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05/16/1977 - 5694ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING MAY 16, 1977 � I •� ' � , ' > t � � � il ' i .44 i'HE MINUTES OF 7HE REGULAR MEf:TING QF 7HE FRIDLEY CITY COUNCIL OF MAY 16, 1977 The Regular Meeting of the Fridley City Council of May 16, 1977 was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee led the Council and the audience in the Pledge of Allegiance to the flag. ROLL CRLL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMBERS ABSENT: None PROCLAMATION: Mayor Nee read a Proclamation proclaiming the week of June 19 - 26, 1977 as "Fridley '49er Week." Ne stated it would be forwarded to the '49er's for their use. APPROVAL OF MINUTES: REGULAR MEETING OF MAY 2, 1977: MOTION by Councilwoman Kukows,ki io approve the minutes. Seconded by Councilman Hamernik. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. • PUBLIC HEARING MEETING OF MAY 9, T977: MOTION by Councilman Schneider to approve the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: _ ' Mayor Nee stated he would liYce to add two items as follows: (i) Correspondence from Michael Paripovich regarding his resignation from the Environmental Quality Cortenission and (2) Discussion of Bingo Reports. MOTION by Councilman Hamernik to adapt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUP1, VISITORS: REIMf3URSEP9ENT FOR GUITAR: � Mr. Thomas J. Kigin, the attorney representing Mr. Ronald Reinhard, appeared before the City Council regarding payment for a guitar whtch b2longed to Mr. Reinhard and was sold at the Police auction. Mr. Kigin stated, when Mr. Reinhard was arrested by the Fridley Police Department in January of 1976, his guitar was confiscated and was not returned to him. He further stated, when Mr. Reinhard was sentenced to prison in October of i976, he called to see when he could pick up his guitar and was informed ; the guitar was sold at the annual Police auction. He advised that Mr. Reinhard � contacted him for his help and he has contacted Mr. Brunsell, Finance Director, and made the necessary notice of claim to the City. He felt a reasonabTe effort was not made to try and contact either Mr. Reinhard or his mother, before the guitar was sold; which is required by ordinance. Mr. Kigin stated he called music stores to determine what the guitar was worth and the price given was $219. He requested payrrrent be made in this amount to Mr. � Reinhard. He felt the guitar was lawfully taken, but with the understanding it would � be returned to Mr. Reinhard. The attorney stated the make of the guitar is an ' Ames strato-gaster and Third Store Music in Wayzata sells this brand. I !_.__ _ ---... _____ ------ 0 � - Ji • � ; ; REGULAR MEETING Of MAY 16, 1977 ' 45 PA6E 2 Mr. Qureshi, City Manager, stated that if the facts stated by the Attorney are correct, then it should be determined what a reasonable figure would be for reim- bursement. He stated about $48 was received for the guitar at the Police auction. MOTION by Councilwoman Kukowski to authorize payment in the amount of $171 to Mr. Reinhard for the guitar. Seconded by Councilman Hamernik. Councilwoman Kukowski felt the Potice Pension Association should make the decision, if they wanted to give Mr. Reinhard the $48 they received for tFie guitar. The City Attorney, Mr. Herrick, felt the matter should be resolved by the Council so it would not be necessary for Mr. Kigin to.also appear before the Police Pension Association. MOTION by Councilwoman Kul:owski to amend the above motion to reimburse Mr. Reinhard for the value of an Ames strato-gaster guitar in the amount of $219. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ISLANDS OF PEACE LEASE AGREEMENT: Mr. Ed Wilmes appeared before the Council regarding the Islands of Peac e lease agree- ment. He stated the Islands of Peace project has become one of the most unique parks, not only in Minnesota, but in the entire country, and requested the Council extend the lease agreement. He felt, as an individual, the persons connected with the Islands of Peace project have given performance that should be given consideration. He further stated, in recent weeks, they had calls for reservations frcm all over the entire State. He advised that by June or July, $25,000 for improvements and construction will have been spent for the Islands of Peace project and hoped the Council will take all these facts into consideration when acting on the lease agreement. COMPLAINT - HOLIDAY VILLAGE CARTS AND DEBRIS: Mr. Otto Tauer, 5866 2nd Street N.E., appeared before the Council regarding the carts and debris from the Holiday Uillage Store. Mayor Nee advised Mr. Tauer this item was on the Council's agenda this evening. Mr. Tauer then stated he would comment when the item was considered by Council. PUBLIC HEARINGS: PUBLIC NEARING ON FINAL PLAT SUBDIVISION P.S. #77-02. A MOTION by Councilman Schneider to waive the reading of the Public Nearing notice and open the Pu51ic Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:57 p.m. Mr. Sobiech, Public Works Director, stated this is a request for a replat located between Onandaga Street and 73rd Avenue, generally in the 1600 block. He explained the replat is requested because of the Delefer Addition p1at. The residents abutting Stinson indicated the desire to have the roadway improvement a certain distance farther to the west than the present right-of-way. Mr. Sobiech stated the replat would cover the existing two lots which are generally located to the north and south of the� extension of 732 Avenue and combine these with a vacation of 73 z Avenue in order to make three lots. Mr. Sobiech stated a public hearing was held before the Planning Corr�nission on April 20 and no objections were raised. The Correnission.recomnended approval of the plat with the understanding that due to certain lot depths, particularly Lot 2, a front yard setback of 30 feet be incorporated into the pTat approval. Mr. Sobiech stated the Council has a letter from Mr. Marxen in which he requests consideration be given for waiving of the plat fee and vacation fee; because it is his feeling, due to the recent changes in the street pattern, the City is more or less directing this replat and vacation. � I V i � , •� ' . I ' I ' ' ! 46 FEGULAR MEETING OF MAY i6, 1977 PAGE 3 Councilman Schneider questioned the replat fee and vacation fee. Mr. Sobiech stated the plat fee is $310 and vacation fee is $80. Councilman Schneider asked if these fees were paid in 1970 �when the original plat was approved. Mr, Sobiech stated the platting fee was paid and certain easements were given up at that time for the fee of $1. No persons in the audience spoke for or against this replat of Marxen Terrace. MOTION by Councilman Schneider to close the Public Nearing. Seconded by Councilwoman Kukowski, Upon a voice vote, a11 voting aye, Mayor Nee deciared the motion carried unanimously and the Public Hearing closed at 8:05 p.m. PUBLIC HEARING ON STREET ANQ ALLEY VACATTON REQUEST SAV #77-02, BY THOMAS E. MARXEN; GENERALLY LOCATED SOUTH OF ONOND GA STREET AND NORTH OF 73RD AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and ' open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y and the Public Hearing opened at 8:05 p.m. ' Mr. Sobiech stated this is a request to vacate the exisiing right-of-way for Marxen Terrace in conjunction with the replat item which was just discussed by the Council. A public hearing was held before the Planning Commission and no objections were raised. Mr. Sobiech stated persons in the area seemed in favor of this vacation request. ' ' .' � No persons in the audience spoke for or against this vacation. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Counciiman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:08 p.m. OLD BUSINESS: E N0. 647 - ESTABLISHING CHAPTER 602 OF THE FRIDlL-Y CITY CODE ENTI Mayor Nee referred to Subdivision 3 of the ordinance regarding temporary license fees and questioned if it permits neighborhood parties, and licenses for private organizations to hold events. Mr. Herrick, City Attorney, stated language in this ordinance is taken from the ' State Statute and on issuing licenses for beer and intoxicating liquor, it will be necessary to use the State Statute. He also pointed out that a permit to sell beer can be issued to an organization who is obtaining a license for a certain event. ' Mayor Nee questioned neighborhood groups who meet and beer is consumed with everyone contributing. Mr. Herrick indicated this would not be a sale, but a cooperative effort. When persons get together and contribute a certain amount to purchase beer for the group it would not be a sale or gift. ' ' � ' �l Mr. Herrick stated much time has been spent on this ordinarrce, starting with a model ordinance from the League, and wondered about the objections coming from the Planning Commission. He further indicated the Planning Commission's concerns on search and seizure is very comnon. He stated non-profit organizations could get a temporary license to sell beer, as provided in the ordinance. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 647 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. ORDINANCE N0. 648 - AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE TO AtJTHORIZE A CONGRESSIONALLY H R E D ETE� NS G NIZAT ON T SELL LIQUOR ON SUNDAYS: MOTION by Counci7woman Kukowski to waive the second reading of Ordinance No. 648 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 649 - ADOPTING CHAPTER 212 ENTITLED MINING, AND REPEALING PRIOR CH PTER 2 ENTIT ED MININ S ND D, L: MOTION by Councilman fitzpatrick to waive the second reading of Ordinance No. 649 and � . _ _ _ _ _ . I 0 ' REGULAR MEETING OF MAY 16, 1977 i � 4l _ PAGE 4 adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the �notion carried unanimously. NEW BUSINESS: RECEIVIN6 THE BIDS r AND RESOLUTION N0. 50-1977 - AWARDING THE SALE OF $1,115,000 GENERAL OBLIGATION SPECIAL Mayor Nee advised the City opened bids for the sale of $1,115,000 General Obligation Special Assessment Fund Bonds at 7:00 p.m. this evening and the bid results have been tabulated. Mr. Ehlers of Ehlers and Associations, Inc., financial consultants for the City, stated four bids were received for the sale of these bonds, the low bidder being Continental Illinois National Bank and Trust Company of Chicago, Illinois at a net interest rate of 4.54205°o and net interest cost of $310,506.30. Mr. Ehlers stated this is the first time the City has had a AA rating. He stated the best rating is AAA which is reserved for larger cities and stated there are very few AA ratiqgs. He felt it was a significant tribute to the City of Fridiey. Mr. Ehlers stated the sale is favorable compared with bond sales in the last few months and would not hesitate to recommend the low bid be accepted from Continental Illinois National Bank and Trust Company of Chicago, Illinois. Net Interest Cost Net Interest Rate Banc Northwest • Minneapolis, Minnesota $313,681.88 4.5885� Juran & Moody, Inc. St. Paul, Minn. $315,832.50 4.6199% Continental Illinois National Bank and Trust Co. of Chicago, I11. $310,506.30 4.54205� Allison-Wiliiams Company , Minneapolis, Minn. $317,112.75 4.6386% MOTION by Councilwoman Kukowski to receive the above listed bids. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ehlers requested the Council consider a resolution to award the bid to Continental Illinois National Bank and Trust Company for the sale of these bonds. MOTION by Councilman Hamernik to adopt Resolution No. 50-1977 awarding the bid to Continental Illinois National Bank & Trust Company of Chicago, Illinois. Seconded by Councilman Schneider. Councilman Schneider stated the bonds they are issuing combines several assessment funds and asked about the amount the City would be saving by combining these. Mr. Brunsell explained as far as savings, it is a question of when the City would go out for permanent bonds and it is anybody's guess what the interest rates would be at that time. Mr. Ehlers felt very strongly there is very little chance that interest rates will go down and there is a substantial chance for them to increase. He felt the City could not do better than this interest rate. He stated'the interest rate received was partly because of Fridley's standing in the market as evidenced by the AA rating. Mayor Nee questioned Mr. Ehlers as to what other cities have a AA rating, to which Mr. Ehlers named about 12 other cities. Mayor Nee congratulated the staff for their accomplishment in abtaining this new bond rating. UPON A ROLL CALL VOTE ON THE ABOVE MO7ION, a11 voting aye, Mayor Nee declared the , motion carried unanimously. � i i i - —__ __ _i �. ' . 48 . � I• �I � RE�ULAR MEETING OF MAY 16, 1977 RECEIVING PETITION #5-1977 REQUESTING ELIMINATION OF HAZARDS CAUSED BY MENARDS CASHWAY LUh16ER LOCATED AT 5351 CENTRAL A1fENUE N.E.: PAGE 5 MOTION by Councilman Schneider to�recei�ie Petition No. 5-19�7. Seconded by Council- woman Kukowski. lJpon a voice vote, al7 voting aye, Mayor Nee declared the motion carried unanimously. � � Mr. Sobiech stated the City received the petition several weeks ago regarding concerns of residents on the Menard's retail operation. These concerns were as fol7ows: l. Fire hazard to adjoining residential property due to lack of access to wooded � high hazard areas. 2. The illegal expanded use within the C-1 Zone from retail corrunercial to distri- butive industrial. 3. The illegal noise pollution and devaluation of property of adjacent landowners' j ' real estate. 