02/02/1976 - 00014894„
;�s -
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY C6UNCiL OF FEBRUARY 2, 1976
The Regular Meeting of the Fridley City Counr.il of February 2, 1476 was called
to order at 7:30 P M. by Mayor Nee.
PLEDGE OF ALLEGIANCE: Mayor Nee we7comed those present and invited them to ,7oin
the Council in saying the P7edge of Alleg7ance to the Flag
ROLL CALL•
� MEMBERS PRES�NT
MEf+1BERS ABSENT•
APPROVAL OF MINUTES.
Councilman Fitzpatrick, P�ayor Nee, Councilman Hamernik,
Councilwoman Kukowski and Councilman Starwalt.
None
REGULAR PIEETING, JANUARY 19, 197G
MOTION by Councilrnan Starwalt to approve the M�nutes of January 19, 1976 as
submitted Seconded by Councilwoman Kukowski Up�n a voice vote, all voting
aye, Mayor Nee declared the motion carried unan�mously.
ADOPTION OF AGENDA:
The Public Works Directar requested a discussion pertaining to roof siqns for
the Shorewood Shopping Cen�er to be added to the agenda
MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by
Councilv:oman Kukowski. Upon a voice vote, all votrno aye, Mayor Nee declared
the motion carried unanimously.
OPEN FORUi�i:
� P4r. Ed Dunn of the Fridley's 49'ers Bicentennial Comm�ttee, invtted the staff and
Council to a meeting Saturday, February 7, 1976 at 9:00 A M. at the Fr�dley Jr.
High School. He presented tickets to the Council al�ng w�th brochures relating
to the Town Meeting. He said they have a very good day planned an�i have ordered
food for about 30D people. There has been a lot of participat�or fram all the
various bodies of the City.
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Mayor Nee thanked Mr Dunn in behalf of the Counc�l and said they will all try
to at�end, and that they were all very enthusiustic about wha± *hey v�ere doing
P1r. �im Langenfeld presented Yionorary certif�cates to the Council and the City
Attorney, Virgil Herrick, and Dr. Dan Huff, for their donaticns to the Islands
of Peace for their sale of a square foot nf lancl, and tnanked everyone for their
p�rticipation. Mr. Ed Wilniis also thanked the Council and said that a lot of
effr,rt has been put into this pro�ect by a lot oF people.
Ms. Pat Erennan of the League of Womer Voter's ,�resented tt�e Counctl with a
Resolution -"Proclamation of Susan A. Anthony Day”. She requested the Council
consider this Proclamation of Susan A. Anthony Day �s FeCruary 15, 19?6. This
day is the 156th arniversary of the birth of Susan F,. Anti�ony, the famoussuffragette
it a�so marks tlze 56th anm versary of their oroam zat�or, s�ie expl�ined. Ms.
Brennan ther read the Resolution proclaiminG February 15, 1976 as Susan 6. Anthony
Day
P10TION by Councilman Starwait to accept and adopt the Resolution. Seronded by
Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared
the motion carried unan7m�usly.
NEW BUSINESS
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 21, 1976:
CONSI�ERFlTION OF THE APPEALS COP1MISSION P�IPJUTES OF JA�dUARY Z1, 1976
D CO., INC., 1�51 CAMELOT LANE N F.
MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission
and the Board of Appeals minutes of January 21, 1976. Seconded by Councilwoman
Kukowski. Upon a voice vote, a]1 vct m g aye, "layor P!ee dec�ared the notion
carried unanimously.
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REGULAR COUNCIL MEETING OF FEBRUARY 2, 1976
PAGE 2
The Public Works Director explained that this request by the Rottlund Company
is for a variance for a side yard reduction from five feet to four feet, to
allow the construction to continue on a house and garage at 1651 Camelot Lane,
N. E. ue f�!rther stated that it should be noted that the construction at th�s
point has stopped with the placement of the foundation in the garage. He said
that the garage is the only portion involved in this request for a variance.
Thts request came about when the vertfication survey took place, as shown on
page 1F in the agenda. The garage was constructed too close to the side yard.
The Public Works �irector said that Mr. Roy Lund, representing the Rottlund '
Company is present to answer any questions we may have.
Mayor Nee asked who owne�! the land to the east. Was it the developer.
Mr. Lund explained that Tom Brickner is the owner. Mayor Nee asked if he
was aware of the petition and Mr. Lund sa�d that he was
Councilman Starwalt commented that he was out to look at the property and
noted that they had to pull a lot of ground out. He said that he could not see
the foundat�on, and that it looked as tho��anh it had been filled over. He said
he also noticed there was a heavy matting, to prevent freezing, presumably on
the foundation.
