o the manufacturing portion of the buildirg, µ�Mich would be west of the �xisting structure. Mr. Clark revie�ved the building permi-� stipu1atians. Fie said they met-all the setback requirEments and parking req�tirernents oi' the Zonif�g Code. h9r. Clark said that through �:he years �this business has been well kept, well . mainta�ined, and Minco ��Jas a 000d �;ei�ant. � � Mr. H��rri s asked tti�ho ��as goi nq to mai ntai n the 60 •Foo� easement? Mr. ,C1 ark said this raas alr�ady an �asement for.North Surburban Se;-t�r District and �orther� S�ai.es Poti;��r Company, h1r. Kurl Schurr said tha� tf�ey mov�r it and maintain it. h10TIOid by Scot�t, seconc�'�d by Bergr,��n, that thc P.Zar�nirz_q Comznission r�ceive the aclminis�rative staff.. rcport for a p.Zant additiol� to 17inco Products, Inc. , at 7300 Corrunerce.Z;ane N.E. and recommend ap��roval of this buildiny permit. Mr. Scott said that f�inco ti��as a good neighbor and it ��as a pleasure to have such a company in Fridley. He would ce►�tainly liE;e to see their expansion go for�,jard. UPON a voice vote, a11 vating aye, t1�e motion carried unanimously. RECEIVE ADMIf�ISTR/�TIVE STAFF REP�RT FOR A 6UTLDTNG PERMIT REQUEST BY BERGSTEDT REALTY, FOR AN O�=FIC[: GUILDING 1�0 k�E LOCATFD AT 1040 52ND AVENUE N.E. ADMIfVTSTRATIVE ST/1FF REPORT GENERAL DESCRIPTION: This per°mit is for the construction of a nev� t��ro story, 98' x 37', office building at 1040 52nd Aventse N.E. The building �,rill be cons�:ructed of raked pre-cast conc��ete panels with the entrancefacing east along the east side of the property. They W1�� be sharing tf�c driveway to the west oi� the apartine�t coinplex to gain access to i;he property.lnd ��ri11 be'providing 4G park.ing s�:a11s which will be shared by the apartment complex. Landsc:aping is approved accordinc� to apprcved si`ce plan. � � , ' �� . � i �� ' .� Planning C�inmission Me�ting_- August 20, 1975 � Pa9� � The bui1ding n�eets all code requirements with the exception of the side yard • setbacl< 1'rom 15 feet to 5 feet and the froni; yard setl}ack from £30 feet i:a 35 feet, bdth of wfi�ich have been recommended for approval by t�ie A{�peals Gomm�ission. ENGINEERING: There.doesn'i; appear i:o be any engineering prob1ems. �Drainage off thc site could �be handled eithei° by �lraining to 5?_nd Avenue �d.E. or by hooking to Columbia Heigflts Storm Sewer to the bac(�. of their nraperty. EiVUIROi�ME�dTAL : � . 4R Thcre ��ill be no detrimeiital enviroi�mental effect vtith the construc�ion of this facilii:y. The cons�;ruction of the parking faci1ity wi11 provide needed adaitiona1 parl:ing far the apartment com��lex ai niaht an�i on the ��eekends. The apartnlen� complex • is presently shor�: af�ou+, 40 parking stalls.. T�his construct'ion will prov�ide an �, additional 46 stalls. � BUIL�If�!G PERi-1IT STIPULAIIONS: . , " 1. Dt�a��v uy� agreements foi� joint usage of .parking and driveway facilities. 2. Submit copies of drainage and grading to the Engineering Departm�nt for ' . � appro��a1 and appropria�e direction. 3. -That carbing be placed on the East side of tf�e e�t.rance driveway and along the north 1 i ne of the a.pa��tmeni parki nc? fuci 1 i�y to a poi nt ad jacer�t to �che east property line of the or-Fice buildi►ig praperty. (as shown on approved . - plan). . � . Pdr. C1 arl; rev�i e��aed the staf� r�epor�; arid the hui 1 di r�g permi t sti pul ati ons . Ne ,� sai d thi �� d cane up i n the agenda agai n becuuse i t requi red a 101; spl i t. • Mr. Scott sai d �he agreement for� joint usage , of �park�i r�g and dri ve��ay faci 1 i�:�ies .' . should include s��oti� rem�val and til�ain.tenan�e. Mr. Clark saic! he thought that was a good point. . .� i � � � � � Mr. Drigans said that he hoped this agreemnnt made it evident to the apar:�ment residents that this parking lot F�,�as for overnight parkit�g; and vdas not �;o be used for excess parking of recreai:ional vehicles. Mr. Clark said it wo�ld have to be restricted to r�ator vehicles that have every day use. . � r10TI011 by ,Scott, seconde-.d by Bergman, t12at th� Planning Conmtission receive the admir�.istrative staff repart for a building �errnit request by �ergstedt Realty, for an of.fice btiild.ing to Ue Ioca��d a� .I090 52nd Avei�ue 1�'.E. and recommend approval except tliat snow removal and mainten3nce be includ�d in th� agrc�etnent for joint usage of parki�Ig and clr.iveway facilities. Upon a voice vote, all voting aye, the, 7710t.ZU11 carried unanimous.ty. ' ' � LOT SPLIT REQUCST, L.S. �75-06, LY BFRGSTEQT-ANQ�RSON REALTY C01�1PANY: Split off �C'arccl 540 froin Lot 7, Flud.itor's Subc}ivisior� ��o. �53, to allo�•r the const►°uction ._.• of a commerci'al l�uildln�;, w7th joint ��arking fo�r the adjacent a�artment complex. The. sa�1�e being 1040 52nd Avenue N.E. � Mr. qri��ns s�ic', he i;i�ought this had been covered. prei;ty thoroughly in both the Appeals Commission minutes and the adn�inistrat�ve staff re��ort. I � � S' � ' ' � ' P1annin Commission Meeti'ng - I��us�: ?_0, 1975� � � Page 5� 4S h101'ZON by nrig��ns, scconcted l�i) I�angenfcl.d, that thc Planning Comm.ission rccommend , to Counci] apr�roval of the request for a Z;ot SI?lit, L.S. N75-06, by I�er.gstedt-Ar.derson Realty Com�z:a»�, to split off Par.•ce.I 540 from Lat 7, Audito.r_'s Subdivision No. 153, to • a11.vw consi:ruci:ion of an o.ffice building at 1_040 52nd Ilvenue N.�., with �liar.ed parkinc� fox t12e ad j�ceiat �n�irLm�nt COTiIj�.ZCX. ' • . Mr. Harris ask:ed the zoning on this property. Mr. Clarl; said it was zoned . , commcrcial. He said �;he aparti��ent complex vras zoned commercial also and was built in 19G4 before the zoning code ��as recodified and you coi�l'd build apartn�ent buildings in •any zon,ing. . UPON�a voice vote, a11 voLiny aye, th� motian car_ried unanimously. COfdTINUED: PUQLIC HEARII�JG: REQUEST FOR /1 SPFCl/�L USF PERP�1IT, SP #75-08, E3Y I�!AEGEL.0 OUTDOQR P,DVEfZTISIf�1�a COiiPllf�lY: To alTow the continuation of an er.is�Linc� bi 1 l�.�oard on I_ot 7, [31 ock I, R ivcrvi ew Heights, per Fr i dl ey Ci ty Code, Sect.i on 214.042, the same being 8150 Eas� River Road N.E. � Publ i c ifear,i ng cl osed. MOTION by LarigcnFeld, secondcd by Scott, tllat the P.Zanning Com,-nission receive the memor.andum from Virgil Ilc�'rick, City AtLorney on �Special Use Perni�:t AppJ_icatzons for_ B.z_Zlboards dated August 20, 1975. Upon a voice vote, a11 vot�ng aye, the motion •carried UIZc"11211210i.I5_Zl�. � ' Ci�airman Harris said the Public Near�i�igs vaere all closed oi� Svaegele's requests i=ar a Spec�ial Use Per�rrit, He .thought they could a11 �e opetied at once. � MOTIOlJ by Scoti:, secon�3-�d by )7r_igans, t3�at •the P]arniny Commission r.eopen ti�e Pu1�l.ic He�.z'ings on requests for Special Use Permits bU Naegele Outdoor Adver•tisir�g ' Comp��ly, SP �r�75-OF3� SP i�75-D9, SP i�75-_ZD; •SP #%S-J.Z. SP �#75-12, SP �75=13, SP �`i75-1��, �, SP �#75-15, SP �#75-16. tlpon a voice yote, all voting aye, rhairman Harris declared t1�e Public Hearirzgs reopened ut 8:15 P.M. � P1r. l�irgil Her��ick, City Attorney, 1�Jas present and said he ti�ould try to ans��rer ' any �uestions the P1anning Commiss�ion might have in consid�ring the Special Use . Per�nits for bil1boards. • � Mr. Kraig Lofquist representing Naegcsle, said the company thou�ht they had . done a good jol� for the community and would lil<e to co��ti.nue to do so. � Mr. Scatt said that in the memorandum from Mr. Herrick (on page 2), it stated that f�e believed that findings should b` made ir regar�d to each tindividuai application and i:hat if the Commission recomi��ended d�.��ia1 of the a4��l�catioi�, it was imperative ' . that this denia] be based upon i:estimony or evidence received at the hearing and `that findings be drawn accordingly. He asked T�ir. Herrick if that meant a citizen wbuld havc to appear at the heat°�ing to give such �estimony oi° evidence? Mr. Herrick said no, he has ass�m�ed that there ��rould be minute�s taken at the Publ ic Hearing und , he was a�,�are that staff had made certain information avai1able to the Planning Com;nission as to tk�e statistics on the various b�llboards 7n �;he City. Ile said that ' any �informal;ion given to the Planning Commission by i.f�e administraiive staff or i:ne ' � sign compa��ies wo.u1d becon�e a matter of record in ti�e minutes, and tl�is would be cansidered testiiuQnY or evidence.. •Ile said the P1�nnir�g Coir�i»ission should base tfieir find.ings on t.his evidence ar testir�uny, '� ' Mr. Scott said i;f�ere was a�toi�e of consistancy in this memoran�ium in that there , . - . ' «.,-., � i � � � � � � � �� , i �_� L� 1� � Planninc�Commission P�eetinc� -/1��ust 20, 1975 ' Page 6 4"� shau]dn't be arbritrary decisions made. 'Ile said.he vras �si<ing for a legal opinion in �ha1; it cou1d be that one billboard was more acceptable than anoth�r. He said 1:her� may be only four f'cet of di i'�ference in a billboarc� they would recommend approval on and one that they may recommend denia1. Ne wasasking if the 4 feet coUld be constii:u�;ed as arbii;rary and what position vrau1d tlii� put the Planning Commissionin, and would tiiis neyate the consist�ncey aspc�ct? Mr. Scott coni;inued, tha-� there may. be or�e bi1lboard �:hat was less offensive than an�tPl�r, or i:l�ere may be more of an inv�stm�nt in one than anol:Vier, an�+ as these are s«nposed to be considered on an individual basis, and as we knovd that none of them meet a11 the requirem�nts of i;he code, wou'Id ��!e be j�opardizing 1:he consistancy factor by approving one and not the other, �r, Harri s sai �i t;hat i f you arprov�d one and not tl�e other v��here the stati sti cs ��rere basically the same, he thouyht th�y vaol�ld have cu state their reasons and -findings for a�proving one and not the other. f�1r. D��igans satid �:k�at after the Planning Commissiot� made their recommendation to the Ci ty Counci 1, he wondered i-� thel�e ��as a good passi b�i 1 i ty that the Counc i a �-JOUId set pub1ic heat�ings on these i�il�ibo.ards? Mr. Flerricfc tl�ouc�ht there �,�u a good poss �i bi 1 i ty that ti�ey ��JOU�I CI. � t�1r. Dr�igans said he had some strong res�rvations on'some of the billboards, not al l the bi,l l Uaards . The bi 11 bo.ards he vaas mast co;lcerned 4�i th �aere the b�i 11 boards al ong Inters�tate 694. fie sai d 1;here l,�as one bi 11 boa.rd that you had-to lool: throught some 1�i ght standards of Qurl i noton i�ortl�ern to read, and he fel t they vrere a tra�sfi c hazard5 but he'didn't kno�v if tha�; could be upheld in Court. P�r. C1ark said he didn't disac?ree �d�iih Mr. Dr�i�a.nss but �zt the time of t�enard's sign, some exper{; tes�ti��ied that tl�ere ��ere na facts which cauld be substantiated that any sic�n caused , a traTfic hazard. � • P�1r. Olson said the billboar�ds that f�r. Dr�igans �-�as referring to were billboards ihat t�roul d eventua1l,y be comi i1g dovm i f the Pl ann i ng Coi�;mi ss i on recommended approva l with tf�e s�;-i43ula1.ion that the,y be re�»oved uahen the prope�^ty v�as developed. He saic{. the only bi 11 boards that ��oul d not l:�e affec�ted by devel o4�m�nt were a coup1e of bi 11 � boards on Mrs. Cooney's property over by .I�ier�ard` s. f�r. Olson said this was a sma11 strip of land, ard f�1rs. Cooney tih�as quite concerned about the billboards remaininy an l�er {�roperty, because thi s��ras the only income she coul d expeci: from thi s proper�:y because of th� nature oC it. Mr. Langen�eld said he agreed with P�ir. Drigans' comm�nts, but looi;ing.at this from tf�� other sicle, he thougl�t a cour.t of 1a�� rould say that you needed statis�;ical data �;o prove v�isua1 distt�action. � P1r. Lofqui st sai d thi s poi nt. has been brotagl�t u�� i n a caurt of 1aw, and i t ��ras found that ti�e��e 4vas no correlatibn between traf-iic accidents ar�d sic�ns, so this has� bee�� ested in court. . h1r. [ierg�l�an said he had been i�►�able ta establish any sort of criteria, with ��ieat in it, whicl� would rnake it. possible to make individua1 assessments of these billboards. Mr. Lai�gcnfeld said tf�e inform�tion 1:tie Planning Com��ission had on tiill�oards was not sufficient to base a denial on, in t�is opinion. any tt�ese Mr�. Ilarris said he didn't see I�ow they could justify denial, especially a blanket der�ial. !{e 1;houghi: the�ir best ho{�e was to recommend a��proval with the stipulations reco�i�nended Uy staff which were, that tlie I�illboard be ren�oved when i;he �pr�perty was � r..,p- .. Plannin�Commission Meetinc� � Auc7ust 20, 1975 _ 1'�e 7 4� developed, and put a percenta�.�e fiigure on the amaun� of damac�e a l�illl�oard could have be Fa.re i t coul d not be rel.�ui 1 t. . � Mr. Lindblad, Vice Cha�irman of the Community Development Coir�mission, was in the auclience, and he said that the process of k�aviiic� a Special Use Permit Public Nearii7g hci�ore bottz Planning Corn!nission and Council was -fo1loti�ed an the request by Stephens Datsun, on East Riv�r Raaci. One of the reasons for this being denied, 4ras bec�use the people d1CI11�� wan� �it t;here.(��ote: There v�as no action taken for deni.al; pc�tit-ioner t��ithdrew his requesl:). He said i�; �vas up to the City to a��prove or deny a Spec�ial Use Permit. He said iie �:hou�ht i-f the records were searched, other insta►�ces ti��ould be found �r:��ere a Special Use PGrmit was denied, the main reason being tha�; i;l�ere ��as just i:oo much objection frorn the people. Ne said he couldt�'t see . any reason just hecaus� Naegele i-:as �,hreatening to go to court and l�Jin Stephens di�n't, that; tf�e City had �l:o follo,�t a differen�; set of rules. He saic� he fe1t the City had been tryi ng to get ri d of !