4. The traffic hazard created by the illogical routing from 53rd Avenue N.E. to the service road to Fillmore Street N.E. ' ,' Mr. Sobie�h stated, regarding Item 1, the Fire Department did make an inspection and indicated they really did not see any unusual problem for operations of this nature. As far as Item 2, the property, as presently exists, is zoned C-2S which allows an operation such as Menard's. They do not manufacture their products, but receive them and distribute them. Mr. Sobiech then reviewed a history of the zoning of this property. He stated it seems the main operation is retail, therefore, it does meet the zoning code. In regard to Item 3, the illegal noise apparently has been a problem as some work and operations take place in the store yard area until 2 or 3 o'clock in the morning. Mr. Sobiech stated Mr. Larry Menard is present to respond regarding the operation of the faci7ity. Mr. Sobiech also stated there is a public address system wnereby messages are transmitted to persons in the ya�°d. He stated in January, 1977 thei°e was a complaint; Menard's were contacted and steps were taken to turn down the public address system, Mr. Herrmann, City Assessor, replied to the item on devaluation of property of adjacent ' landowners' real estate. He stated the�City does take into account that property adjacent to commercial areas does ref]ect a loi�ver market value, but it does not mean values are reduced, as the property gets older; since with the rate of inflation, values go up in ihat area as weil as other areas. In response to Item 4, Mr. Sobiech stated the City is presently pursuing ihe improvement of the traffic situation. Mr. Sobiech stated certain channelizations will be provided in this area to direct traffic in a safer manner and improvement will be made of the intersection at 53rd ard Central Avenues. Ne stated, hopefu]ly with these 9mprovements, the concerns of the residents as covered in Item 4 will be eliminated. As far as Items l, 2, and 3, the staff has indicated they find no violation of the City Code. Mr. John Candell, Attorney representing Menard's stated he and Mr. Menard are here tf�is evening principaliy because they are concerned and questioned zf steps can be taken to alleviate the problems. Mr. Candell stated they were aware a petition was being submitted, but not exactly what it contained. , Mr. Candell asked the residents what they considered a fire hazard. Dr. Heggestad, 1258 Skywood Lane> stated he and Mr. Menard have walked the property and agreed they had a common problem with debris. Mr. Candell stated the Fire Inspector has indicated the access was good to the area. Dr. Heggestad stated they have had a number of fires in this area over the years he has lived there. He felt if ihare would be a fire and a southwest wind, it could litterly gut his whole block. He stated the residents are most anxious to work with Mr. Menard in trying to solve these problems. Dr. Heggestad felt if a business is a retail operation, then it should have certain restrictions as to hours. He stated he has contacted Mr. Menard at 2:00 a.m., � �i� � REGULAR MEETING OF MAY 16, 1977 PAGE 6 regarding the noise, hoping to get across that people do'not want to be kept awake in the neighborhood. ' Dr. Heggestad's main concerns were the fire hazard because of the debris and the noise from Menard's operation. Mayor Nee questioned if the loud speakers could be turned in another direction to eliminate some of the noise. Ms. Mary Matthews, 1259 Skywood Lane, stated Menard's have had two expansions and wondered why residents were not notified. She further stated a realtor has advised her it would be difficult to se11 her property because of the loudspeakers. Mr. Herrick, City Attorney, indicated he did not specifically know what expansions they were referring to since it was the opinion of the staff the property is properly ' zoned for that use and reading the ordinance, he would agree this is correct. He stated there might be other considerations on whether the operation is too large for the site, but criteria there would be the size of the building in comparison with the total lot size. Councilman Fitzpatrick asked in what zoning category is a lumber yard permitted and ' Mr. Sobiech replied in a M-1 zone. Mr. Candell stated the fire hazard is as much a hazard to Menard's as well as the ' residents. He stated he would like an opportunity to discuss the problems of noise to see if they can be eliminated. Councilman Schneider verified the noise problems are the loudspeakers during the day and transport trucks at night. Mr. Herrick, City Attorney, suggested there might be a cut off time on de7iveries and possibly to consider a beeper systan instead of the loudspeaker systan. Ms. Matthews again questioned the expansion of Menard'�. Mayor Nee indicat�d this question regarding the degree of intensity of the operation was not covered in the staff report and will have to be researched. As Mr. Candell indicated, they are interested in meeting with the residents to discuss the problems. Mayor Nee suggested they may wish to meet at this time in the Community Room and report back to the Council later in the meeting as to their progress. Dr. Heggestad thanked Mr. Sobiech for all his work' in presenting this matter to the Council. DISCUSSION WITH HOLIDAY VILLAGE NORTH; OPERATION AND MAINTENANCE OF THEIR FACILITY: Mr. Sobiech stated complaints were received from residents in the area of the Holiday ' Village Store about carts being left in this neighborhood. Cor�nents were also received about debris, from the Holiday Village operation, blowing throughout the adjacent residential area. Mr. Sobiech stated Holiday Village was contacted and they have indicated they do have ' maintenance operations which require that in certain time periods, the neighborhoods are ; checked for carts. Also, they have a maintenance operation for picking up litter. Mr. Otto Tauer, 5866 2nd Street N.E., stated he has called Holiday to come and pick up the carts left near his residence and sometimes they are picked up and sometimes � they aren't. He stated he has talked with the security officer, Mr. Durand who stated, � if they catch anyone taking the carts off the Holiday premises, they will be arrested. Mr. Tauer stated he has found out they cannot do a thing about arresting these people because of the value of the carts. Mr. Tauer felt construction of a fence at the north ' and west ends of Holiday would greatly help to control the debris. He further stated � the City of Coon Rapids has an ordinance stating the carts must stay in the building. ' Mr. Johnson, Manager of Holiday Viilage, stated they recognize the problem with the ' carts. It has been a continual problem for 10 years and they really do not know how � to resolve it. He indicated Holiday spends $200 a week to have someone pick up the carts taken off the premises. He stated signs were posted to Teave the carts on the premises, but these do not solve the problem. He stated, during the last two months, i someone goes out every morning between 8 and 9 a.m, to pick up carts. Mr. Tauer I stated the carts are not picked up and�some of them are there for days and even ; months. � �� ' ' . � ' , I' ' ' � , , , ' � ' , M � .