Mr. Lund explained that the verification survey is made after the basement is
backfilled, that is the only way they can get an accurate taping. He further
explained that they took out approximately 6z feet of dirt and filled it back and
compacted it. He said a lot of excess dirt was left and there were a lot of
dirt piles and the property line to the east was not really clear. This is
the reason the mistake was made.
Mayor Nee asked �f the footings were going to be satisfactory in that area, and
Mr. Lund replied that they �a�ould
Mayor Nee asked if there were any further comments. He said the Board of Appeals
recommends to grant the variance.
MOTION by Councilman Starwalt to grant the variance to reduce the side yard ,
ad,7oining an attached garage from the required five feet to four feet. Seconded
by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee de-
clared the motion carried unanimously.
2. LEROY HALUPTZOK: ZONING OR�INAi;CE AMENDMEf;T ZOR #75-07, 124!1 73� Ave.
MOTION by Counctlman Starwalt to hold a Public Hearing Meeting on this item March
�, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unantmously:
Mayor Nee asked the Public Works Director if he was prepared to explain this
request. The Public Works �7rector said basically, this ts the westerly portion
of Lot 18, Block 2, Central View P1anor Addition from Central Avenue at 73z. It
is the property directly across the street from Central Auto Parts. This was an
extsttng residential structure. The intent of the petitioner is to take this
re=idential dwellinq and use it for disbursin9 or sell m g antique and classic
auto parts. This property as zoned C-1S, and in order to operate what they
classify as a �unk yard, it has to be rezoned to M-1. They are requesting a
Special Use Permit for this. The recommendation of the Planning Commission �s
to approve the rezoning with the stipulation that the parcel of property, Lot 17,
directly west, be included in this rezoninq. At the present time, the entire
portion is zoned M-1 and without the stipulation requiring Lot 17 to be rezoned,
there would be a small commercial lot in there which would not be developed. We ,
are trying to encourage a total rezoning of this area. This parcel extends from
73'z to 73rd, and does have existing single family residents on it.
Mayor Nee asked how deep th�s property is, and the Public Works Director said
it is approximately 271 feet by 195 feet.
Mayor Nee asked if it was determined as a,7unk yard because the parts are on the
ground outside, and if they were inside, under roof, would it still be considered
a �unk yard. He further commented that Crown Auto is not zoned M-l. The Pub�ic
Works Directer explained that some parts would be stored indoors, but they have
other parts, such as fenders,doors and other large parts, that would be stored
outdoors.
Mayor Nee said that his feeling on this is that we would have another acre of
a,7unk yard if the parts wF-re kept inside they would not need a Special Use
REGULAR COUNCIL MEETING OF FEBRl1ARY 2, 1976 PAGE 3
Permit and would not have to be rezoned. The Council ouoht to see it as
adding acreage of �unk yards rather than being begui�led D�a classic or antique
parts. The Public Works Director said that is the way they are looking at it
also.
3. LEROY HALUPTZOK• SPECIAL USE PERMIT SP �75-29, 1240 73z AVE N.E
This item tabled uritil the rezoning matter is resolved
� 4. REE� BECKLER: SPECIr;L USE PERMIT SP #75-30, 250 57TH AVE._N.E.
The Public Works Director described this as a request for a Special Use Permit
by Mr. Reed Beckler to allow mobile home sales at the Holiday Village North.
The Planning Commission did recommend approval of the Special Use Permit, with
a number of stipulations as noted on page lU of the agenda, as follows•
l. This Special L'se Permit (Holiday Village North) instead of
the petitioner. (The Public Works Director explained that in
this case, the petitioner is the proposed lessee and the Plann-
ing Commission indicated that in order to tie down the responsible
party, it would be better to issue the Special Use Permit to the
property owner, which is Holiday village North).
2. No expansion beyond the 10 mobile home units plus the office
3. This office be hooked up the City sewer and water.
4. No other outside lease operations be allowed wh�ch require a
Special Use Permit on this property. (The intent here was to
eliminate the possibility that other lessees through Holiday
Village would come in requesting addit�onal outside display at
the shopping center site.)
� 5. All facilities stipulated must be installed in a permanent fashion.
(This is to try to work out, that in the event a Special Use Permit
was approved, a permanent outdoor type of activity be provided if
the mobile home sales were to terminate, then it would be a designated
area and landscaped, especially for this type of activity.)
6. Permanent landscaping and aesthetic plans be developed with City
Admimstration.
