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10/06/1975 - 00015032• - � y N THE MINUTES OF THE REGULAR P1EETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 6, 1975 � � � The Regular Meeting of the Fridley City Council of October 6, 1�75 was called to order at 7•33 P M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited them to ,7oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT f4EM8ERS ABSENT APPROVAL OF MINUTCS: Councilman Fitzpatrick, Mayor Nee, Councilwomar� Kukowskt, Councilman 3retder, Councilman Starwalt Nane MOTION by Councilman Starwalt toadopt the minutes of the Public Meeting es Seotember 15, 1975 as submitted. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. A�(JPTION OF AGENDA. MOTION by Councilwoman Kukowski to adopt agenda wi±h the addition of a letter from Franks Tree Serv�ce, as requested 6y Counc�lman Starwalt. Seconded by Councilman Stanvalt. Upon a voice vote, all voting aye, Mayor Nee declared the motior carried unanimously. OLD 3USINESS: ORDINFINCE ,#594 - CONSIDERA7ION OF SECOND READINS OF AN ORDINANCE FOR VACATI�N REOUEST The Public Works Director commented that the Ordinance #,594 was changed as requested at first reading, to change 66' to 36' to be vacated. T6�e City Manager said that it should read the Westerly 36' of the easterly 66'. MOTION was made by Councilman Starwalt to adopt and publ�sh Ordinance #594. Seconded by Councilwoman Kukowski. Upon a voice vote, all votirg aye, Mayor IVee declarcd the motion carried unanimously. OR�INANCE #595 - CONSIDERATION OF SECOP�D READING OF ORDINANCE FOR VACATION P,EQUEST SAV #75-08 BY LEO LEP4KE, TO VACFTE PORTION DF 47TH �'�VE. AND ALLEY EASE(�1ENT IN MOTION by Counctlman Breider and seconded by Councilman Starwalt to waive the second reading and adopt and publish Ordinance �595 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE '�596 - CONSIDERATION OF SECOMD READING OF ORDI AN� ORDINANCE #597 - COIVSIDERATION OF APPROUAL OF LOi SPLIT R� FOR VP,CATION REDUEST L.S 775-05. BY ��OTION by Councilman Breider to waive the second reading of to adopt OrdinancP #597 and order put�lication. Seconded by Councilman Fitz�atrick. Upor� a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTIOh by Councilman Breider to approve Lot Spl�t, seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor A1ee d�clared t�ae motion carried unanimously I � '1 REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 AND Page 2 CONSIDERATION OF APPROVAL OF VARIANCE REQUEST BY R06ERT HINRICHS AT 481 RICE CREEK TERRACE, N. E. MOTION by Councilman Breider to watve the second reading and adopt Ordinance #598 and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unan�mously. MOTION by Councilman Fitzpatrick and seconded by Councilman Breider to approve the variance request by Robert Hinricks at 981 Rice Creek Terrace. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT BETWEEN CITY OF FRIDLEY AND RICHARD POVLITZKI: FRONTIER CLUB, 7365 CENTRAL AVE. �I.F. The Public �lorks Director referred to Agenda, Page 6A, 66, 6C and 6D, and said the agreement had been prepared as directed by Council after the first reading of the rezoning ordinance for the property owned by Richard D. Povlitzki. At this time, Mr. Povlitzki questioned signing the agreement and �ndicated a desire to know the status of his liquor license application. Council advised him they would consider the second readinq and publication of the rezoning as soon as improvements were made by the owner to the existing property, and after that consideratton could be given to the application of the liquor license. Mr. Povlitzki asked if he would put an "X" amount of dollars into the property for improvements, would the Counci7 �ssue him a liquor license. Councilwoman Kukowski satd that they must take first things first. Mayor Nee reminded Mr. Povlitzki that this was the same agreement as in 1969, and that the improvements were still not completed. Mr. Povlitzki said he ,7ust wanted to know if they were going to give him a liquor l�cense or not. Councilwoman Kukowski asked Mr. Povlitzki if he was planning to sell the property. He replied he was trying to sell it presently. Councilwoman Kukowski suggested that perhaps the new owner could come back and apply for a license. Mr. Povlitzki felt that would not be easy to do in Fridley. Plo one would buy without having a liquor license, and said it was difficult enough with the degree of policing being done. He also said he could not do all the remodeling by only selling 3.2% beer Councilman Starwalt satd they could not take action on liquor license unt�l rezontng had been established. He also said they were only trying to do the right thing for the citizens of Fridley. Mr. Povlitzki sa�d he wanted a vote to consider his liquor license. Councilman 5tarwalt said he would not ask Council to vote because he thinks that is the wrong way to go about it Mr Povlitzkt said that he would take care of all of the tm�;rovements. Councilman Starwalt said he had a poor track record of compliance with City requirements and he would be relunctant to vote for him to have a license at this time. Councilwoman Kukowski brought up that tf he was really serious about selling, Council would not issue a liquor license until the sale was made. Mr. Povlitzkz said the new buyers would then have to go through the same things all over again Councilrian 5reider said he