� � ' ' � � � � � � � ' ' ' ' � �n REGULAR MEETING OF MAY 16, 1977 PAGE 7 Regarding the debris problem, Mr. Johnson stated the lot is swept three time a week and about 56 manhours per week are spent in cleaning the lot. He stated the debris is also a constant problem. Mr. Johnson indicated they plan to landscape this year, but did not intend to fence on the north or west ends of their property. Mr. Herrick, City Attorney, suggested HoTiday might Ge required to post notices that it is improper or illegal for persons to take carts off the property and it is a misdeameanor, either by company policy or City ordinance, i` they take the carts off the property. • Mr. Herrick stated Mr. Tauer's comment that because of the value of the carts, no action could be taken to prosecute, is untrue. He statPd, such as in the case of shoplifting, a person can be prosecuted for less costiy items than the carts. Councilman Fitzpatrick felt the possibly of fencing should be investigated, as he felt to the west of the property it would be effective. He indicated the fencing to the north may be a probiem because of the many entrances into the Noliday store. He stated containing the debris is the problem, since no matter how often the lot is cleaned, debris can blow away in a matter of minutes. Me fe7t fencing v�ould be a partial solution. Mayor Nee indicated he was in agreement with Mr. 7auer regarding the debris. Mr. Herrfck stated the Council has required business establishments directly to the north of Noliday to provide fencing and would see no reason why a three foot redwood fence worked into the landscaping could not alleviate a good portion of the problem. Mr. Sobiech, Public l�torks Director, asked Mr. Johnson if Holiday would be willing to look at some plans for 9ncorporating fencing in their landscaping. Mr. Johnson stated they wotald be willing to discass 9t. Mr. Sobiech asked Mr. Tauer if he had noticed any imnrovement in the last two months since carts are being picked up. Mr. Tauer stated he has seen no improvement and fe7t redwood fencing would not solve the debris problem. Mayor Nee questioned if containers were provided for the trash. Mr. Johnson indicated there were two containers at each entrance. Mayor Nee asked P•9r. Johnson to come back in about six weeks to see what could be worked out with the staff or what progress has been made to solve the problem. Mr. Nick Garaffa, 6750 Monroe Street N.E., felt fencing was an expensive operation and not knowing if it would solve the problem, he suggested perhaps putting a temporary snowfence along Main Street to see if it would catch some of the debris. Mayor Nee indicated the snowfence is designed to carry things over io the other side and, therefore, would not be of any use in this instance. Mr. Tauer stated if there are any doubts on whether a fence on the north and west sides will catch litter, just to take a Took at the fence that exists now. He felt it helps greatly to control debris. Mr. Johnson is to meet with staff regarding this matter and come back to the Council in about six weeks for a report and possible solution. CONSIDERATION OF FIRST READING OF RN ORDINANCE F04 S�REET AND ALLEY VACATION SAV . #77-02, BY THOMAS E. MARXEN: MOTION by CounciTman Schneider to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. �? REGULAR MEETING OF MAY 16, 1977 PAGE 8 CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-01 BY CLIFFORD MIS7ALSKI; GENERALLY LOC TED T 5801 6TH STREET N.E.: Mr. Sobiech, Public Works Director, stated a public hearing was held by the Council on this vacation request. The Planning Co�nission also held a public hearing and no objecti6ns were raised regarding the vacation. Mr. Sobiech stated the question was raised of a walkway easement and he advised there is such an easement on a portion to the south of the subject vacation. He stated the only stipulation is that a 10 foot easement be maintained for wate►�nain purposes. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. UPon a voice vote, all voting aye, Mayor Nee declared tne motion carried unanimously. CONSIDERATION OF fIRST READING OF AN ORDINANCE A�1ENDING CHAPTER 18 "CONTRACTORS", SECTION 18,03 "REQUIREMENTS": Mr. Sobiech, Public Works Dir•ector, stated, in reuiewing contractor's license fees for the City, it appears the insurance requirements are low; therefore, it is requested Council give consideration for first reading of this ordinance to change the requirements for contractor's insurance to more appropriate and up-to-date figures. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. There was a question raised on when this would go into effect and if it would apply to new licenses and renewals. Mr. Herrick stated this could be written into the ordinance T OF AN ORDINANCE TO REPEAL OLD CHAPTER 302 OF THE FRIDLEY Councilman Schneider clarified that under Section 302.15, Item 4, the 200 foot dog run applies only to dog kennels. Councilman Kukowski asked correction of the typing error under Section 302.15, Item 8, the word should be "quiet", not "quite". Mayor Nee questioned Section 302.07, the last paragrapfi and the words "or as otherwise provided by law". Mr. Herrick, City Attorney, stated this would apply when the Animal Control Officer is in pursuit or in observance of a violation. Councilwoman Kukowski questioned that "premises" would mean in the yard area, not inside a residence. Mr. Herrick stated, technically, the Animal Control Officer might have the right to enter, but probably would not as a practical matter. Councilman Fitzpatrick stated this ordinance provides that the Animal Control Officer may enter upon any public or private premises and is allowable and perhaps it shouldn't be. Mr. Herrick felt if there was concern on the Council's part, instructions could be given as to what the rights are and limitations. Councilman Hamernik asked staff to expand onthe definition of Anima1 Control Officer in the first paragraph. Mr. Qureshi, City Manager, felt the whole section could be eliminated, but it becomes a question if the Council wants an effective animal control ordinance by giving some reasonable powers to enforce the ordinance. Councilman Schneider questioned if some information could be provided to the Animal Control Officer regarding the enforcement and limitations. �, I �� , i� � , ' ' ' , I�� ' i� ' , � , ; �i , � ; ' _ _ _. _ _ _ _ . . . _. __ _ _ _ ' . i � I ' ' ' � � , ' ' ' � ' , I � ' � 52 • � � REGULAR MEETING OF MAY 16, 1977 PAGE 9 Mr. Herrick, City Attorney, stated something could be drafted for discussion. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend the above ordinance by changing Section 302.02 as follows: • "It shall be unlawful for any person, or for the parents or guardians of any person under 18 years of age, who owns, harbors, or keeps a dog, to allow such dog, regardiess of age of dog, to ran at laroe in the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to strike the word "snowmobiles" under Section 302.03, Item 6. Motion withdrawn by Councilman Schneider. MOTION by Councilman Schneider to amend Section 302.041 as follows: "A permit and animal tag shall be required for a dog or other animal of canine species to be maintained within the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend Section 302.064 by adding the word "no" after the word City at the end of the third line. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE taken on the above three amendments, all voting aye, Mayor Nee declared the moti:ons carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, �1ayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY F FRIDLEY: Mr. Brunsell, City Clerk, stated this ordinance would change the dog iicense fees and entertainment license fees. MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon its first reading. Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated the new license fees will not cover the administrative costs involved. Cour�cilwoman Kukowski felt, however, if the licenses were not issued for the entire year, residents would not obtain the necessary license. UPON A VOICE VOTE TAKEN ON THE P10TION, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMISSION MEETING OF MAY 4, 1977: The Council received the minutes of the Planning Commission P1eeting of May 4, 1977 and considered the following items: GARY PETERSON ZOA #77-01; 1316-28 OSBORNE ROAD, 1344-46 OSBORNE ROAD AND 1345-47 MEADOt+IM00R DRIVE AND 1331-33 MEADOWMOOR DRIVE: MOTION by Gouncilman Schneider to set a public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a�oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated at the last Appeals Commission meeting, there apparently was a consensus of a different rezoning other than what was originally proposed. He questioned how the legal notice should be published for the pubTic hearing. Mr. Nerrick, City Attorney, indicated the notice can state it is rezoning to R-2 and R-l. REGULAR MEETING OF MAY 16, 1977 ' PAGE 10 ;� 3 Mr. Sobiech stated correspondence was received from Mr. Peterson this evening. Mayor Nee indicated they would receive this information at the time of the public hearing on June 13. Mayor hlee also requested a typed copy of the names of the persons signing the petition be furnished at the time of the public hearing. Councilman Schneider also noted the names of the,persons voting for or against this item were not listed in the Planning Corrmission minutes. , IWEN TERRACE, P.S. #77-03, A.T. GEARMAN: MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NORTON AVENUE HOMESITES, P.S. #77-04, WYMAN SMITH: MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MEETING OF APRIL 26, 1977: ' MOTION by Councilwoman Kukowski to receive the minutes of the Appeals Commission ' Meeting of April 26, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CRAIG WILLEY, 6694 FRIDLEY STREET N.E.: Mr. Sobiech, Public Works Director, stated this is a request for four variances on property located at 6694 Fridley Street. The variances requested are as follows: (1) Ta reduce the minimum lot area from 7,500 square feet to 5,2Z0 square feet; (2) To reduce the rear yard setback from 33.75 feet to 25 feet; (3) To reduce the minimum lot width from 50 to 40 feet; and (4) To reduce the street side of a corner lot from 17.5 feet to 4 feet. Mr. Sobiech stated numerous cliscussions were held at the Appeals Conmission Meeting and their vote was to deny this request. In response to a question by Councilman Fitzpatrick regarding 67th Avenue, Mr. Sobiech indicated it is not vacated. Mr. Willey appeared before the Council arid stated, basically, this is a repetition of a request made in 1973 when he tried to find some means of making ihis lot buildable for a single family residence. Ne explained the difference in this request from the one made in 1973 is that he would meet the standard setback requirement on the south side. Mr. Willey indicated he would like to make this lot buildable which he felt would be benefical to both the City and himself. Mr. Dennis Drevniak, 6684 Fridley Street N.E., indicated he was opposed to this variance. He stated a petition was presented to the Commission and most of the neighbors in the area are opposed to the variance. He indicated they would not be in favor of a 40 foot lot. Councilman Schneider felt the Council has taken a strong position on 40 foot lots to not encourage development and, therefore, he would not be in favor of this variance. ` MOTION by Councilman Schneider to concur with the recommendation of the Appeals Cortmission and deny the following four variances: (1) Reduction of lot size from 7,500 square feet to 5,220 square feet denied, because of overcrowding of the lot in a residential neighborhood; (2) Reduction of rear yard setback __ _ _— _ _; � . � � 54 REGULAR MEETING OF MAY 16, 1977 0 PAGE 11 from 33.75 'to 25 feet - denied, because the lack of rear yard space would be a detriment to the neighborhood; (3) Reduce the minimum lot width from 50 to � 40 feet - denied, because of excessivA overcrowding on a n0 foot iot; and (4) Reduce side yard setback from 17.5 to 4 feet - denied, as it would disturb elements of the house to the west. Further, the variances would effectively prevent any future use of the easement, if a home is situated within four feet of the easement. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called by Mayor Nee at 10:32 p.m. RECONVENED: ,' The Council reconvened at 10:42 p.m. All Councilmembers were present. REPORT ON RESIDENTS' AND MENARD'S DISCUSSION PIEETING: � � Mr. Sobiech, Pub]ic Works Director, stated there apparently was some agreement reached with Menard's and the residents regarding their complaints of the loudspeaker system, debris and delivery trucks. Mr. Sobiech stated the staff will check back with them in a few weeks to see if the problems have been resolved. RECETVING THE MINUTES OF THE CABIE TELEVISION COMMISSION.MEETING OF APRIL 27, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the.Cable Television Commission Meeting of April 27, 1977. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee dec]ared the motion carried unanimously. CONSIQERATION OF REAPPROVAL QF INNSBRUCK VILLAGE SECOND ADDITION (PREVIOUS APPROVAL DECEMBER 20, 1976 : Mr. Sobiech requested the Council reapprove this plat. Ne stated there are no changes and the same stipulations are in effect. He further stated it appears the 90 day requirement of the ordinance is not sufficient time for clearing titles, obtaining financing, etc. MOTION by Councilman Schneider to reapprove the plat for Innsbruck Village Second Addition. Seconded by Councilwoman Kukowski. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIN6 BIDS AND AWARDING CONTRACT FOR SEWER, WATER AND ST�JRM SEWER PROPJECT #121: NAME BID DEPOSITS LUMP SUP�1 BID REMARKS Ke� Inc. 8275 Central Avenue N,E. No seal on Bid Mp1s., MN 55432 5q $27,570.08 Proposal Hennen Construction Company Tabulation error Route l, Box o�A total should be Rockford, MN 55373 5q $29,3U9.10 $29,308.50 TAC Encon Uti 1 i 1:i es ' Underground Utilities 1530 East Cliff Road Burnsville, MN 55337 r,% $29,447.50 Bianconi Construction Company 986 Bayard Avenue St. Paul, MN 55102 Burschville Construction P. 0. Box 167 Loretto, MN 55357 Dawson Construction Company 1803 South Ferry Street Anoka, MN 55303 5% $31,065.90 5% $33,180.75 �p� $33,662.50 No seal on 8id Proposal , • , ' .J a1 REGULAR MEETING Of MAY 16, 1977 PAGE 12 NAME BID DEPOSITS Julian Johnson Company . 