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04/05/1976 - 5446JANET KONZAK ADMINTSTRATTVE.ASSISTANT REGULAR COUNC I L b�1EETT NG APRIL 5, 1976 l �j � ; _ ._ _ __ �� ,' �� I — .— i - - ---. ,� � , I', " . . THE MINUTES �F TNE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 5, 1976 '� ' The regular meeting of the Fridley City Council was called to order on April 5, 1976, } by Mayor Nee at 7:30 P.M. • PLEDGE OF ALLEGIANCE• ! i � , �. � , � Mayor Nee welcomed those present and invited them to join the Council in the Pledge of Allegiance to the Flag. . ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Starwalt, Cou�cilman Hamernik, Mayor Nee and Councilman Fitzpatrick MEMBERS ABSENT: None ' APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 23, 1976: MOTION by Cauncilwoman Kukowski to adopt the minutes of February 23, 1976, as submitted. Seconded by Councilman StarwaTt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' REGULAR MEETING, MARCH 1, 1976: M07ION by Councilwoman Kukawski to adopt the minutes of the regular r��eeting of March 1, 1976 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING'MEETING, MARCH 8> 1976: MOTIOK by Councilman Hamernik to adopt the minutes of the meeting of March 8, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, MARCH 15, 1976: M07IOiV by Councilman Fitzpatrick to adopt the minutes of the regular meeting of March 15, 1976 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOP7ION OF A6ENDA: Mayor Nee stated the Item 5 regarding the Union Oil Company rezoning request would be moved up to Item 1 on the agenda if there were no objections. MOTION by Councilman Hamernik to adopt the revised Agenda. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director said it would be in order to add an item to agenda item number 10 regarding Zander's First Addition. The item would be "Receiving the Certification of the Engineer and Accepting the Storm Sewer Involved with the Development of the Zander's First Addition Plat." MOTION by Councilman Hamernik to adopt the amended agenda. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORIlM, VISITORS: RECEIVING PETITION N0. 5-1976, REQUESTING 7HE CITY OF FRIDLEY TO TAKE PROMPT AND ____�_.._ .,..'..... .... .��..� �-��r niu�rn nnin nrrvinnnrr I.ITI � T/1M CDT!'l!Cl1N AT f.�i(1 F� �/ STRFET. Itt5lUtNl;t: Mr. Einar Erickson, 631 Dover Street, appeared before the Councii and read a petition. ' i i � � i , i � . !' � � � � 10 REGULAR MEETING OF APRIL 5, 1976 , PAGE 2 Councilman Hamernik stated that action has been under way by the City. The City � Manager stated that the Council appreciates the concern of the neighbors in ihis - matter and realizes it is a problem. He stated that the City is utilizing all � legal means of trying to eliminate the problem. The party giving rise to the action has been in court and has been fined. A hearing date has been set in June. The � City Manager stated that although the City may seem to have a lot of power, it still , must act through the proper legaT channels, and the City will continue to work on , the problem until it is solved, and he appreciated the concern being shown in this matter. Mr. Einar Erickson replied that the matter has been going on for ten years. There is an ordinance in Fridley concerning junk yards operating without a permit; further, there is a parking ordinance concerning the City streets and these trucks have been parked there every day. He has never moved them. The City Manager replied that the City has made citations in the matter, and the City is going through a legal process on the matter, and although the judqe fined the violator, the violator is reverting to the same kind of violations and those factors will be taken into consideration. The City Manager said the City is being sued by ". the violator in this matter on the basis of harassment. We are using every legal means to take care of tfiis matter. Mr. Einar Erickson stated that the City has a responsibility by allowing the open display of junk on the bou]evards and streets. The City Manager replied that the City is taking all the ]egal means it has to get the problem under control. A member of the audience asked what would happen if the judge didn't react against him. Ne said that to him it was a junk yard, a legal junk yard. He asked if they would get a tax reduction for living in an industriai area. The City Manager replied ! that if it can be proven that the property has been devaluated in that manner, a case could be made for that. The City Attorney stated that perhaps the City Manager or the City Prosecuting . Attorney should notify the people whose names are on the petition and ask all of them, or at least some of them, to appear in court when the inatter is heard, and this would have some weight as far as the judge is concerned. � Councilman Hamernik queried if the matter might be investigated on the basis of conducting a commercial operation in a residential area. The City Manager replied that there have been several violation charges lodged in the mattern, and the pictures Mr. Erickson has presented will be of great help to a judge. The City Attorney suggested that the case might be advanced. There may be violations of the City code by the conducting of a commercial business in a residential area. Mayor Nee cailed for further comments or questions to be directed to the Council, but there was no response. OLD i3USINESS: � ( � 1 i i , e � ' 0. 609 - CONSIDERATICN OF AN ORDINANCE FOR REZONING REQUEST, ZONING _ nnrninnnrni�' �nn u�F_n� Rv iiNrnn� nT� C(1MPANY: 5645� HACKMANN AVENUE N.E. � � i CONSIDERATION OF SPECIAL USE PERMIT REQUEST, SP #75-28, UNION OIL COMPANY, 5695 HACKMANIV AVENUE N.E. TQ CONTINUE EXISTING SERVICE S7ATION: ' �The Public Works Director said this was a request to rezone a parcel in the south- east corner of Old Central Avenue and Hathaway Lane because of the existence of a service station in that area. At the present time the use of the property is not � consistent with the C-1S zoning, and the request is to,change it to G 2. On its , first reading there were basically no objections. There was some objection based � on the potential use of the property. The City now has the easements and the stipulations in that regard have been met. The Public Works Director stated that he recomnends the ordinance be adopted and publication ordered. The Public Works Director said that with respect to the Special Use Permit, the Planning Conqnission recomn�ended approval of it at its December 3, 1975 meeting with three stipul�tions: The first stipulation is that the Special Use Permit be � subject to an annua] review to insure that the business was beinq operated in a clean, neat and orderly manner. The second stipulation was that within a two year _� ' � i ' � � e � � � j � \ .� � , - , � � � ' . � i , . - _ _----- - --- = - _ _ _ _ _.. _. _ __ _ _---- -- i� REGULAR MEETING OF APRIL 5, 1976 _ PAGE 3 period the operation of the business be upgraded through remodeling of the grounds or the remodeling of the structure. The third stipulation is that when a building permit is issued the Special Use Permit be reviewed to insure the operation of the business is satisfactory. The Public Works Director stated that the petitioner has agreed to these stipulations, and we feel it is in order to approve the Special Use permit and Mr. Hubbard is present. I MOTION by Councilman Starwalt to adopt Ordinance No. 609 on second reading, waive the reading, and order publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counclman Starwalt to approve the Special Use Permit. Seconded by Council- man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION Of AWARD OF CONTRACT FOR SEWER, WATER AND STORM SEWER I ; --- ', The City Manager stated there was a problem of assessments on certain properties, a question on the street assessments. The people along the Riverview Terrace fe1t that the benefits were not there; that the property was not receiving any benefits by the improvements. We have prepared a proposal which basically is based on front ; yard basis. There are no side yard assessments proposed in this proposal. We want to emphasize that this is a deviation from the normal policy. If the Gouncil feels ' that because of the special nature of the property that special consideration be given, then the front yard assessment only proposal can be considered by them. We have signed agreements from Mr.Hendrickson, Mr. Novak, and School District 14, � and a petiiion from all of the remaining property owners. � A member of the audience inquired why her assessment was $2,000 more than anticipated, and the City Mananer ?xplained that the assessments were the same for the same improvements of the others in the area, for the same type and range of improvements, and he went on to explain her assessments in relation to the others in her area that were getting the same improvements. Mayor Nee inquired if there are any real objections to this. Councilman Hamernik replied that we have a signed petition or an agreement by every individual involved in the assessment on this basis, and unless there is a r�consideration on the part of anybody here> and we have tnat agreement. Mayor Nee asked that before the Council proceeds if they wanted to make a commitment for using this as a format for the project? Councilman Hamernik said that he thought the formula had been worked out and that it had been agreed to by the people involved. Councilman Hamernik said that we have been through this many, many times, and we have reached the point where the people directly involved in the construction have agreed that they are the beneficiaries of the project> and that he certainly didn't mean to have reservations on the agreement. Councilman Starwalt said he recognized that they wanted the project, but he is not 5ure that they would agree that they are the total beneficiaries. The City Manager stated this has been a difficult project and it has been brought before the Gity not only this year�but in previous years. He said that some of the questions being discussed now have been discussed numerous times before. The City Manager further stated we have an agreement with the school district where we feel the school district is paying a fair share of the cost of the program even_though they feel they are not getting any improvements. The Public Works Director stated that the school district was not in favor of the project, but they have cooperated during this whole time and they have indicated that since we have the resolution that everything is fi ne. � Various members of the audience asked questions about the front footage, costs, road access, and why some of the assessments were different, and on what basis they were calculated differently. , Mayor Nee replied that they are using the shortest side of your lot for calculations; that it is the formula. �" � ;� � 1� ;`L�` ' I REGULAR MEETING OF APRIL 5, 1976 PAGE 4 MOTION by Councilman Hamernik that the formula be adopted for the project and that the contract be awarded to Peter Lametti Construction, Inc. in the amount of $43,814.05. Seconded by Councilwoman Kukowski. Upon a roll call vote, Council Members Fitzpatrick> Hamernik, Kukowski and Mayor Nee voting aye, Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to one. Following are the bids as submitted for Sewer and Water Project #119: .. � Planholder Bid Deposit Lump Sum Bid i Northdale Construction Com t 269 Peninsala Road 5% $52,965.50 Minneapoiis, Minnesota Frank F. Jedlicki Sewer & Water Contractor . 5% $45,274.00 4621 Twin Haven Road Minnetonka, Mi-neosta 55343 Erwin Montgomery Construction Co., Inc. 5% $55,844.45 10883 - 89th Avenue N. Osseo, Minnesota 55369 Bianconi Construction Co. 5� $53,098.00 986 Bayard Avenue St. Paul, Minnesota 55102 Arcon Construction Co. 903 E. Forest Street 10% $55,028.90 Mora, Minnesota 55051 American Contracting Corp. 1540 Yellowbrick Road 5% $48,837.76 Coon Rapids, Minnesota G. L. Contracting P.O. Box 340 5% $57,534.40 Hopkins, Minnesota Peter Lametti Construction, Inc. 615 Drake Street 5� $43,8T4.05 St. Paul, Minnesota 557D2 RECEIVING PETTTIONS_#1-1976, #Z-1976, #3-1976, AND #4-1976 ALL REOUESIN6 SFWER_ MOTION by Councilman Starwalt to receive Petitions #1-1976, #2-1976, #3-1976 and #4-1976 and the Letters of Understanding. Seconded by Councilwoman Kukowski. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SU6DIVISION P.S. #75-02, BY LEIF HENRIKSEN, The Public Works Director stated that the Planning Commissi'on recommended approval at their public hearing with two stipulations: One, that the right-of-way be forty-(40) feet wide, and two, that the set-back be thirty (30) feet. MOTION by Councilman Hamernik to adopt the plat with the two stipuTations of forty foot right-of-way and thirty foot setback. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 608 - CONSiDFRATTON OF AN nRnrNnracF Ff1R RF7(1FdiN� nGnn�c-r �nniTtir_ CONSIDERATION QF SPECIAL USE PERMIT SP #75-29, LEROY HALUPTZOK, I240-73i- AVENUE N.E.: The Public Works Director stated that it would be in order to adopt the ordinance on � � ,1 , 0 i • ;� 0 ` ,}; � � ' ' ' ' � � i �� 1 ; ; � REGULAR MEETING OF APRIL 5, 1976 �� PAGE 5 second reading and order publication together with the special use permit. There was some concern in that the Planning Commission and the Council did not want a continuation of a junk yard operation in the area, and with that in mind, these stipulations were drawn up, and the items have been talked over with the petitioner, and he has agreed to the stipulations outlined in the agenda, We recommend approval of the special use permit. Mr. Bell, the Attorney, is here to answer any questions. MOTION by Councilman Starwalt to adopt Ordinance No. 608 on second reading, waiving the reading, and ordering publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to approve the Special Use Permit. Seconded by Councilwoman Kukowski. Upon query by Councilman Starwalt, Attorney Bell stated that although he had not seen the agreement, his client had read it to him over the tele- hone, and it was substantially in the same form. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING Of AN ORDINANCE AMEN6ING CHAPTER 115 OF THE FRIDLEY CTTY CODE ENTITLED SWIMMIPdG POOLS AND REPEALING PRIOR CHAPTER 115 TABLED 12/15/75)• The Public Works Oirector stated that after receiving input from the staff, from the swimm�ng pool peopl�, and in the conference meeting, the proposed ordinance has been prepared as noted in the agenda. There were two concerns. The first was the fencing around the swimining pool. It is recommended that the height be increased from four to six feet, based on the Planning Commission recommendations. Further that cyclone fencing be permitted and that the entrance of children by means of hand or foot- holds on the fence so as to climb over it be prevented. It is the intention of the sta�{ to basically insure that toddlers and children through the ages of 3, 4, and `.; F:.:� prevented from getting into the swimming pool. The situation was reviewed wit'� _:� State Health Department, and it is their basic policy to allow cyclone fenci?-° The Public Works Director furt'. stated that at the conference meeting there was a discussion about the maximum wi�;:.; of drain grate openings to be one-half inch. The State has changed their regulatiuns to one-half inch because of concern for fingers getting stuck in the grate. ' Councilman Namernik inquired about the fencing, if it is to include cyclone fencing? The City Attorney stated that there is some concern in this matter; that a suggestion i is that it not be spelled out but that the staff use their best judgment as there may ' be some kinds of cyclone fencing that wou}d be permitted, and other kinds that would , not be permitted. This could be a matter that the staff could consider when an application is made, and the staff can inquire what type is intended and types would be permitted. ' ' ' ' ` '. , � MOTION by Councilman Hamernik that the Ordinance be approved on first reading and the reading be waived. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF ESTABLISHING A NEW CHAPTER 505 OF THE FRIDLEY CITY CODE ENTITLED BICYCLE REGISTRATION AND REPEALIN6 PRIOR CHAPTER 505 - FIRST READING OF ORDIfVANCE: The Public Works Director stated the chan9e was to provide improvement of the enforce- ment of the code. The ordinance outlines the steps and procedures to insure that thase people who ope�°ate bicycles within the bike paths, lanes, and routes are required to follow certain rules and regulations, and it will be a means of providing the police department and other enforcing agencies to insure the proper operation of bicycles within the system. The City Attorney suggested that the measure be passed on the first reading and see what is wrong in it as there seems to be something garbled in it. It does not read right. Cauncilman Hamernik inquired about state legislation in reference to bicycles. - The City Attorney said there are some passed in the last session. The City Manager suqgested that the matter could be adopted and investigate the statutes and then bring it back for a second reading. % 14 ' . , �_ .._ REGULAR MEETING OF APRIL 5, 1976 PAGE 6 MOTION by Councilman Hamernik to adopt the ordinance regarding bicycle registration on first reading, waiving the reading. Seconded by Councilman Starwalt. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES -0F TNE PLANNING COMMISSION MEETING OF MARCH 17, 1976: CONSIDERATION OF APPEALS COMMISSION MINUTES OF MARCH 9, 1976: D. ROTTER, 8100 RUTH STREET: The Public Works Director said this was a request by Mr. Rotter to reduce the front yard setback from 35 feet to 20 feet to al]o�,� the construction of a single family residence at 8100 Ruth Street. The request is to allow construction adjacent to the creek which meanders through the property and without a variance the property can only be developed at a great expense, it would work a hardship on the construction of the•home, and would inflict great damage to the property. The Public Works Director outlined by means of a projection the problems �ncurred �:nd what �•;o�ild happen to the property depending on which setback was used. The code requires that the house line be 35 feet back from the street property line. In this case the house would be too close to the creek and require extensive foundation at the rear. The City would work with him and see if we could get it at 22, or 25, or place the house in a different position to reduce the amount of foundation work. The Appeals Commission did recommend approval of the request and it should be noted there were objections from the neighbors, which is why it is before the Council. Mr. Rotter is here to present his request and to answer questions the Council mighi have. Councilman Fitzpatrick said that he had read all of the minutes of the Board of Appeals and the application and he does not have any questions that were . not considered there. ± Mr. Rotter said that the difficulties in relation to the neighbors was just to the property line. He said that the way the property.falls there is not. too much property to work with, and in some posiiions the placement would lead to the flooding of low spots in the back yard. He would like to provide some kind of a retaining wall to prevent erosion. He said that 35 feet would bring the footings below the bed of the creek. Councilman Fitzpatrick stated that the 6oard of Appeals approved it by a four to one vote, and the Planning Commission approved it unanimously. Mayor Nee asked about the claim that some neighbors said that Mr. Rotter promised not to build there. Mr. Rotter said that promise was made by a previous owner of the property. MOTION by Councilman Fitzpatrick to concur with the Board of Appeals and the Planning Commission and grant the variance. Seconded by Counci]woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PLYWOOD MINMESOTA, SPECIAL USE PERMIT REQUEST SP #76-02, 5301 EAST RIVER ROAD: The Public Works Director stated that the intent of the sign is not for __.� advertising. It is for the information of customers to know where the entrance � to the commercial establishment is. There was quite a discussion in the Planning � Commission regarding the traffic situation relative to the placement of the sign as there is something wrong with the location of the sign. With the development of the industrial park it is hoped that all traffic could be directed to 51st Avenue. We are asking for signalization here. There is a possibility that the intersection might be ciosed depending on what the future traffic situation provides. The Planning Commission recommended approval with the stipulation that this Special Use Permit might only be allowed to continue until the development of the property. I guess that is what we are saying. We are recommending approval for the location of the billboard at that location. ,\ � � \ � � ' I' ' , � ' REGUL'AR MEETING OF APRIL 5, 1976 _._�_- ---. _. _. __, . ;� �� ' � PAGE 7 , The City Manager stated that there is a letter of understanding from the parties to these stipulations. Mr. Seeger said that all they are looking for is a means of directing people in and out of the property in a safe manner. At present the people are making a suicide turn there. Names will be added at no expense. As other entrances to the park become established, we will take the names off and gradually take the sign down or rernove it. The City Manager said that he concurs and that he only wants to be sure that this is only an interim solution. The Public Works Director expanded on the dangers emanating fro�n the location of the sign. Discussian ensued concerning the stipu- lations> and the matter of a variance from the metal structures code was mentioned. i, , MOTION by Councilman Fitzpatrick to approve the Special Use Permit with the following stipulations: (1) The Speciai Use Permit be review annually; (2) A � directional arrow be a part of the sign, (3) The sign would be removed when the property is developed; (4) That any new businesses be included on the sign. And to concur with the Commission to approve the following variances: (1) Sign , to be of wood construction instead of inetal construction; (2) Reduction in setback from residential area from 500 feet to 350 feet; (3) Reduction in setback from street intersection from 500 feet to 50 feet. �' ' , HENfJING NECSON CONSTRUC7ION CO., SPECIAC USE PERf�1IT SP #76-04, DUPLEX IN R-1 ZONING LOCATED SOUTH OF 71ST WAY AfdD WEST OF EAS7 RIVER ROAD: r The Director of Public Works stated that there a�as a good deal of objection at �' the Planning Commission. The Planning Commission recommended denial. That first of all the property was not compatible with the neighborhood, the petitioner was absent from the hearing on his petition, and further, the petitioner stated to , ' the Planning Commission that the double bungalow would not enhance the neighborhood•. i' � The Public Works Director stated that the petitioner was called to inform him � that the item was on the agenda tonight, but he does not seem to be here. The . area is zoned single family, and there is a market for this type and this is , properly zoned. '' MOTIOPJ by Councilman Fitzpatrick to concur with the recommendation of the Planning �' Commission to deny the use of a Special Permit based on the reasons as stated. Councilwoman Kukowski secondetl the motion. Upon a voice vote, all voting aye> ' , Mayor Nee declared the motion carried unanimously: ' LYNDALE TERMINAL COMPANY, SPECIAL USE PERM17 SP. �76-03, GARDEN CEiVTER, 250- 57TH AVENUE N. E. The Public Works Director stated that the garden center had been at this location ; for a long tin}e, and because of a recent rezoning of the property, the staff requested that the garden center make application for a Special Use Permit. The � staff has been working with them for the past eight to ten months and through certain stipulations, performance bond, and landscaping, the property can be brought into conformailce with the existing use> not necessarily apprapriate for the area. They have not received approval as yet, and they will be willing to agree with any reasonable stipulations that the Council may desire to place on them. A concern was the temporary nature of the site, and that over a period , of time there should be some permanent improvements in the area. , �. � �. � i� , � � i+� i The Public Works Director further siated that a stipulation could be that a Special Use Permit might be approved for a period of three years and after that time the Holiday Store should make a decision as to whether. they wanted to continue the garden center, and if so, they should prepare plans of a permanent nature. Another stipulation was that a Special Use Permit be limited to a certain period, say, from April lst to September lst; after that time the area be cleaned out and cleaned up and put into a neat and orderly fashion, and that there be a review to see that the maintenance is being complied with, and that no other storage of materials be in that area after the closing. � The Pub1iG Works Director stated the manager was present and would agree to these stipulations. The Manager stated he would agree and that the garden center would be closed after the 4th of July. � 1 �- 1 \ �_.._.._. �_ _... i V • REGULAR MEETING OF APRIL 5, 1976 PAGE 8 The Public Works Director recommended that.the Special Use Permit be granted � with the stipulations. Councilman Fitzpatrick inquired why a three year Special Use Permit instead of one year`s period. The Public Works Director stated that there was talk of this area of the Holiday property going to a different operation, and that a three year permit wouid allow them to come up with a change in operations or a permanent type of improvement. MOTION by Councilman Fitzpatrick that a Special Use Permit be granted for the period in which they expect to be in operation, from April lst through July 15, 1976. Counci]man Starwalt seconded the motion. Councilman Fitzpatrick stated that the kind of permanence on this location in the past is the kind that he wouldn't encourage. It is permanently cluttered. The City Attorney stated that i.f the Council desired to terminate the operation it would be easier to do so if the permit was an annual�one, but on the other hand, there is the question of whether it will be easier adminstratively and for the business person not to have to go through the Corrmission and the Council. That if it is important enough and you want to keep a handle on it year by year, you have sufiicient reason to ask Holiday to make the application on an annual basis. Councilman Fitzpatrick said that there is a tradition of granting long Special Use Permits because of the business involved in terms of money and development, but that this is not the case. The City Manager stated that a three year permit was to give them a chance to make a permanent solution to the problem. Councilman Fitzpatrick stated that if his second a�ould permit it, he would with- draw his motion. Councilman Starwalt agreed. MOTION by Councilman Fitzpatrick to have the Special Use Permit granted for a three year period with the stipulation that it have an annual review and that at the end of the three year period a permanent location be agreed upon, and that from April lst to July 15th of each year it can be in operation> but after that time nothing is to be stored in that area. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. RECEIVI�dG THE MINUTES OF THE POLICE COMMISSION MEETING OF MARCH 16, 1976: MOTION by Councilman Starwalt to receive the minutes of the Po1ice Commission Meeting of March 16, 1976. Seconded by Councilwo+nan Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried. CONSIDERATION OF REI\PPROVAL OF FINAL PLAT SUBDIVISION P,S. #74-06, ZANDER'S FIRST RECEIVIN6 FINAL INSPECTION CERTIFICATION OF STORM SEWER CONSTRUCTION I� ZANDER'S FIRST ADDITION: � � , , The Public Works Director stated the plat had been before the Council before, and the four stipulations attached to it were on page 10-a of the agenda book. These were recommended by the Planning Correnission. One is to provide for an easement for the storm sewer and dedicate the storm sewer to the City, recommending that the City maintain the sewer. That has been completed, and not only has the petitioner j constructed the storm sewer pipe, but he has constructed a swale to drain the s potential shallow water problem in this area, We do have the easements, and this ? is the item we had requested to be added to the agenda. It indicates that the City `' ' has reviewed the construction, and recommends that the storm sewer be accepted. '_ ..� The second item provides for underground utilities and a swale between Lots l and 2, and that is completed. In addition to that we would require, as noted in the certi- fication of the storm sewer> that a one year's maintenance bond be had; and that stipulation has been agreed to by the petitioner, and we would recommend th.at the plat be approved with these stipulations. He said that Mr. Thorson was at the meeting to answer any questions. I�� a l� � � �. I\ II � 1 � . � ' � i ' ' � ' , i ' � ' ' � � ' ' , � ' . � � _ � REGULAR MEETTN6 OF APRIL 5, 1976 . .'____ -"__,. . .I � � i\ ' PAGE 9 MOTION by Councilman Starwalt for approval of the plat with the stipulations as outlined in the agenda. Seconded by Councilwoman Kukawski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director stated that the construction of the storm sewer has been verified, and the department recommends the acceptance of it. MOTION by Councilwoman Kukowski to approve the final inspection certification of storm sewer constructed in Zander's First Addition. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION N0. 31-1976 - A RESOLUTION APPROVING THE APPLICATION FOR A DISEASED : '�OI�AL SUBSIDY PROGf2AM FOR PRTVATF PRf�PFRTV , RESOLUTION N0. 32-1976 - A RESOLUTIOP! AUTHORIZING THE CHANGING OF THE 1976 BUDGET APPROPRIA?IONS WITHIN TIjE GENERAL FUND RESIDENTIAL PROPERTY TREE RE��10VAL SUBSIDY): The City Manager stated there are matching funds available from the State for the removal and disposal of these trees. Using last year's level of disease, the cost would be $9,000, and we have submitted a higher figure. It is submitted on the basis that once ynu make a policy, if the problein is there, ,you can take care of it. The monies would i,e encumbered from the State side. The figure is high, but all'.we are asking the State to do is to commit this kind of nioney. The first item is to have a resolution statiny �hat this is a municipal policy. MOTION by Councilman Fitzpatrick to adopt Resolution No. 31-1976 approving the application for a diseased shade tree removal subsidy program for private property. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 32-1976 authorizing the changing of the 1976 budget appropriations within the general fund. Seconded by Councilman liamernik. Upon a roll call vote, Councilmembers Fitzpatrick, Hamernik and Kukowski and Mayor Nee voting aye, and Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to one. RECEIVING�EIDS AND AWARDIf�!G CONTRHCT -°NOTO COPY EQUIPMENT (BID Of?ENED MNRCH 31, 1976, 71:30 A.M.�}; ` SECURITY WARRANTY TO�IAL COST VENDOR BOf��D BR�1ND MODEL USED/NEW PERIOD PER SPEC. Xerox Corp. Cashiers Check Xerox 7700 Remanu- 90 Days $28,559.49 2II50 Metro Di°ive Northvaestern with - factured Minneapolis, Mn. (�ational Bank 30 bin S.W. $1500 sorter The City Clerk stated that the City would save $42,000> and this is a good solution to the high copyiny costs. The proposal is to pu�°chase the equipment through the public utility fund, and the departments will pay on a per copy basis as now. We can either reduce the cost per copy and take seven years to pay, or keep the cost the same and pay in a little over thi°ee years. P1ayor Nee stated that the resolution should state that the utility fund is to buy the machine and be reimbursed. MOTION by Councilman Fitzpatrick to receive the bid and award the contract to the Xerox Corporation in the amount of �28,559.49. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilmembers Fitzpatrick, Hamernik, Kukowski and Mayor Nee voting a.ye, Gouncilinan Starwalt voting nay, Mayor Nee declared the motion carried four to one. APPOINTh1ENT (CITY EMPLOYEE : MOTION by Councilman Starwalt to approve the following appointment. Seconded by Councilwoman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. EfFECTIVE NAME DATE POSITION SALARY REPLACES Gail R. Skaaden Mar. 29, 1976 Clerk/Typist $567/Month Arlene Smith 6130 Rainbuw Dr. Public Works Fridley, Mn. Department , � ; �, ,-_ __ _. _.._ ----. 18 � � !� � i m � i , REGULAR MEETING OF APRIL 5, 1976 PAGE 10 LICENSES: MOTION by Councilwoman Y.akowski to approve the licenses as submitted and as on file in the office of the City Clerk. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: I MOTION by Councilman Starwalt to approve the claims as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: FRIDLEY RECREATION AND SERVICE COt�1pANY• INTOXICATING LIQUOR LICENSE: The Public Works Director stated that the applicant is actively pursuing the liquor license. MOTIOid by Co.:nciln;an Ha;nernil: to receive the com��mication from nonald C. Savelkoul, dated March 26, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HOLIDRY VILLAGE NORTH: SPECIAL USE PERMIT REQUEST: MOTION by Councilman Hamernik to receive the communication from Holiday Uillage North regarding their garden center dated April ], 1976. Seconded by Councilaaoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Counci]woinan Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote> all voting aye, Mayor• Nee declai°ed th�e meeting adjourned at 10:20 P.f4. Respectfuily submitted, � John Chegwyn Council Secretary Approved: William J. Nee Mayor ,. � � ' °• ' . Q ' � �� J , ' ` MEMO T0: DEPARTMENT HEADS . � Follow�ing are the "ACTIONS NEEDED". Please have your answers back in the . City Manager's office by Wednesday Noon, April 14, 1976. Thank you. ' FRI�LEY-CITY .COUidCIL - REGULak hiE�TIiuti - APRIL �, 1�70 — 7:3� P.l�l, 1 CALLED TO ORDER: 7:34 P.�M. PLEDGE OF ALLEGIAiVCE: � 1 � 1 ROLL CALL: � ' All Present ' APPROVAL OF MIiVUTES: ' REGULAR MEETING, FEBRUARY Z3, 1�7� � ' Approved as submitted � PUBLIC HEARING �`�EETING, I�IARCH 1, I9%C Approved as submitted � � _ REGULAR MEETING, I�IARCH S, 1�76 ' Approved as ubmitted REGULAR �`�EETING, ��ARCH 15, 1976 . � Approved as submitted - ' .' ADOPTIOfV OF AGEfVDA: , Agenda adopted with addition of following item: "Receiving Final Inspection Certification of Storm Sewer Constructed in Zander's First Addtion". ' ' � ' ' � 1 � 1 REGULAR i�EETIiVG, APRIL 5, 1a76 OPEN FORUM, VISITORS: �CONSIDERATTON OF ITEMS NOT ON AGENDA — 15 MINUTES) PAGE 2 Petition presented by Einar Erickson to City Council asking for action in having William Erickson, 650 Ely Street, remove debrie at his address. Signed by 20 people. Petition was received. Case is now in court. �GINEERING � � � � GINEERIN,G i � � OL.D BUS I iVESS : CONSIDERATION OF AWARD OF CONTRACT FOR SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT �119 (TAB�ED MARCN 15, 197b) , , , , , , , , , , , , , , , , , , , , , , Bid awarded to Peter Lametti Construction, Inc. ACTION NEEDED: Notify Company of bid award, but get waier and sewer easements before you do it. RECEIVING PEl'ITIONS #1-1976, #�2-1976, �3-1976 aND �4-1976 A�� REQUESTING SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS IN PROPQSED HENRIKSEN ADDITION �INCLUDES LETTERS OF UNDERSTANDING FROM LEIF HENRIKSEN AND ,ANICE AND bENEDICT i�OVAK), . , � � . � � , • � � � � Petitions were received by the::City Council ACTION NEfDED: File petitions and letters of understanding 0 1-1C 2-ZK ' - . � � � GINEERING � 1 REGULAR i�IEETIiVG, APRIL 5, 1976 PAGE � OLD'BUSIIVESS (CONTINUED) , . CONSIDERATION OF APPROVAL OF FIfVAL PLAT SUBDIVISION P,�S, #75-02, BY LEIF NENRIKSEN, GENERALLY LOCATED WEST OF EAST RIVER ROAD AND SOUTH OF LOGAN PARKWAY �TABLED 2/9/76, 3I15/76) , , , , , , , , , , , , , � , , , , . , , , 3 Final Plat Accepted with two stipulations: 40 foot right-of-way and 30 foot set back ACTION NEEDED: Proceed as authorized CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZON I NG REQUEST, LON I NG ORD I IVANCE AMENDMtNT LOA �t��5-i�T, BY �EROY HALUP7ZOK� FROM �-IS TO I'�I-1, 1240 73� AVENUE N.E, AND CONSIDERATION OF SPECIAL USE PERMIT SP #75-29, LEROY HALUPTZOK, 1240 73� AvENUE ��, E, , , , , , , , , , , , , Ordinance No. 608 adopted, reading waived and publication ordered. Special Use Permit approved with stipulations. NGINEERING ACTION NEEDED: Proceed as au�horized CITY MANAGER ACTION NEEDED: Publish ordinance � r� ,� � � � , �+-4D � . 1 REGULAR MEE�TI�G, APRIL 5, 1976 PAGE 4 i OLD BUSIiVESS (CoNTiNU.ED) CONSIDERATION OF SECOND READING OF AN ORDINANCE , FOR REZONING REQUEST, LONING ORDINANCE AMENDMENT ZOA �%�-O6, BY UNION OIL COMPANY; �b95 HACKMANN AVENUE �N�E� TO REZONE FROM C-IS TO C-� 1 1� GINEERING CITY MANAGER � 1 GINEERING , ' � NGINEERING � � AND CONSIDERA?ION OF SPECIAL USE PERMIT REQUEST, SP #75-1�, UNION OIL COMPANY, 5��5 HACKMANN AVENUE I�� E� TO �ONTINUE E::ISTING �ERVI�E STATION� � � � � � � � � � � � Ordinance No. 609 adopted. Reading waived and publication ordered Special Use permit approved with stipulations and annual review ACTION NEEDED: Proceed as authorized ACTION NEEDED: Publish ordinance ,,5-5F CONSIDERATION OF FIS�ST READING OF AN ORDINANCE AMENDING CHAPTER 11S OF THE FRIDLEY CITY CODE ENTITLED SWIMMING POOLS AND REPEALING PRIOR CHAPTER 115 (TAS�.ED l2/15/7�)� � Ordinance adopted on first reading (reading waived} ACTION NEEDED: Put on agenda of April 19, 1976 for second reading �IEW BUS I iVESS : ,�-6E CONSIDERATION OF ESTABLISHING A I�EW CHAPTER �U� OF THE FRIDLEY CITY CODE ENTITLED �ICYCLE i�EGISTRATION, AND REPEAL I NG PR I OR CHAPTER 5O5 � � � � � � � � � � � � � � � 7 - � G Staff to make amendments befo.re first reading ACTION NEEDED: Make amendments and put on agenda of April 19, 1976 for second reading. Coc�rdinate with Police Department regarding the newly passed State Statutes. 0 � 0 i ' , ' �GINEERING �. , ' GINEERING � � r � _ REGULAR MEETIiVG, APRIL 5, 197� NEW BUS I idESS : . . . _ RECEIVTNG THE MINU7ES OF THE PLANNING COMISSION I`�EET I NG o� �'�ARCH 17, 1976, . , , , , , . , , � , � � � � , 1� CONSIDERATION OF,APPEALS COMMISSIOIV MINUTES OF �'�ARCH 9, 197b D � ROTTER, �II�O RUTH STREET . . . . . . . . . . . . . 8 A - 8 F . .__ & 8 H HPP ALS COMM� R_E.GOMMENDATION: APPROVE VARIANCE PI ANNt�IG COMd� RECOMMENDATI01�: CONCUR IfV APPftOVAL �OUNCIL ACT.�ON REC�UIR�D, CONSIDERATION OF RECOM— MENDATION Variance approved ACTION NEEDED: Inform applicant of approval pa�� 5 a-�YY Z� PLY4VOOD I'�TNNESOTA, SPECIAL USE PERMIT REQUEST SP #76-02, S3O�. EAST RIVER ROAD . • • • • • • • • • $ Q - $ S &suu-sww �j ANN I Nr �OMM , RECOM�N ENDAI_I_0�1; APPROVE W ITH $TIPULA7IONS ('o��Nrlt ArTION REQUIRED: CONSIDERATION OF RECOM— , MENDATION appr�ved with six stipulations (3 variances--3 stipulations) ACTION NEEDED: Inform Plywood Minnesota of Council action � , �� r � , ' ' ' ' �NGINEERING I r- . REGULAR i�1EET I iJG, APRI L 5, 1�76 � NEW BUSIyESS (CaNTTNUED) �PLANNING COMMISSION �y�1NUTES CONTINUED) PH�E e 3� INNSBRUCK T�� TOWNHOUSE �V & V�IDDITIONS, PLAT $UBD I V I S I ON PS #76-01. . • • • • • • • • • • • • • • 8 S - 8 EE P1.ANNING COMM� RECOMMENDA�'IO�: APPROVE WITH S7IPULATIONS �OUNC i L ACT I 0I� REQU I RED : idone. Publ i c Heari ng set for Apri1 12, 1976 NO ACTION NEEDED 4� INNSBRUCK id. TOWNHOUSE IV & V, TOWNHOUSE T#�76-01. . . . . . . . . . . . . . . . . . . PLANNING COMM.ISSION RECOMMEN�ATION: APPROVE COUN��L AGTION �EQUZRE�. I�IONE; CONSIDER WITH PLAT AT PUBLIC HEARING NO ACTION NEEDED .. 8 S- 8 E E 5� NENNING NELSON CONSTRllCTION CO „ SPECIAL USE PERMIT SP #�b-�4, DUPLEX IN R-1 ZONING �OCATED SOUTH OF 71s-r WAY AND WEST OF EAST RIVER ROAD .. .8 MM - 8 RR . . .. �NNING COMM� RECOMMENDATIOfJ: DENY X �OUNCIL A TION RE(�IJIRED: CONSIDERATION OF RECOMMENDATION City Council denied requested Special Use Permit ACTION NEEDED: Notify petitioner of denial � i . . � 1 ' ENGINEERING � � � TY MANAGER REGULAR MEETI�G, APRIL 5, 1976 � �� NEW BUSINESS (CONTINUED) �PLANNING COMMISSION ��1NUTES CONTINUED) PAGE 7 C� LYNDALE TERMINAL CO�, SPECIAL USE PERMIT SP #76-03, GARDEN CENTER, 251� �%TH AVENUE ��I � E. ... 8 RR - 8 TT QI ANN I NG COMM � RECOMMEND TI ON : i�ONE, PASSED & 8 YY ON WITHOUT RECOMMENDATION - _. _ OUNC I I.,_ACT_ 0 Q I RED : CONS IDER REQUEST Special Use Permit approved with stipulations ACTION NEEDED: Notify petitioner of Council action RECEIVING THE MINUT�S OF THE POLICE COMMISSION �`�EETING OF MARCH 16, 1976, � , , , , , , , , , , , , , , , , , , , � Minutes received ACTION NEEDED: File minutes for future reference II , , CONSIDERATION OF REAFPROVAL OF �IfVAL PLAT SUBDIVISIOIV � P.S. #%4-06, ZANDER`S FIRST ADDITION, BY UAILEY HOMES, ' ENGINEERING � INC, , , , , , , , , , , , , , , , ,�, , , , . . , . , . , , 10--1UE AND RECEIVING FINAL INSPECTION CERTIFICATION OF STORM SEWER CONSTRUCTED IN ZANDEK'S FIRST ADDITION Reapproved with stipulations and final inspection certification received ACTIO(� NEEJED: Procced as authorized. • � �� 1 ' TURALIST FINANCE � � ' 1 NAiURALIS7 � ' " �INANCE , ' � REGULAR h�EETING, APRIL 5, 1976 ��iEW BiiSI1�IESS CCONTINUED) CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION FOR A DISEASED SHADE TREE REMOVAL SUBSIDY PROGRAM FOR PRIVATE PROPERTY AND - CONSIDERATION OF A RESOLUTION AUTHORIZING THE CHANGING OF THE I9%6 BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND �RESIDENTIAL PROPERTY TREE REMOVAL SUBSIDY)� �� Resolutions3l-1976 and 32-1976 adopted. ACTION NEEDED: Submit approved application ACTION NEEDED: Make necessary changes in the 1976 budget as approved CONSTDERATION OF A RESOLUTION TO ADVERTISE FOR �IDS-- REMOVAL OF TREES AND STUMPS OiV PRIVATE AND PUBLIC PROPERTY DURING TH� 1976 SEASON, , � � � � � � � � � � � � Resolution #33-1976 adopted ACTION NEEDED: Proceed to advertise for bids. PAGE 8 , 11 - 11 D 12-12A RECEIVING BIDS AND AWARDING CONTRACT FOR PHOTO COPY EQUIPMENT �BID OPENED MARCH 31, 19%b, 11:3Q A��). .��, 13 - 13 A Contract awarded to Xerox Corporation ACTION NEEDED: Notify Xerox Corporation of Council action � . . � REGULAR MEETIi�G, APRIL 5, 1�7� . PAGE 9 � (�EW BUSINESS {CONTINUED) � APPOINTMENT iCITY EMPLOYEE)� � � � � . . . � . . � � . � � . 14 Appointment of Gail R. Skaaden, C1erk/Typist, Public Works Department appro�ed. NANCE ACTION NEEDED: Inform bookkeeping � , ILICENSES � ' ' ' ' , ' � � � � � � � � � � � � � � � � � , , 15 — 15 u � Licenses approved as submitted (�ANCE ACTION NEEDED: Issue licenses � � . . . 16 �LAIMS � � � � � � � � � � � � � . � � � � � � � , � � � � � Claims approved as submitted NANCE ACTION NEEDED: Pay claims � r COi �f�Uid I CAT IONS : ' FRIDLEY RECREATION AND SERVICE COMPANY: INTOXICATING �I QUOR �I CENSE � � � � � � . � � � � � � � � � � � � � � � . 17 Gommunication received NANCE ACTION NEEDED: File communication ' ' , - . ,I ' . � ' . . ' � � GINEERING ' , � ' �� 1 � � 1 . � � ' I ' REC�fLAR MEET I NG, APR I�L 5,� 1976 � COMN{U�� I CAT I O�S (Cotv�- t tvu�D) PAGE 10 HOLIDAY VILLAGE I�ORTH: SPECIAL USE PERMIT REQUEST� �.�� lt� Communication received ACTION NEEDED: File communication ai��ou�i� : � 0 _ _ _� _ __ _ __ _ . . � II � . � FRIDLEY CITY COUNCIL MEETI,NG I� ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: , �" � L NAME - - -------------------------------- ; � `�� '.�,� ��v,�/'�+�,o // , � ,� , s �� .�. �' � L ii:��.�. _/i�� 1�,�� . � �. . , �.... �I� � _.� �/�� ., ,-, ,��rL./J .,`��,''��'� ADDRESS ITEM NUMBER ___-__�_��________________________ __ ^ __-_ -__-_--,__=� v C�/1Tjr✓F- �2�� Ls SS Y.�s � ��o Do-veR � c �� ,�'��-c,L, � �t � �Y� �. � �-� ,d�.ZR,�. �. ,v�' �'s'�I �/�/0 � c� -�� S7`. N, �' -�/34 / �� l /v - i � �3 ,,,, �-3s /_� � �. � '�ar � �.. � � �.� ..!� � � �� ,�s...�� — .�r,_. '��' ' f��.�! /� � i � �_ / . �f �ioL� � ./L1 r �I . �. �L � ' — J /.�..__� '� �2.,. ' � � . . . i FRI�LEY CITY COUidCIL - REGUL/1k (�iE�l�IiW� -,'�PC�I�—�, 1�7� — 7:3� P.I�1. f � � ' PLEDGE OF ALLEGIAiVCE:� � ' 1 � � ROLL CALL: � � � APPROVAL OF MIi�UTES: REGULAR MEETING, FEBRUARY 23, 1�7� � � � PUBLIG �EARING �`�EETING, I�IARGH l, 1976 � REGULAR MEETING, I�ARCH $, 1976 1 � REGULAR I�EETIt�G, ��ARCH 15, 1976 � r. ADOPTIOfV OF AGENDA: � ' � I�1 ' 1 ' � REGULA{� (�EETIiVG, APRIL 5, 1976 OPEN FORUM, VISITORS: �CONSIDERATION OF .ITEMS NOT ON AGENDA - 15 MINUTES) o� Bus 1 �ESS : PAGE 2 CONSIDERATION OF AWARD OF CONTRACT FOR SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT �119 (Tas��D - MARCH 15, 197b) , � , , , � , , , , , , , , , , , , , , , , 1 r 1 C RECEIVING PETITIONS #1-1976, #r'2-1976, #3-1976 aND �4-l�%6 ALL REQUESTING SEWER, WATERf STORM SEWER AND STREET IMPROVEMENTS IN PROPOSED NENRIKSEN ADDITION �INCLUDES LETTERS OF UNDERSTANDING FROM LEIF HENRIKSEN AND �ANICE AND bENEDICT ��OVAK)� � � � � � , � � � � � � � 2-2K 0 REGULAR �EETIidG, APRIL �, 1976 OLD BUSINESS (CONTTNUED) CONSIDERATION QF APPROVAL OF FINA� PLAT SUBDIVISION P,S�, #75-02, BY LEIF NENRIKSEN, GENERALLY LOGATED WEST OF EAST RIVER ROAD AND SOUTH OF LOGAN PARKWAY iTABLED 2/9/76, 3/15/76) , , ' , ,, , , , , , , , , , , , , , , , , , CONSIDERATION OF SECOND READING OF AN ORDIIVANCE FOR REZOI� I NG REQUEST, LON I NG ORD I NANCE AMENDMrNT LOA �t#%5-i�%, �Y �.EROY HALUPTZOK; FROM �-IS TO II-1, 1240 7332 AVENUE N,E, AND CQNSIDERATION OF SPECIAL USE PERMIT SP �7�-29, LEROY NALlSP7ZOK, 124a 73� Av�NUE ��, E, � � . , , , , , , , , � , PAGE � 3 4-4D . � '� REGULAR MEETING, APRIL 5, 1�76 PAGE 4 OLD BUSIIVESS �CONTI�NUED) � -- ... __ CONSIDERATION OF SECOND READING OF AN ORDINANCE � FOR REZONING REQUEST, LONING ORDINANCE AMENDMENT �� Z�A #�5-06, BY UNION OIL COMPA�fY; �bg5 �iACKMANN AVENUE N�E� TO REZONE FROM C-IS TO C-Z , AND - . � CONSIDERATION OF SPEGIAL USE PERMIT REQUEST, SP ��5-��. UNION OIL COMPANY, 56�5 HACKMANN AVENUE I�� E� TO � �ONTINUE EXISTING SERVICE STATION� � � � � � � � � � � ' ' ' � + � F � N ORll I NANCE AMEND I IJG CONSIDERATION OF FIRST READING OF A CHAPTER 11S OF TNE FRIDLEY CITY C�DE ENTITLED SWIMMING 1 POOLS AND REPEALING PRIOR �NAPTER 1�.� (TaB�ED 12/15/75)� ��" 6 E NEW BUSIi�ESS: CONSIDERATION OF ESTABLISHING A I�EW CHAPTER SU5 OF THE FRIDLEY CITY CODE ENTI7LED I�ICYCLE I�EGISTRATION, AND REPEALING PRIOR CHAPTER 505� � � � � � � � � � � ' ' ` ' � - � G 0 I � � � � REGULAR MEETIi�G, APRIL 5, 1976 NEW BUS I i�ESS : 0 RECEIVING THE MINUTES OF THE PLANNING COMISSION �'�EET I NG OF �`�ARCH 1�, 1976, , � � � � � � � � � . � � � � � l� CONSIDERATION OF APPEALS COMMISSION MINUTES OF �'�ARCH 9, �.��b � D � ROTTER, �1�0 RUTH STREET . . . . . . . . . . . . . 8 A - 8 F �HPPEALS COM�1� RECQMMENDATION: APPROVE VARIANCE & 8 H PI�NNING �QMM� RECOMMENI�ATION: CONCUR IN APPROVAL COUNCIL ACTION RECIUZRED: CONSIDERATIO(V OF RECOM- MENDATION PaGE � a-�YY Z� PLYWOOD I`�INNESOTA, SPECIAL USE PERMIT REQUEST SP #76-02, 5301 EAS-r RIVER ROAD . . • • • • • • • • $ R - 8 S P�ANNING COM � RECOMM.E�IDATION: APPROVE WITH & 8 UU - 8 WW STIPULATIONS COLiN� I L AGTI ON R�QU I RED : CONS I DERAT I Of� OF RECOM- MENDATION � � RE(iULAR iY1EETIiJG, APRIL 5, 1y76 1VEW Bl1SIiVESS (CoN-rr►vuEn) CPLANNING COMMISSION W�1NUTES CONTINUED) PAiiE b 3� INNSBRUCK �� TOWNHOUSE IV & V�1DDITIONS, PLAT $UBD I V I S I ON PS #7b-Ol. . . . . • • • • • • • • • • • • 8 S - 8 EE PLANNING COMi1� RECOMM�NDATION: APPROVE WITH STIPULATIONS � . . _ COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOM- ME�JDA`I i ON 4, INNSBRUCK f`J, Tow►v�ousE IV & V, TOWNHQUSE �#�76-01. . . . . . . . . . . . . . . . . . . . . 8 S - 8 EE P��NNING CQMMIS�.ION RECOMMENLlA.�IO.�, APPR4VE .�QU.NGZL I�.�TIO�y �EQUIRED: I�QNE; CONSIDER WITH PLAT AT PUBLIC HEARI«G 5� HENNING NELSON CONSTRUCTION CO�, SPECIAL USE pERMI�T SP #7b-04, DUPLEX I N R-1 Zo�t i �v� �OCATED SOU7H OF 7.�ST WAY AND WE5T OF EAST RIVER ROAD ...8 MM - 8 RR _. �NN I NG COMM � RFCQMh1E�L,�AT I ON : 1�ENY & 8 XX ��OUNCIL ACTION RE(�UIRED: CONSIDERATION 0� RECOMMENDATION REGULAR �EETIyG, APRIL 5, 1916 iVEW BUSINESS CCoNTitvuED) iPLANNING COMMISSION �'�1NUTES CONTINUED) PAG E 7 6� LYNDALE TERMINAL CO „ SPECIAL USE PERMIT SP #76-03, GARDEN CENTER, Z�l� S�TH AVENUE �V � E�. .. 8 RR - 8 TT PLANNING COMM� RECOMMENDATION; i�ONE, PASSED & 8 YY ON WITHOUT RECOMMENDATION COU�iCI� ACTIGN REQUIRED: CONSIDER REQUEST RECEIVING Tf-�E �`�1NUTES OF THE POLICE COMMISSION MEETING oF MRRCH 16, 1976, , , , � , , , , , , , , , , , , , , , , � CQNSIDER�TION OF REAPPR4VAL OF FINAL PLAT SUBDIVISIOiV . P�$, #74-06, LANDER`S FIRST ADDITION, BY llAILEY HOMES, INC, , , , , , , , , , , , , , , , , , , , , , , , , , „ . 