thought it would be 6etter to sell the business and have the new buyers come in and talk to the Council. � 1 , � � REGULAR MEETING OF CITY COUNCIL OF OCTOBER 6, 1975 Page 3 Councilman Starwalt said Mr. Povlitzki would have to decide whether it would be to his advantage to sell under the changed zo m ng or present zoning, and that it would be more marketable if the lmprovements were made. Councilman Starwalt also said he would not tie in the rezaning and the liquor license together as it did not work that way. Mayor Nee said that the Council could give Mr. Povlitzki a Resolution of Intent to give him a liquor license. Mr. Povlitzki sa�d if anyone else came to the Council for a liquor license, they would not have to wait nine months Councilman Breider said all of th�e liquor licenses were handled the same It was the same with Ground Round and others They were issued a license after the remodeling had been done. Counctlman Fitzpatrick said it makes sense to him for Mr. Povlitzki to try and sell his property and the sale could be contingent upon his obtaininq a liquor license. The problem is that the rezo m ng is contingent upon improvements, so it would be to his advantage to get the rezoning Mayor Nee said that the City was prepared to give Mr Povlitzki approval for re- zoning at the second reading dependent upon completion of the improvements. He further explained that they could tssue a Resolution of Intent that if it was properly zoned and complied with the requirements, a resolution could provide him with intent of issuing a liquor license. Councilman Starwalt said he would not ask for a resolution contingent on Mr. Povlitzki fullfilling his commitment for improvements. Mayor Nee asked for a motion for Admintstrative to be directed to prepare a Resolution of Intent for issuance �f liquor license for October 20, 1975. MOTION by Councilman Starwalt to prepare a Resolution. Seconded by Councilman Bretder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. IDERATION OF ORDINANCE FOR THE ISSUANCE OF WINE LICENSES I 11 �� The Ctty Manager requested the Council to set a Public Hearing for PJovem6er 1D, 1975 with the proposed Ordinance to state a$2,000 fee. After discussion, it was deter- mined that notice be sent to current liquor license holders, food establishments and civic groups. MOTION by Councilwoman Kukowski to set a Publ�c Hearing for November 10, 1975, with the proposed Ordinance to state a$2,000 fee. Seconded by Councilman 5tarwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF 3.2 LICENSE FOR AMERICAN BAZAAR AND MARKET BY JEROME W DIELTL AND RICHARD BRAMA TABLED 9/22/75 . Councilman Breider stated that he had gone to the American Bazaar and Marke� site the past Saturday, and said that Mr. Brama was dotng a good �ob, but that there were some weeds growing on the grounds of the ad,7acent building. Mr arama said he would take the blame for that although it was part of a maintenance agreement they had, but that it would be taken care of by Friday. Mr. Brame said that he did not count the crowd 6ut that about 55 booths were filled He presented a diagram showing the plan of the picnic tables for the 3 2 beer area � Mr. Brama explained that he had some policing through the area by an off-duty Fridley policeman and that they had a security guard on duty at all times He also said that the exhibitors were happy. Counc�lwoman Kukowskt questioned an �mprovement of the puhl�c address system Mr Brama explained that the problem was the sounds were v�brating off the walls and ceilings and they would use this for paging only. Othervaise, a PA system with speakers on the stage would be used for the entertainment ]�� REGULAR MEETING OF CITY COUNCIL OF OCTOBER 6, 1975 .,,. , MDTION was made 6y Councilman Breider to approve the 3.2% license for the Amer�can Bazaar and was seconded by Councilman F�tzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwom�n Kukowski su9gested that some study should be made with Planning Commission to take a look at the idea of the possibility of requests for 3.2 licenses coming up all over the City. Councilman Starwalt mentioned that there are similar situations within the City, , one being the Skywood Mall; and nother example of restricted areas is the City Parks. Beer is nat allawed when families have picnics and where children are pre- sent, and they would have beer cans all over the parks. The l�mitations of these provisions were questioned. Counc�lman Breider sa�d that in his mind, there is probably more policing in the area of the American Bazaar and they have more safe-guarding than in other 3.2� license locations He suggested the Planning Commission come up with something to control this s�tuat7on Mayor Nee asked if they wanted an Amendment. MOTIDN by Gouncilman Breider directing Administration to send the matter of 3.2% license guide-lines to Planning Commission, and that they should refer this item down to other Commissions so as not to leave anyone out that could add to it. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec]ared the mot�on carried unanimously. RESQL�TION #186-1975 - CONSIDERATIOPI OF RESOLUTION CONFIRMTNG ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES TABLED 9/22/75 . Dan Huff, Naturalists/Res. Coordinator explained that the treatment and removal of trees has been a year of educatton. He said originally they did not have the expertis ; of this process. The City Manager said that we now have the figures and the experience. All we have to know is the diameter in inches for a tree to be removed, and we can give the property owner a good estimate of what it will cost. Councilman Breider asked how lon9 the current contract is. Mr. Huff said through the end of November. Councilman Breider asked how the treatment and removal of trees was different from the weed-abatement program, and why the Council does not make approvals of the con- tracts of the tree removals. The City Manager explained that it is different for the reason that they are below the level necessary for Council to approve. If it were over $5,000, it would L-e brought to the Council. Councilman Breider asked if they had ta7ked to contractors about a year-long contract. Mr. Huff explained that they did request year round contract bids from nine con- tractors. Some of the problems encountered were that the City could not guarantee the work load and that there could be price increases in labor costs. He said he only received four bids out of the nine who had received the request from the C�ty. Councilman Breider asked what the costs for the tree removal in the City would 6e for nexi year Mr. Huff said that wouid be hard to estimate. It would depend on the number of diseased trees. If it is about 40%, the least cost expected would 6e in the neighborhood of $5,000 to $6,000. Thts would be for the amount of work done because of peop7e refusing to remove a tree because of it being a hardship. He emphasized even though the cost would approximately be $5,000 to $6,000, the total program so far has run between $50,00 to $100,D00 to total t�x-payers rn Fridley. A lot of them remove the trees themselves, and others request 6ids on their own. The City requested three bids. Playor Nee asked if they had a copy of the letter from Frank's Tree Service and re- quested this be brought up after Item #17. ' � , REGULAR MEETING OF THE CITY COUNCIL OF OCTDBER 6, 1975 Page 5 Mayor Nee asked for a REsolut�on and if any amendments or exceptions were desired. MOTION by Councilwoman Kukowski, seconded by Councilman Starwalt to adopt a Resolution with the follow�ng exceptions: John Amerman, 5650 Reg�s Dr�ve, fee ad�usted to $65.00 plus $25.00 Administrative costs. Chesier Versailles, 7136 East River Road be deleted. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. ORDINANCE ;f599 - CONSIDERATION OF SECOND READING OF AN ORDIPlANCE ADOPTING THE BI�Da�T FDR THE FISCAL YEAR 197G. MOTION by Councilman Bre�der to waive the second reading and adopt Ordinance �r`599 as presented and publication ordered. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously NEW BUSINESS L,r t;. E AMENDING CHAPTER 605 REGARDING THE SALE OF IN70XICATING Councilman Fitzpatr�ck said to refer to Page 11 and chanqe wording from 1•3� A.M. to 1:00 A.M. Mayor Nee pointed out that there would be no consumption after 1•30 A.P4. and no one should be on the premises after 1•30 A.P4. except the owner and employees. Councilman Breider said that live entertainment should be cut off at 1•00 A.M to clear out the premises in 15 minutes, espectally in Winter time when 15 minutes would really be push�ng to pick up coats, etc. MOTION by Councilman Breider to adopt the Ftrst Readtng with the amendment in the title that the sale will not be after 1:00 A M., seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously IDERATION OF AN ORDINANCE AMEN�ING CHAPTER 603 - SALE OF INTOXICATING P4ALT ORS AND PROVIDING T T THE E SHALL BE NO CONSUMPTION DF NON-INTOXICATING MALT M�OTION: by Councilman Starwait to adopt the First Readiny, Plotion seconded by Cour.cilwoman Kukowski. Upon a voice vote. all voting aye, Mayor NPe declared the motion carr�ed unanimously. CONSIDERATION OF AN ORDINANCE 7�MENDING CHAPTER 602 REGARDING THE SALE OF NON-INTOXICATING LIOUORS AN� PROVIDING THAT THERE SHALL BE NO CONSUMPTIO viei P90TION hy Councilwoman Kukowski to adapt the First Reudir�g. Seconded by Councilman Starwalt. Uporo a voice vote, all voting ay-e, hlayor ��ee declared the motion carried unanimously. LOitlSIDERATION OF APPRIiVAL OF FINAL PL�'T, HENRIKSEN kUCITION, P.S. #,F75-02 � The Fublic Works Director explained that at the Public Hearing there was some concern reyarding the proposed plat. At that time the Council directed the Administration to prepare a preliminary report regarding improvements in this area. We were not directed to set up a pro,7ect, 6ut tc investi- gate certain improvements regarding accesses and costs. 1 1 t1 REGULAR CITY COUNCIL MEETING OF OCTOBER 6, 1975 page 6 The ftrst ttem we investigated was access to the proposed plat. We contemplated an access to the proposed plat from Riverview Terrace. He said this is the safest and most economical route to take. We reviewed proposal with Anoka County, and they suggested that Riverview Terrace provide the access to plat so the traffic from the area could make use of the signal at 71st and East River Road. With this first assumption we then investigated the existing right-of-way in that proposed access Along the South side of Mississippi View Addition and along the various lots 34, 31 and 32, there is a 9 foot public right-of-way. Together with this 9 foot public right-of-way there is an existing 9 foot street ease-, ment, basically, ad�acent to lot 30, which is Riverview School. And later the development