1229 Osborne Road Fridley, MN 55432 A 8� K Construction Company General & Mechanical Contracting 9038 110th Street North Stillwater, MN 55082 5% 10% LUMP SUM BID REMARKS $39,628.94 $43,152.50 Axel Newman Htg. & Plumb. Tabulation error 1608 Como Avenue W. total should be St. Paul, MN 55108 10% $43,812.64 $43,992.65 CVM MOTION by Councilman Hamernik to receive the above bids. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated it is recommended the low bid from Kenko, Inc. in the amount of $27,570.08 be accepted for this project. MOTION by Councilman Schneider to accept the low bid of Kenko, Inc. in the amount of $27,570.08. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER N1: STREET IP1PROVEMENT PROJECT ST. 1977-1 & 2: Mr. Sobiech requested this item be considered at the June 6, 1977 meeting to coordinate with other items to be submitted to the Council at this time. MOTION by Councilman Schneider to table this item to June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVING SALE OF TAX FORFEIT PROPERTY: Mr. Qureshi, City Manager, reviewed a list of tax forfeit properties and requested approval from Council, if they wished the County to sell the property in June. Mr. Nerrick, City Attorney, stated it would seem, when the City permits someone to buy property at public auction, you are, in essence, telling them there is some use for that property. He felt perhaps some notice should be given at the time of the auction that lots not meeting minimum requirements of the code are not buildable. Mr. Qureshi suggested eliminating the lots that are 40 feet or less from the auction sale. MOTION by Councilwoman Kukowski to approve the list of properties for the tax forfeit land sale, but removing all lots which are 40 feet or less. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 51-1977 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR B DS: STREET IMPROVEMENT PROJECT ST. 1977- 0 SEALCOATING : MOTION by Councilwoman Kukowski to adopt Resolution No. 51-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , RESOLUTION N0. 52-1977 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON OUTLOt 1 AND OUTLOT 2 EX. PARCELS 680, 700 AND 750 , MOORE LAKE HIGHLANDS 4TH: MOTION by Councilwoman Kukowski to adopt Resolution No. 52-1977. Seconded by Councii- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � , ' � � � � , ' ' �� ' J Fi REGULAR MEETING OF MAY 16, 1977 � PAGE 73 RESOLUTION N0.�53-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS TO LOT 32, AUDITOR S SU6. N0. 192, AND APPORTIONING INTO DELEIER ADDI7ION: , . MOTION by Councilman Schneider to adopt Resolution No. 53-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTTON N0. 54-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSPIENTS ON PARCEL 1800, SECTION 3 AND APPORTIONING INTO PARCELS 1800 AND 1900, SECTION 3: Councilman Schneider questioned where these parcels are located. Mr. Qureshi, City Manager, stated they are at Main Street and 81st Avenue and advised the parcels are over 2.5 acres in size and, therefore, can legally be split without platting or a 1ot split. MOTION by Councilman Hamernik to adopi Resolution No. 54-1977. Seconded by Councilman Schneider. �Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 55-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 3000, SECTION 2, AND APPORTIONING INTO PARCELS 3300 AND 3400, SECTION 2: MOTION by Councilwoman Kukowski to adopt Resolution No. 55-1977. Secondad by Councilman Hamernik. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: NAME — EFfECTIVE POSITION SALARY DATE REPLACFS Anthony J. ��1ack Operations Maintenance $1,088/ May 16, 1977 Dennis Rambow 5121 Hughes Avenue Person, Street, Public ;Month Fridley, MN 55421 Works Division MOTION by Councilman Fitzpatrick to approve the appointment of Anthony Mack as an Operations Maintenance Person at a saiary of $1,088/month, effective May 16, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: • MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SWIMMING POOL LICENSES: . Councilman Hamernik questioned approval of the swimming pool licenses. MOTION by Councilman Hamernik to approve the swimming pool licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 111H33 through 132884. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Smith, Juster, Feikema Suite 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor by Carl Newquist for the month of April, 1977 $1,620.00 . � REGULAR MEETING OF MAY 16, 1977 PA6E 14 Weaver, Talle & Herrick 316 Easi Main Street Anoka, MN 55303 For legal services rendered as City Attorney by Virgil Herrick for April, 1977 $1,628.45 MOTION by Councilman Hamernik to approve the above estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. • RESIGNATION - MICNAEL PARIPOVICH: Mayor Nee read the letter of resignation from Michael Paripovich who submitted his resignation from the Environmental Quality Commission, as he is leaving the City. MOTION by Councilwoman Kukowski to receive the resignation. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested a list of persons be submitted, when the Council considers an appointment to this vacancy. DISCUSSION OF BINGO REPORTS: Mayor Nee felt different recording standards are being used by the organizations reporting bingo proceeds. It was requested the staff check into this item further. PARKS AND RECREATION BULLETIN: Councilwoman Kukowski indicated in the back of the Parks and Recreation Summer Bulletin, the members of the Parks and Recreation Co�nission should not be listed as Commissioners. Mr. Qureshi stated this will be corrected for the next publication. Councilman Fitzpatrick indicated he has received favorable comments on this brochure. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 16, 1977 adjourned at 11:22 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: �'I � _ _ _ _ _ __ __ l � _. _ _ _ �(%� T0: -REP�RTMCNT NEADS Following are the "ACTIONS NEEDED." �Please have your answers back in the City ' Manager's Office by Wednesday Noon P1ay 25, 1977, Thank you. ' FRIDLEY CITY COUPJCIL — REGULAR f�IEETIPdG — h1AY 16, 1977 — 7:30 P,f�l. 1 PLEDGE OF ALLEGIANCE: 1 . 1 ' ROLL CALL: All Present PROCLAMAT I 0►� : ' ��RIDLEY '49ER r'�EEK - �UI�E Ig - �UNE 26, 1977" Week Proclaimed by Mayor Nee ' 1 ' ' 1 ' 1 F ANCE , APPROVAL QF MIfVUTES: REGULAR MEETING, ��AY 2, 1977 Approved PUBLI C NEAR I NG, l'�AY g, 1977 Approved ADOPTION OF AGEf�DA: Added to Agenda: Resignation of Michael Paripovich from the Environmental Commission Discussion of Bingo �eports OPEPd FORUM, VISITORS: �CONSIDERATIOP� OF ITEMS NOT ON AGENDA - 15 MINUTES) Authorized $219 payment to Ronald Reinhard for claim. IiCTION NEEQED: Pay $2l9 to Ronald Reinhard. Ed Wilmes talked about Island of Peace Lease Agreement. NO ACTION NEEDEO r . �- � FRIDLEY REGULAR MEETIP�G, MAY 16, 1977 ' PUBLIC HEARI(�dGS�� PAGE 2 I'' PUBLIC iiEARING ON FINAL PLAT SUBDIVISIOi� P�S� #77-02, � A REPLAT OF P�ARXEN T�RRACE, BY THOMAS E� �IARXEN; ' GENERALLY LOCATED IN THE 1600 BLOCK 01= ONONDAGA STREET AND NaRTN OF %3RD AVENUE � � � � . � � � � � � � . � � . , � . 