7. This Special Use Perm�t be sub,7ect to annual review. (As noted
in the motion on page 1B, they deleted this stipulat�on that the
Special Use Permit be subject to annual review )
The Pu61ic Works Director stated that generally, it would be south of the
southwest corner of the existing property, between the building structure and
Interstate I.694. Mr. Brad Steinman and Mr. Becker are present to discuss this
request. It should be pointed out that the recommendation of the Planning
Commission was on a 3-2 vote.
Mr. Steinman satd that he would prefer to let Mr. Becker handle thts Any
comments he would have, he said, would be reqardina the permanerit arrangement
on the backside of the building. The lease we have with these people �s for
one year. They were not sure this would be a successful operation. They are
willing to take the chance and we are also. If everythtng works out well at
� the end of one year, then they would stay on. lie explained that they have a
simtlar operation at Holiday Village South durtng the past six years, and they
are very well pleased with the housekeeping they do, and the manner in which
they handle business affairs These two gentlemen are even better from our
standpoint, in the way of cleanliness and the manner in which they do business
They are a high caliber people.
To get back to the permanancy of this operation, he continued, the first part
of the year they w�ll have to invest in a sewer and water system wh�ch will
cost them several hundred dollars Setttng up a perinaneni area and landscaping
as requested, would be difficult for them to do the first year Mr Becker has
an idea which he presented to the Planning Commission As far as the Special
Use Permit being in Holiday village's name, that is fine, we will sign the
application form and be responsible for the operatton. The other stipulations
are fine also As far as any other outside activity is concerned, we anticipate
only the continuation of our nursery, which operates about three months of the
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REGULAR MEETING OF FEBRUARY 2, 1976 PAGE 4
year. In talking to your staff today, they asked us if we would present a
little different type of nursery center and we agreed, but we were told we
would also have to co,��e in for the S�ecial Use Permit for the nursery center
again because of the rezoning that occurrerl. Therefore, we will be applying
for a new permit when the new design is worked out with the Planning Commiss�on
as to how it will sit on the property.
Mayor Nee said he would like to discuss how the company feels about the parking
area being used for merchandising. He said his inclination �s that we should �
have the City Assessor look at the land again.
Generally speaking, Mr. Steinman said, we will �ust have the two operations.
The reason we want to have something on the backside of the building is because
it is rather drab, and it does not attract anyone. The bui]dirg oriqinally was
placed in the v�rong direction. It shows the backside of the building where there
is no activity at all. We feel a nice, clean operation on thts backside would
add to the business and attract more people to our operation. We have no inten-
tion of putting any other operations on the property.
Councilman Namernik asked Mr. Steinman if they feel they are putting a limitation
on their parking spaces. Mr. Steinman said they were not because the back is too
far from the doors, and the customers do not use this space. Public parking �s
primarily on the east and north side of the building. Some customers park on the
west side, but a good share of the parking there is by employees.
Councilman Fitzpatrick said that it was pointed out that as far as the request
by staff for some permanent landscaping, etc., tt was not their intent that this
be the responsi6111ty of the newly establlshed business, but to have Holiday
Village accept this responsibility.
Mr. Steinman said he understood that, but this area is being leased to them.
We have not worked out the deta�ls as yet, but the area they have laid out for
their operation was to be their expense to upgrade that particular area, and �
make their display and be responsible for everything within that area, He said
he has not met with the Planning Commission or staff to see what can be worked
out. P4r. Becker has met with them, and he could answer these questions. We
will be respons�ble for everything that we agree on.
Mayor Nee asked where the nursery store would be located and Mr. Steinman said
it would be in the same general area. There �s a possibility of moving it
further to the south rather than right on the corner. This will be presented
when we come in for the Special Use Permit.
Mr. Becker addressed Mayor Nee and the Council and said, first of all, they
are looking to utilize the backside of the parking lot, not interferring w�th
the parking Facilities for the customers. The area is not presently being
used for anything We propose to have a sales office set up, skirted to look
like i� is sitting in a mo6ile home park. There wtll be a maximum of ten um ts
ready for sale and show. We have had the operation moved to the west a little
bit, in an effort to cut costs in hooking up to the sewer and water. We are
closer to the connections and will not require as much to hook up the sewer
and water to the office.
Mr. Becker then presented two sketches to the Council and staff, pointing out
the location of the office and what it would look like. He expla�ned that the
backside of the office would open up to a court yard, and has sliding glass doors.
He also pointed out where the parking would be across the front, approximately
150 feet to the street. There would be sufficient customer parking and additional '
employee parking. He also pointed out the highway access, where grass and trees,
etc., are now.