�i 11 Loards far. over 5 years , and I�e caul d��'t understand ��tf�y the Special Use !'ernii�: clause had been writter� inio tf�e slgn ordinance. I�r. Herricl: said the t4inn�sota Su�reme Court had, on a number of occa>ions, statect tne criter;a that should be used for Special Use Per�r�iis. O��e ofi the recent findings sfiates �f:ha-l: a Special Use Permit �:�as for a use� that was a1lDwed v�ithin a certai n type of zon� ng, anr� the purpose oi� -havi ng i t �•�as that ��hi 1 e the Ci ty reco�- nizes ihat i t vras an accep�:a_t,l e use at most 1 ocations , i t may not be accep'ca.I�l e at all Tocutions, for special reasons. The burden of es�ablishing that there a�as a prob1 e�i� Gri th a parti cul ar iase at a particul ar 1 ocati o;� ti��hi cl� ��aou7 d crea�e a hards4ii p or a burd�n had io be sf�oG�n by some evidci�ee or testimony be�oi�e the Planning Ccmmis- sion or° the City Counc�il. h�r. 6ergman said there had been previous discussion that the Sigr� Ot�d�inance had g� ven ti�e s-i gti co;npani es f i v� years to rccover thei r i nvestnent, cal l ed amorti zati on . company did not accept amortizatioi��as 3ust compensatian lati�rs talk ab•cu�t casi7 comper�sation. f��r. Bergmar� asl:ed abou'r. t�ir. Lofquis�t said far pu►-�{�oses of an example, let us say to insta119 and each rr,onth �this board creates incosne. He e>:act formula used for cash compensa�c�ion, but it was based 6'ergman sa�id ��hen. an amoi�tization approach was meaningless. . . Mr. Lofc�uist saic, his and botii Feder,al ai�ici Sta�e the recover of cost �t;erm? that a hoard costs $150Q.. said hc couldn't give th.e on these t��4�o figures. Mr. � � Pir. I�erricl: said at the tiir�c the sic�}n ordinance was a.dopted, the feelin� 4Faas that �in ord�r to require a company to remove a billboard, a certain i»inimun time �ao�la have �(:o be a11o��d to a11o�� the s�gn compan�es to recover their inves�:ment. He said �:he minimum time given was_5 years, and tlien a Special Use Permii: would be ' .. � required. He said it was tl�V�l" indicated that al1 billboards ��tould be dov�n in five � years. E�e did no�; think that was �Lhe �intent of ti�e ordinance. � �� , � � Mi�. Scott�said 1;he Minnesota Supreme Court had ruled on the Minnetonka Ordinance that i;hree years ��as a 1 ong enough i;ime for amorti zaii on, h1r. Herri ck sai o the Ci �:y Counci 1 was a4vare of thi s and that was �vk�y they had ►nade 1:hei r' s a 5 year p�ri od�, . just 1;o be o�� the safe side. . . Mr. Qrigans said they had been discussing amor�:ization on the structure only, but �:he Naegele COfilnany said they ��roulcl also b� having a loss of income. He said that if a� billbaard was s�;i1l producii�c� incomc, then it was still valuable. Mr. Ne}°rick said that i fi ��e shoul ci ci�d up i n�I i ti yati on i n court , f�e �vas sure that the s i gn conlp�ni es would use �:hat argun�ent. h1r. I�errick said �:he City would have 1:he right bo condemn a hi 11 boar°d, tl7e same 4Jc1y tIl('y havc� the ri ght to condemn any structure for publ i c reasons. ,H� said one of the questions would be if the amort�izat�ion theory ►�ras valad` � . . . .. L1 � � � , ' � � � ' Planning Cornmission Mect�ing - Au�us�t ?_0, 1975 � � �' �P�e £3 and perhaps everi more irnportant �;han that v�as the question of th� variances of �:f�ese ind�ividual signs to the Cii;y's si;ated reqriirements Ue sufficieni: enough for denial of a Specia1 Use Perinit. t�e said that as previously sta�:ed, none of these bi 1�i boards mee1; al l the requ i ren�ents of the C�i i;y Code. ' � :�l Mr. 6eryman said th�t if the Spccia1 Use Perm�it was denicd hecause the billboard did not mee1; the City requirements, then he thought the recovery of costs through amortization.woulci be sufficient. Ne didn`t think they could sue for loss of income on a non-conforniing sign. h1r. Herrick asked i f i L was l:noti�rn• ��hen each bi 11 board �•�as cons�;ructed? Mr. Clark said this was on the original sign permit application. t�ir. Cl �zrl; sa i d he had a questi on . If a b«i 1 di ng perm�i � had been i ssued for anything, and after it i-ras constructed, the City changed the Code so tf�at builcf�ing no 1onger met �he Code. l�lauld ihere be any basis to deny that building permii; at a 1 ater dai�e? ' •' I�ir, Herrick said th�is tti�ould be a little bit dirficult to ansvrer,_ bui; h• would say that c?enera7lys no, unless the q��ality of tf�e structu��e jeopardized the heal'ch, sa�ety and ufel��ar�. - T��ro exan�,�les �;hat he used ��re, tf�a� if a structure �-ras buil_t befare u communi�:y ha.d an elecf:rical co�e, and�then they adopted one, and_i�; was discovered tha� �the elect�°ical syste.m «as a fi��e hazard, thcn the Gity could- insi st th�t t6��i s be bro�aght u�� i;o Code; but, i i� a house ��fas I�ui 1 t pri or to ado.��i rg th� Co�e, l�aith oi11y 700 syuare feet of living a�ea and o�tr Code no�� says i.hat it Iras �o have 1, 020 squure i�eei, s-fe coul d��' � force. �hu� person to add on to hi s house �o bring it up to�Code. P�r. Clark said you couldn't require that the house be rrioved on the lot e�itf��r if it dic�n't m�c�t the 35 ft. fr'Oi1i; yaru setback. � I�r. Qrigans aske� ��4r. Herricl: if ��here thn ramp v�ras located for thn free�4ay and i t ��ras a f�ottl eneck because of ��I��e heavy tr•a�ffic, coul d i t be defendabl e i n court tf�at b�i 11 boards i i� thi s area coul d b� an addi tior�al traT�Fi c hazard, and ��ere detrin;ental to the heal �;h safety and general vrel��are of the publ i c? '� Mr. Herr�i cl: sai d th� L on the sti�cii es he has seen , that i t had heen stated that there ��ras no euidence tha-t signs created'a traific problem.. Mr. Drigans v�rondereu wV�ere you ��oul d get s��ch an expert �ti�ho coul d gi ve �i nput on thi s probl em. Mr. Clark sa�id he didn't thinl: that if you studied the reasons �fior tra�fic . acc�idents i n any cer�;ai n area �, that you woul d fi nd too many peopl e ��rho woul d admi �t or state {�ubl �i cly i;hat the,y caused an acci dent because t;hey tti�ere looki ng at a bi 11 board. Mr. Dric�ans said that even if tr�ey couldn't get expert opinion on this, he still fielt there was.a �oteni:ial safety hazard. • Mr. Langen-feld said he would :yik� to quote a couple of statements from Mr. Neri�icks' iT;emorandum to i:he City Council, and then he thought the Planning.Commission could proceed to the indiv�idual requests for Special Use Permii;s. He read, "Where a speEia] use perij�it is issued subject �;o condi�:io�s, the c.onditions must cot�form to the f07�0��llllC� si:andards: ".... to pratect thc public health, safety, convenience and tivelfare, or to avoid i;raffic congest7on or hazard, or other danger.s, or to promo�Le corlformity of 1 po,sposec! use with t.he character of t�he adjoining piroperty and uses, and �Lhe district as a whole, or to protect such characfier." Section 205.106. Tf ev�idence� is presented at Ll�e hearinc� i:ii�t thc requested use is compatible with t{�e basic use authorized �vit;h�in the part`icular zone ar�d daes not endanc�cr the public health, safei:y or general �,�elfare of the area af�Fected or the communii;y as a whole y•M�,�` Planninc� Comm•ission Meeti►� - 1luqust 20, 1975 • Page 9___ 4 4J � and comp1ies with such other standards as specified in Section 205.101, .19G> the • special usc p�r�n�it should be granted and a denial vaill I�e deemed arhitrary, unlawful, and in vio.lation of th� app1ican�:s' constitu�tional rights." � � . � Mr. Scott said that at the Planning Commission mee�ing of August 6, 1975, he � had sta�;ed that he had been to a Chamber of Commerce meeting and had found no support for 4�illboards in Fridley. He said thai: since that �;in�e, the Chamber had received some� ca11s because O�i �f1iS stat;enzent. I-le said I�e was also� a member of the ladvertising C1ub of Minnesota, so thai; if ai�yone ��vanted to coni;act him personally, they could contact h�rm through that agency also. . . The Planning Cornmission started their discussion on the inciividual-Special Use Permits requests. STAFF REPORT Location: �150 Eas� River Road Date of sigr��ermit 10/19/67 Owner Naegele Comm�n�rs Lease runs to 10-19-79 � . � Si n .Information _ � � , *7. I-{ei�ht (25' ) 24�' Qase / 36' Top 2. �rea (300) 12' x 25' DoubTe Face 3. Distance 6et. Si�ns (500.') Meets Coa� -��500' *4. Setbacl: F►"0111 Street R/l�J Lines {3.0' )__ 24' to Fairmont R/l�! 0 � � *5. Dis�;ance From Street Intersectioti (500' ) 60' from in�;ers�c�tion Df Fairmont �,� . • & East River Road . *6. Distance..From Residential Uses (500'} 100' to R-'I District I� 7. Conditi on Status (al l 1�1°�:al ) Steel and F1 uo��nscent � **i3. Zoning (C-2S, M-1, M-2) C-1 � �� * Non-coni�orming to existing ordinances • . ** Non-conforming 'co zoning requirements � � C' � � Chairman Harris read through the stafif report, noting where this sign did not meet the code requirements. . Mr. Clark said this billboard G,�as located on developed land. He said one of the si:ipulations recommended in Dick Sobiech's memo was that a billboard should be removed urhen the property was deveioped. � � t�lr. l�ergman said there wereei�ht criteria listed for each sign. This particular sign did not meet the sign ordinance and zoning ordinance in 5 of those criteria. Mt°. Qrigans questioned whether either o� the sti�ulations mentioned in the . staff inemo would I�OId u�� in court: �One was on the devclopment of property, and the other vaas that damaged si gns co�ii d not � be rebu i 1 t. P1r. Cl ark sai d tiiat i f an agreement was reached bet�-aeen tl�e City �nd tl�e sign companies, and i;his agreenrent was . , . . � . .�`� ` � � � � i � � � Plannin� Comrnission Meeting�- Auc_�ust 20, 1975� ' �"' Page 11 4 Y wanted to attain, but tl�ey were just part of a plan, wii:h no official adoption yet. Chairman !-larris asked Mr. Scoi;1; if there were any other factor. he was basing� his denial on. Mr. Scott said the fact that this�billboard was non-conforming in fi ve of �;he eT �ht cri �teri a for � bi 11 I�oard �-Jas taken i nto consi derati on , but he Uras basin� f�is den�ial exclus�ively on aesthei:ics as t�e s�:ated in his moi:ion. Fle said that tl��is statement had he�c1 up in the lia�A�ai�, New York and Oreyon courts. iie said h� didn't know if it ��ould hold up in i;he Minnesota Supremc Court, but nobody in tliis room knevr th1�.. t�1r. Drigans sa�id -that ge�:tiny back �o f�1r. Qer:g�zzan's staten�ent that� a71 the ordinances of 1;h� City ��rere concerned with the health, safety and general welfare oi' the coir��nunity, he said this particular si�n viola�:es the ordinances in five of the eight criteria. f�ir. Scott sa�icf he vrould accept tha� as part of the motion. . ��ir. Herricic said that any motion fi'or denial should state how �he sign violates the orcf�inunces so i;hat this ��r�ould be par�t o� the evidence that �-�ould be needed. ' f��1r. LFxngenf�l:' �aid another reason i=or cienial �-rould be �;hat the overal1 intent of our ord�inances 4�ras to protect tf�e hea1tf�, safe'cy,'convenience and .general 4��elfare of our communi��y, and as this billboard v�iola�:es these ordinances in the height� the setbuck r"rom stree�i; r7qhi; of ivay lin�s, �he distance firoira a street intersection; the distance from residential areas, and 4-aas locai.�d in an improper zoned d�istric�:, there�i=ore, each one oi �the iterns so indical;ed, a►�e reasans fnr dei��ial, not only because this sign vras non-confor�ning�to niany requ�irements, but the intEnt af a special use permii as 4�Jei1. - P�1r. 6ergman saiu t}�ere-s�ras a�general atir,osphere f�t� denial based on this sign � being non-conformir�g in 5 oi= i;he 8 criteria, and a�stl7etics, bu�: putt;ing himself in the position of t{�� petitio��er, because the adminis-(;ration and Planning Commission vras ;... a 1 i�:tl e'�ardy i n getti ng at th�i s ques�ti o��, and rrai» thei r vi ew �and the other si de of 'the coiE�, ��e al�i agree tV�ai ��e ought to enc�urage business, �,rhich ti^1as healthy, and � try �:o r°elaie �Nit{�, and complim�n� busir-�ess and co,i�n�ercial activity. He said that; in his opinion, a flat re�com�nendation for denial no�v, frorn their v.iew, he «ould . consider to be fa�irly abrupi:. He said h� could say 'chat, knowing that th�y could ,� find his i�ame on the first aocument bacl: in 1964, whieh was a docu�nent concerned witl� the need to ha��e a sign ordinai�ce. f�e said �:he P7anning Commis.sion had beet� . involved �vith �;I�is, since that time. P�1r. Qergman continued that when the ordinance � �vas passed � UJ1 f:�l the fi ve year 1 imi t before Speci al � Use Permi ts Wei^e needed , i n� hi s opinion the sign con�panies puid little heecf to �he it2�plication �:hat the.continuation of biilboai�ds had som� negative flavor to it. He said that to get back to tl�e �, action oi� these billboards, and to avoicl m�isundersianding, and to allow for son�e empathy, he felt a flat denial ��ras too �al�rupt. � � � � Mr. Harri s�sa�i d he agreed �vi th P1r. Bergman , and he a l so agreed �ai th the rest of the Planning Commission in �;f�at he would like to see this particular`billboard go, he thought the �el:itioner's, for lack of a bel:ter �vord, constitutional ri�hts, have . to be recognized, and he tho«ght a be�Lter �vay of handling this v,�ould be 1:o approve the conti nuai;i on of the,� bi l l boa►°d, tvi i:h sti pul ati ons . One of the sti pul a�i ons �ei ng tt�at thi s� bi 11 board he a.l l o�ti�ed to �ontinu� unti 1 the end• of the present 1 ease whi ch t�ras 10-19-79. fle i;houghi: this �articular billboard should go because it was located in a developed area. Ile sa�id that if the sign co�»�any would agree �:o that stipulai;ion, then he could vote for such a motion, and if ti�ey wou1d not, then he would have'to go aloiiy.t�rith the denial. , . . UPON A ROI.I CIII.L VOTL•' I'Ul: DENIl1L, Scc�tt and Driqa�ls voLiriq �ye, Bergman ai�d P1anninq Commi .sion Mee�.in� -/�uc�_ust 20, �1975 � Pa�e 12 4 AA � � � . , liar.ris vvti�zg �lay, and T�ngc�nfeld abstairTing, the MOTXON I'AILSD.because of a tic vote. . � � � � � Mr. Qergman said 1;r�at he thought their ��ction should recognize long term or �eventua1 gain rather than arbritray and immed�iate intentions. MOTI.ON b�� 13erc�man, seconded by Langenfeld, t_hat tli� Planning Corrunission reconmiend te> Co�ncil approval. of tl�c� regvcst for a Sp�cial Use Permit, SP �#75-Of3, � by Naegele OzzL-door. Advertising Company, to a11ow the co��tinu�tion of an existiny. billboard on Lot 7, B1oc1� I, R_iverviera Ileights I�ddition, per Fridley Cit'y Code, Section 214.042, the same beiizg �15U �ast River Road N.