10-lUE � REGULAR h1EETIi�G, APRIL 5, 1976 {�EW BUSIyESS CCONTINUED) CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION FOR A 1�ISEASED SHADE TREE REMOVAL SUBSIDY PROGRAM FOR PRIVATE PROPERTY AND CONSIDERATION OF A RESOLUTION AUTHORIZING THE CHANGING OF 7HE Ig%C BUDGET APPROPRIATIONS WITHIN THE �ENERAL FUND �RESIDENTIAL PROPERTY TREE REMOVAL SUBSIDY)� �� PAGE 8 11 - 11 D CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS-- REMOVAL OF TREES AND STUMPS ON PRIVATE AND PUBLIC PROPERTY DllR I NG Tt�� 197G S�ASON , , , , , , , , , , , , , , IZ - 1'1 A RECEIVING BIDS AND AWARDING CONTRACT FOR PHOTO COPY Eau1Pr��cvT CBID OPENED MaRCH 31, 1976, 11:3a A,{h, ),,,. �. 13 - 13 A � . _ _ _. ... _ . _ ..W � __ . r..�... ._.: .� REGUL�R ME�.TIiVG, APRI�. 5, 1�� _. . _ ��EW BUSI��IESS �CONTINUED) PAGE 9 APPOINTMENT �CITY EMPLOYEE)� � � � . � . � � � � � � � � � � 14 LICENSES � � , , , , , , , , , , , , , , , , , , , , , , , , 15 - 15 G . .. . .. . .. �LAIMS. � � � � � � � � � � � � � � � � � � � � . � � � � � 16 COi�►(�l ll iV I CAT I 0 N S: FRIDLEY RECREATION AND SERVICE COMPANY: INTOXICATING �I QUOR �ICENSE � � � , � � � � � � � � . . � � � � � � � � � 1� _. REGULAR MEETING, APRIL 5, 1976 COMMUNICATIONS CCoNTiNUED) PAGE 10 HOLIDAY VILLAGE I�IORTH: SPECIAL US� PERMIT REQUEST� �� lt� a,��iou�r : � , - - i _ . _ _._ _ ___. --- -_ --__ _ _ __. _ _ __ tI_ 28� . ; � � 1' 7HE MINUTES OF THE REGULAR MEETING OF TNF FRIDLEY CITY COUNCIL OF FEBRUARY 23, 1976 i i i I '� The Regular Meeting of the Fridley City Council of February 23, 1976 was called to order by Mayor Nee at 7:33 P. M. PLEDGF 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: Councilman Fitzpatrick, Councilman Hamernik, Councilman Starwalt, Councilwoman Kukowski, and Mayor Nee MEMBERS ABSENT: None PRESENTATION OF C[RTIFICATE: Mayor Nee presented a Certificate of Appreciation to Williams Drigans for his services to the City of Fridley on the Planning Commission and Appeals Commission. APPROUAL OF MINUTES: REGULAR MEETING OF FEBRUARY 2, 1R76: MOTION by Councilman Starwalt to approve the minutes of the Regular Meeting of the Fridley City Council of February 2, 1976 as submitted. Seconded by Councilvdoi:�an Kukoadski. Unan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUQLIC NERRING MEETIPJG OF FEBRlJARY 9, ]976: MOTION by Cou��cil��oman Kukowski to approve the minutes of the Public Hearing Meeting of February 9, 1976 as submitted. Seconded by Councilman Fitzpat�°i�k. Upon a voice vote, all votina aye, Mayor Nee declared ihe motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated that the evening agenda was available at the floor lecturn and that the past agenda� of the Council are on file in the library. Fi0TI0N by Councilnian Hamernik to adopt the agenda as submitted. Seconded by Council- woman Kukowski. Lpon a voice vote, all voting ate, Mayor'Nee declared the motion carriec unarimously. OPEN FORUM, VISITORS: Mr. Dennis Schneider reminded everyon� of the political caucus�s. to be held Tuesday evening, February 24, 1976. PUBLIC HEARING ON COMPRENENSTVE HOUSING PLFlN: Mr. Jerroid Qaardman, City Planner, made a presentation regarding the Comp:ehensive Housir�g Plan in conjunction with a slide presentation to the City Council and visit:ors. He stated that around August 1, 1975, the Planning Commission requesl;ec+ that a study on the housing situation in the City of Fridley be done. The plan has gone through all of the commissions including the Planning Commission, and the housing plan with modifications as recommended by the Planning Commission is before the Council this eveniny. He noted that a League of Women Voters' representative had been present at the meetings of the P7anning Commission a7so. Mr. Boardman said that the housing aspect is the largest single investment that the City resident has. In the comprehensive housing plan one of the main con- siderations are the communities goals and objectives. These give a direction to future planning for the comnunity. These were set by the Planning Commission after consider- able input from its member conunissions. fie.said that a single goal was developed by the Planning Commission--"Provide for and maintain ir the community, without discrimination, a diversity of suitable housing and l�ving environments for all persons". Objectives were then laid out to encourage } � a :...� �`...-_. f �r REGULAR C6UNCIL MEETING OF FEBRUARY 23, 1976 Gll1 I PAGE 2 preservation programs at a cost which the families can afford to have maintenance and repair work done. There should be plans to promote different preservation programs or to update programs that are sponsored by the City. It is also very important that the City fulfill its role as a neighborhood in the total metropolitan area. Another consideration in laying out the plan relates to the social-economic situation. Over a period from 1960 to 1970 our median age has increased from 20.8 to 22.0. The rate of increase in the elderly population has remained steady while a rate increase , in the middle age population was apparent. This elderly population rate was something that was not expected due to the maturing of the City. Mr. Boardman said that focus area two has a relatively high elderly age group, 10 to 20 per cent. The rest of the � elderly population is pretty evenly distributed over the rest of the City. Mr, Boardman said that in looking at the housing data for the City, it is quite appar�ant that the community is in pretty good shape and should be involved mostly in the preser- vation of our neighborhbods_. There are, however, three primary focus areas that should draw a majority of the attention. The trends that developed these areas started in Columbia Heights about ten years ago, and in Minneapolis about 20 years ago, and it has been progressing through this area. Columbia Heights has worked successfully to counteract it, to try to put the neighbor- hood back together. Some suggestions were offered as to how the preservation program might be worked for ' the residents in need of it. One was to have a list of contractors in the City Hall and in the library who are willing to work in helping the homeowners. Another was to have workshops concerned with making the home improvements, and for this some of the City inspectors could be available for instructors. Perhaps funding may be available through the community development funds. Mr. L'�rc�m�.n said that attention should be paid to securing block fund grants. These could be used for leveraging mortgage loans and providing loans on a low interest basis. Direct grants also could be used for the elderly that cannot afford a low interest loan. Application should be made to the f+linnesota Housing Finance Agency for low interest loans for V�ome improvement purposes. A rent subsidy program would provide two things: It will provide apartment owners who qualify to have an opportunity to have 100 per cent occupancy and have additional monies to make improvements and also to allow for the people who are living on low and moderate incomes to improve their life styles. Councilman Starwalt said that in looking over the plan carefully, he felt the City staff had done a tremendously fine job of the housing situation or survey as it applied to Fridley. He said he did have a concern and a question about some of the ideas and assumptions that have been made, the direction of future applications, the implementation, and this sort of thing. He said he would object to the Metro Council telling the City of Fridley that they are required to have about 248 units. In principle he said he objected to the tietro Council telling us what we need, and a part of the future desires of the planning department of the City is that the City should provide this amount. He said he had addressed the Planning Commission in this regard, and he thought that in the past the City has not provided any housing for anyone. The housing developments, all residential construction, business activities, industrial, the applications have been on the initiative of the individuals. He said he did not feel that the City should get into the housing business. He would fully agree with part of the goa1s of making application for federal funds for certiain uses. He said he had no question but what it is a good thing. We have made some good acquisitions of land through the process. He said the housing preservation is a tremendous stride that could be made by the.City as these are absolutely needed and should come to pass. He said he did not subscribe at this time to the City undertaking the need for subsidized housing or a rental subsidy program, but will certainly listen to al l proposal s. �-.,-- Mayor Nee remarked that the specifics on them could come up before the Council and at that time they could be acted upon. Mayor Nee asked for other comments. He also stated that there was a lot of work that went into this by the planning staff and others, and that this is a very significant document in total. Richard Harris said he would like to add his compliments to the City staff for the excelient job and much cooperation. The staff has been working on this for a long time.and put in many hours; �He said the document isn't a hard and fast rule, but that it is a beginning point. The housing situation in Fridley will not be a static thing, and; it will change, and the City should be flexible enough to change. . . , L � , , � � � I � ' ' ' t � � _ �_ i, j� 12i� `� � 1 I iI i , � �. �i I� 0 � - REGULAR COUNCIL MEETING OF FEBRUARY 23, 1976 PAGE 3 Richard Narris asked Councilman Starwalt why he objected to the City applying for funds Councilman Starwalt replied that he was in favor of the City applying for certain funding, such as lan� acquisition, and in the housing preservation area, but he said he was not at this time in favor of rental subsidies, rental subsidy programs or subsidized housing programs to the extent that the Metro Council thinks Fridley neecls. Mayor Nee stated that the Council will not take any forma] action on this plan until the night of the public hearing. The City Manager stated that the City wanted to have a housing plan so that the city would know where .N(e_ are and what we needed to do to keep our housing viability. The plan would tend to improve our rating in the Metro Council who are the reviewing authority on grants and funding of anything. The plan sF�ows we do have a housing plan and we are working on the different concerns in the community. MOTION by Councilman Hamernik to close the Public Hearing on the Comprehensive Housing Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. OLD BUSINESS: CONSIDERATION OF APPOINTMENTS TU COMMISSIOidS: Mayor Nee staied that voting on members to the Commissions will be by secret ballot. Mr. Richard Harris, Chairman of the Planning Commission, indicated his desire to continue in that capacity. Planning Commission MOTIOiV by Councilman Fitzpatrick that a whil;e ballot be cast appointing Richard Harris as Chairman of the Planning Commission for a three year term. The mot�on was seconded and upon a voice vote> all voting aye, Mayor Nee declared the motion carried. CommunitY Development Commission Councilrnan Starwalt nominated Mr. Hubert Lindblad, present member of tVie Commission. Also no;ninated were Mr. Eln�ars Prieditis, Mr. Charles Good�r, Mr. Dennis Sch�ieider, and t�lr. [d Dunn. Nominations were closed and Mr. Nube�°t Lindblacl and M�•. Dennis Schneider were appointed to the Commun-ity Development Comrnission. Parks and Recreation Commission „ominees were Mr. Robert Peterson, P4r. Leonard A. Moore, Jr., Ms. Pam Utter, Ms. Sharon f3akke, a.nd Mr. Tom Nehrirg. Mr. Robert Peterson and Mr. Leonar� A. fnoore, Jr. were appointed to the Parks and Recreation Commission. Appeals Commission PP eals Mr. Alex Qarna and f�is. Patricia Gabel were nom�nated and a ointed to the App Commission. Environmentai Quality Commission Mr. James Langenfeld and f�lr. Michael Paripovich were noininated and appointed io the Environmental Quality Commission. Human Resources Commission Ms. Nancy Lambert was nominated and appointed to the Numan Resources Commission. Cable Television Commission Ms. Nancy ldrubel, Mr. Al Ossenkop and Ms. Karen Peterson were nominated. Ms Nancy Wrube7 and Mr. A1 Ossen{;op were appointed to the Cable Te1evisien Commission. Fridley Housinq and Redevelopment Authority_ Mr. Elmars A. Prieditis was appointed to the Fridley Mousing and Redevelopment by D1ayer liee with the consent of the City Council. Fridlev Police Commission Mr. Timothy Breider was appointed to the Police Commission by Mayor Nee with the consent of the City Council. Fridley Board of gealth pp Council Dr. Turbak and Dr. Wri ht were rea ointed to the Board of Health by the City Mr. Steve Olson the City's Environmental Officer was replaced with the appointment of Mr. Walter N. Jopke by the City Council. .\ .� i ,i ,� , d � REGULAR COUNCIL MEETING OF FEBRUARY 23, 1976 NEW BUSINESS: RECEIVIN6 THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 4, 1976: 2.H�� PAGE 4 MOTION by Councilwoman Kukowski to adopt the Planning Commission Minutes of February 4, 1976. The motion was seconded and upon a voice vote, all voting aye, Mayor Nee declared the motion carried uaanimously. RECEIVING THE MINUTES OF TH[ CABLE TELFVISION COMMISSION MEETING OF JANUARY 21> 1976 Representatives of General Television, Mr. Douglas Nedin representing the Cab1e Tele- � sion Gommission and members of the Cable Television Commission were present to discuss the areas that need resolvement between the parties. Attorney Dogulas Hedin was directed to write the Federal Communications Commission regarding the items of dispute between the Cable Television Commmission and General Television, Inc. MOTIOIJ by Councilman Kukowski to receive the minutes of the Cable Television Commission Meeting of January 21, 1976. The motion was seconded, and upon a voice vote, all voting aye, the motion carried unanimously. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION i�'«TING OF FEBRUARY 9, 1976: The City Council set up a special meeting between the Cit= uncil, Cable Television Commission and General Television to be held March 16, 197;: :n the Civic Center Community Room at 8:00 P. M. MOTION by �ouncilv�oman Kukowski to receive the minutes of the Cable Television Commission Meeting of February 9, 1976. The motion was seconded, and upon a voice vote, all votiny aye, the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSIOfJ MEETING OF J�INUARY 20, 1976: MOTION by Councilmun Starwalt, seconded by Councilwoman Kukowski to receive the minutes uf the Charter Commission Meeting of January 20, 1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF FEBf;UARY lU, 1976: NOTION by Councilwoman Kukowski to receive the minutes of the Civil Service Commission meeting of February 10, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all votiing aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIQN OF ACCEPTANCE OF IMPROVED STREETS IN HEATHER HILLS 2ND ADDITION: MOTION by Councilman Starwalt to accept the improved streets in Heather Hills 2nd Addition. The motion was seconded and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 18-1976 TO ADVERTISE FOR BIDS - PORTABLE AIR COMPRESSOR MOTION by Councilman Starwalt to adopt Resolution #18-1976 and advertise for bids on a portable air compressor. The motion was seconded and upon a voice vote, al.l voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 19-1976 TO ADVERTISE FOR BIDS - REP�,IR WELL #8 MOTION by Councilman Fitzpatrick to adopt Resolution #19-1976 and advertise for bids on the repair of Well #8. The motion was seconded, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CLAIMS: MOTION by Councilman Hamernik to approve the claims for payment. The motion H�as seconded, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as presented. The motion was seconded, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �' �,; , �?. � , � � - � � ��n � ! RE6ULAR COUNCIL MEETING OF FFBRUARY 23, 1976 PAGE 5 ESTIMATES: MO7ION by Councilwoman Kukowski to approve the following estimates for payment. The motion was seconded, and upon a voice vote, a7] voting aye, Mayor Nee declared the motion carried unanimously. Smith, Juster, Feikema, Naskvitz & Casserly Builders Exchange Building Minneapoiis, Minnesota 55402 For legal services rendered for the City of Fridley by ��,205.00 Prosecutor for January, 1976 Weaver, Talle & Herrick 316 East Main Street Nnoka, Minnesota 55303 For legal ser��ices rendered for the City of Fridley �1,357.50 by City Attorney for January, 1976 COMMUNICA7IONS: LETTER FROf•1 ASSISTANT CITY MANAGER/FINANCE DIRECTOR TO h4R. ROBERT P. MINDER -- -- --��– ---__ ..� �„�.,,� ,—�in�c. MOTION by Councilman Starwalt to receive the communica.tion. The motion was seconded, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MINNEI�POLIS JAYC_EFS: THANK YOU FOR PERP1ITTING NAUNTED HOUSE IN t=RIDLEY DATED JANUARY 20 MOTION by Ccuncilwoman Kukowski to receive the communication from the Minneapolis Javicees 7he motion raas seconded, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried. ADJOURP�MENT: MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor �!e� declared the motioncarried unanimously and the Regular Meeting of February `L3, 1976 was adjourned at 1i:07 P. h1. Respectfully submitted, John Chegwyn William J. Nee Council Secretary Mayor Approved: ; � � � � � � � s F 3 � i � � � I � � , � I � � � � � � , � � � � � • i ?�l .; ; THE MINUTES OF TNE REGULAR MEETING OF THE FRIDLEY CIT1' COUNCIL OF MARCH l, 1976 The Regular P�^eeting of the Fridley City Gouncil was called to order at 7:31 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to join the Council in saying the Pledge of A11egiance to the Flag. ROLL CALL: MEMBCRS PRESENT: Councilman Fitzpatr9ck, Mayor Nee> Councilman Starwalt, Councilwoman Kukowski and Councilman Hamerni,k MEM6ERS ABSENT: - None APPROVAL OF AGENDA: Mayor Nee mentioned there was one item regarding special legislation to be added to th^ ug°nda. MOTIUN by Counc�lman Namernik to adopt the agenda with the additional item "Consideration of Special Legislation to Provide for Membership of a Certain Employee of the City of Fridley in the Public Employees Police and Fire Fund". Seconded by Councilwoman Y.ukotvski. Upon a voice vote, all voting aye, Mayor Pdee declared the rnotion carried unanimously. OPEN �ORUP�{, VISITORS: Mayor Nee called for comments from the audience, but there was no response. NEW BUSINESS: � RECEIVING TfiE MINUTES OF TH[ PLANNING COMMISSION MEETING OF �EBRUARY 18, 1976: CON5IDERA?ION OF APPFALS COMMISSION MEETING Or= FC-6RUARY 10, 1976: A REnUEST FOR VARIA�JCES UF THE FRSDLEY SIG�d OP„?iNA1dCE AS FOLLOWS: SFCTION 214.Oa2=5, TO R.�DUCE THE OISTAi�CE i3ET4iEEN AN ADVERIISING SIGN AND �1 STf�EE7 INTERSECTION FROP1 500 FEi_7 TO 50 FEFT> �{vU SECTIOPd 21'1.042, 6, Td REDUCE THE DIS7ANCE BETWECPI Afd ADVERTISING SIGN�{!,^!D r? RESIaENTIAL DISTRIC7 FRQM 5Q0 fEET 1�0 380 FEEi, ALL TO ALLO:d THE COi�S"CF2UCTIOiV OF A 10 FOOT �Y 30 FOOT ADVERTISING SIGN _�QII_LQOARD �TO RF LOCATED ON LOT 9 3LOCK 1, GREAT tdQRlIiERN IfvQUSTRIAL CEN7ER. TNE SA��IE QEIfJG 530�1 EAST RIVER ROAD N.E., FRIDLEY, �IIVNESOTA. P.E UQ EST BY PLYWOOD PdTNNESOTA, IPJC., 5401 EAST RIVER ROAD PJ.F., FRIDLEY, MIPiNESOTA. No action was needed on this item at this time. This will be back on the agenda when their Special Use Permit is being considered. RL UEST FOR A SPECIAL USE PERPIIT, SP. #76-01, BY NAEGELE OUTDOQR ADVERTISING COMPANY: TO ALLOW THE CO�dSTRUCTIOPJ OF A'L5'xl2' BILLBOARD IN M-2 ZONING (HEAVY INDUSTRIAL AREAS� , PFR FIRDLEI' CI7Y C04E, SECTION 214.042, LOCATED �fV PARCEL 5400 IN TFI[ SOUTH HALF OF SECTIOf� 2, T-30> R-24, CITY OF FRIDLEY, TNE SAME 6EING Mr. Sobiech stated that the Planning Commission recommended approval o.f the bill- board with stipulations, and that the billboard did satisfy the requirements of the City of Fridley ordinances such as height, area and various setbacks from adjacent property. The stipulations were that when the property is developed _ the billboard would be removed and the special permit cancelled with the termina- tion of the lease on the property. It was originaliy set up for five years with a five-year option. Mr. Sobiech stated that the Naegele Company had been contacted on the matter and had agreed to remove the billboard on East River Road. He asked if there was a representative present at the meeting. There was no response. • Councilman Fitzpatrick questioned the effect of this sign and the sign on East River Road being one of moving a sign. Mr. Sobiech stated that the department ' did not look at it as a removing and the replacing of a sign. MOTION by Councilman Fitpatrick, seconded by Councilman Hamernik, that the permit � � J ,� , ', �._ . 1,��2 REGULAR COUNCIL MEETING OF MARCH 1, 1976 PAGE 2 ; requested by Naegele Outdoor Advertising Company be approved with the stipulations ! as outlined in the Planning Commission minutes. Upon a voice vote, all voting aye, , Mayor Nee declared the motion carried unanimously. LOT SPLIT REQUEST: L.S. #76-01, OFF THE EASTERLY 120' OF f'ARCEL 3 SOU7H HALF OF SECTION 11, TO P1AKE INER CORPORATION: W 4 OF TNE NW', OF TENT WITH PRESENI Mr. Sobiech stated that this is a request by Conso]idated Container Corporation to split off a 120 foot portion of their property between Main Street and University Avenue West Service Drive. The property is leased by Frank's Nursery subject to a spec�al use permit on the entire pi°operty. It is used for display, and the nursery has present intentions of purchasing the leased property. The request is to separate off the appropriate amount of property and put it in the nursery. The Planning Commission recommended approving ihe per�nit subject to a number of stipulations as listed in tfieir minutes. There is a request that the nursery make a decent looking area on their property. Councilman Hamernik asked if the area is now fenced. Mr. Sobiech said that the westeriy edge is fenced and there is no problem with it. In response to a question by �ayor Nee, Mr. Sobiech said that the p]an is not complete as this time> but he hoped that everything tmouTd be done by mid-summer. Councilman Hamernik said he felt the fence area looks like an add-on, and if they were going to make it a part of their property> they should tie things together. Mr. Sobiech said that if the ]ot split is approved, they might take a closer look at it. The only problem might be the acquisition of the property. Mr. Bernstein, representir.g Consolidated Container Corporation, said that this property was leased by Frar�k's Nursery and now they are asking to buy this one acre, so naturally they will make it a permanent piece with what they have no�v, and beinq in ihe landscape business, he felt they will want to make it as attrac- tive as possible. He said tliey are anticipating the closing at the end of March, 1976. � � Mayor Nee asked 9f th2 City was setting values on land that is used for sales at a higher rate than just the parking lots. Mr. arunsell remarkad that it depended on how much land that one is talking about. In just one acre there would not be that much difference. Ne said that in his opinion the assessor would not put a different value on it as long as it is in the one confin�d area. Councilman Hamernik asked if there should be a time schedule on the petition for rezoning if it is approved. Mr. Sobiech said we should get the prcperty rezoned as quickly as possible and proposed that they add a stipulation that the rezoniny request be filed prior to the closing of the sale of the property. MOTION by Councilman Hamernik, seconded by Councilwoman Kukowski, that the Lot Lot SpTit request be approved with the stipulations as listed in the Planning Commission minutes and that the rezoning request be filed prior to the closing of the sale of the property. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ST. L.S. #76-02, BY RONALD ENROOTH TO SPLIT OFF THE WEST HE Mr. Sobiech stated that the property met all the requirements of the existing zoning code and to the existing structures on either side of it, and the utilities to service the lots are available. The matter of an additional special assessment from G7en Creek Road for� services was discussed. Mr. Qureshi exp]ained the assessment policies of the City in regard to this property under the conditions of the permit. Councilman Fitzpatrick said that he concurred with the Planning Commission on this request but questioned the r,iaking it subject to payment of a hook-up fee, Upon further discussion this stipulation was not added to the motion. MOTION by Councilman Fitzpatrick, seconded by Councilwoman Kukowski, to concur witi� the Planning Commi�sslon and approve the request for a Lot Split. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � �� ' 1 �, I � I�i � � , ' � I i ,. , � RE6ULAR COUNCIL MEETING OF MAI:CIi 1, 1976 2�)3 PAGE 3 Mr. Sobiech stated the request initiated from the H�_iman Resources Coinmission, and that the Planning Cominission recominended fundiny the Fine Arts Committee with $700. 7here was a discussion regarding funds from the schaol district and reimbursement. MOTION by Council�-�anan Kukowski to concur with the Planning Commission and forward �700 to the Fine Arts Committee of the Numan Resources Commission and adopt Resolution No.?_2-1976 Authorizing the Changing of the 1976 Qudget Appropriations ' Within the General Fund (Fine Arts Coir�mittee). Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Starwalt voting no, Mayor Nee declared the motion carried. CONSIDERATION OF A� IN UIRY REGARDING THE ISSUANCE OF AN ON-SALE LIQUOR LICENSE: Mr. John C. Purmort was present and spoke regarding his request for an on-sale liquor license. Ne presented the plans for the buildinq and outlined in general the rooms and the functions of the building, upper and lower sections. Other considerations mentioned vaere th� parking facilities, lot elevations, and the water table level. Mr. �urmort remarked tl�at 1:he acqui�it�on o� th� ?and i� tied up pending the avail- ability of a liquor license. Playor Nee remarked that there had to be a considerable amount of investigative work done preceding Council action, so they could not make a commitment this evening. Councilman Hamernik commented that he was impressed by the plan. Mr. Brunsell suggested that the next step would be to hotd a public hearing on the license and if the applicant woultl get the application in within a week's time, it could be possible to have the heariny in April. The notice has to be published and the Police Depar�tinent needs time to check the application out. Mayor Nee suggested to the applicant tl�at matters could be expedited by irrnn2diate filing of the applica- tion. MOTION by Counciltaoman Kukowski, seconded by Councilman Starwalt, to set the public hearing for the requested on-sale liyuor license on �pril 12, 1976. Upon a voic� vote, all voting aye> i�iayor Nee declaced 'che motion carried unanimously. CONSIDERATIOfd OF CA�LE TELFVISIOfd COMMISSION ANNUAL REPORT AND SIJRVEY: MOTION �y Council�iian Starwalt> seconded by Council4ioman Kukawski, to receive the Cable 7elevision Commissiat� Annual Report and Survey . Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. Mr. Sobiech stated that the survey and the annual report will be distributed to all residents with the News7etter in the Spring as they want some response on the cable television. RECEIVING CHARTER COf�MISSION RECOP�MENDATIONS DATED FEBRUARY 23, 1976: Mr. k3runsell said that iwo weeks were required for the published notice ofi hearing, and there was no need to have it any sooner than April. M07ION by Councilman Hamernik, seconded by Councilwoman Kukowski, to receive the recon;mendations from the Charter Com�nission and set the public hearing for the charter changes for Aprii 12, 1976. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AMERDMENTS TO THE BYLAWS OF TIiE FRIDLEY FIREFIGNTERS' RELIEf ASSOCIA- TION: � Mr. Brunsell said he had gone over the bylaws with Bob Aldrich and there are no changes in them that would cause an increase in cost to the City. The changes concern the ' cleaning up of the language of the bylaws and to codify the changes that have been made and approved earlier. MOTION by Councilman Fitzpatrick, seconded by Councilwoman Kukowski, to concur with the amendments to the bylaws of the Fridley Firefighters' Relief Association. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. •.� .i. � i �.. �94 REGULAR COUNCIL MEETING_OF MARCH l, 1976 PAGE 4 RESOLUTIQN N0. 21-1976 ADOPTING A COMPREHENSIVE I�OUSING PLAN FOR THE CITY Of FRIDLEY, MINPIESOTA: Councilman Starwalt raised a point of information as to how this could be called housing plan, the emphasis being on the word "pian". He said that in his opinion it was a concept, not a plan. Mr. Sobiech stated that it was a title only, but Councilman Starwalt said he felt the word "plan" was a misnomer and perhaps the word "concept" would be more appropriate. He said the dictionary said the word "plan" denoted a constructive course of action, almost imminent for execution, which is not the case with the pending matter, He said he feit it was just a survey> rather extensive, and very well done, but still a survey. Counciiman Namernik said he had concern that if Fridley distributed such a document that the other agencies will look at it and think or assume that this is Fridley's plan or policy, and the Council has not yet discussed any of these programs nor adop�ed any of them. � He said he would not like to see them distributed until they are discussed and adopted. Mr. Dick Harris, Planning Commission Chairman, said he had to take either the blame or credit for this, as it is our plan and nobody else's. He said that nobody from the Metro Couhci' had co�r,2 out ard to?d th�^� what te do. 4�e made the deliberation� He said they had input from the Me�ro Council and from a 7ot of other people and they tried to assimilate all the information they could. He asked Councilman Namernik if it was Section 8 that bothered him. Councilman Hamernik said that thai would be part of it. and he �ras a little concerned that the housing maitenance portion could have been expanded upon a little. Mr. Harris said that on the housing maintenance area, they didn't feel they should get into a depa�°tment manager's area, and it would have to be handled separately as an implementation portion of the plan. It was mentioned as one of the ways to accomplish the preservation of the neighborhood. Mr. Harris said that they had discussed Section 8 along with the ramifications of it, and it was not something they had just dropped in. He said that as an individual, he did not feel we have the right to deny these funds to the people if they are entitled to them. There was general discussion centered on the "plan" versus "concept" for the report. Mr. Sobiech strongly urged that they retain the basic and significant intent of the matter before them. Counci]man Starwalt stated that he had a long-standing belief that grants don't solve anything> and that it costs money without solving anything in the long run. Councilman N. •:nik said he vras in favor of helping people get started on something and get them hr i in the right direction, but he was not in favor of an out-and-out grant or sul: Mr. Sobiech suggested that an additian<: �.ement could be incorporated into the resolution, sta�ing, "Be it further re_,: that each of the specified programs recommended under the policy developmen�. , implementation plan be considered for actual approval and implementation on a:_ iidividual basis." He said the resolution cou]d be inserted into the very first pay� of the plan. Mayor Nee suggested that it be put in that these be considered by the City Council. Ne said they have Laiked about concerns with the actua;l programs. Maybe if they were spelled out, they would have to be reviewed as the Council gets involved. Mr. Sobiech said that everyone realizes they have gone through a lot of work, searching out information, searching for a lot of input, requesting information, and gathering things together, and what is now before them is good. MOTION by Councilman Namernik to delete the last sentence in Section G on Page 16 of the Housing Plan which states, "The City should make application to those programs for which it is eligible." Seconded by Councilman Staro-ralt. Upon a voice vote, with Councilwoman Kukowski voting nay, P1ayor Nee declared the motion carried four to one. ,;.:a MOTION by Councilman Hamernik to adopt the Comprehensive Nousing Plan and Resolution No. 21-1976 with the addition of the statement submitted by Mr. Sobiech as follows: °Be it further resolved, that each of the specific programs reconanended under the policy development and implementation plan shall be considered by the City Counci7 for actual approva] and implementation on an individual basis". Seconded by Council- ' woman Kukowski, and upon a roll call vote, Councilr,ian Fitzpatrick voting aye, Mayor � �tee voting aye, Counclman Starwalt voting nay, Councilwoman Kukowski voting aye, �` Councilman Hamernik voting aye, Mayor Nee declared the motion carried four to one. � � � t ' � ; I � . : REGULAR COUNCIL MEETING OF MARCH 1, 1976 x 2�5 � ; PAGE 5 R[SOWTION N0. 20-1976 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CI7Y OF FRIDLEY, MINNESOTA: , MOTION by Councilman Fitzpatrick, seconded by Councilwoman Kukowski, to adopt • Resolution No. 20-1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaimously. CLAIMS: MOTION by Councilwoman Kukowski, seconded by Councilman Starwalt> to approve the claims as pr�esented. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimeusly. LICENSES: M0T1CN by Council�-�oman Kukowski, seconded by Councilman Starwalt, to a�prove the ' licenses as presented. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIQN OF SPECIAL LEGISLATION TO PROVID[ FOR MEMaFRSHIP OF A CERTAI� EMPLOYEE � OF THE CITY Of FPIDL[Y ?N THE PUBLIC E��PLOYEES POLICE AIJD FIRE FU�D: The City Manager stated that Mr. Hill had joined the City of Fridley as a Fublic Safety Director, and he was put into the Police and Firemen Pension Fund, and the ' question is whether or not he is eligible for that fund. There was a discussion regarding f�1r. f4i11's relations with the City and the possibility of a special bill to be sent to the Legislature, and the various aspects of the financing. MOTION by Counciln�an Namernik, seconded by Councilnian Starwalt> that the staff prepare ' special legislation and proceed �vith steps to get the bill introduced into the State legislature which 4��i11 keep Mr. Hill in the Public Employees Police and Fire Fund. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. ' COh1MUNICATIONS: SUBURUgi1� RECREI1iI0N ASSOCIA7iC�N - THANK YOU FOR SUPPORT: � MOTIOP; by Co�,�ncilman Starti,�alt, seconded by Catwncilwoman Kukoviski, 1. 'eive the commuiiication frc�m the Suburban RECreation llssocation dated Februar . 1976, thanking the City Coucicil for th�ir support through granting tr�em ;,;�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' i , y ADJOURN(�iENT: MO7IOP� by Councilwoman Y,uko�vski, seconded by Councilinan Hamernik> to adjourn the meeting. Upon a voice vote, all voting aye, Mayor N�e declared th�e motion carried unanimously and the Regu1ar Meeting of March l, 1976 adjourned at 10:05 P.M. Respectfully submitted, JoPm Cheg4l�yn Date Adopted William J. Nee Mayor ' ' � � � r-- �I� I_ - -- _ _.__ __ _ ! �,`�� 1 � THE MINUTES OF THE PUBLIC HEARING MEETING OF 7HE FRIDLEY CITY GOUNCIL OF MARCH 8, 1976 The Public Hearing Meeting of the Fridley City Council of March 8, 1976, was called to order by hiayor Nee at 7:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those in attendance and invited them to join the Council in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Starwa1t, Mayor Nee, Council- man Hamernik, Councilman Fitzpatrick P1EMSERS ABSENj: None ADORTION OF AGENDA: MOTION by CouncilHtoman Kukowski, seconded by Councilman Starwalt, to adopt the agenda , with the addition of two new items: l. Receiving the Minutes of the Housing and Reuevelep;r�e�� ,utho�,°ity of ^;arch 4, 1976, �rd, 2. As�:arding of the contr�ct for the repair of Well Number 8. Upan a voice vote> all voting aye, Mayor Pdee declared the motion carried unanimously. � � �� 1 1 � ' PUBLIC HEI',RIPwGS: PUBLIC HEARIP�G ON REZONIP�G �EQUEST: ZOPtIN6 ORDIPIANCE AD1Eh1CMENT ZOA #75-07, 6Y --- __.. _ _--- --------- ---------- -- LEROY T. IIALUPTZOK TU FtE7_O�;E FROh�I C-1S TG P1-1, 1`Z40 73'? F1VEi�UE N. E.: The Public 4!orks Directoi°, Richard Sobiech, stated that the reyuest for the rezoning was to allort a comi��ercial sales venture to operai,e at this location �•rhich would consist of the sale and storage of new and used parts fio�° classic and antique cai°s. It is anticipated that certain parts a�ould be stored in a structure on the premises and other parts v�ould be stored outside. Mr. Sobieci� said that this proposed venture v:as discussed at considerable length in the Planning Contimission as to whpther or not this S�;as a junk yard operation or an auto-v��recl:ing yard, but the zoning code is specific in that any storage> or sale, or dismantling of motoi� vehicles or parts �^��as a junk yard operation, and in order to proceeci vrith the proposal it is necessary that this venture be in a properly zoned area or that a Specia} Use Pnrmit be granted. He said that the Planning Corarission, at their meeting of January 2.?, 1976, did reconimend to Council appro�al of the rezoning request �vith the stipulation tnat the application be made to r°ezone Lot 17, 61oc{; 2, Central View Manor, from C-15 tc M-1 also. 1�1r. Sobiech saitl t}�at representatives from the property under consideration were present at the hearing and vaould ansvaer any questions the Council might have. It was also detei�mined that Mr. Naluptzok did own Lot 17. Councilman Fitzpatrick inquired if the request included Lot 17 and iir. Sobiech stated that it did not. He said the application {�as been mailed to the peiii:ioner and the stipulation 4�as been explained to him, Uut the depari:ment has not received an ansv�er to the application. Councilman Fitzpatrick asked if there had been an inspection of the structure on the prei>>ises. Mr. Sobiech said that the zoning would have to take into account any remodeling to the structure> and that certain other conditions have to be met such as the ramps for the handicapped. Mr. Sobiech, by means of a slide projector explained and illustrated the area under discussion. The C-1S and M-1 and M-2 areas were explained. Mr. Haluptzok said he owned the entire area that was under discussion and which had the dwelling on it and the three lots to the west. Councilman Starwalt asked if the two lots are zoned as light industrial and one not � zoned light industrial. Mr. Haluptzok said tha± is correct. It is purely a storage and sales area for antique and classic car parts, and in no way did he intend to dismantle cars. The reason for the outside siorage was for the larger parts such as fenders and the quarter-panels. , �. I The City Manager, Nasim Qureshi, stated that if the request is approved, the site will have to be fenced and appropriate screening used. The City Planner stated that the Planning Commission recommended approval of the Special Use Permit upon the condition that the fence be of solid wood six feet high and the height of the stored PUBLIC HEARING MEETING OF MARCH 8, 1976 2Jl paGE 2 parts would not exceed four feet. Mr. Haluptzok stated that there was not too much that would be stored outside as he intends to have an inside business place if the future business volume will permit that circumstance. He does not want a junk yard. Counciiman Hamernik asked if the entire area was going to be fenced, and Mr. Haluptzok replied that he would just fence in the back part of the parking lot in the area where the storage would be. Mr. Haluptzok stated that there was wooden fencing now on the premises, and that a part of the property had chain link fencing. The wooden fencing had a cost of $10,000 already, Mr. Sobiech stated that the stipulation from the P]anning Commission requested that an application be made for the lot next door. It is C-1S now, and there would only be 60 feet of it left in that classification if rezoniny is done and it is very critical when a special use permit is considered that special stipulations be tied in with it so that the City and the petitioner both know vahat cond�tions are, and that if the property �s ever sold out it 441�� be light industrial. Mayor Nee inquired as to what the City is doing with the other parcel and Mr. Sobiech replied that at the present time we are doing nothing. He said there have been a couple of requests conr.erning the matter, but there has been nothing worked out on the pari of C-1S to the east. Mr. Sobiech stated that the City has been suggesting that the remaining C-1S parcels be developed together if they can convince the owners of those properties to d� that, as the City hcpe� it can be taken care of in one piece. Mayor Nee called for coinments from the public hut there 4�as no response. He then asked if the City staff had a point of view on the matter. Mr. So6iech replied that the)� had looked through the zoning code to d`termine if rezoning was not required, but the nature of the operation is specifically defined, and the best use of the property is vrhat it is present]y being used for. MOTION by Councilman Namernik, seconded by Councilman Starwalt to close the public hearing. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUQLIC HEARIfdG ON COMf�iUNITY CEVELOPP1ENT BLOCK GRANT PREAPPLICATION: The City Planner, Jerrold Qoardman, stated that HUD in the past has had various pro- grams which have been handled separately under different applications, and two years ago decided to eiiminate a lot of paper work by the pre-application method which would permit a connnunity to have greater flexibi]ity in utilizing federal funding in the various areas instead of making three or fou�° applicatons for the same funding. It went into effect last year, and several com!nunities in the metropolitan area have made and are currently receiving fundiny under this program. Tnis is a 100 percent grant--there are no rnatchiny funds involved as it is a direct federal grant. The pre-application grant is reviewed by the Metro Council who may or may not recommend to NUD that the full application be granted. If our application is granted by HUD, then Fridley will be invited to make a full application. I�r. Boardman stated ihere are four categories to the submission of the application. One is the expanding and improving the housing and employment opportunities for low and moderate income groups. Another in the direct urban investments to locations within the ut,ban service areas. Another is direct public expenditures to help pre- serve and maintain existing public and private investment or to help maximize the utilization of existing public services, and the fourth area is to encourage the development and implementation of local comprehensive plans. HUD also reviews the applications on two criteria and also on conditions of overcrovading within a community. Th2 pre-application which the City has submitted to the Metro Council has been - reviewed by the Planning Commission and has been recommended to the City Counc�l. The Council approved submitt-ing thls application to the Metro Counci] at a special meeting because of the time element contraints. Mr. Boardman said we have submitted three applications to the Metro Council, and they have gone through an A-95 review and it goes to the Metro Ccuncil on March 11, 1976. He said the Planning Commission changes the programs somewhat, but the chanyes were sent to the Metro Council, and the Council have the recommendation with all changes before them tonight. Mr. Boardman said that initially there were six areas, but two were dropped. The City requested $14,000 for the development and implementation of the housing exterior maintenance. We requested $21,000 for tlie purposes of housing rehabilitation and a loan program. In the loan program we will use the HUD money to leverage low interest loans for residents to make home improvements. In the third area we are asking for � � � � � � � � � � � ?�3R PUaLTC HEARING COUNCIL MEETING OF MARCH 8, 1976 PAGE 3 $4,000 to administer an information center and to provide a seminar in which we might be able to use our City inspectors to conduct the seminars so that residents will better understand the maintenance they might do and be aware of how ta secure such assistance. Also there would be a file of the contractors and other persons who would engage in this program on file in the public library and in the City hall. Mr. Qoardman said that the fourth category is doing a study on the transit system. We are asking for 511,000 on this. These four things are basically the things we are trying to cover under the pre-apolication plan. The two things that were dropped were the $300,000 for the purchase of the Riverview Heights area, and the relocation of ten structures and the purchase of some property just north of the City hall here for a possible civic center. $125,000 would have been for the purchase of the property, just the acquisition money. Because we are dropping those two items we are receiving ten bonus points on our application. The Planning Commission felt they did not have new data that suppoi°ted the purcliase of these properties at this time. Mr. Boardman said that they will be t��orking on'a park and recreational program that is coming up for passage by the Governor. The department feels that the four items we are yo for is sufficient to get us the grant we need. $50,000 according to John Kari of the Nietro Council will be the cut-off iine that they wi11 be funding. Pir. ;:ari feels tiiai, ��e have a yood oppori;unity on that because we are requesting �50,000 for the completion of the programs we are talking about. Mayor Nee asked for some kind of an outline of 4�hat the transit study would develop, and Mr. 6oardman responded that they will be looking at the possibility of more funding for some type of demand-actuated operation for our elderly and those in the low to moderate incomes. They wauid idant to look at how our accessibility is in the conr�nunit;�, and that right no�•i we have some real, major transportation problems in the City that we should take a look at. We would look ai: the pedestrian system> our traffic flow on University and in other areas. 4Je are having scme real problems in crossing in some areas, and vde are being divided into a north and south section in some of the areas in our comrnunity, and the east-w�st flow of traffic in our area is tragic. Councilman t�amer�nik asked if th� staff had any idea of how much time is going to be required to cai^i°y out these projects and tc fullfill the reyuirements or the designs of the Metro Council in that repori;. Mr. Boardman replied that they ��ere working in that direction anyu�ay, an�' they �-�ill be puttin, together the housing maintenance and the enforcen�ent of that vriil come at the staff level. ide will be working on all transportation matters in the future whether we yet the funding or not. Mr. Boardman said in regard to the community inforrnation center, that includes mostly � the establishment of the information files> and it is a matter of involvin9 a secretary's time in covering incanring telephone calls. He said they were talking in terms of either part of his time and part of the secretary's time to administer the program, but most of the calls would be hand7ed by the secr�etary. � Councilman Fitzpatrick asked if $21,000 is simply to supplement the low interest, and Mr. 6oardman replied that they would use that specifically for a leverage on the loan interest. They would use that money to cover, maybe> the six percent above the three per�cent interest money. The moi�ey t�dould be directed to those critical areas laid out 1 in the housing plan, the focus areas. Ne said the block grants require that they relate to specific areas within a community, and �,�e are relatin9 them to the three focus areas. i � � � ,�, Councilman Hamernik said he made a few phone calls to other communities that are involved in this under tt�e hTetro Coiancil and he was told there were indications that some of them decided to quit it because of the horrendous amount of reporting that is required by the Metro Council, and he would like some assurance that this can be checked out. He did not want full-tiine people spending their tiine writing reports. The Public Works Director, Mr. Dick Sobiech, asked if the administration of the plan is charged against the grant money, and Mr. Qoard7ian said yes. P1r. Boardman stated that a lot of communities have dropped out of the program after getting to the final staye because of the amount of paper work involved in the final application. Councilman Fitzpatrick asked about a passage in the maintenance code which he felt was sufficiently ambiguous to cause difficulty in interpretation. The City Manager pointed out that the code is enforced equally, but here 9n the focus areas there will be more energy directed to the focus areas for improvement of the homes. MOTION by Councilwoman Kukowski, seconded by Councilman fitzpatrick, to close the public hearing. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I �.-- \ PUBLIC HEARING COUNCIL MEETING OF MARCH 8, 1976 LUTION N0. 23-1976 AUTHORIZING THE METROPOLITAN STANCE FUNDS fOR Ih1PLFMENTATION tJITHIN THE CITY � HOUSI ION C 29J � PAGE 4 � AND RECEIVING THE MIfJUTES OF THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY MEETING OF MARCN 4, 1976: � MOTION by Councilman Fitzpatrick, seconded by Councilman Hamernik, to receive the minutes of the Housing Author•ity Meeting of March 4, 1976. Upon a voice vote, all voting any, Mayor Nee declared the motion carried unanimously. Nancy Reaves, representative froin Metro Council, stated that if the City of Fridley decided to provide the staff on the program, there would be the task of verifying income yearly to make sure the recipients are entitled to stay on the program, and this is a multi-faceted program. It is hard to predict the number of units for the first year, maybe 30, 40 or 50, but it all depends on tf�e federal funding. After the initial year of operation the nuinber of staff load could be expected to decline somewhat. • The City Manager sai� that he thinl;s the process, as far as the cest. of the progr�m is concerned, is if we execute the program we are reimbursed for the program, but if we do not, the Metro fiousing Authority vaould do it. It will be a matter of policy by the City Council which route they feel is more feasible for the community. The City Manager said he feels that if the City vrere to do it supplemental help would have to be hired on a temporary basis or a contractual basis. Councilman Fitzpatrick said that a great deal of irformation and experience would accrue to the staff, and they would be reimbursed in the dir�ect service. He said a good deal of input would come into the City administration. MOTION by Councilman tiamernik to adopt Resolution No. 23-1976 with the amendments that we have an annual review in January by the City Council of this program and that a continuation of the program be done by resolution of the Council. Also that if the grant fur�ds are cut off the City is in no way obligated to continue the program. The motion t�:as seconded by Councilman Fitzpatrick. Upon a roll call vote, Councilman Han�ern�ik., Councilman Fitzpatrick, Councilwornan Kukowski and Mayor Nee voting aye, Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to ene. The Council directed the administration to bring back the agreement at a later date after terms have been established by the f-ietrapolitzn Housing and Redevelopment Authority. Also consideration of the agreeinent �-:hich emphasi�es City staff partici- pation as recommended by the Fridley Housing and Redevelopment Authority and the Pianning Comnission. GONSIDEP,ATION OF RESOLUTION N0. 24-1976 APPROVING THE PREAPPLICATION FOR COMMUNITY DEVELOPPIENT BLOCK GRNNTS: MOTION by Councilman Hamernik to adopt Resolution No. 24-1976, seconded by Councilman Fitzpatrick. Upon a roll call vote, Gouncilman Fitzpatrick, Councilman Hamernik, Councilwoman Kukowski, Mayor Nee voting aye, Councilman Star�r�alt voting nay, Mayor Nee declared the motion car°i°ied four to one. CONSIDERATION CF RESOLUTiON fJO. 25-1976 DIRECTING PRFPARATION OF THE FINAL ASSESS- MENT ROLL FOR THE ST. 1975-1 AND ST. 1975-2 STREET IMPROV[MENT PROJECTS: Motion by Councilman Starwalt, seconded by Councilwoman Kukowski, to adopt Resolu- tion No. 25-1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 26-1976 DIRECTING PUBLICATION OF HEARING ON PROPOSED FINAL ASSESSI�tEN�f ROLL FOR ST. 1975-1 AND ST. 1975-2 STREE7 IMPROVEMENT PROJECTS: MOTION by Councilman Starwalt, seconded by Councilwoman Kukowski, to adopt Resolu- tion No. 26-1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 27-1976 DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR WATER, SANII-ARY SEWER, AND S70RM SEWER IMPROVEMENT PROJECT N0. 117: MOTION by Councilwoman Kukowski, seconded by Councilman Starwalt, to adopt Resolu- tion No. 27-1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � , � � � � � , � y i j�/� ' iV �1 `i �i � i, PUBLIC HEARING MEETING OF MARCH II, 1976 PA6E 5 CONSIDERATION OF A RESOL{JTION PJO. 28-1976 DIRECTTNG PUaLICATION OF HE�IRING ON P10TION by Councilman Starwalt, seconded by Councilwoman Kukowski, to adopt Resolution No. 28-1976. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: _ Smith, Juster, FeiY.ema, Chartered 1250 Builders Exchange Quilding Minneapolis, Pdinnesota 55402 For legal services rendered as Prosecutor for the morith of February $1,345.00 MOTI�N by Councilman Fitzpatrick to pay the estimate. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ��CEIVIidG 3ID� A�;D Al�'ARDI��u GOivTRACT FOR 2EPA:R QF WELL f�0. 8(OPz=tr�� r4ARClI 5, :976): WATER VENDOR NAME LEVEL STARTING COMPLETION & ADDFFSS INDICATOR QAILING PUP4P TEST TOTAL COST DATE DATE Qergerson-Casweil Inc. $82 $59.00 $30.00 $6,522.00 10 Oays 60 Days 1312Q l�'ayzata 61vd. per Hr. per ,Ir. Minnetonka, Mn 55343 $4,645 $1,795 Keys Well Drilling $72 $60.00 $60.00 $7>786.00 5 to 10 45 to 60 413 N. Lexingtan Pkudy per Nr. per Flr. Days Days St. Paul, MN 55104 $6,464 $1,250 Layne Minnesota �65 �62.U0 $19.00 $6>914.t�0 IKnn�ediate 10-12 ldeeks 3147 Calif. St.fd.E. per Hr. pei° Hr. Mpls., h1N. 55418 $5,599 $1,250 McCarthy Well Co. $125 $6G.00 $50.00 �7,925.00 Immediate 3 Weeks 2700 E. ^Oth 5t. per Hr. per fir. Mpls., P9n. $6>II00 $1,000 The Public b;orks Director, Nir. Dick Sobiech> said the low bidder for the repair of Well No. 8 was Gergerson-Caswell, Inc., and that their vrork has heen satisfactory to the City and he wauld recommend that the bid Ue given to them in the surn of $6,522. MOTION by Councilwoman Kukoaaski, seconded by Councilman Fitzpatrick, to award the bid for the repair of We11 No. 8 tQ Gei°gerson-Casa.e�l, Inc. in the amount of $6,5?_2. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanimously. ADJOURNMENT: MOTIJN by Councilman Fitzpatrick, seconded by Council��oman Kukowski, to adjourn the meeting. Upon a voice vote, all voting aye, Piayor Nee declared the Public F!earing Meeting of March 8, 1976 adjourned at 9:3II P.M. Respectfully submitted, i } , John Chegwyn William J. Nee Council Secretary Mayar Date P�pproved }; �'. � v � t _ \ 1 4 ' THE MINUTES OF THE REGULAR MEL-TING OF TFIE F�IDLEY CITY COUPlCIL OF MARCH l5> 1976 � The regular meeting of the Fridley City Council of March 15, 1976 was called to order by Mayor tdee at 7:32 P.M• PLFDGE OF ALLEGIANCE: 61ayor Nee welcomed the audience and invited them to join with the Council in saying the Pledge of Allegiance to the flag. ROLL CALL: M[MQERS PRESEI�JT ME��1QERS ABSENT: Councilwoman Kukovrski, Councilman Stai°walt, Mayor Nee, Councilinan Hame�°nik and Councilman Fitzpatrick tdone PROCLAh1ATI0�d P4ayor PJee stated that March has been designated as Red Cross b1onth in Fridley. Those who have been here for a number of ,years i:now the Red Cross has been instrumental in the flood of 19b5 in assistiny tne C�;.y i� it� n"�d �nd also in the tornadoe� of 1965. They have been instrumental in the cperation of blood banks, and they are presently becoming more active in Fridley. In view of the support they have given to F�°idley he thought it approp�°iate that the proclamatior� be given. I�1ayor P,ee read th� p�°oclamaticn. ADOPTIGfd OF THE AGfNDA: MOTION b� Councilwon�an Ku!;o��lski, secondeci by Councilman tiamernik, ta adopt the agenda as presented. Upon a voice vote, all voting aye, Nayor �dee declared i,he i�iotion carried unan�imously. • OPEN FORUP4, UISITORS: biayor f8ee stated that the Council sets a period of time for people to comment on ma'ct�ars on the ayenda, ti��V}ether it be queries, explanations, or criticisms, and the public has ar� oppnrtui;ity to speak at this time. No one respor�ded to thie Mayor's call in this matter. OLD 1311SII�ESS: -- --- CONSIDERATION OF SPECIAL USE PFRMIT REQUEST SP_;75-30, BY REED BECKLER, 250 57TH The Public ldorks Director, P�r�. dick Sobiech, stated that this is a petition or request to a11oU� an outside display and the sale of rnobile homes at the Holiday Villagc Shopping Center site at 47th Aven�e and University. The site is in the soutPiwest corner of the Iioliday Village property. This matter had been tabled to allow aGditional input in some specific areas, and he would like to proceed on i these. i , � One of t.he initial items of concern vaas the traffic movement in a�d out of the area. The Pub?ic Works Directar then called att�ntion to the letter written i1arch 10, 1970, where Mr. Beckler has outlined his intentions and agreements on the special use permit reyuest. Item Number 5 in his letter concerns the movement of the mobile units on and off the lot between 8:30 and 11:30 A.M. and a special perrnit would be required by the Highway Department which would review the routes and would approve or disapprove of routing depending on the access or the easy flow of traffic. The flow would be on University Avenae to 57th Avenue and to the westerly entrance of the Holiday Center property and then to the area requested for the special use permit. Another item of concern was the landscaping. The Public Works Director �lansdthatt the staff had been working with Mr. Beckler to come up with landscaping � would be an improvement on the existin9 site. A proposal is to have ten units displayed in r.onjunction with an office structure. These would be surrounded by sodding, some trees and bushes. He said a permanent situation in this regard would be desirable. Railroad ties and trees and sodding would be incorporated to make the green areas and additional landscaping would be incorporated around the li:ght poles in the area. � REGUI_AR MEETING OF MARCfi 15, 197b PAGE 2 Another item of concern was the sign. The petitione�° can meet all the requirements of the sign code by the installation of a wall sign placed on the office structure. The staff, hotrever, felt it m�hhs would��equhrebasvaria�ce��because onlydopeopose a free standing sign, hoviever> permitted per frontage and there is one at the intersection of Main and I.6 . A final consideration and concern was the pai°king area. Theoxinately 1>045dstal�ls from that it was detei°mi�edentatherepareeaboutt1n109 whichPis more than adequate would be required. At p at th�eberreduced�by�94utmakingtaedeficitlof�30 �spaces�b�Some�of theedeficiquantity woul some parking along the easterly and wester]y extremities of could be made up by �roximately ten stalls. The Public the site, thus reducing the deficit to apf WorkJh�thertardeficitne�xiststorly timee�vill te111s rMquiQedkler stated that¶the and sig�7 thandthe maximumatheOcodeaspecified.ThMrP1Geckler said thelsign washfor people less as they approached the sales area. They were not attempting toblemWdevelopedyb�ome on I.694. The Public Works Director said that if a parking p' of roblenlhe vould revi`sefthe layoui todco1me upcwith the addetaonaltspaperking was a p r Councilman Fitzpatrick asked i� the r, rsery area ��:ould be a parking area. The n„til;r ldnrkS Director Shcd lt l^;OU�� not be. Councilwoman Y.ukowski asked Mr. f3eckler asked about Mr. [�eckler said he vaould abid° ��ith the stipulation wouldabe`1begweenS9100tandS11�00eA�.r�1en 8e30aS11giving0 in case a problem arose. Councilwoman Kuko�srski asked if it t�lould be feasible to grant the permit with an ann�u�s lon7eas herwa6erunningepheeoperation,lhe�wouldehave bold�isagreenent�wi h an 9 �t, and he would agree to this stipulation. Councilman Fitzpatrick stated that he felt the request is coming from the wrong angle. Logically the request should come fl°o�resentativelisar�i�ttPresent�V1eHeusa�dr concession of some kind> and the Holiday �'eP about the situation in terms the question had been raised to the City Attorne�� said we ar°e trying to do t�vo of two business on a single piece of property. th�n9etlthehbusinesseisanot9the o�e making the requeste �ThetCityiAttorneyesaidn and y that may be true, but he noted in ��1r. �ecklei"�S ThetCitthAttorneyPsaidathatsin ag�'eeable that the permit be issued to Holiday. Y his opinion> if the Council grants the permit, it should be granted to Holiday ViltheeCit� forytheUpromibes`that havetfbeeptmadetforN�the spechal�userpep�nt,band to Y the City should look to them for recourse if there is any breach of agreemen . He aias not able to find any stated restt•ictions in our ordosescthe question is�t��es about two businesses on one piece of property, and he supp at least partially removed in the even the permit is issued to Holiday Villaye. Council�me�t��o�bring�itaiatohconfornitynlwith�thefuseY andtnowrwe haveJasreque�ted the pr p Y for a non-cenformity with the next zoning. There are some clean�esentptimelo�s we haven't had the time to observe one vray or the other at the p f ar-ious businesses occupying the same site, the movement of the trailers. for certain hours. He said R.M.> he figured the movements himself a half an hour leeway Mayor Nee said ttiat on the question o v almost any shopping center has the same situation. Councilman Hamernik he has is how stric control that we hav ion asked about setting a precedent for other areas. t is the ordinance on parking. Is this the only e on parking. Anyone can apply for a special use The question means of permit to put �n a concess • The City Fittorney replied that assuming it is properly zoned, if they met with e�ery uestian he said requirement for screening> it would be correct. In regard to the Mayor s q on excess space that is not lega,�y Cenier�onatheSCOrnerpofSCentralhAvenue and that the Sheldon Mortenson Shopp ng p ro erty� suchfaseWHoward JohnsonmeTw�ntCi�ty'1Federalm�and pebhapseascar washninhthe ba�k � REGULAR MEETING OF MARCH 15, 1976 � PAGE 3 area, and he assumed the same criteria applied. Where there was sufficient space the nermit was yt�anted. It is true ihat those Uusinesses are somewhat different in that they have a pe��iT�anent structure and do not necessarily have outside storage. It becomes a question of zoriing and sufficiency of space. Councilman Starwalt mentioned the cleanup aspect and said he would like that pursued further. M��. Qeckler stated i:hat he would be the responsible person in the matter of cleanup in the back area. Mr. 6eckler said that the permit could be issued in his name since he would be running the operation. Councilman Fitzpatrick commented that he though:�tthe whole thing should be coming from Holiday. The City Attorney said that if the Council is not pleased with the outcome of this, he thouyht the proper rernedy ��ould be to take a look at the zoning code and see what is permitted in the commercial zones and perhaps the staff could give some thought to whether tt�is is a proper use within this type of zoning. The Public 4lorks Director stated ti�ere is a performance bond on the property. The City f�1anager said that if the Council �is inclined to do so th�y could issue a special use permit and add stipulatioi�s to it. In response to a yuestion the City Attorney said that the reason you have special use permits is because within certain classifications of zoniny there are some uses that nnrrnally would be permit;ted, but because of the character of the use, or because of o�her surrounding conditions, it rnay r�ot be appropria±e on all property that is zoned for a particular classification. The reasoning for a special use perrait viould be so the Council could reviear that particular use on a srecific piece of property to determine if it creates any adverse effects on the health> safety and welfare of the residents of the comiuunity or on the surroundiny property, and the burden is on the Council to show that it si�ould not be yranted. The Public Works Director stated tha± thc special use permit is for outdoor display to allow mobile home sales operation. The City Attorney said it could be for an appro- ��riate pei°iod of tin�e, a.i;d one of two things c.an be done: m�ake it for a period of ' three years subject to annua.l review o�° rnake it for a period as short as one year, but he felt it would be with the undei°standing that if the individual complied with the requirernents it v�ou7d have to be renet��ed. He did not think you could have him come in � and spend that kind of money ancl have it in operation only one year. The City Manager stated ihat the outdoor display i°e�}uires a special use per'mit, but the Council fias the prerogative of adding stipulations. That is the basic purpose of a special use peririit. MOT10N by Councilman Fitzpatrick, seconded by Councilman Star;: that the Special � Use Permit SP ,','75-30 be granted for a period of ore year to b� ::.<rable on review at tl�at time with the stipulations ayreed to by the petitioner ' is letter of hiarch 10, 1976 t��hich is thn ayenda, and vritn the stipulations that the office building be viewed as a�rinar7er�t str,icture for tax purposes, and that if a problem developed with the parking, revisions to the site lay�ut ti�ould be made. Upon a voice vote, all voting aye, Mayor Nee declared the inotio�} carried unanimously. NEW BUSINESS: CONSIDERATION _OF_7'riE F3RST ORDIIvANCE Ah�END1�iEhvT ZOA !�7 AV[IJUE N.t.--------- I�vG OF_AN_Oj?�INA^1CL FOR REZONIIdG_ RE�UEST, ZONIPJG 6Y LEkOY HALUNTLOf:, FROM C-1S TO M-l. 1240 73'? The Public Works Director explained that the request was to allow a business enterprise to operate in this area for the sale of new and used classic and antique auto parts. The Vlanning Conirnission recosnmended approval of the z�ning with the stipulation that the remaining parcel of property be rezoned to assure that there would not be an undevelopable parcel of property. He stated that Mr. Haluptzok was not present> how- ever, in a discussion with the petitioner it was indicated that prior to the final consideration by the Council there would be certain agreements with the petitioner �ahereby he would agree to the various stipulations and suggestions made by the Planning Commission. MOTION by Councilman Starwalt, seconded by Council�voman Kukowski, to adopt the rezoning ordinance on first reading, waiving the reading. Upon a voice vote, all voting aye, playor PJee declared the motion carried unanimously. � �; � � _ � � � r � � � � � � L� r � PAGE 4 REGULAR MEETING OF MARCH 15, 1976 w t i n i �v � � �`,_ .._ --------- Mr. Jim Klemp, President of the AI�U Swim Club said that he had appeared be ore the Coun�>>Starwaltas�gge�sted9thatehe�go�to�the ParkscalndnRecreationtCommission Councilman meeting and and discuss the request with themYol'�h dPo�t�slnssociationJabutrthey were not able they referred him to the Fridley to support h�m because they were chartered to operate in ihe Fridley and Spring Lake Park scho��on thatWittb��brougVtrto th�is�Councilonwhichlig why�herisrhere� they made a m The Cit.y Manager sugg�sted the City should encourage desii°ed sports activities and this should be considered in the budgeting process. F1e said fundco1Thisn could be passed that would transfer money out of the contingency arould require four votes of the Council. The City Attorney said he did not like the tivay it ��as being hal�icaaiondtotthegly sugyests �ha� i?� th� �A�J wants additional money, they make app Council and have the Council budcet for it. -ihen ti�e�°e '��ou�d ��' n� problems. The City Manayer' inquired if ther�e were anY outstanding expenses test e�petlsee- paid by the City. Mr. Klemp replied that *he coac�Jnn9aiset`funds9gn addition to the primary expense, and th�t hostiny meets the,/ atches for the meet a rouser. P1r. I:lemp said that vaith the $200 the cos1: of p could be paid. Councilman Siar�•ialt said he recognized the worth of the AAU, and thought the Parks and Recreation Depa�°tment would hane�?ances$?�nOseekiegtfund�S.ilThe aitY Attorneyted the delay caused by tfie var�ious aRp before the budgeC process is said he would urge Mr. Kle�np sor�et.im�e befor•e July, finisred, to harate��hi�YandStheY canl�i�ake aapreposal�torti�elCeunc�l'.trl1The Ceuncil trying to integ had difficult legal probler��s in making the contribution can ke�p in mind tl�at theY iven. at this time> and when the next budyet is made maybe some assistance can e g Mr. Y.lemp said that. in the future they ��ill prepare a financial sheet and a listing of the objectives and go to the Parks and Recreat�onr�nE?ast�not�confinedUto thee some support as this is an on-going thing. The p 9 particular school or schools. P40TIOiJ by Councilwoman Kukowski, seconded by Councilman Starwalt, to adopt Resolu- tion P�o. 30-1976 transferring funds from the continyency fund to sPMayorZ00�foi° patches for the I1AU S�^tim Club. Upon a voice vote, all voting aye, declar°ed the motion carried unariiinously• __ _.,.��,,,,�� n�nr�r�a rn�dNHOUSE IV & V, BY DARREL FARR PREIIDiINARY PLI�T>„P.Sn_�76 � Utvt�urr�� „�.,__.L_.— -- to set the. MOTION by Councon,�theSPlataPtS Se�6n��dfor ��ri�i12om1976ukoUpon�a voice vote, public hearing a11 Voting aye, Mayor Nee declared the motion carried unanimously. T � � ' r ��r PRELIh9INARY_PLAT, P•S• #76-02,_INNSPRUCK VILLAGE�_BY DARREL FARR D__ E�E�OPMEN_ CORPORATION: MOTION by Councilman Starwalt, seconded bYllol��}97�6an Upon�takvoice votetha>> public hearing on Plat P.S. ;'76-02 foi° Ap, voting aye, Mayor Nee declared tl�e motion carried unanimously. Councilman Starwalt askWd ��i,t�clearcit offtaand howtcanSNew [3r�ghtonrclosea°fe� the snow off and vahere the alleged private road. The Public Works Director replied that it is ��o easement Brighton road. It is not to thelSilvertLake4�Roadnisean�easenent andethea waY that extends from Fridley �he develoPer is in the name ofears�leThe sameedevelope ewo�ldlt�ave extendednthebroadwaY 'hton for a period of y New 6righton, but due to finances he no longer owns the property in New 6rig which is still an easement. � t � � � � ' ' ' , � , ' � � 4. � r , �` ' ' '� � � ' ' � � 1 ' � C! � I � ' � I � REGULAR MEETING OF MARCH 15, 1976 � PAGE 5 The City Attorney suggested that the matter be taken up with the developer when the hearing comes up, that the required maintenance be done for a pe�°iod of years on condition of approving the request. The snowplowing and othei° maintenance in this matter was discussed and a�suqgestion was made by the City Attorney that this be referred to the Assessing Division. DESIGNATIOT� OF THE MISSISSIPPI RIVER CORRIDOR AS A CRITICAL AREA: The Public ldorks Director stated that due to the Critical Areas Act of 1973 the Metro Council came up vaith some recornmendations designating the Mississippi River as a critical area, and in 1974 they did adopt some rules, regulations and guidelines, and after some input from all parts of the i��etropolitan area that N1ere affected by the proposal the Metro Council in 1975 finalized some recominendatioris in this area. � The staff did reyiew this and provided some input for the Metro Council in the establishing of the regulations, and since that time we have had a reorganization of the Planning Cominission which now provides for their review. The f�innesota Environmental Commission is reviewing the Metro Council's recommenda- tions and they have co,�e up with recoi��mendations of their own, and these an�endments are currently undergoing a public nearing and this is basically what was reviewed by the Fridley Environmental Quality Curn�i�ission and the Planning Commission for possible input to the public heariny at the tretro level. The question arose as to what other municipalities are doing in relation to critical area. The Public Works Director said they contacted Brooklyn Park and they are providing no input. �rool<lyn Center is proceeding at the administrative level. The piroper person for this at Coon Rapids could not be contacted. The Public Works Director fur�i:her stated that at this point we feel the critical area is fine. I.t is hopefully going to protect certain resources of the Mississippi River by providiny a standai�d for development of the adjacentproperty. The � P1anr�ing Cornmission has p�°oposec± son;e reconunendations to the Ca�uncil on some wording to tt�e f�1innesota Environmental Quality Ccuncil. The letter drafted March 1?_, ' 1976 by J�rrold Foardn�an, City Planner, to the ��1innesota Environmental Quality ' Council indicated those itei��s the Planr�ing Cunimission t�tas concerned about> and these are n�m�bers one, two and foui°. Ttem Nur,�ber 3 was an initial concern of the staff �dhen it was reviewed in earTy Januar�y of 1975 ��there there ��lere some defini- tion problems of what is a river banl< and whut is a i,iver bluff. Ne ha the impression that the area in Fridley is a river bank. The Public �Jorks Direci�or said that Ite�ii fJuinber five in the drafted letter is just an indication of wLat tliis critical area of designation wil1 do to Fridley. � He i°eferred to the memc� he received froin i:he City Planner preceeding the corres- pondence to the MFQC and noted ther�e are ten ai°eas where the City is going to have to be in��olved in es�ablishing rules, regulations and guidelines in relation to the critical area. Fridley 4�iill have to come up with its own plans for enforcing and for basically pi�oviding i�ules for development alony the river. Referriny ayain to the draft letter to the MFQC, the Public Works Director said that Iiem P7uinber 5 indicatPd we feel it will take about $8,000 in administrative costs. This was anothei° item requested in the public hearing notice. ' Mayor Nee recammended that the letter prepai°ed by P1r. Boardman be ami�iended to ' include a change in the proposed reyulations on Paye 17> Item I, Paragraph �2. The change would indicate ..."any non-residential structure...° in the second from the last line. MOTION by Counci'lman Fitzpatrick to concur- with the letter drafted by ,l rrold Boardman, City Planner, as amended a�ith addition in the proposed regulations on Page 17, Item I, Paragraph �2 to indicaie..."any non-residential structure..." in the second from the last line, and adopt it as a statement of our input to the hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to receive the Planning Commission minutes of March 3, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaimously. RECEIVING QIDS AND AWARDING CONTRACT FOR ONE PORTABLE AIR COMPRESSOR (BIDS OPENED 11:30 A.t�l. > MARCH 4, 1976 � i � , � , � �� , � � � � � �� V REGULAR MEETING OF MAFCH 15, 1976 PAGE 6 BID TOTAL E�RAND NAME & DELIVERY VENDOR NAME PERIOD COMMENTS & ADDRESS SECURITY PRICE f�10D[L ! 40 Days Warranty 1 Yr. Air Povter Equip. Co. �234 Certi- $4674 Gyro-Flo 2631 University Ave. fied Check 160 cfm St. Paul , f�1n. Warranty 1 Yr. Mp1s. Equipment Co. No bid 6ond $5196 4lorthington #160 19. 4-6 Wks. w/o QT muffler 520 S.E. 2nd Street No Security $5672 Same - with Q.T.� 4-6 Wks. i/QeaMuffler Minneapolis> Mn. 10 Days Warranty Road Machinei°y Co. 5260 Certi- 55061 Joy 150VQ 2 Yrs.-air 4901 W. 80th St. fied check end 6 t�1o. Engin� Minneapolis, f1n. 230 Ceri:i- $5595 Sullair 185 30 Days Warranty 2 Yrs. Pneuair tngineer � engine-1 Yr/ Sullair North Central fied check w/o . 2000 hrs. 9250 Grand Ave. So. Minneapolis, Mn. pn,r�T�ni hy Gouncil��ronlan Yukotr�l:i to award the bid to the low bidder, Air Power Equipni�nt Corporation in the amount 54,924 (i�id price o� �r��6i4 plus $250 for supplying com{�-1et.ely Whisperized to conform to O�HA specifications). Seconded by Councilman Star�aalt. Upon a voice vote, a11 voting aye, Mayor hee declared the motion carried unaniinously. REC,FNING_BIDS_A��D AG!ARDTNG CONTRAC? FOR STRFFT I�'iPROVEME�T PROJECT ST_1976-1 (QIDS UI'ENCD 11 :00 A.1�1. , MARCH 12,_1976 � - ----- � QIDDER ^ BID DEPOSIT_ LUMP SUM QID ----�- 5 ; �2?_4,727. 39 ¢ury & Cai°lson, Inc. Asphalt Paving Contractors 6008 V�ayzata [; I vd . � P4inneapolis> �iinn. 55416 Ashback Consti°uct:io�i Co. 5i $245>II3£3.47 492 [3arge Channel Access Road St. Paul> Minn. 55107 Dunkley Surfacing 5% $218,813�.23 3737 East River Road �1inneapolis, flinn. 55421 5i �212,319.50 H & S Ashphalt 5400 Industry Avenue P!. W. Anoka, htinnesota 55303 Hardrives 5% $227,238.48 General Contractors 3030 Harbor Lane fdo. Minneapolis, Minn. 55441 Alexander Construction Co., In�• 5� $232,725.30 County Road 42 & Fairyreen Avenue Apple Valley, �dinnesota 55124 � 5� $245,968.97 C. S. McCrossan> Inc. Box AD Osseo, Minn. 55369 Riegger Roadways, Inc. 5% $217,491.31 g2p W. 122nd Street Qurnsville, Minn. 55337 Total Asphalt Construction Co. 5� $238,502.13 475 W. Minnehaha St. Paul, Minn. 55103 MOTION by Councilwoman Kukowski, seconded by Councilman Starwa?t> to award the bid to the low bidder N& S Asphalt Company> Inc. in the amount of $212,319.50. Upon a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ __ _ _ ---- - -- -- _ _- __ _ _ ,�. PAGE 7 REGULAR MEETING OF h1ARCH 15, 1976 IVING BIDS AND AWARDING CONTRACT FOR SEWER, WATER AND STORM SEWER I The Public Works Director stated that with the Council direction they proceeded � through the advei°tising of bids and received bids that were about II% below the preliminary estimates. Leif Henriksen asked the Council to state exactly what his assessment would be. He said that in his opinion the figure of $45>000 was just a round number. He asked for the exact amount. He stated he had been at several hearings on this matter overhdirt�that renained,ondthetproperiyVwh�p'heshouldhhavewbeen�hau�ledaawaydandussion he asked wlio was t� bear the cost. Mayor Nee declared a recess to obtain records and to be able to answer the assess- ment questions more definitively. (Recess Ta4:en) Mayor Nee called the meeting back to oi°der. The Public Works Director said that the Council did provide direction for alternative assessment rolls, but none of the alternatives related to the Riverview Terrace question. The project figures are in, .�e have the low bid and the final figures can be provided. The City Attorney said that tlie Council has gone as far as they could on the matter this evening, and the administration would go over some of these because, as the Council is aware, it is necessary to make a finding of the benefits of the project to detei°min° the assessment. Ile �rould like to be certain what rolls are presented to the Council so it can be logically defended in case a citizen appeals and he would like to review this with tl�e staff. The City Manayer pointed out that this item could be brought back on April 5, 1976, and if the bid is��not awarded in 30 days, it becomes void. MOTION by Couricilman Fitzpatrick, seconded by Councilwoman Kukowski to continue consideration of receiving bids and avaarding the contract for Sewer, Water and 5torm Sevder I�n;;roveiner�t Project fdo. 19 until the meeting of F1pri1 5, 1976. Upon a a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�DER(�TIO�� OF APPf�OVAL Of F_IN'iL PL111 SLIQDTVISIOfd P.S. �75_02, E3Y L[If IIENRIY.SEiJ, GEfidERALI_Y LOCi•TED WEST 01 EAST_ RIVEf't ROAD AND �OUTfI 0(_ LOGAId P11R1<WAY (TA6LED FEQ�tUARY 9, _1976): —T— - -- MOTIOP! by Councilman fitzpatrick, seconded by Councilwoman Yul:owski, to table the consideration of the final plat to research assessment figures until the meeting of April 5, 1976. Upon a voice vote> all voting aye> Mayor Nee declared the motion carried unanimously. RESOLUTIOPJ N0. 29_1976 TO ADVERTISE FOR_QIUS FOR HIGH SPEED PHOTO COPY EQUIPP1ENT: The City P1anager stated that it would be cheaper for the City to buy the piece of equipment rather than lease it, and pay for it over a four to five year period. It would have advanced features and a seven year's maintenance contract. Taking into account all of these things, it would mean a savinys of about �35,000 over the seven years period, and the staff is recomiuendin9 that bids be taken for it. The machine can be reimbursed on a use basis by the different departments, and it does not change the budgeting process. - MOTION by Councilman Hamernik> seconded by Councilman Fitxpatrick, to adopte ui ment. Resolution Pdo. 29-1976 and advertise for bids on the hiyh spped photo copy y P Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously• LICENSES: MOTION by Councilman Stara�alt to approved the licenses as submitted and on file in the City Clerk's office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Starwalt to approve the claims for payment as submitted. Seconded by Councilman Hamernik. •Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • , REGULAR ME[TING OF MARCH 15, 1976 PAGE 8 ESTIMATES: MOTION by Councilman Stai�walt to approve the following estimates for payment. Seconded by Councilwoman Kukowski'. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. League of Minnesota Municipalities 300 Hanover Bui]din9 480 Cedar Street St. Paul, Minnesota 55101 Labor Relations Subscriber Service fior the year March 15, 1976 through March 14, 1977 $2,'L50.OQ Weaver,, Tal l e& Flerri ck 316 Fast Piain STreet Anoka, frinnesota 55303. For services rendered by the City {lttorney for $1,111.00 February, 1976 CONSIDERATIOi4 OF CO��PEtvSP�TION PACICAGE F�R PUBLIC WORKS AND PARKS FOREMEN: The City f�1anager stated that in 1974 the foremen wei�e put in a supervi�ory category except that the top foren;an's salary was $200 higher than the top heavy equipment operator's salary. Recently, after meeting and cenferring with all fiour foremen, the foremen have showed the desire to be t:reated like all other supervisory pec�ple in that tLeir salary scale be in no �tay tied to t!-�e union pay scale. Tr�e Cit,y f�lanager said, svith tliat> he �,;as recoiiu��endating ihat the propnsal submitted be approved. In respense to son�e quei°ies as to why thei,e are differ�ences in some foremen's salaries the City Manager stated that it is aca�rding to position and in rclation to the coinmunity and the degrce of responsibiltiy and perforc�anc�� levels as is true of a11 supervisory per•sonnel. The inarlcet derriand alse influences i:he salari�c. MOTIOfd by Councilman Fitzpatrick, serordr�d by Co�u�cilman Star°,�alt, to a!iopt: the coinpensatien package for Public 4:orl;s ard Pat°ks For�e�;ien as E�reser�ted. Upon a voice vote, all voting ayr�; f�layar Nee declarcd ihe inotion ca�°ried unanimously. ADJOURNhi� NT: MOT10I'�; by Counciltsaor»an Kul:owski, seconded by Councilmai� S�ar4�ral�t, to adjourn ihe meetiijg. Upon a voice vote, all voting aye, 11ayor P�ce declared the regular mce�iny oF'March 15, 1976, adjourned a.t 10:52 P.��i. Respectfully submitted, John Chegwyn William J. Nee City Council Secretary 1�7ayor Date Approved: � CITY OF FRIDLEY PETITION COVER SHEET Peti�ion No, 5-1976 Date Receiveci Apri l 6, 1976 �.�._ Object Retition the City of Fridle to take prompt and positive actian to ave t e owner an occupan , i i am r� c son a y ree , Fri dle , remove al 1 rusted trucks , pl �s other debri s at the above a ress; an a so re ra�n rom oing au o o y wor , we ng a ti re repai r- for outsi ders at his resi dence. Petition Checked By pa�� percent Signing � Referred to City �ouncil � Disposition . ,. . � � . . . � . . � � .. � . .. % � � . . - � . � . . , � ' .._' � . � . . . 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' t ... �� . . . ...... . . , � � - ; � 5 . . �f i /V� �' NV{/�J ��(,�.�J.r �/ _ . .. !!.�� 7 ��..�.i✓Y�%r1..L'7K'i �' � . � . �' "l.Eli��Y4' �� 6 � i;� U � - . _. � �" l � �-�2.v �ti�n._e�''-� � �a � �aZ.�-4.-`_ , � � ,�� c� <� � _. � 6�� `>F. • �'�. ��t ��--4•.3� � � ,� -�3-- i� 1 �? �!1'L � � � � 1 � �� l " �� -� , � , , ...! 7 . ��r<� ,;��= ,�".:=-�� C-��=�U ,.�.,�r� .�,..� ;�-�� . u '� r �:'- G< 4_ �:� _�- i�-�' '==- �r'`' + � S� Yf ` �! � _ � I �_ � 4� ��i) �i 4.• , ��.1�(��C��,t t] l_i � + ��lV'ks`l_�.'+�..i�.i:✓_' ( �r.:"l�c:�Ci.�� - , 1 •T f,. �,% t� ,�'��•G�. -� ;/�'�-,�.. �;"}�j �'C� r>:• f;j1_ 1 `i -� / C_ /+'� 9 / y � � / �� 9 � �� . � �G � �'/� �� - i ' �'�.-� ��, ;��' � -�e�Y- � %.'r'.rC`-tu'h,.. � �� `,f� } ' � I ..s.. _ � � � ' ��..,. �� .,1.;�� 4� �� ., � � , �-� � �-£ �" ``�-��I �,.�' , ^' f `J� � � c `'"`,---� � ' �~� �,�� r � `� � . ' . � 1 , � , IL'' , � �r , : ' i �. C.� �,� I� � �... f' Ol L' ! ti L' :%' y � d!Y �: 4 L� /� � . � /�- ... . _� , � � - ! !� i Ci f.. �` y' � i !r � �' .D rj J' �. ��ri': �- �~ - I f` �: � � � . � . . . f.s:�'�c-i:�`u ��f� � �� ,, ,� � .� � ��1 �"G`T�� r� � j� �' �/ , �' �' i _ . G��J '" t�/ "�-� � • �it� �� " . �d ' �`._ , _ �_ � ; - . � � { .� � �� 1 ' � � : _ f � - . . � i ' + � , ' , ' �J � , , ' r � �� . �� MEMO T0: Richard N. Sobiech, Public Works Director MEMO FROM: � Thomas A. Colbert, Assistant City Engineer DATE: March 15, 1976 SUBJECT: 8id Opening; Sewer, Water & Storm Sewer Improvement Project #119 On March 12, 1976, sealed bids were received and opened publicly at Fridley Civic Center at 11:30 a.m. Attached is a tabulation of all bids submitted. Upon review by the Engineering Division personnel, several errors were discovered in the extension of the unit prices and subtotal addition. However, these errors do not affect the standing of the low bidder in relation to the three lowest bidders. The corrections appear on the attached bid tabulation. It is our recommendation that the contract for the above referenced project be awarded to the low bidder, Peter Lametti Construction, Inc. in the amount of $43,877.05 TAC/jm Attachment �� e � . ii , . 1 ' ' ' PLAi�-lOLD�i'. tdater Products Co. 8050 �ti'aliace P.oad Eden Pr.air.i.e, Minnesota ' SEWER AND 6J11TER PROJECT �f119 �F[2IDI1:Y, I�1Ii�INESO"I'A BID OPI�Ir;G - A'U�RQ1 12, 1976 - 11:30 a.m. BID llEi'O5IT I,1J;�TP SU�4 13ID NO BID 'North Centr�:l Ur.d��br� •.nd, Ir_c. Box 3Z4 St. C1oud, Aiinnesota 56301 ' IRI : � �x.ri, lU4 - tSUa wesz ��uuLy ��du L 5� Ne�a Brigizton, rlinnesota 55112 � ' -- I3-�xbarossa and Sans, Inc. 'General Contractors Route 3 Osseo, Piinnesota 55369 . ,� Nodl.and i�ssociates, Inc. General Co�tractors 'Alexandria, i�linnesota 56308 � �--- De-Luxe Construction, Inc. 527 Emil Avenue SlioreVi�ca, t•iinnesota 55112 ■ '• Q. R. S. Constructi.on; Inc. 1008 riaple Circle , nloomin�ton, riinnesota 55431 � --- �- ___ !�C.W. lloulc Lauclscapin�; Co. , Iuc. 130o West County Road I ' St. P�ul, itin�icsota 55112 NO BID 51 5% 5 °b 5� $53,567.Q5 $68,316.00 $45,586.68 $58,158.30_ $51,883.50 lA ItE�1AItKS Tabulation Error Total Should Be $45,556.68 � ' � .' . SCWER 11i�aD WATER PROJECT �{119 FRIDi.I:T: bl:Wiv'LSO"I'� �_� P.AJ��OLDER ■ Nor.thdale Construction Co. 269 Peninsala Road �Mpls. , P•iinnesota .' l�rank F. Jedlicki Sewer & k�ater Contractor �+621 7.t,lin liaven Road ' 'i�Iinnetonka, Pfinnesota 55343 ']:r�•ain Montgomer_y ConstrurLion Co., Inc. . 7.088� - 89th Avenue N. ' Osseo, Plinnesota 55369 ,liennen Construction Co. Route 1 Box 138 Loretto, Piinnesota 55357 , � Bianconi Construction Co. ,9$b Bayard �1ven.ue St. Paul, Piinnesota 55102 � --- ----- ■ Arcon Construction Co. - 903 E. For.est Street 'riora, rSinnesota 55051 � American Contracting Corp 1540 Yello�abrick Road , Coon Rapids, Minnesota ' G.L. Contracting ' P.0 Box 340 ' iiopkins, Plinnesota �Neter I�a�iet�i Constructi_on, Inc. 615 llrake Street' SC. 'Paul, Tiinnesota 55102 BIll D�POSiT 5% 5� 5% 1 : 1 5% lo� 51 � 5� 5� 1 B PAGE 2 LUAZP SU�I BID I�;�IEIIti:S $52,965.50 $45,274.00 $55,844.45 $53,098.00 $55,o2s.9a . $48,837.76 $57,534.40 � $43,797.05 Tabulation Error Total Should Be �43,877.05 ,� ' �.. . . . ' , . Sr4lER Ah�D 41/17FR f'ROJECT �i119 � � 1 C I�IZIULI.Y, hlll��iL:SOTA , . � PAGC 3 � ,� � � • PI��II�-�OLD�R LTll D�POSIT LiJ�iE' SUM l3ZD ItED1A1ZKS Austin P. Keller Construction, Co. � � • 481 Front Avenue � � I' St. Paul, riinnesota 55117 5% : �72,889.80 ' . .., , � Beatson & Kelley . �. � . 1434 [•;est Californi.a 5% $52,442.80 ' . . ' � St. Paul, 'rlinnesota • . � � . . . . � � .� ' ' . . . ' ---- -- ' ' ' . ' _ � �� -i . ■ . 1. . � . � �1 �� . � CITY OF FRIDLEY PETITIUN COVER SHEET Peti.t ion No. 1-1976 Date Received Md►^Ch 23, 197f object Residents of 71 2 Wa.v and Parcels 5180 5220 and 5360, Auditor's � :'� Subdivision, do h.ereby petition for the installation of sanitary sewer and water improvements and rec�uest the 9m rovement to be made in the sunmer af 19760 � Petition Checked By � Date percent Signing Referred to City Council Disposition 2 0 �j y � - . . ' � � : � . ` Y . . . . . . , . • . . .' . • II '��. . � ` ,. , : . . _ . . - .. . . . . .. .. , • , . ..� ; . � . - '' . , , ;• � . . . .. � . . 2 A ._ i ; ,. . . . , . � ;�� , : _ - -- -- _ '-�-- � �-.- - -- _ - _ : , j %/y . __ ._�-- . ; - � - . - -- ._ �'�__----�--`' �S-',�'o �5�..�c� � _ _ �'S3�.C� ' � �' �-` ��- '� _ � _ ;�.e.� -- Q��. r_�o ---- - - — , . � �� < < _ . _ -- - _ - -- - --_ _ _ . _._ _ _ _ _ -- - �! s _ - _ - � iy " , � --- -- -- - 7��- , . ' � _�. . . _ �� , . ,, . 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Q� Q�uQ�z° hi z _, x � �Z YQ � V ' � N Q v r z W► �l <<��Z=� �n�U H W �+V � t ��0��.�- C� � �. � Q � �. �� M Y � N � `w; �. , � v� M � � � J c . �' � � �. �w W j �4 � �. � � '�. p V � � �. � � � � � W Q V � �i e . 1 � wr� a �g �� „W !� o� 2 � W= �e �� O� �� ---- � � .�__ _ - __ -- _, . � /c�o�/SS� ^ -� SS --_____ _ _ �----- �__ _ - CITY OF FRIDLEY PETITIUN COVER SHEET � Petition No, 2-1976 2C Dat� Received MarCh 23, 1976 object Residents of 71 2 i�ay request street improvement of ?1 ; Way to Parcel 536Q and the improver�nts to be made in the surrmer of 1976. Petition Checked By Date '� , Percent.Signing Referred to City Council Disposition , . � � . � . ` . � , � +� ' _ , j; '_ : � �"_ � �' __.__ ��i��. 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' ' �� I \. f _ . �_�....�� :, : ��,d�s�� :- __ ss ``'-�..�„�_ - -+�_ _ ._ � . . `L � � l . .� � CITY OF FRIDLEY - PETITIUN COVER SHEET � Petitian N.�. 3-1976 � � � � �� Date Received Marc�,�0,_„]97� — __ � object Approve the development of Part of Lot 35 (Parcel 5230 and Part of � Lot 33 Parcel 5160 Auditor's Subdivision 77 into Henriksen's Addition � and the installation of water, sanitary sewer, storm sewer and street to se�°ve the p1 at and assess sai d proper�y. � � Petition Checked By Date ' , Percent Signing. - �. ' Referred to City Council � Disposition � � � � � � � . � �� • � _ I.� . � • • March 30, 1976 I9 the owner and developer of Part of Lot 3� (Parcel 5230) and Part of Lot 33 (Parcel 5160), Auditor's Subdivision 77, Frid7ey, M�nnesota, her�by petition thc Gity af fridley to ap�ro��e the developmeni of the abave ri�entioned lots into Henrikser's Additione I alsa pe�ition th� Cif:y to put in water, sanitary sewer°9 s�orm sewer and si:reet to serve the plat and assess �he �aid property. This petiti�n is based on the understa�nding �.hat� 1. Total assessment costs of water°, sew�r, s�orm sewer � under Project #�19 and street improvem�nt under Praj ect S7 e 1976m� far thi s p1 at wi l l k�e $�°1 �� o 2o The front yard s��tback for �11 the lots developed in the plat wil� be 3G fee�. 3. Th� .roadway wid�h servinq this plat wil� be 25 feet with concre�� curb�ng arid bia��top surfiace. I further agree tha� I will pay $2400 �For pa'rl: fee for �his addition before the plat is signed by the City. � 0 Witness: . � �„� , • /� �Z� 4-c, � � �;�J r�/y. . Lei Henr' sen � 2G . '; -' r .' i',��`' .i �.. ,; 2 !� ��- _ !,�/%/SS�S Sj�°i°/ ._, .. _ _. _, , � --=--� - ..r.._...�,_ � � �_ ._�� _�- �--�---_� �i � �---- �_.___ /� �, n� w<..i„� . �.` - -�� _ - • � ��r.. -� � �'3 i ` y 1-- - `--�- -- -- ' `� \,� -~ _ ! ��x..�. •.'?�,.i..•"'��-_`_`_ __ � i __ _ +L L-P , • � � i � . t � _ .�.. �._ _ , j _ : ! _s J ' • � � . + , ` .� �-� � _ �,�__ � (-r-�-�' �- 1----.-�--r-r� �.� -'-- r I �_y1 -"`,�� - ,}„-z'.Y__�^_ ' �-��_` f� � ' i i �i . �' : �,� : � � �J^��.�" . .�_. ' ._ ��_` 1 �. �`'.,1�`�C _.t .`C -,kq 1� V._✓ _ , _ ",.{w ' v�eah�s� Q;i� �',� � .�-_ <.:. .. . i ; -� � y � `^ ",. �� j�' �� O °u'�' i� �" �4� �, t �.. J , �; �� . E 1 7: r i � rG--� ` '_ D 3`i� 4 a� t� �. t� � '� iy� t � . s 4 ' +� 1 ' � i . , rv� .. 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AVEfVUE -�_i I�. tf, � � o iO ��l , � , _ � ^��r... ; I" � I I..., ,' I �� r :j�!'f' �° t � �} f � �� ?�t �' �� i ( `1 "�j�i �,\� �,�` � i~ ` I �..��i I� •E. :� i ��'1 •�, ^1`_ �r..,� � yr t., t�. ��- ��- • i I ...1..�� I I ��r'R/C` � Pti; � �� ' . � � �, ` 3. �, r .� ..s_ .'�• ^�.rt._ t��_...J.r.lr ek` �1� ��:o` �''°av;'+ c.La W;ti��^ �� a ;�riM� �'-\ �` ` -..> - -- "' - n !��'. �_ � - .—. 1 � � '� � ; R � : � �� ,'� �q �� ' I . � I M y1 r'� � J ^, --+a �� i : i rl + �r� ,��i.it�tr' � I � � I` s; �� •.. �. �tivx�� 1� 'j. !�c i��;C i �v • iY • �l � ~i\ .� __F�L�/'�'�! /�i!)t�'° R �`./ w��a'7 � I IwI�....�� 1��=ril..'Yl;' �- �� -""` � �-,� �r..� � �! ,�;:l� .r�v,�.ir.�l r � ____ �'� �-'. a - - . -,�r,; t-:.�.:: �-- _� �. _i!&L-iN6TpH --_ _ -- - ,.�._ ,...�,.�-�+:.: i ''»<'!� --- -_ -''� - --=-INC -= -._ �� = _ • e --=:----� . _ f r T�- i � �- -r, __ NORTi{ERN �---L'_ �ru - - � ---- a' > i ;, { .J,�.h.. --�_1..� ._ _�3.`��11��[. . T..i �..._..�— �-�_'.�— �. �_ ? ./.�.�� .� ' N� ; � � r . 2 � \ \ �^ I� , \ � . � • f�w.r. . iM� _ (jl- C ~.� 1 i ��`1 1 � ' . � � . , i." � (y� !� . ��`� �a '� � i ' � w � � f' � � � �!� n~ X a ' , � { i � � ' ' � REV � � ' AUD. SUB. c�j` NQ 7% �� w CITY OF FRIDLEY PETITIUN COVER SHEET ..: :. .� 7 . . , �y .��_. 0 PeCition No.. 4-1976 21 . Date Received Mdt"Ch 31 , 1976 object Jani�e and Benedict Novak, 145 71st way, owners of Part of Lo� 34, � Parcel 5204), Auditor's Subdivision 77, petition for the installation of water, sanitary sewer, storm sewer and street to serve �he above captioned p rope rty . . Petition Checked By Date � Percen� Signing Referred to City Council Disposition 0 J �` • , . � ..� March 30, 1976 We, Janice and 6enedict Novak, 145 71st Way, Fridley, Minnesota, � 55�32, are the owners of Part of Lot 3� (Parcel 5200}, Auditor's �Sul�division 77, Fridley, Minnesota, and hereby petition the City of Fridley to put in water, sanitary sewer, storm sewer and street to serve the above mentioned property with the understanding that: 1. The total assessment costs of water, sewer and storm sewer under Project #119 and street improvement under Street Improvement Project ST. 1976-1 for said property wi11 be � j t , � � S • 4-5� 2. i'he roadway w�dih serving this property wili be 25 feet with concrete curbing and blacktop surfaces 3e We have received a fair market value offer of $%L��f �� -' from the City for dedicating the easterly eighteen feet of said property (which is presently a private roadway easement) to the City of Fridley for purposes af street and utility construction, and we accept that offer. �., j��S coS t�-Nv .�F�'��Mcr�-r es f�.�s�=D �r� S�'L! �� t� �? t� � ��-n l�e" t' � i'. 1 r� i v Tr,� � L e� � s G��' L:' f� � Ji 'i � � (`1 i�,-' w cv t-0� �-Ll. 0 LJ f,l � j p �i�L! j '%N� �%D!"C-� %� ��i /-1 5 ��f' t-� Le T 5 f'G / i /� S TF��f� �--� � �-,� ; ; �,� � . �.�-��C1 � . 77 , - �. ��.��:.�� . �.�� /� �� ! � C��.,�.�--�-�, - ZJ • V ' . _' _ � _ _ r��_,_r..� ... ..__�..� i OQ � i tt onr ,�� •ens�and � , -�. �3� � � , ; � ; , ` � � . . : i� ' ew 1° .! � ,. y'�Sif i � '�n.^� :� .. � �.j�..•�. ., � ,y' �ib , r A� '� � ' � � �� , �,4;-��, ,• ..: . - K �, ...., . 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';S � "> � . ��{-.�'� � . �' � j"1 '•� 7 ' . : ; �'� � 0 :� 1 . . � r _i . �t � � � i I' ' .� . t � - 1 1�. � � _ . � . . t � -_ � � � , � �. 0 � �: 0 � r� � � � � ,� ' o`` a. O � . 4.. . � � EXHIBiT A � r 3� � �, � � � N., z '-- � . �� ..� � - � �. � � . u� �� . � . w ua � . � cn :� -•- ac�. d y`�' crs � � d � .. � �� r�o t- �- � f-- • W 4 4 �rr w 3 N. � � � in i�cvrt- a ' c� ra r,� c� G � y UJ W I�J W V N C/l (!) Cf1 � � a n.. n. o.. � a a�� Q a. a, a a.. F-- • , � � w � i �F � f � C � � � 0 o f� .� � . � � �� , -�-__ 3�11b�31 M3I11b3AId I � 1 ? �17 �� 0 ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKTNG A CHANGE IN ZONING DISTRICTS TNE �COUPJCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: SECTIQ�1 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 18, Block 2, Central View Manor Addition, except the East 125 feet t!�ereof, lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, . Is hereby designated to be in the Zoned District know as M-1 (light industrial areas}. SECT:[ON 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1S (local shopping areas� to M-1 (light industrial areas). PASSED SY THE CITY COUNCIL OF THE CI7Y OF FRIDLEY THIS DAY OF , 1976. Attest: CITY CLERK - Marvin C. Brunsell Public Hearing: March 8, 1976 First Reading: March 15, 1976 Second Reading: Publ�ush........ MAYOR - WILLIAM J. NEE �t i 1 � 4A AGREE24ENT ON CONDITIONS FOR SPECIAL USE PERMIT, SP �t75-29, TO ALLOW FOR SALES & STORAGE OF PARTS FOR ANTIQUE AND CLASSIC AUTOS I herE�by understand and agree to the following conditions on the issuance of Special Use Permit, SP ��75-29, to allow the sales and sL-orage of parts for antique and classic cars located on Lot 1E3, Block 2, Central View Manor Addition, except the East 125 fEaet thereof , all lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. ]L. Special Use Permit ��75-29 shall be limited to the stiorage and sales of dismantled parts for antique and classic cars and will exclude any dismantling operation, restoration, or bailing on the premise. 