Mayor Nee asked if they would have both new and used mobile homes. Mr. Becker
replied they would, but that they would not be very old, about 3 to 4 years.
They will be reconditioned before being brought to the lot. He explained that
they have a lot in St Paul used for reconditioning and clean up of the mobile
homes. Any unit that is sold will be taken from this lot to where it will be
used for occupancy or where it will be stored.
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REGULAR MEETING OF FEBRUARY 2, 1976 PAGE 5
Councilman Fitzpatrick asked how much movinq in and out they ant�c�pate. P1r
Becker estimated some where in the area of four to five a month. He further
explained that they will have a maximum of ten units. When customers came
in, we show them them tFe ten units, and if they decide on one and want to live
in it right away, we will move it to where they want and set it up. These will
not be permanent display homes. It is typical of any mobile home sales. As far
as the landscaping is concerned, in talking with a number of people about tearing
� up the 6lacktopping, I had both pro and con reactions from a number of stand-
points. I would like to use turf, he said, as I feel it will wear much better.
The area �s going to have a lot of people walking across �t and regular grass
will get bent down. I have taiked to people about astro turf and it could be
laid out on the blacktop and glued down, and would not show the wear and tear.
Also, he continued, if we were to tear up the blacktop, there could be dra�nage
probiems, as it wouid then be a low area. Ne sa�d he intended to use redwood
chips around the border in the �ront of the office, The back would have a 20b,y
60 foot piece of astro turf. Also in this area, there would be picnic tables and
lawn chairs to look like the back yard of a mobzle honie park. LTght woul� 6e
utilized as far as display and for security at night.
Councilwoman Kukowski said that Mr. Becker stated he would be moving four to
five units a month. At the Planning Comm�ssion mee±ing, she said she understood
this would not be a case of a high turn-over, and that a lot of their units would
6e set up �n mobile home parks. She said she feels four or five units a month is
a high turn-over, especially when she thinks of how many people go in and out of
Holiday Village and how heavy the traffic is nn Highway 47. She said she was
under the impression that they would show the mobile homes and then tell the
people they would take them to the park where a unit is stored and set up.
Mr. Becker explained that the average person does not I�ave much luck in selling
mo6ile homes. They do not know how ta set up the financing, etc This is the
ma�ority of our sales. We have a listtng of people living in mobile homes. ble
� are going to try and sell people the units set up in the �obile home parks, but
there will be some people who will want a particular unit. Moving �ermits would
be regulated with the City as far as routing and time of mov�ng, etc There
would not be more than four to five un�ts a month, and seme mobile home sales
move as many as twenty a month.
Councilwoman Kukowski said that the ma,7ority of these places are on Highway 65,
and not where there wouTd be a lot of customers go�ng in and out as at Holiday
Village.
Mr. Becker said that as far as the traffic is concerned, no one seems to think
it would be a problem. The store doesn't utilize the area for customer parking.
Five units a month would be a total time period of lz hours a month.
Mr. Steinman asked Mr Becker if they w�ll have to take out a permit to move
these homes each t�me with the City of Fridley. P1r. Becker sa7d that he he-
lieved they would have to go to the State. He thought they would not 6e able
to move them through the City of Fridley, and not be able to use University
Avenue. He said they woul� probably have to go from Nol�day Vtllage to L 694,
then to Central if they are moving north
Mr. Steinman remarked that if there is a concern about the traffic, a time would
be set up when the movement would be a7lowetl. Mr Becker said this would not
be a problem as far as they were concerned.
� The City Attorney asked where the entrances ar�d exits would be and if they
would have any problem making turns and gettinq through.
Mr. Becker approached the map and pointed ou� that movemeiit would come up to
57th, a dou6le intersection, and would go all the way to the last exit, antl
there would be plenty of room to make the turn
Councilman Starwalt commented that if it was an off-hour movement he would
not consider it a problem, but if it were during usage hours, there ts no way
it could be done.
Mr. Becker replied that it would have to be done after the early morning rush
on I.694 and before the businnss hours at Noliday Village.
The City Attorney asked the Public Works Director what was in the proposal as
far as signs for advertising. The Public Works Director said that at th�s
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REGULAR MEETING OF FEBRUARY 2, 1976
PAGE 6
time, there was not anything proposed. The sign ordinance would have to be
followed.
The City Attorney asked how many free standing signs were on this location, and
the Public Works Director said he believed there were two. He added, that
based on the pro6lem we are having with that ordZnance, the only requirement
would 6e on the wall type sign on the mobile home. The City Attorney suggested
this be looked into as there could he a problem. He said h^ didn't know what �
they are anticipating to ask for, but as long as this is one parcel of property,
he said he thinks they have the maximum of free-standing signs that they are
allowed.