�., with thc following stipulations: .Z. Y3hen�ver tY�is advertising sign is destr.oyed or damayed by an act of nature, vandalism or oL-her means, i:liis sign cannot be rep��ired or rebuilt and wi11 havc to be rcmoved. � 2. 3. T11is Special Use PcrmzL t_o be reviewed anni�alJy. Tl�is billboard be maintaine�l in good c iality cond.ztion. 4. Thi.s billboard Ue remov�d on or beforc Octobcr. 19, 1979, the �expiration date of the current lease. � Mr. Scott asked if ther�e was goin�� to be a percentage figure on the damage a- bi�ll board shc�ul d have be i ot�e i t had 1;o be removed? 1Jr, C1 ark said �;hi s stipul ati on reads that i f�;here 4�as �?ny dai�iage ai; �a11 , the bi 11 boaru v�ould have to come do��m d h1r. Olson saic', he felt the intent of this. st�ipulation �=ras the same as other nonp • canforming t:ses, meaninc� over �0% clamaged. P�r. Harris said �:his should be 50% per face. �ir. Cla.rk said he i�el� this�tvas m�ant to cover the structure, no� the panels themselves. • . � _� Mr. Drigans said the first s�tipulation su��gested by staff wouldn't apply to i,his sign because the proper�:y vras already developeci. � � � � � ' Mr. Lofquist said the Planning Commission's interpreta�tion of this st�ipula-tio:i was di f � er°eni i�rom the agreeme��t t�l�at had been ��orlced out l�ti th the R�egel e Company. He said they agreed that none of their billboards �vould stand in the way of any future developmeni, b«t when the property was develo{�ed, if that billboard was still far enough away from any buildinys and ��as no�t an obstruction, it could reinain. I-ie sai d now i t ivas starti ng to sound as i f i t G�as a iz�ethod of getti ng ri d of the bi 1.1- baards. Mr. Harri s� sai d the . t��ay he ��ead the sti pul a�;i on , was that i f a pi ece of propGrty ►vas developed, �:h� billboard gc�s. This stipulations says that whenever a lot is dere�lo��ed, and an advertising sign is located t�pon it, that sign vJill be removed. Mr,. Lofiqu.i s�; sai d he kneG�a that was the way i t�-ras wri tter�, but that was not thei r verbal agreement. � . . Mr. Lofquist sa�id i:hat if Naegele did not agree to the stipula�:ions for this billboal�d, he understood that whai the Planning Commission was saying, then the Speci a1 Us� Pe��mi t �voul d not be aE�proved. Mr. ilarri s sai d tl�at on thi s parti cul ar bi1lboard, if' Naegele didn't agree to these stipulations, then he would favor a denia'1 of the special use permit. Mr. Herrick said �:hat if the sign eompany did not agree to the stipulations, ther► thc Plann�ing Commission wouldn't have d�isposed of tfie matter. He said i;he � Planning Commission Meetinq - August 20, 1975� ' � Pac�e 13 4BB Planning Commission was only making a recommendation to the Council, but a� some poin� in time, the sign companies were c�o�ing to�have �:o agree to some stipulations ei ther 1111t�E? by 1;he Ci ty Counci 1 of by �;he Pl anni ng Commi ss i on before the probl em was solved. Mr. Dr�igans said he was going to vote against the mo�;ion because he felt that the recommendation for approval should eitf�er have stipulations that Nacg�:,�le agreed to, a.nd the motion that had been rnade -For approva1, had stipulations that he thought every or�e in the room felt� that �daec�ele t-:ould not ag►�ee to. He said that if he a�as in their sl�oes, as a prudent businessman, he wouldn't agree to a stipulation that would term�inate his business vrithin a gi��en period of time. He didn't thinl: the Planning Commiss�ion �-ras dispos�ing of �;hese requests in a very pruclent and judicious way. . �1r. Olson said. that �eaegele does business ull ovcr the hietropolitan area. He said if some of �:he,Special Use Permits i�rere approved and some vaere denied, they vrou1 d h�ve �to eval u�te thei r 1 oss or busi «�ess . and al s� ,the pr,eceden�c that mi r,ht be sei: that could af�rect their bus�i►�ess in otf�er communities. He said that if o�e Special Us� Permit t��as deni�d5 such as �tf�is one at 8150 East R�iver �load, anc the res�: �vere approv.ed, they rn�igl�t go along �•iith that, bi��; if � out of 9 were denied, he didn't th�inl: they would ever agree to that. . . � � I�ir. 6ergman said he had quickly checl:ed �he cri�teria on the other requests� � for Speci a�l Use Permi -cs , and out of the 14- ►�equests , th�i s was the second v�orst . s i gn in Frid1ey._ � LTPOR� 1� ROLL CALL VOTL; I'OR APPP,OV�1L, Scott anci Drigans voting t�ay, Ser_gmat�� Harris and Lan�ez�feld vot-ing a�e., the 1�107'ION C�IRRIGD. , '� Chairn�an flarris called a recess at 10:15 P.M, and reconvened the meeting at 10:35 P.f�i. . . � t�1r. Lofquist said the Nae�ele Sign Company did no�t believe in amortization, but he ��ao«1d have to agree �vith hfir. Olsor� that the loss of one sign was�not of primar,y i�ri�ortance, it vras rfhat vr�ould f�appen on the balance of ti�e requests. Chairman Harr�i s sai d he undet�stood thaL h1r. Lofqui st ��Youl d wan � to see what happened to the enti�°e ��acl:age, and then make his commcnt at tf�a� tiiilc.. CO�dTTNUEQ: ('U[iLIC f-IEARI(�;G: REQUFST FOF� A SPECIAL USE PER��1IT, SP �'75-09, 61' � NACGFLE OUTDOC1iZ /!Dl'ERTISIfVG CO��iPAf�Y: �To a11o4� �che continuation of an existing bi �l l'board on�1:I�e l�Jestei•1y 500 �feet of Lot 1, Audi.i:or's Subdivi.sion No.� 89, per . Fridley City Code,.Section 2�14.042, the same bei►�g 7201 Highvray #G5 N.E. Public Hearing open. S'fAFF REPORT Loca�;ion: 7201 Iligfi«ay ;fiE5 N.C. Date of sign permit: 1962-Rebuilt 1968 Owner:' Naegele Siqn Tnforination: Comments: Lease runs until �-1-�4 1. �Hcigt�t (25' )_ 10' Case / 22 ' Top 2, /lrea (300) 1?_' x 25' 0 , P1annirig�Coirnnission Meetinc� - August 20, 1975 Page 14 4CC � ' . �� I�j Staff report (continued) 3. Di�tance 6et. Signs (500') Meets Code -- 500` 4. Setback From S�reet R/GJ Lines (30' ). 200' from R/t�J line *5. �Distance From Street Int�rsection (500`) 165' from intersection of 72nd & . Highth��y ��65 6. Distance from Resideniial uses (5U0') Meets Code -� 500' 7. Condition Status (�11 hieta1) h1ee�;s Code -- Steel & Fluorescent �. Zoning (C-2S, M-1, hl-2) 1��-1 * «on-conformii�g to existing ordinances ** Non-conforming to zoning requirements Chai rm�n Harri s�°ead throu�h the staf�F report ar�d noted �Lhat thi s ir�t al l thc � criteria for a billboap�d except �:he distance from the streel: intersection. , 110TION 1�� Scott, seconded by Dii.gans, that t1�� Planning Commiss.iori close �he Pttl�lic tlear.ing or� the request for a 5pecial Use Perrait-, SP #75-09, by Naege.Ze Ouf_door Aci�Tertisinq Company. .Upon a voice vote, a1.Z vo�ing a�e, Chairman Harris dec;Zared the Pu1�.Zic Hear.zng c]_osed at 10:45 P.M. Mr. Ur-iga�ns said he had no �omplaints on this billboard. h1r. Clark said it was located oi� vacant property. � Chairman Harris sa�id f�e had a question about the ordinance. ldhere did they get the stipulat�ion that: a sign hacl '�o be 5Q0 fieet ati�,ay fl°om a stree� intersection? ��1r. Clark said h� didn't I:now, but he eJas assun�ing that they wanted them �ar enoug�� back so they 4-roul dn' 1. confl i ct �;i th tra rfi c. t�ir. Dri gans sai d a normal ci ty bl ock was 6G0 �FeeL, so there 1,�as no 4��ay any bi1lboard� could me�t this requireme�Tt. , NOTION b� Langenfeld, 'secondc� by b•rigarts"for discussion, that the Planni�lg Commission recomr�end t�o Counc�.1 approval of the request for a 5pecial Use Per_mit, SP #75-09, b� lJaec�eJ_e Outdoor Advertising Comp�ny, to aI]ow the continuation of an exist.ing 1>.illboard an the Westerlc� 500 feet of Lvt 1, Auditor's 5ubdivision ATO. 89, per F'r.idley City Codc, �Section 214.042, tl.e same being 7201 Highwa.y #65 N.E. with the ,folloti�ing stipulations: , 3. 2. [�h�n this property was c7evel•oped, t1�e advef tisin� sign located upon ii, wi 11 have. to be. removed . Whcn this advertising sign was desta:o�ed or damaged by an act of nature, vandalism or other means, this s_iqn cannot be repaired or rebuilt and wi11 ha�v� to be r. en�oved . ' 3.� This Special Use Permit,subjeet to annual rev.i_ew. . h1r. Drigans asked if they G�ere going to use the percentage figure of 50% damage as-for ot.her legal non-conforminy uses. P1r. Clark�said he thought this would�be hard to� ascertain. HG said thai; vahen there was damage to any oi:her ty�e of structure, he co�tl d get fi gures �f��oi�� any nuinber� o�F ��1 �aces , to del;ermi ne i f 50% or more of the value h��d I�een daniagecl, but t�e didn'i kr�o�-d �v'r�o could determine if a billboard s1;ruGture was over 50% dama�ed except the sic�n compan�ies i:hemselves; which would make this ,� �� Planninc� Commissic>n Meetin2 _ llu�ust 20, 1975 Page 15 4Dp difficult �;o adrtiinister. He said V�e would like the Pl��nning Commission to see if , � th�y could come i�p a�ai�th a clifferei�� alternative to determine v��ha�: amount of damage couldn't be repaired or rebuilt. • '�� Nir. liai°ris saici that 'it could be 50% of the structure instead of the valuation. ., He thouyf�t this could be determined visually, and if should be �0/ of the structure ' • per face. • 0 �107'ION I�y 13erqnlan, seconded by Langenfeld, to amend t11e mation i:o include a 4th stipuJ�tion: 4. Z'1i.is billboard be mai.nt.ained in good qualzty co��dition. Upon a vo.ice vote, Ber_qman, 1�arris, Driyan�, Langenfeld aye, Scott nay, thc �mend�d motion carri�d. . � ��ir. Sca�tt said he �f�as C�0'111C� �0 vote ag�inst the original motion because ��re wish ` to recoc�nize the role �-ahich planning and zoni►�g play in our municipal efforts �o guide � future dc,velopment of land so as to ens«re a pleasanl;er and inore econoinica�: � envi ro114neni; i ti tNhi eh our res�i cients ►nay 1�i ve and Sti�ork and base �hi s excl us i�,�e1y on aes�:he�tics on ti�e �raund that the pleusant a,n�earance oi our comn�unity has a direct � and bene-iicial ef�ect on proper�cy values5 and on the ��aell-b�ing o�f our residents., i a��d t.his �i��evitab�iy pro�rEotes t{�e general �.�el;are. �1r� Scott toal< exce{�tion wi�h � the C.ha i rman o�F �Lhe Envi ronment�? 1 Cori,�r:� ss i o�� tf�at th�i s ttifas no� aga�i nst the �-,�e1 f�i�e � of ihe community, and it appeared to h7rn tha�t th�is vras_aaainst the proposed goals , anci ok�jectives a�� his o��ln Con�mission, as��d he sa�d he ��aas distressed tl�at �;l��e Envi r•on,��ental Com;ri ssi on di un' �I: see i�it Lo address thi s probl em, and di dn' i; take a posi�tion on ��hat 4�ras environmentally sou��d and 4��hat vfas visually pollutant. They , havcn' i: cli scussed thi s i n 1:I��i r miti�utes s�i nce the pt�obl em car+�� up . He sai d thd_t hF thought �this vras the purpose a�F the reo��gar�iza�tion and as far as he could te11 fro;n the m�inutes, i;he fiu�nan Resout�ces Commission was t{�e only one <<�ho had addressed thi� prabl e�}�. . . Mt�. Langenfeld said he respec�Ged t�1r. Scott's opinion, b�t he had �taker� the n�cessary steps sev�ral months ago to try ai�d get i r►pu � from hi s Gomm�i ss i on o�1 � the b�i 11 uoards . They too'�c no, i nt�r�st i r� the bi 11 bo� rcis and t{�e i ssue faded away. He sa�id t�is Com�nis,�ion had i��a:1e a mistal:e in not pursuing the billboard sij;uatior� furtl�er. f�'ir. Lli��igans saici �;his ��,�as dor�e ��riar �;o �:he Planning Canmission reorgan�ization. Pi��. [3ergman said he felt iiab1e also because hc� had no inpu�; from his Commission, but he said he 4vasi�'t rcally co«iplainir�g because there tiaras so much background inaterial not�, I�e didn't tl�`ini: anytl�ing c�uld be gained by send�ing this to a lower Commission. UPOA� A ROLI CIIT,I V02'� ON T1fI, 1�lOTION I'QP. 7�PPROVIfL, Bergman, Harris, Drigans, -� Langenfe.Zd votil�y ��ye, 5cott n�;, thc 1�70��'TON CARRIF;D. COf�TINUED: Pllf�l.IC HFARING: RE ULST FOR A SPECIA!