1. The existing structure be brought up to present Uniform Building Code requirements. Special note be given to handicap and floor load requirements. ��. The rear yard area will be screened by a solid wood screening fence 8 feet in height. � �f. All exterior storage of material must be located in the rear yard and shall not exceed a height of 2 feet below the height of the screening fence. �i. A landscape plan must be submitted and approved by • the City Administration before a building permit will be issued. An exterior development bond is required based on the final approved landscape plan. 6. Provisions for sufficient off-street parking sha11 be provided. Additional stalls will be provided at the City's request. FailuY�e to comply with these conditions will be cause for revoki.ng Special Use Permit, SP 4�75-29. �� , � - 2 �� %� LEROY . HALUPTZO DAT �A • `• V • � Planninq Commission ��eeting - January 21, 1976 � .� Pag�,8-- 4 B � couldn`t be in a cor�nercial zone. Mr. Narris said he believed this was a quirk in our zoning ordinance. Mr. Feterson said he agreed V1ith Mr. Bergman but �ve can't hold up the petiticner� while ��e change the Code. He said the petit�oner seemed happy to operate under the existing Code. � , � 2. PUCiLIC HEARING: REQUEST FOR A SPECIAL USE PERMI?, SP �t75-29, 6Y LEROY T. HALUP7ZOK: Per Fridley City Code, Section 205.131, 3, A,8 to allow the sale of parts for antique autos in t�-1 Zoning (light industrial areas) , . 1ocated on Lot 18, 61ock 2, Central P,venue l�ddition, except the East 725 feet thereof, the �ame beinq 1240 'l3 1/2 Aver.ue N.E. ' , ' , , 1�OTION by Petetson,_ seconded by Berqman, that ih� Planning Commission open the Publzc Hearinq on the request for�a Special Use Permit, SP �7S-29, by T.�rroy T. Haluptzok. Upon a voice vote, al]. voting a�, Chairman Harris decl��red the Pub�ic Hearing open at 9r03 P.M. Mro Bell said �.��e Pla��n�ng Commission had already discussed som�• of.�the modifi��tiens that woulu ha�F to be made before this house cauld be used.for the sale of parts for antique and c1assic auto parts. ChairYran Harris told Mr. Be11 that any siqr� they wantecl for this business woul ci be a separate permi t and t-:ou� d have to meet the ree;u i rements of the sign ordinance. Mr�� Harris �a�d that sometimes there was canfUSion �vhen sameone requE�sted a Specia� Use Permit and a building permit that the sirn permi� w�s separate also. �Mr. Peterson said that Chairman Harris had mentioned earlier that care � should be taken in �pproving �he Special Use Permit and he �vou1d like Mr� flarr�i s�o state ro� s�houghi.s or� thi s matter. Mro Harris said he thvught there should be stipulations that there be ' no dismantling or stripping of automobiles on the premises. There should also be no baling a11oi��ed. Mro Baa��dman said that there should be no junk yard operation, just th� storage of parts to be sold. Mr. Harris said there 'sf�ould not be storage of old cars or any restoration done on the premises. � These were all stipulations that he would like to see on this permit. ' Mr. Bell said that from what P�r. cons i stent �vi th �vhat he p�f anned to do any objection to these st�ipulations. � �. � ' Hal uptzok tol d hir.i, thi s t��ou1 d tie on this propertyy SO �I121�e wouldn'i be MOTION b� Peter.son. seconded b� Langenfeld, that the Pulbic Ifea2'ing be closcd on the request for a Special Us� Pe.rm�:t, SP �75-29, by Leroy T. Flaluptzok. Upon a voice votc, a11 voting aye, Chairman Ilarris dec��red tl�e Pu1�1ic iicar.zng closed at 9:10 P.h1, MpTION by F�.tFrson th�t the Planning Commiss.i.on rc�commend approval of the re�uest for a Sp°cial Use Per.mit, SP {l75-29, b� Lcroy 2'. H�lupzak with the stipulatians that have been mentioned and an� other. stipul�tions th�t the s��tf'f t_hrxr�l�t should �b�.� incZuded af. tez� fui'thcr rGSeai-cl�. Mr. Boarchn:r� asl:eci if the Planning Commission tfiought it ti�ould be better� to sta�te "1:o c►nly allotiv" instead ofi mentioninc� all t}ze thin�s th�y ��rouldn't all��.1, such as allo�� the storage and sales of d�smant�ied parts for �ntique and �� Plannin Comrnission Meeting - January 21, 1976 pa9e g 4�� classic cars. Mr. Peterson WITIIDREW his MOTION. • MOTION by Langenfeld, seconded by Peterson, that the Planning Commission recc�mmend appxoval to the Cit� Council of the request for a Special Use Permit, SP �'T5-29, by Leroy T. Naluptzok, as indicated by I'ridley City Code Sectiorz 205.13I 3, (A,f3) to allow the storaqe and saZe of parts for antique cars on Lot 18, B1ock 2, Central View Manor�Addition, except the Eas� 125 feet tbereof, the same being 1240 73 1/2 Avenve N.E. with the stipulat-ion tha�t we make cert:ain that tlie primary use be adhered to, with no dismant).�.ng he.z�ng a1l.owed on t:he premises. Mr. Bell said the questian had come up previously on what was an antique car� He sald that this ��rould include classic cars. . Mr� Langenfeld said he would amend the moti�n ta include classic cars� seconded by Mr. Peterson. ' � Mro 8oardman sa�d the primary use under the Sect'ion o-F �he Code stated say> junk yard, and that was the operation we didn't want to a11o4v. Mr. Langenfeld said the wor4 primary was used in i;he motion just to denc��e that the primary use of the special use permit would be the storage and sales of antique and classiG auto parts, not i:i�e prima�°,y use under this secJ�tion of the Code, but he didn't like the ��rord "only". Mr. Bergman said maybe they could use "limiied ta" �nd then exclude the other �xses. Mr. Boairdman said they could exclude dismantTing operationss restoration and baling. Mr� �,angenfeld WITHDREW his �.tOTIDN, with tlie concurrence of Mr. Peterson, who had seconded tl�e motion. � MOTIO:J by Langenfeld, seconded by Peterson, that the Planning Commission rec�mmend to Council approval of the request for a Special Use Permit, SP #�5-?.9•, by Leroy T. Halupzok, per Fridley City Code, Secti�n 205.131, 3, (A,8) in M-1 zoning (light industrial areas) located on Lot 18, BIocY. 2, Centxa2 View Manor Addition, except the East 125 feet thexeof, the sarrce being I240 73 1/2 Avenue N.E. This Special Use �°ermit Zimited to the storage and sa2es of • d.�smantled parts for antique and classic cars, e.xcluding any dismantZing operaiion, restoratacn.�. or baling on the premises. Upon a voice vote, aZl voting aye, the motion carried unanimously. 3. PUBLIC NFI'�RING: REQUEST FOR A SPECIAL USE RERMIT, SP �75-30, BY REED BECKLER: E'er Fridley City Code, Section Z05.i01, 3, N, to allo�v rr�obi7e home sales in C-2S zoning �general shopping areas) to be located in the vicini�:y of the Southwest corner of the parking lot at Holiday Village ' North,.on part of Lot 13, Auditor's Subdivision No. 155, the same being 250 57th Avenue N.E. � Mr. Reed Qecker tivas present. FIOTION by Peterson, seconded by Langenfeld, that the Planning C�mm.ission open the Public Ifearing �n a.request for a Special Use Per�nit, SP 1{75-30, b� Rec:d Becklar. Upon �� voice vot-e, a11 vating aye, Chairman Harri� declared the PuliJ.ic llearing apcn at 9:18 P.1�1. � � n y -� • .� � ''�,� ,�, + J a ~_,,,..�ai x ` �j Or"'1,�� aY39�.�"ti � "�' .�.. � �.�. � . � � 'T L \ �; - ' ' �*: ' � '�� t � �'' ` 1" ZOA #75-07 LEROY HALUPTZOK � " a „ ,. �m'�- �^ -- ..,.... 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AN ORDINANCE TO AMEND THE CITY CODES OF THE CITY OF , FRIDLEY, BY MAKING A CHANGE IN �ONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: � That part of Lot 1, Auditor's Subdivision No. 25, described as follows: Commencing at �he West Quarter corner of Sectian 24, Township 30, Range 24; thence North 89° 29' East, (assumed bearing) along the North line of said Lot 1, Auditor's Subdivision No. 25, a distance of 261.42 feet to the Northwesterly line of Parkview Manor Second Addition; thence South 46° 08' West, along said Northwesterly line of Parkview Manor Second Addition, a distance of 0.4 feet to the South line of Hackmann Avenue as platted in said Parkview Manor Second Addition, said po�nt ��°ing the actual point of beginning of the tract of land to be described, thence North 89° 43' East, along said South line of Hack;,�ann Avenue, a distance of 111.04 feet to an intersection with a line parallel with and 120 feet l.�Jesterly, as measured at right angles from the West line of Sexter Addition; thence South 3° 22' 43" West, along said parallel line, a distance of 285.5 feet to an intersection with a line parallel with and 160 feet North of the most Southerly line of said Lot 1, Auditor's Subdivision No. 25; thence South 89° 40' 35" West, along last said parallel�line, a distance of 242.79 feet, to an intersection with the Easterly right of way line of State Trunk Highway No. 65; thence Northeasterly along the Easterly right of way line of State Trunk Highway No. 65 and the Easterly right of way line of Old Central Avenue Northeast (County Highway No. 35) to the point of beginning, except the South 125' thereof, all lying in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as C-2 (general business areas). ' SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1S (local shopping areas) to C-2 (general business areas). � � � �I� ' PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1976. ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: January 12, 1976 First Reading: January 19. 1976 Second� Readi�ng: Publish...'..... MAYOR - WIL'LLAN J. NEE DAY OF Planning Comm�ission Mec�tinq - December 3, 1975 _ Pa� 9 he had to rel:urn i:o �vork. -� 5A Mr. t�terrell asked if this proposed garage hadn't been the second accessory building, vrould he nend a Special Use Permit? Mr. Boardman said no,he wouldn't. � Mr. t�1erre1l said i��e had a friend on 46th Avenue who had a garage and had gotl;en � a permit from the City to have a storage shed v�il:hout going through the Special � Use Permit process. � Mr. liarris said i:hat if Mr. Mei°rell already� had a garage, then he could have the storage shed, but because he already had the storage shed, the garage had to be considered as the second=accessory building. Mr. P1erre1l felt hc would be better to move the storage shed off his property uni;il he I�ad the garage built and then come in and get a special use permit for his storage shed. He said ii sounded like it ��lould be easier to get a special use permit for the stoi°age shed than the garage. � Mr. Har�is sai� he should argue this out with the C�ity Council because they had the finu! say on this request. h1r. Merrell said he would rather have had af recommer�dation for approval by the Planning Commission tf�an no recommendati�r►. Nr. ftarris said he was close to having a recommendation for denial, so he should be hap,^�y that it went the way it did. Mr. Langenfeld said the reason he abstained was because while he was �n �favor of the Spec�ial Use request being approved for a garage, the size of the garage kept him from voting far approval. Mr. Scott said he didn't want Mr. Merrell to leave this meeting feeling that the Plarr.�ng Com,mission d�d�;'t have cencern for his rights as a property ot�rizer; as it was just the size of this garage which made them have reservations in consid�ring this request. He said that if ihere hadn't been this concer�, they woulc have vated for denials ins�ead of leaving the decision up tio the City Counc�l. MD'lION bLi Scott, seconded by Bergman, that the rules be suspended �'or the purpose of mak.ing a motion to direct the Community Developm�nt Commission to address it.sclf to this type of problem and then make a recommendativn to the P1.ann.in.g C'ommiss.ioii on how to handle suc1� problems. � f�ic•, (�oardman sa i d �hi s coul d�e ha�dl ed when the Communi ty Devel oprnent Commission reviewed the zoning code. Mr. Harris felt that this would be too f�r into the future, and they could just review this aspect of it at this time. ' �I , ' � � UP�N A VOICE VOTE, all voting aye, th� motion ca�ed urlanimously. �, PU[3I.IC hEAR11VG: REZONING REQUEST� 0�4 ,�75-06,iBY UtdION QIL COi�1PANY: To rezone �art of Lot 1, Auditor's Su�SCLi�isi_c��yo. 25, from C-1S (1oca1 shoppzng � areas) to C-2 (general shopping areas) to i��ake zoning consistent with use as a service statiai�, the sa��e being 5695 Nackmann Avenue N.E. 3. PUQLIC NEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-28, GY UNIOPJ OI� CUM�'11hY� To pe�°�>>�i: tne continuation of ari existing service station, per Fridley City �ode, Section 205.�51, 6(3,E), on part of Lot 1, Auditor's � Subdivisiai No. 'L5, the s�n�e being 5695 Nackmann l�venue N.E. � ' LJ � � � Planning Commission Meeting - December 3, 1975 Page 10 __ � B MOTION by Petexson, seconded by Scott, that the Planning Conunission open the Public liearings on a rezoning request, ZOA N75-06, and a request for a. Special Use Permit, SP 1/75-28, by Union Oil Company. Upon a voice vote, a11 votinq aye, Chairman Ilarris declared t}ie Public tlearings open at 9:03 P.M. Mr. Glenn H�bbard, representi-ng Union Oi1 Company, Mr. & Hedlund, who own the property just West of this proposal, and of 5747 Central Avenue N.E. were present at the meeting. P1rs . Le.wi s Mr. Glenn Nelson Mr. 6oardman said that Union Oil Company first asked for rezoning and a Special Use Permit back in 1972, in order to bring their property into compliance with the City Code. At that time, we were having a revitilization of the intersection of Hackmann Avenue, Centi�al Avenue, and Higharay #65, and the plans had not been finalized. The rezoning wasn't denied, but Union Oil was asked to ��Jait until the road p1an had been established. fVow, we do have approval for the preliminary plans for this intersection, as shown in the ag�nda. The final plans are noa� being dra4vn up by the State Highway Department. Therefore, Union Oil Coiupany has again submitted their request for rezoning and a Special Use Permit. ' t�lr. Boardman said the the request was to change would make the use of the 1 zoning code. Our present with a Special Use Permit. zoning. present zoning was C-1S {local shopping areasl and this to C-2 zoning (general business areas), which property for a service station consistent with our code requires a service station to be in C-2 zoning A service station was not an allowed use in C-7S � Mr. Goardman said the staff felt they �,vould go along with the rezoning reques�t and approval of the Special Use Permit. We do need some additional easements for Hackmann Avenue. He said that this should be one of' the stipulations i � of the rezoning: Mr. Harris asked how much of an easement vras needed? ��Ir. Qoardman said the plans were in the process of being drawn up, bui he believ�d they needed a 10` easement on the South side of the property on Hackmann Avenu�. ' Mr. Harris asked Mr. Glenn Hub6ard how much this easement would affect the operaticn of the service station. Mr. Hubbard said it depended upon how much boulevard was required. Ne said there was a 10 boulevard there naw, and with this ease- ment, it ��ould brinq it up to the present inside curb. He said that Union Oil ' Company wasn't too concerned about that no�v, because they did intend to rebuiid this station and move it to �he South on this property ti�ithin th� next 18 months. ' He said that any hardship they had, they could live �vith until that time. He ' said they needed a r��inimum of 14' from the island to the curb, aiid he didn't know if they ►,rould have that. � ' � � ' Mr. Hubbard said they had been operating under the present zoning since 1954. He said they had been in the correct zoning un�;il the zoning code was changed in 19G9. He said ivith the change in the street, they would have to relocate�the building so they would have better access for this station. Mr. Qoardman said that as the final plans ��►ere just being drawn up for the intersection, they were not sure as to tl�e actual amount of easement needed. He said they may only have to take an easement on the'Northwest corner of the property. He said they had originally thougk�t; they ti�auld need a 10' easement across the entire front of the property. Mr. Hubbard said that if they could have the 14' on a temporary basis, he didn't think they would have any problem. Mrs. Nedlund asked if when the station was relocat�d, would this be any� � . Paell 5� Planniny Cammissian Meetin - December 3, 1975 � closer to the house at 930 tiackmann Avenue than it was at the present time. Mr.. Hubbard said it wouldn't be. They would be relocating further South on the ]ot but it would be in line with the present location. � � � � � � IJ , Mr. Glenn Neison said that Union 0�1 Company had been a good neighbor, but he was concerned that any further comiiiericalization of this area could change the residential atmosphere of the area. Mr. Hubbard said that at the time of their �revious request, there was a loop back plan, and they had intended that a 7-11 Store a�ould be going in on their vacant property, bu1: ihere were no plans for this property at this time. � Mr. Louis Hedlund said that they felt that Union Oi1 Company had been a goo� neiyhbor. He said his prime concern ��aas what type of business could be located in C-2 zoning,'if Union 0i1 ever decided to go out of business at this location. Mr. Qoardman ch�cked the zo��ing code and deterinined that there vaere a lot of similar uses that vrere allo��ed in both zonings. The only things that were allo��ed in C-2 zoning ar,d rot C-1S were bars and taverns, commercial recreation, .�estaurants, exc7uding Drive-Ins ,�otels and motels, hosp:tals, �, �� clinics, nursing hon�es, convalescent homes, homes for the elderly, vocational trade scho�ls, laboratories, medical, dental and optical, and harmless and inoffensiti�e labo•rataries accessory to permitted uses, in same building, and theatres, lodges, assern�ly halls, and auditc�°iums we��e allowed in both zor�ings bu� in C-2 zoning tl�ey could seut more than 30U people. Mr. f3oardman said another difference in the zonings �4�ere that there were no uses allowed in C-1S zoning t�rith a Special Use Permit, while there were uses aiiocved in C-2 zoning �vith a S�ecial Jse Permit. Mr. Hedlund said that they felt that �A�hat ever Union Oil Company wanted to do on this property, they were in favor of it, but they wanted them to be able to do that 4ti�ithout rezon�ing. Mr. Harris said the problem ��as that they couldn't do wrhat they �vanted to do, wi�hout r°zoning. I�r. Peterson said it bothered him that a company came into Fridley and ' invested it's m�ney in good faith and has paid taxes for many years, then ��ve changed our zonir�g code, and they have not been able to expand tf7eir busiiiess or i�ave the sai��e due process as other businesses in Fridley, and he felt this ' was an inequity. lie sa�d they have wanted to u�grade this property sinc� 1972 and �hey are still wa�iting. � Mrs. Hedlund asked if i;here 4vas any control the Planning Commission could put on this pro�erty if it was zoned C-2 as to what �ype of business could be located on �his property. P1r. Scott said they could not contro1 any use allo4ved in C-2 zoning anymore than they could control any C-1S use allowed, if this � . property was not rezoned and Unian Oil Company sold the property. � � � , t�fr. t�arris asked'how large the property was that Unian Oil Company �,ras asking to have rezoned. Mr. Boardman said he thought it was approximately 20,000 squar�e feei:. Mr. P�terson said the size of the property wouTd precl�idc a lot of the uses allowed �in this zoning because it wouldn't be large enough for a Ueer tavern or trade school, hotel or matel or some of the other uses allowed because after they had the building up, the,y wouldn't have room �o meet thG park,ing requirer�ents. He said the size was best suited to a service station use. I' , .A Pa e 12_ _ 5_D Planning Commission Meetinq - December 3, 1975 � � � , � � � � � ' LJ � 1. � � ' � � MOTION by Scott, seconded by Peterson, that the Planninq Commission close the Public tle�ring_on rezoning request-, ZOA 1175-06, by Union Di1 Company. Upon a voice vote, a1.I�voting aye, Chairman fiarris dEClared the Public Hearing closed at 9:46 P.M. . _.. � • . .. .. . .. . .. r10TION by Berqman, seconded by Peterson, that the Planning Commission recommend to Covncil approval of the rezoning request, ZOA {175-OG, by Unzon Oi1 Company, fo rezone from C-1S (Iocal shopping areas) to C-2 (general business areas), . part of Lot 1, Auditor's Suhdivision No. 25, to make zoning consist-ent with use as a service station, the same beinq 5695 liackmann Avcnue N.E., wit12 the stipulation that they provide the necessaru easement for l�ighway purposes. Mr. Scott said he was going to vote against this motion because he felt it was inconsistent ti-�ith the zoning of the surrounding area and was a classic example of spot rezoning, u�hich effects may have ser•ious long range implications thai: we are iotally at present totally unaware. He felt there �•aere adequate means for the operator, or o4timer, to improve the property as it was presently za�ied, and ',�h�re►�t business o��ortuni�;ies caused by such improvement, and because of the oppos�ition of the surrounding property.oum ers. UPON A Voice vote, Bergman, Harr.is, Peterson, Langenfeld voting a�e, Scott nay, the motion carried. ��1r. Hedlund said he didn't understand ��hat a Special Use Permit was. Mr. Boardman explained it to him. Ne explained tl�at if the Special Use Permit was granted to a11o��J the operation of a service sta�ion on this property, tha�; the Special Use �-�ould only be in effect as long as the property had that use. If �he use changed, and it ti-;as something else that required � Special Use Permit, �:here v�ould be another Public Hearing, as on this Special Use. Mr. Hedlund said he didn't want it to appear that he was in opposition to anything tliat Union "76" wanted to�do. Ne said tl�ey had been a good neighbor and they have always kept their promises. He ��as just 4�rorried about ��hat purpose thi's property could be used for if Union Oil Company sold the property. t�1r. Scott said this a�as why he voted against the rezoning. Ne felt the service station could upgrade their property ��+ithout rezoning. Mr. Boardman said you have to take into consideration ho�� much money a canpany would want to spend on a non-conforming use, because if the structure was damaged more than 50°I by wind or fire, they couldn't rebuilt this property and would be forced to sell it, and that was placi��g a real hardship on this property owner. Chainnan Harris said the rezoning of this property had already been disposed of, and i;hey were considering the Special Use Permit. Mr. Langenfeld said there tivere 21 pr�perty o;yners notified of these requests and only t►�o property otivners appeared at this meeting, so he didn't feel ihere was much opposition i;o these requests. He said that the people who spoke on these requests were not opposed to Union Oil Company either updating their present structure, or rebuilding, so there was no total disagreement. Mr. Narris said that with the easement that ti•�ould be needed for higf�way purposes, we would be making par�: of this business inoperable, so that «ould be an additional hardship on this property o�vner, if he couldn't rebuild the station. Mr. Harris said we could stipulate that this Special Use Permit be reviewed annually, plus there be anoi;i�er review at the time they request a building permit i'or a new building. � � ' R Planninq Commission P�eeting - December 3, 1975 Page 73 5� Mr. Nelson said his only objection was to spot rezoning, but he trusted Union Oil Company to do what they said they would do. � Mr. Peterson said he thought it was commendable that Union "76" has the typ� of relationship with their neighbors that they would come to a public hearing and state that they trust Union "76" and 1�1r. Glenn Hubbard to do what I Mr. E{ubbard said they vrould do, fie said he wanted to thank t�1r. Hubbat°d for being that good a neighbor in our community. , Mr. Scott said that even though he voted against the rezoning, he had no objection to this service station operating on this property. He said t;hat for this reason he �vould be in favor of granting the Special Use Permit. T1r. 6oardman asked Mr. Hubbard if he had any objection to the Ciiy puttirfg a tt�ro year time limit on this service station either beino upgraded or rebuilt. P1r. Hubbard said he had no objection. Fle said the rebuilding of �this station was not in this year's buclget, but with the two,year timetable, he ��ras �ure i� vrould be rebuilt in that time. � MOZ'IOIV by Peterson, seconded by Scott, that the Planning Commission close the Public Hearing or, a request for_ a 5peciaZ Use Permit, SP #75-?.8, by Union OiI Cornpan�. Upcn a voice vote, a11 voting aye, CI?airman Itaxris declared the Public Hearing closed at 10:15 P.M. 1�?OTION by Langenfe]d, seconded by Peterson, that the Planning Commission recomm�nd to Council approval of a Special Use Permit, 5P n75-28, by Union Oi.Z Com.pany, to permit the cant.inuation of an existing service szation, per Frid].e� City Code, Secticn 205.051, B(3,E), on part of Loc I, �udiior's Sub�iv�sior�7lv. 25, the same being 5695 riackmann Avenue N.E., with the foZlowi��g stipulations: 1. This Special Use Permit be subject to annual revie;a, with emphasis on their. hvusekeeping, etc. 2. That k�ithin two years t.he Eity would like to have this o1:eration updated. 3. tahen a building permit caas r�c�uer��.d f.or either ma jox rernadeling of �his service station or to construc� a neTa service siation, this Special Use Permit be reviewed. • ' UPON a voice vote, a11 voting aye, the motion carried unanimously. Ci�airman Harris declared a recess at 10:20 P.M. and rece��ven�� ti�e Planning Comrrission i,�eeting a�; 10:35 P.M. � 4. RECO1�iMENDATION ON PROPOS�D RUl_ES AND REGI�!_ATIONS FROM THE �9INNESOTA ENVIRONMEN�(AL (�UP�LITY COUi�;CII_ � MOTIUId by I,arigerefeld, seconcled by Scoi:L-, that the Planning Cvrur,.ission �cceive the m�mo from Jer.rold I3oaxdman to Dick Sobiech, dated November 25, 1975. Upon a voice vot.:, a11 voting ay�, the motion carried unanimo:isly. � . � ' ' j , ti , . , ,� __ � e- `. F : << i�' ,;,a� . "' � � �� .��', ? �r'.� /".'' ° �i�� `✓ � F7 •' r r '. : F, . �,, � '-.. � { �' ��'J V� s � � � � � t�... -� C � ` "i ' ' � . � ,.;; � . r. ,�(�.� 'l.i!`;� � ..-.� i •a'��r'-� � - . v '�;. �.. . , C : . � ,e•. , ., ��E 5F � � ~ � S � T t ^ �� ' � � ��,.. ^ `-t,, ..�� c�� i � s� ♦� � y� , a ' •',? h � �� .. 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AN ORDINANCE AMENDING CHAP7ER 115 OF THE FRIDLEY CITY CODE ENTITl.ED SWIMMING POOLS AWD REPEALING PRIOR CHAPTER 115 THE CITY COUNCIL OF THE CTTY OF FRIDLEY DOES ORDAI��: Ihe construction, operation and licensin of svrimminq pools shall be re ulated as follows: 115.01 Definitions The following definitions shall apply in the inter- pretati on and appl i cati on of tf�i s Chapter and i:he fol l owi ng wa�°ds and terms whenever the,� occur in �his Chap1;�� are �;efined as follows: 1a Health Departments Heal�h Of�i�er, � at any pl�.ce ?n this Cha�ter �r?d 9n the reference shall mean the C�ty> �J � ' ' J � � State Qoard of Health «sed req�!� rem�n�s adopt:�d by 2. Person shall mean anv ind��dua1S natural per�s�nt fii°m, association, orqanization4 �artn�rshipA business instii;utions aqencv, or anv Federaly S�at� �r lo�al ciover�nment aoencv �r ins�ru- mental i t_v or° nther enti �v �°eccqni z�d bv 1 aws as 4hP sub.iect of riqhts and duties9 �nd st�ali inc7ude� bui not be lim7ted ta, em- ployees, licenseES, f:er�ants9 �arPtak�rss les�ees, manaqers and operat�rs of swimminq poo'Is� � 3. Private residential pool sha11 me�n any swimmir�g pool located on private property under �he control of �he homeown�r-5 perm�ner�t or- portable, the use of which �s 1imi�ed to swin�ming ar t�athing by� the resident family or th�ir �r�vite� guests, and having a depth of more than two feet (24 inche�) �t any point and a si�rface area exceeding 25� square �eet ar�� a volume over 3,250 gallons. 4. Public swimming pool shall m�an any swimming �ool, ather than a private residential pool, �ntended to be used collectively by numbers of persons far swimm�n� and bathing, aperated by any per�- sons whether they be owner9 lessee, operator, licensees or concessionaire, r�gardless c�f whether a fee is charqed for such use. 5. Special purpose pool sha11 mean ' treatment pool, therapeutic pool, or therapy.� any swimming pool used as a a special pool for water � 6. Swimming pool shall mean any structure, basin, chamber, or tank containing an artificial bndy of water for swimming, diving, relaxation or recreational bathing. � ' L 7. Wading pool shall mean any swimming pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 2� inches. . g� Infilatable swimminq pool enclosure shall mean anv temporary � tructure whose primarv means of support is air pressure. � [� Ord�nance No. � -2- ' Chap. 115; Swimming Pools 115.02 General Requirements '' 1�. Plans and Building Permits II ' No person shall construc�, enlarge, repair, move, convert, or alter any swimming pool without first submitting plans and obtaining approval frorn the C_ it.y and the appropriate permits from the C1tY• � No building permits shall be issued unless prior approval fram the Cjty has be�n grant�d in wri�ing. I� 2. Plumbing, Electrical9 Mechan�cal ' All plumbing, E�ectrica7 ar�d mechanical installations ai7d equi�ment shall meet the r�quirements of the_Friciley City Code. � 30� Specia� flse Permii: �equirea . Infla�abl� stivim�ing paol er�cl�sures shail require a specidl use I �� prior ta i:he7 r i ns�a � 1 at� on �s Qut1 i ned 2 r� Secti on 205 ofi t:he Ci tY Cc 4. Lac�tian � A11 swimmin ' 5. FenGing Qols must �e 10 0 ' Fencin� ar o�her �ffective m�ans including but not limited to walls or buildings, acc�ptable to thE Git.Yssha�l be provided to positively ca�ntrol all access to public and pri��a'�e residential ' swimmin� poolse Fen�ing shall m�e-� �hE following criteria� ' , ' � ' a) The fencing shall preven� the entrance of cr�ildren and be without hand ar foo�G holds that would enable a pers�n fia .: climb over it. b) The fencing shall be at least�6�feet high and entrances shall be equipped wi�h self-cl'osinq and self�iatchinq gates capable of being locked. c) Self-closing and self-latchinq devices shall be placed at children. 7he oaenin4 betwe the b 11 be ►f the fence and t u . ' Ordinance No. -3- . • G B Chap. 115; Swimming Pools 6. Equipment Standards � All new equipment purchased or installed on any swimming pool shall comply with the following applicable standards of the National Sanitation Foundation: � a) Siandard Noe 9- Dia�omi�e Type Eilters fior• Swimming Pool Equipment9 OctAber,1966e b) Standard �oa 10 - Sand Typ� Fil�ers fo� Swimming Paol Equipment, �ctob�r-, 19660 c) St�ndard rtco I1 ��ecessed Autarid��ic Surface Skimmers, Qctober, 19b5o d) Standard Noo 17 � Centrifugal Pumps for Swimming Poolss January9 1966. e) Standard No. 19 � Adjustable Outpui Rate Chemical Feedi�ig Eq�ipmen� for Swimming Poo1s, Octobe�, 1966. f) Standard No. 22 � Sw�mming Pool Water Treatment Chemicals and/or Processes, Mays 1968. g) Standard No. 27 m Multi�or� Valu�s for Swimming Poolss May, 19690 h� Standard Noe 28 - Cartridge Type Filters for Swimming Pools3 February, 1g71. i) Standard �oo �8 m T�st Kits for Swimming Paolss November, 1970. Equipment not covered by �he above Nationa] Sanitation Founda- tion Standards sha71 not be ins�alled or used before it has been approved by the C_itye 7. Inspection The C- it_v shall be permitted access to all swimming pools for purposes of inspection of the pool and equipment at reasonable times and as often as deemed necessary to ensure compliance with this Chapter. Access to private poo7s shall be with the homeowner's ermission or due process. 8. Interference No.person shall interfere with or hinder the Cit.y in the perfor- mance of its duties under the provisions of this Chapter or the laws�of the State of Minnesota. ' �� . �_ i. , � �_� Ordi nance No. Chap. 115; Swimming Pools -4- 115.03 Requirements for Public Pools . le License Required � 6C t�o person shall own, operate, maintain, lease or be respor�sible ' for any public swimming pool iocated within the City unless a licens� th�r�fore shall be obtained fr°om �he City pursuant i:o this Chapter. , 2. Applicatian � The application for a swimming pooi �icense shall be on forms furnished hy 1<he City and Chail-require �uch inforn�atior �s �he C i� y s h a l l r e q� i r ee S u c h a p p lica tion for� � he issuance � of such license, maintenance, termination and administration shall '� be in accordance with and subj�ct to ali canditions af this Code relative to general tequirerrents fo►^ licensinq as well as for the requir�m�nts of thi� Chap�ere The City may deny the appli- � cation for a licens� which �aiis to fu11,� comply with these requirements. ' � � 3. Fees and Exemptions The annual license fee and expiration date shall be as provided in Chapter 11 0� this Codeo P�rsons ownings opera.ting or maintaining schools, governmen�al subdiv�bsions, ch�jrchess conver►ts, rectories, parsonages or religious community centers shall be required to obtain � license but without payment of a 1icense fee� 4e Revocation ' The City Cou�cil may revok� ar�y license issued pursuant to this Chapter as provided in Chapter 11. of this Gode or for any v�alation of any provision of this Chaptero ' ' 5e State Health Oepartmen� Requlation Adopted Regulation Minnesota Health Departmeni (MHD) 115 of t{�e Minnesota :e Board of Nealth relatinq to "public swimming pools" includinQ and made a_part of the Fridle_y City Code of Ordinances sub�ect to the follotirinQ addition and deletions: a} MND 115 (q) sha11 be amended by the ' addition of "Section 6, A life line with suff s a e rovided at the break in rade betwe • and_deep portions of the sw�mim nq poo . � � I� The f swimmin owin ortions of the Minnesota Re tilations 1971, relatinq to pub ic �ools are deleted from this ordinance and s effect in the Citv of Fridlev. Ordinance No. Chap. 115; Swimming Pools -5- 1� All of Section (b), Page 3. � 2) All of Section (d), (3), Page 4. 3) All of Section (i), (2), (gg}, Page 6. 4) All of Section (v)y Page 17� 115.04 Requirements for Private Pools 1.� American Public Health Assn. Suqqested Regula�ions Adapt:ed 6� The suggested Regulations �or the Qesign and Cans�ruction.af Private Residential Swimming Pools, 1970, prepared �y th� American Publi� Heai�h 4�:,eciatio � are hereb;� adopted �y r~rf'erer�ce� ar�d shail be in full force and effect in th� City of Fridley as 5s sei: out here in full, subject to the �ollowing delet�ons: a) A11 of Section 102�1, Page 6. b) All of Section 6e2� Page 90 c) All of Section 7.19 Page 9. d) All of Section 14018 Page 18. e) All of Section 17oi, Page 19. f} A11 0� Sec�ion I9.2, Page 20e 2e Private Residential Swimming Pool D�Rth Markings (Depth Markings) Depth o�F water.shall be plainly marked at or above the water� surface on the vertical pool wa11 or on the edge af the deck or walk next to the poal, at max�imum and minimum points, at the points of Ghange of slope betureen the deep and sha�law portions, and at inter- mediate increments of depth spaced at not more than 25 foat intervals. � 3. _Private Residential Pool Deckinq Requirements (Deck) A deck at least 3 feet uside, measured from the pool water's edge, shall be provided which extends completely around all private residential pools. Above ground private residential pools may be provided with decking of a minimum size of 4 feet by 4 feet at pool entry points and provided that such decking has the approval of the C�t_y. The deck shall be sloped away from the pool to drain at a _grade of 1/4 to 3/8 �nch per lineal faot and shall have a non-slip surface. 4. itional Inlet and Outlet Requirements ls, (Drain) ivate Residenti 0 ' All_private residential pools with a depth greater than 7(5) feet at any point shall be provided with an outlet at the deepest . , . 1 Ordinance No. Chap. 115; Swimming Pools � GE point to permit the pool to be completely and easily emptied. ' Openings shall be covered by a proper grating which is securely fastened and not readily removed by bathers. Outlet openings of the floor of the pool sha11 be at least four times the area of discharge pipe or shall provide sufficient area so the maximum I� � velocity of the water passing the grate openings shall not exceed � one and one-half feet per second. The maximum width of grate ' apeni ngs shal l be one hal f i nch .��/�yt�/��t ��yn/rim,t/p�i��r/p,��e/%,tyt�,�y. An antivort;ex �ype of drain may b� used in lieu of grating. J�ny � pool newly constructed after M3y 1, 1976 which has a depth � l�ss than s�ven feet and v��ic i dc��s not a.ve an c�ut' et to permit , th�ool to be easi ly und cUrrip"I ete1 v empti ed shal l e prov� e with a means of draininq the pool such as pumpin4, clrain oaenin4 or other mean� accepiable � 115.05 Penalties 0 ' Any violation of this Chapter is a misdemeanor and is subject to all penal�Gies provided for such violations under the provisions of Chapter 901 of this Code� ' ' � ' ' ' ' , ' � 115.0G Repeal Chapter 115 of �ihe Fridley City Code is hereby repealed. PASSED BY THE�CITY COUNCIL OF THE CITY OF FRIDLEY TNIS , 19760 ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: Second Reading: Publish..00.... [}AY OF MAYOR - 4lILLIAM J. NEE � � � ' �1 1 � ' �J � Ordinance No. AN ORl>INANCI� �STAIiLISIiING a NL�� CHAPTER 505 OF THI; FftIDLEY CITY CODE, I�'N'I'I'1'LLD BICYCLL REGIS'i'R,ATION, AN� REPi,ALING PRIOli. CtiAP�`LR 505 The City of Fridley does ordain as follows: 505.01 �,��¢pl�� (�� Scope �� XX �� x`��;�,1 ��s��v�� ` ��X�� '� �Y�� f�� `X`��X�� Xs�� k�:�� X,��`�� .�Y�S� ��s��S�� 1��i� }��9�7�� ;��,� ��y These regulations applicable to bic�cles shall �pp7_y when- ever a bicycle is oper.at�ed upon any street, roadway, highway, or u�on any public bikeway%walkway path set aside for �.he use of bicycles and pedestrians, subject to those �xceptions contained here�in. 505. �2 ��a��`�i�,�¢pf y6��p1 �I��1��¢� License Required �� s�� s�� X� ��XX X�� }��;�s�� Tb��l� �� `�¢� s�;� �#�� 5�� s�¢�` �� `��X�� 1�� s�s� �� R`�� 1�� X�� ,�� x��,�z�/, ��!�X � �v�s� s��`�X ��s��,��,� ' No person who resides in the City shall ride or propel a bicycle on any street or upon any public bi)ceway/walkway path set aside for the use of bicycles and pedestrians, un_less such bicyele has be�n licensed and registered � as herein pr_ovided. � ' � p � ' 505. 03 �,Y��¢� ��1�1 #��;�,�¢y4 ��T� License Application �'�s� ��'�� I��XX �� X��,�� X�� s��,! �� `�� ¢�� 6�� v�x��l��`� ��`�� 1��s�v� �� T�l��f��',�¢s�� S�f��`,� ,�3�� i��f��S�� Y�I��S�� f� #��RSS� �� '��K�� #�� 1�� K��k� �� s�� 7��1��f� ��` ��s��l'�R��Y�� K�I��}� �� `�R'�� 9�� ¢�¢�� Y�S� �,� �}�� }�f� �1�� 1�� S�� 5�� `9� ��`JQ� � ¢�J��`f��i��l'��YI� �`5��#��s��'9�Y� ¢r��`� �`� �1�� ¢}�� 1�i�9�#� �� I��1�� S�� f�Y��`� �� `�s�X� 7��t��l� �i��f�S� �K��`�'F�S� �!�f� f�7��5�3�� 9�� }�¢Y� X�'s�� X'Y�� D��s�� I��XX �L��'�� k�� I�s��s� �X` �s�� X��s��,! i��s v�Y��su� ��s� �� H� �x��l��` �l�s��s�s��,� �(��,� �X�,Y Application for a bicycle license shall br-_ mac�F to the o zce epar men . uci app ication s�11 include the name oT�'f:fie T�icycZe manu�acturer, its serial number, sty an�neraT'description, and the name and address of the ne . le 7 �,�¢�3��f� �� Scope �� !,�9�3� Tb�� License Required ��` �� f �� License Applica- tion .' � � � ' I ' L� � �� ' �J � , � ' Ordinance No. Page 2 505.04 ��¢ ¢� �� Issuance of License �� XX �� XX� �� X� �� ¢�� ¢� �� ¢�� s�� ¢��X� �� x� �� X �� ¢�� ¢�� ,� �� The City shall issue reflectorized license tags,_and registration cards having numbers printed thereon in numerical order, and indicating the year for whiclz the same are issued and that such tags shall be s t ble for attac'hment upon the frames of the bicycic�s and szt hall be attached to the frame of each bicycle, and toi`ssue a cor_respondincJ reqistration card to the licensee upon the payment of the license fee herein provid�d for. Such license tag shall remain attached during the existence of such license.` The Police Department shall keep a rccord of the date of�issue of^ each license, to whom issued, and the number t�hereof.�(Ref. 413) 505. 05 �t�fX��',Y��%,��S�f ¢� �,Y��¢ �d}��i�¢�` �onditions of License X� ��s�XX �� K�Y�Xs�YY��3�X �RS� �Y�� 1�f��`�� 9� Y��YIXX� ��` ��r�¢��1�� ,� 9��`�X`�� ` ��` ��5� �l�l��S�X` �� s�l�� k�r��`��5�� ,��¢f�� X��}�s�i�� f� �1�� 1��,� �� '�s�XX �X�� X��X��'�k�X �f�� P�� S�Y� �9� ��9�36�,� R�i��f��`��,� �3��X��¢ �� X�f�� v�� '�f�� 3�X ��,� i�� ` K`��X`��4�� 9� �1��`�Y�� ,��f� �#� l�✓��¢� ��5� X,�¢�Y�� t�X��,l �s��X �� x`�� ,�� s��#��,� ��s��/, ��s��,l �� f!1��J �� ;�1�� l�;�XX ��,�� Xz`�u� �� v��`� �� `�� ¢X�� v��`l� v�� stx`��X �x��l�� ¢�� l�s� ��v�s� ��` �� ¢� �� x�u�� XXs�s��X� �� v��x��¢�s�� r� �� Every license issued hereunder shall be deemed to be qrant.cc�vsul:�ject to the conditions pro Zv ded in thzs ordinance. 505.06 �`¢� Sale ar Transfer �'�� Y�t�K�� X,��s�l�� `�s� �Y�� 7�I��'�`��,�i�� XX }�� ?�� i��f��i�� }� �l�s�I�l!f�X` �X �� Y��` �9�9�� - � ��X� �� Issuance of License ��r�� D�l��¢�` Conditions of License �� Sale or Transfer � • � Ordinance No. Page 3 � It shall be the duty of every person who sells or transfers his ownership of any bicycle to report such sale or transfer by returning to the Police Department the registration card zssued to such � person as licensee thereof, together with the name and address to whom said bicyc�� was sold and transferrcd and such report shall be mad--e �- thin � � � E_J � � five (5) days of.the date.of said sale or transfer. It shall be the duty of the purchaser or transteree of such bi�cle to apply for a transfer of regis- tration thereof G•iithin five (5) days of said sale or transfer, 505.07 �� $��¢ Mutilation of P1at� Number �� ¢X� �� X�� 5�� l�s�� X�s�t�i�� '�� s�� Tb��l� � ��s�Ks�� s��X ��` ��X��X�� `�� ,�� XX �� `�� ¢� �1�� x�¢l� 1��¢X� �� 1�� s� ��s�� x�� '��s��s�s�,� �� 1��¢Xs� ��X� �� f��X� �� 1��XX ��X� 1�� €��s�s� �� x`�� x�� s�� s�� ,��¢�s�� i�}�,� ��X�¢� ��,�� ;� �'��Xs��,� ��s��i� s�� s� X�� f��s�� '�� s�� X,� X��s��s� f �X,�I�k� z,� �� x �� ,�� z� �� ,�x� � �� Mutilation of Plate Number �� x �s�� r� �� ¢x�� xx �� x� �� ¢ ��,� ��¢� ¢�� ;�� ¢x� �� ¢x�� s �� x� ��xx �� x��r�� ¢��x ��x� �� x�� x�� ,(ZY ��K� ��`�¢x` �� ¢Y� ��X�,� It sha11 be unla�aful for any person to willfully or maliciousl:y move, destroy, mutilate or alter the number � o£ any bicycle license Pursuant to this chapter. It shall. �zlso be unlawful for any person to remove, destroy, mtitilc�te or altcr_ any license plate, seal or registration � card durinq the time in which said license plate, seal or registzat:ion card is operative. Provided, however, th.�t noth�iic� in this chapter shall proh�bit the City � `------. .. ��__- - -- from stampinc� numbers on the frames of bicycles on which na serial number can be found or on which s ia d number is �llegibile or insufficient for identification purpases. � -, . � Ordinance No. � Page 4 505.0$ �� License Fee �� ¢� �� ¢�� ¢�� The license fee and expiration date shall be as provided in Chanter 11 of this Code. 505.09 ��¢�� Impounding and Sale � �� X.� �� If any bicycle is found in any street, alley, public � � � bikeway/walkway path of the City without a license identification tag or with a brolcen seal_ or mutilated frame number, it shal.l be prima facia evidence that such a bicycle �_s_being operated on the streets or . bikewa_ys/walk�aavs paths of the City witlzout having been reqist�red. Said b.'zcycle shal�l be irimediately impounded and shall only be surrendered to the owner thereof upon ___�__�_�_.._ proof of ownersl�ip satisfactory to the p�llc� officers of F.ridl�y, payment� of the license r�gistration fee hereinabovc� provided and payment of �he�fees herein- atter providec� . � l. Impounding - $1.00 2. For �ach additional day of storage after _first 24� hour s - $ . 10 At the expiration of sixty (60) days after such imbounding, each bicycle which has not been claimed shall be sold at public auctioii. Notice shall be published in the official news�apc�r of the Cit� of Fridley at Ieast two (2) weeks �rior to such sale. 505.10 �¢yf�!X`�S� �yf�T ��`��%�g5yf Establishment of Bikeway/ Walkway Routes �f� �¢X`��P� #�1��'X �`,��f� �� Z��I��X �Y�� X� K��9�Y� � I�X��X�¢ ��!Y`��1�.� }��Yi��T��}� S��` ��f�I�'�X� ��S��l�� #� � I��`l�s��Y�� Y�� ¢��f�f �'1�X ��t�s��` �� x�v�X�� x��Yf I�s�� XX �� X� �,� ��s�,�s�� s�Y�1�x`s�X �Y�� X`�� 1� ��h�t�X�,� �s�� 3��XX �v�� `�`s�� `��XX�v�� ust��`��s� � 1��X� x�� t�x�}�X�� X`s��,! k��'s�Y�� X` ��s��X� ¢��`�� ` t�� i� }�� `�� t�� s��` �� x�¢ki }��¢��X�,� 7C �� ¢�� License Fee �� Impoundinq and Sale �� Establishment of Bikeway/ Walkway Route The City shall designate routes to be used by bicycles and/or � pedestrians_to include.: 7D Ordinance No. Page 5 , Bike�aay/walkway paths to be constructed in off-str_eet locations thoughout the City. Bicycle lanes, which are separate and distinct areas of the roadway marked and set aside for use by bicyclists. Bicycle routes, which are roadways to be used by bicyclists in conjunction with motor vehicle traffic. 505.11 ��¢¢�T �i�� $�� Riding on Bikeway/��lalkway Paths I�� ¢��X� ��XX �� Yr�� `��X� �v�� Z��9�1�f��`� l�k�� '¢��X� �Y��XX I�� 9��5��`�,�� Tb,��l� �`��X� ��`s� �� ,�� ,�� `�� AS��`�� Y�� 5�� `�� X��S�I� �1�� `��`�� 3�� 9�;�1��X` L��i��¢ ��'��f Ibr��` �� f� 5��;�� When a bicycle is being ridden upon_or along a bikeway/ wal}kway pai�h, pedestrians using such path sha11 have the :��ight-of-way and the operator or rider�of suc�h bicycle shall tlarn off such patli or dismount if necessary �o yield such ;ight-of-way. — — 505.12 �`�`�#��'� ��'�f�i� Bikeway/L3alkway Marking _ �� '�� `�� The PuUlic Works Director is authorized to erect or place signs upon any street, or adjacent to any street, indicatin the existence of a bicycle lane or bikeway/walkway path and otherwise regulating the operation and use of vehicles and bicycles with respect thereto. 505.13 �,��p1�� Motorized Vehicles Prohibited k�� }��X�� X�' }�s� ��`��s�� x �� S� ��k�� X�¢ Y��S�}�Tb�� 1��Y� �1��`�� (�I��' ��s�,� ��;��7� �3�t�� i�� }��`�� ,(�pY ��x�� `s� ��r��,1 ��;�k��s�� k��X��l�� Xs� ��`�s� 1�1�� 5�� 1��s� ��` ��s� X�� '�� ;�v��s �� ,cz��y �� r�� r��¢��x�,� ��x� ��¢v�� x ��¢�¢x� �� x� x��;��,� ��r� ��c�� xx��;� �� x�� x��x�¢��s� �;��r�� u� �� x�¢�� ¢� ��c��x� ,�� ¢� �� x�� ,cz;��x �� No or� exc 505.14 �(,�,��` � �',l�(,! Traffic Laws Apply cle, snowmobile, es. �� $�� Riding On Bikewa1T/ Walkway Paths �� J-'5�� Bikeway/ Walkway Narkin�; �� Motorized Vehicles Prohibited �� Traffic Laws � � . � � 7E Ordinance No. Page 6 �� X�� X � ��X� �� XX �� X� Every person riding a bicycle upon a roadway or upon any path set aside for the exclusive use of bicycles shall be ranted all of the rights and shall be subject to all o the duties applicable to the driver of a vchicle by this � ordinance, except, as�to_special regulations in this ordinance which by their nature can have rio application. , 505.15 �� Manner and �lumber Ridin �� ¢X� �� ¢ �� x�� /, �� x� �� /. �� A person prop�lling a bicycle shall not ride other than upon or. astride a permanent and regular seat attached thereto; and no bicvcle shall be used to carry more � persons at one t�me than� the number which�i� is designed and equipped, except on a baby seat attached to the bicycle, provided tlzat such seat�is equipped witlZ a harness to hold the child securely in the seat and that � protection i.s provided against the child's feet hittina the spokes of the wheel or in a seat attached .to the � � bicycle operator. 505.16 Where to Ride (1) Every person operatinq a bicycle upon a roadway shall ride as near to th� riqht side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of raad- ways set asid-e for the exclusive use of bicycles. (3) tahenever a usable pai�h for bicycles has been provided � adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. (�) Whenrver any person is riding a bicycle upon a side- I walk or bikeway �aalkway path, such persons shall yield t�ie rig t-o -way to any p�destrian an s all gi"ve a�ible signal before overtaking and passing such pedestrian. � r �� Manner and Number Riding Where to Ride � . � � ' Ordinance No. Page 7 (5) Once a bicyclist has entered a designated bicycle lane, it sha11 be unlav�ful to leave at anyplace other than at an �.ntersection except by dismounting and �aalking the bicycle whe�ein all the rights and duties of`a pedestrian are assumed. 505.17 �¢p1�,Y�� Traffic Signs �� ,�S�l� �� 1��}� ¢l��I��,� �� ,��5��` �P�R� ,�� S� �X� I��X��` ��5�3��5�� 9��` �`l�S�k� 3�,��3�� `��i� �� Any person operating a bicycle shall obey the instructions �__,__ � �_. - of ofiicial traffic-coritrol sig:.�ls,Jszgns, �nd ot�er contro devices applicabl� to vehicles and bicycles, unless other- � � ' wise directed by a police officer. 