Mr. Becker said that he had talked with Mr. Boardman and he said he did not
think it would be a prohlem to have a 5by 10 foot sign on the sales lot.
Councilman Fitzpatrick asked if any notification of a hearing was sent out on
this, or tf any property owners were notified. The Publtc Works Director satd
that a hearing notice was sent to the surrounding property owners within a 300
foot radius. Councilman Fitzpatrick said that he did not know what they expect-
ed in the way of lights and signs, but that it could have an effect on the pro-
perty owners directly to the south of Highway I.694. Mr. Steinman replied that
they now have ai°ea lights on the backside of the building, and that no new lights
would be added.
Mayor Nee asked the Public Works Director if they had discussed this from a
planning point of view, and the Public Works Director said that the staff did
not care for this proposal at all either. They felt that Holiday Village al-
ready had an outdoor display with the garden store. Holiday Uillage indicated
they would come up with a performance bond and make improvements in the area.
Hopefully, by this summer, we wanted to get this shopping center im;roved and
in decent shape When the petition came in for a Special Use Permit for a
mobile home sales, we tried to dtscourage it, but there is no zon�ng violations �
and basically, they have made their request for a mobile home sales operation.
The Public Works Director said that he did have a question, and asked P1r. Becker
if they felt as though they could compete with the amount of mobile home sales
already in the area. Mr. Becker said definitely they could. There will not
be that many mobile homes for people wanting to move to another location.
The Public Works Director said that the only problem would be that they would
not want to start a precedent for other stores in the area, such as Target,
Mennards, Skywood Mall, etc. to come in and say they have some unusa6le pro-
perty and would like to make use of it with #kns type of operation. He said
he felt it is too bad we cannot come up w�th somethtng a little more pleasing
to everyone.
The City Manager asked the Public Works Director if they were positive, according
to the Ordinance, they do not require more parking space for the building. He
said he ��aguely recalls that this was the reason, for this s�ze parcel, that they
could onty put up the size building they have. Th�s �roposal could-be reducii�g
��hat is required f�r parking in the Zo m ng Ordinance. He said he felt this
should be looked into. Secondly, he said, we have worked with all of the shopp-
ing centers more than anyone else for a number of years, and he thinks Holiday
Village has probably been the most lacking in up-keep internally and also in
their external facilities. During the recent rezoning of the property, we put
a heavy emphasis that this be improved Another area that should be given some
concern is thzt mobile home sales operations do have a vandalism attraction. �
The remark made regardinq a bank or a savtngs and loan being in this location
is somethtng staff would certainly like to see. That would be an asset to the
shopping center. This type of development would not be an asset. Plus, what
we have seen of mobile home sales, one year they are good and the next year
business is bad, because of the type of business it is. That is the reason, in
this case, we want to 6e sure they have a yearly review or make Holiday Uillage
more liable thari whoever they are leasing the property to. He said that he has a
lot of concerns and feels that the parkina should be checked into and access
should be checked again, and if there is concern at the Counc�l level, certainly
Council has the prerogat�ve of holding a Public Hearing. There should be more
input at the Cd'ancil level before issuing a Special U�e Permit, if that is the
Council"s desire; and also get a commitment from Holiday Uillage as to what they
intend to do about the outside of the property.
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REGULAR MEETING OF FEBRUARY 2, 1976 PAGE 7
Mr. Steinman said that he agrees with some of these statements and some he
does not. It was his suggestion, he said, to post a bond that th�s work
would be done. He said they are all attempting to cooperate in every way
with the Planning Commission and follow the plan they wanted for landscapina,
etc. He said they would be responsible for anything that had to be done.
He further stated that perhaps their housekeeping hasn't been the best, but
that other housekeeping in the City of Fridley in comparison has not been that
� good either He mentioned that he talked with their neighbors around Holiday
Village and gave them hts name and telephone num6er and said that if they had
any complaints they should call him personally, but he has not received any
ca17s.
The City Manager explained that what he is saying is looking at past history,
a lot of promises have been made, and we certainly are appreciative of that,
He said there was a need on their part for rezon�nq and a desire on the part
of the City to make sure we could upgrade the property. It was a mutual under-
standing and he said he hopes this can continue. He further stated that he was
not trying to make discouraging remarks, he was merely trying to br�ng out some
of the concerns. He said that hopefully, their business will continue to
flourish as it has in the past, and they wiil do some of the upgrading that we
desire
Mayor Nee stated that he was very ambivalent about it He feels as though
we have enough mobile home sales in the area The way he see's it, he said,
on the negat�ve side, first of all, it adds clutter to Fridley, plus the other
concerns that have been 6rought out.