_ USE PCRP•1IT, SP �75-10, QY _4 - ----- --- N��EGLLE OUTDOi)I; ADVEI��I�ISI��G C:Oh1PAI�Y: To ailow the continuation ofi �an existing � billboard b�t<<�c�en Lots 20 and 21, 131ock 4, Hyde Park Addiiion, per Fridley City Code�, Section 214.042, the sa�ne bei��g 6029 Univ�rsity Avenue N.E. . Pub7ic Hearing open. h10T.iO1V by Dr.ig<tns, secanc]c�d b� La��gclifcld, t.lat i�he Planning Commissior� receive the lc��t:tc.r. fl�ont A9c.1. J��cobson, awner ��f tlic �.�roperty aL 6029 Univcrsity Avenue N.ls'. stati.nq. his support of ti�e ��>ec.i�z1 U:�e I'crmit x�equrst:, dated Ai2g��s� 14, 1975. U�vn a voa.r.� v�t�c, a.11 tjoi:il�q ayc�, t:l�e I11Ut:.7.p11 c�rrie(I U11�1I711I10U5I1�. I� Planninq Commission Me�ting - August 20, 1975 ._______ Pac�e 16 4EE � �. � .� .� ` Chai rman Ilarri s veri fi ed U�i th Mr. S�:even O1 so�� that they now had the signatui°es of all the property ovrners for the Special Use Pe•rmit requests. � ST/�FF RLPORT � Location: 6029 University Avenue N.E. Sign Permit Date: 2/4/65 Ourner: Naec�ele Comments: Lease runs to 4/1/7II Si n Information � *1. Height (25') 1B' Qase / 30' To 2. Area (300} 12' x 25' 3. Distance Bet. Signs (500'} over 500' . � � 4. Sei;back Frorn Street R/Vd L�ines (30' ) over 50'. ' T5. Distance from Street Intersectio�i ,(500' ) 2�0' from 60-I;h Avenue Service .Dr�ive *6. Distance �From Resider�tial Uses 100` lJest of R-1 District � 7. Condit'ion Status (�111 1�1eta1 ) Steel and Flueorescent � � **�. Zoning (C-2S, t�1-1 , hi-2) C-2 � � *f�on-cotifor�n�ir,� �:o existing ordinunce , **Non-conforming �:o zoni«g requiremcn�;s Chairi��an Fiarris read tl�rough tre staf�F report �nd noted �tha�t i�; did not meet 4 of the 8 ci�iteria fo� biliboards. � . � � P1r. Clark said this �billboar�i vras `located in a developed area. h10TIOAT 1�� Z�ailqcnfeld, second� d by ,$cc�tt; that �fze �'lanning Commission close i�lle �� . Public Hc�al�iny on a reguest for a Spc�cial Use Permi-t, SP �#75-10, by Nacg�l� Outdoor •Advertis�.ng Comp�ny. Upon a.voice vote, a11 votii�g aye, Cl�airman Harris declared the Public Ifear.ing c.Zosed at .Z1.:16 P.11. • � � � 'i � ' MOTION by Drigans, seconded by Scott, that thc� Planninq Commission recommend to Council c3enia.Z of. a rcquesi for a Spc_cial Use Permit, SP i{75-10, by Naegele - Outdaor Advertising Compa��i�; to,aZlow Lhc cot�tir�uation of_ an existirig billboard betr�ee�� Lots 20 and "l1, 1�1ock 4, Ilyde P�rlc �ddit.i.on, per I'ridley City Code, Sectio�� 214.0�2, t�ie s�am� bcing 6029 Ur�iversity llv�nue N.1�:. ,��ccausc we wish to recognize tl�e role w12ic12 plarzning and zoninq pla� in our munic.ipal efforts to guide future •�Yevelvpment bf land so as to ensure a pleasarlter and mvr.c� economical environm<�nt iri whicli our res.idents� m�iy .l.ivr_ ��nd work, and base i:la_is exclusive]yo un aesL-lietics on thc ground that t_h�> pleasant appe�rant of our' comm�i�� ty has a d,irect and beneficia.Z effcct ol� propert� va11��s and or� the we1.Z-being of ozir a:•esic�c:nLs, and this inevii-al�1� pz'ola�ote,s the� geric�r�il welf��r.e, a��d becriel.�e t_he �er�er�i1 intc�nc7 of all thc codes of thc C.it� were i�� ?rotect t:h�� hcalth safet�, and ger�c�ral welf��re o.� tlze public ai�d tl��t t1�_i.s bil.Ibo�rd va.ol.aL-cs tha� codc i1� � out of the 13 .items as noted in thc s�aff rcport. Mr. Scott saic! that this billboard did not mee� the code requirements in height, ,� �J / Planning Co��mission f�{eet�n�tluc�ust 20, 1975 • Page 17 4FF . the disi:ance from the street intersection, the d�istance from residential areas, and� was improperly zoned. He said thai: what k�othered him tl�e mosi; was the distance f'rom 'a resident�ial area. UPON A R07.,I, CI�LL VOTE FOR DLN.Z�I1L, Scott ar�d Drigans vof:inq ayc, Bergman, liarr.is �• � and Langenfe.Zd voting ayc�, Lhe motion 1-IlILLD. . 1d0!'ION bi� I,anlel�f�l.c�r s�condect by Bc�1•gman, tt�at t�he Plann.ing Cornrnissior� recoiiunend � t-o Cou.ncil appz'ovaJ_ oF t.hc� request fo.r a Special Use Permi.t, SP.�f75-10, b� Nacge.l.e Outdoor. I�dve.rL�isiny Co,-npan�, to �z11ow the continuat-ion af ��n ex.zsting bi.Zll�oard Letween Lot.s ?,0 and 7.1, BZoci� 4, Ilyde Pa.rk I�dd.iL-ion, per Frid.Ze� City Code, Section 2Z4.04?_, � the same being 602y Unive:rsity ?ivenue N.�., w��n tn� fo.Z.Zowing stipulations: • l. When i:his adver_tising sign is destroyecl or dam�ged by an ar.t of naiur_e, � vand�l.i_sm; or otl�er mearis, th�s� sign cannot be repaired or rebuilt and wi11 l�ave io be remvv�d. 2. �'I�is .Specia_Z Use Permzt is suliject to yearly review. � . 3. This billboard be ma.i_ntained in yood qua.Z.zty condition. 4.. Th.is biZlboard be removed on or•.befo��e the cxpiration of the current lcas� �' � whiclz is Apri.Z 1, 197i3. i r � � f�1r. Berc�man asked for a point of ciiscussion. He said that to ��is kno;-rleuge this S�eci al Use Pe1�mi �t vroui d be revi eG-;ed each year, i n spi te of wha� v,�e t�ae��e sayi n� he��e. h1r. C1at�k s�,id th� revie��,�al process �:�ou.�ld bc u si.aff repo��-L- �o th� Co.t��ci1 onc� a ' ' year, so they could r2Vl�4V the S�ec�iul Use Pertnii. P1��. Qe.r;n�an said f�is po�ii��; �.�as - • -that i t d�i dn' t seem c�n:, i st:ent ��o put i n a�:ermi nati on da �e as a sti pul ati �n three years hence. P�r. C1 ar'r. sai d i t_ t:�a.s doi ng otie thi ng i n that i�i was pu�tti ng hoth �,;�;e Gaunci 1 and t4�e 1•�aege�l �� O� i;door lad��erti s�i ng Co�;��a.ny on not�i ce or► ho�a�; th� P1 anni nc� Coi�;m�iss�ion felt abo��-t ho�•� long this billboaru sr�oiRld continue to exis-�. He said th�:t rriLflout this sti�ula�tio,�, you wc;uld be bac(: to being too abrupt, h1r. Narris said � ii; shoti-�ed r.h�� inte��t oi the Planning Cornmissian. � P9r. Seott sai d he ��oul d vo�e agai nst the mo�ti on because he fel t thi s bi 11 board t�,�as agains�t our code and ordinanccs. UP�N A RO.LT CALL VOTr FOA'2 APPPOVAL, Bergn?an, Harris, Driyans, Langenfeld votir�g aye, Scott nay, the motzon carried. • ' • , COI�1-If�UED: PUG!_IC IIE�1RTf�;G: RE�UEST FOR A SPECI�IL USE PERP�1IT, SP #75-11 , GY �AF�EI_C OU7DOOf� hD��LRTISIf�!(=� CO��f�llf�l': To a11o�,1 the continuation of an existing billl�oai;d -or� Lot 2, lauc;i�;or'�'s �UI�Ci1ViS10i1 No. 7F3, per Fridley C�ity Cade, Sect�ion 21�.0�2, the same be-ing 51 I"nterstal:e G9�. Publ ic � flearing apen. STAFF REf'Of�T � � L�cation: Commen�;s : �. 51 Interstate 694 Sic�n Permit Date 1/'26/G6 Lease runs yc�ar to ye��t� Owner: Naegele '� � . . � ..� �; I� � ' . �GG P1 anni��g Conn»i�sion Meetin� -/1uc ust 2.0, 1975 Page 1B � S�gn Informat;ion *1. Neight (25`) 12` [3ase / 25' 1'op - 25' from center lir�e oi 5.694 � . 2. Area (300') 12' x 25' � � *3. Distance Bei.. Signs (50U') � .� , � 460 feet to 93 Interstate 694 *4. Set:back From S1;reet R/l�! Lines (30' ) 2?_' irom R/l�! 5. Distance From S��t��et Intersection (5�0') Mcets Code_-�ti 500' 6. Uistance From Residentia1 Uses (500') ��ieets Code -� 500' 7. Cor�dition Status (l�ll T1eta1) Steel & Fluorescent �. Zo.ning (C-2S, h1-1 , M-•2) N;2 *Non-con i=ortx�i ng to exi s �i �g ord-i nance *X��on-con�fo�"111111CJ �0 zon ing ord�ina.��ce Chairmar I-�arris reviel:�ed �the staff repoi�t dCtCI Sit1CI 1:I115 sign did not m�et i,hc� cri ter�i a� n hei sht, the d�i s �ance f�e�r��;ee� s i gns , and the setback from street ri.ghi -'o�f �day lines. t�ir. Clark saic! i,hcr� v,�ere three signs in ih�is area, and this billl�oard ��ras c1 osesi, to, itlai n S�creet and 4�ras on vacar��t. 1 and. Mr. Olsor� read %rr,��l the si��n, ordinance f.o point out 4�,�hy this sign did no� meet , ,tl�e heig}�t r�eq��irem�n�.. "I�i�ximum f?c�igl�.t: T�•:enty fi��e (25) �eet Gbcvc lat g►�ad�, unless th� si�i� 7s intei�ci�d to be v�ieG-;eci -fr,c�i� �tiie h�igl�vray, �theti tY�e 25 foot mar,imum heiah� ��11 be ccni��ste� -iro�� the ceriter�i�ne oi t��e t��aveled highvray, bUt in'no cas�, s1�a11 the v��i�i ca1 d�i s-car�ce bet��eer� ��;Eie bot to7� o� tf�e si gn and the grou�d b� r�d�ced �� to � 1 ess tf��ti� �;ef� {10 ) feei;. " •� � Ci�airman F�a�^ris said �then i�; G�ras the grade chanye on the highw�ray that made �:his � si�i� non-confior�ming as 1'ar as �(;he fieight�was concernedo Mr. Lofc;u7s�t sa-id �iie�� •ias na vray a billboard�coulc! be constructed to meet �. this requirement and his centention �vas tf�at ii <<,�as not ti�� intent of the o►°dinance . to be interpret�d as it ��ras written for this i°equirement: He said most ordinar�ces were t�rri tten e�i �tV-�e►•/or. h�r. Cl arl: sai d 1�e agrec�d. _ � � � f �� I� Mr. Driq�ins said ti�ese ti�aere the billboards that he 41'dS mos-� concerned about, both thi s o►�e ai�d t«e n�xt oi�e on �thL ag�nda. Ele gave hi s reasons for thi s concern . One, the close `praximit;y of tl�e s:ic;ns ai 51 and 93 Inte��si:ate 694, �tiva, the proximity qf the East River, Road intersec�;ion, three, there was a cer�:ain amount of interference froin the lighting standard of the railt�oad, a�id -Cour, this �vas very close to the underpass. �Mr. Drigans said he thought tl�ere �ti�ere a lot of problems with these tivo billbo�rds. • � . - Mr. Clark said thc admin�istrai;ion had been contacted by an T.11inois firm about construci:ioi� o(' a motel on thi� p�°operty, and �Nhile� i�: ��ould not be owned by the railroad, it would be occup�ied 50;:� to GO% by railroad employees who have to stay over in tl7c ii�et��o area. Ffe sa ic1 ihey ha�l not had a�Pormal r�ques�: as yet, but tl�ere were tenta�ive 4�lans i=or tl�e clevelopir�ent of�-��tihis property. I�e said he 1;iiought the Planning CQi��tiiissior� shauld be alti�ar�e of tl�is. � � � Paqe 19 L�HH Plannin Commiss�ion Meet:�in - Au�ust 20, 1975 � � Mr. [3eryrnan said the three instances ��rhere this sign did not meet the code � t�rere ►�ot of major magni�;ude, and the fact thai: it did not meet the height requ�irement was of qi�es t;ionabl e va1 i di ty, and he woul d al so 1 i.l:e 1;o note Mr, Dri gans comments on the spec�ial hazards. A90TI0�'�' �y I3�'rgn��rz, seconded U� Langenfeld, t-hat the P.Zanning Conmlission close the Pub1_i.c lle�sring on the requF�st far_ a S��ec�.��.1 Use P�rmi t, SP H75-11 , by N�cg�1 e Ot�tdoor 7�dv�.r. t.ising Coinpa�ay. Upon � voice vote, a11 voting aye, Chairrnan Ilar.ris declarcd t11e Public 1learillg closed at 11:42 1'.1�9. MOTl'ON b� 13ergm�n, sc�conded. xiy Lan�eilfeld, that the planning Comm.i�sio�c3G�e1�me11d to Counc.il ��pprovaJ_ of i,l�v� request: for ,a Sp�ci�.1 Use Per.mit, 5P �175-11, by Outdoor ndvert.ising Co;np�r,y, to allota the coi�tinuation of_- an existing b.illboard on Z,ot ?, ��uditor's Subdi.vision TJo. 7f3, pei' 1?ridle� City Code, Section 214.042, the same heing 51 Intcrsi�it-e 69��. , wit,� �rh� fo1_Jowin� stipulai-ions: 1, W1�en this Zot caas develop�d, th� adve.rtising sign located oi� .ii- �wi1.- be ren.oveu-. . 2. �apl�n tl�is advertising sign is dc�s�=z�� nl �t �en'rc�e�ired�or�rebuiltaa �d�ra.i:.tZ v��ndal_ism, or othe�, means, this �igi1 p, have to be xenioved. 3. T.his 'Special Usc Per_mit subject t-o yearly revs.ew. �. TJiis billbo��r.d b° maint-a_i_ned in �=ood qua.iity coilditio��. 5. Tl�is billboard be removed on or beforc� the exPiration of the 1.ease 'an Uecc�mber 1G, .tg76. . .. Mr. Cl a�� sl:ecl i�� the reason they ti°:ere as I:i ng . to i�u��e thi s bi 1� boErrd rer;oved by December 15, �197G �vas because they felt. i�� r��s a_ tt°a Pf�ic hazat°d? Ptr.. t3ern� ��n said 'ii yvas. . . . � � �; ,' . � Ct tl�e motion for the reasons he (�1r. Scott saici he ��ou�d "lil.e to speal, ac��.in_� had prev�i ausl,� staterl on -�he other req�iests , and because I�� iel t the o�Lher men�bers of �he P1 anni ng Corn�li�i s,i on v:ere voti r�9 or� tl��i s� ssu� vai �thout the consensus o i th� o t her n�en; be t, s o f t l�� i r C o m � n i s s i o r� s. He felt th�hou�htlthe�respe� tive C o n� n i s s i o� n e r s o f Ordinarlce N o. 5 ��. C h a i r m a n N a r r i s s a i d h 9 . woul d have to ans�•��er to thei r respec �i ve Coi��m�i ssi ons . , UPOV a ro11 ca11 vote, ��rc�man. Narr�-S. Lang�nfeld voting aye, Scott and Dr�.gans voi:ing nay, the mati'on c�rri�d. - CONTINU�.D`__ ['UL;L1C IIEARI��G: R� UEST FOR A SPE�I/�L USE PERh1IT, SP #75-12, f3Y �._. __._.____ _ � -- N/�F(�El_E OUI�UOQR AUU�RT1SIf;G CU��iI'11(�ll': To allo�v �:he cor�tinuation ofCo�deeXSection ' bill�oard on Loi; 2, l�uci�itor's Sut�d,ivision No. 78, per Frid1ey City' 21�,042, the same beirig 93 Tnterstate 69�4. . Public Hearing open. STAf=F . Rl:('��T , Location_:. 93 Tnter�tate 694. LJ Siqn Pcrmit Dai;e: 1/?..G/GG, Rebuilt �i/7/6II ., .. � �� i �• � P'lann�inq_Commissinn Meetinc� -�luc�iast 20, 1975 _ _ �'<�9e 20 ._ Oi�ner: IV-�eycle Comments: Lease runs froTn year to ycar � Sign Information • . *1. lieight (25' ) 15' f3ase / 25' To.�_u,� 25' from Ceni;er Line of I.G9�t *2. Area (300) 14' x 49` *3.. D�is�:ance �et. Signs (500'} 460' to 51 Interstate 69�, 4. Sethack From Street R/IJ Lines (30') ��eets Code - 30' 5. D�istr�nce Fram Street In�erscctio;� (500' ) f•lcets Cade -'.� 500' 6. Q�istance fro.» residentia�l uses (500` )__. r��eets Code -� 500' 7. � Candi�tion S�atus (All (�ietal ) Z�ning (C-2S, ��i-1 , 1�'r2) Ste�l & F1 uorescen-L- t�1-?_ *Non-con�i�or�»�ing to ex�isti�,ex crci�inar;ce � *��f�oi�-con��orr��ii��g to �oni;ig requircn�^��ts Ch?irman f-larr�is ��viet-:ed thc staif rer�cr'�,. and r�i;ed i�,here �hhe size d�iu not , mee� �tf�e ex�isting cod�. f;e s�-id Lhe heigl��t i�equir�n��:rii, was im;�ossible �co ��ue�i. acco?