of the plat south of Mississippi View gave the City a public right-ofi-way in the amount of 30 feet south cf 9 foot right-of-way. Just off Riverview Terrace, there is a 39 foot public r7ght-of-way In a discussion with the school board, they indicated an �ntent to cooperate w�th the City in the acqu�sition af any addtt�onal easement the City might need. With this understandtng an appropriate agreement could be reached whereby they could receive credit for existing water and sewer lines whrch were put in 6y the schooi. Against lot 31 there is a dedication of 25 feet Mr Henr7ksen's acquisition of the property wouTd give us an additional 25 feet of access into the plat on the east side of the property line of lots 31 and 34 Against lot 34 there does exist a 19 foot private easement. The City Attorney indicated at the present time this portion of the property could not be used for building site, therefore, he would be willing to reach some agreement in giving us necessary access. Two possible street construction methods were investigated. One was to surface drain water out to R9verview Terrace and pick up the water by storm sewer existing and; two is basically follow the existing terraine of the existing property and that would necessitate the need for storm sewer construction from existing storm sewer to the low point in the access route. The storm sewer construction allows for less �mpact on the existing properties of Riverview Terrace. The surface drain constr� tion would result in a greater impact on the properties of Riverview Terrace. The surface drain construction would result in a cut between 4 to 6 feet along existing properties. Th�s cut would necessitate retaining walls. At this point, we have learned from the property owners that the retain7ng walls would not be adequate and they would not want to see th�s type of �mpact. The surface drain street improvement cost is approximately 3,000. Assessment foot-wise would be $17 to $19 per foot With the storm sewer trying to m�nimize the tmpact in the area, we are talking approximately $56,000, which includes storm sewer system. Foot- wise, this �s in the order of $21 to $23 per foot. If you take total improvements of the street and sewer and water, we are talking about $4,500 to $5,000 per lot Mr Henriksen said he had a question on the road width of 30 feet. He wanted to know if this can be made 25 feet. There are 100 foot lots to build on and the City set-back is 35 feet from the lot. By the time he would get a house on the lot, he would only have 2G feet of back yard. He wanted to know if it would be �iarrowed down, and then a house could 6e 6uilt for $15,000 more in cost. If we do not go that way, we will have to build homes under $40,000, The City Manager said that he thinks before we proceed any more the property owner should know the potential lot assessment. At that stage, the people of the area would want to know if they want to restrict their ' property or to develop it more. The question is - what it is go�ng to be cost�ng and how will we deal with the school. We have general indica- tion and will have to sit down and look at them and know what the assess- ments will be. Mr. Henriksen asked if they will be able to get $10,000 out of the lots He said that if they could get more depth to the lots, they would. Tt would make the lots more desirable and have more back yard. The widths of 100 to 65' are fine, but when the people would step out of their patio doors, and take two steps, they would run �nto a fence, and this does not make the houses very desirable. Councrlman Starwalt asked Mr. Novak, a resident in the area, �f it would be his intent to split. REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 J17 PAGE 7 Mr. Novac said that they could not split because of the way the house is situated He said they could only get one home on the other lot, but they could not split and put 2homes on it. Mr. Novac further stated that Mr. Henriksen was out to look at che lots and sa�d there is no way we could have 2 lots. He said he is willing to pay assessments like anyone else, but he will pay assessments for 2 lots and not 3 lots. P"r Novak told Mr. Henricksen that �f he would pay his assessment costs on the present property he could have his lots for the assessnient cos�s. � Mayor Nee asked if he wanted one parcel, and M6�. Novac repl�ad yes. Mr. Henriksen said if they wauld t�ke lots and divicle them �nto 2 lots and b:nld homes, they would end up with cracker-boxes. He sa�� ne wou'd l�l:e i,o b�n�d �ne home and make it more desirable. Mr Sangster said he thought that to split his lot or Mr. Novac's w�uld 5e very ob,7ectionable. As far as the street is concerned, he said he is a firm believer in the Riverroad Flccess because he does not th�nk i* is any wurse th�n many other streets. He said he realized there is a safety hazard there t"at some p�ople feel is important. But he said that a 30 foot roadway with a 6 foot retaining wall vaould make him shutter whPr� i� would come rigi�t up to his property line He felt it would seriously depreciate th� value of hi� pro�erty a�id �ly the time ±he retair,ing wall wauld be put up there would be a se�°ious �roblem of �vh�re to nut the snow, and there woulci be a safety hazard far the chilc'ren ir, the area going to school If the road were put out to Riverview TErrac� to retain th� value of th� pronerti?s, it