7 '� �� Traffic Signs 505.18 Lighting and Brake EquipMent Lighting � and Brake (1) Every bicycle when in use at night sha.11 be equiped with, Equipment or its operator shall carry,�a lamp on the front which shall emit a white light visible_from a.distance of at least 500 feet to the�front, and with a red reflector on the rear which. is visible fiom a11 aistances from 100 feet to 600 feet to the rear when directly in frc�Zt of lawful lower beams�of head lamps on a motor vehicle.�A lamp�emitting a red light visible from a distance�o�f 500 feet to the rear may be used in addition to the redTreflector. ` (2) Every bicycle sha.11 be equipped with a brake which will enable theJoperator to make t�e braked wheel.s skid on dry, level, clean pavement. � 505.19 Parkincr No person shall_park a b�cle upon a street other than ' upon the road�vay_aga.inst the curb, or in a bicycle rack to support t�he bicycle, or against a building, or at the curb, in such a manner as to afford the least obstr_uction � to pedestrian traffic. 6ahen_a bicycle rack with empty spaces is available, no person shall park a bicycle except in such rack. � 505.20 Right-of-Way A bic�clist shall have the right-of-way at inters�ctions � where a motorist traveling in the ad�ac�nt left-hand lane is attemptin� to ma}.e a right-hand turn. � 505.21 Penalties Parking Right-of- Way Penalties � . �, � 7G � Ordinance No. Page 8 An� violation of this chapter is a misdemeanor and is subject ta a11 penalti_es prov�ided for sucn violations under the pxovisions of ChaUter 901 of this Code. 505.22 Re�eal Cha�ter 505 of tile Frid�.ey City Code is �iereby repealed. ADOPT�D BY THE CITY COUNCTL OF THE CITY OF rRIDLEY THIS llAY OF , 1976. ' � MAYOR - j�1ILLI1�P�1 J . NEE � � 11TTEST : S , CITY CLERK - MARVIN C. BRUNSFLL ' � � �, r ►� e CONSIDERATION OF PLANNING COMMISSION MINI3TES OF MARCH 17, 1976 Included for Council Action Are: Appeals Commission Minutes of March 9, 1976 � t �8A ■ � � FRIT✓l.�`'Y Ai'P��1.,S CUI�tIP�ZSSION irI'.r:ETING A2�tiRCH y, 1y76 �IE�iBERS �'R�S�;NT: V�.r�inia �Jah1Y��r�, �'at G�bel, Dick �i�mper, Jirn �lemel I�iLi��BERS �ES4�I��': 0'x"HiHS �'F�aS�,N'P: None Ran Holdfln, F3uildin� Tnspection Officer The mePting; was cal:led to arder by Acting Chairwoman �sYahlberg � � t 7 : 35 t' ..�I . , IvI0TI0�1 by G��A1, ^�r:onae� 1�4me1. Vo a.p��,.o�r?�„ h� min r�� .�.a �f' t-�,A � ,�a��lU�.i�76 r��tin�: �g ��ar.i_tt�n� Upon a v�ice jro�e, �11 �lo�fng �zye, ti�ie; motion c�rried un�nimous:�� . � � � � � � 1. .ti Nt�.�a,U��S`i' ��OR �� t5L•.Fii+lK�`1' VE�hirll�C� OF `i'ti�tJ I`'�illiL��'�: CZ�'X CUll; l:5 �'Oi,L044'S: S:s'C`l�`IC)N 2Ub.U53, 4�, TO R��DUC�� '�.'H:� ��ROI:'� Y�`�R3� 5?��TBt�C�� FRUI;� `�HE Yu�?UIR�,l� 35 F��T TO `L�fiO x'i:.:��T �.�i0 �°�:LLU,� 'lU','uTIHUUS::S Tfl i3�{a �U1I.:T IP� '1"I�:�!)SB�ZUC:ci LTILi.�[�G.:'��9 r`j1.0��G t'� �;:�ri�' c�?VriHZiih � �=iSS E��`Z'�a�:iN NGR'�It IT�l�iSk3RUCK �:i�I�'E r�Pvli t`xl�TI3LT� aS'�.'ti�:�+�T: LOC�i`l"�'L UN UU'i`'LU � B� .LP�puS�31tUC�i I�U�`I.'H � ( R��Ur+;S'I' :CX :u��F?Ft�L r`i. r'�RR I��V:�LO��'�til ;l�i x Ct3Ii1'Gt�ti.i":IUN � 7286 - i2ND Lr�v',; NUt;f.�H, i�IivNl.adiR OLIS' i�FTT�Ti . 55� �8. i . �7rs . 4Y��ril�er°g s�:id t�e �opeals Cam.�zission v�oulr.'. not �« he�-�ring tnis reaueat a� thi.s ti�ne as it i3�d k�een tr. ar.sferz�ea to tha Y1.�nn�.ng Cam.7iission meet�.ng vrhich vuill be h�;ld on �i�irc�� 17, 19rG. r.�r. Holden expi�.3.ned t��Fat thp o?^i�inal r�auest ca�„� �t c�n irlo�po�°'�une timp Fvhan the city attarn��, eraas out oS' taGVn. tie :;�id �� vas revier��ed l.a�er ana ctet?rmin�d tha� as a to:�anhouse �ev�lopment th�;�°e ar� teehn�.c€�lly na �e�Lbacks, which tivaulc� el�.mir��t� th� need f'or a v��ri ance proc�dure. � ��; �< �Tl��r�i�" { � ' , , � I 2. ,� �F�� U�ST I�Cf� 1'z �� 0 t `S'H: }�3�TDL�� GI`l�. CODF� �5 �OLLO��S ��aCT.[ON 205.U53, 4.�i, TO ��IiUC'�.�', xH:k: kRGNT Yr:�'tIl St"�1B�.CX }�RO�tT 35 f�'EET TU 20 �El;'.� '�� r":LLOy� THr� CU�iSTRtJC`.PTUN Ur �t STi;GL� I��u��ZLY L'r'�LLLTRG ON LOT' 4, BLOCri 3, BOURLEEiU?:tS S�RIr1G SRUOn 1`�U�I.�IO2d, ��i?; S.�I:�E � BEING 81U� RUTH S`PR1�ET N. a., �� 2tI�LIsY , r;IltdN �SU�.�'r . { R�,.Ur,S'� BY MR. Ti�iVID �OT'1'EN, 8140 RUTH STR�ET N.l;.a �'RILIti,'Y., 1�IINtd�:SUT� 55432.) MOTION b i�m er seconded b �18:Cie� to o�en the public henri Upon a vo3.ce cote, all vo�ing aye, the �notion carri�d. N�r. Dav3.d Ho�ter was present to present the requeat. A. survey af the property�, a proposed house p1�xn �nd photo�rapha af tha lot were sho�vn to the �3o�rd. � , r FRTDI.EY t�c'�'EiiL5 COP�f�ZSSTON Mr�,ETING b1t1RCH y, 157F� - P1�1GE 2 A1)�fINT�TR��TTVE R"' ORT A. �UBLIC �URPUSE S�:RV�D BY HEti�UIR�T�4�,�iTS: Section 205.Ub3, 4A, F`ront yard setback of� �55 f'eet. . � a + � i'uhlic pur�ose served by t�is sec�ion is to a.ilow f'or of'f-a�rcet parkin�; •„�ithout encroacnin�; on the pun2�.c ri�ht of v�r�y . sllso �h� aesthetic congiCer�tior� of' th� nei�:hborhood to reduca the ' "bui].ding line of site" encro�chmen� into th� nPi.�hbor's front yard. , � i r � B. STA`��D HAhDStiI�; I.�ot is lznbu�.ldt�blm wi�hout the list;ed vari.anee. C. ATi��tIt;IS'�Rx;TIV; STl�k' R'�VT�;'iJ: Pain�s to be aor�siaer�d in th�s requ�st ara as fallows: l. r'<<it;hout a11o�4ring the vari�z�ce rec?ues�, th� area can b� develop�d only at a;�reat ex:�ens�. 2. The cost af constx�uctian if the v:xri��r�ce is gr�nted would still be h�.nher thar� r.ormal du� to ext;erxsiv� foundation canstruc�ion on ti1� b�ck si�e of i;he hous� . 3. �Vithout aJ.lovain�; th� vz�rian.ce, a�;re��.t a��l of natur¢zl tarrain v�oulc� b� sacraf�ic�d in order to construc� a hou�� on thia �ro��rty . 4. 1�n a1.tArnate vrould. b� to r�duc� th� h��;� in. wid�h to 24 1 f`��t and t;iiArc��>y a.ncrer�se: th� setback f'rom 2U f��t �0 22 �'eet. 5. :�OTTQN Ne r�ort . l�noth�r al�Arn�ate �►�7ould b� to design a diff�erent type of hous� more gui��bi� ta the� lot. �'l�in�1� s�cotnci�d b�� G�bc�l, to accept thc� �icl�iz�i utr. ati �on a voic� vot�� al:l. vot�ng ��, the �nation caxriAd. tdr. F�ot�sr explaintyd h� is askin.� to r��ucc the f'ront ��ard setback f'ram 35 f'�� t to 2U f�� t rec�u�e o i' th� cre� k( Snring Bro�k) running g.n back. �ie saia wj.th a 35 foat setb�ck he woula b� do�,vn in th� creek bed. l�r. t'lmm�l asked. him if another d�si:m mir~h� be more appropx�iat�, �nd I�r. Rott�r r�splied it was iust a question of how to utilizc the sp�c�. H� �xplained haw he could chan�;e the house a bit to m�k� it smal.lar, but was r9luctant to �o thi� a� he w�nted �o keeP within thc pr•ice ran�m of" th- house� in th� mrea. He said S.t is a�e�,U00 hous�s, so it ti�►oula b� an attribut� to th� nei�h�or- hooa. It was notcd �hat even though na variflnces were �iv�n the other properties ln the ar9a, they were not in e direot 1ine. Cha�.rwoman uVahlbers askcd the �roperty o�,�ners in thc area wha tivere present to st�p forw�rd. h�r. anci Mrs. Gerala Carn�y, 8125 fiuth Street, Fridley; i'�r. ana Mrs. John �ialton, 8U66 �iuth Str°et, Fria.iey; � . �' F'RIDL�,'Y Ai'PE�I.�S COidl�ITSSIUN M�ETING NitiRCH y, 1y76 - 1'AGE 3 $ � C� � � � �nd Mr . and i�Trg . Bob Fr. itch, 81� 1 Fairmont Circ.Lc , Frial,ey , c ame forward to hear the Proposal Ana r�vi�w th� plana. N�r. Rottar �howcd th�m th� photq�rraphs and ovtrlay of the; nroperty, r�nd pointAci out wh,r4 tha hous� 4voula be loc�ted �fi�ith the 35 foot �etback anc� with a 20 .fcot s�t��ack. Hr� ex�lained that thr property was once zoncd for �lanned dev�lo�mcnt which mAant there coulct b� a ehop�in� center th�rc: no��+, ana �:�nc�h�sized that h� wa� try ir�g to utilize thA �ropQrty as 4A�e�l as he coula ��hil� tr�� ing to maintain the quality of the houscs around it. �4r. ��Valton r.;�d thes f'�11o��inx s�� af obi�ction sadress�;d to tha 1 f�pp�als Co,�amission ancl dated x�`iarch �, l�'76: "Our obj�ction to A4r. Ds�via Rott,r•' � r�qu�st i� c�n the �'o2lowin;� counts :( 1) The 35 f'cot rul� �aas ��ss�d b;� ��ridlgy council in th:� �ublic interest - ' to �n�ur� ior r`riul�y residen+.�� t5 Y�e �nvix�on.m�nt �nd lif'e sty l� orc,par ta a suburk}�n communit�y o�' au�lity, to prevent the croGVCting that is vi±'ensitre in vcr�- poor ar�as anc� in urban ar�as. =��hen � pa��in� �h� lazv, th� intelli�;�nt me�mb�:r� o�' th� council must have re�lizr�d tn.��t tnqra �wn.s n trariety in 1ot s!�Apr a.nd �i�e. T�' P�Ir. �tot��r of Ra�tlund Canstructian, Inc. build.� ni� I'69'1Ct�TlCC at S1U� Ruth Stree� �`�.L., h� ��vi11 most certai_nJ.y croevct th�- front view of � two rrsid�:?:c°s acr�sg S"rom tn�.s lot, and thP adjoinin.� rpsi_ct�nces. ;Ta'hile s�ir. RottAr m�3 have na ot��acti.on to �hi� cxo�vdin�, thc Council°s aecisi.on sh�ul� ta�� i.nta consic.erat�.on oo�si�s.� f'uturp ov,n�rs' � welf€�r�. �2) �>'�r. F;atter o_f t��ttl.und uanstructi.on wRS �.n fu:Ll � k,�c>�vl�dg� of "h� 35 foti � ru1�, ana consPqUR�ntl� , thg probl�ms oi builclir.�?" c�n thi.s lat, ��vh�n h� �urcha�md �dt� in t,k�� axe;r� and � prac��-d�d to d�*v�lop i;hmm ��aith const,ruction ot' r:��idenc$s. Tn �f'f'�et, he con��nt�a to th� f� ct th��t �h�; 1.0� wr:s u��lasm for. Rottlunc Congtruction Cqmr�4n��'� con:�tr�uc�ion pro�r�m tahnn he �urchas�d the land fram thm f'arm�r owr:Pra. In � di�cussiar� with , hzr. Rott:�r t��o ��ar� aro can��rnin� �ao��ib.Lc; cons��ruction ry his coln�any on i?r,pro�r��ent� to oux° ham�, t�li.s fact wa� brou�;ht out. H�; m�nt;an�d �n�t tr�� lot und�r th�n .L�w coula nvt be develob�d � by his ca:m�anyD an.d ofSc�rPd to R�11 �.t to u� f'or w7UUU.00. (3) Builciin�; a hQUS° Qn this �m�ll l.�t �zill a�ua� con�estion to thc i�nn�diata �rPa, ana r�duce �h� qii�li.ty and va�.;��_ of' othPr hom�s in th� ar�a. �uh��v�r ��'Ir. Rott�r's ob,j�►ction, it wcula b� impo4sible , to �r,t a def"ir�itl�r� pictur� 01' tn� �xaa� Pfi'ect of con�tru�tion on the im��d3ate ar�a withaut s��in� �he con,�truction plans for devalopr�°nt of tilis lot. `�hi;� �lsn should a1Qo inclucte s�.tP plans � of existing construction on lots bor�-ring .�ot 4, B�ock 3, Bourcteaux�a Spring Braak tiddition (particularly facin� and adjainin�), so that r� co,��'ct� picture of the congcguAnces of thc Council's d�cision � in thia matter coula bc hAd." '1'ne latter w�a si�rned by Jehn and Florence r`fal.ton. � hSUTIUN b Plrmcl secondcd b� GabAl to accc:ot thr� i�tt�r vf objrctlon as .�art oi' the mir,ut�� of' th�_meetinx. non r� voica v0te, �11 b-ing aye, th�+ moti�n c�rri�d. , � i � L_� � � , � ' � � , ,--i i J � ' , ' , � Tr'RIDLE� ti,�.'YEt�LS COP�L"�IISSTON M�ETING M1�RCH 9, 1976 - 1'AGE 4 g D Gabcl pointed out tn�zt if t�r. R�tter Yrould fina a plan thr�t wculd comc within thc 35 foot satback, h�, could go �head ana bu�.ld. Ch�.irwoman itiahlb^rg aaict that �vr�s s valia point, as the city cannot pr�v�nt it i.f it i� within cede. ShA also ex�lainad that this vra�s � lU0 foot lot, which is consiacrcd � rarity, and Waa quitc lArgc. Ch�irwom�n �wahlber�; read th� followin�; latter from I�far�ar�t i�nulrinc c3nd Janic� 1'+ieycrs af 81�5 nutti Strcet: "irdhen wc �urcha��d our homa et 8135 Ruth St., vaa warr tola by- thc buildcr th4�� houscs ��vould not bc built on the thrce lot� across fr�m us. Since� th^n t�va noua�s havr b-pn built therA and no�� t� third? Iv�. ra'c ar� oppo�-d to the building o f a housP on th- 1.� t of 81UU Hu th Str°e t.'� i�20TZON b- r�-�no�r s�condcd ,- � l�me1 �o havA the lett-r Ant�red as �ttrt of f;n� mirnz��s of' th� �r��A��n�. U�vn a vc�ice vot�, �11 brin� ay�, the �ncrtion CAT'Z'�.�:C�. �4rs. Carn�y st�.tcd that �he �nc� her hu�band live acros� th� strest f�om th�s lo�t, �na thAir m�i.n c�n�j�c�Cian is to th� 2v foot setback, but tk3ey also felt it vvau2a loaJ�r th� v€�.1.tx�^ �f the n�i�hnor'a hamAs �� it �rould be situ�.t�d in f'rcnt af th�irs. :nir. �ottcr explain�d if h� mav:�d the hoa�� b�ck it ��ou1a br�ak u� �Ghe vi.�w �n th� brzck y�rd�. �� sta��d Y�� v�as tr� ing to �rlhance �th� Arc�pert� ,�nd vJC�uld u�� a� much lesW of th� 20 fect �cs �o��i��le. 1-I� said h� T�raa a�sm i:ry ing ta �aret�ent ciisturbing the era�k. ��r�. •r'Jaltan ask�d ii Irlr. Rat�ter cc�tala ca�� up ,vith � clif_`'�rcnt d�;si�n, �nd he r��:�.S�;d he cnuldr�' � builcl a multi-l�vcl. h�rnc because of the wat�r �r��l�m in �Yi� �i°e�a. Ch�ir�vc�man '��anlb�r�� ed if' th�re ��s �n;� ��a�- tc� �iet��riine if vr�viau� con�tructie�n in th€�t tarA�� hz�� c�u�ed the erQck �o shift. �Zr. �o�.c��n rclali�►d th�;� h� doubtcct it ht.d, �and thr�� h� fclt nr��ure had c�u6,°d th�, cr-�°� ta ch�n�;�. i�p ��d �h,t constructinn on �h� 14t ma�� tRnc! to maintain th� crack. Mr, K�-mp�r aslzed if :��r. Rott*�r plann�d tn do ariything to maintnin the creeK bank t� �rrvent it frQm ercaain�, r�nd '.�r. �mt�ez� �nsvaered hP did . P,�r, Holaen cxpl�incd �h€�t Actu�lly thA 20 i��t did not inclua� the nin- feet af boul�snt�rd, so ac�ually the houge would bc 29 fcet b�ek and th�- ncighborin,� hamVa wcrc just �1i�htly f1x�°ther ahead. �Ir. Carney aaked if Mr. Rotter would builct on th- lot r-�ardlcas if the varianc� ?�as��d er nat, and Mr. Ratt-r 4sid hc would. He rxolained he did not want to build tz small hausc whcrc valuea v��re high�r. xc ar�la the ar�a waa nica and h.c vae�nt�d t� keep it tha� way. He tivan�ed to z;a wi�h som�thing that waa nractical and an a�ffiset te► tne nei ;hharh�aod. �ie felt that sincc he ia r+ builder, he c�u1d uti.lize ttze lot t� th� bcst. !I � . i FRTDLLY �PEhLS CU�t'�tISSIUN ivlL.�'rING r�I�.RCH 9, 1976 - YAG� 5 � Kamper ��atad thr�t th�ro wa� a parada+x--�ne sct +�f n�ighcaars didn't w ant th� hc�u � c movo d b�.c k, nnd ano th� r ae t c�f ne i�hbo ra di dn' t want it m�ved forw�rd. MOTION by G�b�l, �^cmnd�d t� �'leYrtc7., to c1�ae th�* aublic h�;ari Upon a voi.cc vo�P, �11 bcing �yc, �h- mption carriGd. Chairwoman ';��hlr�r� st�ted th�t en thc l�t it�c11, f'ollawing thc curv� af' th- crA-k, it woul.d �till b� �otentiall� {��srsib�.c to build a h�use which c�u1d be a"L`� �h�pA whieh Vrould ailaw it to bc built int� thA b�ck �aortis�n and �veid thc eraaian pr€�bl�m. Mr. Holden said that urould be possibl.e to some extent on the south side of the lot. Y;:mmp�r askwd Mr. Helden hiz o�inic�r_ �� t� w2z�� v�puld h�ppcn to th� cresis �..f not�in� wms buili� �n. t��=ar, iot, and if th-r�° would ba drtPrinr�t�inn s�n t.��t �r•o�:�rty if nc� z�At�inin� wall w�r� �uilt. t�7r. Ii�lc.mn �stid if n.o�hing �� cons�ruct�d on thc lot h- antiC'1J�L`!`d cont3_nucsd �ro�i�r� �:o tr�, p�int wher° tY�e l��r�;A tree� mignt f all in tc� thq :reek. �.i� �€�id th:� cro�k h�� m�ved c�v��r a�Ariod af thr�:c t4 iQUr ��<^�r�, ��nd witli no r��ai.nin� �is�ll thax�° t�JOUId a19G b� continu�d er�si€�n. C�«ir�vc�man y`�ah�.��rg �s�t�d ;��. Rott�r i�' h�; would bc �villin; tc� lvok �t �th�a� .�l�n� and d�+ �om� i'urther ch�cl��ng �c� �� ii' sui«�$ c�-n��-.xi�� a��1d b� �rrivccl ��, �nd h�s rs:�li.�d h� �lr��dy had. H�; ��ted tl�� h�u:?�* �a�c?u1d Y�avb t:� b- � s�lit e;ntxy b^;c��u��° c�f' th� vvFa��r pra??l�rn. , .p. � ,, rc-rr �Y��tp�d h:�uq.� ii�� Hc f'�lt th� �am� k�rabl.,� vrwuld a:�i��t vi�th � L • st��-d 'a�h�n ��u � t�ar� �e�ti�i� in�� unu�u�.l d�si�n� �h� v�1u� is con�id�r�:b7.� hi�;h�;r, Chair:v�,�nan ,ti€�h?b�rr7 t�ald i�ir. h��tmr if' h�; w�,u�d l:�k� tm expl�rG samr additiun�l �.l��;x��tiv�� i:n� �3��ara acsuld �;�hle th� r�;c.�uPSt. �r. n�ti;�r �st�tPd h� i�vc�u�.c� pr�fAr ��m� ��p� o� d�e�.�i�n �+.�: ti�i� m�ptin� to �vc�id r�°pet3.ti.�n. G�b�1 ��;,t�a �tn��.ti �.t s�Ar��a �am°� nf t�h� ��+r�l� iu�� dian'r �t�n� a hau�� u�.�.t c�n th�t let r��c�u�p Q1� �Gn� nice vi��v th�;, h�a. Sntl �€aia i•�r. Rs�tt�r dia �at�n the pr�;��rty wnu clia n�:ti� � ri�ht tc+ puila Gi I� i. t . . Ch�irw�m��.n '�dtthlc�ar� saia Qr� �r�ncurrcd RQ^�cwhrit, but th� m�in dile*rmma was s�ill th� a-tb�ck as thn lot a�p°�tzr*d un�uild�bl� if.' fhe pctiti�n-r c�ula n�t cL,�n;?� th� d�s:;_�;n �f' hi� l�au��. Kemp:�r ��at�a in��L n� w:�s ��nc�rn�d �baut trvv thin..��: 1) `.Ph9 ri�?ht 1 mf � prap�rtj� awn�r �e� build dn a p3.F�c� �f' pr�p'rtS' 'Nithin th� c�ac ana the Bc�. rtl�s r�nllity �t� jus�ly �.d�ninigtnr t�clt c�as tNhen tn.•,re ar� h�ardskzipa, r�na �� th� �articul.ar cnvirdnm�-nt u�P"��+rs to 4- ' aAt�ridr�tin� �na if +a hom_:. were built th�re� i�C could pr-v�nC .ft�x•ther er+��i�n of' th� crn�ic. H� gt�t�-d that p�rkin� �va�► na �r��l�rn� but th�rA wag tna p�ssi�ble u��sthetic �ra►binm ccaerding ta tne nzi�ht�er�s. , i , , � , �_ J , , FRIDL�C A�P�i�ALS COa�gMZSSION M�;TIIJG I1iE�RCH y, i97� -�AG� 6 MOTION b KAm �r ��and-d b� G�b;l t� a,�pr�ve �h� r�;au`st for v�ri�nc�. _.______�._____. K�mp�r st��tPd th�.t if' th� var. iranc� w�a� �pprovcd th� buila-;r �h�auld attc!��t t� g-t t:�e h:au�� t�ek �� far �s pa�sible, nn� Also duild ��rmc t�� +f r�tainin� ws�ll. '�hiffi �rua acc�-pt�bl�; t• i��Ir. Rott�r. Upe�n a v@ice vote, '��hlb�rg, Gab�-1 r�nci I��rnper v�ting aye, Pl�m:.l vetinq nay�, th� :na�tie�n carried. C�iairwor,zsn b'Nahlb�rg �str-thd th€�t thi� �voula ;o b%Sar� th�s Plannin� Cvmmisaiom m� the 17th �f 1T�rch, 197�i . 3. FL.'CTTOIv OF' �II�IC��RS - CHATRIv:�iN liT�U VrC;: CtiAIF�12��I`l � � Uh�ir��m�n '�°1€�r,l.t�-r•o f�x>�.i,��:�ci thc� Bc��r•d Yiac� ��r� ��equ��t�d t�� .-ct a�hairman �na ZTiu� Ch�airin�i� �� th..;y n��:d�:d � �ne;mt�Pr t� �ttcnd thA �'lannin� C�:�::r_is�ir�n �n-:eti.n� or. ��Iaz�ch .L'7� �y76, �nd it mu�t b» n t dul�� ut'n�rize�d :n�.�, ��r of' t:i� C�m:nis�ian. S�� t�atcd �h� �;1.pct�d c�.f fic-r� l:�QU1a b� u?� f�r r�-^�1�ction '�n Ju.�y , 1.97G . ' N�amin�ti�n t�y �<.:m�p�r tm �p?c�inC t��x°�. ��J;aY�i�-=r,; an Chai�rvo�n�n �s h�- falt �hp wag �:mineritl;; c�u��1:��'iPd. Upc�n €� vc�icQ v�t�, a�ll ��tin� �y�, Chz�ir�P��znr�n `7�zahlb9r� �� A.t�et«d. , ' ' �. , � I� , . I ' ' Nc�min�tic�n by j 2�u��1 t� t�OjJt��.11� I:�Ir�. G�abf,l �s �Tice Chair�.a�r��n �s �hr� h�ct �x.�wri�nc� �n the �3�.�rd and �va� r-:�ul:�r1� in �ttpndance. Upan � v��.c� uc�te, €�lt �r�ti.r�r; �.��, to2x�g. 1��b�.� �t1a�s �.��ct�d. I��'I��;►7S RuF':�.:R�(%:1� .�i0 �'�-1� Cvi,'IiYIISSTUN �RUi'�I TH�; � I:,.��dP�ING „Oidi"i'ti�1ISaZ�IV : Ch�3rtiv�m�n �ti�hl�:�rry w�1c��n�ci ��1ex Barn�z t;� the C��n_ni��i�ri. He will �ff'icis�lly t�.kc �ii� ��iti�n �n �=��ri1 .�, 1976. Sh� �1s� ns�tcd ��i�t .�� s�b�1. h�d �een r�-�^l�ct�cz t� �he ��.�3.x�d. L`h�ir�vdm�� '+'�'s�hlb�r� �t<��;d ��z�.t �inc� the y�utli wa�re h�vin�; c�n`'lict� amang th�rnsAsve�, thc� Fridl�y Y�u�h C�nt-r p1�n i� c�.nc�ll.rd t��n�- er�rily until they c�n a�r��s �n �ne c�nc��t. C��.ir��0�n�n tiV�hlbMr�; inf'arm�d th� Com.:iiqsien tt��:t th�- �'�rk� �nct Rrcr��tian C�1n�ni�si�n n�mMti � a�ri� �fter G1.en `�'n�mpAOn, Shc ala� stat�d t�•rp ��rr.rr� nir�� unn�tucci p;�rk$ in the city at tihis ti.me, �:nd P�rka �na i?�;cr-:xtiion is �411ci�ing n.�mA� f`er thrse psark9. Sueh�°�ti�na f�r n�ame� sh�ula �� te �ith�r Cnai.rw�:na�n �1�hlb�rg or Mrs. Gahel. 4Yi t% r� fpr��nc� t�+ r.h� Cora�rgl�an�ic►e H�us in� Pl�n, ChAi r�v�m�n rtfxhlbGr? ��id thp CSt� haa ms�a� s�n �.pplic�ti�n �� tI1A Frgr�tr• C�uncil far �5U,U00 ta be ua�ci ior a nunb�r of �ra jactw Qatlined in tl�� C�mpr3h�naiva �ausin� Pl�n. �I�c� tald thZ Beard that ::�r�. Ga�b�l hs�a t�3en atuay 1n� th' plan and •tt��r cn�r.ib�;rs ar� welcoma ta l�ok �t it. 3h�s ne�ea tn�t i;�. th�s a�pplic�tien thtit w�e m�ae, the vi�w w�a very ca�mplim�ntary tiow�rd th�► atuff, a�na. �he City •f Frialoy r�cr�ived t�p r+�tin�a . � � FRIAL�'`Y A��►L5 COrn��TSSTON rdE�TING P�I;�RCH �, 1y76 - PAG� 7 �G � Chn�irwom�n rJahlberg uaia th�t in ref.r,ranee �� tl�e �ritic�l Are�a Dev�lvpme�t �f t;h� �1i�ai��i�pi Hiv+�r, it rxA� be,r,n s�ppravod that i� Frid.ley �oin in the �ri.tieal r�rca Lev-laprGent prs j�sct. ADJOU�ii�Pd:�JNT: I�IOTTUPd n P1.-m+14 te ;�L1��d h�.p�;�, to �,a��urn the ;��tin�; of th� H�p^.:a..ts C�m:zi�giGn a#C y t;5u P.;�i. U��n r� veice ve�t!►, �11 vc�ting aya, th� m��i�n c�rri�d. R�sp-ctfully �ub�nitted, 1 .�..i G�..d�.�.,. : �•��`� < ,� ` �n'�, � ' � � Sh'rri 0 �;Geann�ll Rec�srdin�? S�cr�t:�ry � _, ' ' ; �, i' �,:�. � i j i i � II ! . � - ..._ � �..� i � p `� ` � -t---i------- � --�-�� , � ;� ..1��,y�s 'l-�� 4� . ,...... � , �o� ', �: , l�' ; � ► Y I i� `'� ! � i . �. � .�, t ,, O � r^ D { � d) � f' i�_` . � � ! �-y� � ...I � � i �� ' .� �..._ _.' _'_ 1 . . f `/ � �...��.�. Y._..___- ✓1 � �� 'j W 1h __ 4 � � � �,P �. .:-T�'�jq + ^ 1 ----'------. . --- -- � �r i �. i. �.,.•y.� �.S � � n; � � �'' ., �,-Y/ _._._(, ; N' � � • �.s_ . y e, `"<r i' ;�►�:--},_______._.___.. -- � ! -.-� �4 .. � �� j { \ } .� , � iA_ \ s. ' '\`� � � `� m i � �. �� ' � ..._� �'i - , _ . .. . . *� �'"�•:i � "�'-`��` ',r> \ �'�z-� � . I ` � �: .�- / � , C�i---"_„�`` • .�„� �+'�° � � + �. ., ! i/ �.......-. . . � i �{ /✓ � ""-�._ 1 ` n � � � •r'/ / / � '� , �\ � f � , ' : _ ,; .�� :�, ,�,� � �1 � QV �1 ' . ` 'o �s � � 1 ; � M_ � �;. l �; � �._. ; , ' � ,• �l i4 �� ` i, ii- `� t... ` , � 4 I � ` #L � �I � � t � � � �: , . ..,�.... —�.. � � _...�,,._�t__._�,.` . �, �--._ �,..-, �� _.-_ ---- y . �q " , --- �. � , ;: � � � • �.. . S � � " cx J ti 1 �. � o h � 0 David Rotter 8100 Ruth Street NE "�-•K �i 0 �... i+ --- ....i � ��. 0 CTTY OI' I'12IllLLX PLANTIING COMNISSION ME�TING CALI, TO ORD�R: M1IRCII 17, 1976 PI�GE 1 g I Chairman Harris cal7_ed the meei.ing to order at ?:90 P.M. ROLL CALL: blembers Pres�izi�: Scott, F3ergman, Harris, Peter_son Mc�mbers Al��cnt: Wahlberg, Lagenfeld O�hers Preserz{�: Patricia Gabc1, V.i_ce Chai�man of Appeals � Commissioii L-�e1�nn Spor�_e, I�lembe3- of �nvi�-onmerital Quali�y •Can�m=ission Jerr_olc� 13oardm�al, Ci_ty Planner API?P.OVL_P.LAi1�NI'i�G�CO?'��ISSIUi�? _P�1INU�!'L''S _ I�1ARC3I 3, 1976 Mr, I3ura,man said the si�.th si:.i_pu� at]_on on pac�e 14 of these minutc}s reac� "l�e��xe��, if thcre was z r�eed to ozz.ly allo��e of� street par'r,ii�c;", He said that tl:is �11ou1d ic�d " I:eview on-street par�cing relative to str�e � wid�C.��s" . IIt77'IOrV b� Lc.r<rman, secon�eci by .5cott, thU:L the P]ar�n_ing Co:nrnission ap1�rot�� thc� minuLes of t-Ize lfaz�cl� 3, 1976 m,r,��ti,�g as correct�ed. Upo_r� a vaice vote, a.1.7 vot.zrlg a��e, tP,e motion c��rr.zed unanimous.Z�. RI;C��'Ji�?Fl CO'__iiiL7�?T 1'�T llF'�'i:LG??��:`T COi'.i�i� SS:LC)�� A.IT1i7�•I_,S : T��.RCF 9; 1976 Cr�airman Hz�_ris poix�tnd �uL tl��t tizese r,li.r�utes co��tained tliis COI11I111S�;'lOI1's rc.commendat.�_c�n on 40' lof: ,, ��hicll �aould l�e put on �he ag�nda of t:]ie Planni�lq Com:l�i.�, _>ior� ��s soon � s they got the iecornr,l��lda(�ion of �he Lnvi.ronmet�t;a]_ Qt��7.ity Con,missian. A:OT1�OlJ by L'ergm�iz, s�condc.�? hy S<�oi. t: , tha t tlie Plar�l�ing Cominiss.i an rece_ive the Comniunit_y Developir�erlt Corn�;i.r:ssion minut�s of the �nee�ir�g of 1�iarch 9, 197G. M7°. Eergman said he wouid liJcc ta poir�t ou� some af -�ne h�ic;hlights � of �lz�sc� n�inutes. He saici thcy hacl c�t�abl.i:;h�d 5 point.s o� cc�nccrn in rc}g�;rd to a t�en centr�r in I'ri.dlc}�. `�hese were spa.ce, time, cost� acc�ssibility, alid validi.ty of s»rvcy. l�e s�:aid there was a motiUn mad� i�a commur�icz�t.e with tl�e IfUIll,i�i Rc�:�ources Corunission to se� iL � thc�y co�lld obtai_n a timetable on ttli :, i-r_c�ucst by the 1'outh Pro ject Conuiiittee, and tablc any acti.oii l.�y i:}ic� Conununity Development Commis-- sion uni�il this �aas dete�minec;. � � � ' hir. Scoi�t ��aid tlze Youi:h Commi.t:i:c�c� Project Committee �unction w��s i to ��zcivi�;e the ii��m��ii I2��otjrc��:> Corru��i:;�.,.iUn, thc Planning Canuni��].OI7 <7nci ' tllc City Coi�ncil on youtl� ac;.ivi:ti��:�. `I'hcy th�m�elvcs do not� vic�w tllcrosclves as ai1 action-ty��c� Co[timi.l�t�:e to ruii a youtli ccntcr. '�'hc'Y ju`:t �aatZt i_� bc thc� mc�ns whc�r.�� mit:l-er�; ri�lciti.nc� .t�o youth:� arc� brotic�lit: t c? t.hc clt:tc�1]L'10[1 ot i_he Cit��. 'I'1��c�y ��i'�� not st�re tlzat i�17c�z� w��s �� ►��r.c3 f�c�r the teen cei�teL. 'rhey :�rc condtactine� a yc�ui:h r�lly or� 'i'litirsc��iy, Pt,�rcti 18, 197G in the Ci.vic Ceni�er .�.o dc�t.etmine ,if the you�ic� peo�lc in Lhis 0 I. __ , � � r � � Planning Comm�ssion Meetinq -- March 17, 1976 ___ Page 2 � � community want a t�en center and if they would supporL it. They have gone out and go�. some professional assis�ance to: Presonleto thc people who attencl this rally�, both adults�and'young p- I� different proposals from different teen centers around the Metropoli- tan 1�rea. This way the yaung people who attend this rally, if they want a teen center can decide which way they want to go. He said that he would expect the Fridley Youth Project Committee to ultimately make a recommendation �o the City an this proposal, and whether it was feasible or not, rather than they themselves run ni.ng a teen center.. Mr. 5cott said the young people would be runninc� this youth ra11y, and they will permit adults to �ttend io listen to what they have to say. Iiowever, they have ask�d thai� th� adults don't say anything unl�ss they know what they are talking aboui, and they teel that thai:•way, �hey wouldn't have too much adult participa-- tion. They £eel that this proposal for a teen cent�r was sometlzing new, and they would like to get as many people involvea as possible. Mr. Scott said ]ze fi�hought it. would be a good ihing �or adults ta attend just to see how the young people conduct themselves �� Mr. Bergman said they also passed a motion recommending tc� the Planning Commission that the ordinanc� be revised to require a public hearing before a bu�iness license can be issued in a resi- dential zoned ar_ea. He said the Community D�velopment Commissian � was open to direction on th�_s maL.ter, and would like the Planning Commission's cornmei�ts on ho�a they think this should be handled. Mr. Bergman said this motion grew out of a home occupation licen�e f beizZg granted �vith some conflici� and concerns by the neighbors, and pazticularly rhe surprise to this neighborhood. � � I � ' � � Mr. Boardman said he felt there ��7as some m�.suncie�standing by the Community Development Commission. He said there was no license requirement. for a home occupation• He said that none ot the businesses in l,ridley were licensed. 5c�me o£ them were 7.icensed by th� State, ar�d we da have some licences by activity, such as food, vending or liquor licenses, etc. He said that any activity that met the provisions for a home occupation did not have any revie�� process by the City. He said that if someane wanted to have a Ueauty shop, for instance, in their home, they can do thia without City revi�w, alt}.�ough i:his requires a Stat� license. They just have to meet the requir_ements of a home occupation. He said that many people check with the City admini.stration to se� if �ahat they want to do in. thea_r home meets the home accupation requirements in the Code, but if t11cy know i�h�se requirements, there was no reason for �he City to become involved under th� pr�s�nt ordinance. Mr. Bergman asl:ed then wliy the man in question did come to C�ty I1al.l. Mr. Baax'dman said he just wanted to check on the home occupation requirements, and if his busine�s met these requirements. Mr. Baard- man said he thought the proposed busi.ness was Ulown all out of proportion. He s�id that because Columbia Heights does license business, and had denied him a license, and it was publicized in the Sun, everyone got u��set. He said this man had a full time job, and had a sm�11 clientc�l�. rSr. Bergman said i�he City ordinance ori home occupations did no� requirc� tha� he contact the adminisira�ion at all�then. Mr. Boardman said this was carrect. Mr. Harris said� that'mayUe that particular businc�ss should be licensed, and maybe the Community Devclopment Commission should look at that posszUility. ].976 Page 3 � K 3?lanni�ig Commissi�n Meeti.nr� - March 17, . _-_ Mr. Boardman said that j_f it p].eased thc Pl.anniny Commission he would prefer to have this cio �!5 one item under thc Maintenance Code. We wil.l bc t�alking about busincss ]_icenses in that section. He saa.d a determinat.ion could be. macle �t. that time, ratlier i�han handlinc� �.hem as twa sep��rat� ii�ems. Mr. Scott �aid he h�.d som� reservations al��out a business l.icense for_ a home occur�at:i.on bc�c��use he thouc�lii� they were treading on pr.etty thin c�rouncl c�rhen thcy siart L-e�.lir�� peop7_c� �ahat thcy eould and could n.ot do in their o��n home. Iie sa.icl a fe]_low in his neighborliood h<td a}�l�atog�aphy shop and hc� saic� some ��ec�ple could i�ake of�ez��e o:L- tlj��t. H� said 1ze i�hou{�ht th�_� shoizld be handled in thc� .revic��-a proc�ss when they c1ic�_�.ssed bu�i_ne� s licenses . UPUIJ a voa.ce votc, a11 voi.ing aye, i.he motion carried unanimousl.y, r2ECl:IVi T1�'P1,i�I:�S CQLi?,STSSIOr: ?�11NliTL'S: Ni11P.CII 9� _1976 MUTIOA? uy Ga�aei, secol,c�ed x,y ScoL�, �tl:ut �f�� P.Zanning Comm.-�ss�.on zeceive thc� Appea_ls Cornr�ission minutLS of thc� ISarch 9, 1976 meeiing. Mrs. �Gal.�e)_ saic.i that on the var:�a�ace reqt�c�st by AZr. Rotter . to reduce t.he fro:�L- ��a��c� sc>cback :��=cia 35' to 25' �to a.11ow cons�ructi�n of a ho�<se ��t �3100 Rt�th S'crc��t_ sh�� cvol.ilc� 1ir:e to ga over some oi tlz� points th� t h°lped ils arY�ive at our c3eci�;ion to a��prove this �Ja?'i_�.nce. �'h.e sai..d that ;�Zre P,otter �-ras p.resent. at this me��a.nr. Fia°s�t, t.I-�e Lc��-:�: �.:�n dra��s ay={ considc�z-ak�ly � n t.l�c� bac�� of the l.ot r anc�. for h:iin to mee;_ tlle 35' se�b�.�c',� �^10t11� l�c� ecoi�omic:�].1_y un� ��a:�il�le. Secoi�d, i.ze Eac�til<�! t°t+.7z �_�zi�r> 1�'t�� ti•�aLc�z� t.ak�:i.c a1_ lic 3ti�t -L-)i� noYl.�?1 S�'t;kic�.t`ii I-t=_'CyUlYClil�i7�;.� U,�� czL? �C SGl11C O� �):ZC� I�G'LCjil}�C1��.S' Q1Ci CQ?'11:1C'l�t. t.i�c3� SOl7�c'i-�i_i;:C3S i:l1��.-LI: }Jc�C7}, y�x2'il,`.7 ��'^]"C� i.�-U:.;i7.E'-C�� 'i7C'`i t.�115 COU�.C� I�c:ZJi�C:� OJ7 th �s lo'r_ a:ls� � p.��-s . G�-�beZ saia �1.1�.�: L P�ar_ . Ro�.t��r al so ag�°�ed to j�ut u� sar,i;�� =c�r��e al= st�.c.�rincr ��I.on�; �i��: c:reel. ta p1'r_�Jent .� urtl��.�r erosio�.. Sh� s:i j.c� oz�.e o�. �i�l,� c� i.-.h<. �� n� i. �ilboa�� Ii� s al.re.aciy donc thi.s , anc AIr . RoL��l:' said hc 4-.o.k?.c? be ��;i1lir�g to ��rc.�rt�: �-zitlz -i�.his neiu;hbc��.. r,r. iO�i:�'i� �1ciS c��0 c_1CtI°G'��Q i.CJ t.i�' �O Sc3VG' t3=C'C-'_S 011 ��.1115 �'iO(7':�E.'C� �..0{"i.., Tdrs. C�ahel s�_i_ci tl��: APpc��ls Comm�s,ion felt i.hat i.he h�rdships in�roJ_�-ecx on b.�ilc?i.1�� oi� thi.: J_ot ��ere oY�vious enough tv �aaz:ra�7t a vZri.ance being c�x:�t?ztc�d. Chaizma�� Iiarr�_ � said �.l�e P7_unnine� Commi ssion l��ad ieceived a ne�•� adminisi�rat.ive r��Z�crt on ti�i;; request and a letter from a neighbor. He 4•�ou�d like a motion to recc�ive thc�se, and thei� he would read them to t�hc a�:dieizr_e . PJOTION by Gabc.�)., second�d by Scott, to receive the adm�nistrative staff z�eport �nd ihe 1cti�er from t�1z�. & h1rs. Rob��r.t k'ritch of 8101 Fair.mont Circle. Upor� a vaice voi:c, a11 votinq aye, tl�e motion carried unan�.rnvusly. ADNIINIS`J'RI�TTV� ST71T'T' RI?POR'i' $1.00 Ruth S�reet N.�. Ti�is report was preparcc3 i.n response to a Lequest by the Appeals Commissio�i in tlieir Dlarch 9i�h, 1976 meeting consideration o£ a variance to i.he 35 foot froi�t yard setbacic requirement at 8lOQ Ftuth S�:rec�t� N.�. Thc sta�f was asked i:o determine if �lllj� CJOVC�'I1111Ct1�al � .. . . ... .. . ... ... . . . Pldnning Cornmission Meetinc� - Mar.ch 17, 197G ' Fage � g �- � badi�s or departm�r�ts have i�r�pos�d any resi:rictio�zs on the proximity of house footings to Spring I3roolc CLeck in the area in c�uestion. This report is i:o be presented to the Planninq Commissi_on.at thei� March 17th, ]_976 mcet�ing in conjunction with , their coz�sideration af the March 9th Appeals Commission minutes. REPORT It was first determined that neii�her "Ric� CreeJc zVatershed District" or "Coon Ci-ee}: t•,Iatcrshed Da_strict" were i.nvolved . (The area in question lies bctwcen tlleir respective jurisdici:ions.) Spring Br.00k Cree}: cun }�est be described as a"Public Waterway" in as much as it drains the I�orth Park area �ahich is designated as such. TIZe Pollution Contr_o1. Agency of Ninnesata has no juriscl.iction in this area on suc}� ques�ions as house sctbacJ�s f��om thc Cr�ck. The StaL-e lle�«r_t��ent oi Natural Resources has no jurisdiction on �aor}c n��r a"Pul�lic Wzi�cr��ra�r" , bu�L they woulc� require ;7ermits bc�fare an��aork cou�d take place directly on the Creek banks or in the erce}c itsel.� . The Cit�T's Flood }'lai�z O�d�_izance jurisdiction docs involve Spr_ing �3roc�k Crec�}�, bu�� a.nJ_�T �r�m tl:e P�Zissisrippi Rivet to East River Road, (T1_ic� a?�ca it. qt.�stion is upstream f_rom Fast River_ Road. ) Finally, the Cit.,% of Fr�_dley's F'ub]_ic t^?aLerways section af the City Cocze adc�iresses itself only to c�,ork on the im�ncdiat;e l�anlcs of Spring �roo}� Cree1. or in thc river ber� itself . On tiie bas.i_s oi" the above infoimation, it appear � at pr�sent tha� the.r� are _zu res Ur_ ic.i_ions on t:.r�� ro�imity af house foctings to Spr:ing i'roo�; Greek �_r: tlze �100 k�lock on I�u�h Streei�. Ha`,T�ver, any ��or� oi� -chis p�_opertyo un i:l.1c� banJc:� o� the Creek or in the Crc�el;. i-i s�.1f shcuid be ��irst cleared throuql7 the City of I'r? dley �i�ginec��, aizd al�o i�hrougl� the Departrnent� of NaL-ural Resouz-ces. Pt-cparec: ��5arch 1.5 , Ron��ld L. IIo?�cn �3uilding Inspectiaiz ]_ 9 7 G b�� Of�icer Tize �017.o��la.ng is tlze letter from Dsr .& Mrs . Rol�ez t I'ritch : City of Fr�dley: To whom it m�zy conc�rn: "In reqard5 to tlze rizrch 9tli rneetinc� at. which time M� . Dave Roti�er reques�.ed the variance on L�t. 4 changcd from 35 �eet �Lo 20 feet irom i:he �cii:�.es 9 ioot boulevard. I�i� tha-� meeti.ng Mr. Roi�i�er st�ated that he would build "r��gardless" it 11e qot i�he var•iar�ce changed or not. But,, is t11e .lot aci�ually "buildabl�" at tllc 35' v�.iri.ance consider.ing �}zc� si.zc� ot noiise hc� has 1„ mind to build, whicll w�u.ld be vei-y close to �.lie creck bed, and also mic�ht cause a praulem �aith the waL-er tabl� if the v��riance is iiot changed. ns i�. WcltiC�:t SCLiSS(]C��it t:.Y1C F11CC'.i:lllf� � Mr . I2ot.ter knew when h� purchased "S��riric3.13rook l�dclition", that. Lot 4 would be difficult to build. , A laxge house on Lot 9 may sp�il the natural appearance of the 1ot anci ar.ca, and mc�ybech�an�a�� the flow of thc creek. Zs Mr. Ito�ter rc�.�lly interested in u�ii�g Loi: 4 for its best qualities, ' � � � � � � � � � � � ' � , t , � Plannir�g Commi.ssion Mc�eting - March 17, ].976 P1ge 5 . .8 M ot a nai�ural_ creek area or is his only interes� building a particu�ar sty7.e house. Mr. Rot�ter also s�.ated Lha�. thc hou�e th�t he has ��]:ans to build would incr_case the va]_ue af the propc�rties ��round it. P•�aybe a di�ferent plan house that would cornpliment the natural. surroundings of_ ihe lot and creek would b� just as prof.itab]�e to all concerned. If a house i5 to be buili� on Lot 4, the 20 foot variance would probably be best in ordcr to maiiitain the riatural sorroundinc�s of the lot and protect thG creek az-c�a. P�Ir. & Mrs. Robert T'ritch, II141 rairmont Circle - Lot 7 owners." Pdr. Boardn��n gave Chairman Iiarris another leL'Ler that had just Ue�n �ereiv�a. 1•10TI0:1 b� Gab1c, seconded by 13ergman, tliat tlle Yl��nning C.ommission xeceivc the Zetter frorrr I•1r. & r1rs. Cl.�ar_Ies L. Klinefelt�r, 81�5 Rut;13 St-rc�t PJ.I'. TJpon a voice vote, a1.1 voting aye, �he tnotion car.r._i.n_d un��l�iinot.isl�. Chairman Harris read i�l�e let��r from t�ir. & Mrs. Klinef�:iter. ":Ln revic�•a��_ng i�he miriutes �.r_on� the Ap}�ea1_s ir�et.ing, hiar.ch 9t,h, we �eel the.r�� have b�en a feua points mi�.�scd. (1) Ii I�ir. RoLter is as:iing �o.r_ t�his v�riance to l�uild a hig.�er and bctter ho;ne thari t�t�e minimam code rec�ui.rc:� � he 1�iGs th� rig,7� to receive th�t v�a�i.ancE�. (2) G�'c� feel th��t if �t�hc- �_ot is. }�ept a� t�he 35 ft. se�t-- bacic, t�=hoe�Ter ov.i;� il�iat p3_-opert�T is lima_tec� ta vJh�:�t 1-�e or sl�c coula bui ld on i.�.. This mean�-� there is a po;s; }�a..1.it�� oi buil�3:in� a 1o�a valuc ho�,1cF co rn��t '�hesu codes, �vlli.ch caL�:l.d anc� wou7.c< l.o��;�er. �.he value o� th� ho>nes a_�ot�nc� it. A highcr valt�e home �-;�_11 not bnly a�ic: t��x doll.ars to oti?� CiL-y, but_ inc.r�,a.��e thc� Va1u� oi tl�c surraund� n�r ho>�le. .{3) If the r�al reaso�z for apposiLi_on of i:his variai�c� is bec��t�sc �a:necrae doesn' t�-�ant axiy hornc built ori tilat 1ot, for ��?hatevcr reason ,ze or she niay hat=e, ��?e suggest that pc�r.�son slioulc� t:r_y to buy th�:�t p?`oL�urty from P�Sr. Ro��ter. '1'l�is would not tic� up so,nc:one elsc�' s money for ano�her ` s personal reasons. (4) Tt �aas noted that sorne os the p�opl.e feit i�he.r� could b� an aeci�hetic problcm �1Tith a ne�e home oi� tha� lot. i�1c� believe we a�_read�T ha��e that p7�ablem thcrc, with ��eda � tra �h, b�er cans� -C'tC. Wc hop� tlZis (Ca.ty) Cauncil secs �it to r�duce the s�tbark, or wh�tever it t�kcs, to a.11ow this man to build. We ueli�ve he has th� right to b�aild thc 11ome he wants, as long as i� stays �s clvse to codes a� pos�ible under these UriU5i.la1 circumstancc�s. Thank i'ou." Sic�ned by Chucic & Bonnie Klinei:c�ltcr. Mr. Robert C�'enne, s11II Ruth Streei: N.r. , said his home �ras ne�t door to i:he 1.ot in qucstion. Iie said he felt ii� �aould be Jacst to a11ot.� the pc�titionez to obtain a variance to construct i�hi_s house som�whcie alzead of tli� required 35' se�back. He said that he knew the diop aff from th� bacic y�3rd was extreme. He said that in order to see to it that �he nciqhborhood was m��intained i.i7 a d�cei�t maizner in tcrnls of th� kind o� Struct-ure tYiai� could ue uuilt on this lot, he i:houghi� the structure should match thc neic�hUorhood as best ii can, tie said he would rathcr see t.he building farthcr forwarc� and a nice struc�ure, than to see sometliing cai.tli very minzmum standards . As �ar as i:he plar_emUni� o� this housc: oUstructing the vicw, he said from his house in any � � . g t� Planning Commission Meeting - March I7, 1.97G Pa�e 6 i� any direc�ion, if they examined �he curvature of the street, � and notice the setback on the �xtreme ends of it, they a11 stand fur�her forward than �+That was requested with this variance, so � this wasn't a big �roblem either. He really felt that the petitioner deserves to develop this lot in this manner. M�s. John Walton, 8066 Ru�:h Street, said that their house was on the other side af the lot in question. She said that at the Appeals Meeting a lot of time was spent on the type of house that Mr. Rotter wanted to constuct on this lot. Sh� said this lot was a peculiar shape and it had peculiar problems. 5he said that the Appeals Conunission discussed whether they had the right to tell a property owner how to develop this pxoperty. Sh� said that the Commission,was divided on �his issue. She said she felt this was a big house tlhat would crowd the two houses on either side of this property. She thought i:he proposcd house would look li)�e a big apartment building with resid�nces on each side. She said �hat P.uth Str.eet cur_ved right in front of this lot, and the Creek b�d took a lot �rom the back of the 1ot, so it lc�ft a small space that would be buildable. She said that the construction of this large house would destroy the look anc� feel of the area. Mrs. Walton said she had asked at the Appeals Commission why there • was an or.dinance which stated that the front yard setback had to be 35`. SIZe said tha� she was told that it was ior parking and aesthet�ic purposes. She said that DZr. Rot.ter was clai.ming that by d�veloping this lot, it ��ould imp.rove the neighborhood, and an the other h.and he wus saying that aesthetic considerations should not be con.sidered by the Conlmission. She said she had no objection to Mr. Rotter building on this lot, � but she felt that a variance �.f that deqree would be obnoxious, aesthetically. She said that Mr. Rot�er bought up a lot of property aL- one �.ime in this a�ea, and he knew the problems he �aas buying c•aith tlzis l.ot. He knew that a house couldn't be buil� on this lot wzthaut a variance. She said that at this poi�-�� in i;.ime she felt that I�ir. Rotter was building this la�ge house for self profit and sel� gain to �.he detriment of every neic�hbor in �his block and she protested. Mrs. Gerald Carney, 8125 Ruth Street, said that they lived directl.y across i�he street fram the lot in qucstion. She said she was told at th� I�ppeals Commission that her fe�lings didn't count because she objected to this request for personal reasons. �a� have a small.er rambler typ� house, and the houses on this side of the street wer� sma�ler than the houses aczoss the street. She felt that the {�ype of home that Mr. Rotter wantec7 to build on this lot would lower the value of our homes because they wer� not as:.pr-et�ntious as the other homes in the area. Nir. Fiarris told Mrs. Carney that tzer opinion counted. Mrs. Gak�le said she was sorry that Mrs. Carney ctot the opinion that her feel.ings didn`t count because the I�pp�als Commission did spencl an hour and a half coma.ng to thcir decisiori. She said that in regard to t�is house, it was being built on a 100` lot� and the only variance thcy had asked ior was the front setback, othcrwise it did meet all the other'setback requirements of the code. The Appeals Commission didn•'t feel this house was too large for the size of the lot. �_J � . Pl��rini.ng Comma.ssion Meei:iny - March 17, 197G Page 7 $ � � � Chairman Il�zr_ris said that hc had beci-� over and laoked at the 1at ancl he wondered if th�rc was a site plan for i�l-�is lot. Mr. I3oarclman prescnted a dra�ring made uy Mr. ltotter, sl�owing t11e ,�el.cvations on the 1ot� and thr �errain next to the cr.eek bank. Mr. Ilarr�_s ask.c�d Mr. Rotten c��w he would shore up the bacY of this lot. Mr. RaLter said that hc would usr. railroad ties, and ii� t��ould bc a syst�em of t�rraces clone wit.h railroad ties. He sa3.d it would be the same �ystem that �-�as used on i:he adjoining 1ot. Fie said the hause was so designe�d �hat th� end ot tl�ic c�arage woli]_d be cl.osest i�o th� }Zic3h water table. � Mr. IIarris asked �Lhe lot size. Mr. Boardman saia it was 100' by 1.00' . On loo};ing aL tl�� site plan, Mr_ . IIar�-is said that this propos�d liousc� �rau7_d inc�t a7_1 t.he ather setbacic requirements ' e�cept �hc front seLback. Ma�. Ro�ter said this would b� a spli� eni�r_y hom�. 1 Mrs. Sporre as}ced i� by apnroving this variancc� so that a bv.iJ.di:�c� L�::;��r:;:ia,� cc�.zl.^ bc� :�sti�:eci if thc� Ci_t�� o;��l_d bc liable if th� re �-ras Llood or water ��amaUe to this horn^. frora the Creel{'? Chairman lIuzris said no. T�ir:.>. S�or_re sai.d tl�ere <<:as a gY��ing I d�zn��er of flooc�iz7c� becaus� there was 2340 �c�_es ir� that wute�shc: . Mr. Iiarris sa_�c? �that iro_n tl�e to�? ot tl�ie bai�): f�o the norn;al t•,�ateL � � � level oi tIie Ciee}� taas 19 ` rir. S._,ott as}cec� ^ir_. Rotter iF he ha.d biiilt ot}�.er hor-�es in this �iT'C'.i�? Tl1". �ZO��'i" .�'�al��' �"lE'. �1c1C�. t•iT'. �CO'�i.= ciS�LQ {=�"1�? 1�1"� C� Y'c�T1G�,P_ of t?�e ho<<�:� � lze i7a�i ;��i.lt. i�7}_ . ReL-te:� ��, �d � ��om $�5, 0�0 to $8 �, 000. I��r. Scati� �s:hed if_ t�� house 2ic �ic�;oscd to bu:i]_C �ccul_c? k�e a_n that .pr_i_ce raraqe? Nir. I:o�t��r .�aa_d it <<�a� cci::L�ar�_ble %.o th^ o�L-h��r housc�� he l�an buil_t i_n the area, solr�c��.l:c>:ce in e�cn��s ot $50,000. Mr-. S:;ott as?�cd Mi°. Rot�:ez :if the p?�oposed honie ��ould �e s�:�lablc'-. t�ir. Rotte.r_ sa:id i� wotxlc� b� . ' I�ir. ITar_ri.s as��ed if this ��ould be a ��aallc-aut. I�1z . Rottc��' said i�L haa i-.o }�` a i�r. Ii.zrr�i_� askcd. if he h.ad thoug?�t= about any other typ� of dc�sign for L-hi..� house. T�'. Rott�r saa_d fihis desic�n � requitec3� th� lea�i. �a�lzount o:C va� iancE. He said he ha�d asked for a 15' v�ariance, bti� he �va_ni�ed t.o use i�he le-�st. amouni� o� variance as possible o He .�aid hc� ��ou]_c� tr_y Lo ��t the house as far back , as possible to t�r�7 ai�d maintaizl the 1oa}� af i:he nc�ighborhooc� and he would al.sa like ta savc as �nany trees as possil�le. �_J , i � ii ' h1nTI-ON 3�y Gabe1, sccarlded by Scott, that t11e Planni��g Commissio�� recommend t�o Coilncil th�t they cot�cur_ ctiTith the Ilppeals Cor�r�ission in i:he approva_Z of a front �ar.�3 variance on Lot 4, 13Zock 3, BouJ•deaux's Spring Brook Addit.ion, the same being S.I00 Ruth Street, Mr. B�rgman said lie read i�z the Appeals Commission minutc�s ihat if t.lzis housc �,T��s bui ].t at the r�orrnal 35' setbacic ttzat it wou�.d invalve gr�at expensc�. ile as;c��cl Mr. Rot�tcr if he could explain what i�his meaiit. Mr. Rottter ��id this hou�e would cost betwcen $55, 000 to $G�">, 000 de��ending u��on the amount of �,�ork he woul_d have to da in �he U1ck yard. I�e said that if hc mc� t17� s�tback require- ment hc� wauld h�ive to remove si.x largc oak i.r�es, and it would cost $200 a st�ump to have these removed. IIe said �here wouldn't i , ' � , . . .. . .... .. . .. . . . 8 P Planninq Commission M��ting - March 17, 197G Pa9� 8 be�any back yard then., and he would have i.o �uild a series oi decks so thai�2�is chil.dren would have someplace to play. Mr. Bergman asked if he had built the homes an Lot 3 and T�ot 5� Mr. Rotter said he bui.lt the home on Lot 3 but not Lot 5. Ae said they had �o bring some material in for Lot 3 to bring up the rear yard. Mr. John Walton� the o�,vner of Lot 5, said they hudn't l��.d any problem with thei_r lot. Mr. Rott�r said that Lot 3 looked a lot ].ike lot 4 does now, but it had been shored up with railroad i�ies and terraced, and he would continue this same shoring on Lot 4. Mr. Bergman said hc was trying to determine the feelings of , th� neighbors. Mrs: Gabel said it seemed like the neighbo�s were pret-L-y evenly divided as fa� as being for or agaznst the va�: iance . � I�rs . Gabel said ��haf: I�Ii . Rot�ter had aqrec� to two stip�.�.a �.ions wlzich were to build a retaining wall.and to set the house as far back as possible. Chairman Harr?s said his concern was �he bank preservation. He said that if this va.riance was grant�d, he thought the staff should pay �ar�.icular at.tention to the bank preservation a-c the time the builciing permit was issued and during the construct�ion. UPOId a voice vote, al1 voting a�e, the motion carried unanimausly. A'Ir. Harris said he had a question on an item that th� Appeal.s Comanission did not handle and that �aas on the blanket variance on the townlzouses in Innsbrucic Village. t�7hy was that no� handled? Mr. Boarc�man said it was the decision of the City Attorney that under the townhous� ordinance there were no setback require- meiits. The to�anhouses caere approved stri.ctly through thr to�an- house plan. Chairman Ilarris said he tliougl�t the �.ttorney had better rcad the ordinanc�:. 1"t doesn'� say that any place in the townhouse ordinance. He said the front yard setback was 35' in R-3 zoning and the townhause ordinar.ce was neve�' meant to prec3.ude the zoning ordinance. Mr. Boardman said it was th� Ca.ty �ittorney' s interpret.at�i.on that �he setbacks an a townl7ouse plan were appraved with i�he plan. Mr. H�arri� asked if these variances were on a private road or a pulilic street. Mr. Boardman said they were i�rom a public strnet. Mr. Tlarris saia then they should meet the setback requirem�nts of a public street in his opinion. IIe said they could discuss this at �he time tliey consider�d the tvwnhouse pl.an �or Innsbruck Vi.11age. Upon a voic� vote on receiving of the Rppeals Gommission meeting, Scoti,' I3ergman, votin� aye, �Peterson, •Gabe1 abstain.zng, Ilaxris, nay, Chazrman�llarris�caunting the two abstcntions as 2 vote for approval, h�.� declared tlic motior� carricd. Mrs. GaUel said she felt this variance should have been acted � Plani�i.ncJ Commi�ssi_on Mcetiz�cJ - M�rch 17, 197G Page 9 upon by i:he 1�p��eals Commission. Chairman Harris said he voi�ed , the way h� did bccause i:lle handli»g of L-h� varianc� for the�e townhouses haan't been ansG,Tered to his satisfaction. . � . �• CON'TTNUED: PUIiLTC I1�11RING: RrC�t1l,ST I'OR A SP�CZAL USr P�RMI'.�, SP �� 7 G- 02, I3Y I?LYWOOD MII�NLSU`!'11, INC .: To allow thc construc�ion ___,�r �__ _Y._._.__�____�_,---- oi a 10' x 30' billboaz:� in I��i-2 Zoning (hcavy industrial areas , �:o desiqnatc the enta-ance to P1y�vood I�Iinnesota anc� Wicices, to replace an eyisting noi�-conforminc3 sign, per Fridley City Code, Secti_on 21h.042, locai:ed on Lot 9, B]_ock l, Great Northern Zndustrial_ Center, the same being 5301 rast P.iver Road N.E. Public IIearing o�en. Mr. Charles Seec�er, 1��.ickes Furniture, and b2r. Eugene Iiuni:, Plywood Minnesot.a, vaere pre �ent. Mr_ . Seeqer saic� they �acre back he haci tallced to To:n Colbert, tlze to. Pa.vl l:uud oi= �no}:a Cour,Ly, ai;d inter�,c�ction at 51 st Avcnue aftc�r He sui_ci this de�Telcpr.lci7t could be years, ��ho }:no��::�? �-:here they started, H� said �'lssistant City i�nginc,er, and. f:hc�y ��,ould like to hatrG the -�1�,� Indu�tr�ial Parlc was dev�lop�d. in 5 years, 14 years, or 2'7 Iie said that. vThat he ��a�� asking for ��ras for som�on^ to make a m�tion to a�_7.o�,a t�s to c�o ��hat �•ae ��ar,ztc�d �o do in th� firsi pl.ac��, �,�hich �-,r�� to tal�� tl�se pr�sctzt bill.l:,�ard arid br�i_ng i� up to t.l�e C�iL-�T Coc?��. .�"?s he 1��d �1a.ic1 1;:�fox��, they tn7oul.d foot. tlle bill for any oL-lsE.?- �usin.e�s� that cani: :LT7�0 the area i..f_ they want^d theii� r.ame adcieci to i�h�_s sa_gz�. He said tha+� any time they we�.e requested Lo ta}ie t.hia sign da�an or to mcve the sign due to c�evel.