°d�i ��g t.o th� t�!ay _�he cocfc� was ��,�ri tie�� as no ted o�� the prev�i o�� reques �. � � , , � 4ii f�lr� Glz�.r�i: s��ici this bi�1�lLaui°d ��a� uls�, l��catcd cn vacur�i ��cperty, ��I�e sar;�� proper��cy as tf�n prev�ious siyr;. He ��idi�'�; l;no!•r if r.he party ��riio ma;� be occu�;��ing tfii s parce i ti�ot�l d b� dcvel o,�ir�g i t as cl asc to fi.he f,racks as thi s s i gn �.as 1oca ced. ' P�1r� F;arr�i� said t�iis �;��s tl��e., larg�l�l� s�ign tf<«i.� had jus�t �a:.en repair�d. i,gr, Lrigans Sa'iCI �;f1lS� 4r!as Ll�e si;n -chat had �;11 �t.he vis��1 proble��s. l,C2'ICi;' 1�� Tcrgl.na.n, sec�ndcc� hi� I.a��qe��f_c_id, �hat the PZanllinq Commis�ioi7 close thc� Ptrblic Heariny on i1�n r_egues� for a Spc>cial Uc� Pe�rmit, SP #75•-11, by Nae�re_le Outdoor .'�dv��z'tisi.ng Co.npan�. Upon a voice vote, a11 voting aye, Cl�airrnan Ilarz.i_s declared i1�e Pui�lic I,eariny closed at. J_Z:50 P.1�1. �- '• Mr. Bery�»an said he tyould likEa to po��t out that this sign �•:as a{?proxim�tely 700 sq�aare feet as opposed to i:he 3UU syuar,e feet a�i'Io�-red in tl�e s�ign ordinance. f�{r. Ha��ris asked if this t1�ere per fzc�? .t�ir��. 01son sa'id it t�aas. Mi°. Olsori said 'tha� ti�,hci�� on� part of thc V ��as damaged, it t:�as discuss�d at t�iat t�ime ��f�ethet" Lill S shou�i ci be cons i cered t�-,�o si gns , rri th t��,+o Speci al U-se Pcrmi ts , or^ i�f i�; t-r<is one sig��. I�e sa�id ihat Naec�e�le's arg�t��ent tNas that ii: was one sic,r�, and as o��l Y one hal �(' of the V had to be r�pai red, they had repai red i t�l�ec�al 1�� becau�se i i t�ras 1 ess than 50% damagc�ci as to a l ec}al non-coni"ormi ng use. They sai d a doubl e face sijra, to be considcred one sign, hac� to ue a�;tached bacl: to bach. Mr. Olson said Nac�c�ele t�rants this consider�ed' as oile s�ign bec��«se i;hey were attached titi�itl� bracinc�. Mr. Clark said the f'lanning Cormnission should cons�ider this as o�ie sigr•�, although �it vaas V sl�aped. � P1r. Ulson said that pi°ior to the ador�;io��i of �:he sign ordin�nce in 19G9, the ordin��►�ce that was in effeci: in 19GG s��id �:I�at thcre t�ere no i�esi;►,ictions on the size anci�.heiyi�t of a b�illboarcJ �in (�1-1 and M-2 7on�ing. � � � � � , �, : � {�lannin�}c Com!nission h1eeti�� -/1u ust 20, 197�� ' �'�� 2i UJJ Mr. Uriqans said tha�. in Seci;ion 56.09 of �Lhe 196f3 City Code, w,hich U,�as in effect �,�hcn these �i�ns ��c�re cc�nst:ruci;ed, statE:� that a71 signs locatecl �-�ithin • the C�i ty of f-rid l ey pri or to Januar,y l, l�G6 ina�� conti nue to exi s�: as i:o si ze, �i1luin�ination and present 1ocations ur�til January 1, 1960, provieled �he sign doe� not v�i ol �a�;e any provi si or�s of �;he Fri �ll cy Ci i:y Cr:de up t:o �i�e date thi s chapter was p�ssed and ucio�teci. A perinit is requi��c�d �for each existiny sigr� but the pet�niii: � appl�ication fee for each sign comin� ti�fith�in i:hi�, sec�(:�ian �hal�l be vraived un�til . January 1 �, 196°. � Nr. D►�igai�� said �ther;� tti�as no purpose of f�r. Scott or t�imself .to make a motion for c��i�ial�. . . � ��1r. l.ang�riie�lcl said tha�t on tl�e map thes� sigr � lc�e!:ed -l:oo close together. ��1r. Har�ri s sui d th�y just rn�i sscd i;f�e requi r��m�;i'c I�eca.use �;he si gn a�t 51 Intersi;atc� . � G94 and the one at 93 Ir��terstate G94 �,�ere 460 f�el; a��art. i � � � ' � fir. I_anc�.n��e�d.said tf�ai: s�ince t.he sign located �ti 51 Ir��tersi:��ce G��► titi�as lil:�ly to be remov.c.cf t�ah��; the p;�op�.rty t�as developed; f�e wo«�ld lil:e to n�ake � ir�o�:ion at, ti�is t�im�e � l•fOTTOPI b�l l�:�nge�li�eJ_d, secol�ded hj 13ergm�.r7, t�lzat thc PZr�l�.�ing Corr�ri�ission reccm:�i�?Zd tp ,Counci 7<�p1�.r.oc�a? of tl�e a]�ec_ia1 Us� Pc rmi t� Sn �`75--12, by Naeyele Ouicloor AC�VG.tt].5171� COili;>�tn��, i^v a11_n:�� t1�F.� co:�t.i.nuat;.io.� of �n exisf..zna billboard on Lot ?� Tiud�:tor's.Subdivis_ion R?o. 78, I�cr 1'.�idlcy Cit.y Code� Sectio,� .?.1!�.042, thc: same bei..rr� 93 Interstate b94, ti��ith �rie fo1_Le��i.ng sti�ul��ticrzs: l.. G�hei1 tl�.is lot. �-,�as dev�l�p�d, t.12•^ adc�eri:is.i.ny siyn Zocai.ed on it r%ri_ZI b^ rer,�oved . . � � 20 6Jhen t1z�.� advertisi.�g sic,az .zs destroyed or da�na.g�d bia an act of nature, vand<z.l_7:s;u, or o4h:�� r.e�?ns, th�.� sign carr�o� he rGpait'ed or rebuil�'and w.?J_1. ha ve to hc� z emoved . '� 3. �'liis Spec.i.al Use Pc�r.tnit suajer.t to yearl.y r-evier,�. � , 4. Tl��..: bi J lboard be main ��.ined ir� ' yood qual � Ly coiidi iion . r , � [J � ' 5. Tl�is 1�i 1lboard bc rel7�oved on cr 1�efore tl:e expi.z a Lio�� oT the lease on Decen�l.>cr .Z6, 1977 ' . 6. If t_h_i� s.i.c�n �aa� det�r.mir.cd t� be a tr��ff_ic hazard or a visiial. obst:ructioii , it must be> rc>rrro�Tcd, prior tv tllat c�at_�. � F,1r. Sco�i;� said he t�,�anted i:he Courc�ii �to I:i��orr tl,at th�y t,�eren't c�etting the it�p«t tl�ey �;houyl�t �:hic�y v,�erc: yoing to g, t ft�oni tf�c varicus C��+ii?I1SS7JilS, ar�d �I�ey n�ay v��rzr�i: to send �;I�ese re�!�ests baci< to get in}aui froin 1;f�� various Cor��issions. Pir. Langer��=elca sai�i he thouc!I�t P;r. Sco�t's point abo«c tf��e ot:f�er Com��iissioris part;icipa�;�io►� o�� thes� requests wa� son�e�:hing that shau1d b� made I:rio+;;r to the Council and o�f�cr Co�r,��issions. tIF'ON A ROI.T C11LL V02'P•,, T3e.ryman, Ifarris, Langenfeld vot..i.ny aye, Scott and Dr.ig,�ns voting n�zy, thc� motion carricd. , � " CON1"I��ll1-l): PU�LTC Hf=fl�zrr�lG: r.�_ ur_ �T FO.� /1 Si'E.CIAI_ US� F'�RMIT, SP ,',�75-13, BY �_. . __�---___---- N/1L.GLLI: OUTDOOR /1D1'F1;�11SIN(��fCO",l�/��;Y: �To alloar the continuul:iori oi' an exist�ir��7 ------ - --- - - ---- ------ _ - - - -- --__-- --- - -_._ __ bi�l1bolr� �n I'ar•cel '30�)0, �in tl�c Nt�! Quartcr of thc NtJ (�uarter, except the North . 1 G. G acres , 01- Sec t i on ?_ , T-30, R-2�, {7cr �r� �1 �y C�i ty Code, Secti on 214. 0�1? , � � . . . . ' . . . . . . ..,R.....y.. ♦ �J �' ' Plann7n�c_Con�riissicin Meet�iric_Auqust ?_0, 1975 '_ Pa�Ce 22 — — �fKK . �. �:he same being II410 Univers�i�:y l�venue N.E. Public Hearing open. � � CO�V7Ir,UL.D: I?U�3LTC HE�RING: f�EQUEST FQR /� �PECIAI_ USE PCRh1IT, SP #75_-14, �Y� '� �' �� NA�GLLE OU�(DQOR Jli)VCRIISING CO('�1f'/;fdl'��To allow the cont�inuation of an exist�ing biilboard on Loi:~1B, Rev�ised A��d�tor's Subciivision No. 77, per Fridley City Code, � Sect�ion 214.042, ��he sarT�e being 7357 East River Road N.E. 1 .� , :, Public Hearing open CQNTIf�UED: F'UE�LIC {iEARII�G: R�QUEST FOR �1 SPFCIAL USE PERi�1IT, SP #75-15, ['�Y f�f;E(�ELE OUTDUOR ��D'jER�I-�SING C0�1('i1i�Y: l�o allow the conl;inua�;io�� of an exisi;iny billboard oi� Lol:s 1-3, (31ocic 9, Iianiilton's Acldition to �i�chan�icsv-i11e, per Fr�i��l��y City Code, S�ction 214.042, the same b�ing 5452 7th Street i�.C. Pul�'I �ic Ilearing open CO��1�IfvUf=D: �PU[3t_TC HE��f�1:(�G: RE�UEST FGR A SPECIP,L Pd/if:GEL`t" OUi�UJ(.i: i'�,D`��fZiiS?1�C� C�;,�iPF;i�Y: �To a�l1oa� t�he bi111�o�ru on Lot��, /1ud�itot�'s Sui�d�iv7sio� No. 155, 214.042, ��IIE sa�n� being 5501 7th S�I;ree�i.-R.L. Publ �i c Near,�i ng op;�n USE PFR(�iI7, SP #%5-''_�5 F3Y continuatiot� o�� un c�xisi�t�in� ��er Fri d1 ey C�i ty Code; Sec'c. � on r90TIDT1 li�• T�ergman, seconded 1�?, Laz�genfeld, tlz�t the Plannin_q Commi.ssion cnii%ii1u� unt_i1 Septelrbe�� J_0, 1975 t77e reg�iests �or a Speci.al Use Permi�L, SP �75-�3, SP �;75--Z4, SF ;i75-•.ZS,. SP rr75•-J_G, by 1da2g�.Ze Oui-a'col� I�dvez t�ising Co: �pan�� b Upor a vaice voie , aI1 •vot.i_ng a�e, the rnotior_ car•ried unanin7ous_Z�. CO�vTl('�,!�D: PU3LIC I1F1'sRTi�.'.G: REQ�JE:ST FQP. A S�ECT(1L USF I'Ef�h;IT. ,P_;`?5--17, r�a'. � . [3RE[!r , Ii�C. : Ta a.11 a,y tl�e co��t-i ri��a�t�i on o�; ai� c�xi s�i �i ng G�i � 1 baa ��d on� pa.rt of� Lo � �y C�UC?1L"Ol�'s Subcii`�isirn f�o. 94, per Fridley Ci�i:y Coc{e, Sec�.ior� 214�.04-2, t;{�;e • same I�e�ing 5'�O1 Cer�t�°al I�v�nue 1�d.E. � � ` Publ ic Fl�arii�n op�n COiV�I?.iyUED: PUGLIf, Ia�ARTf!�z: REC?UES� FC�� A SPECT(�L USE PER'+�IT, SF' �`75-18, UY GRE[)� , II�IC e: l�o a1 I oti�r. tlie cont�i ni��t`ioi� � oi; a�� exi s�ci ��g� b�i 1�I uou'rc� � ari part �o�€= i.tr'c f3, .11�idi��or's Subdivisioi�? f�o. 94, {�er Fi�ialey City Ca�e, Section 214.0�!?y the sarne bc�ing 5�!03 Ce»trai /Iver�ue N.E. � . • . ,, Pub17c flearing open CO�TIP�UE[): PUl3!_IC HE/;l:Tf�G: - R�QUEST FOi; /a SP�CIA� USE PERP7IT, SP �f7.5-19,_ 6Y . Qi2EDE,TIP;C.: To alloti�a �Lh� cont�inuation of an existi�ig billboaru on Lot �1 ,[ilock 1, f�arsl;ad llddition, per Fridley City Code, Section 214.0�2, the same being ,• 6801 Higi��vt�y ��65 i�:E. �• Publ ic Vlearing ope�i GUNTINUCD: PUf�LIC IiE/iRT(�G: REQUEST FOR A SPE�CIAL USE PERP�1TT, SP �f75-20, [iY aRi, DE, lNC.: lo alloav Lhe con�;�inuat;ion of an existing bil iboard on Lo1:s 29 and 30, f3locic 11, ffamili;on's Il�idition to ��'��chanicsvil1e, per Fridley Cii.y Code, Sectiun 214.0�42,,�he same b�ir�y 5457 �th Street fd.C.. Publ ic Ile�ariny open � Lt �1 anni nc� Commi ss ion Meeti n- tluc us1; 2U, 1975 � ` Pa�e . 23� LL r� CONTINU��: f'UQI_1C IiCARIPJG: REQUEST FOR �t Sf'ECl/1L USE _PERMIT, SP �175�21 ,_ [3Y aRCD�, I��JC.:� l�o allova tl�e cnnt�ii�uatiari of ,an�existing �billboard on Parcel � • 3G20,�>ect�ion 12, per �ridley City Code, Section ?_14.042, the same being � 756f3 High��ray #65 N.C. . � . P�b17c Hearing open � , • h10TI01+7 b� T3erqr,tan, secanded by Langenfe]_d , that the Plai�n�-ng Commi ssiorz �=onti.tzue vntil .5eptember 10, 1975 tfie rcgil�st:s for S�ecial Use Pe1'mits, SP �/75-17, SP �+75-18, SP 1175-19, SP �;75--.7.0, SP if75-21, by Brede; Inc. Upon a voicc vote, a11 voting aye, the inoi:ivn Carried urA��nimousl�� . . . PUf3l_IC iiEARIP�;G: REQUrST FOR !1 SPECl/�L USL PERf�9IT, SP tr75__22, QY STEVEN HEP�lDC!_: Pe�� r�id1ey Ci�l;y Code, S�ct�ion 2U5.1O1, �`3,P� fo:� �the 1oca�tion of mobile he,�;e sal es on approximately �:he Sou i:h 100 feet oi� Parcel ?_550 ancS approximuf:ely t{�e . North 210 feet of P�►~cel 26Q0, �in Sect�ioi� �2, c�enerally located bet��reer� 7625 and /699 Niy{�;�:�a�� f65 N.E. � � � - Ivo Action Needed - blithdrawn by the Petitior7er 8/19/75 . RDJOU�2��d�iEPET: � . - . MUTION by Bergm�n, secor�d�d bi� Lal�genfeld, �Lhat the r,ieetii�g be adjourned. � 2%jJ011 a voice vote, all voting aye, Cnairrnan li�rris dec�ared the P.Zalll"1112� COmIT11SS101'2 m�eting of Auyust 20, 1975 adjvuriied at 12:13 A.1�1. � � Respec�fu� ly s��bmi'cted T , . `�� ,� � �. . �'-�,..��-^`�__��..t :.1`.�,��" � s '''_ ^,;.� Doro�thy Even��:��, Secr��c�:a��,y � 0 - � 5 SPECIAL MEETING FRIDLEY CATV COMMISSION AUGUST 13, 1975 Special meeting was called to order at 7:45 P.M. MEMBERS PRESENT: Ken Brennen, John Haines, t��ark Scott, Nancy Wrubel, Tom Myhra MEMB�RS ABSENT: None OTHEP.S PRESENT: Mayor Nee Carroll Kukowski, Councilw.c�man at Large Clyde Moravetz, City of Fridley John Walkmeyer, State Cable Commission � Thomas Gedde, lawyer from the office of Weaver, Taile, Herrick Bill Scott, Chairman Human Relations Commissian Barbara Hughes, former Cable Commission Member Jeff Marcus, Assistant to the President of General T.V. and N'�nager of Fridley franchise Sarah Hayes, Program and Public Access Director 'I. APPROVAL OF MINUTES OF THE JULY 17, 1975 MEETING. MOTION by Haines, seconded by Brennen to approve the minutes of the .Tuly I7, 1975 meeting as written. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. II. ELECTION OF CHAIRPERSON MOTION by Haines, seconded by Myhra, to nominate Mark Scott as chairperson. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. III. REPORT BY REPRESENTATIVES OF GENERAI, TELE�ISION REGARDING CHANGES IN OPERATIONS AND PROGP.�IMING Mr. Jeff Marcus, Assistant to the President of General Television and" Manager of the Fridley franchise.and Ms. Sarah Hayes, Program and Public Access Director were present to report on changes in operations and programming. Mr. P�arcus stated he has been in Cable Television for 9 years. He was formerly with an installation in California. � Mr.�Marcus read his report to the Commission. In it he stated that Cable Televis�.on provides the best'and most accurate.programming possible. The new plans for Fall will include starting in September "Cinema III'=. It will be featuring 12 first run movies per month. The movies will be shown 3 times per night, 7 nights per week, with matinees on the weekends. 0 0 0 FRIDLEY CATV.COMMISSION MEETING OF AUGUST 13, 1975 Page 2. Cinema III will not interfere with the �asic cable operation. The charge for Cinema III is $8.50 per month with a$10.00 installation charge. There is a 30 day free trial and a 3.0 day money back guarantee. The second new feature for fall will be the addition of Channel 6, CBWT, from Winopeg, Canada. They will continue this fall the televising of our City Council Meetings, Community News, continuing of the library story telling time, and access time will be available everyday Monday through Friday during business hours. IV. DISCUSSIO.N PERIOD FOR �UESTIONS AND ANSWERS Mr. Brennen asked how long the promotion period would last. Mr. Marcus stated it will be from September to December. • Mr. Myra asked if they were eliminating the televising of school activities. Ms. Hayes answered stating they were eliminating th� coverage of school activities from September lst through December, a period of.about 13 weeks. Mr.