would be better to route the road on grade with the necessary storm sewers. He said to retain basic undth, tne impact would be �ery sever�, ar� the retaim ng wall be very ob,7ectionable. Mr. Dahlquist addressed the Council, stating t`�at 4e was ir Lot #1 1'e asked if he would be exposed to a poss�ble douule assessment fcr that stcrm s�wer. H� sa�d he is already paying for the storm sewer in the frontaqe of the �ot � The City Manager asked Mr. Dahlquist if all of h�s proper+y I-,ad beer� assessed 6efor2. Mr. Dahlquist replied "yes". The City Manager said that they really did not know that He said that they have some information, but that they would have to check into that. He explained that they are getting into the finer details and zhat they would have that information when they have a Pro,7ect Hearing. It depends on what type of system we will put in, as far as who will be assessed at�d who wiil not bc assessecL After the Pro7ert Hearin9 we will know what kind of costs we are talking about. Right now we are giving a ball-park figure. Mr. Dahlqu�st stated Lhac his �l cf�oice wnuld be acress on East P.iver Road �� said he did not know if tnat had been thorouqhly exqlored, but he !�eeps he�ring comment� about the fact that it is undesira6le. He further exp?a��ned �.hat I�is secc�nd choice would be to minimize the impact on his property He said that this is a s�tuation where we have a 39 foot easement, and he avould gu2ss t"at about 20 fQe* of that is on on� side of his yard. He said �he impact or h�s pr°opzrtv is very significar,t, and that the 30 faoL roadevay w�uld be approximatel_y E fe^t away irom their deck Also, he would stand to lose 2 ma�or trees which happen to be very much �, part of the house. He said there is nothing he was going to gain. He cannot split his property, and tt�e thought of puciing anather ?5,OD0 in ts�e house ;s �ust a losing proposition. He said 'ne woulc� b2 better orf' scl�ing it im�ediately. � MOTION by Councilman Fitzpatrick to concur vrith the Pianning Commission's re- commendation, and requested Administration to do a detailed cost study; with access onto Riverview Terrace to be no wider than 25 feet; th° i"OdCIWdy in th� plat will be reduce� from 50 feet to 40 feet and th� roadway between P1r Dahlquis�'s and Mr. Sangster's homes will be at pres�nt grade le�el tivith no de�ressiar. Storm sewer construction should be included. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Nee dec7ared th�e metion carried uran�mously. �7� REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 24, 1975 1 CONSIDERATION OF APPEALS COMMISSION MINUTES OF SEPTEMBER 6, 1975 A. KURT MANUFACTURING COMPANY, 5280 MAIN STREET The Public Works Director explained that this was a request for a variance for an increase from max�mum lot coverage from 40% to 47%, to allow for the construction of an add�tion to the existin9 bu�lding. He said it should be noted that the Appeals Commission recommended approval of the request, with the understanding that, if possible, they would try to work out addttional green area on the exist�ng �?reperty. Concern was expressed by the Appeals Commission that there would be a reduction in the parking space. The Pu61ic Works �irector explained that presently they need 100 to 104 park�ng stalls. They would have excess of what they need. PAGE 8 Mr Kuban, President of Kurt Manufacturin9 Company was present and he said that there �s room for 162 cars. In the new addition, it will be 125. Presently, there are 124 cars on the premises, This will depreciate because of smaller cars and reople car-pooling with the higher gas prices. He said there is no problem going into the Northeast area at all, as far as the green is concerned. Counc�lman F�tz�*atrick asked what would happen the next time they had a need for expansion, as theoretically, there was not enough room now. Mr. Kuban replied they did not have any more room left for further expansion and that they would have to go to another site if there would be a further need� He said they were only trying to solve the immediate problem. 1 MOTION by Councilman Fitzpatrick to concur wiih the Appeals Commission io approve � request for a variance, withl he understanding that the Council would prefer him to retain as much nf the green area as possible. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. MR. W. FRIDAY, 6660 HICKORY ST. N. E. Action was taken at previous Council Meeting of September 22, 7975 C. MR. E. ISRAELSON, JR. 1631 CAMELOT LANE The Public Works Director expla�ned that this was a request for a variance to reduce the required front yard setback from 35 feet to 2$.8 feet to allow the completion of a dwelling at 1631 Camelot Lane. Reference was made that the reason for this request was the result of an error made by the builder in measuring from the property line to proposed construction, which reduced the front yard setback The Appeals Commission recommended approval of this variance. Councilman Starwalt sa�d that he reviewed the site and talked wlth the parties involved. He said that he came to the conclusion that the mistake was not inten- tional and that it would not happen again. Also, that construction had been stoppped until the matter could be solved. MOTION by CounciTman Starwalt to concur with the Appeals Commission to approve variance. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt brought up the fact that he knew of another state that charged a penalty in the case of a mistake. Some mistakes are intentional and some are not, he fe7t that if we would have a penalty there be a provision whereby �t could be waived as in this case. Councilman Fitzpatrick sa�d he thought this could be quite an impact on the rest of the homes on the street. , The Public Works Director said he ha��+ talked with a number of people and the developer and they thought they could develop a type home that would fit in with the setback by extending �ust the garage, as in an L-shaped type home. ' � � � REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 Mayor Nee po�nted out that we should be prepared for possible variances all along this street. He also said that he was disappointed when he read in the Commissions minutes that they seemed to think that the City was negligent in not checking the setback. He said that unless we are going to charge a permannent fee to survey the lot, he does not know how they expect our Building Inspectors to catch this. Mayor Nee said we have a motion to concur with the Planning Commission, but the question is what do we do about it the next t�me. The City Manager said he thought there were code provisions for penalties, and he would like to check into that and come back to the Council and see what we could do. �. CARTER DAY COMPANY, 5D0 73RD AVE ��� PAGE 9 The Public Works Director explained that the Carter Day Company had previously approached the City for an office 6uilding, presently existing approximately at the location of 500 73rd Ave. and h4elody �rive, with the stipulation at that time, for the installation of a poured concrete curbing. At this time they would like to waive a portion of this curbing that is along the South side. He said after having conversations with Carter Day Company, it appears there were problems with the sub-contractors. The Carter Day Company said they would install the required curbing on everything that is existing plus everything that is new, but they would like a variance on the section of curbing that �s along the existin9 parking lot that is along the south side of the structure The problem is that the grass and the first floor elevation of the building are at the same elevation. If the curbing were installed it would trap water which in turn would go into the building. The City Manager asked what would be between the driveway and the building. The Public Works Director said there would be grass there, but he did not know about trees or shrubbery. The City Manager asked what the dimensions were in this area. The Public Works Director said he would guess about 8 to 10 feet. He said there is a driveway entrance to the parking lot and cars will not be parking up ad�acent to the building on the south side. MOTION by Councilman Breider, seconded by Counci1woman Kukowski to approve the variance to Uraive the installation of curbing along existing parking lot that is along the south side of the structure Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously 2. UILINIS VILINSKIS, 7355 HWY. #65 SPECIAL USE PERMIT, SP #75-24 The Public Works �irector explained that this was a request to allow the expansion of the Mobile Home Sales Lot, to include all of 1ot 3, Block l, Central View Manor and 2nd Addition. Rt the Planning Commission Meeting of September 4, they recommended Council to approve this request for a Special Use Permit. Mr Christiansen was present to represent the petitioner. Councilman Starwalt asked Mr Chr�stiansen what type of fencing they plan to �nstall Mr Christiansen explained that this is one of the things they wished to talk about. They wanted to know what type of fencing was required to meet the fencing stipula- tions_ He said they would prefer to put up a chain link fence because of the ma�n- tenance. He said that there was some concern by the petitioner of putting all of the fence up at one time. They would like permission to put the fence up �ust where it abuts the residential ,oroperty immediately and complete the fence at a later date. Councilman Starwalt commented that his preference would also 6e a chain link fence as it would discourage chi7dren from climbing on it. He also asked if there were any other items to be dtscussed at thts time t �:i REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 PAGE 10 Mr. Christiansen said that Mr. Vilinski had a question regarding an Ordinance that stated a sign must be 25 feet from the ground and no more than 100 sq. ft. inside. He wanted to know if that was from the top of the sign or the bottom of the sign. He said if they go up 25 feet to the top, the sign would not be seen from the North as they are set in a hole. The City Manager said that it was 25 feet from the top and the one thing that they could do is bulld up the ground. Mr. Christiansen explained that they were ' talking about 50 feet. She Public Works Director suggested they cotne back again with this request as it would require other action. Mr. Christiansen said the stipulation of the black-topping being completed by April l, was no problem. He would post bond and their intention was to complete this in about two weeks from this date. He asked if they could obtain a permit and go ahead and put up the sign as long as it complied with the Ordinance require- ments. The Publlc Works Director said that it would be alright as long as rt complied with all of the requirements. MOTION by Councilman Starwalt, seconded by Councilwoman Kukowska, to concur with the Planning Commission and approve request for a Special Use Permit. Mayor Nee added this would be a lot extension of 15 feet and they would use a chain link fence. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. WIN SmEPHENS DATSUN NORTH, 7810 UNIVERSITY SPECIAL USE PERMIT SP I�75-25 The Public Works Director said the Planning Commission recommended consideration of approval sub�ect to approval of the lot split. ' 4. WIN STEPHENS DATSUN NORTH, 7810 UNIVERSITY LOT SPLIT, L. 5. #75-07 The Public Works Director explained that this request was to split off the North 100 feet of the East 200 feet of Lot 2, Block 2, East Ranch Estates, 2nd Addition to allow for the expansion of a new and used car lot. The general location being South of 79th and West of University. The reason for this lot split was because of an extension of existing property at 7810 University Ave. The Planning Commission recommended approval with the stipulation that the easements that pxesently exist on Lots 3 and i� provide access the back parcels hy extending to Lot 2. Councilman Sreider asked what the lot split was, The Public Works ➢irector said that the actual lot split was North 100 feet of last 200 feet of Lot 2- a previous lot that was acquired. He said at the pre- sent time there is a 33 foot easement along the South lzne of Lot 4, and a 30 foot easement across the back property line on 2 lots. MOTION by Councilman Breidera seconded by Councilwoman Kukowski, to concur with the Planning Commzssion to approve variance for Lot Split with stipulations that lots 2 and 3 be combined into one parcel and an appropriate easement be dedicated in ' the corner on the Northwest side, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried vnanim�usly. MOTION by Councilman Breider to approve request for a Special Use Permit. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayot Nee declared the motion carried unanimously � � REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 5. HCI_IDAY VILLAGE hORTH, 25f1 57TH AVE. MOTION by Councilman Fitzpatrick, seconded 6y Councilman Breider to set a Public Hearing for November 10, 1975. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. 6. BAYER'S LAKESIDE, 2ND ADDITION, BY RUDY BAYER �.� � PAGE 11 MOTION by Councilman Fitzpatrick, seconded by Councilwoman Kukowski, to set a Pu61}c Hearing for October 20, 1975. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimousl�. 7 i�R. D. 3R�NKOW, 57R0 2z ST. N. E. LOT APEA VARIP,NCE The PUblic Works D�rector explained that this was a request for a variance to reduce the lot area from 10,000 sq ft. to 9,781 sq. ft to allow const�ruction of a 2-family dwelling to be located on Lot l, and the North 24 feet of Lot 2, Block 26, Hyde Park. The Planning Commission recommerids approval of this request This location abuts an 8-plex apartment building and there is no way any additional property can be obtained. MOTION by Louncilman Breider to concur with the Planning Commission for approval of variance. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unar�imously. REGESS. Nayor Nee called a recess at 11:35 P.M. RECONVEiVED : Mayor Nee reconvened the meeting at 11:45 P.M, RECEIUING THE MINUTES OF THE CHARTER COP9P4ISSION M�ETING OF SEPTEMBER 16, 1975 MOTION by Councilman Starwalt to adopt the minutes of the Charter Commtssion Meeting of September lo, 1975. Seconded by Councilinan Breider. Upon a voice vote, all voting aye, Mayor Plee declared the �notion carried unanimously, RECEIVING LETTEft FROM FRANK'S TREE REfNOVAL SERVICE Councilman Starwalt stated that a letter from Frank's Tree Removal Servic� had been delivered to him home that morning Mr Frank Szyanski had promised to be at the Council Meeting ton�ght, but he was not present. Mayor Nee said that he had asked Dan Huff to be at the meeting also, and we could call on him ior an explanation of the d3sposition of the tree removal program. Mr. Huff said that they were finishing up the year with about 50 trees Yo still be removed. We were contemplating a more permanent type of contract, but in the meantime we accumulated these 50 trees, so we had to contract these out right away As we were obtaining quotes, we decided to get quotes on a precise bas�s. We did not have ±ime to yo into advertising for a permanent contractor. LJe will look into this for next year. � The only drawback we could see with a permanent contractor is that the contractors could be negative unless we had an escape clause in it. The one contractor we contacted in Fridley has several contracts in several cities, and if a tree disease hits a lot of trees at once, they would not be able to have all of the trees down in 10 days, so they woul� tiaant an escape clause. The otner problem �s the changing prices. There are alternatives in gotng both ways. The thing we would want to do is find a good contractor and stay with him. � _, � l� /+ REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 PAGE 12 Mayor Nee asked, in regard to the State subsidy, coordinated with the City for the tree removal program, is it correct that it shall not exceed 50% of cost removal or shall not exceed $50.00 and shall not exceed local subs�dy. The City Manager said the local subsidy will be 50%. The property owner will not pay