Councilman Starwalt said he supposes it is all in the eyes of the beholder He
said in thetr vtew, this would be a compati6le operation and not an unsightly
situation. He commented that he cannot think of another location that would be
better.
' Mr. Becker said that they felt this was a good location both traffic w�se
visibility and the availability of a space not betng used. He said a lot of
people �n the mobile home buying capacity shop this area.
Councilman Hamernik said that in thinking of the proposal and what has 6een said
so far, he feels he would have less reservations in seeing someth�ng else go in
there To reiterate one of the Planning Commission's points, he said a permanent
fashion for the office and landscaping would be very important as to the final
value to the Ctty of the proposal. He said he felt a little concern in hearing
a6out the one year lease and how it is going to be handled. He feels this
defin�tely has to 6e worked out before he would be ready to make a decls�on on it.
Councilman Fitzpatrick said that his feelings would 6e that he doesn't feel it
is making good use of the parking area, and that he agrees with Councilman
Hamernik as far as any immedtate action is concerned. He said he would like to
see more plans of the area worked out with the City However, he does not want
to get into that kind of detail at this time 6ecause he does not fee1 tt is a good
use of ±he area.
Councilman Starwalt asked if tt has been ascertained that if a portion of the
parking lot is put to other use, there is definitely enough io comply with the
Ordinance with what is remaining.
The Public Works Director said that he has made a quick count and �t appears that
� they have more than enough par•king stalls.
Councilman Fitzpatrick sa�d he 6elieves what we are saytng is that it is not
essentially a parking lot, so we are talkinq a6out establishina a business as
we are any other business and there are certain requirements. It is not simply
leasing an outdoor concession by an established business. If this is not a
park�ng lot, then it is something else.
Mayor Nee said that is true, presumably, Holiday Utllage could cut off the lot
and sell it to them and they could come in for a building permit or whatever
is requ�red. He asked the City Attorney if he could tell the Councll what ls
before them as far as the lot is concerned.
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REGULAR COUNCIL MEETING OF FEBRUARY 2, 1976 PAGE 8
The City Attorney said it is a Special Use Permit request that is required for
an outdoor display. He said that it came up rather quickly and he has not had
an opportunity to check into it thoroughly. It is properly zoned. I have not
looked into the question of havin9 two separate businesses on one piece of pro-
perty. He stated that it seemed to him there should be additional information
before the Council as to movement of these mobile homes and the other problems
focused here tonight.
Mayor Nee asked the City Attorney to sustain the denial of a Special Use Permit
requires some findings, in what area.
The C�ty Attorney explained that the operation of the business requesting the
Special Use Permit would have an adverse condition on the health, safety and
welfare of the commun�ty. A Special Use Permit is not like a rezoning where
they are requesting a change, because the zoning is such that it is permitted
unless it can be established that the operation in this particular location
would have some adverse effect
Mayor Nee asked Councilwoman Kukowski to expand a little more on her feelings
concerning the mobile home sales.
Councilwoman Kukowski said she was concerned about the people that would be
callinq her because they have a problem going down University or 57th trying to
get into Holiday Vtllage with the mobile homes moving in and out. She said now
it has been explained that they will be taking a different route and this is
f�ne, but they will be moving a lot of traffic from the far side because of these
units going back and forth. She feels that they will only be allowed to move the
mobile homes during the day time and that would be where the problem comes in as
people are going to be comlaining a6out it. Another concern she continued, are
the signs. I can visual�ze another sign going up at Holiday and I don't like thaf:
idea. She also said she does not see how a sign that size is going to help
business from Highway #I.694, as they won't be able to see it. One other matter
is the precedent we would be setting with the other shopping centers.
Mayor Nee explained to Mr. Becker that it seemed like it would not be to his
best interest to put it to a vote tonight. He said he felt it might be ad-
visable to table it for further study.
MOTION by Councilman Fitzpatrick to continue this request until we have more
information on the movement of the mob�le homes and the possible landscaping
plan and perhaps the signing. More information on which to base the decision.
This continuatton rs until the City Admim stration is prepared to bring it back
on the agenda and is prepared with the information requested. Seconded by
Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NDVEMBER 18, 1976
MOTION by Councilman Sta�^wait to receive the minutes of the Charter Commission
meeting of November 18, 1976. Seconded 6y Councilwoman Kukowski. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
CONTRACT FOR PUBLIC OUTDOOR WARNING SIREN AND
�IIIDRV �7 707G •
Ti;e C�ty Manager said that this is to complete the system. Money has already
6een appropriated in our budget, plus the money has been approved by the
Federal matching funds, and recommendation has been made to award the Lehn
Electric Company with the bid, in the amount of $2,229000.