�Scott asked how many employees were now employed at the studio. Mr. Marcus stated there were 2 full time employees and 1 part time employee. Ms. Wrubel asked if people could subscribe to Cinema III without the regular cable service. rir. Marcus answer was no. Mr. Brennen asked how they will know when the demand for certain programs exists. Mr. rlarcus stated they would be going out and personally be " talking with residents in the community. Ms. Wrubel asked how long the news program would last. Mr. Marcus- answered it would last 15 minutes. , Mr. Scott asked about the 5 minute public access to cable during business hours. Mr. riarcus stated that if anyone wanted a program played back in the evening they would be happy to do so. 5A Ms..Wrubel asked about production cost. Mr. P4arcus stated the black a�d white �� studio would cost $30.00 per hour and the color would cost $90.00 per hour. Cable Television will provide one cameraman and one engineer dux'ing the I . time the studio is being used. 1 , Mr. Scott asked if the costs would remain the same if people could run their own equipment. Mr. riarcus answered no. He also stated that no Qne would �e allowed to use the equipment in the studio accept the employees of Cable Television. Mr. Scott asked Mr. John Walkmeyer, State Cable Commission, if the City would receive any money from Cinema III. Mr. Walkmeyer stated any'additional fees paid to Cable would not be included in the basic fees the City receives. Mr. Haines stated he felt that General Television did not fully meet its , � . ' � �J � ' �I , ' ' � FRIDLEY CATV COMMISSION MEETING OF AUGUST 13, 1975 Page 3. good will commitments. He said he would like to see the compan� be a. success. P1r,Haines stated he felt that the Commission could have been helpful in some way but as time went on we were totally left out of proposed program changes. . � Mr. Brennen asked if there would be advertising on Cinema III. P�Zr. Marcus stated there would not. Mr. Brennen asked if any special permits or licenses were needed for Cinema III. 24r. Marcus replyed that there were none required. T4s. Bar'aara Huges, a former Commission member stated she would like to urge the Commission to consider consulting the Library Board and the school system to work with Cable Television to provide the service that will not be made available to the community. Mention was mad� concerning the showing of X-rated movies. Mr. Marcus stated he had no intention of showing movies of this kind. V. NEW BUSINESS A. Additions to mailing list- The secretary was instruc�ed to add the library and school board to the mailing list. . . B. Other business The next regular meeting will be September llth at 7:30 P.M. Respectfully submitted, o�{ • ��r�..c/C�.� Arlene L. Smith 0 � . . - ' , .. . _ _ . - - � . � . T0: I � FROM: 0 � � CITY MANAGER AND CITY COUNCIL MARUIN C. BRUNSELL, ASSISTANT CI7Y MANAGER/FINANCE DIREC7'OR SU6JE.CT: LIQUOR CLASS ACTION--SETTLEMENT AND CASHING IN SCRIPT FOR SEVENTY-FIVE PER CENT OF FACE VALUE--MCKESSON WINE AND SPIRITS CO�iPANY DATE: ,AUGUST 29, 1975 On November 20, 1974, I gave you a memorandum autlining some of the back- ground relating to the settlement of a class action suit against several liquor wholesalers in the State. This suit provided that the liquor retailers would receive credit on future purchases over a period of years as part of the settlement. As you know, the wholesale liquor business is undergoing considerable change at the present time._ McKesson Wine and Spirits Company has offered to give the City cash value for its outstanding scri.pt, but would discount the value of the script twenty-five per cent. The City is scheduled to get $150.60 in 1976, 1977, and 1978, and $146.40 in 1979 from the McKesson Company. This is a total of $598.20. If this were discounted twenty-five per cent, the City could receive $448.65 cash immediately. Taking into consideration the return the�City could get on investments, and the cost of paper work involved in keeping track of this script, I believe it is in the City's interest to accept the cash settlement. � If the City were able ta earn an eight per cent return on the investment '� of the $448.65, the total value of�the cash settlement and interest earn- . ings would be $602.40 in 1979, or slightly more than the face value of the script. In any event, even if we didn't receive quite the same amount of ' money, we 4�VQU�(i save the cost of the paper work involved. I am, therefore, requesting the Council's permission to accept a cash settlement of seventy- � five per cent of face value for the script from McKesson Company. , �, � � MCB ps Atts. � , : � 6A � T0: MARUIN BRUNSELL, ASSISTANT CTTY MAfdAGERjFINAR�CE QIRCCi'OR � FRONi: BOB MCG!lIRE, LIQUOR STOP,E MANRGER SUBJECT: SCRTPT FRONi MC KESSON tAJINE AND SPTRZTS C0. DATE: AUGUST 2t�, 1975 . W� now have �he opportur�it� tc ca�h in p«r scrip�G we received it•om the.ab�ve company on a 75% �f �ace value� The � scr�pt has• about four years and four mantl�s tv c��i cn thc � preser�t sys�em. I feet if ��r� wau�d tak� o�iry casn settle►ii�rri.� now and °invest the m�ney, we would carn� out �� well as lct:t�ng . ,. i��mature when it shouldo .I�e would a1s� save ai1 aur baakk��ping cost as it takes qui�� lot o� t�r�e to �rand�� in �hc presen� system. � � _ : .. ..:✓� �I�' t�ue. are'�goit�g to do thi�, i� musf: b� dane I�a� Se.ptember 5, 1975.. � See attached copy of a letter from Nfc Kessorr. ' . • c � � . � � � �j �J � ��'��'�,� 1El�I;t,`'� c �r ��'�i�'.� �a� Dear Customer: 2309 UNIVERSITY AVENUE, St. PAUL, MIfVNESOTA 551 S�, PH�I�E (612) �45-8136 June 13 , �1975 As you kna�r, in compliance w�.th the set�lern�rr:t of tl�e ar►ti-- trust suit $�we at McK�ssan determincd to �zsc ttze sc.r.z.p systt�rn approved by the Court. We honestly fe1�, �.nd. sL:.i17. do, that this was a fair system. Many of yau agr��c3�� id ma�;��- d�.d no�. As Wi�I Rogers said, "The d�.fference of o�in3_an mal�cs j-,orse races and Ministers." To the few t�.at ca�.��c�, . i a.��7reciatec�. your aduice and, said �re wauld give �� evcr�� coi�.sa_d��:at:a ai�.y which T �av�. � �: � Attached �s a copy of McKesson' s Poli.cy �t�L-em��:�� aj:r f.he _use .af scrip which, in summary, grov�.des: . � ,, � . 1. You may con� in.ue �:o us e, the s cr ip a s aut�� lined in our original letter of �nsi�ructiax:,.; . . and _ , � , ' , C � � 2. To those of yau wishing to r�dee�. your unuscld scrzp for cash, be��.nning 3u�e T., 1�375, �re � wi1�-.redeem as,,quickly as possi.b�.e a1_1 unus�d McKe�:son scrip is�ued for th.e �ea-r_s J_�375 th-r_c�u�l� 1979 (full five years on1y� �or 7�� or eac1Y . $Z.00 of unused scrip. This off�x contemplates - only a full redemption of unus�ct �cl�esson scr�.� and no par�ial redemption wi11 be made. This offer wi11 expire.September 5, I975. � I would, again, like to thank those of you who called and wrote us for.taking the time and interest zn our company. Continued success and good health in this coming year. S'n rely, � � �/� !� " ....-- Kenne�h L . �Smith � � General Manager � ' . � a Forc�most-McKescort company � � �� POI:ICY STATEMENT ON USE OF SCRIP � On December 23, I974= following settlement of certain antitrust lawsui�s,�the United States District Court for the Distrzct of Minnesota en�ered an Order for Judgmen� which approved a glan of distribution of scrip or cash which had been agreed upon by the retailers' and de£endan� wholesalers' legal counsel. The plan of distribution had • been negotia�ed and approved on �our behalf by th�.�eLailerse � � � ZegaZ counsel. ' . , � The plan of dis�tribution, as approved U� tlie �our� � provided for. an election by each defendan� w�oTesaler of ,. either a scrig or a cash plan ot distribution.�1�TG�esso� II �� elected to discharge its obligations under t%8.plari o� , . distri.bu�ion through thP issuance of scrip redeemaT�Ie upon � . .. � the purchase�o��full cases of intoxica.ting �.iquor producLs, ieither from McKesson or .non-defendan� wholesaler� �n t1�.� ', � State of Minnesota. � McKesson's scrip was subsequently issued to each . II, ' retailer class member,.along with redemption instructians. I Since that time, some retailers have used McKesson scrxp � without any apparent difficulty. Unfortunate�.y, a Iarge '� number of re�ailers have protested McKesson's election ta use scrip to discharge its obligations under the Court approved � � • plan of distribution. Some of McKesson's valued retail � customers have evidenced their dissati.sfacti_on by reducing � �. � ' L�L � � � 1 . � � � their purchases of McKesson's products and by refusing to display prom�.nently McKesson's products. Several retaiZers have gone sa far as ta cease doing business with I�IcKe�son al.together because of McKesson's scrip plan of distribution. These customer reactions were totall� unanticipated by McKesson and oUviously dictate a change in McKesson's previously announced scrip �1an. � I�Z order to remedy the adver_se r_eac�ians to McR.esson`s scrip pian and �a evid�nce McKesson's cont3_nuing good faith to . its valuable retail customers, the follow�ng op�ions are hereby offer.ed to each retail customer to whom McKesson scrip has ,.. been issued. ,. ' � 1. You may continue to utiliz.e �I.cKesson scrig in accordance with the letter of instruction previously distributed to you along with the, scrip; and � . . , ; : :t: : � 2. On or after June.l, 1975, you ma.y Yeturn aIl remaining ur�used scrip for the years 1975 through I973 ta McKesson and a check for 75� of each $I.00 of the unused Mcl�esson scrip � � will be issued to you. This offer contemplates only a ful.I redemption of unused McKesson scrip and no partial redemptzon will be made. This offer will expire September 5, 1975. . - We are taking this action because of our desir�e to. furnish �all of our customers with the best service possible. We look forward to cordial relations �hroughout the coming ' years.� -2- � . . . 6E � . �_ , _ � LIQUOR ANTI TRUST CREDIi ' � 1975 - 1979 � �� Cash payments due before Dec.of specified year. '� .VENDOR 1975 7976 1977 1978 1979 � 70TFlL �FAMOUS BRAND $. 179.52 $ 179.52 $ 179.a2 $ 179.52 $ 179.52 $ £i97.G0 � PNILLIPS 621 a16 621�.16 621 .16 621 .i6 621.Tfi 3,1Q5.B0 OLD PEORIt� 344.22 344<22 344.22 344.22 344.3� 1,721 .23 � , rr DZSTILLERS 84.11 84.1Z £344T'I 84.11 84.1T 420.a.� . i GRIGGS . . 1�8.27 188.27 i88.27 Z88.27 i8$.27 941.3� � TOTAL NO��-SCRIPT 7y08C��3 � . � ` �. . .Scr�pt (each coupon �aarth 30�j � . . � � VENDOR • 1975 1976 7°77 �! 378 7 979 r� TOT/�L . �. � � �*JOHNSON (Tsn,in City GJine $ 286e20 $ 2�6.20 $ 286.20 � . 286.2� $ 284.17 �l �428.�I , � _ .& Wine Merchants . � a7so honored coupans) _ � *f�1CKESSON tMinn. Disti7lers 150.60 750.60 ... 15Q.°0 1.50�50 146.4Q ?49:it� also honored coupons} . . � . - . . TOTAI� SCRI PT . 2 S 178 .0% * First year af script used. . � � � , TOTAL GOMBTNED � 9,2b4.6� � � , � � , � . � ' . . ' ' �� . . � � , . - ,�,�!", _. � � . �. CITY OF FRIDLFY t�l E��1 0 R A N D U Nf • , . 6 F '� r „ • ✓.�,� ��v IT0: .�dASIt�i M. QURESNI, CITY t�1APJAGER . FROM: P�ARVIN C. BRUNSELL, ASST, CITY.MGR./�IN. UIR. � SUBJECT: CLASS ACTION A��JD SETTCEMEfdT NQTICE ON LIQUQR ANTI-TRUST SUIT DA7E : h�OVEP-1BER 20, 1974 , � The Ci ty of Fri dl ey together ��i th ol;her governm�n�:al a�7ci non-governmental 1 i quor reta�lers participate:i in initiating liquor anti-�triast sui.ts aga�i��st: the krholesa7cr�s in September of 1972o Subsequen�1y, this became a class action �Ari.th the c7ass - cam�rised of all pub7ic and private liquor retailers �in 1:he S�at� ofi :�inn�sata. � Attached is a copy of the Class Action and Settlement Not:ice to all t�tinnesota Retailers with Respect �o Litigation Concerning �n�c�xicatjng Liq�ors, Win�s arid Spi ri ts. . I n revi ewi ng th i s settlement noti ce wrii cl� has laeen i ssued by �the Di s tri c� Couri, you 4�i11 rrote that the defendants propose d f:ot�a1 se��lemen� of $4,78Ug00Q, of which �1 ,Q00,000 is in cash and �3,730,QOQ 4��au1d hc� �in credits ag�inst fu�:ure purchases made by the members af the class fram �he cie-fendant wholesalers.. You wi 7 7 note �tha-� the detai 1 s of the setti ement � ncii cat� �hat m�mbers oi' �;h� cl ass are included and baund by the judgement �n th5s se�t��meni: unless � m�mber af �he. class files a request ta be excluded prior to (�ovemb�r ?C, 1�74. � hearin�.� is scheduled for December 10� 1974 for the purpose af c�etermining �vhe�her �;he propos�d settlement is fai-��;:'t^e�asonab7e•.and equi tablep ancl for the purpose of proaosi ng the methods by �rhich tl�e: credits �vi 11 be �appl ied to tl�e inclivicival c1ass memhers. I have revie�ved the proposed seti1ement u�rith the at�;arney f�°om P9aster and f�1a�.tson, representing t�e City on this subject. I have also di5cussed the proposed settie�n��t with representatives of other 1arge municipa1 liquor operations in the metropolita►� - area. It is our opinion that the settlement should be accepted. I1; is therefore recommended that ti�e .City move to approve the set�lement. 4Jhatever credits are dete�rnined to be available to the City would be received as credits on �uture Iiquor purchases from the ��holesalers over the next five year period according to ►•rha�2ver method is established by the District Court. � MCB:sh �Attachment cc: Virgil G. Herrick, City Attorney 0 � � . . � -� . • � ' . . 