�pr�leizt or_ a change in tl�c road, -i hey v��ou)_d b� vc�ry s•,illiz�g to do �h � s. IIc said i:lzat i_n the ��c-�a:� time, �llelr jus-i: ��,Tantcd to help peo,?le to c;et� to irlese i.�-ro business establishmcri-cs, and f_i.rs�t and f.o�c.,�last l�e w«�ztcc� t�liem ta get tlzc�re ctiithouL ta�cinq their lives in -their hands . Chairman F-Ia.rris sai_d you couldn ` t get any h�lp frort the Caunty at �11 �Lhen. Mi . Seeqer s�ii.d the hc�lp would be abaut 10 yea.rs dowr� the zoad. He said tl-�c�y didn' L ��rant to jeoparcl:i�e the pub].ic or ��,Tn n�ul.ti-million dollar busii�essc�s until the County got arourad to tlie prablem. Mr. ��terson said that Y�e ��as in complei�e syi�apathy ��aith thi_s problc�rn. Iie said tiie anly �roblem � s he sa�a it �aas thzt if t�his s�ecial usc p�r_mit was aj�proved for the sign, he didn't kno�a if thzs wauld t.ake care oi a lousy traffic situation. A1r. S4eg�r said he didn't dispute that this was not. the solutian to i:hc t.raffic �roblem, but this was an intcr.im solution until th� Cii:y c�me up wii�h a solutian. He said thai:. even if t3�e City cotzld so�.ve thi_s pzoblem in 90 days, thcy would be will.ing to take this sign do�vn then. D�r. Iiarris said he wouldn.'t lzold his bieath until �he Ca.iy and Cotu�ty came up with a solution, because so far we hacl • got nothing. tic� said thi.s problem was star�.ed at the t:ime tliis iildusiri�l park was plai�tcd. He said this was zoned M-2 and at � �I � � P�anninq Commission Meeting - March 17, 1976 Page 10 the time it was platted it was never�intended that cae put 5,000 cars a week into an industrial type operation. What we have is twa commercial enterpra_ses in an industrial area. Mr. Harris said it had been his hope that we could have put some pressure on �he County to �olve this problem. . � • � MOTIOlV by Peterson, seconded by Gabel, that the Planna.ng Com- mission close the Yublic Hearzng on the request far a Special Use Pexmit, SP /;76-02, b� Plywood Mir�nesota, Inc. Upon a voice vote, ' a1.t voting aye, Chairman Harrzs declared the Publ.ic Hearing closed at 9:03 P.M. MOTION by Peterson, s�conded by G�be1, that the PZanning Commission recammend to Counci.Z approval of the request for a 5pecial Use Per.mit, SP �'�76-07_, by Plywood ATinnesota, Inc., to allow the cor�struction of a 10` x 30' biZlboard .zn h9-2 Zoning (heavy industrial ar.eas), to designaie the enfrance to Ply�rood MinnesoL-a and [vickes, per Fridley City Code, Section 214.042, located on Lot 9, I3.Zoc1c .i, Great Northern IndustriaZ Center,. the same b�inc� 5301 East River Road N.E, w�.th �lie stipulations i-hat a direction�l arrow b� added to the billboard and that new businesses be included or� tliis sign, the cast of which being borne hy Pl�wood ancl G�i�kes. A7r. Scott said he was spGa}:ing aqainst the motion. because �ssential.ly �ahat this was, was a traff�c problem.and building billboarc�s solves no �r_a��ic probLem. He said -�his vaas a plain aiicx simple billboard that �vas in violation of the City Code . He said �hat if you want azzother nan-conforming billboard in . the Cii:y vote yes to this motion. zf you �aant a traffic siqn in this area, vot�.no to the motion. Mi. Bergman said that he fel� the Planning Commission w�C }�einc� asked to bear a greater burden than v�as applicable. H� saic�. :�dc� somewhat concurred with I��.x_ . 5cott' s statements . He -�:�z�lught the Coun�y �,�as bei_ng wishy-was��y in their respansiblity. He said he sympathized wii:.li Plytaood Alinnesota and Z�'ickes who want to in the best fash�on identify their business, but he saici he caas not sure that this was a City coz�ccrn, but �aas a business concern. He said the zequest ior this bill.board was in COI1tJ..1Ct �1T1t11 the City ordinance in t�,�o of tlie eight criteria. I-ie said that for lacl� of a better_ solution, the Planning Conunission �aas Ueing asked to recommend approval of a qu�_c}c and dirty treatment, ai:�z he felt sensi�Li�T� to giving appr.oval to a non-conforming billboard. r7r. Peterson said he would speak in �avor af the motion although he did not necessarily disar,ree with Mr. Scott or Mr. Bergman, but he did think the City had obl.igations towards its citizens wha are i�ax paying members and who are in this situation i�hat the City all.ow�d when it granted building permits for this area. Ii the g�antinc� of a non-conforming billboard under the stipulation that if something was done to improve �he traf-fic p�'oblem that �hc peti�ioners:�,�ould be happy to tear i� down, he felL- that fram that. standpoint we did have an oUligation �o give a good City �or our busiiiesses to operate in. Maybe we were b�ing asked to solve problems i�ha� we shouldn't, but on the other hand these businesses r. i ' ' , i , � ' � � � ' PlannincJ Commi,s �ion Me�t�.nc� - March 17, 197G Page 11 $ S were t}ierc, and we as a City have c�rani�ed the buildinc� permits and thc development plan that has c�iused i:he problem, so in that respect, the City does have an obligai�inn. Mrs. Sporre said the Envir.onmental Quality Commission has formed an �ast R.i_ver Roac� Pr-oject Committee becausc they under- stand i:hat there are vcry many piol�_lems i.nvolved. We are concerncd about i:he aesthetic h�auty of rast River Road and the probl.�m tY�at T�Ir_ . Pei.�rson was addr_essing. She said they were a.lsa conccrned abouL the safety of East River P•oad, and that �•:as of paramaun� conc.er_n. Tr��ffic problems would be somei.hing that the Cornmittee would be addr^�sing, but she understooc3 i�h:i ; �aas a ner.essai:y stop-gap, �nd theref_ore she would reconunez:d that the Plaririing Conuni_ssi�iz approve this request becatisc� this was something tt�at had i�o b� dealt �-�itl�i becav.se peopl.e's lives �-�ez'e at sta}ce. She hop�d that thc Commit�Lee could come up �ait�h a bett�r solution in thc future. zvlrs , Gable sa �_d tl�a t.she agreed �-aith Mr_ s. Sporre . She said that �he per�on�.7_1y did not 1_ike to s�e anothcr billboard go up, and a b:illboard :�;i.l.l not solve t_l�e b�_g tr��fiic probler�. It does see?�1 tha�t a di_:rectional sic3n would aid peopl� in getting to these busi_n�sses. She said tl�a� bo'ch �_he,e businesses pay ta�es to i�h.e City of rric�ley, and t-.hcy have the r_ight to direct people in'co the��e busir;ess, so she was in favor oi the rnotion. Upon a voice vote, Scott and T3ergm�:n voti.ny ri�.y, Harris, Peterson and Gabe_i vot-l�g ay�, t.�e mot_io.� c--?rried. NJr. Seeger said he �aould cont.inuc to �-.or?L wit11 th.e C�_ty and th.e County fer a Uet'cer solution, bu-t, l�e tl�ouq],L the Planni.r_q Con��mission r-�ad m�id� a��aise dec�_sir.n for tl-ic pres�rZt. At least i� �ai:l_1 keep the pa �iei�t ali.ve unti 1_ t:he cioc �or ge�ts there . �.�:�s°_�;o��r_r;�:��n: Pt;r�,:_r.c r�r��;1;��c: ca ��zn� r.,��r.to�� cF ��RrLZ��2�_�� --- — - __— - _ _— � � r � , � 1 t �; ?�; 1 �7 Y � d D v ---- ' PL�`P , P. S. � 7 G- U i, I �:� �I' �� l �"T: � N�"� ,�,� zT � 7�lla�l`Tl0!:S,vT3Y DF�i:Rt,L �� e L I>I:R 1�1�,�� -PL '`�' CCFa0�2��"i'IO:ti : reinq a 1`C.��-cIt_ Oi� OUt.l.Ot Ii � �17I"1S�)L"UC;)i I�Oi �l"1 t�CaC,ilii101� � �JE`_11E'_1c111y located South of Innsl�rucic North i�ownhous�s, Phase I, II, ana ISI. Pul:�lic Hearinc� ClosGC�. � �: CONTJ-1�?UFD CO?� ��Liil i:,A`I'TOT1 OT�' I? ' UN� 1'S, T- � /� 0 ! , ��Y ]? �I�I:LL l�. TOR 1.NP�S33}:LIC}�. N012`I1� TC�,��?��OLISE� � TOi�7NII0iIS1? DEVELOP:�Z�NT Or 100 l':�1:R DI:VI.,I,OPT�'ILN'I.' CORi?OP.[�`I'TU'_T, T.�T T1ND V�A1)llITIOi�IS . Mr. Darrel Farr and Ji_m London, along with an attorney, James Druck, wcre prescnt. 'MOTION I�y Bergman, seconded b� Peterson, that the Plcinning � Comm.ission reopc�n the Pu3�1ic Hcariizy on a preliminary p1at, 1'.S. #76-01. Innsbruck Nortl� To►ti�nliouse IV and l� Add�t:ions. (Ii�on a voice vote, all voting aye, Chairrnan 1larrzs dcclaxed thc Public !l�aring I �reopened at 9:15 P.1�1. �� Plannin_q Commission Mc.e�ing - March 17, 1976 '�age 12 $ T Chairman Harri_s said �here w�re several concer.ns that were mentioned at the last Planning Conunission meeting, and questions were asked of the Darrel Farr Development Corpor�tion and of the City sta�f . He said that tl�ere was a m�morandum from Darr�l I'arr and the City`s answer to that memoranduin, p]_us the ans�aers to questions asked of the City � si.afi that were given to the Planning Commission jtzsL- prior to this meeting. MOTION by �'eterson, seconded by 5cott, that the Planning Com- mission reccive t1�e Darrel Far_r 1�7emorandum, plus the merrro to �ick Sobiech from ,7errold Boardman dated March 16, 1976• Upon a voice vote, a11 voting aye, the motion carried unanimously. Chairman Harris sai.d the first concern was that the streets did not mect the Cii.y specifical�ions: Th� Darrel Farr memorandum states on streets: l. The City of Fridley is the grantee under the road easEmer�t from �he �r.idley line across Ne�a Brighton to the Silve�. Lake P,oad. (Paragraph 3, Page 2, Uev�ionment Agre.el��nt dated F�bruary l, 1971) a. The taxes h�ing paid on the to�anhouses presently in place in the Blacic Forest is in the area of $200,000 exclusive of single-f_amily house�. b. It seems reasonable that Fridley shoul.d n:ai��taZn and ploca North Innsbruck Drive until such time as the permanentroad is construc�.ed. 2. The road from the Fr.zdley line t� Silver Lake Road was built aecordinq to City specifications and wi-Lh the City's approval. (Paragraph 4, Page 3, of the Development Agreement.} Chai7.man Harris said tilat tlZe City staff ` s reply to these two i.tems was ti�ie :Collo�ti�ing: 1. & 2. The City should not, at this time, talc� over_ the maintenance of the road easemcnt from the City I:ine to Silver Lake Road. This road is the primary ciltrance and exit for al1 construction vehicles aizd shoul_d be �he responsi- bili�ty of the developer so long as develo�ment is s�ill occurring. Agreements fo�° this maintenance should be drawn Up as a stipula- tion for pla� approval. At that time when const.ruction is com- plete, and if �Te��r BLighton has i�ot firmed up road development in this area, th� City could consider take over of the maintenance of thi.s roac� if the dcveloper �aould insure that the road is brouaht up �Lo City standards. Mz. James Dr_ucic gave the Plai�ning Commission a copy o� the Developmcrit �qreement. � Chairman IIarris said �hat item 3 under strcets in th� Darrel Farr memo si�ates: 3. The De�elopment Agreement sets out on Paiagraph 5, Page 3, tl�at a11 streets and utilities in the town- house area shall be approved by the City of Fridley. Mr. 13oard- man' s ans�aez ta thai� w<:�s Thc si�reets and ultities in the Townhouse Association pro�eri:y }za�,�� been constructed to spec:i.L-ications ap- proved by the City. The�e should be no additiona]_ burden to the Association for repair or maintenance ov�r that of a normal resi- dential street. Althougii the �aidth of �he privai�e streets are not necessarily the Sc1l11� as a residential. streeL- for public use, they were approved by the City." NumUer 4 in the llarrel rarr memo states: 9. As regards street repair for construction traffic � Planninq Commission Meeti.ng - Marcl-y 1? ,].976 Pac�e 13 -� U in 11ddi.tion � and 5, the following: a. West IIavarian Pass was � de;�igned wi th future c:onstructioil trafi�ic in mii�d and as such is a nine ton road consisting ot a 4 1/2" asphalt and a 1 1/2" wear coursc. b. 1�lttzough wc will be using both t9est I3avarian , Pass and Meister Road for construction tra�fic, we wi_11, t� the best of our ability, restr_ict heavy vehicles t_o ��Vesi. 13avarian Pass. c. We will escrow $10, 000 at the stari- ��?f coi�st:ruction ' with the Homeowner's Association to apply to r��:,tZrfac�.ng or repair of existing streets. Tl�i.s will be t�-��at��d as a prenay- ment of fees requircd of the developer at thc rate of $10.75 per month ��r lot. d. '10,00U shoulc� pay for a 2" overlay on ' P�Ieister Road and ��'est: 1' �:�_rian Pass. e. We wi11 b.lock Last B�var_ian Pass f�-om i.'ie c� � of- the Vienna Townhomes to the Fif-th Adcaitior: du:ring cor�s��ruct..�.on. f. �tiTe will pai�ch the asphal_t during ' th�: "c�n:� �-ructio?:1 per�.od and wil.l sweep the s{�rects because of co.1:; ::7-uc- �.,ion rnud z�s needed. This wil�. b� done at the d�vcloper_' s er.p<� :�;_,e. 5. The of�-strec�t p�r3;ing in the I'ourtl� and I'i_�th � � Ac1d �_ ; io;� has bcen rec�uested by the Ci �y anc:� is shc��an o1.1 th�: pJ_an. !�1Z . -:C.'"..1`C<i�1�:i. � .� ai.Cl:�^v :L11 }.]1 ::i ctl"1:��'wi.'_;_ S�1lCi 1.11 .CE'.C.jd1C1 LO IlUlll�JC,r i . L�'e fcel the mernorandum cover_s �he Association's concern on sL-r_cet ' r�p��zir due to co.�;-crL�ctio.7 traif_ic, and number 5. Off-strec��L par};irig is acceptable as sho�an on the plan. ' ' � P�ir. Farr. said t�ha�� iii regurc� to h� s n�erao, they had met �•:ith tlZe L;oard of L'irecto_�� of the I�IorLh To�ai:llcuse Association l�.�st Fr_id��y nic;ht (tlarc]� 12, _1976) , an.d vac� d�,scussed all. tl�e street probJ_�r.1s :ir: rec,sard t_a th� inLCr�or st�cets in thc t�ss<�ci.at:i_on. j'7L' C�1_C: COi1i� i=0 V^Zi)�,1_ c�.C�Yc?C.111c:I7�. ;^,�11.11 t.11E'i�1� cZI1C� OU1" I.E?C,c�l COUI;SE.'1 t�la� draftii�c an ac,r_c�em�n-L tha_t �aould be signed arc� cxeeu-L-ed prior to t�he Cit�r Cou»c�_:L �nceiii�g o� t�.pi�il 17_tt-�. NT.r. Dot:glas Van 1�r?cel, Presi_cie?�.� of tl.e To:•,�nl.ot.�sc Assoc.iatien con.f_:irmed !�ir. Farr's stat_ement . Mr_ . P�t�.c�rs�z� as}.ec� if tl�e ne<;ative stai�cr,lents t1�aL- were m�3de ' by p^o��le in the `l'c��rnho>>se A;�sociation 1_zac� been ans�;�erec� Uy this ITt��li1�. �lr. �%c ]� �1Y'�:(_'1 Sc1]_C'� i=.�"1C? liSSOC1c�t.10174J�x5 710i= c�S C0I1CCi'11C'C.,1 c7.S thc�y had been a}�out thc� int�ri_or streetC, Lut �Lhey �-�ere still , cozicern�cl ak;o::it t;�c �;.tension of North 1nn_bruck Drive bet�•,Tcen the rridlc�y line az�d Silver_ La}cc Road. Vde still ��oncie_r_ ho�v this problem c�-�n uc� solved. , C� ' �� Mr. Pet.erson asked. T�4r. I�'arr� how much �,�ork woul_d ue involved in br:i_nging tlze N�a��h ]_nnsbruck llrive eli�ension up i.o City ;tanards � Mr. Farr said he didn't know, but it wc�uld cost moi-e money than he would want to pay. He said t1iaL what the City mcmo was saying was tllat i�l-�e City shouldlz' C take over the m��intenance o.f this road at this time. He said Lllcre would have to be some n��a ty�e of agree- meni� drawn up ii' he, as the devc�].oper, was e�pected to mainLain tliat extei7sion ro�d at. Llie prescnt timc�, because his oblig�ition to maint.ain t�liat r.oad had elpired on I'ebruary 1£3, 197f . Ite s1i.d that as this road needed repair now, he felt hc was under some obligation to repair the road aL this ta.me. Mr. Peterson said that as Mr. Farz �aas coming beforc the P1a�lning Commiss:ion and the Cii�y Council for new�development in i:his arca, h� would be ver.y interested in ', 11ow tl�e'problcm of thi.s road bei.ng maintained was goi�lg to be handled bcfore he had 1:o vote on thesc proposals. Planning Commission Meetinq - March�l7, 1976� '•� Page 14. �� v Mr. I'arr said that he thought a reasonable alternative, and he hadn'i� discussed it with the City staif, was for us=ta maintain �h� road unti.l such time as we complete construction, which was a concessa.on on our part, and for�the City i�o plow this road in the�winter, because he felt this had been the biggest single problem. The equipment that we have to plow the Black £'orest was not large enough to do an effective job. The cquipment that the Townhouse Associatian has was not laige enough to do the job eithcr. He said thc' City alrc�ady plows North Innsbruck Drive, and for them to plow this additional 1300 feet between the City line and Silver Lake Road seemed a reasonable request, as this road was used by Fridley residents. Iie said that he was agreeable that they would maintain the road unti.l such time as the cons�ruction was completed if the City �-�ou]_d plow the road in the winter time. ' Mr. Bergman said the pot holes in �Lhis street extension were getting d�eper every day. Mrs. Gabel said sh� was completely confused on who was suppo�ed to�be responsible for this road. Cha.irman Harris said that was the crux of the problem. Thisstre�t seemed to be in limbo at the present tiine e - Mr. Ha.rris said the Planning Commission had some.concerns about the parkinq for the recreational building. Mr_. Farr's memo states: l. At the time of the planning and zoning, the City did not want to provide a lot of parking in the area of the recre- ational building to Preclucic the use of the recreation building for tl�ings unrelated to the Homeo�•.ners Association, i.e., antique sales, etc. 2. t��e have provided parking for approximately 27 cars at present. 3. We can provide an aaditional 20 car parking on the east side of Meister Road and south of the recrea-tion build- inq. a. This �arkii�g, because of -L-he topograpY?ical conc�itions, would r�quire the p�rtial filling of the lo�� area east af P�eister Road and the destruction of a very large area of trees. iae in- tend to leave this decisiori to the Homeowner's Assoc�a�ion. Mr. Iiarris sai_d the City staff was aqr_ecab_le to these statemeni�s. Mr. Londor� said they had dicussed this with tlle Townhouse Assn. also, a�nd they will make this decision by April lst. Mr. Van Ark�l said that he felt: this decision was up t.o the To�vnhouse Associa�ion and oaas uetween thcm and Mr. Farr. TIe didn't think this was up to the City, and they wouldiz't be involved in this decision. He said that many people in thc Associatian wer_e not in favor of the destruction of a gr�at number of trees to provide more parl:inq. Mr. Farr said they �aere prepared to put in an additional 20 parking stalls at the Homeo�,�ne�'s Assocation direction. Mr. Harris said that to back up, he asked A7r. Boardman what was meant in his memo about the maintenatice of the extension road between the New Brighton line and Silver Lake Road. Mr.. Boardman said that in the p�st, the City had a five year development agreemeni� �aith Darrel I'arr on the maiiltenance oL- this e�;tension. Iie said the intent of that agreemcnt would that �.h� cons�Lruction would be entire].y completed within these iive years, and that by that time a decision would liave been made by New IIrigliton far permanent road location. This wasn't the way it happened, but ' T'�ann5.i� Comrna_r�si_on Meeti.nc� - M,ar.cli 1.7, 197G . Page 15 �� aclmiriisL-ratiorZ tcels that as construction was still CJC71I1CJ on in , the arc��1, ii: s'rZOU_l.c� stilJ. Le tlie responsiblity of the developer to maintain i:hi� r.oad, and any responsiblity the City miqht havc would be aft:er thc� constructiori was completed, i� tlie r.oad devel.- ' oprrient plan hadi�'t becn. �ir.mc.d up by Ncw Br_ighi:on at i:hat time. Iie said the c�ieveloper woulci stil.l be using this extension for entr��nce and egr.c�s dur.inq the development of the property. I-ie saic� that ��i�cri tt�c� devc].opc.r no longcr owns property in this area, � �.hen hc would then hav� no responsibl.ii�y in maintaining the road. AZr, 33oa�clman ;��aid lic� didn' t believe i:hat this exi�ension road had bcen r.onrLruct.ed as a 9 ton x'oad, and he dicln't know if any inspec- ' tions had every bcen donc� on it. I�e said it �•�as put in late in the tall, anc� by th� nexi� spr_ing it �,�as preity ��e11 broken up. � � � � � i ' �� , Mr. Fc�t.ersoiz s�zid tllat I��r. Farr ]zas stated that he �vould Ue wi].ling t.o rnaintai.z t.his road duri.ng .construction, if the Ci-�y t•aould p1o�,a tlze str_c,�t, bcc�zt�se thi.s h«d ueen inad�quately done becau��e of_ the size of: th� equipmcnt u.�ed in this develoP�nent. ��° u:iit:.'C� i:i. iCc«C::;'«:iil 1f �'`iL tOi� „c�'..Z4 ul.�' p=�OuiGiT1� �Vlti1 �:1:15 �?Y'O° posaZ if th�� r�<:d �•,�<:1:; ma�_n�.aincd in such condition that it coulcl be �}��.o�,��c�. rir. 13o:�.r�?ri�,n sa:Ld this �aas a decision that would ha.ve to be discu�sed ��:ich the Public l•aarks 1�irector and thc City I�ianag�r_. Mr. Farr sa; d tliis road ��us pt�t i.n tl,.e day after Thai�ksg; ving, a_nd i�h�y ];.r�e�•r it v:«s c�oi_n;s ta brea?c t�p, but the�� had to have some �aay for tl��e p��,.le t.o e�c� iri ar� out o�L- the area in the ��ainter time. He saia it= �.Tas resu�faceci the f:ollovri_n� spring. Mr. J:i_m La}cas•zc��.:_�':i, IS�f6 Sout.?z �'��T_lin Ci��cle, sai.d ti�a� a� far �as hc rou:tc� i�.l;cic:rsU�nd, the Darxc_l_ t�'arr's a_greement vras at a:� end ; ai7d �_ �_' r�.i;c Ci �-y �s� f'1�_ id.ley ` s tt�.rn to pl_a1� i:he game ��ai-�h this e:;�.en;.-�ar�, i�•ii�. ?;a�3i�`�<,l«rz said t�h�:�E� i�i� �-�as the _i.nt�i�t of i�h� ac�.re��?�nc�r�t tha� i�: ��,-ou]_cY l�e >>� �7=fecL- unt:il the c.ons�.rtzcti.on �-:as co�li1�lc� tc�� in th.i.s ��.rea. h,r_ . Pe�terson sa�_d tY�at �ti�asn' t��,hat th� agreem�n� .,aic�. H� suicl that mo:�t of the City ��dmi.nistration th�:t v?e.r_e here �_zl 197.1 a1�e si:il.l �a�_tl1 the City. He said the aqr_�emen� �v:zs sic;tzc�d tha� i:his =r,otzl.c� e::pire in fi_ve yc-_a1°s, and no�a they wani� to r,l�ange th� rules of t.he g.�rne in �f�h� fourth quar�er. � AIr_ . Drucl� said that r�1-. l� a.rr dicl not have any qtiarr_el about maintai_ni_zig tlii � road dur.ing construction, if in turn the City �•�ould aqree i�o plo��? t}ie �treet, bec�uwe of the size o� equi_�merlt. Iie said this ��,au�.d only b�� about. 1/� of a mile, znd wi.t.h all the � strec�ts tl�a� I�'�-idluy ploc•as now, this wc.�u�_dr�'t seem 1i)ce too much of an acidii�iorial btzrderl. � � ' � bir. Harris asked if i�he Planning Commission wanted to go. all throtlgll botl� memos before ariy adc�ii:i_onal comments weie m�ade. r1r. PeL�rson said ile didn't thin): i�hez_e was much problem with tlle res�. of t�he memo. Hc� saicl it scemed that thc Iiomcowne�''s 11ssn. was sati.siicd wi�h Mr. Farr's mcmo and the City staf� raas satisficd, and i�herc� was agrecmetlt o�z evciytlii�iq except the exte�ZSion ro�zd of Nori�h Tnnsl�ruck Dr�.ve . Nir. Beryman said the Noith Innsbruck Drive was a fine street, � � � � � � � � � � 4 X Planning Commission Meeting - March 17, 1976 Page 16' up i:o the l,ridley boundazy. At that point, it narro�as appr�ciably to.a 24' street which was curbless. He said this street merely i'ollows the natural terrain wi�h hills and vales, including some slippery spots. He said he thought the bottom slope carried water across it, insi�ead of being raised and having a culvert runninq under the road. Iie said there was quite an amount o� pedestrian �raffic witYi no place to walk except along the edge of this curbless street which was presently poorly plowed. He said that the staL-ement in the staff inemo on this extension could mean that any actual improvement on i�his street could be ten years away. He said that wii�h the increascd density that will occur with the completion of this densiiy will make this problem get worse instead of better, He said he was concerned because we were di_scussing stap gap m�asures inst�ad of addressing the real problem. • , ' I�r. Iiarris asked future to have this i�. �,tas. IIe sai�. f�ize end of the irnproved grav�l pit wher_e it if it was the intent that at some time in the road conncct to I�a]_mer Drive? Mr_. Lon.don said road �ti�oul.d t�hen si.ari to curve right at the North Innsbruc}c Drive, and then ar.ound the would tie into Palmer Drive. �. : Mr. Peterson asked i.f_ the easement had already been given for this propored road, rir. Loildon said that at the time this road proposal �aas approved, tlley owned that property, but he didn't thinlc there was an easem�nt no��. P�ir .�oardman said that road pattern �-aould be worked out �ahen the property was developed in New Brzghton. Nr. Peter_son sa.id then the only property that ti�as under the cont-r_o1 of Fridley was tlic grant�d easem.ent for th� eatension of 1�TOrth Innsbruc'r: Drive to Silver Lake Roadp so that' s wha t they shotzld be coaicerned with and not pi_e in the slcy at some per.i.od in t1111� that could be qtzit� far into the future. Mr, Far_r said -that at the time these developments �aere planned in Fridley, t'tley had also planned 1.,000 units in New Br_ighton. The traffic s-tudy they had done, using the new street proposals did show that thi_s area would not have any traffic problems with tha�L street plan. He sai_d that if he st�i11 owned the property in New 13righton, he wou.ld huzr_y up and bu�_ld thi_s road. He did fe��. that if the e�teilsion road �aas r_ea11y maintained, that people wouldn't be quite so upsei� with this road. Mrs. B. J. Ecti��rs, said that she felt this 24' str�et was too narro�a �or two cars to ��ass now, and she didn't car_e �ahat any traffic study said, she felt there had to be an answer to the traffic problc�m that existc�d today. Mr. Stephen Tollison, 553� Meister Road, said there was a � question raised at the l.ast meeting abaut the people iaz the townhouses paying the same taxes as people who 7_ive on public roads and have their strects maintained and plowed, as opposed � to people who have private roads, and bear all these costs themsclves. Mr:.}3oardman said that taxation was based solely,on valuation ot ' property, and not OI1 services provided. (Several people in the ' audience�took e�ception i�o this statemerit and said it was contrary �• to ��hat they had been toia by the 1�sssessor) . ' � � � � � �� i � �� u P�.anni.ng COlillill�;�1011 Mcetinc� - M�rch 17, ].976 Pac�e 17 g� Mr. Itarris then procecdcd to rcad all the answ�rs in the stafL memo which had becn directed to them at the lasi: mecting. l. Th� street specificaiian is answered unc3er I(3) ot the memorandum. 'I'o date th�i�e has becn no parking proulem related to emcr_gency vehi_cle operation tha� we are ac�are of in the As�ociation property. T� this docs becomc the case, it is antici_pated thzi� 'no park�.ng; signs could be located where needed. ?_. Taxation is based solely on valuation o� property, and not on servi.ces provi.ded. The City �•�ill not take over the mainienance of tl�c streets in the Townhouse Association. �.']ze roads do not mc�et right of way, setback and �aidth requirements for pub]_ic si�reei�s and any talce over would s�t a precedence for tllc �<<�ln�=�nai��e far oth�r. private czeve7.ol.�me-nts. 3. The Ca.ty oi T1e�; ]3righi�on �Jl�_1. IIOi= ta).e any ��ositive action on road construction uiltil the propert�y is de�reloped. They have been grantcd a State Aid conncction wlzen final location is d�cided upon. I�7r. Ter_ry tti'i.lc�y, 55%1 East BavaLian Pdss, said th�t as noz�e of, th�ir taxes ��,�re g�in:; to�•;ards the maint.enance or i�lo��ing of thcir strects, then he thoughi: �_L Shouls go to�aards giv�;ng tl��rn a decent road t.o Silver La;•.e F.oad. P•10TI011' by 1'eterson, scconded by �ergman, that the Planning Comm.i.�sio�� close the pi�b.7ic hearil�g on t1�e consideration of a prcl.i.l.�inary p1at:, P.S. i•`76-01, Innsbruck I�ort11 T.o:��:�laouse IV an�' V Add_i L-i.o��s, by D� rr.cl A. F��rr Deve1_oprncnt Corpor��t.zon. Upo�� a vv.ice voi.e, a11 vo�.i.�1q a�e, C.hai��n.an Harris uecl.ax�ecl the Public Hear.ii?g closeci at ZU:15 P.P•1. Air. }3erc�z�lan sai_d he thatzgl�t tl�ey ��rer_e i_nvolved in a step by sLe� proccss l�er� and what hc� ti7ougllt shou?_d b� step onc� �,oul c� be to e1_i_��li�zate tiz�� hazarUS or� the ex'cension of North InnsLruck Drivc� . 7�10TIC��J L�y ve''�Ir,an, secnndcd b?� Gahel, tha.t the P].ani�ing Cominission 2�q;.: si: tl�� City C.oui�cil t�o pass �:? resol.t:tion that ille C�t� adm.ailis- traL-i_on qei t:ogether rti�� t.h thc ��rre1 F'arr Developr��nt Corpor.at.iol� and physicall� vie�a the r:xtension o.f t��orth .Innsbr.uck Drive up to 5iZver 7a)�� Ro�zd, and csfiabl..ish an agr�enicnt for immed.i.ate cor.rec.tion of the present surface haz�i-ds• Aqr. peteisor� said that }ze spol�e in favar of the motion, but h� had some questi.ons ar.d one of: the questions he had was wlzat was fair. for the Darrel 1?��rr Corporation because he fe1.t that he had come to tliis mcet.i.ng wii:h a good proposal, and he had tried to be agrecable. Ile said he was surc tha� r4r. Larr had no objcction to mcetinc7 �aittz the City in tc�rms of loolcing at the road :irid in est�-�blishi.nc� ��h��t s11ot.�l.d b�� done, but he has said that he WOl11C� be willing to �»�� to rcp�-�ir the road. Iie said tliat b�f:ol:e we m��ke a moi:ion like thi.s, h� i:hought some assurancc sliould be givcii to rir. I'�zi�r �.hat ��e cot�cui� with his rcquest ior develo�7i:�ent. Nir. IIergman expl�i.ned 11i,� moti.on, and said lie wasn't too conccl-�zc�d pn W110 fixed t�l�a_s road, just so thai: it c�ot done. H,� said tha� if Darrel rar.r didn't wai�i� to, fix tiie road without assurance th�l� 111S proposal would Ue appz�ved., thcn he thoiic�l�t the City should f.ix the � � � � � '•�� Planning Commission Meeting - March 17, 1976 Page 1�� __ pot holes. Mr. IIoardman said that he didn't know ii the City administra�ian could take some action on this wi.tlzout Council. action� and thc next Council meeting was April 5i�h. 1-ie said a resolution took Council action, it wasn'i: a decision that could be made by the administratian. Mr. Farr said that if they could get asphalt they would patch that road right a`��ay. Mr. Bergman said he would appreciate that. Mr. Harris said then there was no need ior a resolution to have the City go out and patch the road. Mr. Bergman said that on the basis that Darrel Farr would patch th� pot holes, h� wou.Id WITI�DRA[a HI5 h90TIO1V. MrG. Gabe1 withdrew her second. � ' Mrs. Snorre asked ��ho was going to plow the snow. Mr. Bergman ' saic�i when he made the �irst motion, lze knew there were many other problems to be addr�ssed. Mr. Ber�man said he didn't thinY the question of the e�tension of North Innsbrucic Dri�,7e had been answered as had b�en requested at th� last meeting. Mr. Boardman said he thought thai� it had. He sa�d �Lhere �t�ere two positions on this street, the City administ_r_�- tian's and Darrel I'arr`s. He said th � Planning Commission should make a recomu�nendation on ha�a this canf_lict could u� resolved, but �_t �aas a Council d�cision. He said there vaau7_d have �to be a neva aqreem�r�� •�orkeci ou�t on this I�orth :Cnnsbr.ur.}: Dxive evtens�_on. He said that Ci �y admiz��_s tra-tion could not say ho��,= it u�as going to be handled. It was not their decision to mak�. Mr. $ci:gman sa?_d that ii� seemEad that if a developc�r says a si�r�et �tilas going to be public, then it h�d to meet certain gu�_deli.n�s, btzt i.f a developer says a street �aas goinc� to be private, then zt was no longer tr_eated with tl7e same guidelines or r_ ec��ii?-��nts , and he couldn' t understand .�ehy this should be . M��. Boardman said that the st�°eets in a p3�ivate dcvelopment hav� to zt�aet specifications approved by the City. V,7he�z we tallc about City sper.if_icati.ons far streets in publzc areas �ae are talking about the requ�_red street �aidth, the right of ways and se-�back requirements. He said therc �aas a public .respo�:sibility the City Ilad on public roads . Stre�ts i..n a private area were rio lonyer_ a public responsiblity �•aas no longer in effect a�: the City levcl. This was tlie reason why alt�iough we approve i.lic � specificatior�s for the construction of the roads as to mat and � base, the street widths can vary for a private developmen.t. Mr. Scott said he thought it should have been outlined cl�arly what streets were the responsil�lii�y of the City, what streets were the responsiblii:y of the d�vel.oper, and �ahat streets were t�he responsiblity of the Townhouse Association. He said he felt that tl�e extension road from t1�e Fridley line to Silver Lakc Road had been badly bungled Uy the City, and because thcy had bunglcd in it� put�ing a five year agreement on the maintenance of this road . which'has now expired and the development of the area was not completed, he feli: it was the City's responsiblity to see that I'ridley residents had a saie exit and entrance to North Innsbruck 1 � Pl.anninq Commission Meeting - March 17, 1976 Paqe 19 g A� Drive, an.c� hopef_ully the Cii�y would i�al:e care no� to get caughi: ac�ain in this type of nonsense. � 1 MOTION by Scott, seconded b� Bergm�n, tl�at a r�cess be declared. Upon a vaice vote, a11 voting aye, Chairnran llarr.is declared a xece5s a� .1.0:35 P.11. ' i ' Chairman FTarris reconvened the Planning COIriTT115S1.0I1 meeting at �o:�� P.ri. i�Ir. Terry Wiley, 5571 East Bavarian Pass, voiced his concerns aboui� the pro}�lem� on the 24' streets during the construcL-ion of i�he to.•alzhouses in this plat. � Mr. FIarris said �_t had jusi: been called to his attention that t}ze Publ.ic Iic ar_izzg tlad been clQSed on Innsr�ruck North To��;i�hot?se ZV and V�ddi_tions, and there were pcople who �-aani�ed to disrtiss problems ir� tlze �th i.�cidition, so tl�is puLlic Yieur_ i7zg sho�ld b� reopened. ' rIOTTOP� by Peterson, seconded by Bergman, that Che P].�nn_ing Com��rtissic�n r.eo�en i.l�e Pub.Zi.c Ilearing f_or_ the consideration of a�Z'G'I1�1212r'1 plai-� .I1711SfJT'I1C1C llorth Tot:�nhouse V Addition, by 1 Darre7 I'arr, r�art of P.S. �76-01. Upon a voice �Tote, a1Z voting aye, Chairr�an Harr.is declared t11e Ptib]_i_c Flearing open ai: 10:5?. P.1'!. . ' � � ML. t�Jiley s��_d i.}�ere �,�ere itcr;?s ment-i_cn�d a�c tlze last mccLine� that hac7n't been :'is<<�ussed at_ this m�.��c�_i.ng. Ii� said that it ��as statcd �t}�a L- E�,� L- Ba��ian P�ss would be closed du.rinc� construc �ion o� the ��.pl�io��:;_z;,a_�.e i,u ;lb��r af 50 toti•anhouscs i_rl Ll-�is area, He said tli�t afte��- �tl_� const�:uc�3_on �v�,s con�p�eted, and th� people frc,m these 50 ta;�,r3laouses s �ax't us:i..g l;as-t� 2�av�ri�n Pass, it was ge:i:ng -�<� create a��rob� em� FI�� said i_t �vas very difficult to bac}; out of garages on I;��t �avari_ui1 Pass because tllere were usually peo��le waiting to get on to P,icist�r Paad. He said he ��1z ther.e should be a secanc�i exa_t far tl�is are� . Mr. Har.ris asked rir. London if there was anything that could � b� done to eliininate the bottleneck to I�Zeister Poad? Mr. Lo�don said that 1:��st I3avarian Pass }lad been approved at the tim� of the Vienna To�anhouse pro�osal. He said �hat the reason -L1.1e tcoo � ' garages 50' from T4ei�ter Road were seL so close^to this road tiTas uecause of the" �.opoqiaphy of i�he area. DSr. Bc�:i_dma�Z said th� Southern eait off Fast Bava�_ian Pass �,�as quit�� ,t�ep, and if • this e�:it �ti�asn't so steep, son�e of the i�raffi�: could go this way ' � to Meister P.oad. He said the City would li)�e i:o see two good exits f rom �ast i3avai ian Pass . � 1 �� < Mr. Wil_ey asked if there couldn't be anothcr access that woulc� joi.� up wi.t}i the service drive for the Iieritage of Innsbruck Nur�ing ii,�;ne? r1r. London said the problem wi�h �ryi.ng to h�:�vc an acces"s in this location was that wc �aould bc talking aUout ' another eltension that w�nt into New I3righton, and as L-hcre �acren' i: ' any road patterns established in thi.s area in New IIr_ighton it wau7.dn't be c1 SOI.U�LOIl now, but ultimately thcre could b� an �, ' L, r , � , � � � � i ii Planning Commission Meeting - March 17, 1976 Fage 20 access at that point. Mr. Lonclon said the TV and V Additions would be annexed by the present Townhouse Association, with aJ.l private roads. MOTION by Scoit, secol�decl 1�y Peterson, that the P1�nning Comrrcission close the Pi2hlic Ilearing on Innsbruck North Townhouse V Addition, by Darre� Farr Development Coz.�poraton. Upon a voice vote, a11 voting aye, Cl�airman Harris declared the Public Hearing closed at 11:05 P.11. Mr. Peterson aslced if there was any way that the 24' road that was tlie extension of North Innsbruck Drive could be widened. Could tlze City obtain a larger easement so this could be widened t.o at lcast 36 feet? Mr. London said thc City had a 66' easement for this road. Mr. Peterson said they had been under the impression th��L this was only a 2�=` easement. Iie said tha.t this mac;e � lot of difference becau.se there was room to widen this street and e�en put in sie�ewalks. DZr. Peterson raised a poa.nt of_ in:Cormatioiz, and asked Chairman Harris ��a7�at action they coul� ta]ce on i�his plat. r�-r. Harris said they could reco:•��mend approval of the plat �,�ith stipu�at,ions, or �hey could make a recomrnendation ior a resolution on particular problems. Mr. P�terson sUid he �•Tas sti11 in sympat�?y G��ith i•Zr. Farr in deve�oping this plat�, bt�t because of the discu��sion ��ae have had on th� 15dU feet oi unsaf� road, and the �act that we now find that the City has a 66 ft. easernent for this road, he �vould li?ce to see: sorne t:yp� of: resolution t;hat ��ou.ld express the concern of th� Planninc� Con�mission to th� City Counc? 1 on behalf -of the citizenry, and that �Je would lil:e to see a street pu� in on that case:;�ent th�t ��aould me�� all. the Cii�y snecif icutions for a public streei: r�h�t could be a shared cost= of the Ci-t:y and the devel.oper, or by an agrcelnent that cotld be Gaor)ced out: with the• devEloper, so that we don`�t hav� t]Zis continuing problem. � Chairman Ilarri.s said this could b� handled as a separate it�m, but for himself, he would l.ilce ta study this 1500 fee� �urtlz�r, ai�d ]z� didn't tlzinl�. he �vanted to see the aPproval of this p1a�L held up� w]zile this road proUlem u�as being studied. ' , He felt this road affected the cntir_e area, and should b� handled separ.ate•fr.om the plat. Mr. Peterson said that his problem was � that he appr�ved �� the pla�, but he couldn't vote in favor o� ' it, ��rhen �here wasn`t an adequatc road to get the people in and out. D�r.s. Sporre said thcre should be some assurance given to the pcople who would be buying thesc� i�ownhouses, that there was , an adcqua�.e road to provide fir� protection also. Mr. Iiarris said he agreed, bu� this �vas such a large and important issue, ' h� though� the road pr_oblem needed more time spent on it. Mr. Peterson said he would like to make a motion to approvc the plat, ' an� makc one ai the stipula�ions that their be a solution to the 1500 feet of road in New Brighton within a certain time frame. � : . . 8 CC Planning Com:nirsion Meeti.ng - M�zrch 17, 197G Page 21 �1UTION by Peterson, secanded by Scott, that the Ylanning Commission recommcnd L-o Counczl :�1�1�roval of the proposed plats, P.S. 11'I6-01, T.1lnsbrvr.k Nortlz Townhouse IV and V Jldditions, by Darrel 11. Parr. D�velop�nenL- Corpor.�ltion, 1�eing a repl�i: of OuiJ.ot N, Ir�nshruck No.,:th nBdiL-zor�,. gener,�lly Zocated Souih of Innsbruck Nortt2 1'ownllouses, Ph�se I, II, and III, with the following stipulations: 1. 2. Provide easement for public trail adjacent to nei yl7borhood p� rk . P1an spec_ifications for st_reets and utilities ar_e to be submitted to the City for approval. 3. Off.-str��t parl�iny of 4.25 stalls p�r unit be provided on those units froni-ing the ?_�9' str��ts. 4 sl>aces s1:aI1 ?,r. �Y'n��,2 �;r?r7 T:'] f:]1 �?c"tC)1 ].??C? i`r).C�?2� ? i"?'- h� 't!1F? c3C]�]. i-1012�_I spaces sliot�.Zd be p.r.ovide�l in closc-� pror.imity to the affected un.its. 4. Darr_e1 .�. Far.r Develop;��ent CorporaL-ion rriJ.J_ provide r_ecordai�le Ieya1 docomc�nt�tioi� noi:ifying j�iI2C12�SCY' that tl�ere i,�i11 h_e no noise buffea� provid�d from inter- state traffic no.zse. 5. fira1.1 dev�lopmcnt and t_ra.i_I 1igl�ting wi11 �� cor�p.ietcd c��itl� .Z�.�;:dsc�zpi rg of ad jacen c u��i t.r' . 6. One ten.r�is cotirt �:ilJ. bc� proc�ic�eci on Assoc_i�t:ion propert�� and ta_i.11 be col:t,nln_ied [�.��:tl� the co;,�nieti.cn oi- constructio:e of tl�c. first 20 un.i ts ir? Ph�:se It'. 7. Or�e L-ot: 1ot «T.z:t1. Z>e p..ro��ided o�� I.ssoc.iation property in znnsb��i:cl> Nort.l� Towrillov� c IV and t� I.d�iitions �,Tith the com1�letior� of tlze first ?_0 un.its ir� Pllase t'. 8. City w.i11 zequire a stand<�rd pe.rforn��ncc boi7d for exterior de��Glopli.ent (pat1:�, lightinr, tenn�s court and tot lot) of 50 � of the �-�nt.i ci�atc,d cost. 9. Z'hat within one �T�or�th, the C_it� administration and the Da.rz'e1. 1�'ar.r Devclo��rrient Corpor_�si�ion present a proposa] to the Planning Co�ni:tission for a sol ution to t12e I500 ` extension oL 1,'orth Ir2nsbrilck Drive to Silver Lal:e 12o�id. (As an� ��rnposal. for tl�_is exL-ensiol� would l�ave to be at �he Cit� Council's direction, this one month time period would have to be from Ap.r.i1 5, I97G (�oiincil meeting) to h1�y 5, .1976 (Planniny Commission meeting). tIPON a voice vote, a11 vot:ing a�e, the motion carried unanimoizsly. hir. Boar_dman said thc intent of the 9�h sti�ulation was tl�ai= i:}Zis pro�.�os��l. comc back to the Plann�.ng Commission for acta.on at that time. rir. Peterson said that was trie intent of this stipulation. � � �� CJ � � Planning Commi.ssion Meetinc�March 17, 1976 Page 22 � Mr. Boardman said i�he units which would be built in units of two were basically the same as the townhouses that had been developed in Phase I, II, and III. Mr. London said there would b� basically two types of buildings in the �th and 5th Additions. He said one plan wou].d be ta have the two units separate and connected by a garaqe. This type of building would fit on land that sloped up from the street. He said where the two buildings ��ere joined together would be where the land sloped C�iOG�7T1 from tlZe street�, and would be generally i�he walk-out type. ' Mr. Scott asYed tlze.price range of �Lhe to�anhouses in these plats. I�Ir.. Landon said tlzey would be in the $40, 000 to $50, 000 price range. ' Mr. London. saa_c3 thr-_se plans h�ve been ta}cen to the North Innsbruc)c Townhouse Assoeiation, the Arc:hi-teetural Control Comrnit�ee, aild we got a lot of recommendati.ons fiom them which � ha�Te been incorporatcd in�o the plans for the neva developm�nt. We did get the approval of this Commii�tee. , D'ir. 8011"CZ1ll�.T1 sai.d the staff felt that thc designs of the to�,mhouses in these plats were compatib]_e with the existing uni-L-s. � � � Mr. rarr_ said the revisec� figuxes for these to�anhouses would ma}�e the cosi-_ from $�5, U00 to $60, 000. �ie said tl�e uzzits were e�pai�da.ble, and coul.d bc as large as 5 bedroorns. He said tkle }�-iggc�st unit had 22�i0 square f�,et and the small.est uni� wa.s al:�out 1�00 square feet.. � Mr. Boardman said these we.re not thc st?°uctural plans, They t-,-ou�_d be submitted at the time buildil�g p�r_mi�t.s we��e requested. � '- Mr. Scot�. said he had some co?lcerns a}.;out the limited range of the cost:s of thcsc units. It tends to gravitat� to�aar_d.s ane specific grou�. He sai_d that the Human Resources Commissic�n felt •that �,�i�h �_nno�rative designs th�y could provid� for inore varicty to provide for a broac�c�r rang� of income Tevels . Mr. L'arr read from a 1974 study by the Metropolitan Counci]. on Planncd Uni� Developments (PUD). Fie said t}Iis was on housing costs. I-ie read "'T� was di�ficult to � single out on� c�'� two oi the higiies{� priced PUD's, but one would be th� to�a�llzouse,�� at Cedarvietil wiLh a top price of $65, 000 and tlze single family homes of Innsbruck r�orth �ti�hi.ch may sell for up i:o $80, 000 or more. Developments llavin� a diversity of price would include Briarwood, Tnnsbruck North, Shellvieca, and Lagle Lake. The condominitim's of B�iarwood in Golae>> Valle�� sell for from $15, 900 to 24,400. Tlie Inns}aruc): North I��artmrnt� s��ill rent for $149 to $208 a .. month.• �1 townhouse may be purchased for as little as $32,G00 and a single family detache.d house may be purchased in the range of $50,000 to $80,000." Mr. Scott asked if what Mr. Farr had read �ertained to what 17ad becn developed, or if it includcd what a � . Plann9.nc� Commission Pdeeting - March 17, 1976 Yaqe 23 �� was bcing proposeci in this plai:, and would what was in L-h�� same townhouse association be considered as one Planned Unit I llevelo��ment. , � �J � Mr. T3oardman said thai� the Planned Unit Devclopment was all� of �nnsbruck t)�at Mr. T.�arr developed. Z'he preliminzry planned c��v�].opmeizi� that was appr�ved by tlie City included the singlc family area, t]zc� townhouse arc�, and the apa.rtment area. `1'his has uec�n c�nstructed in plzases, but it was all ane planncd developm�ni�. He said he didn't think you could judge this by jusi� one part of this development. 8 EE IiOTION b� Pet-e=r>on, second�d by 13ergman, that the PZanning Comrniss_ion reco�n:;;c�nd �to Council approval of a townl�ouse dev�lopr.:e��t of 100 unit.s, T-1,`7G-01., by D�rre1 A. Far.r DeveZoprnent Corporatioi�, for Tnn� �:�r. ilck Nvx�LPi To��nliouse IV �nd V Ac1di tions . , � r1r, i>erm�?n sai.cl thai� he ie].t that in the context of �h� tota:l plan, tizat triere was a very uruacl price range in this deve lopr:�en � . � ' ' ' � � � ' . ' , , � , M.r. ScotL sai.ci i.hat: �ellcn he 1_ooJc:ed at the �Lotal dcvelopmen�� he sa�a poc.�ei�s of Lhis gr.oup J_iving here, and ano'cher qr_ou;� 1ivi.r;., there, eac}�i group b�ing o� a c�rtal_i� i.ncc�;t�e ranc�e. He said that. in his a��iiz�on trii;� �•;as s�erc�otyped p]_arni_nr�, and he coulc� se� this d�vel.opinc� t�he �am� us o_�n qroL�� on one sid� of tl�� tr_acl;.s and arlother grour� on the oi.h„r siuc� of tl�� tr_acks. He said he wou..ld li.'.;e to se�� a l��-oadc>r_ ��a1�c�e oi ho�.�.s3_nc� for a 1a��c�er ianc}c- of incon�� gr_ot��s . r'�;�. Par�� sai.d tha � this de��lopznent cove.r_ed. 60 acre�:, and he t-.ho;lghi, tl.��t iiz thos� 60 aci��s tlii_s dcvel.ol?ment did meet th� t cri.tc ri.a, anca t.h:�_s �aa s a i�u11.y integrateci com�nuni�-�j e He sa��d that in tll;: sa1�.� ��r_ti_cic he }la� read fram before f it cii�es Ii.s�sbruck ��T�rti� a.� a fully intcqruted developmeiit as to styles o�: housl_J�c;, �,nd piic� r�.?�ge. Mr:�. Sporre :>aid sh�, felt �.his ��Thole development offered a varie�� oi: lite si:t�rle:��. Sh� said that pcople wlio bought into a townhouse devclo;?m�nt �•�e.rc bu.ying ii�to a» �<�clusion area, and did .so Uccause i=hey ��.�ited t.o }_�e in a pi:'ivatc� a'rea. She thought this ii.t int� tlie housinc� plan , becat�s� it di� meet t}�e iiecds of peap7_c �0}7o caantcd a di(-LGicizt liLe �tylc�, and Fridlcy should b� praud t1�at they can o:tfc�r sur.h a develoZ�mellt. UPON �3 vo.ice vote, Bergmat�, Harris <�nd Peterson votiny aye, GabeZ absta.triing, and Scott_ votinc� nay, t_hc mo.�ion carr.zed. �,.�; CON`TINUI,D� PI7F�LIC FII;t'1l:II�G: CONSIDrP.l�'I'ION Oi' A PRELIM7N11RY ; . PLc'1`1.` � P. S. �' 7 Ci-- 0 2� I�i1� `:>]3RUC:FC �� )_I.,I_,AG1� � l3Y U11I�1�EL 11. '.r.''711�R DI�:VI.:LOPr1L,N`1' CO1�1?OP.I�'1'1:OI1: 13eing �z r.e��lat of Outlot B. , lnnsbruck Noith 11dda_L-ion, aloiic� �,�i�.h Loi� A9, excc�pt thc S�ester.ly 210' of Auditor's Subdivision No. 92, generally located North of_ Nortli Innsbruck Drive aiid West of the 131ack Forest 1lpari�m�nt. Public Hearing closed. � � ' � , � � ' �I � � r ' � ' ' ' , ' � 8� FF Planning Commission Meetin� - March 17, 1976 Page 24 �',.G� � CONTINULI�: CONS1p�R71TION Or' 11 TOWNIIOUSE D�VFLOPMrNT Oi' " 100 UTII7.'S ,'I' -# 7 G- 0 2, I3Y DI�I2REL 71 . I'71RR DEVrLOI'MI,N`i' � CORI'ORA7'ION, I�'OR 1'NNSI3RUCIC VTLLIIGL. MOTION by Peterson,.seconded by Bergman, that the Plann�ng Commission reopen the Public Ilearing on the consideration of � preliminary Plat, P.S. l#76-02, Innsbrucic Village, by Darrel A. Farx Devel.opment Corporation. Upon a voice vote, a11 voting aye, Chairman liarris dec].ared the Public Hearing open at 11:45 P.M. a2r. Boardman said it was proposed to construct 25 4 unit towzzhouses on this plat. He said th� preliminary approval for this phase of_ the Innsbzuc}; development was for a 251 unit apartm�nt complex to be consi�rucied in this area, so instead of having 251 units in this area, there will be 100 uni�s. There ar. e HUD monies involved in the c�evelo��ent so �ti'est Bavarian Road wili be a pt�b? i_c s�tr_��t ��:i.th a 50' right of w.ay which will be a connecting street bet��.een I�rthur Stre�t and North Ii�nsbrucx Drive. The spur roads in the developm�nt will be private streets, and this wil.l have a separate To��anhouse Association. Ch.airman Harzis said this vlas th� plat taher� theLe we-re structures t�oo close to the tYie street, and where they had requested a blanket variance. Pdr. Board.man said the City Attorney has said that any variances nceded ��,er_e subjec�. to approval caith the appr_oval of the �o�•mhous� developme�n-t, and ��hetheL �he Planning Commission ac�rees with hi:� irite��p�etation that �his didn't have to be heard by the Fppeals Co?nraission was up to them. He said that : no�vl?ere in �he towilhouse or_dirlunce does it. mention setback requircm�nts. Niro Harris said this property was zoned R-3, and he felt thcy had to meet �he )Z-3 requizements o�� a public street. AZr. Boar.drn�n said tlzat under the to��mhouse ordi�.zaizce requir�ments, that tllis ��.