1 — 1 E Public Hearing c]osed GINEERING AC�ION NE�DED: Put on next regular council agenda for consideration. ' � IPUBLIC HEARING ON STREET AND ALLEY VACATION REQUEST SAV #77-02, BY THOMAS E� %�AR�EN; GENERA�LY LOCATED ' SOUTH OF ONONDAGA STREET AND ��IORTH OF %3 AVE � P'� � E� �� Z— 2 B Public Hearing closed. �GINEERING ACTION NEEDED: Put ordinance on next regular council agenda for consideration. � ' OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLTSHING CH�PTER 6OZ OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING�� TN ITS ENTIRETY; AND AMENDING �HAPTER 11, SECTION I��IQ OF $AID �ODE RELATING TO LICENSE FEES. � � , , � � � . � � � . Ordinance #647 adopt�d I�C Y MANAGER ACTION NEEDED: Publish ordinance � ' ' ,,,.,. 3-3D ' FRIDLEY REGULAR P�EETIP��G, MAY 16, 1977 OLD }3USI f�dESS CCOf�T I fdUED) � CONSIDERATION OF SECOND READING'OF AN ORDINANCE AMENDING CHAPTER 6� OF THE FRIDLEY CITY CODE TO AUTHORIZE A CO3-NGRESSIONALLY CHARTERED VETERANS ORGANIZATION TO SELL L� QUOR ON Sl1NDAYS � � , , � , , � � � . � . . � . � � � � i Ordinance #b48 adopted TY MANAGER !ACTION NEEDED: Publish ordinance � PAGE 3 ,,,4 C'�ONSIDERATION OFSECOND READING OF AN ORDINANCE ADOPTING C APTER Z12 ENTITLED I��1NING, AND REPEALING PRIOR C APTER Zi2 ENTITLED MINING SAND AND GRAVEL� ��.�� 5— 5 D ' Ordinance #649 TY MANAGER ACTION NEEDED: Publish ordinance ' ' F ANCE ' � , Ew $us 1 ��ESS : ECEIVING TNE BIDS AND CONSIDERATION OF A RESOWTION A ARDING THE SALE OF �I.,lI5,OOO GENERAL OBLIGATION �S�PECIAL ASSESSMENT FUND BONDS, FIXTNG THE FORM AND PECIFICATION, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT� � � � � � � � . � � � � � � � 6 — 6 G Resolution #50-1977 adopted Received bids--awarding bid to Continental, Illinois Nat`1. Bank & Trust Co. of Chicago at 4.54205% interest rate. ACTION NEEDED: Forward Resolution #50-1977 to Continental, Illinois. � 1� 1 FRIDLEY REGULAR MEETING, MAY 16, 1977 NEW BUSIiVESS CCO"JTI(dUED) � PAGE 4 ' RECEIVING PETITION #5-19�% REQUESTING ELIMINATION OF HAZARDS CAUSED BY T��ENARDS CASHWAY LUMBER LOCATED AT ' S351 CENTRAL AVENUE �d,E, , , , , , , , ,. , , , . , , , , , , , 7 — 7 M Discussion--residents and Menard's met in conference room. GINEERING ACTION NEEDED: Staff to check hazards to make sure they are eliminated. ' �' _ DISCUSSION WITH HOLIDAY VILLAGE NORTH; OPERATION AND ' MAINTENANCE OF THEIR FACILITY� � � � � . � � � . , � � � � � . $ — S A GINEERING ACTION NEEDED: Staff to work wiih Holiday Village �1anager and report back in about six weeks. � �J � CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E� MARXEN � � � � � � � � � � � � , � � � � � � � � � � � � � � . 9 Ordinance approved on first reading �INEERING ACTION NEEDED: Put ordinance on next regular meeting for second reading. ' ' ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-0� BY CLIFFORD i'�1STALSKI; GENERALLY LOGATED AT SgOl 6TH STREET I`��E� ��, 10 — 10 A � Ordinance approved on first reading ENGINEERING ACTION NEEDED: Put ordinance on next regular meeting for second reading. ' , � �� 11 '1 FRIDLEY REGULAR MEETIPlG, MAY 16, 1977 NEW BUSINESS (CONTINUED) PAGE 5 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CI�APTER Ig ��CONTRACTORS��, SECTION 1$ � O3 "REQUI REMENTS`� <<�� 11 �' Ordinance approved on first reading ENGINEERING ACTION NEEDED: Put ordinance on next regular meeting for second reading. '� � ' L� ' , CONSIDERATION OF FIRST READING OF AN ORDINANCE TO REPEAL OLD CHAPTER 3O2 OF THE FRIDLEY CITY CODE, ANIMAL CONTROL, AND TO ESTABLISH A P�EW CHAPTER 3O2 OF THE FRIDLEY CITY CODE, AN I MAL CONTROL � . � � � � � � � � � � � , � � � � � � � IZ - 12 G Ordinance approved, with changes, on first reading LICE ACTION NEEDED: ' NANCE � ' ' r Make changes and put ordinance on ne;:t regular meeting for second reading. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND �HAPTER li 0� THE �ITY �ODE OF THE �ITY OF FRIDLEY� �� 13 - 13 B Ordinance approved on first reading ACTION NEEDED: Pu� ordinance on next regu7ar meeting for second reading. RECEIVING THE ��IINUTES OF THE PLANNING COMMISSION ��EETING oF f�IAY 4, 1977 , , , , , , , , � , � , , , , , , , , , , , , , 14 - 14 LL l. Gary Peterson ZOA #77-01; 1326-28 Osborne Rd., 1344-46 Osborne Rd. and 1345-47 Meadowmoore Drive and 1331-33 Meadowmoor Dri ve . . . . . . . . . . . . . . . . . . . . . . Planning Comm. Recommendation: Denial Council Action Re uQ ired: Set public hearing for June 13 and receive Petition #4-1977 in opposition to rezoning H2aring Set for June 13, 1977. ' ENGINEERING ACTION NEEDED: Make arrangements for hearing ' 14A-14L &14HH-14LL 0 0 FRIDLEY REGULAR P�1EETING, MAY 16, 1977 NE�J BUSINESS (CONTIf�UED) �PLANNING COMMISSION r`�1NUTES CONTINUED) 2. Iwen Terrace, P.S. #77-03, A.T. Gearman. . . . . . . . . . . . 14L-14U Planning Comm. Recommendation: Approve with stipulations & 14MM Council Action Required: Set public hearing f�r June 13 Hearing set for June 13, 1977 � GINEERING ACTION NEEDED: P1ake arrangements for hearing � 3. Norton Avenue Homesites, P.S. #77-04, Wyman Smith. ..... 14U-14W Planning Corr�n. Recommendation: Approve & 14NN Council Action Required: Set public hearing for June 13 � Hearing set for June 13, 1977 �GINEERING ACTION NEEDED: Make arrangements for hearing � ' � PAGE 6 4. Appeals Commission Meeting of April 26, 1977 A. Craig Willey, 6694 Fridley Street N.E. ....... .. 14UU-14DDD Appeals Comm. Recommendation: DeniaT & 14HHH-14LLL Council Action Required: Consideration of recommenda- tion and Receiving Petition #7-1977 in Opposition Request denied because of lot size �INEERING ACTIQN NEEDED: Inform applicant of Council denial ' RECEIVING THE r�1NUTES OF THE CABLE TELEVISION COMMISSION � �EETING OF APRIL 2%, 1977, , , , , , , , � � � � � � � � � � � , 15 - 15 F Minutes received � E�INEERING ACTION NEEDED: File minutes for future reference. �' ' � � ' FRIDLEY REGtJLAR MEETING, h9AY 16, 1977 � iVEW BUSINESS (COiVTIi3UED) � � CONSIDERATION 0� REAPPROVAL OF INNSBRUCK VILLAGE SECOND aDDITION �PREVIOUS APPROVAL DECEMBER 2�, 1976). � � , , � . � � Reapproved � NGTNEERING ACTION NEEDED: Inform ap�l�cant of Co�ncil action PAGE 7 16-16A �' RECEIVING BIDS AND AWARDING CONTRACT FOR SEWER, �`JATER AND � STORM SEWER PROJECT �121� � � � � � � � � � � . � � . � � � � . 17 - 17 B � Received bids and awarded bid to Kenko, Inc.