0 � . ' � RL'SOI,U'I'YON N0. � A RTSOI,UTION ORDL'-RIt��G PRrLIA�II�ARY PL/INS, SP�CII�ICATIONS, AND �S'TIMAT�S OI' 1'f;L .COSTS TIILIZL'OF: STRE�T IMPROVEML'NT PROJECT ST. 1976-1 � � 13E I1' RI:SOLVL-'D, by the.Ci.ty Council of the Cit-�r of l�ridlcy as follows: 1. That it. appears�in the interests of the City and of t:he property owners �affect-ed that tliere be constructed •certain improvement�.s, to-wit: � Street improvements., including grading, stabilized base, hot-mix bituminous mat, concrete curb $ gutter, storm sewer system, water �, sanitary sewer services $ other facilities located as follows: STREETS UNDER PROJECT ST. 1976-1: 53z Avenue 7th �Street to Madison Street . S6th Avenue 4th Street to 6th Street � 57th Place 4th Street to 7th Street � • 60th Avenue 4th Street to 7th Street � 5th Street I. 694 to 57th Avenue � 5th Street 60th Avenue to 61st Avenue � �_ 6th Street I. 694 to 57th Avenue '�6th Street 60th Avenae to 61st Avenue 2. That the Public i'dorlcs Director, IZichar.d Sobiech, City Hall, Friciley, b;�'�, is heret�y authorized a.nd directecl to dra.�� the preliminary plans and sp�ci:Ci- cations a.nd to tabulai:e �tl�e re�sults of his estimat.es of the costs of said improvements, includi7ig every item of ces� from inception to co�7ipletion and all fees a�id eapens�s incur�°ed (oz to be incurrect) in connection there- wi.th, or the financin� t}ier.eof, and to �nalce a preliminar�� repor.t of his finding�, stati�lg therein t��hether said i�rprovements are fea�iUle and t�ihether they can best be rnade as proposed, or in co3inection witll sorne otller i nrl�rovern��its (and tlie estin�ated cost as reco�r.nici:ded) , inclucl:Lng also a description of the lands or area as may receive benefi.ts Lherefrom and as Ina�T be ��roposed to be assessed. 3. . Thzt said preliminary re�ort of the Engineer shall be �urnished to tJ,e City Counci 1. • � AI�P'I'ED GY T'}-IL'- CI'I'Y COU�'CIL OP TI-lE (;ITY OF FRIllL�Y T'HIS DAY OP 1�75. n•i°rr:sr : cri'Y CLI:ItI: - n�ni;vin c. �izur;sLL�. A4AYOlZ - WILLIAM J. NEE 7 i � � .s I � , . �� MEMQ T0: NASIM QURESHI, CITY MANAGEI� AND CITY COUNCIL FROM: MARUIN C. BRUNSELL, ASST. CITY MGR/FIN. DIR. � SUBJECT: RESOLUTION SPLITTING SPECIAL ASSESSMEf�TS AND REPLATTING IW�1"0 GRACE HIGN SCNOOL ADDITION � DATE: SEPTEMBER 2, 1975 � ' The.splitti�g and platting of the above listed property for the � � � Resolution on the September 8, 1975 Agenda has previously been� ,� approved by the City Council and has been recorded at Anoka County. 1 . We are now requesting that the special assessments be split and replatted. � � � . . MCB/eh � . � ' � . � � � � -� � ' � . � ' � � . . ' •. � . . � RESOLUTION N0. - 1975 ,A RFSOLUTION AUTHORIZING AND DTRECTING THE S�PLITTING OF SPECIAL ASSESSMENTS OPd PARCELS 1200 AND 1201, SECTION 24, AND �EPLATTING INTO GRACE HIGH SCHOOL ADDITION �WHEREAS, certain special assessments have been levied with respect to certair land . and said land has subsequently been su�dividEd, and replatted. �OW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against ihe following described parcels, to-wit: Parcels 1200 & 1201, Section 24, may and shall be ap�ortioned and divided and replatted as follows: ORIGINAL PARCELS Parcels 1200 & 1201 Sect�i on 24 PLATTING OF PARCELS APPROVED Lot 1, Blk 1, Grace High School Addition Lot 1, Blk 2, Grace High School Additaon Lots 2-8, Blk 2, Grace High S�chool Addition � FUf�D Reg SA I� #34 SW #48 1964 S.C. 1964 S.C. St 1971-2 St 1971-Z StJ&SS #103 S6�&SS #103 Stid&SS #103 SLJ&SS #103 SW&SS #103 St 1972-2 St 1972-1 Reg SA W '#34 � SW #48 1964 S.C. St 1971-2 St �1971-2 SW&SS #103 SW&SS #103 SW&SS #103 SW&SS #103 St 1972-2 St 1.972-1 R�eg SA St 1971-2 St 1971-2 !. SW&SS #103 SW«SS #103 St 1972=2 Reg SA St 1971-2 ($354.30 each) St 1971-2 ($67.'90 each) SW&SS #103($780.80 each) SW&SS #103($866.93 each) St 1972-2 ($852.56 each) ORIGIiVAL APIOUNT Paid Paid Paid Paid Paid $ 11;426.77 14,275.80 11,916.57 9,450.60 11,272.63 22,129.80 9,432.24 24,61G.80 11,616.60 125,137.II1 Paid Paid Paid . Paid $ 5,256.31 12,830.40 11,91G.57 9,450.60 9,699.30 9,432.24 12 , 30£3 . 40. 11,616.60 Paid 420.56 545.70 927.11 992.73 1 , 012�. 00 Paid 2,480.10 47.5.30 5,465.60 6,068.51 5,967.92 • � • Page 2 Resolution No. - 1975 Platting of Parcels Approved Lot 9, alk 2, Grace High School A��ition Lot 10,_Blk 2, Grace High School Addition Lot 11, Blk 2, Grace High School Addition Lot 12, Blk 2, Grace High School Addition Lot 13, Blk 2 Grace High School Addition Lot 14, Blk 2 Grace High School Addition . Fund Reg SA St 1971-2 St 1971-2 �W&SS #103 SW&SS #103 St 1972-2 Reg SA St 1971-2 St 1971-2 SW&SS #103 SW&SS #103 St 1972-2 Reg SA St 1971-2 St 1971-2 SW&SS #103 SW&SS #103 St 1972-2 Reg SA St 1971-2 St 1971-2 SW&SS #103 SW&SS #103 St 1972-2 Reg SA St 1971-2 St 1971-2 SW&SS #103 SW&SS #103 St.1972-2 Reg SA St 1971-2 St 1971-2 SW&SS #103 SW&SS #103 St 1972-2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS �OF � 1975. � � ATTEST: CITY CLERK - Marvin C. Brunsell � P�IAYOR - WILLIAM J. NEE Original Amount Paid $ 359.25 67.90 . 780.80 866.93 852.56 Paid 402.61 67.90 780.80 866.93 852.56 Paid 458.35 67.90 78�.80 866.93 .852.56 Paid 548.16 67.90 780.80 $66.93 852.56 Pai d �2�.ao 76.40 878.36 • 950.77 959.12 Paid 773.63 � 76.40 878.36 950.77 959.12 � 126,137.81 � DAY i i RESOLUTIOPJ N0. - 1975 A RESOLUTION DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES ' BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: - l. It is hereby determined that the assessable cost with respect to the following named improvement, t0-Wlt: TREATMENT AND REMOVAL OF TREES � inc-ading all incidental expenses thereto, is es�imated at $ � 2. The City Clerk shall forth�-�ith calculate the proper amounts to be specially assessed for said improvement again�t every assessable lot, piece, or parcel of .land benefited by said improvement according ta 1ava. PASSED AND ADOPTED BY THE CITY COU(JCIL OF THE CITY OF FRIDLEY THIS DAY OF . , 1975. � ATTEST: n • i�AYOR - WILLIAM J. NEE CITY CLERK - Marvin C. arunse�l 0 0 �.9 0 RESOLUTION �JO. - 1975 A RESOLUTION DIRECTING PUBLIGATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FC►R THE TREATMENT AND REI�Oti'AL OF TREES BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follotivs: 1. The City Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, on the day of , 1975, at 7:30 p.m. to pass upon the proposed assessment for the fol1owing named improvemen�t: TREAT��E�dT AND REP�OVAL. OF TREES • 2. The City Clerk shall publish notices of the time and � place of ineeting �in the official n�wspaper of the City, at least two (2) weeks prior to such meetingo , PASSED AND ADOPTED (3Y TNE CITY COUPdCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. MAYOR - WILLIAh1 J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell 0 10. I � � CITY OF.FRTDLEY� ANOKA COUNTY, ��1INNESOTA NOTICE OF HEARING OF ASSESSMENT FOR TREATPIENT AND REMOVAL OF TREES � � . . Notice is hereby given that the Council o-F the City of Fridley will meet at the � City Na11 ii� said City on the 22nd day of September, 1975, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: � .� i � TREATMENT AND REMOVAL OF TREES �he proposed assessment roll for each of said improvements is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. � At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. The ,general nature of the improvements and each•of them is�the treatment or removal of trees located in the City of Fridley. Parcel 4800 Section il Parcel 960 Section 12 Parcel 4860 Seciion 14 Parcel 4840, Lot 28 � Auditor's Sub. #77 Parcel 510 . Auditor's Sub. #89 Lot 2, Parcel 140 Auditor's_Sub. #94 Lots 4, 5, 6,Block 2 City View Addition Lots 4 and 5, Block 3 City View Addition Lot 1,Parcel 20 Clover LPaf Addition Lot 13, Block 8 Lot 13, Block 10 Lots 33 and 34, Block 6 Lots' 1 and 2, Bl ock 13 �ots 14 and 15, Block 4 Lots 16 and l7, Block 7 Lots 18 and 19, Block 8 Lots 18 and 19, Eil ock 13 Lot 7, Block 22 East 1/2 of Lots 8-]0, Block 25 Lots 7 and 8, Block 27 Lots 77 - 21, Slock 4 , Lot 4, Block 4 , Lot �, Block 4 Lots�21-23, Bloc� 7 (Parcel 4070) Lot 30, 81ock t3 Tract C, Parcel 250 , Lot 3, Block 1 Lot 7�, 61ock 1 Lot 6, Biock 4 Lots 9- 12 and 16 - 24, Block M �� Lots 25 and 26, alock V Lots 3 and 4, Block X ' , � ��Donnay's Lakeview Manor Addition Donnay's Lakeview P�anor Addition Fridley Park Addition Fridley Park Addition Hyde Park Addition Hyde Park Addition Hyde Park Addition Hyde Park Addition .Hyde Park Addition � Hyde Park Addition Hyde Park Addition Lowel] Addition Ostman's 3rd Addition Parkview Oaks First Addition Plymouth Addition , Plymouth Addition _ Registered Land Survey #3 Rice Creek Estates Rice Creek Plaza South Addition Rice Creek Terrace Piat 6 Riverview Heights Addition Riverview Heights Addition Riverview Heights Addition l0 A �— — - � � � lO B � � � . � Page 2-- NOTICE OF HEARING OF TREATMENT AND REMOVAL OF TREES Lots 12 and 13, Block Y Riverview Heights Addition � Lot 6, Block 1 Riverwood Manor North 50 feet of Lot 7, Block 4 Shaffer's Sub. ' Lois 31 and 32, Block 6 Spring Brook Park Addition iLot 13,.Block } Spring Valley Addition � The area proposed to be assessed for said'improvements and each of them is�all that land benefited by said improvements or each ofi them and is tlie same as those listed above. � Said improvements will be assessed against the properties within the above noted areas. - � A property owner may appea1 an assessment to the aistrict court by serving notice of appeal upon the City P�ayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice s��ith �he district court within ten (10) days after service upon the Mayor or Clerk. • � . PAS�SED AND ADOPTED 6Y TNE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS � DAY OF .•1975. � . , tMAYUR - L�ILLIA��1 J. NEE , ATTEST: CTTY CLERK - MARVIN C. BRUNSELL • � Please publish in the Fridley Sun on September 3 and September 10, �975. � , � � � . I � , .. - - - � , � � . . � 12 � LISi' OF LICENSES TO SE APPROVED BY THE CITY COUNCTL AT TNE MEETING OF SEPTEMBER 8, 1975 � ' � � � TYPE QF LICENSE BY APPROVED BY FEE � , � . . � CIGARETi'E � � Centra] Speedy Car Wash Rick ishcata Pub1�c Safety Director 12.00 ' �5201 Central A�ertue � � ; � • � i n � SOLICITOR � } i . , . The Children`s Theatre Co. a , 24Q0 Third Avenue Sou�h 5arah Lawless Pub`:ic Safeiy D�rector Fee t�taived ; GARBAGE PICKllF . � . � • � - ,Gallagher's Service Ir�c. Richard �. Gallagh�r Hea`Ith Zn�per.t:or 30a00 9151 Centra� Avenue � ' ,Tarco, Inc. Dennis�McGraw Healtf� Inspector 30.00 DBA Modern Services . P.Oo�Box 4445 � � � � , ., � � ' • . . . ' � � . • ' � . ' � � ' � '� , � � I . I - � , . . . . � . . — . CONTRACTC3R'S LTCENSLS TO BE APPROVED BY THE CITY COUNCIL AT TH�IR 12EGULP,R MEETING OF SEPTEMBER 8; 1975 ' GENERAL CONTRACTOR APPROVED BY Carpentry and Associates, Inc. • . 6002 Excelsior Boulevard St. Louis Park, Mn. 55416 By: Paul Withers Darre7. Clazk Constsuction 70, Inc. � ' 1430 West County Road "C" St. Paul, M.'tnnesota 55113 By: Aouglas A. Chesnut Darrel Clark Dahlmeier Construction Coo 8460 Cottagewood Spring Lake Park, Mn. 55432 By: S. W. Dahlineier DarreJ, Clark Denesen Company, Inc. � 2836 Colfax Avenue South Minneapolis, Mn< 55408 B�: Fiarvey '�eterson Darre]. Clark Fridley Custom Homes ' . " 1016 Bunker Lake �lvd - Anoka, Mn. 553,p3 By; 6Jayne H� Friday Darrel C1arY. Maxanatha Cc�nstruction '2403 - 54th Avenue North Brooklyn Center� Mno 55430 Bys Richard Baai�ud Darrel Clark Minnetonka Poals Inc. . ' 10820 Wayzata Boulevard . Minnetonka, Mn. 55343 By: Daaleg Jan�s�n l�axrel C1arY. Springfield Homes, Inc. •3713 Foss Road N.E. Minneapolis, Mno 55421 Wyman Builders, Inc. 15629 Oak Ridge Road Hopkins, Mn. 55343 HEATING � Master Mobile Home Service 2189 Long Lake Road New Brighton, Mn. 55112 By: �ee Kupcho By: Dale 43yman By: Robert Fassett Darrel Clark Darrel Clark William 5andin 12 A O _ _ _ _ _ _ �. ' . i ' • , La,censes For Approval Page 2 I ' �I � MASONRY Kuledge Constructi,on ' 1924 B. Oakview Lane ' ' Minnea,polis, Mn. 5544Z Main Masonry . i'. 2127 North Ferry Street Anoka, Mn. 55303 � ' _� ' '. - . ' . � � ' � , ' • ' � ' ' • ' ' , - . � . ' - ' I . ' ' . � By: Steve Kuledge By: Lawrence Masonry . : APPROVED BY Darrel Clark Darrel Clark l2 � , MULTIPLE DWELLING LICENSES TO BE APPROVED: l2 C Period Segtember 1, 1975 to September 1, i976 , , OWi+1ER ADDR�SS UNITS FEE APPROVED BY: ' Floyd i�, Bailey 5900 - 2% St. N.�. � ? $15.00 R. D. Aldrich, 5861 W. Moore Lake Dr. Fire Prev. Fridleq, Mn. 55432 , ' Floyd i�. Bailey 5908 - 2 Z St. N.E. 7 15.00 R. D. Aldrich, see above address Fire Prev. ' Floyd G. Bailey 5916 - 2z St. N.E. 7 15.00 R. D. Aldrich, see above address Fire Prev. , Gerald L. Miller 5900 - 3rd St. N.E. 4 15.00 R. D. Aldrich, 5420 - 5th St. N.E., Apt. 2 Fire Prev. Fridley-, Mn. 55421 ' ' David C'�. Nelson � 5980 - 3rd St. N.E. 4 15.00 R. D. Aldrich, 20186 Connie Arive , . Fire Prev. ' Anoka, Mn. 55303 . Terranee H. Mickley 5419 -�4th St. N.E. !+ 15.00 R. D. Aldrich, 7075 Hickory Drive Fire Prev. � Fridle�*, Mn. 55432 , � Gerald L. Miller ,5420,- 5th St. N.E., Apt. Z Fridley, I�n. 55421 '.Iames H. J'ohnson � 621 Ben�iett Drive "Fridley„ Mn. 55432 � M. A. B:iddle 4800 Cedar Lake Road Mpls, Mn. 55416 ' Virginia T. Carlson 231 - 7ath Way N.E., Apt. 5 ' Fridley, Mn. 55432 Donald G. Anderson �3319 Belden Drive N.E. Mp1s, Mn. 55418 Victor Lohmann ' '3515 - lOth Ave. So.. Mpls, Mn. 55407 � � � � ' � ' ' 5420 -�5th St. N.E. 380 - 57th Place N.E. 211 - 79th�Way N:E. 231 - 79�h Way N.E. 5960-5980 Anna St. N.E. 5950 East River Rd. 4 15.00 4 15.00 8 15.00 7 15.00 33 38.00 12 Z7.00 R. D. Aldricli,, Fire Prev. 