�s the only time in otir ordinances that tlzere hacl to be both a plai� approval and a plan approval. Mr. Boardman said he f_elt; thai� this :J�s the basis of the Cii;y A�ttorney's ruling. (M�� . Boardman and Mrs . Gabc�l k�oi�h thought ther� Piad been requests for vaiiances in other to�anhouse developments bui� a seai°ch was made thr_ough a7_1 townl�ouse data, and there was no record of any variances going thrauqiz the I�pp�als Commission.) l�Szs. Sporre asked rir. Boardman where i�his dev�lopment did not meet the R- 3 requiremcnts . Mr . I3oardmai�. said thc only require- ment they didn't meet was thc setbacl: from public right of �aay- The area requir�ments are mct, the open space r�quirem�nts are met. He said the Cii�y Attorilcy Izas interpreted the townhouse aa�dinance that: any area requirements, open space requirements, �ind� setback requirem��nts bc part of �he approval of tlze townhouse developmcnt, and this includcd any var.iances needed. �Mrs. Sporre as}:ed what variances they were being askcd to approve. in this t.owrihouse plan? Mr. �3oardman"said it was the 35' setback from puulic right of way. They were asking for a U1.111�iet variance from 35' to 0' for the garage of some of the units. fIc sai.d there was 7�' from the curb to the property line. r1r. 13oardman said the garage doors would not face the strcet. ' � 1 � � ' � ' ' � ' � � , � ' ' ' . 8 GG Planni�Commi. ,si.on Mcr-_�L-i.nc� - March 17, t976 Paqc 25 � � Mr. Petcr_son s�id i�hat if he remembcred cor.rec�ly, the icason �vr the placemcriL- o� t.lie units as was preseni�cd was b�causc ,.� of th� topagraplZy. Mr..�•I3oardm�.n said thcre was a l�iigh ridge tha� push�d these units closer to the street. Mr. Sc��tt said that as pari� of the A-95 revie�a process the IIuman Rc�sour.ces Commission was to conduc� a hearing on this application. Rather than have anather public hear_ing, the minutes c>f i:lzis me�ti_ng �ti�i11 he part of i�hat revieva. He : aid the 1�-95 review was a separa te act�.on . Mr. rarr said they h�d a model of thc developm�nt, which he tllought �aould. ans�,aer a]_ot of c�uestions tlzat were��rman� to �his de.velopmcnt. FI� :�ai_c� that� if a qreater sei�back was required, it �ti�ould have a div�rsc efLect on this development. � Mr. Ha.r.r�is saic� �l�llat he w�:sn't �veiz cansid�ri_ng the pros and cons of i�h�� v<<:�-;.<�;�.c�:,�:�. IIc. vya; moLC� cor_cerned �,rith thc proc�durc they c,�ere i ol lo�:: inc� to gr_ ant: thF proposec� variance . fie felt they wcre c:i_rcumvunting Lhe zonii�g co�e. Mr. B�r.cr,:nan Gs?c.�c� P��r, I'arr to state thc harc�sl�ips i_nvolvcd in �:r:'1S vai_iar,c:c� i�ec�u,�.�.t. ��7�.�. Tazr said the hards�iip ti�as �hc� cosi: consid��_�� Lio.�i, az�d �y3:ctl�.er tl�ui �aould be clas:�i.fiec� as a h�r_�dship, he di.dn't kno�:�. G�� •�ant to lLeep th.esc� p�r.i,i_cul�?- town-� h�:��_�,�s as lo�� price��. ��s poss�_b�c. j�lc are lookinc� for :youn.g mairied COUt 1_es. T17G` :�1ZC OI: Ll"iL' UJ11tS Vc^i7"�% }�E''UC�v'i�CT1 �i�� i^O ��J �C�{ll�s.1"C_' :EF'�l=- Vv"e v?ou:Ld l�}:c to l;ee-p ti�� pric� ol^ thcs:, units in LiZe m�i_d 530, �00. Ta ao this, c�ne a� thc consic�e��a�ion� �,'�s to protric�� F.H.A. Li- nar.cinc�-, ?��caus� i.hc� -uatlor�_ti-zu�tion �Ja> gie�zter a�7c�i the do�1n paym�er�t �raas l.ess� In orde.r �o c,e-� �'.II.1�. financin�, and L�cau:.�e C'�est Bav�ria�1 P�.ss r.on�Zec}�� L-o �.�ao puk;lic s��'eets j No��h Ini:��LLiC:'� Drive and. 1�.r.'c�1iAr St�'ec�t., they ]�;a�rc .r_eqt,ired tha� L}�i.s �trcc�t be a public sL�.c�-�. Iie saicz thosE� ��;e:re th� hardshi_p�; ihat ��revail. Iie said �.)-:ai� by nlak:ine� 1^lest �3�vaYi_a» Pass a�,�ub.l`i�c street and adhering to i�hc 35` set,b�clti, ��he ae�Tc_lopl;c�nt wou:i.d no�v bc� v.iable. Iie said ��c <<:�oul_d have Lo go to Pl��n P>, and not have t17�_s as a pur�l ic strect, bt.it go buck �.o a priva�e street, and this ��ou_ld have to l�� in�nccd corivent�i�nally, or do sometl�i��g el.se. I3y making tlie str_eet widei:, as yot. can see ny the mcc�e]., c:�e wauld be d�stroyirlg a st�bst.antial part a.f the site. We wotzl.d be �estroy� ing trces, we would havc to r.h��ng� the exa_sting topog.raZ�lzy sub- st�nt:ially. The units are desi_gned to fit into a h�_11. They zl.l go up. �ae ha��e trieci t_o prc>sc�rve pu�.>>_..i.c areas.. The drive side aiid c�arage side �re publi_r ax:cas, and the pedestrian areas a�:�c privat�e areas. lie said th��t as they widcncd G4est Bavarian Pass �ae had i.o push thc units toqeLhcr, so that we could cicvclop a continuity of �lo�� oL thc green ar�as. Hc said that instead o� having 300' to 400' bet.�,t��en w�ii.�, �ti�e have 100' or 70' less than that. }I� said they t:110UCJl1t about the setbacks a great dc�al ��hen t}1�y dcsignec� tlie units. I-ie said that he f�lt that one of the zc��ons for this setback was to allow stac}:ing o� cars in �ront oi- a garage. 111]. of. th� garagcs in this ei�tire development �aere structured so tha� the car_s drive into L-he si.de of the garage. The side facing the strcet was a finished wall. There wcre no garage doors facing tlie s�rect. Each drive way was an L shaped � � II ' � ' �J , ' �� : j� �'� ' ' , � �J ,. ' L_� . . . ... ..... .... .... . . .. . 8 !�N Planni.ng COTTlIT��-JJlOI1 Meetinq -� Ma.rr.h 17, 197G �• Paqe 26 drive. Iie said thc only structures that would fall within the normal setback lirze are the garages. The units themselves would be 40' back from the property line, so he didn`t thinlc t�his would causc any visual blight, because the garages wcre relatively small structures when rompared to the units themselves. He said these were the basic reasons for asking for a variance, or whatever i.t is. Mr. R. M. Rumpsa, 1481 North Innsbr.uck Drive, said that when the single homes were developed, thcy had to meet covenants that w�re estaUl.ished by tt�e Darrel 1�. I'arr Developm��zt CorporatioTi. I�Tow, when Mr. Far_r eaants to put in another_ development, it seems that �his has come around about 1B0°, because this development cioesn' t ev2n meet t.lie set}�ack requiremcnts . He said that when l�ie bouc�ht his l.ot, he kne�a there c-1as supposed to be an apartment C;OItl�l_eY. on this sii�e, ar,d he �aasn' t so sure that that �aouldn.' i k>e sti."11_ ti�e be5i: -i_c3ea for_ thi_s si.te. �ie sa�i_d th.at by putti.ng Yiomes in th� $33, 000 i:o $39, 000 rai�ge, t7iat he felt that in 10 years, this ��aulc� be a hell lzol.e. h�1rs. Sporre acked Pdr. I'arr if he lcnee� of_ any other to��mhouse development vlhere th�� garac�es ��rere set so close to the street. Nir. I�arr said that izz most -i�o�vnhous� developrlents the garages were quite closc� to thc st�iec�t. Mrs. Spor're asked about public stree�s. Nr. I'a�r said tha c the ol��_y townl-iou� e developnlent -�hat he kne�•a of that llad a11 public stre�ts was in Albuquerque, New Me�i_co.. �Mx°. Har-ris aslc�d. how wide Z�1est F3avaria�z Pass was going to be . Mr_ . Boarc�al��a.z said there �a�s a 50 ` right. of �>>ay j and the str.eet �,�ou1_d be 31 `. b2ra IIarris suid he c?i_dn't �hink they shoulcl be a].lo4�ed to havc. a 31' s t-.rect beca.use all the other resideni.ial street, in F'ridley �-�re:re 36' . Nr_ . Bo�rdmari said the £.T�.A. requirem�n�. ��7as a 30` streei�, and tliat th�re�aere ju�t as a�tany 31.' .residc�7tia:l. strec�f.s in F'a�idl.ey as 36' �aide s�reets. Mr. H<�z.rri_s said -chat l�e felt that any curved street should be a mii�imum of 36' . He sai.d he lived on Riv�rvi.ew Terrace �ahich �aas a 36' curved street, so he knew the problems. M1°. Scott_ said l�ic� tz�zdc�rsi�ood that the touanhouses in this p1a�� would be a separate '1'o�anhous� Z�sti>�ciation. Mr. I'arr said that was correct. M��. Scott said h� could se� problems in tl�e maint�nance of this ax'ea, becausc pe�p_lc in this price range of homes wouldn't be able to maintain i�lze area. Mr. T3ergmai� said he wouldn` t be able ta vote in favor of this dcvelopmeni� because af the setbac): p�°oblems. He said he kneca we were ��lking al�out setback proulems ver�us nature, existing texi�in, s�'�viizc� trees, etc. He sai.d he knew evcryone was in favor of saving trees, but tlicy alsa wanted to see a reasonable amount of the sctbar.k rec�L7irements niet. He said tha�L with this street being 31' and the location of the garages, that he would feel lil:c he was driving down an alley, which he felt was not the inten�. ot having a pul.�lic streei�. IIe said a variance request from 3a' to 0' does not recogni�e the setback requirement at all. Mr.. Peterson said he fclt very uncomfortable because thc ,. L� , , � ' Planninc� Commissioi� h9ecting - Marciz 17 , 197G Paqe 27 g� I 7�p��ls Cor.lmission clicln`t dcbate this issue at their 1�st meeting. He asked Mrs. Gabel �vhy i�his 4Ic15I1't done. Mrs. Gabel sai.d that when this camc to the nppeals Commission they wer� told tlZe City Attorney's interpr_ctai�ion, and we were i.old vae did not have to act on the variance request. Mr. I3crgman saicl he didn't think thcy should get all hung up on proceclure. I� someone says we can approve or disapprov� the plan, he woul.d be �ailling to do thai�, consideri.ng the setback as part of the p].an. Mr�. Gal��. said she coul_d��'t agr_ee with Mr . 1� arx' t17at a qaraqe pl��ceu 7 feet from -L-he stree�L wouldn' t be a visual blighi:, and shc also f_clt that this would be a traffic hazard. � Pdr. I3o�irdman said that al1 the gar_ag�s we.ren't at the 0' ' setback. He saicl t�lat instead of goin.g through the variance proccdure o.z ev�ry garac,e , thel j�.s� a.,ke>�i for a bla�ikct vu�-ia;zcc. I�e said tt�at .in r��ost cases the gar.aqes ��e.r_� setback at least �` from the pi'o��rt�Y lin�, and ir_ othea� cascs, i�t �•:�as a a,r_ea�er , distance than that� but tt�e actual .request �ti�as for a blan}:et variance. ' L� � ' l�ir. Harris asked i� -�.l�eie �aa5 c�oing to l.�e concre�e cur_b �nd gutr�r on trie ��ur�1�c st�°cet or l�;�st F�av«�ian Puss. Mr. Eaa.rdman sa:i.d �here �-:oul_d be, rsr. Ilar_zi s sa,�_d the strect ��:au1d }�Er' �U11.t t0 �;1.tV S�^C�'_i1Cai=1021 Of �f �� }7c�.�,C' al"iC� � 1�2'� ITl"dL. l�lr. �Oc1!�C�)i1c:I7 Sc�.:LC� �_�� tv011.�_C�.. T1?=. �i��'?"1S ��>i:!_C.� :L�: OI�°StY�EC� IJc�C��'.117C) ��oi�.ld bc, al.lo�.�Ted on �+�.i:is street. I�ir e Ijo�a�d:na�:z s�id it vaou.lci be ��l]_o�v��c3. P,ir. z�a��-r_i_s sai.d tl�l�:.�.� asst<r�inc; tl�at a c7riving lune ��.��s 8' ,��lhich ��auld be t.:;_ghi_, b:�cau:se no��m��11-y tize�� <<:cre 1?_' , and wii:.h t.ra:L-f i_,_ in U� �� di.x-eci�.i�ns � t.na ��vot�.7_d be 16' , which �aauld l.cave 15 ` ior �ar]�_i_n, . r�Ir. �oard7r�_�� sa:i_d there wi11 be t�,�o ��ar)-;ing sp�zc��s pr_ovi_dc�? for each uni c. Mr. Iiergman said tl�at in the entire No7�th Tnnsbruck �r.ea, ' this si�e l��s becn. cliosen �or i�o�-Jnhoclses for peop.le of lo��Te-r incc>me iai�li.lies, and i� seemed to l�im that 1_o�-aer income people didn`t q�tsetbacks and did get narro�;T streei�s. l�Zr. Scott as}ced if there �-;as a di.:EfGZ�ence in tYic ta� si:ructuie far_ a det.ached und at.t�chcd ga.r_ ac�e . DZr . Boardman said he couldiz ` t ans�-�er that question. (Note: Cii=y 11ss�ssing of_f_ice said tlzat there �vzs no uifference in the tax structure.) Mr. �rarr said that he tYiought tliis tov:nhouse developmc�nt I' inr_or.porai�cd as man�� good p]_anninc� fcatures as he had aver �een , in a plan. Iie again quoted from the Azetr_opo]_:itan Council report. " The . Respcct for Topography. ii1 •Slia�inc7 DcvelopmenL: Thc l�c�using �i ' can be built around the natural land f.eatures, ecoloc�ically important bodi_es o� water, marsh, woodlands, s�eep slopes, can rcm�in in �heir naturaJ. state. In an area of c�eizi:le slo�cs, or tcrracc� to�vnhouses may be bui].t to adv�ntage. Narrow Cur�ed or Dead-enc3 • �' - d Unit nevelo mcnts can be flcxible I I k2esi.c��ni:ial �t�.eets: Plannc p , � in their use o� roadways unlilce the conventional grid or:.ctiLV�d ' l. 1 J �� 8�JJ Planninq Commission Mee�Ling - March 17, 197G Page 2b linear str_eet patterzis in traclitional ��ousi�c� d�velopments. Residentia.l pr-ivacy and safety.may b� enhanced by st�eets thai: are desigiied for mi_nimum i�raffic and reduced speed. Narrow strcets cover less valuable land as well as inhibiting heav� high s�ced traffic, as well. as imgrove the appearance o� the neighborhood." , Mr. I'arr said thes� units in th.is deve]_opmen� were not closer togei�her.. than the uriits in other townhouse adc�itions. The fact that the setbacks were wrong because this was desic�ned for lower � incozne peoplc� was noi: correct because the distance from garage to garagc ta strcet was closer in"the other townhouse dcvelopments, where �•;e �aere talkinr3 in a prir.c. range of $45,000 to $60,000. He � said tha-L- if the public stre�t was going to be a problem, then he guess�d tl7at they didn`t need a public street. Mr. I-iarris said tr�ere were some things that �h�ent with a public � str_ee{. t�,at< <,�rer�_�1�' �: ;�ec;uiren.c�nts wi.th � pr;,v�tc strec�t. Mr. Petcr ;oi7 s�id i:}Zis could eliminate som� people from being � able to purchase a to��Tnhouse in this area, if this �aent to a pr_ivate street., ber.ause then this develo��lent wouldn't meet the F.H.A. requi�_em^nt. Mr_. Iarz said they felt that it would eliminate � �J � ' � F.H.A. financing. Mr. Far�_ said lie �aou.ld likc to read one more paiaarapY? from the .nletropol.it_�n Counci"1 repo.rt. "Prov�_ding c3iversity of costs �•Jitl�za.n Pl�rine�. L?r;.i.t Dev�l.o�::�1�n-Ls �aas p�ri�ai�s one of tl:e moLe important� goa.ls t.o be evcnt.uall�� m�t. Public attention shoul.d be directcd ��o ae��el.op T]_exix_�le gubl_ic progr.ams t}iaj�. �:'i.1,1 enable a variet�r of hc�}_��<inc� i_yl�es ar�d. costs to l�e ' increased within Planned Unit Dnv�lopm�nis� `l�h� I��ae�ropoli.t�z�z Council will be �-Ja�chi_r�g the housl.ng i:rc�i�ds i_r� this iespect and �ai11 cont.i.nu� �o explor� v�rious means l�y which t_he go«1 oi increascci diversi�y of housi_ng coUts �_._ may }.�e mei-. in PUD `� e" �4r. I'arr said he understood tha-i; tlZe City hac� o.rdin�nces, and �.hat they had to liv� ��.ii�h �Lhem. Iie said. tliat he didn't believe �n Metropoli�.an government, but lie firml� bclicvec3 thai. I��e�tro��olitan gov��_nm�,:.>nL- was making tremendous inroads into local c�ove�nmeizt, anc� th_i..s may be becausc of the infle��ibil�_ty of some of th� 1or.a1 ordinances. F�e said this may be far ��field from �-,hat h� w<�s addressing her.�, but he said that ordinances �,rere made b�� people, and peopl� can change them� and he believed ther� shoul.d be more fle�ibi].�_ty in local government. He s�id tliat all the consid�ratioizs the Plannilig Commi�sion had brought out �aere valid. Som�one �•�ho coiildn't see arounci ttle corn�r, s�zow removal., st.r�et r�paii:, emergen.cy vehicles access, they wcre a11 very valid, and he a��preciatc�d all those concerns. Hewasn't sur.� that this proj�ct as it was designed, did not providc for all these things. Mrs. Sporre said just to point out that �oe didn't live in the dark ages in I'ridley, the Environm�ntal Quality Commission had as a goal io ios�t:r and promotc innovai�ive des�gns and she undcr_stood Dir. Farr's attempi� to preserv� thc contours and retain as mueh as you can of a beautiful site. Mrs. Sporre said that she couldn't make a motion, but she would like to have this � . _ . . � !:K Plann:iilg Commission Me�ting - M�arch 17, 197G Page 29 ' sent to the rnvironmeni�al Quality Commission to review thc: benefits of tlze plan as far as environmental concerris, and it mi.glli� help in the final decision. . � Mr. Scott said that he agreed ��ith Mr. P'arr as to local government sometimes being infle�ible. Iie said that he hims�lf � was an advocate of this. IIc said that as far as PUD developmerits he didn't feel tlzat th�rc was adequate basis to drawi� conclusions from. IIc said that� i.f thc Metropolitan Council and HUD thought thaL t�hcy coul_d sit in St:. P1ul and ma}:e these kind of d�cisions, 1 they �eouldn't bc s�nding it to a smal.l Commission such as the Human I:e �ources Commission for part of �Lh� �1-95 review. They have asked us i�o r_�vi�w tl.��s� propos�zls to see if they were ' consistent c�ri�.h v,liat the intention of the program was. H� said that boi�l� HUD and P•letropoli�an Council have said that you don't coz�cer�tra�,e la�;a inco�r,e peop.le, becuuse tlley have had disasl�rous ' result:s. I-Ie s�id th.at he �elt �aii�r o:zl.y a$6,000 difference in pricc ranc�� for tl�iese units, 'that ther� could be serious proble;ns . �Zr, Scott saia that �ahat they ��rcre lo�}:ing at he ctidn' -� feel was � a PUD. T�r. Farr_ said that �aas just pa.rt of the developrnent, arict the entire r.oncept of Innsbruck was a PUD, evcn if �h�zt taasn ` t the term applied to lt. � AZi:. Harri_s as!ced i�Zr. I'arr if it �aould be possible to veyden S•Jest I�ava.r�an P�ss -l=0 3C'? r1r. rarr_ said hF� didn' i� feel that this �•;as n�>ce�s� ry. The r�,�u7_a��or�;� i�or. P.H�?�. on7_y rec;uirE. a � , 3 �� StY�'.:' i; y a�U't 1l 'C'L7� C1 �� E'1'ii l L �'Jii:� 11C'C'�S:�c%:CjT � .l'G Gdc"!S }"�T'C?�"Joi�-'-jT SO_ll� L11� l�. J�li�l'� 'l-..i�F?�7 CClll�_C'1 Ci0 . Z'`tt . 111Y';""f_S Sci1C� trla.t:. Ct71"V2(1 S'(:?"�C'�? �.a t��-c-� a pr_cu1e,�1� and he f_ell-. tn<j-� tlzi.s st.r_eei shovl�i Le 36' ��ride. Nr. Farr said th�t �aith -Ll�� desiqn of L-t�.is. dcvelapn��n-i: , a 36 ` ,� street might be to their_ acivai2taqe o � Mrs . Gabe.l askec� ho;�a iar back oL the: gar_ ac�c�s «ere th� �ic�Llt�s locatec� . 1.�ir. . rar_ �° said i l= �� as abau t 3 0 feci� . rirs . Gab�l aslced i� they couldzz't be moved back farti�c.�r f.ccrn the str_��et? I�Zr. Farr said it �-aas pzetty harcl to tetl fl�om a piecc of paper, but the � topogr<�phy o_� th� arc�a rn�l:es i.i� vc�r..y diLi�icul[_. He said thai� all the trecs werc� J_ocated on the s.lopc�s . , Chaii-man Fiarris askecl e�Teryone to ]_o�lc at the model, ar�d maybe someone could come up wi.tl� an idea for this site. Mr.. I'arr e:�plained the to1��c,rr�z}�}1y and thc plae.cmcn l-. of the units . ' Iie said that somc� of the uniL-s wcre designed a11 on one levcl, for what he called "empty nest" peol�le, people who have raised their families and �aere again alone, arid wani�ed a smaller place to ta}:e care of. Mr. Farr said hc had put in more work ozi this � site, than any of the other sites he had dcveloped. I-Te said they had been working on a plan for. this site since August o� 1975. ' Mr. Scott said he didn't see anycvhere on this development where there �aas recreai�ion provided ior young pe�ple. Mr. Farr said iliis land w�zs adjaccnt to thc Cii:y park to the Nori.h and � there was a tot lot pr_ovided.to the �ast Uy the I�lack I'orest Apartment. IIc said they wo.ulc� be constructing two tennis courts in the City Park, and i:herc was a tot lot adjaceni: to �:his site acros� Nori:h Iniisbruck llrive. Mr. Scott said thai: S111c1LI. Ct11I.C�r'C11 , . ' � � � � Planning Commissi�n Meei�inq - March 17, 197G '�Pa e 30 would not walk �wo blocics to a park. �Ie said that as this site was.expc�ct�ed to bc attractive to young people, he didn't feel tha� there wer� adec�uate facilit'ies for young people. Mr. Bergman as}:ed Mr. Farr if he would consider some of the clements in this proposed plat. Iiis particular_ concernswer� the lack of setback. and �he street width, axzd par3:ing, and he was wonderinc3 i� Mr. Faz�r_ was wi].ling to consider a compromise on �he setback requirement. Nr. I'arr said that any movemeni. of the units �ooulcl have an adverse effcc� on the wooded areas and he wonder_ed what ty��c a� com��romise he haa in mind. Mz'. Bcrgman said he GaouJ_d rather vary i�he s�t�back from 35' to 20 ` rai�her than tric� 0' . He saici �this �-Tas his personal opini.on, but due to the hardsh:�ps o� the site, he fe�_t this �aas a resonable compromise. Mr, l3ergman said the other alternative was for Mr. Farr to requesi� a recommendation on the pl�t as it has been p-resent�ed . Mr. �arr said th«t he could not ecoriom�_c�.11y reduce the , density in this plat. H� said he had a lot of money in this land.. Iie said it �ea� zonecl anc� planned for a 251 unit apartm�nt buildinc�. He said tha.t h� really d�-dn't ��°ant to bui�cl a 251 unit, apartmcn� � building �I�d }.ze w�zs no�: sayinq that. i� they didn` t appxove this, 2ze was going to bt�ild a 251 unit a}��rtmenL build�_rig. �Ie said that he �elt this plan :C?_t1ec� a necc�ed gap in our hous�_ng rnix in that � par�L of the ��;or1.d, az�d he hone:7t1-.Y beJ�ieved that �:his plan was as �•�ell t?ZOla.ql�-t ot�-� as any p)-an he had cc�r,e across, and he was sayin.g 'r_hat in all_ sincerity.. �. Mr. Rumpsa and �nother prope.r_ty o�az�er from the single f�rmily homes said thc�y ��ould r3th.er s�e a 2.51 unit apartment on this � , site. ^ 1•10TIORT by Scott., secor�d�d bt] Pet�rson, �Lhat the Planning Com?nissiori c.Zose t.l?c Public Hear_ing on c.onside�'at.ion of a pre- � lintinary p1at, P.S. �176-0?, Innsbrucl{ V.i.11.age, by Darr�.Z A. Fazr_ Developi��eni- Cvrpor_ai:ion. Upon a voice vote, a1.Z voting aye, Cha_irman Iiai'r.is de�.Z�red tl�e Pu�1ic Itear:ilrg closed at 12:55 P.1�9. � ' � � MOT.TOl1 by Bergman, seconded by Cabc.Z, that the P.Zanning Commission 1E'C0T27ii1CI7Ci �o Counc.:il denial of the proposed p1at, P.S. 1i76-02, Ir�ns,'.�ruck V_i.7.Z��ge, by Darrel 11. Farr. Developme3lt Corporation, b�ing a repl�t of 0i�tlot B, Innsbruck North Addition, along with L�t �9, Auditor's Subdivision No. 92, generally located North of Nort.h Innsl�rucfi Drive N.L. and [aest of the Black Forest Apart- ment, primarily bccause of the lack af setb�ck from tlZe public street. Mrs. Sporre asked why they had made a motion for denial. She felt it sllould have b�en tabl�d, and the problem� resolved. Mr. Bergman said �Lli�-tt liis personal view was i�i�at this �wa� Lh� • progex .action at th�.s i�ime. Mrs. Sporre said thai: a mc�'.::,on for denial c].oses thc door. rir. Scot�. said thai� it closed �.ie door. on tliis plan. Mr. Boardman said no, ii:.closes the door for any �l.an for. six mon�hs. Mrs. � Sporre said chc thouc�ht tliis plan should be stuclied in tur.ther depth. She said that the Lnvironmental � � �, � � � � � � 8 �IM Planni_ng Commission Mcei:�.nq - Marcli 1.7, 1976 Page 3: Qual.ity COI[1I111SSion hadn't cven laokcd at thi� plan yet. Shc said that rlr Far_.r's c]_aim- i:hat i�hey .had made an cloqzient attempt �o save, preserve and utilizc, tYie sii�e to its fullesi� potential, _�zid she realized tl�c�y h�.d uscd the lowlands for the road, and have classiiied high lands as better, and she had somc� problems with that, but she �el_t that i�hc �nvir_onmental Qua].ity Con�mission could wor_k witlz r1r, rarr and dcvcl�p this into thc kind of a plan AZr. Farr would like t.o have, and she would li}ce i�o see him have the ��o�-ttzni_ty. She said this plan v�as implementing one of th� goals of h�r Coi��missi_on ,-.�liich w��s to use innovativc� designs to utilize a sitc -L-o ii:s Uest potentia].. Mrs. Gabc�7. said she was not aware that a mot�ion �or denial would mea�� t}:at r�r. 1 arr could not came bacic with any plan for tliis site i�or si._ month � �-al�en sl�e s�co?Ided thc moLion . She saici she �vould liJ;e t.o .aithdr�:w he.r_ second to the n�o-tion, becausc slie wou7.c� 7.i.)�c_ I�i�_ , I?ari to 1-�ave �he oppc��t.ur.i�y to ��resen�L a bniter plan. i�Sr. Scot�i c;u.c�s�.i�r.�c; v,-hPth�r the second could k�e witiZdra��,ri. Iie said a moti.ori ta tabl� ��aoul.d sup�rcede the motion for de?�ial and lie c•,-�uld ma}.e such a r.�otion. l�lOTIOI' 3�y 5cot:t, secolldecl hy Peterson, tha� the P1ann�ng Cor,�l;�issiol. table tlie con�;ideratior. of a prc:1_i.minar� p1at, P.S. #76-02, Inn�bruc;k Vi1J.Uyc, bz� Darrel ��. Farr. Devc�lopm�nt Corpor- ai:ion, beir,g a rcp,Zat of Outlot B, Innsbru;�1> I;'ort1� I�dclii�.iort, aloz:g �,T.ir31 Lot 9�3, except tlie 6vesic�rZv ?10 feer:, Aiid�_tor_'s . Subdivision I�:o� 9?� �er.�e?-3.?1r� I.oc�tcd 1;'o_rti�i Oi Nor.�11 Ir�ns.t�r'r.1��:1: D7"1VE. It .i.. c?.1C1 �'��5i; 01{ i=�C? I�I�3C.�i rOZG:>L` i;17c?I'�1!]E11� ��C-'CciUSc, �tG' fe1 t tha i: ��r. I,a rr h��cl a good I�.ZGr� , J�t: t tlic�re wer� p2'OI7 � E'1!?s tha � hud ia 1�e rrorl:ed oui, at�cl th.zs shotzlc] be .�'e;ric�,>ec� b� an� me:r�be�� Cor:�nission r:�l.o rvislZed to xe�Tie,��, it, and .i.i: r_o;re back on t.he P1ar�n?r?g C;on;r;?isriol� agencla as socn <.s poss7l_�.Ze� UPon �� vo�.ce vote, a11 vetinq aye, tl�e motion ca-rl'ied i�z��nimouslu. M0.2'.�0117 b� Yet:e1°son, seconded b� Scot_t , that Lhe Plannirlg Co��n.�i.ssior� ta1�1e the cons_iderativt� o.f a toc•�nhouse development of _200 Units, ��-7776•-0?_, bi3 D�rre1 A. I'arr_ Devc�lol:�ment Corporat.ion, for Innsbruck Vi1.l.age, until tl�cy r�col�sid�r th� plat-. Upon a voicc vo�e, �e.rgma;�, lia.rr.is, Peterson, Gabe.Z voting aye, Scott nay, the notion c�3rricd. � Mr. Boardman said that due to the lateness of tl�e hour, the � petitioner for the next rcquest had ]_eft the meeting, but he had agrec�c� to� ttie stipul��tioizs that Mr. Boaidn�an �ti-ould be n�ecled on this request, uuL- becausc� tl�iere �aere sti17. people �,�aiting in the audiencc for the follo�aing ite�i� on tlie agenda, he asked if the � ord�r of the agenda could be changed. AfOTION b� Scott, seconded b� Petersor�, that thc order of � tlle ag�.nda be. Si1Sj�f'71cIC'd, to �ccommc�daL�� the j��bple in the audicnce. Upan a voice vote, a12 vc�tii2g aye, the agenda was amc�l�dec�. � � `�_s PiJBLIC I1r11P.7NG: RrQUL:ST rOR A SPL•'CI11L USr PI;RA'IIT, SP �� 76-0�, ` I31' II]:NNTNG NL;LSON CONS`I'1:UCTInN CO?1P11N1' : To per_mii: the CO22Si2'UCi:iUrl oi: a duplex and or a doubl� bunc�alow, in an R-1 District (singl.e iamily dwel.ling areas) , per I�ridley City s r�rr Planning C'ommission r7eeti_ng - March 17 , 197G Page 32 Code, Sectioii 14, ]_5 and 1G, locat,ed Soui:h Road N.�. 205.051, 3, D, to be locai�ed on Lots 13, Illock 2, Riverwood Manor nddition, g�nerally of 71st Way N.�. and G9est of Last River No one was present to repr_esent the p�titioner. MOTTON by Peter.son, seconded by Scott, tl�at the Planning Commissio�� open thc� Public Ilearing on a reqvest for a Special Use Permi t, SP /�7G-04, b� flenr�ing Ne1:�on Corzst-r.uction Company. Upon a voice vote, a.Z1 voting aye, Chuirmar� llar_ris declared the Public Hearinq open at 1:05 A.1��. PZr. �oardman said that since this request haa been made, Lot 13 had b�en so1_d as a single fan��ily lot� and a buildzng permit had already been issued, so this rcquest �•�ill just be on Lo �s 14 , 15 ai:d 1G . Tie s�id �that in 1974 +.his pctitioner had appeared before the Planni_na Con!rnission ar�c� Council to rezone tlZi.s pro��erty to R-3, s� they c_ould buil.d a 24 unit apUr_tment complex on -l-his prc��-eity. This r_equest was denied by t?ze P.lanninq Conimissi�,i as�d Ccu�zcil. He sai_a tnzt this T:co�>e��i_y v;as still zoned R-�l and the p^titiane.r_ ��T«s rec;uest�_ng a special use perrni�t to Gllow douL.le bunc�alo4vs or_ duplexes to be construc-L-ed on the ;e lots . � Mr. Gc?�a]_d Rosso�•?, 6i381 ,�,a_shing-i on Stre�t N. �. , said t1_Zat he l�ad j�st= �_c�cerit.ly pur_cl:�zsed :t.,o-t 13, a.�.�d h.is ne�•a hon�e �aas in the p�.-oc�-�ss oi b�=i�_�� bt�i_7_�. Fie said tha-t at �Lize �Lime he x�l�rcrased -�1_�is lot irom the I�ennin�; I.��lson Company, no ment�icn C��as rn�:{c7e th��t they ��erc gcing to requ�st a Speci_a1 Use Perrni� �Lo bt�°�__i_c� a do�ablc� J�u�zgalo:�� r_ight �ze�t to his r.��a home, sa he didlz' L te.el t�hat f�i��y h�.d o�erated in good faith. He said i:.ha-� ii so��eone from tl�c Ci_ty staff hadn` t ca.11ed him at 9:00 i�ociay (I�•1�,zci� 17th) r he a:ouldn't have knoGVn. anyth.iizg about this ��ropo �al. F1e sai.c� that ize fe]_t thai. the p�titioner hadn't murle any e�C�or.t to build sa_r�c�le f_ar;lily homes on i:hesc lots. He said he had riegoi-:iat�d wi_th JInnning Nelson a�_ong tim� be� orc� he would agi:ee �o s�'l�- �lllll i�he lot. Fie said. tliat he had he�zrd that other people �,�ere �_nter�sL-ed in these lots, arid the�� hadn't bcen aule to pur_cha�� tlzcm e�_i�l�er. i-ie told the Planning Commission thai: tllese lots should be retained for R-1 develop�ncnt. Mrs. Kermii� B�nder, 146 71st Way N.E., asked if this request was sti.11 valid �ohen oiZe oi� the lots had been sold. rsr. Harris s�id a i-�quesi� can al�,rays be Zeduceci, but nothing eould be added to it. Mrs. Beiider said ttiat iio one from the Ilc�nning Pdelson Consi:ruction Company had appeared aL this meeting, and this company has done this before to this neighborhood at the time of the rezoninc�. She said they havc� all sat at i:his meeting �or si:c hours and she thought the petition�r should have bcen here and presented a plai�. Mr. Harris said it was no�. spelled out in the ordinance �hat hc�had to ha�rc� a p1�n. fic pxobably wouldn't want to draw up any plans unless he knew the sp�cia]. use had been granted. . � . . _ , _ � � � � � l � � � � ' � �,. i � � i � Planni_ric�it�i.,5ion r9ceti.t� - Ma.rch ]_7, 1976 Page 33 $ �� Mr. Boardman said t}iat Mrs. Bender seemed to be as}:ing if the Planninc� Con�mission could, act on this request wheil the petitioner hadn"t comc t.o t.hc mcei�ing. C]�.<�irman Harris said they could. IIe said tl�cy wauld on7.y be making a r�commendai�i.on to.the City Council, and the�petitioner could conle to the City Cauncil meei.ing. ile sai_d that befoi:e lze could vote affirmatively on t�tiis request, he would warit to see a plan. ' William 2�2�y, 184 71.si� t�3ay N.E. , said that these three lo�:s were the only cmr�ty 1.oi.:� in a completely r�sideni�ial area �hat was across froiri t}ze school. He s�zicl hc felt thai= unless the o��ncr oi a doubl� bui.yalo°4�� l.i.vcd in one of the units, doub7.e bungalo�>,�r �aere no'� maint�incy.d . tie said i�l��at 4 single famil.y 1-iomes h�.d bec;n sold ip tl�c lasL- 4 mont�.7s in this area, so single fam? ]_y ho;nes .vould sell_ in this ar�a. H� couldn`i� see doubl_e bunq�zlov�s on tn��:ae i�hree lo�s. T�Sr. GoreloT-� Sangs-f=c�.r_ , 73_59 Y.iv�x�vie�a Terrace, said he ju�t want�d to �tre �; that rno ��t peaple ��Ti�io liv� in this ar�a fe]_t th��t i ��.as a si}zcrle f�zmil_y area, <nd t.h�� buildinc� tizree dotlk�:l_e biingal b;,;s o?� dL�1_=:Le�es at the entranr.c.� inLo this area ��ou.ld be an encro�.c?.irn:��::� i.��o j�hi_s sinc �e .fan-�i_:i_�� dcvelo�ment. Iie felt these lots s�zot.a_d 3:�e d�vc.l.o��°d as single farni.ly homes e I�1.r. P.oger_ Cla�qcr�s, 7130 T�iverv;_e�;a Tez:l�ace, said theV <<.ere the oa.desi: re:;:i.c��nf�s i.i1 t_llis Z�aJ.�i�i��ular n��ic;hberhoad � He ��..i_d thac l:�> tl�.ou�,•}�i, iL �,�a� �Jro:��, ior. th:� I-�erinir:ca I�:clsoz� Co��str_uc��_o�� L'Oil�.�7uT��,' i:0 iTti�..��L �11=1_:� J°C'CjLt:"'ci„� �:.C1C�. '1��1c;I�i 11Ci� E'_`T�'I7 �lc::_.V� i�t"1u CGlii'LF'.S� t0 7_E-'_L d,'.��017(_� �;ii0�'? f;i.�.t '[�!"?�V C•:'v7:.ZCi11 �"1= c��%�c1 i c�t i:111S Tl1E'e �.=1I;U. I;c s�:id tha L- p?�c��:osul �,��.s �_�Uotrc ti1c, sar.le �� rezon.iria � anc� ? f. l�� 'ic�.5 c.�i�i:OVG:I� IlE� t�1QL�C�l7�. 1.L ��VOl'-_�_C� QC�S"�:=�O�r L�1C� COl��CE'��"i� �O� � Y 1 t ve7'y ni_ce ne_i,c�n��or�zooc:�P oi- at 1.c��t �.hc� e�;�_rance to u very n�_ce neigh.borl�ico��.. � Dir. Leonar_cl Litzne:r, ]_80 71st Sti�ay N.�,. , said 1:hat if tl;.�re haa been zT�ul�:i_pl.e du,7c11inc}s i.n t?iis ar��a }�efore he l:�ou,]zL liis house, hU woulci n�v��= h��.v� rnov�d ir�to tliis area. Iic sa.id ]z� lilcc�ci �L-tiis ric�iqhborhoad the �aa�,� it �1as, at:d he tllougl�i� th.e:;e ° double ]_>ungal.o�as �aculd 1o�:-�i the p.roperty values in tliis area. r7r. T�. J. Ln.g�lhaa°dt, 71?0 P.iver.view Terrace, said that he �4�as one of the dcvt_lopers of this l��_oper_ty, and at the tin:e the�� cam� to tlie Plaizning Cammissi_cr� they ��ere told that this had tc� bc�devcloped as an-R-1 projec�, and lle felt it shoul.d be leit that �ti�ay. IIe thouyhi� there shou]_d still be majority rule, and � all t]i� property o�•mers i�z tnis area �aanted it to st�y R-l. Chairivan Iiarris saa.d that any propei�ty o�aner has the righi� to p�ti.t:ion for rezoning or a spc�cial use permit, and i�hey have the riglit to be heard. Mr. Litzner asked what was going to happen uecause the pei�itonex' wasn't at tkiis meeting. W�re the neic�hUors supposed to spend 5 or G hours at evcr.y Planning Commission meeting uni�il he aUpcared, or could they makc a motion for approval or denial or� this request, or would thcy have to table it? Chairman Itarri.s said that if: the Plani�i.ng Conu��ission wisliea to do so, they could � � � � � fj � � � � � � 8� PP Planninq Commi�si_on Meeting - March 17, 18G5 __Pac�e 34 ac� on this request� at i.his meeting. Mr. Rosso�� said he had met a lot o� nicc new neighuors at tliis meeting, but he did want to mention that his con�.ractor had been at this meeting until 1:04 and then IZe had to leave. Iie said his conL-.iactor had just picked up t}lc building permii� for Mr. Rossow's l�ome last rrida� (i�Iarch 12th) and no one had told the contractor about this zequ�st to construct double bunc3alo;as next to his building sii:e, so the conLractor felt that he had been put ii�. an unfair position also. Mr. Engelhai-dt said thai� he didn't think that Henning Nelsan �houlc� be abl� �:o keep m��king requests on this prop�rty that �vas against l�o;a� the majority L-e]_i� in this neighbor_hoad. Mr. Iiarris saic� thai� if �.hi_s requcst � was denied, the petitioner would have to �:�aii� si� months befc�re he could mal:e any other request for tl�i� property. M��s. Gabe1 said she was disapnointed that the petitioner did not appear at this m�eting, because there �-aere a couple of questions sl�e �-�ould llave liked to have asked. She said tlzat she notic:�ci in. revie�;�,ir�c� -L-he minutes cn the rezoning request, that he ha-d leit ti�e ncir,i�.bors in i�h� lurch like this before. She said s11� cou7_ci see tl��eir point �ahen they come and szt at a meetir�.g ior siv rLo�ars, ai�d then thc� petitionc�r didn' i� slzo�a up. She �elt -�l�iis �-a�ls xather incozzside?"«te. T�Zr. Harris said t}zai� on page �4 alzd 85 of their aqenda, ther� ��;ere miru-ces of �he r�zoning xequest on �his same prop�rty fro�n I:�a_y 2?, 1��74, and it )_isted the reasoi�s ��ahy th� rezoning r�qu�st was de��ied. DZr. Scot.t said t.he proi�l�m he haa with this request ��ras � bzcaus� thc l�cti.t.ionex �aas not heie to devel.op his plun, bufi� h� did sc�e mul'cip3_c� dwellinqs as a. means of_ ii�t�etqrating lc�� fortuiiat� m^mbc��s o� ot�r :;oc�i.ety, ar.d felt �l_liat you could build � a double ]�un��al.o�� i.iz a neigllbor}�ood ��ithout destroying th� values of a ne�_qh�;orhood, a.s lo7ig as th�se w�re not concentrated ar�as e Iie 5ai.d he ielt Lhzt-. a pe��sc>n had the ric�ht to do what � the la�•; allo�•as him to do �nlith tia. ; o�an property, and he felt this Caas a valid re�quest. FIe sai.d thai� ��e �,�e�_c goi_ng to have to und�r_ s L-and that thc�r.e �aerc� peo�le in this coun�iy who couldn' t af�ord ihe livinc,� si�anc�ar.d� that most of us enjoy. Somewhere along , , the ]_ine, thesc� people have got to be �int.egi-ated in�o our society and he thouqht mulLiplc cl�•rellings ��v��zs a mcaris of doing this as long �J 1�111J ��as done an a limi.ted ]?asis. Iie said that because � there was no plan presen�ed at this meeting, lie cou]_dn'i� vote �or tha.s request, but he thought this was a valid request. � � Mr. Sangstcr said hc� appreciai�c�d Mr. Scott'S commcnts, but if 11e ue�n at t=1ze rezoni:ng hea.rings, h� would lZave heard Mr. Reinertson stai�c� i�lzat they liad so much moncy invesi.cd in these lots tliat tYiey could noi� afford to dev�lop them as R-.l properi�y, and so the �_casons for bui.lding multipl_e dwellings on these lo�s were noi: fon c��ll�ing to 'intergiate less fortunate people into our. society, Uut ior monetary reasons only. Mr. Scoi�t said he _ _ _ _ _ . _ PlanninR Cc�mmissiot� Meetin - March 17, 197E Pa e' � � � � � � � � . � . � dxdn't l;now �f. 1-�e could ap��r.ove of h�v�_ng tliree double bungalc. iac�ethe�-, but if the petitioncr hac� cc�rne to thc meeting, he migr. II � liave been in favnr of a double bunc�alo�a on the fi_r_st lot., i.� the � pei:i�i.oner had come in with a plan �Ltiat was acsth�tically pleasitig. � � i � ' � � [� n � � � � ' � I � ' Mrs. Spor_re said �hat on page 3 of the Planning Corrunission minutes of I�pril 17i�h, 1974, I�9r. R�inertson si�ated "..a complex o� 12 ta 1G ui�its ��ould be economically feasible to build, b�low this numbc�r o� units it would have to go to double bungalows and tlzis woulcl i�ot enhance the neighborllood". Mr:�. S�?orre sa�.d t)iat as the petitioner did not. appear at this meeting, we have his opirzi.on on doubl� burigalo��as fzom th.cse minut.es. Shc s<:�id tl�ey had listencd to a c3reat nurnber oL ��coplc from this nei.ghbor- hood and thei.r oUjer,tions to tliis prapos��J_. Mr_. Jerry F3osso�� was livin.� proof th��t �there w�s a marl:et �or t�l�ese R-1 lot�� for sinc�l.e family devclopm�n�, and if pec�lc. �aere willing to try as har.d as he did, th�t it �aas possible i�o purchase the�•e 1ots. 21r. Fberh�rc�t said he had approached. this compai,y about buyin� onc lot, and t-�as tolcl. that the�� vauldn' ��ell onc "lo�. Mrs. �er�cic:� sai_d �tl�cy have heard o.f tlzi::� prop�3_�ty o��7n�r` s iight; i�o pe�.i.tioz� fc�i ��.l�.a-te�.Ter he coul.d la.•�fu11_,v do ��,fith h�_s proper_ ��r. She �.�onc?eied �-�17at hcr zigl�t.s �-ac�re as a pr_operi:y owner YJr1Ci1 �>>17u�L j::�]� ��2"C��C'1"'CV G\�I11G.i� Tt�c�T� LG'C� i:0 Gt0 ��TC�S SC'Pli'.t�"1.1i1 �` j:i7c�f: slle did nc�� ?rZt ne._t c�oor to her, un�L�_� Je1.'r_�T iZosso;�a's house ��:��s Iii-��s?:�>d. Mr. ,.co-ci. sa:i_d her r_igli� �-,as to cc�rae i_o ti�:i.s meetix��c� �.i.� stac� her o,.�.ii�iorz o� -��i� rec1uest. i�c saad the puri��os,e oi l�.cic�_i:��r a l?ubl.ic I�caril�g ��,as so t�hat e��er,cne coul.d la� l:eurc�, as�d ait�r.. th�-c to ni�k� a recor��m�i�dation. La_�ed on the tc�t=a_r;;ony at �the hea�izzg. �� I�OT.IOR? b?� Petcrson, seconded b� Scot�, that: t1�e P1ar,n�ng Co�,�r,ziss?o?. close thc I�ublic He�:ririg on a reqt<esL for a Specia.Z Usc> Per.,�i_ii, SP 1,`7G--0�1, by Fienn.zng R'�Zsorz Constriicti.ol� Cor:p�.n��. Upon a voice vote, a).Z vot?_ng a�e, Cha.iri:�an ITarr.is decl��red the Public Flearing clos�d at 1:40 P.!•5. MOT1-ON Uy Peterson, seconn'ed by Cabe1, that the Plannzna Con�miss.ion- r�r_ornm.c.�d to Couucil deni�l of the reqiie,st for a: Spec.i�1 Use �'erm�.t, .SP r'}7G-04, by llcn��ing A�elson Construction Cvmpany, to permit- t-1�e col�_st_rcrct.iori a.f a dziplex arid/or a double bungalo�,� in an 12-1 D.i__si:r.ict (single .family dc•.�e1.Zing areas) per Fx.i.dley City Code, .S`-�cti%on 205.05 l, 3, D, t_o be locai�ed on Lots 13, 1�I, 15 �nd 16, ,B1ock 2, Iz.iverwood 1�9r�1ior Addition, yener.ally 1.ocaLed SouL1� of 7Z>t 6J�y N.�. a��d West of East River. Road N.E. for the fallosti�ii�y 1-easons: 1, This praposal was not comp�ttible with n�ighbarhood. 2. The absenee� of i:he petitioner from this 12earing. 3.'- Objection of adjacent property owner_s to proposaZ 9. Due to petitioner's own stat-ement in �he P.tanning � � Plannincj Commissian Mceting - Mai-eh 1_7, 1976 Pac�e 36 g�R i � Ninutes of.- April 17, 1974, Lhat double bungalows would ��ot en17a»ce this neigt�borhood. Upon a voi.ce vate, a11 vofing a�e, the motion car.ried unanimous.ty. � PUI3LZC III,TRING; REQIJPST FOR A SPECIIIL L1S� PERMI`1' SP #�76-03, � BY I�YNDI�LF.�`I'I;I;t•SIr]I�L COiil?i'�NY: To a11ow the location of a gzrc�en cencer_ in tYie Northeast corncr o� the parlcing lot of Iioliday Village North, per Fridley City Code, Section � 205.101, 3, N, locai_cd on Pari= of Lot 13, Auditor's Sub- divisi.on No. 155, tlle same being 250 57th 1lvenue I1.�. � � h,`OTIniJ bt) Peterson; seconded by Gabe1, that the Planning Commiss�.vr� op<�n i:hc Puhlir. Heariny on a request for a Special Use Perm.i.t, 5P ;;7G-03, by Lyndale 'ferminal Company. Upon a voice voLe, a11 vot?ng ��c, Cliairman Flarris opened the .PubZic Neariny �i: 1:43 r�.1�1. � hir. Uoardma;� said t.hat Br�d Steinman frorn i,ync?al� Terminal � Com�?ar:y and P,c,g��- :Toh»sori, ma�zac�re�- of 1Ioliday Vil]_age No.rth hac3 beeiz at this mcei.iri„ but tlley had to leave due to the lateness of the hola.r, bu�L �hey d:id ac,re� vezbally befor_e t).zey left, t�o � a11 th� stipulat�ir�r�s th�z-t_ �:h� administratior. thc�u.c�h�t shoula be ozz ti�i.� .r_e�ues-t. r�ir_ � Boa3°dre�u.n saie� th��t it ��as becau��e of the rezoninc� o� tizis prog�rty, that. tlze ac�miniatrarion £el.t that the � garden :.en.ter :,hou7_d b� ur�der a Specia]_ Usc Permi.� as wa.s r�qui��c� in tl�ie C;.ity C��cz�.�, even t.houql} t.his g�.?'der! ce�;f�er l�ias ueen in existcnce for m�_n�� years. � ri I r ' �i li � � � T�1a�. ?3eardman said that t=he ac?mini.sLrat�on ��ould like to see -the ioJ_loc�i�_3zg s tipul�:�tions on tlii.s �;peczal use permii.: l� That th.is Specs.�1 Use Per�na_t= k�c g�an-C_ed for thr_ee ycars a�. tlie pie�ent locacion for. a. qarden cc�ilter_ � at �4�hich time, a c��risi_on be rnade by Holi.day as fo tl�e per_i�laneni. locatioi� �•�ou.ld l�ave to be rn��dc, and tlz�� permanent 1_andscaping �nd a permal�.ent site irnpx�ovcA��ea�t for th:i_s c�arden c�ntez k�e done at that time. r1r. T3oardn�an said tre rQason �or i�his stipu]_ation was beczuse this garaen cent�r had }�ecn at this ]_ocation €or a number of years arzd it ��aould Ue ai� undue hard� hip to cancel out this op�ration at this location, but during a certain time frame�, because i£ Holiday �.ost this operation, thcy �aauld be losing }�c�tween $20, 000 to $60, 000, through aperai�ing time. H� �aid thc petitionei- has agrced that this w��s a reasonalile timc in which �to dcLermine ��hcre the permanent location slloulci 1��. Iic� said tllai� at t.he present location, all of tize st�uctures i�hat wcre pr.esently on the site woulcl be torn down, anc� therc �•:ould ue no oui:sidc st�orage on this sii�e, other than the garden center, as was presently bei.ng done. When the garden��eason w��s over, there will be nothing on thi� site. • Mr. Petersan said that this should solve som� of the problems they had heard from the �ieiglibors during tYle rezoni�ic� hearing. � � Pa e 37 Ylann�.n� Commi r sian M�eti.nc� - r�larch_ 1.7 , 197 6 g $ SS , r LJ � � Mr. Boal:clman sai.d the landscapi_ng that thc'-y aqreed to with the rezoilinc� should a].1 bc� done by i�hi.s fal.l. Trees will repl.acc �he low shruba wh�.ch tend�d to be a catch al.l for trash, so it shoulc� be much easier to ]ceep this parking lot cl�an. Mrs. Gabe1. as)ced about the general houscY.eeping of this site. S�ze saic3 sl�e has seen it wl�en it was really bad. Mr. I3aar_dman said he thought they were making a tremendous ef�ort ��1i.th thc�ir housekc�epinq. He said that Bradley 5teinman l7ad saic� at i_hc reroning l�earing t�iai� any nei.ghbor coulc� eall him di.rcct wii�h <zny coni�laints they h�d on -L-he lZOUSel.eepir�g o� this site, and. .li� tiiought the resuli�s wcre sho�ain:; r ai�d a�ter �he lanc3sca.��inq p:Lan was com�leted, it would be bc�ti.er. r5a°. Harri_s as};c d with the two spc�rial_ use ��,:�:cm:its in the � p,ry,inc; lot, i�F tl�ierc-� ��ou:l.d si�ill l,e enouc�h par}•,_�_nc� stalls to mcet the �'ac�e x�ec,:a i_z erner�. �.s . i��r_ . Boa.rdman sa:i_d i:liey �aould eome pr.etty closc to meeting the code requi.rc:i,ients, an.d it �•�ou)_d be � hard L-o deny this s�p^cia:L us� }?er�nit, becatzse the qarc�en center has been in ot�eration for r.lany y�ars . ' ' '' � I�Sr. Harr_i.t. as]ced T��ra 13oar_dman to chec}> and sce �?i'iai� requ�..ie- men�L-s had t:o }�e r�et to h�.ve a car�zival_ ope.ra��ion in a parking la� fo:c a rel�a �_1 esi�<:bl�_shr.�ert. Iie said th�y had this at Ho)_ia��- and in �h� I�o7_ly Ccntcrr at certain tim�s o� the yea.r. ri02'Z'f�l,' L�� .5coti:, �E�candc�cl bL� PeL�rsor�, t_ha� tl?e Pla��liir_y Com��issioz� close tl�� Pu7�1.ic Ileax�incJ or� the requect .fo.r a�pecial Use Pex�;;��i:, SP #'%G-J7,. ��1 Z,ynda.7e Term�_nUl, Com�;�in*�. Upon a vo?ce voLe, a11. vot.inc� �yc, Chairman Harr_is decl��.reci i.he Public H��ri2ig C1OSC>d at I.S:i A.l�i. A'ir. Scatt asked �or the sta�i z:ccoTnmc�nc�a�Li-an. ri7r. I'>oazdn;an sai..d 'cr�y rccommci�dc�� that the ga�_dc�n. centc_r � be al1.o��:c�ci at its pr��:�nL- location far three yc��r.s, ��aii�h a pe.riltane;�t sii�c l��a-r�ag decidec� at: that tir�7e, �aitli permancn� lazzdscaping and l�crraan�nt site it;lprovc��;cnt bc>>_ng do:�c� at tha� i�ime. i'ou � eot��_c� a_lso ac�d i�hc stipl�7.aLion that there Ue no OLl�side storaqe oi maiei�ial at tlii� locati.on e�cept c�.ur_ inc� tlic e�a.rdc�n center season, and t.hai: i�.11e p�.: escnt ioea�:i_or� bc� c1_eai�ec� up . Iie said t.liese sLipul�ttions had alrcad�r becn agreed to by the pet� i.�ioner, but � it woul.d lie bei�tcr to havc them si�atcd as sti.pulaLions. � � � Mr. Pei;.erson said Ize had a pe�°sonal bias on both sides on this rcquest. P10'1'ION 1�y P�t:�rson, secot�ded b?; Scott, that the PZ�Ill)lll�J Co�nmission send thcit rcyuest for a Special Usc Percnit, SP N76--03, 1�y Lync�ale Terminal Corn��ar�y, to alZoiti� the location oi� a garden cexlter .in tl�e NorL-heasL corner of tl�e par.kin�r Zot o£ Ilolid�2y Vill.age Nortli, per Fridley Cii;y Code, Sectinn 205.101, 3, N, ,Iocated on part of Lot 13,.Auditor's Subdivisioi7 No. 155, the same bcinq 250 57�h Avanue N.E. on to Counc3.1. withavt a rc�conimcnda- ti.on. . � , Plannin . Commission Mer_ting -� Mar.ch 17, 1976 Pa � 3f3 � - � ' MOTI�N by Scott� SGC012fICCI b� Gabe1, that the P1at�ning Commzssion was concerned with the frequenr.y of Iitter present in the parking lot a� Ilo.tida� Village North. , LJ � � I �u � DZr. Boardman said that one of the biggest problems on this parking 7_ot was th� problem of pa}?�r li�ter. He said he felt that Iioliday Vi]_lage had taken some steps to eliminate this problem. Upan a voice vote, on the amended motion, a11 voting a�e, the motion carried unan�:inously. Upon a voice vate on the mation, a.Zl voting aye, the motion carried unanimoiisl�.' ' $ TT PUP�L:�C i31 ��RII�IG : CONSIDLRZITION 01' A PPTLIPiIi�1ARY PL�;T, P. S. �# 7 6- 03 ,) yl T GH TTRI�:1Cr�, t�DDI`i'IO��J ,�i' LElC T; 1?�IVrS`I'I�il,i��t�'S , 7_\C . (ti,�T�E PROi�,.�;�j';ti' A� Pl:v�'05�?ll i:Or:S`.Cr.D APn.L'rl_O�v) �eir�q a�cplat af Lo-c 3S, ��•evised l�udi�.or's Subdi.�T.tsion I��.�. 77, (exccpting . par•cel 5G� 0) gen�?�a11y lacatcd on �Lhe t�1es� sic:e o� the in�cersectio�i of Osborne l�oad and East P.iver Road. , 1�10TION by Peterson, seconded Ly Scott, fhat i:1�e Planning , Comm? ss.i.Un coni:i��ue Lhe Publ.ic Hea.l�iny on a consideration oii a I�relim.inar� p.Zat, P.S. 1#76-C3, Le_�gh Terrace Adc3.3_t.ion, by Leic�h Ir�ves��ncnts, Inc. , (same property as propos�ci Do7�stad' Addition) , � beizla a rcpl�:�t o=F Lot 39, Itiev_L �ed I�ud.i to.r's St�bdivi ��.on PIo. 77, (excet>ting aarcel 5640) , c;eneral..t�� .Iaca.ted or, the [•Ic�st s.idc of the int_c�rseci�on or Osbor.7e ??oaci and East P.i_ver Roaci at t�:� pet�ttionFr's r�cfuest. Clpon_ a voice: vote, aZ.l votinc� aye, t'he , motian caz�ri_eu unanirnoi�sly. A.DJOI, �� I�r: �r. : MC�T.I0�1' h� Pcterson, seconded 1�y Gabe1, th�t the meetii7g be ad.journec?. Upon a voic�� vote, a-l� vot-ing a;e. Ch�ii.x;na2, Har�..is d�c.2arec? the P).annzi�y Comm�_ssion mecti��g o� A1��rc}� 17, 1976 adjour7�ed at ?.:15 A.11. Respecifull.y submit�ed, ,f � lC_�.��C'/c. �Cl:i.��i�� Dorothy Ev�ns n, Secrei:ary 0 '�i � � . I_ _ . � �, . �� MEMO T0: R.N. �obiech, Public ti�forks Director MEMO FROM: Tom Colbert, Assistant City En�ineer DATE: March 2, 1976 SUBJECT: Comments on Traffic Flow for East River Road and 53rd �Uay Per your request, contac� was made with Anoka County regarding the signing request before �he Planning Commission by Plywood Minnesota, Inco . __ . _.�1._r a uu � If a directi��a.I sign �aere app�°oued an Ea�t River Road, it should be placed at.the most southerly entrance to �he Indus�- ri.al Park (S1st Avenue)e T� could not contain the name of any � businesses and would mc,st �arobab�.y be a"Fron�a�e Road" directianal type sign sized according �o the specifications in the Manual on Uniform Traffic Control Devicese , The County:also stafied �lia� it would.be beneiicial to start directing traffic to �this cpmmon interseciion at the southern end. As this Industrial �ark cc�ntinues its development,�it is ' feasible and probable that future traffic demands will rec{uire the removal of �the 53rd Av�nu� in�erseGtion and. signala�zation of 51st Avenuee � � ' i '� 1. ��i 1 To place �he directianal sign at �.he in�exsectian af 53rd Avenue is not recammended by the Coun.ty. for the add�d reason that this intersection is already restr�.ctecl in �urning mavements during certain periods of the day. • TAC/jm � . ' . , . � , � _�-._- ----:.-- ------ , � ' � - � �� . , -- - --- -- - � i , - � , .' . � SP #76-02, Plywood Minnesota � �%� . � . ' �� f =��'�� -- �� -�� : � °� ��'''�' v'C,"T� �� ' �� {,� 1 t ' �� E� �c� ��l� 'l� c� �� ; � �� i Ba�I ��Ci k,� ��*� •a`t�, 3 b.'� s�. ; • �'.''� � . f � � a . .� a 0 1 . . .. . ' . � • � SP �i76-02 . � PLYWOOD MINNESOTA � G . 1 _� • � - •� . , . , . . j . i � � � .� . . . � . �; � _�, r! � a, . �� 3' ,, t-� . : _ ' � ;' � �,p - - . ��.A f�' , . . � . . ' . . . . � � ��" , . � . � .i . , ; . � � ' . 