MOTION by Councilman Fitzpatrick to award the bid for the Public Outdoor
Warning Siren and Installation to Lehn Electr�c, 214 E. Main Street, Anoka,
Mn., �n the amount of �2,229.00. Seconded by Councilman Hamernik. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERA
INTMENTS TO THE PLANNING COMMISSION AND OTHER ADVISORY BODIES•
Mayor Nee said that he thought this should mainly be discussed at this meeting
unless some people want to act on it tonight.
Councilman Starwalt said that he interpreted at the last meeting that we should
be prepared to gct the people in a position to get on the mailing lists, and take
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REGULAR COUNCIL MEETING OF FEBRUARY 2, 1976
up office knowing what is taking place.
PAGE �
Mayor Nee said that he thought the question was not resolved as to whether
or not we want to publicize the vacancies and see who responds, or to proceed
on our own information to make some nom�nations.
Councilwoman Kukowski sa�d that she likes the idea of opening it up to all of
the people.
Councilman Fitzpatrick said he feels there are undoubtedly qualified nominees
in most of the slots and he agrees with Councilman Starwalt to try and get the
appointments made before the last minute. If we could quickly do somethinp to
notify the public and invite additional candidates, he said he would be in
favor of this.
Councilman Hamern�k said that he was not prepared to handle these tonight.
The question he has, he said, is what type of advertising we are talking about
timewise.
Mayor Nee asked Paul Gustafson of the "Sun" Newspaper if he would be interested
in this and what the next earliest date would be for advertising. Mr Gustafson
replied that he would be interested an•i the earliest date would be February 11,
1976.
Councilman Hamernik reminded the Council that there will not L-e a meettng the
Monday niqht following the llth of February, as it is a holiday.
The City Manager stated that we do have other media's available for means of
exposure. We have community billboard and a billboard on Highway 47, along the
Sun Newspaper, Cable TU and weekly WTCN Radio report
� MOTION by Councilwoman Kukowski to table this item until the meeting of the
23rd of February and to publicize these vacancies in the meantime. Seconded
by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously
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Councilman Starwalt said he would like to explain that he does feel that using
advertising for the positions is not necessarily the answer, unless it makes
citizens aware of what is coming up. He said he gets the impression that
people "get up" about someth�ng and �ump into it, then they taper off, They
do not show a continuing interest, and he would like to avoid himself, voting
for people who would not follow through with their original des�res. He said
he would hope we would nominate people who have wanted the pos�tions for some
time and who have had an interest and attended some of the meetings, and will
have a continuing �nterest.
There was further discussion concerning the fact that there were present mem6ers
who are being considered for replacing, and tnat there was no problem in this
respect. Mayor Nee commented that he was �ust impressed by the inqutries re-
ceived the last time we had nominations. The method of processing the applica-
t�ons was also discussed, and Councilwoman Kukowski and Councilman Starwalt
felt that when people contact the City Manager's off�ce, they could 6e given
the information they need, and then told to contact ±heir councilmember
Counctlman Fitzpatrick felt they should not limit themselves only to the people
who have submitted letters.
RECEIVING RESIGNATION - COMMISSION MEMBER:
MOTION by Councilman Fitzpatrick to receive the letter of resignation from W. A
Driggins as a member of the Plamm �g C�mmission and as Chairman of the Board of
Appeals Commission, effect�ve immediately. Seconded by Councilwoman Kukowsk�,
Upon a volce vote, all vot�ng aye, Mayor Nee declared the mot�on carried unanimously
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REGULAR COUNCIL MEETING OF FEBRUARY 2, 1976 PAGE 10
CLAIMS:
MOTION by Councilwoman Kukowski to approve the clatms, #13307 -#13436, as
submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
LICENSES �
MOTION by Councilman Starwalt to approve the licenses as submitted on page 7-7A
of the aqenda. Seconded by Councilwoman Kukowski. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
COMMUNICATIONS:
TO THE CITY COUNCIL FROM FINANCE DIRECTOR: RE: TYPEWRITER FOR S.A.C.A.