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 2 12 D '' MULTIPLE DWELLING LTCENSES TO BE APPROVED: '� Period September l, 1975 to September.l, 1976 � OWNER ADDRESS UNITS FEE APPROVED BY: , Leonard E. Dailey 8191 East River Rd. 5 $15.00 R. D. Aldrich, 8191 East River Rd, Fire Prev. F�idley, Mn. 55432 ' � ' Bruce �C. Anderson 4030 Main St. N.E. 4 15.00 R. D. Aldrich, 1815 C:Leveland N. E. F'ire Prev. , � Mpls, i�in. 55/+18 ' � Kenneth F. Peterson 6011 Main St. N.E. 4 15.00 R. D. Aldrich, 2441 L.�ndale Ave. So. Fire Prev. ' Mpls, Mn. 55405 . � Kenneth F. Peterson 6019 Main St. N.E. 4 15.00 R. D. Aldrich, , see above address � Fir_e Prev. Donald C. Wescom 117 Mississippi Place N.E. 4 15.00 R. D. Aldrich, '117 Mi�>sissippi Place N.E. Fire Prev. Fridley, Mn_. 55432 • - , ,Ronald•Shelton 140 Mississippi P1ace N.E. 4 15.00 R. D. Aldrich, 8844 - 75th St. So. • Fire Prev. Cottage: Grove, Mn. 55016 • . ' Chris Jelevarov 160 Mississippi Place N.E. 4 15.00 R. D. Aldrich, �160 Mississippi Place N.E. .Fire Prev. Fridley, Mn. 55432 ' � Innsbruck North t�ssociates 1601 No. Innsbruck Drive 258 263.00 R. D. Aidrich, 1601 No. Innsbruck Drive Fire Prev. � Fridley, Mn. 55432 � � � Edstrom Realty 155-175 Satellire Lane N.E. 33 38.00 R. D. Aldrich, 960 East Mark St. � Fire Prev. ' Winona, Mn. 55987 . ��Edstrom Realty 195 Satellite Lane N.E. 20 25.00 R. D. Aldrich, ' see above address . Fire Prev. Carl W. Lidberg 6111 Star Lane N.E. 18 23.00 R, D. Aldrich, ,3816 Central Ave. N.E.� Fire Prev. Mpls, Mn. 55421 � � I� ' � � � i � .13 . �1 . . . � - � � • . ', ESTIMATES FOR CITY COUNCIL CONSIDERATION - SEP7EMBER 8, 1975 � Comstock & Davis, Inc. , 1446 County Road "J" � Minneapolis, Minnesota 55432 ', PARTIAL Estimate #1 for furnishing resident inspection and r�sident supervision for the staking out of construction work for Water, San7tary Sewer, Storm Sewer & Street Grading ' � Improvement Project No. 1}7 from July 28 through August 16, , 1975 � $1,518.26 , PARTIAL Estimate #9 for fursnighing resident inspection and resident supervision for the staking out of the . construction work for Sanitary Sewer•Improveme�t• Project t' No. 113 from July 28 through Auqust-16, 1975 $ 796.07 , Smith, Jus�ter, Feikema, Haskv.itz & Casserly Builders Exchange Building . , . Minneapolis, Minnesota 55402 . � For lega1 services rendered as Prosecutor for the City of Fridley by Carl Newquist for August, 1975 $1,327.50 ' ' •. � � , ' . � . , " � . ' ' . , • � , '. . . � � � ' � . j1 � � . 1 . . !, TIN1E RECORD FOR AUGUST, 1975 PROSECUTION t�JORK 1. Preparation, Travel and Time in Court for � 49�Court cases and 8 a�pearances for Jury , trials. � �2. Investigaiions and Process of Com}�laints including office conferences, phone con- ' .ferences, correspondence and preparation of Formal Complaints. , �3. Court and Police Administration. ' TOTAL ' DATE o � . O 9ALANCE ' _ - FORWARDED FROM LAST STATEMENT 9 3 75 For legal services rendered as Prosecutor for the City of Fridley. � ' August 1975 Retainer. • $1,000.00 Secretar�ial Services 100.00 Time in-excess of 30 hours (6 hours�25 minutes) 227.50 � � . � � � �— t declar der penalties of !aw that this , acCOUn , c: �n or �hcr.and is just anci�cor-, - � rect an tt a o� :; .�;as ;�•�n �� . � r � , . w. S a�tTd,e o~f C�ir�ian— t � � � . , SMITH, JUSTER, FEIKEMA, HASKVITZ nNO CASSERLY , ATTORNEYS AT LAW _.�-= �s� �ax L� , ' ' . . ' � II ' '' 24 hours 11 hours D0. hours 36 hours 15 minutes 25 minutes 45 minutes 25 minutes 0 $1,000.00 �1,100.00 $1,327.50 c 13 I� �_�- . . . . � l� . 1 � .. � � 1 � 1 � . � . f , . . � � ' BURT ELLIS, ISLA�d��S �F PEACE FOU�111ATIOiV, � HAS REQUESTED TO APPEAR �EFORE ThE CITY � 1 . � . CUUfdCIL TO t�ISCUSS TNEIR FU�Jll RAISIi�G 1 - : , . 1 � .� . 1 .� . . � � . . � . � . � � - � . � . _N� . . .. , �� .. . � � . .� � _. . �. .. . . . . �� . - . � . � � � .. � � ' , , �. 'MEMO T0: , FROM: , DATE: RE: � ' ' , ' ' , ' ' ' OFF�CE QF THE CI7Y MANAGER FR��Ey�,. MI��NESOTA THE HQNORABLF MAYOR AND CITY COUNCIL CITY MANAGER AUGUST 22, 1975 HQME FTRE DETECTION PROGRAM The City staff has investigated the poss'ibility of adopting a Home Fire Detection Program. The purpose of the program is to increase the life safety of homeowners and businesses throughout the community by providing the oppor- tunity for residents to purchase smoke detector units at a reasonable pi°ice, � and with full knowledge that the recomrnended units meet stringent specifica- tions and will operate effectively as a ivarning device in case o-F fire. The recommended smoke detection devises would alert sleeping families if fire occurs by emitting a loud tone whenever a mini.mal amount of smoke contacts the sensors in the unit. This program has been successfull� implemented in Monroeville, Pennsy1vania. � � � This program would afford residents the opportunity to.have the same protection in their dwellings as that required for new dwellings. Curr.ent �odes do require such devices in new construction, but no requirement is made for existing dwellings. The advantages �of this type of program include the potential of life saving and the reduction of human suffering in additian to decreasing property loses in terms of dollars. A recent study of 342 fire deaths was conducted by the Research Council of Canada. This study concluded that 42% of the deaths wauld not have occured had their been early detection devices installed. � � In Monroeville, Pennsylvania, the city developed specifications and received bids on 2,000 units. Nineteen hundred of these 2,000 units were purchased wi�h- in 60 days by residents. The units available ranged from $33 per unit to $50 per unit. An attractive battery�powered unit seemed the most desirable and sold for approximately $45. Units can be AC powered or battery powered, or photo-electrical devises. . ' �� In Fridley the proposal for this Program includes obtaining bids for 4,OQ0 units battery powered, AC powered, and photo-electrical smoke detectors. The � bid.process would allow these units to 6e obtained.in bulk at a Iower cost than put^chased indivi.dually. The City of Fridley would act on1y as a clearing house ,� ' 15� l5 A The Honorable Mayor and City Council. . �2= August 22, 1-975� for interested residents and 6usiness owners who may want to purchase units directly from the supplier. The City of Fridley would substantiate residency as a bonified citizen or business in Fridley. The bidding process would.in no way obligate the City of Fridley to purchase any or all of the units specified. It would simply afford the opportunity for residents to directly contact the company and obtain the safety device directly from the company. Fire Prevention Week, beginning .on October 5, provides the opportunity. to highlight this program. A mailing attached to the October Newsletter would inform residents of the program and encourage them to consider purchas- ing a smoke detector. In addition, service organizations and the media would be coritacted to increase the awareness and understanding of the program. The City sta;=f suggests that the Home Fire Detecti.on Program be adopted and implemented in a similar ma�ner to the program in Monroeville, Pennsylvania. The City would devise specifications and receive bids, inform homeowners and business owners of the program and allow individuals to contact the lowest bidder after certification by the City that they are residents. NMQ/ms ' , . . ' � . � � . � � � `� � �`�l� � � 6431 UNIVERSITY AVENUE NE r. Wes Lane, State Director ivision �f Emergency.Services t. Paul, Minnesata ANOKA COIJNTY September 9, 1975 RE: Request for Regional Activation of Warning Sy�tem �' 16 FRIQLEY, MINNESOTA 55432 � Dear Mr. l:ane: - ' The (:ivil Defense Director of the City of F'ridley recently attended a meeting regarding the operation of the Civil Defense Warning System in severe weather condi- ��o�is, and a.lso the possible modification of the metro system to a regional basis.. � Our Directar has informed us that Mr. Stru6 of the hational Weather Service has indicated that th�eir office can now pr�dict weather conditions that not only may �pawn tornadoes, but a1so those that may have winds of hurricane force (In excess of 5 mph). Ne also stated that their office with the cui°rent tracking capabilities •coiaid operate the Metro 4�Jarning System on a regional basis, in whic{� it would not be �ecessary to activate all of the sirens in the metro area for storm conditions �hat iay not affect the total metro area. I have been directed by the City Council of Fridley to request that tMe State �vision of Emergency Services develop plans that would include both of the above entioned capabilities into the i�M1etro Warning Syst2m. It is our opinion that the validity of the warning sirens would be greatly �nhanced if during storm conditions the sirens were sounded in the areas affected by the storm conditions. ' Damage from the May 19 windstorm, although not of as great a magr�itude as a tornado, was certainly as destructive to buildings ar�d presented a great personal �anger to the citizens in the affected area. Warning of these conditions could have een most valuabie. . ' ' Thank you for your cooperation and assistance. �NM /ms Q �� Sincereiy, hasim M. Qureshi City Manager a� � � � ' � � � ' ' ' 16 A OFFlCE OF CIVlL DEF�NSE � �Fi�� _ � �d�ry a�° � �x��ery � �� ` . �` N{31 Univec�saty Ave. N.E. `'� Frid(ey, td�inn. 55421 . � /aNC3i�. CO�JN�Y DATE: September 4, 1975 MEMO T0: Nasim Qureshi, City Manager FROM: Robert D. Aldrich, Director of Civil Def ense SUBJFCT: Local Activation 75-9-1 In regards to my request for funds to proviae for local activation of Fridley's Outdoor Siren Warning System, one of the overriding considerations for the need for this cap�bility is, in my opinion, the possibility of an incident in the railyard.s. � � Tn general Fridley is subject to south and south�ti�esterly winds during the � summer months. It is a well known f act that railroads today move significantly large quantities of hazardous and.toxic materials, and accidents involving this type of cargo could present a great danger to the residents in the area south �f I-694. If an emergency situation were to develope in this area, we could by local activation sound the.attention signal on the sirens, and through the news media and by other means notify and warn the residents of the affected areas. Local activation was not decided to be used in severe weather conditions although the possibility would exist. Weather service capabilities are such that activation by the Weather Bureau is infinitely more precise and accurate. , At a recent Civil Defense Directors' meeting, Mr.�Joe Strub of the Weather ' Service indicated that they can be quite precise in tracking sever.e weather . conditions including straight line winds in excess of 75 m.p.h. � � J , I am including a draf t of a copy of a letter to tlie State Division of • Emergency Services urging that the State deveiope plans that would include providing warning for high winds, as we11 as regional activation of the Metro Warning System. If I can be of further assistance to you in this matter, please let me.know. RDA:el � � 1 1 ' � , � ' � � ' ' , ' ' , LEAGUE OF WOMEN VOTERS OF FRfDLEY �RIDLEY, MiNNESOTA b340 Monroe St. N.E. August 28, I975 Mayor William Nee C3ty of Fridley 6431 Univcrsity Ave. h.E. Fridley, Mn. 55432 Dear Nlayor Nee : The Fridley T�ague of Women Voters has received the enclosed brochure on the Water�s Edge Forurn �o be held at the Radisson Hotel Downtown, September 17, 18, a�ad 19. We fee2 that thc program ofFered would be of considerable value for land use planning and recreational and open spaca purposes in Fridley. Therefore� we would like to suggest that you con— sider sending a representativc to the confercncc« i�Ie would further wish to suggest that you consider the posaibility of sending as Fridley's representative, a Fridley i�eapue of Women Voters board member, Ja.cqueline Johnson. Mrs. Johrason ha�s assumed the responsibility in I,eague for our continuing study of North �k and the vaxious possibi.lities for its developme�a� as a nature center. She has a great deal of background in land use and open spaee stud9� having served on the �'ric�ley Indus— trial Develop�nent Comm3asion and as coord inator, Araoka County, b�etropolitan C�pen S�ace Information Project. She is thoroughly dedicated to the implementatian of wise land use poZicies. She also has proven herself to be a very tactful, resotarceful a.nd competent lead�r in I.eague. We, as a voluntarq citizer. organization, do not have the thirty—five dollars registration fee to send her as a delegate of the League. However, we �.re hoping, that because she would go with the �xpress purpose of garner— ing infornation beneficial to the City of Fridley, you might consider sending her as a delegate of the C�ity of Fridley. Thank you.for yotar consideration,of this matter. � � AfFi�iated with the League of Women Votars of the U.S. � Sin erely yours �, , . . Pre dent, Fridley TzdtT� P.S. I hane been asswred by the Dept. of In�erior that ot� xegistration will be accepted until the opening day of the forum.