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' � ry � � � FRIDLEY POLICE CIVIL SERVIC� CO,��v�ISSION ' Special �Ieeting 'Tueadey, M�rch 16 ' 1�Ieeting was called to order �t 7:55 p.m. idembera preaent - Sullivan, Schall, Treuenfels ' Tim Drei�er, observer t4otion by Schell to approve minute3 of annuc�l meeting in Februaryy � Second by Sullivan - minutes approved as written. Je�n Schell noted that P•Sr. Hill procured copies of three � seta of civil service r��ulations for each member of the Commission, � rather than giving each me�,ber a differenb set to study. Business of Special meeting - to �ct on a resignaticn and ' request Por leave of abaence.by Yatrolman Richard Huss. Reason for resi�nation - Fatrolman Huss has accepted a ' � � � � � ' poaition in a iar�ily bu.aincss in Arizona. ;�ie would like a year�s leave of �bsence to see if it will �tork out. I�:otion b� Treuenf'eIs to ;rant the leave - Scholl and SuZlivan vote no - motion fails. Tho secret��r3� ia instructed to write r� letter conveying our decision to Patrolmc�n Husa. Arecomu�endf�tion wa� made by Jean Schell that we apell out in the Civil Service Regulations the aonditions under which lec�ve of abaence tiaill be granted. The next maetin� of tha Police Civil Service Commission will be .� hold on April 6�t 8 p.m. to diacuss roviaion oi the Civil Service Re�ulations. Meeting adjourned at 8:25 p.m. Respectfl.illy subm�t�ed Helen Treuenfels, Sec'y � �REGULAR COUNCIL MEETING OF JA�dUARY 20, 1975 PAGE 7 City has no plan to pipe the drainage in this area. He said if this is don it 4rould have to be done by cormiitment or by the developer of the p� He sai ere is no commitment on the part of the Gity. 0 NtOTION by Couneyl�voman Kukowski to close the Public Hearing. Starwalt. Upon e'°vAice vote, all voting aye, itayor Nee dec unanimously and the p`u lic hearing closed at 9:52 P.�•i. ��EW BUSINESS: RECEIUItdG THE MIf�UTES OF THE CFIART�CO�'a�tISSION t4EETItdG UF DE _._... . ._..... ,- ....� 2.5 �) � . I 10 } cfnded by Councilman the motion carried 30, 1974: i�lOTION by Councilman Star��ra.lt to>r2 eive the.,minutes of the Charter Commission hieeting of December 30, 1974.��"Seconded by Coun4ilman Breider, Upon a voice vote, �� all voting aye, i•tayor P�e,e:declared the ma�tion ca'rryed unanimously. .,� RECEIVIFlG THE t•1IP�UTE 0 THE CH,4RTER COf111ISSI0N t•iEETIP�G `OF�JAI�UARY 14, 1975: �..,. i10TI0N by,,.Councilman Starwalt to receive the minutes of the Cha��r Commission meetf,pg`of J,: �uary 14, 1975. Seconded by Councit��:o��an Kukot�rski. Upt,.�, a voice ��, all voting aye, Mayor Nee declared the motion carried unanirrousl�� COtvSIDERATION QF APPROV(;L OF F'INAL FLAT P. S. �74-�6, ZANDER`S FIP,ST ADDITI BY The Public 4Jorks Uirector said the Fubl�ic Hearing on this plat had been held the previous ►�ieek and there had b�en no objections io the plat. He �urther explained that the P1anning Cor�nission had recommend2d approval of the plat F•rith four stipulations. Mr. Sobiech read and explained the stipulations to the Council. ' Councilrr.an Startvalt said this had been �+iscussed and he had no objections to the plat, MOTION by Councilman Starti�lalt to approve the final pTa� P.S. �74-06, Zander's First Addition, by Dai)ey Hornes, Tnc., 7ocated south•of 61st Avenue bet��een Cenjamin Street and t4cKinley Street, t�rith the four stipu�ations recommended by the Planning Commission. Seconded by Councilvroman Ku4:ov�ski. Upor a voice vote, all voting aye, hiayor Nee declared the motion carried unanimouslye IDEP,ATIOi1 OF ISSUAICE OF LIQUOR LICENSE TO h'iAX SALITERh1AN FOR THE .� i�layor Nee asked if ti�e applicant or hTS counsei had read the ordinance con, n�ng the criteria for liquor establishments that had been adopted on first re��ing by the Council that evening. �tr. Wyman Smith, F,ttorney for the King's CI�u"i�et or I-tr. Max Saliterman, addressed the Council and said he had read the ordi�°ance. fiayor ' . Hee continued to explain this consideration io be whekher or not.�he Council ►�rould be tvilling to issue a liquor license upon satisfaction of the.�i#arious requirements. f•layor Nee questioned if there were any comments from the uncil concerning this , , consideration. ''<:t,_ � . ' � �� Councilman Star��alt asked if atl4"of the prelimina plans had been submitted to the I City on this proposal. The Public blorks Director said the only plans that had been submitted so far is the one that the Council>#iad seen and this was the plan for the . dining area, kitchen and bar of the prop�s�d liquor establishment. I � f,4' Councilman Starwalt asked if the fac�"fity is equiped with a sprinkling system at the present tir,�e. the Public Works �ector said no, it,is not. I.' Councilman Starwalt asked ,. Wyman Smith if he understood,all that had taken place an the proposed ordinan changes. Mr. Smith said yes. He�said he had attended the study session the pr�ous �aeek and mentioned the possible changes to h1r. Saliterman and he concurs +vi them. �•Ir. Smith stated Mr. Saliterman had given him the green light. � �, The City orney advised the Council that it would be appropriate for thetCouncil to adopt csolution stating that if the applicant meets all of the requirements of the � Cit n the issuance of the liquor license and all of the building codes. healt sanitation codes and other regulations of the license, the license will be � • _ _ _ _, . .,, . ._ ,i .,._ _ ;: ._ _ . : ;.,.' __ I � 244 . � � � . � ! � � � , PUBLIC HEARING htEE7ING OF JANUARY 13, 1975 P�G� 5 lo a i�OTION by Councilman Starwalt to receive the documents from the Public Safety Uirector, hir. James Hill, concerning the liquor license application of Mr. Itichard Povlitzke and the Frontier Club, Inc. dated January 13, 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, I•iayor Nee declared the motion carried unanimously. h10TI0N by Councilman areider to close the Public Hearing. Seconded by Council�:roman Kukowski. Gp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Nearing closed at 8:47 P.hi. � _--� w.�. ��,..� PUF3LIC �IEARING OP! FIP;AL PLAT, P. S. �74-06. �7AtlDER'S FIRST ADDITIOi1, �Y DAILEY HO'1ES, 1NC., LOC{ITED SOUTH OF 61ST AVEIdUE QETi•tEEi� BEfIJ'A��iI�J STP.EET AfvD_hiCY.IfdLEY STREET: a The Pubiic Satety Director painted out a plan of the proposed plat on 4-A of the agenda book. ��r, Sobiech read the stipulations �vithin the minutes of the Planning Commission from the agenda book and briefly explained the reasons behind the stip- � ulations concerning the easements. . � � � � � � � j � � Mayor Nee qeustioned if the City would be respon�ible for daroage if the storro drainage pian does not t�rork in this case. The City Attorney answered this arould only be true in two cases, one, if the planning.of the system was not adequate, or second7y, if there �•�as negligence in laying out the system, or the maintenance of it. iie said in a naturai situation rrhere there v�ould be a great dea] of water and increased runoff, the City v�ould not be held responsible. �tayor Nee asked if the drainage plan 4tould be less than adequate? The City f-tanager said no, he felt the plan ��tas fine and is comparabie to ti�rhat is required by other developers in other parts of the City. He felt this consideration �•�as raised because of the concern of the man on the north�:est side of the property. The Ctiy hianager said the plan for the area ��ras suitable and had just as much potentia} as ather properties in the area. , P1r. Dennis Schneider asked if the drainage to the north �aould eventually end up in Narris Lake. i•layor ftee answered, he thought either vray, it ��ou7d end up there. i•4r. Schneider asked if the Harris Lake area ��aas platted lJ1�I1 the addition of this type of drainage into the area anticipated. ihe Public 4Jorks Director said the� area was planned with this in mind. Councilman Breider questioned if the property to the east of this development had underground utiiities. The City P1anager said the area was plat�ed before the City adopted the policycf underground utilities. Councilman Breider questioned if this v�ould be a hardship for these people when the adjacent properties vrere not required to do tf�is. The City Pianager said the people in driardale have underground utilities. ite said the applicant agreed with the stipulations. hi07I0N by Councilman Star�aalt to close the Public Hearing. Secanded by Council�•roman Kukowski. Upon a voice vote, all voting aye, i�layor tdee declared the motion carried unaninously and the Public Nearing closed at 8:59 P.P1. ,...�. PU[3lIC HEARIWG ON FII;AI. PLl�7, P. S. n74-08, HER!�IAL RICE CREEK TERRACE, BY GEQRGE L. 41ALQUIST, LOCATED Ihl THE (r'OR7N41EST QUADRA�d� OF RTCE CREEK ROAD F1PlD CEf�7RAL AVENUE: The Public t�lorks Director pointed out the area to be west of Central and north of Rice Greek Road. He said the preliminary plat indicates five hi-1 lots each �•�ith the minimum size of three-quarters of an acrc, and cvith the minimum frontage of 100 feet. Fie said the preliminary plat as presented can meet the mininum size require- ment. He 3nformed the Council that the minutes of the Planning Conmisison meeting of September 4, 1974 indicaied recommendation of the approval of the plat ��ith several stipu7ations. Ftr. Sobiech read the stipulations to the Council and audience and explained the location, size and need for the easements. He explained the drainaye of the area to be handied by open ditches and swales and exp�ained the placement of those recorranended. f•iayor Nee asked if the property in back of this is currently zoned R-2 and 'the Public 4lorks Director said yes. The area is double bungalows. . Councilman Star��alt said he had no questions concerning the proposed plat at the present time. lie hoped the development has a firm understanding of the water tevels in the area. �le mentioned the conditions of the area are less than desirable, but with the proper engineering and if the stipulations are followed, this could be , an asset to the City of Fridley. : . � • � ' Plann�ng CommSssion Meeting - November 20, 1974_ Page 4 lo � � abjection to this lot split, Uut he did,question this policy. Iie said he thought the people who had homeson the a0 foot lots mi.ght war,t to know that there was going to be another home built betwe�ii � Mr. P�terson's housc and theirs. He thought maybe the proceaure shottic? be revicvaed, as it seemcd we notified the neighbors on things � of much less consequence. � � � � ' � � � � J L_�� ' � Mr. Clar}c said this prop�rty was platted prior to 1.954 and at tha� time i�l7e minimum lot size requirement was 50 feet. The second garage was built before �ae had an ordinance saying the secand accessory build�.nq nceded a special use per_mit, also. Mr. Peter_son asked if he could leave his garage in the easemc�nt. Mz . Clar_ k sazd he could unless this garage �aas damagecl over 50 � 1-�`z% fire or wind, etc. Mr. Peterson sai_d he ��ras agreeak�le to this. I� he had to re�iuild tlie garaqe for sorne reason, he wauld move it oi�f ihe easement. 1�10TIDn' by Harris, ser.onded by 131:�ir, that the Planning Comm�.ssion recommend to Council approval of the request for a 1ot split, L.S. �f74�]_G, by Gordori R. Petersoi�, to split off the Norther]_� 25 feet of Lot "l5 and add it tc Lot 26, and sp.Zit off the Nort1?erly 25 feet of any existirlg Lot 6 arld add it to Loi 5, Block 16, Plymovth Addition, to make a G5 foot building site, tllat is split a31 the way back to t11e fi�eec��ay fencc, the same being 4565 3rd Street N. E. , with the stipiilation that aefore t11is goes to the C.ity Council,, a new survcr�' be made of Lots 22 tl�rough 2G, and any property Ieft ot�t Lots 5 tl�rough 9, B1ock 16, Pl�mouth ��dditiori, sl�owing t11e existing condi�ion� on tliese J.o�s, and t1�e dedicati.on of a 12 foot drainaae anu uL-il.ity easem�nt, the eaisting garage bein9 allowed to encr.oacl� on this easen�ent. Upon a voicc voi�e, all voting aye, the motion carried unanimously. � 2. CUI�TINiTED: PUB �7C' FITITZ:�AG: CO:�SIDFRATION OF A PP.OPO�ED PRL?- -``"- � '' � 1ST T�nDI�I'�0:� BY D��ILEX LII�1�LNl�R`i P1�11`l' , . P . S . � I �? - 0 b , ` L�INDPI. �� . _� _ HOD7L� , INC �: �`"�= c��a.t...�af.. Lo�L^3 , Audi.tor' s Sub�+ivi_s ien No . 9 2. , G�cept the Nortr� 169 feet of the West 164 feet thereof, located 5outh of 6]_s� Avez�ue N.L. bei.ween B�njamin Streei. arid P7c I;in.ley Str_eet N.E. Public I�.c.a.rinq opcn . Mr. Iioward Nysi�rom was present to represent th� petitioz�er. Chairman Fi�zpz�xick saic� th� Planning Commission continued this r.cquest with four si�j.pulations. 'rhey are (1) Request that the peti_tioner. l�iave a].1 the surveyors oi this pronerty co�ne up with a solu�ion to the survcy discrep�zncy, (2) That t}ze drainacYe problcr,is be worked out to tlle saL-isfaction of everyone concernc�d, (3) Rcc3u�st a leqal opinion �rom the City i�ttorney, that if the two surveys are not in agrec�meizt, would t}ie: Ci.i�y in approving the final plat, mal:e that survey binding, and/or can f:ina7. ap�roval be given to a pl��t if there rcmains a survey discrepancy, and (1) Petitionrr to p�-ovide• a cross section o� how he ��roposes to terrace the Sauth propc�rl:y linc. Mr. Cl�ir.k said the fir.st stipul�tion had been resolved. Mr. _' r � L_J � _� � �I u � 10 C P].anning Commi�sion Meeting - November 20, 1974 Page 5 Dailey's surveyor and Mr. Korin's surveyor rechecked the survey wi�1� electronic equi.pment, and Mr. ICorin's survey is the one they will use on the plat: They �aill accept Nlr. Korin's irons on the South property line. Mr. Korin said he was satisfied with the survey. Mr. Clark said that on the second stipulation, there has becn a regradi_ng of the plat, and only 1/2 acre of the plat wi11 drain i:o i3enjamin Street or drain out the easement to 61st Avenue. This is a plan appz-oved by our Engincering Department. In order for AZr. Kori_n to g�t water in hi� basement, �ae would llave to get 2.3 znches of rail�. with no percalation into the ground and no outfall, or a 23 ir�ch sno�a melt, with the storm sewet and the drainage easement pluqqed ai� the sam� time. Mr. Korin. said he �aould still have water sitting in his back yard. P�Ir. Clark slid th��t many yards in Fridley have �-aater sitting in t�hem under certain conditions. He said that probably the only way M�-. Korin would b� satis�i.ed ti7as if Lot 1 on the pl�t wasn' t built on, and the big pothole be left to"drain the water. The orily other alterna�.ive PZr. Korin �•rould }Zave, would be to regrade his yard �o drain it to the north. P�Ir. ICorir� sa� d thai� if the Enqin�ering Department said tl�at ��ith tk�is plan he �aouldri' t get water in his base;n�nt, then he would hata� to i�ake their. �aord for it, and acc�pt this di:ainagc� plan. �e saica 1�►e stili �aould only �aant a 1'-2 foot etzt on his propert�% Lor tlze drainagc� easemenl= to 61st Ilvenue. tie said this should just be a relief val.ve azzd not a complete drainage system. r,i . C1ark said that on th� thir.d stipulatioii, the City Attorne�� said that a plat coulc�n' t b� approvcd �,?hez e there was a survev dis-= cr_e�ancy. Mr. Clark said t.hat on the revised plat dated November 11, 1974, � the �outh pro��erty line of t��e plat shows a thr_ee to one slape �aith a re�Laining �aa]_l. I�Ir. ITarr�s aslccd what material. would be used in this retaining wa11. Mr. Nystrom said it would bc railroad ties. , Chairman ritzpatricic said all four si�ipulat�ans havc'been Y�esol.v'ed. � Mr. Korin said he would be watching th� storm sewer to see if it fx'oze up. rir. Harris asked the pei:ition it ti�hen he dedicat�ed the easem�nt for the storm sewer, i� lzc could decd the storm sewer itself � to the Cii.y. Mr. CI.ark said the City liad steam equipment to open i_Yle catch basin if it froze. �• � � Mr. B1air said he thougt�t i:here should be som� agreement to l�ave i:he City maintain i:his catch Uasin. r1r. IIarri� said ii' the storm sewc�r was dedicai�ed t.o the Ci�y, the Cii.y wouldn't have thc problem of maintaining Yrivate prop�,rty. Mr. Nystroin said they would de that. � � . . � ' � � 1 � fj � � � 1 � � � � i � l0 D Planning Commission Meetine� - November. 20, 197� Page G Mr. I-Iarr_is said the Plats & Subdivisions-Streei�s & Utilitie� Subcommittee had made some stipulations for this plat, which sh�uJ.d'_ be checkcd to see if they have been met also. They were; (1) Sur_vey pr.oblems must be resolved, (2i,Provide an easement �or the storm se�.Ter as shocan on the plat, (3) Provide an easement alc�ng the rear lot lines £or other utiliti.es, (4) Solve the drainage problems with A7r. Korir., (5) Provide onc tree per lot, ?_ inclles in diamei:er, (6) Redu.ce the str_eet dedication for 61_st �ivenue frorn 25 �eet to 20 feet, so Lot 6��ill have the required 80 foo'�. �ront footage, (7) Provide undc�r- gr.ouild utilities. A1r. T�ar��i.s said that all th�se stipula-L-ions had been met or were shown on the Nov�mber.. 11, 1974 preliminary plat, except for stipulations 2, 5 and 7. 140TIO7J Ly Blair. , seconn'ed by Harris, L-hat t�hc� P�anninq Commision close the Public tiearing on .hc cor.�ideration cf a prelimina.t'� p1.�.t, P.S. �{74-06, Zander's Ist Additiol�, by DaiZey liomes, Inc. Upon a voice vote, aZI vot.iny �ye, thc motion carz•iscl unanimously. MOTION BY Drigans, secanded bi? B].air, thai� the Pl��nninq Commis�i.on recommend to Cvunc�il approva.l of thc� pre�iminary plat, P..S. #74-06, 7.ander`s 1st Addit.icn, by Dailey Hor11GS, Inc., dated November 31, 1974, beinc� a rep.Zat of Lot 3, Auditvr's Subdivis_ion No. 92, except the A'or_ th 169 feet of the 6dest 164 feeL tl�ereof, located South of 61 st Avenize bct-ween Benjam.in StreeL anci Mc ICinley Strcei N.E., c✓�th the fo11ot1�ing st�.pulat:zons: 1. Provid� an easemcnL- foz� the stor_rn sewer and dedicate the storm se�aer to thc C.i.ty, r.ecoinmending Y_11at the City mainiain the same. ' 2, Provide one tr_ee per ]ot, 2 inches in diameter. 3. Prov.ide undcrground utili.ties. 4. A swale be provided between Lots 1 and 2. T�ir. I:orin said he would aaai�t tlle st:orm. sewer put in before thLy fi11 x.n tl�e la�?le on Lot 1. Mr. Nystronl said th�y would do ttiat. L'PDIJ A I�OTCE VO4'E, a11 vvi:i�lg aye, the �t�oLion carried unanimously. 3. PUI3LIC II1,.�1I:ING : COTISTDEPJITION OP r PRl?.L7t�'IIr�11RY PI,J1T, P. S. #7�--07, R1;I�L L:>`i'?�`1'r 10 ;�DDI�i'TO�1, rY 1'P.11\CIS J. GTP.I?1,L•;F:: � r�,��lat of Lot 5, e�ccpt. thai� pari� +�hercoi_- lyi_tig T�dest of the iJorthea ;t- erly righi. of �a��y of the outer drive of State Tru»l: IIiqhway ;Tb5, and cxcep4 i�hat p�r.t thercoi lying East of a line drawn fr.om a point: in the No.rtl� line o� said Lot 5, dist��nt �505.9G feet Wesi: fr.c�m thc No.rth�ast corner. thereof to a point in the Sol�th ].ine oi s�.ic� Lot 5, distant 1393.62 fect �dest from the Soutlzaast eorner thcreof, T�udii�or's Subdivision No. 25, gencrally loc;�li-.cci on �Lhc P�ort�h�ast yuadrant of Interstate 694 and Iiighway #65 N.�., the same being 951 S-iillwind Road N.�. . . .. . . � «.�...��.r� r,.. .. .� � t""`;.C�:,�..i�...`_ l.. � . I. �.�+---�-..�.,,...r.,. f .» .� ..«...-... ' .. r'�,.�........ .�... ,��w.... ' I' ` ��! � f ' / � •', y�Ft ��A�� (� , ' � /iri j t � �f ' .,ig �� .� � ("- .r . + �O L .w / � � �� !; l i./,!';^r � 4. L' F 1�� /� Iw �! f. ` � ' �A C.� ,.,1 . �;, ti � � � 1.,�1 . .�_�/ '� � ? 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'--- - -- � .. .,.•, . •,� t� �� ; � ;~�! � �� ; ` �: ; .. ;` '�.��. .:,. ,,� �, � ,r,! ; ; . ..� , _�. � ��-. , ;',:. .�: i ......,,� � ' � � FINAL INSPECTION CERTTFICATION ZANDER'S lst ADDTTION Storm Sewer � We the unders�gned, have inspected the above referenced item and ' verify that the work required by the stipulations of final plat approval ' are substantially complete and are in conformity with the City specifica- tions for the related work required and all deficiencies have been corrected by �he coniractore So, therefore, we recommend to you that the City approve the final plat '' and the one year maintenance bond for the storm sewer facilities tocated I' within this plat start from ��e day of the finai inspection, that being I Apri1 5th, 1976. � Thomas A. Colbert Assistant �ity Engineer Arthur J. ilseth S�w�r Mainten �e Foreman ---. . �..�-----~---- - . � �-�- �� .�-------- Noward Thorson Contractor Representative r� �; . �'� t:- � ; ; , M F 4 � .�� /G_ ��,`t�i l'L''...� f"�y , l; � _' � � ' I N F-� , � � � . � :I J � � s-..ri • '�' . �, a� o �� °' ° � �� ` � � a� r, � a � - o a� o �' . � � � . °� �� uw �+o ' F-+ r-. � •� a •� � �� 'Ci �' U � 'Lf � 4 t� i-� ~ Q) O � �'� � � C.� � V � � w cai � •s�°, o � �xS� � � u� a �u� uo a+ � z � °' (� . � � °' °' �,= � r cn •--r � p'.�., � t�, � � '- � � •� �..� � � � �� j .r.{ � �+} �...v wa n � H S � � � � � �� o � .� . � o .� � ' z� �� +� �� vv° � ° t� �,,� �?� � { o � � a a� o , �, ,� g . � �� , .—t r � c�i � �� o� � , sz` � E I 0 w �, o . o �. -- ' � � s. o �1� J !n •� � � •�+ �r� ' Q's � U A � +� -J i% Q .9 � � u (� � �.� � a � '�.� 9 � o - — - .._. � -- 9 � �i' v� 0 0 � l�� Y� �� A A � �� • � � � � � � � , ' ' � ' � � � � � RESOLUTION N0. A RESOLUTION APPR�TING TI� APPLICATZON FOR A DISEASID SHADE TR�E RF�IAL SUBSIDY PROGRAM FOR PRIVATE PROPER'PY WHERE'.AS, the Minnesota Departanent of Agriculture provides matchi.ng grant-i.n-aid to assist residEnt.ial property owners in the r�noval and disposal of diseased trees pursuant to Minnesota Statutes, Section 18.023, Subd.ivision 3a and, W'I-�RE�S, the City of Fridley has initiated a program of subsidies to its citiz�r.s, NOW, TI�REFORE BE IT RESOLUED, that the City of Fridley shall make application to the Minnesota Departrnent of Agriculture for grant-in-aid and shall conduct a grant-in- aid program for residential property owners i.n cc�npliance with the provisions of Minn�sota Statute�, Section 18.023, ADOPTED BY � CITY COUNCIL QF THE CITY QF FRIDLEY THIS 5th of April, 1976. ATI'EST r CITY CZERK - NfARVIN C. BRUNS�,T, NIAYOR - WILLIAM J . NE� 11 4- � RESOLUTION NO. A RESOLUTION AUI'�IORIZING TI:IE QiANGING OI' Tf� 1976 BUDGE'I' APPROPRIATIdNS WITHIN TFiE C�ENP�AL FUND (RESIDII�I'I'TAL PRQPE� TREE REMJVAL SUBSIDY) WI-lEREAS, the City Cc�uncil has agreed to consider certain expenditures beyond the amounts allocated in the 1976 Budget. WI�REAS, approval is hereby given for expenditure of $15,Q00 for the Residential Property Tree R�noval Subsidy. NCXn1, THEREF'ORE, BE IT RESOLUED, by the City Council of the City of Fridley meeting at a regular meeting on April 5, 1976� that the budget of the following departrnent shall be increased as follows: Naturalist Dept. $15,000 BE IT FUR`I'HER RESOLVED, that the budget of the following degaxtmEnt I�e decreasecl as follows: Eanergency Reserve $15,000 PASSED .AND APPRJVED BY TI-� CITY COi7NCIL OF THE CITY OF FRIDLEY THTS 5th DAY OF A�ril, 1976. MAYOR - ��1ILLIAM J. NEE ATPEST : CITY CLERK - MI�RVIN C. BRUSI�IFT,T, 11 A �' ��i MINNESOTA DEPARTMEI�IT OI' AGRICULTURE DIVISION GF PLANT INI)USTRY � � 670 STATE OFFICE BUILDIPIG Sr. PAUL, MINNES�OTA 55Z55 �. GRANri'-IN-AID APPLIC�.TION RESIDENTIAL PROPERTY TREE• RII�IOVAL 52JBSIDY '11B * * * FOR STATE USE ONLY * � * ; ' I,te Received Contract # t ' A plication # Requisition r� � '�te of Award Date of Encumbrance �) Political Subdivision Applying: 1975 1976 . City af F�idley� Anoka County, P•Zinnesota ^a $ i5 �000 � �) Amount budgeted for appiicant's subsidy progral-n: _.,_ ` Note: 'I'his includes s�,zbsidy expenses, not total control expenses. � 'State's grant-in-aid share . . . . . . . . . . . -�-i5��---- � $ 30 � 000 __ � Total . . . . . . . . . . . . . . . . . . . . . _ t � �3) What is the City's formula for determining the subsidy amount to homeowrters. (Explain your subsidy program). Attach additional sheet if necessary. � •The �City oi Fridley wil_1 prov.i.de rem�ova7. and disposal _service for all. trees . -- - -- --- 1 on private property fbr whicr. removal is prESCribed because of infection withy or potential infest��ion of9 b�,r the agents or carriers of Dutch F2m arad Oak Wilt Di.seases. Pro�erty owners, or their cotatractors, may leave tr�� materi.als '. cut to specif3_catiors �n boul�vards and, upon being informec�� tYie City wi1Z dispatch a crew to re:r.ove the materials and. dispose of tnem aecording to law. Hecords of rem��al casts (time for :��n a�a �'�z�ik'mE��) �'ri�-�- �� k�p� for each parcel r- and one hali thc�se costs vrill. b� submiti;ed �for the state mat�i��n� �ul�sicly� - 4) Estimate number of Elm and Gak trees eligible for homeowner s�i y: 1�2t7pp_Elms9 51t,8ao-Oaks (Only about 9oa are ��p�eted �o become �iseased in 1976) 5) (a} prcgr�'n Manager - Person to whom inquiries about the application should be � directed. ' � (b) � ' (c) Name: Dan Huff Address: �,idley Civic Center 61t31 University AvB. N.E. Title: Naturalist/Resource Coordinat�or �x�dley� r�� 55432 (,, Parks and Recreation Directar) Bus i ne s�'��`i�i�� : Fiscal Agent - Person to whom check should be sent. Name; Marvin Brunsell Address: Tit1e: Finance Director�:�sst. City Manager Payee's Title: Same as above ' Business Phone: 571-3450 Person authorized to execute contract. N�e: Dan E. Huff � Address: Title; (See (a) abo�v�e ) � Business Phone: 'I '(6) Please enclose a resolution to come into the�program. Same as above Form AG:� 3 6 in/ a� , ' . . . . . . . ' � . MINNEgOTA DEPARZMEI�Fr OF AGRICULTURE .. . _: .:.. .... . � DIVISION OF PLANT INDUSZ'�'Y � -� 670 STATE OFFICE BUILDING �� ],]. C ST. PAUZ,, M� NNESnTA 5 515 5 �.: .. . , QUESi'IONNAIRE: SHADE TREE DISEASE CONTRpL PROGRAM 1975 [Oftice use only: (M.S. 18.022) (M.S. 18.023) ] � . �Iunicipality F'Q;,�%�, County _ �,�� ir. Population: Code # . . T' „' ' -- I��cr/City Manager �;,,t ,//Zn ��, ,� under 500 1 Write ,'I'elephone / S 3` S Zi Code � " 1, 000 2 Code #� � G. _� _ 2 L'_.� _ Q p �i.£�1.� -3 •• 2, 000 3 Person in Charge of Program ��'�' . , " 3, 000 4 ° 5, 000 �5 �itle Office Phone�,, � � .� ,� � / .� � �i ,{" p �r ' ° 1.b, OOU 6 Area of Municipality/County (sq. miles) �� -'� 25,000 7 ' sease Control Area (sc�� m�.1��) �jj , aver 25, 000 8 ��0?1�1ATION provided in thi s�ox� i s fii17. the f• ch end o F ( eck one) f. June ._.. . 2�. - Jul�r im.id sc�son) �,� -. --,:3� Augu�t � 9� 5eptennlber (end of se$sorr) 't�f � r1AN HO[TRS (TOTAL) 1975 (man l�ous� = onE= m�n �r�r�l�in� c:rie hour) .. (a} TreE Inver�tory � . � . . : .: , _ : ib) 17iseased Tree Survey � - . � . (a} Sani�atior� (-� trenchiru�) ,� . : ( d} Chemi c�� Cc�ntrol i� (Vapam, �3enpm�yl� other) , . � � (e) �tl�ex (me�tfru�s, remova7. �5'ZJ , - notiees� ete. ) NVErF.CORY (if any items be�oc:i are � P�LI� PRIVATE . estimates writE "'�st'�) �� , Oak � Elm � Oak �a) Original Inventc�r� . (Trees ixt control are� on1.y) ,�3 r}� �st �o�n �rf � y? � Esf S�% �40 �./. (b) Trees ou�side con��ol area -- — --=- - -- �c) Diseased tree� (total 1975) �C§' �S ,5"$.�"" ` �%S— � (d) Dis.eased trees �nar�Ed. •�O�f 3 S' ,S"g`�' _ � �-� e) Diseased t�rees xemoved _ � S"� �. o-� 7s_ .__._._. f) Diseased oaks girdled 30 �g) # of trees planted (fiotal) " — (attach list of tree species and numbers) � �� CONI't2�L • � Elm Oak Elm . _ Oak . �. Diseased tree ranoval ' . _ -. � . . . (a) # oP remaval notices issued 'p'9 ,3S'' �.:5�' � b) # reanoved within the 20 day period � 'S � �n �c} # rocessed within the 72 hr eriod � P . P .�,. _�, � �_-� �d) # of stumps debarked, treated or removed -- —� O S � . ........_._ ...�...... _....� . Diseased firewood Elm Oak Elm Oak � a) # af reiuoval notices issued -- `" �'" � �b) -#� complied within the 72 hr. period —'" o _�_ . . ., .�,___--_ - II ` - .�_ . , , Performed by whom Code . . • _ �_.. ., municipal crew . . . . . . .�1' y � ��.�ty�CO�ri . 11 D � ""� •appoin�ed contractor .�. . . 2 � private contractor . . . . . 3 . . homeowner . . . . . . . . . 4 . _ . �. I}i s sal . . . . � . . ' - � � . # of trees; (aj burned whom �% where _ bY .�� ..► � . �� . �� : a _,�„�_ '�� , . (write code #,� from key) . . , • , (b) burf.ed � by whom / 2 / where �i,,,., /l,, �„ ,,,.� ,('; ��► ' �� ) chi.pped � by r�ahom.. .�- r'.�.�. wY�er� R,......... _ `.�� .,.: (d) sawed intf� � by w�-coi�. ..'3-�� where �� i�.� ;,`�;.«.,�� ° products , .. � ' � ei deb�r�ed � b� v�k�c�n, � wherQ ��i� r �.._,�.z�...,<. . .: D. Root Graft Control - � •�. , # of trees: ia) �r�nchea. �D� b�r �aho:r� ��1� . (b} V��med �l 5' bry- zvl-i��xt� 1 .,� . • . . _ . �. Che•ai.cal Control � - # of trees: � �. . . . ' ta) treafie� wii;kY Be�-�c�l. �11� b�T �a*k��m � . .. .. . (Ben].ate} �� (b) trested wit'h oth�r �` l� wl°ic�n�. � specify �chemica�.s ' ch�nz,cais (c) applied �s: 1. injectiar� system /J� by whnm - . 1 2. soi1. drer�c�� ;y vahc�ai; � , - .. _ .��. 3. spray �c � Vrhom �1UNICIP.�.L/COUNTY EXPENDTTi7RE . 197 5 $UDGET - 197 6 "' ' �. � � (a} Personnel (including $� 7� (� $�� . � . , fringe bene�its) � � . . . . . _ . � b ) Equi �en� $ � S � $ � � . (cJ Chemicals $ r�.0� � $ ,-�O �� . : - . ' �d) Contracts $ �i' .�U� $ �U �'� . . . ?� - (e) Tree removal subsidy �v�� $��OUO. �.C.6�r`�. �. �.. ' ( f ) Total_ � . $ 9 � " r-,'"_G . $�; p � � . . � .�...�.,,.. �`�' STATE G�Af3'�S_IN-ATD (�e� (a} or (b) anci complefie appropriate blanks) � a) Private tree Owner Subsidy � (b) Wood Utilization or �'�;��ih �9. (C� Ik�te of Application .�,,� _�,'(� �sposal S�stem a,� ��;,\- � . 1d) A^,�ount of grant applied for � � in 1975 $ D�t � $ - . . ��o) l�nount of grant� xeceived � : , ' . . • . � in 1975 • V $ <� �� $ � ( P) A�nourtt of grant appli ed ' � for in 1976 $ E��? $ ' '. �. �e white , � . • copy is due by December l, 1975. Mail promptly to the address an Page 1. . , ' ' RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS-REMOVAL OF TREES AND STUMPS ON PRIVAT� AND PUBLIC PROPERTY DURING THE I976 SEASON BE IT RESOLV�D by the Council of the City of Fridley, as follows: , 1. That it is in the interest of the City to award bid contrac�s for the following service and materials: � , ' ' � ' ' , , � �J 1. ' � REn40VAL OF TREES AND STUI�4PS ON PF�IVATE AND PUBLIG PROPERTY DURING TH� 1976 SEASON, � 2. A copy of the specifications.�or the above described servi.ce �.nd materi als ; togetl�er with a proposal for the method of purchase and the payment thereof have been presented to the CounciZ by the City Manager and the same are hereby approved and adopted as the plans and specifi- cations, and the method of acc,�uisition and payment to be required by the City with respect to the acquisition of said service and materials. 3. The purchase of said service and materials as described above shall be af�'ected by sealed bids to be received . and opened by the City of Ia'ridlEy on the 27th day of April , 1976 . The City nlanager is directed and authorized to advertise for the purchase of said service and materials by sealed bid proposals under notice as provided by 1a�u and the Charter of the City of I'ridley, the notice to be suY�stantially in forin as that sho��n bs� E�hibit "A" atta.ched hereto and made a part hereof b,y ref�rence. Said natice shall be pub- lished at least twice in the of�icial newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , . ATTEST: CITY CLERK - fiiARVIN BRUNSELL MAYOR - WILLIAM J. NEE J.� L� �J � �_J �� ' , � ' ' 12 A EXHIBIT A CITY OF FRIDLEY ADVERTISEhiENT FOR BIDS TRE� REMOVAL The City Council of the City of Fridley wi11 open sealed bids at the City o�fices 6431 University Ave. N.E., Fridley, h4innesota, 55432, at 2:00 P.hi. on Tuesday the 27th day of April, 1976, at which time they will be publicly opened and read aloud for the removal of trees and stumps on private and public property, in the City of Fridley for�the period of May l, 1976 through April 30,1977. Bids shall be directed to the City ll�anager's Officer securely sealed and endorsed on the outside �a�rapper "Removal of trees and stumps on private and public propertv" and date and time of open- ing of bids. All bids shall be accompanied by a cash deposit, cashier's check, bid bond or certifi.ed check made payable to the order of the City of Fridley �or not less than $1,000.00. The City Council reserves the right to retain the deposits of the three lowest bidders for a�eriod not to exceed thirty (30) days after the closing of the bids. No bid may be withdrawn for a period not i�o exceed thirty (30) aays after and time set for the opening of the bids. Payment for work shall be by check. Copies of the specifications and contract documents will be ,. furnished by thc Purchasing Departmei�t on request to any prospective bidder. ' The City Council reserves the rigtlt to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests ' of the City. Upon agreemeni� by both pari;ies, the removal contract may be renewed at the same rates. ' Publish: April 14, 1976 April 21, 1976 � , � ' Fridley Sun Newspaper Nasim nureshi City A7anager i ' . � LJ 0 ' � � ' ' ' � � ' ' , ' ' ' � J I ' � T0: FR OM : CITY OF FRIDLEY M E M 0 R A N D U M Nl1SIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL MARVIN C. BRUNSELL, ASST. CI:TY MGR./FIN. DIR. SUBJECT: BID ON PHOTO COPY EQUIPMENT DATE: APRIL 2, 1976 Attached, please iind, the bid for high speed copying equipment. In a memo dated March 8, 1976, I presented a detailed cost analysis comparing the present cost structure with the cost structure based on the purchase of equipment., In that memo, the projected seven year savi_ngs to the City, if the City owned the equipment rather than rented it, was $34,964. The per year savings was estimated at $4,994, and the per month savings estimated at $416. This was based on the present volume of copying. The City prepared specifications, and advertised for copying equipment. Xerox was the only bidder meeting the specifications. The price they bid was actually somewhat less than the original estimate. The bid submi.tted for the equipment is $2,773 less than originally estimated. The service contract is estimated to be $4,670 less over the seven year period than originally projected. The origznal estimate tor the service contract was based on volume of copying higher than the present volume. The maintenance cost would increase if the volume increased, of course. The total estimated savings to the City over the seven year period, based on the present volume of capying, is $42,407. I recommend to the City Council that the Council accept the low bid of $28,559.44 for the copyzng equipment. MCB:sh Att achment 13 � � � � ' o ' . M � H � I � �U � .� W . cfl a � °�n' �, ' rn H a u' '� � a �N . � �, � M � A � �A � � w � aa °' . o z � �' �. ' �. a . �, - H o � +� �U � � � H W . � � W � _ .� � a � r..�..-�. � � � � �.� "' �, I � A o�� o � ti �� :� � U � � : 0 x : � A � x a � � � � � x . � x ' H x �+ avi�a . o a �.��.� Gv v� �ai��°o '' � 'A �� .� o�o � .� +� •� +� o C� %� +� � � ' � ai O cd O .—I UZ�C/1� i-� A � ' W • � � � � z�n o+�z aa � �� Z6 �t�� l� W Q% oo i�, � J'o73 �CcVr , . � 0 9 13A APPOINTMENT FOR COUNCIL CONSIDERATION - APRIL 5, 1976 EFFECTIVE NAME DATE POSITION SALARY Gail R. Skaaden March 29, 1976 Clerk/Typist $567/Mo. 6130 Rainbow Drive NE Public Works Fridley, MN 55432 Department REPLACES Arlene Smith 14 LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR MEETING OP' APRIL 5, 1976 BI.1�C}:TOPPING APPROVED BY Asphalt Driveway Company 1211 East Highway #36 • Darrel Clark St. Paul, Mn. 55109 By: K. G. Smith Com. Dev. Adm. C & S BZacktopping 8832 West Broadway Minneapolis, Mn. 55445 EXCAVATING Berghors� Plumbing & Heating 10732 Hanson Boulevard N.W. Coon Ftapids, Mn. 55433 Carl Bolander & Sons Company 2933 Pleasant Avenue Minneapolis, Mn. 55408 Bzighton Excavating 1920 Highway #96 New Brighton, b1n. 55112 Houser Corporation 55 - 77th Way N.E. Fridley, Mn. 55432 Kadlec Excavating, Inc. 724 Main Street N.W. Anoka, Mn. 55303 United Water & Sewer Co. 5200 Eden Circle Edina, Mn. 55436 GAS SERVICES By: Michael A. Stanton By: Kenneth Berghorst $y: Roger E. Erickson By: George Inaykiewicz By: Edgar W. Houser By: Donald Kadlec By: Wallace Owczarzak Air Comfort Inc. 3300 Gorham Avenue Minneapolis, Mn. 55426 By: Donal G. Ruden Atkins Plumbing & Heating Inc. 2531 Marsha].1 Street N.E. Minneapolis, Mn. 5541$ By: Howard J. Atkins Backdahl & Olson Plumbing & Heating Company, Inc. 3157 Chicago Avenue Minneapolis, Mn. 55407 By: Clarence R. Olson Berghorst Plumbing & Heating 10732 Hanson Boulevard Coon Rapids, Dln. 55433 By: Kenneth Berghorst Metropolitan Mechanical Contractors, Inc. �340 Washington Avenue South . Eden Prairie, Mn. 55343 By: Jerry St.Martin I 'II 6 . I Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. �� RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL William Sandin Pl.bg.tx Htg. Insp.RENE6VAL William Sandin Plbg. & Htg. Insp.RENEWAL William Sandin Plbg.& Htg. Insp.RENEWAL William Sandin P1.bg.& Htg. Insp.RENEWAL William Sandin Plbg. & Htg. Insp.REN�WAL � Licenses Continued , Gronstroms Heating & Air Cond. Inc. 4410 �xcelsior Boulevard Minneapolis, Mn. 55416 By: Lowell C. Anderson ' Louis DeGidio Oil & Gas Burner Sales & Service Inc. 6501 Cedar Avenue South Richfield, Mn. 55423 By: Louis DeGidio � Domestic M�chanical Contractors 9110 Grand Avenue South �� Bloomington, Mn. 55420 By: Hartley F. Bruder , Egan & Sons Company 7100 Medicine Lake Road � Minneapolis, Mn. 55427 ' By: Roy Straiton Gas Supply, Inc. 2238 Edgewood Avenue South Minneapol.is, Mn. 55426 By: S. R. Navickas � LP-Gas Equipment, Inc. 539 North Cleveland Avenue St. Paul, Mn. 55114 By: William D. Huestis � Lakeland North Plumbing & Heating Box 413, Pine Village. Cambridge, Mn. 55008 By: James O. Nelsan � � � � �I Royalton Heating Co. 4120 - 85th Avenue North Brook].yn Park, I�z. 55443 By : William R. Stewart Geo. Sedgwick Heating & Air Cond. Co. 1001 Xenia Avenue South Minneapolis, Mn. 55416 By: Stanley Snyder Standard Heating & Air Cond. Co. 410 West Lake Street Minneapolis, Mn. 55408 By: Tony Ferrara Suburban Air Conditioning Co. 8419 Center Drive Spring Lake Park, Mn. 55432 By: K. W. Chinander Superior Contrac�ors, Inc. ' 6121 - 42nd Avenue North Minneapolis, Mn. 55422 By: Donald Hoglund Texgas Corporation 1430 Old Hwy. #8 New Brighton, Mn. 55112 Fred Vagt & Company 3260 Gorham.Avenue South St. Louis Park, Mn. 55426 By: Chuck Miller By: John V. Borry � . 15a William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEvJAL William Sandin P1bg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL WiZliam Sandin Plbg. & Htg, Insp. RENEWAL William Sandin . Plbg. & Htg. Insp. RENEWAL Licenses Continued GENERAL CONTRACTOR Rodney Billman, Inc. 151 Silver Lake Road New Brighton, Mn. 55112 By: John Bogucki Capp Homes Div. of Evans Products � 3355 Hiawatha Avenue Minneapolis, Mn. 55406 By: Harold Gramstad W. H. Cates Construction Co. 3220 Xenium Lane Minneapolis, Mn. 55441 By: Wallace H. Cates Childs Construction Co., Inc., 3202 North Rice Street Vadnais Heights, Mn. 55110 By: George t4. Child Commercial Erec�ors, Inc. 814 South 9th Street Minneapolis, Mn. 55404 By: Mike E. O'Bannon Custom Pools, Inc. 701 East Excelsior Avenue Hopkins, Mn. 55343 By: Chuck Walles Erco, Incorporated 3231 Central Pvenue N.E. Minneapolis, Mn. 55418 By: Oliver Erickson Erickson Brothers 4567 West 80th Str�et Minneapolis, Mn. 55437 By: Jim Carlson Gorco Construction Co. 3384 Brownlow Avenue St. Louis Park, Mn. 55426 By: Sheldon Coplin Harris Erection, Co. 6210 Riverview Terrace N.E. Fridley, Mn. 55432 By: Harold Iiarris Leif Henriksen Builder 6434 Riverview Terrace N.E. Fridley, Mn. 55432 By: Leif Henriksen Lifetime Associates, Inc. 409 Washington Avenue South Hopkins, Mn. 55343 By: Thomas L. Kasprzak Lund-Martin Company 3023 Randolph Street N.E. Minneapolis, Mn. 55418 By: William M. Dunkley LP-Gas Equipment, Inc. 539 North Cleveland Avenue St. Paul, Mn. 55114 By: William D. Huestis 15 B Darrel Clark Com. Dev. Adm. RENEWAL parrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Cor.l . Dev . Adm . RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL � LicenSes Continued �� ' Robert Laugen Fiomes Inc. 6866 Fast Fish Lake Road Maple Grove, rfn. 55369 By: Robert O. Lauqen Metro Metals, Inc. 4345 Lyndale Avenue North Minneapolis, Mn. 55412 By: Lawrence J. Fischer Miles Garages, A Division of Insilco 4500 Lyndale Avenue North Minneapolis, Mn. 55412 By: John Pope Richard Miller Homes 1600 Rice Creek Road Fridley, Mn. 55432 • By: Melvin J. Ford Mochinski General Contractors, Inc. 7362 University Avenue N.E. Fri�ley, Mn. 5543 2 By : Ric.hard E. MocYzi.nsk.i Nedegaard Construction 111-45th Avenue N.E. Fridley, Mn. 55421 By: Bruce Nedegaard North Metro Construction, Inc. 5203 Central Avenue Ys.E. Fridley, Mn. 55421 By: Dennis L. Barker Olson Concrete Compariy 5010 Hillsboro Avenue North Minneapolis, Mn. 55428 By: Edward W. Anderson ' Pine Tree Builders, Inc. 8535 Central Avenue N.E. ' � ' � Minneapolis, Mn. 55434 By: Edwin A. Dropps Jr. S. J. Construction, Inc. 6305 East River Road N.E. Fridley, Mn. 55432 By: John R. Doyle VoCo Construction 6242 Zealand Avenue North Minneapolis, Mn. 55428 By: Lawrence Vossen Western Construction Company 6950 Wayzata Boulevard Minneapolis, N1n. 55426 By: Milton Chazin Wi�nan & Slechta Ind. Bldrs. Inc. 4921 F Street Omaha, Nebraska 68117 By: ��Im. Wieman Fred S. Yesnes, Inc. 4071 Lakeland North Minneapolis�, Mn. 55422 By: Erwin S. Yesnes DarxeL Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adn RENEWAT Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com . Dev . Adm . RENEtaAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Licenses Continued HEATING Air Comfort Inc. 3300 Gorham Avenue Minneapolis, Mn. 55426 By: Dc�nal G. Ruden Allan Heating & Air Cond. Inc. 5200 Eden Circle Edina, Mn. 55436 By: William Viebahn Atkins Plumbing & Heating Inc. 2531 Marshall Street N.E. Minneapolis, Mn. 55418 By: Howard J. Atkins Backdahl & Olson Plumbing & Htg. Co., Inc. 3157 Chicago Avenue Minneapolis, Mn. 55407 By: Clarence R. Olson Berghorst Plumb�ng & Heating 10732 Hanson BouZevard Coon Rapicis, Mn. 55433 By: Kenneth Berghorst A. Binder & Son, Inc. 120 East Butler Avenue ' 69est St. Paul, Mn. 55118 By: Richard A. Binder C. 0. Carlson Air Conditioning Co. 709 i3radford Avenue North Minneapolis, Mn. 55411 By: John C. Jenkins Central Air Cond. & Htg. Co. Div. of 64inston Enterprises, Inc. 1971 Seneca Road St. Paul, Mn. 55122 By: E. David Rosenberg Cronstroms Heating & Air Cond. Inc. 4410 Excelsior Boulevard Minneapolis, Mn. 55416 By: L. C. Anderson Dalco Roofing & Sheet b4�tal Inc. 3836 Minnehaha Avenue South Minneapolis, Mn. 55406 By: David J. Dal.bec Sr. Domestic Mechanical Contr_actors 9110 Grand Avenue South Bloomington, Niri. 55420 By: Hartley Bruder Egan f Sons Co. 7100 Medicine Lake Road Minneapolis, Mn. 55427 By: F7. J. Egan Hoglund Mechanical Contractors Iric. 7420 West Lake Street Minneapolis, D1n. 55426 By: James Parson Home Air Trane, Inc. 610 - 13th Avenue South Hopkins, Mn. By: Floyd M. Z'hompson 15 D William Sandin PSbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL V�tilliam Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin' Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEL+IAL William Sandin Plbg. & Htg. Insp. RENEWAL 47illiam Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL W'lliam Sandin P�bg. & Htg. Insp. RENEWAL � Licenses Continued ' Lakeland North Plumbing & Heating Box 413, Pine Village Cambridge, Mn. 55008 By: James O. Nelson � Metropqlitan Mechanical Contractors, Inc. 7340 Washington Iivenue South Eden Prairie, Mn. 55343 By: Ken Gilbert 1 Northwestern Service, Inc. 2296 Territorial Road , St. Paul, Mn. 55114 By: Cecil Lenz Richmond & Sons 5182 West Broadway I' Crystal, Mn. 55429 By: Sigurd Follese Jr. Royalton Heating Company � 412.Q - 85th Avenue North _ Brookl n Park rin. 55443 B: William R. Steward � Y , Y Stan�3ard H�a.ting b: Air CGnd. Co. ' ' 4].0 West Lake Street Minneapolis, DZn. 55��08 By: Tony Ferr�ra � Suburban Air Conditioning Co. 8419 Center Drive � Spring Lake Park, Mn. 55432 By: K. W. Chinander Superior Contractoz•s, Inc. 612Z - 42nd Avenue North Minneapolis, r�r�. 55422 By: Donald Hoglund Fred Vogt & Compan.y � 3260 Gorham Avenue So�atlz St. Louis Park, Mn. 55426 By: John V. Borry �ay N. Welter Heating Co. � 4637 Chicago Avenue Minneapolis, Mn. 55407 By: Ray N. Welter Jr. , Yale, Inc. 3012 Clinton Avenue 5outh Minneapolis, Mn. 55408 By: John H. Deblon , MASONRY Carroll Buzzell Brick & Cement 1 22001 Lake George Boulevard N.W. Anoka, Mn. 55303 By: Carroll F. Buzzell 1 D. W. Harstad Co., Tnc. 71Q1 Highway #65 N.E. Fridley, Mn. 55432 By: Alton R. Johnson , , �5 E Wi].liam Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin P1bg. & Htg. Insp. RENEWAL William Sandin Flbg. & Htg. Insp. RENEWAL Wil.liam Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEW��L William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htg. Insp. RENEL4AL William Sandin Plbg. & Htg. Insp. RENEWAL William Sandin Plbg. & Htq. Insp. RENEtaAL William Sand'zn Plbg. & Htg. Insp. RENEWAL Darrel�.Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Licenses Continued Jesco, Inc. 1101 West 78� Street Minneapolis, Mn. 55420 By: Art Goetzke L. T. Ernst Inc. 1661 - 127th Avenue N.W. Anoka, Mn. 55303 By: Lloyd T. Ernst Norsk Concrete Construction, Inc. 4650 Johnson Street N.E. Minneapolis, Mn. 55421 By: James B. Jackson Leo O. Sanders Concrete Contracting Co. 7813 Jackson Street N.E. Spring Lake Park, Mn. 55432 By: Leo O. Sanders Stone Masonry & Concrete Contractor, Inc. 8535 Central Avenue N.E. Minneapo�i�, M.r:. 55434_ By: Jerry Stone - MOVING/WRECKING Carl Bolander & Sons Co. 2933 Pleasant Avenue Minneapolis, Mn. 55408 By: Rogez E. Erickson OIL SERVICES Air Comfort Inc. 3300 Gorham Averue Minneapolis., Mn. 55426 By: Donal G. Ruden Berghorst Plumbing & Heating 10732 Hanson Boulevard Coon Rapids, Mn. 55433 By: Kenneth Berghorst Cronstroms Heating & Air Cond. Inc. 4410 F�celsior Boulevard Minneapolis, Mn. 55416 By: L. C. Anderson PLASTERING Joe Nelson Stucco Company, Inc. 1150 - 98th Lane N.�9. Coon Rapids, Mn. 55433 By: Marvin J. Nelson Peterson & Hede Company 314 - 17th Avenue North Hopkins, Mn. 55343 By: Arnold M. Hede 2immerman Stucco & Plaster Inc. 18116 Ridgeti�ood Road Wayzata, Mn. 55391 By: Ervin N. Zimmerman 15 F Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENFWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm• 12ENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel C1ark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Licenses Continued ROOFING Ettel & Franz Company 842 Vandalia Street St. Paul, Mn. 55114 Potvin Sales Company 7341 Commerce Lane N.E. Fridley, Mn. 55432 By: Herman Her.tzer By: Felix A. Potvin 15 G Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL - ' TELEPHONE: 571-2900 , ' ' LJ , ' ' � ' , � , DONALD C. SAVELKOUL ATTORNEY AT LAW FRIDLEY STATE BAN�K BUILDING FRIDLEY, MINNESOTA 55432 City Council City of Fridley �1�31 liniversity �ve . 1� . L . rriciley, i��iinnesota »�.32 ite � Dear Counc�.l ��iem'�ers: I;arch 26 , 197� � ridley �Zecr�ation � J�i V10E: Company Intoxicatinf=, I.,ir,�.or Li: ense ' 17 � Pui suaz�t to i•'°�r. :�Tarviil C. 3runsvlls lette_ to me in tne above matter, �l�is is to a��ti�ise t�iat the a.ppl-icant on A�_�T��rch 21�, 19%0, pr�sented to the citz,T a�lan for the rer,�oc�elin�; of the applicant's restaurant. `�'he a�plicant l�iad previouslV ��zbrnitted remodelin�; information to the :?noka Cour�ty Hea?�th � epart:ne:�t. � `i'he �nnlicant �lans to fo�lo�,v ti�e usu�l :�roced.u�re� recuirecz t,o secure t�ie req�a�sted. into�ic�.�ir��; liquo.r lic�;ns�. � z t ��z �rL � at the cit�T's incl.ud.in�; t'�e therev�itn. c;e ac?c.ed t'_nat aJ_ready th� a�nlicarit hus i.ir�-,:ertGk:,:: I"E.'QU2S't", :Ul�ti`'>vU'l.�.i,l.u� U":i�l"c1�:Z_i?� OI �_ui2�'SCc�p1I2:�� ct11C'� inst«11 a�tion oi a sprinl;ler s�rs�em in cannection The a�plicant �•.ii.l contir�ue to coa;�;erate to �he rn�x�imu.n nossi- bI� extc�zt ��itf� t?�e city's dcsi-res, zr�ustin�; tha�t it �•,rill be reco�;- nized that the citJ �;i11 ;�;ive u�ue considerai,ior: �o the pro��lem� �.�'aced by a small �usi.ne:�s ancl. the tim� �eri��d ��i:�ich may be requirecl te satisi'y a1._t object�.�vcs. ;� �uilciing 1�ex�r;:i.t 1�pplicatiori is here�rith subr�itted. , „ Very t;ruly yours, `'�': � ;:� `✓ , t ; � ��,,�..�.� � � � � , �,� �- D�n::�ld C. Savel?:oul Attorney at Lava ' ;)�� aa,n � �;T1C . , , ' ��;�,� � �� . l�:�Y�:�� a�e $2� �'�� "� � ' { �' � �µ"'F�Ho1�ddY �-� - = � F A YT- �i� �µY'�"��uT� ��.,��3�,. $`!:� .ae, ��:;� � -'� A t:fi.��tif '�i � �� C'".�"'_ ----.""�-,��^ � April 1, 1976 ' � � � i , �, ' �1 City Manager City of Fridley GENERAL OFFICES: CENTRAL GREDIT OFFICE: A567 WEST 78TH STREET 5501 WEST OLD SHAKOPEE ROAD MINNEAPOLIS. MINNESOTA 55431 MINNEAPOLIS. MINNESOTA 55437 PHONE 920-7020 ' PHONE 944-1000 flOLIDAY STORE GARI3EN CENTER: Holiday Village r.orth was rezoned in 1976, therefore requiring a special use perrr.it for aur Garden Store operation this spring. We have �aorked through the �ridley Plar=ning Cocnmission for the permit, but ��ere �e��'red to the Fridley City Couneil.. We ackna�al�d�e that th� Cir.y Council has not had time to act on our per�nit before tlle Council m�eting April 5, therefore, we are in a pasition b�cau�e of an early �pri�� af not being able to open Eox bu�iness until April 5, 1976. Hocaever., this puts us intn a�osition of a loss of sales that co�ald exceedl thou�a�ds of dollars over tk�e April lst weekend. I am askirag permi�sion ta op�:a without u:ae permit and will agre� at Apri1 5, Gocsncil n:e�ri.a�g to a�.y reasonabl� requests th� Gi�y Cour,c�l may have ccaz�r��tiit�g c�ur case pexmit. It is v�xy imperitiv� fc�r 6ur Garc's�� Ce�ster ta �njoy a�uccessful seas�n. We m�ast not los� our early se�sam busi�ess. Ynurs Truly, Roger 3ahnson G � �� cc :.Terry Boardmen �