MOTION by Councilwoman Kukowski to receive the memorandum and approve the
loan of the typewriter to S A C.A. Seconded by f,ouncilman Fitzpatrick. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously,
ROOF SIGNS: SHOREWOOD SHOPPING CENTER•
The Public Works Director said that the Council has received a memorandum
from himself to the City Manager giving background information and what f2as
developed regarding +_ertain signing at the Shorewood Shopping Center. Basically,
he said, in January the City Council approved a variance request from the sign
ordinance where the petitioner, through his attorney, requested roof signs be
permitted in addition to existing free standing signs. As noted in the ordinance
the use of a roof sign will substitute a free standing sign in one section.
Another section states that one free standing sign be allowed for each building,
The original interpretation for the first part was that roof signs on the
shopping center structure would be allowed if substituted for a free standing �
sign. The second interpretation was that on1y two free standing be allowed,
The Shorewood Shopping Center has two ex�sting free standing signs, nne an
area identification sign, and one free standing King Chalet business sign.
The petiti�ner, after discussion of initial request, basically agreed with the
staff and procee�led to pt°o�ess the var�ance request to be allowed to install
roof signs on the shopping center, which was damaged by a w�nd storm. The
Council concurred with the Appeals Commission's recommendations that only three
more roof signs be permitted and prior to additional signs being installed, that
the King Chalet free standing sign be removed.
Subsequent to these original approvals, the petitioner again requested a sign
permit for another rocf sign in addition to the three approved by the Council,
The staff indicated what the original approval had been and the stipulations.
The petitioner then voiced some ob,7ection to the original interpretation of
the sign code. Basically, he pointed out that the King Chalet sign should be
assoc�ated with the restaurant portton of the shooping center, (iur rnterpreta-
tion was the King Chalet sign had been discontinued for a period of three months.
He �ndicated this was not the case, the sign was still in use. The K�ng Chalet,
though inactive, still existed. Due to the conflicting language of the ordinance,
it was suggested to go over the interpretation with the City Attorney, wh�ch we
did and concluded as noted on the second page of my memorandum, that the sign
ordinance does not take �nto consideration specific signing requirements for
shopping centers. Presently, the ordinance addresses free standing signs, wall
signs and roof signs for specific businesses. It does not say what happens
when there are a number of businesses in one structure. �
The second item was that the free standing business siqns relate only to that
portion of the shopping center structure where business is advertised on the
free standing sign. The restrictions for substitution would be related to
tha* particular business.
?he third item, based on these interpretations, additional roof signs should be
permitted and the Resolution of the free standing King Chalet stgn should be
resolved at the time that this portion of the shopping center is resolved. That
is why we are bring it back to you at this time. It would be in order to allow
the petitioner to install the additional roof signs at the shopping center and
handle the Resolution on the King Chalet when the business is resolvedo
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REGULAR COUNCIL MEETING OF FEBRUARY 2, 1976
PAGE 11
The City Attorney said he would like to explain his reason for this
interpretation. Specifically, when you go through the sign ordinance
you do not find anything answering this question. You 9et into a situation
where you have a non-conforming stgn which was allowed to be constructed
for the restaurant . Because it was in existance 6efore the code was
adopted, it is allowed to continue. Then, we are faced with the question
that if a new tennant moved into the shopping center, if the City took the
position the free standing sign was in lieu of any roof or wall signs, then
the new bus�ness would not be able to have a sign. He could not put up a
free standing sign because the code says there can only be one free standing
sign per parcel per frontage It already has two free standing signs so it
would be precluded from having a free standing sign. Then, if we further took
the position they could not have any roof signs because the restaurant free
standing sign is authorized in lieu of a roof sign, a business moving m could
not have any signs.
MOTION by Counc�lman Starwalt to allow roof signs to 6e installed at the Shore-
wood Shopping Center as per the C�ty Ordinance. In effect, to remove that
previously established limit and conform to the City Code. Seconded by Council-
man Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously
AD�OURNMENT•
MOTION by Councilwoman Kukowski to ad,7ourn the meeting Seconded by Councilman
Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion
carrted unanimously, and the Regular City Council Meeting of February 2, 1976
ad�ourned at 9:40 P.M.
RECONVENED. 9:45 P.M.
DISCl1SSI0N ON PURCHASING FLOWERS FOR FORMER COUNCILMEMBERS:
MOTION by Councilman Fitzpatrick, seconded 6y Councilman Hamernik authorizing
the purchase of flowers for the former Councilman, Mr, Glen Thompson, in be-
half of the City Council Also, to establish a policy where6y flowers arP
automattcally sent to former councilpersons at the time of their death.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ADJOURNMENT: 9:55 P.M.
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Respectfully submitted,
Helen Fagin
Secretary to the City Council
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William J Ne �
Mayor
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