anything. Mr. Huff confirmed that the maximum the State would pay would be $50.00 per tree and no more than 25% of the total cost. He further expTa�ned that we could stili assess tfie property owner. If we had a 25% subsidy and the State 25% su6sidy that matched ours, and 50% was left, we would do the work and assess that other 50% to the owner, plus administrative costs. A good proximity to total work done in Fridley this year is $100,000. If we want to go to a subsidy next year, we have to estimate $25,000 because if we do not provide enough subsidy, then we would have to come back and get money from the contingency fund. We would have to make it available to people whether it would be in the first part of the year or the last part of the year. No further action was taken regarding the tree removal program at this time. REQUEST BY DON SAVELKOUL FOR EXTENSION OF TIME ON ISSUANCE OF LIQUOR LICENSE. Dan Savelkoul was present and explained his request for an extension was to allow them more time to work out a program that would be within their pocket. After ���:F.eiving bids and estimates, the original program w�+s not within thetr means, and they would have to adopt another approach. He said they are not sitting on the project, and are doing things in the spir�t of the Resolution, and are up-grading the landscap�ng. He further explained they were also making improvements within the establishment, and these are al7 ,7ustifiable. They have spent $10,000 in this respect. MOTION 6y Councilman Starwalt to approve request for an extension of time on issuance of liquor license. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RESOLUTION #187-1975 - A CONSIDFRATION UF A RESOLUTION CERTIFYING TAX LEVY REC'UIREMENTS FOR 1976 TO THE COUNTY OF ANOKA FOR COLLECTION. MOTION by CounciTman Breider to adopt Re,olution �i187. Seconded by Council,�;oman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. RESOLUTION #188-1975 - CONSIDERATION OF A RESOLUTION SETTING AN ELECTION FOR COUNCIL MEMBERS IN WARD 1 AND WARD 111. MOTION by Councilman Breider to adopt Resolution #188. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION #789-1975 - CONSIDERATIDN OF A RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTI N JUDGES FOR THE NOVEMBER 4. 1975 GENERAL ELECTION. MOTION by Councilwoman Kukowsk� to adopt Resolution #189-1975, secondad by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Plee declared the mot�on carried unanimously. RESOLUTION #190-1975 - CONSIDERATION OF A RESOLUTION CERTIFYING DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH TiIE 1976 TAXES. MOTION by Councilman Breider to adopt Resolution #190-1975, seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � 1 J ' ' � ' �( I � r, - r- � REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 PAGE 13 Councilman Breider noted that one parcel has a$15,OD0 bill against �t and asked if any money was received. The Finance Director explained that this was a Trailer Park that was delinquent and said that they have a tremer.dous �i11 each year. Mayor Nee asked if we assess them every year. The Finance �irector said these were bills run up in the last year paying and he would guess this is about a six month bill. Mayor Nee asked if there was a 10% penalty. They have been The Finance Director explained there was a l0o penalty He further expla�ned that the certification does not contain any bllls more than one year old 6ecause they were certified a year ago. They pay direct to the City here, or they are paying on their tax bill. He said that the total delinquent accounts have not been a problem in the past. Councilman Breider asked how long it would take to get this $15,000. The Finance Director said we would receive the f�rst half n�xL June. It w�ll be put on next years bill, and there would be a 10% penalty on all four quarters MOTION by Councilwoman Kukowski to adopt Resolution #190-1975, Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed una m mously. RESOLUTION #191-1975 - CONSIDERATION OF A RES�LUTION CERTIFYING CHARGES TO THE UN Y U�IT R T BE LE IED INS CERT IN PROPERTIES FOR C L EC ION WITH THE TAXES PAYABLE 1N 1975 WEEDS . MOTION by Councilman Fitzpatrick to adopt Resolution. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried una m mously. RESOLU7ION #192-1975 - CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING � The Finance Director said there were changes to be made �n ihe contract on Page 23Y (32.1) - change 40¢ per quarter credit to 50¢ per quarter credit. Page 232 (Sec. 3�.2) - change 40¢ per quarter credit to 50¢ per quarter credit. The City Manager said Article XXV Holidays, p. 23V was deleted. MDTION by Counc�lwoman Kukowski to adopt Resolution. Seconded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS MOTION by Councilman Fitzpatrick to approve the Cla�ms. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I I 1 ���� REGULAR COUNCIL MEETING OF OCTOBER 6, 1975 LTCENSES: PAGE 14 MOTION by Councilman Fitzpatrick to approve licenses. Seconded by Co��nc�lwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION 6y Councilman Fitzpatrick to ad�ourn the meeting. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Regular Meeting of the Fridley City Council of October 6, 1975 ad,7ourned at 12:35 A,M. �;v:�_���� �������� !y� Helen Fagin Secretary to the City Council Date Adopted ��- 3-� 5 �����' �� William J. ee Mayor � � �