--the law bidder. GINEERING ACTION NEEDED: Inform Kenko, Inc. i CONSIBERATION OF APPROVAL OF CHANGE ORDER �rl: STREET '' IMPROVEMENT PRO�ECT ST. 1977-1 � 2 � � . . � � � � . � . � � � � I$ — Ig B ' Tabled � ENGINEERING ACTION NEEDED: Put on regular agenda of June 6, 1977 � ' ' N� I�' i APPROVTNG SALE OF TAX FORFEIT PROPERTY� � . . � � . � � � � . , 19 - 19 E Approved Remove all lots 40' or less (except Lot 10, Block 2 Onaway Addition) ACTION NEEDED: Execute document and forward to Anoka Co�nty. I_ . FRIDLEY REGULAR �`1EETIPJG, MAY 16, 1977 f�EW BUSI��ESS (COrdTINUED) PAG E 8 CONSIDERATION OF � RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISIIVG FOR BIDS: STREET IMPROVEMENT PROJECT ST, 1977-1Q CSEALCOATING)� , � � � , � , , , � � � � � , 2Q - 2Q $ Resolution No. 51-1977 adopted INEERING ACTION NEEDED: Proceed as authorized � CONSIDERATION OF A RESOLUTION �iUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSNiENTS ON OUTLOT 1 AND �UTLOT 2�EX, PARCELS 6��, �� AND 750), ��OORE �AKE HI GHLANDS 4TH � � � � , � � ,. , , � � � � � � � � � � � � � � � � ZI - ZI A Resoiution No. 52-1977 adopi:ed ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON Lo-r 32, AUDITOR�S SUB� ��0, 192, AND APPORTIONING INTO DELEIER ADDITION� �� 22 - 22 A Resolution No. 53-T977 ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING TNE SPLITTING OF SPECIAL �1SSESSMENTS ON PARCEL IHOO, $ECTION 3 AND aPPORTIONING INTO PARCELS ISOO AND 1900, SECTION 3, , , , , , , , , , , , , , , , , , , , , , , , , , , , 23 — 23 A Resolution No. 54-1977 . ACTION NEEDED: Proceed as authorized ' � ... �I NANCE FRIDLEY RE�ULAR i��cETI(VG, MAY I6, 1977 NEW BUS I iJESS (COi��T I PJUED) PAGE 9 CONSIDERATION OF A RESOLUTIQN AUTNORIZING AND DIRECTING THE SPLITTING OF SPECIAL �SSESSMENTS ON PARCEL 3000, $ECTION 2, AND APPORTIONING INTO PARCELS 3300 AND 3400, SECT I ON Z � � , � , � � � , , , , � � , � � � . � . � . � � . � � Z4 Resolution No. 55-1977 adopted ACTION NEEDED: Proceed as authorized • II' APPOINTMENT � CITY EMPLOYEE � � � � . � � � � � � � � � � � � � � Z5 Approved I ITY MANAGER ACTION NEEDED: Inform Accounting .. LICENSES, , , , , , , , , , , , , , , , , , , , , , , , , , , , 26 - 26 E ' Approved FINAPICE ACTIQN NEECED: , ' �I NANCE � Issue licenses as approved �LA I MS � � � � � � � � � < < . . � . . � . . � � � � � � . � � � 2% Approved � ACTION NEEDED: Pay claims as approved ' EST I MATES � ' , 1 ' . . � � � � � � � � � � � � . � � � � � � � � 28 — ZS B Approved INANCE ACTION NEEDED: Pay estimates as approved Resigna�ion of Michaei Paripovich from the Environmental Commission. Received TY MANAGER ACTION NEEDED: Put appeintment on next regular agenda for new Environmental � Commission member. Discussion of Bingo Reports F NANCE ACTION NEEDED: Staff to check further ' FRIDLEY CITY COUNCIL MEETZNG � I'PLEASE STGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: �� ^ � NAME ADDRESS ' ITEM NUMBER ------------------------------------------------------------------------------------------------ ----- --------------------------------------- �. J �� lJC " . ------------------------------ ----- ----------- ��GC� �/ � -� -�/ �. � c l �2, � ��- � � �s' � �' , � � ,;� � .�c-�2 � r � � � L '�.'� r �� _ C � ` �� . / ,,:,-. ,� n ,�a . _ � � � ,�. % O .�� . j � � �-�—. ��.,�.�,�� l4 —�- ��1�� d FRIDLEY CIIY COUPdCIL — REGULAR f�EETIPJG — h1AY 16, 1977 — 7:30 P.f�, PLEDGE OF A�LEGIANCE: ROLL CALL: � PROCU�MATIO►� : "FRIDLEY '��ER i"��EK - �Uf�E 19 — .)UNE ��, 1977" APPROVAL OF �IINUTES: REGULAR MEETING, ��AY 2, 1977 PUBLI C HEAR I NG, I`�AY 9, l9?7 ADOPTIOT� OF AGENDA: OPE�J FORU�1, VISITORS � tCONSIDERATIQN OF ITEMS NOT ON AGENDA - 15 MINUTES) FRIDLEY REGULAR MEETIP��G, MAY 16, 1977 PAGE 2 PUBLI C HEAR I f��GS : PUBLIC �iEARING ON �INAL PLAT SUBDIVISION P,$� #77-02, A REPLAT OF ��ARXEN TERRACE, BY THOMAS E� I IARXEN; GENERALLY LOCATED IN THE 1600 BLOCK OF ONONDAGA STREET AND NORTH OF %3RD AVENUE. � . � , . . . . . . � , � � � . � � 1 - 1 E s PUBLIC HEARING ON STREET AND ALLEY VACATION REQUEST SAV #77-02, BY THOMAS E� MARX�N; GENERALLY LOCATED SOt1TH OF ONONDAGA STREET AND i�ORTH OF 73 Av� ��', � E� ��.�,� Z- Z� �LD BUS I iVESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHTNG CHAPTER COZ OF THE FRIDLEY CITY CODE ENTITLED �`BEER LICENSING`� IN ITS ENTIRETY; AND AMENDING �HAPTER 11, $ECTION 11�1� qF SAID �ODE RELAT I NG TO LI CENSE FEES , � . � � , , , , , � � � , , . � . . 3 - 3 D ' I FRIDLEY REGULAR P�EETI��G, h1AY 16, 1977 ' QLD l3US I (��ESS (CONT I (JUED) PAGE 3 ' CONSIDERATION OF SECOND REApING OF AN ORDINANCE AMENDING CHAPTEf2 �O3 OF THE FRIDLEY CITY CODE TO AUTHORIZE A ,' CONGRESSIONALLY CHARTERED VETERANS ORGANIZATION TO SELL LI GtUOR ON SUNDAYS � � � � � . � � � � � � � � � � � � � � � � � 4 ' ' ' v CONSIDERATION OFSECOND READING OF fiN ORDINANCE ADOPTING ' CHAPTER ZIZ ENTITLED I��1NING, AND REPEALING PRIOR . CNAPTER Z12 ENTITLED MINING SAND AND GRAVEL� ,�.�� 5— 5 D 1 1 � , NE�! BUS I idESS : ' RECEIVING TNE BIDS AND CONSIDERATION OF A RESOLUTION AWARDING THE SALE �F �1,115,000 GENERAL OBLIGATI�N SPECIAL ASSESSMENT FUND BONDS, FIXING THE FORM AND I $PECIFICATION, DIRECTTNG THEIR EXECUTIQN AND DELIVERY � AND PROVIDING FOR THEIR PAYMENT� � � � . � � � . � � . � � � � 6 - 6 G � I , � FRIDLEY REGULAR MEETING, MAY 16, 1977 NEW BUSI i�ESS (CO"JTIf�UED) PAGE 4 RECEIVING PETITION #5-I9%% REQUESTING ELIMINATION OF HAZARDS CAUSED BY �`�ENARDS CASHWAY LUMBER LOCATED AT 5351 CENTRAL �IVElVUE �d.E, � . . . . . . . . . . . . . . . . . . 7 — 7 M • DISCUSSION 4NITN HOLIDAY VILLAGE l��iORTH; OPERATION AND MAINTENANCE OF THEIR FACILITY� � � � � � . . � . � � . . . � � S - $ A CONSIDERATION OF FIRST READING OF �N ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E� MARXEN � � � � � � . � . � � � , � � . . . . � � . . � . . � . 9 CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY �ACATION SAV #77-01 BY �LIFFORD I''�1STALSKI; GENERALLY LOCATED AT 5�01 6Tr� STREET I`� � E. ....�....� 10 — 10 A ' �.u�, , ' ' 1 ' ' ' �_ J ' � � ' � � ' ' ' ' FRIDLEY REGULAR MEETIPJG, MAY 16, 1977 �IEW BUSINESS (C0�lTINUED) PAGE 5 CONSIDERATION OF FIRST READING OF AN ORDINANCE Ah1ENDING CHAPTER 1g ��CONTRACTORS��, SECT I ON 18 , 03 ��REQU I REMENTS�� 11 CONSIDERATIO�! OF FIRST READING OF AN ORDINANCE TO REPEAL OLD CHAPTER 3OZ OF THE FRIDLEY CITY CODE, ANIMAL CONTROL, AND TO ESTABLISH A i�EW CHAPTER 302 OF THE FRIDLEY CITY _ CODE, AN I MAL CONTROL � � , � � � � � � � + . � � � � � � � � � IZ - 12 G CONSIDERATION OF FIRST REI�DING OF AN ORDINANCE TO AMEND �HAPTER 11 OF THE �ITY �ODE OF THE �ITY OF FRIDL�Y� � �� 13 - 13 B RECEIVING THE �'�INUTES OF THE FLANNING COMMISSION �'�EETING oFMAY4,1977,,,,,,,,,,,,,,,,,,,,,,,, 14-14LLL 1. Gary Peterson ZOA #77-01; 1326�28 Osborne Rd., 1344-46 Osborne Rd. and 1345-47 Meadowmoore Drive and 1331-33 Meadowmoor Dri ve. . . . . . . . . . . . . . . . . . . . . 14A-14L Planning Comm. Recommendation: Denial� &14HH-14LL Council Action Required: Set public hearing for June 13 and receive Petition #4-1977 in opposition to rezoning ' . ' FRIDLEY REGULAR P��EETIPdG, MAY 16, 1977 � NEW �USINESS (CONTI��UED) (PLANNIN� COMMISSION P'�1NUTES CONTINUED) 2. Iwen Terrace, P.S. #77-03, A.T. Gearman. . . . . . . . . . . . 14L-14U �� Planning Comm. Recommendation: Approve with stipulations & 14MM Couneil Action kequired: Sei public hearing for June 13 ' � PAGE 6 ' 3. Norton Avenue Homesites, P.S. #77-04, Wyman Smith. ..... 14U-14W , Planning Corr�n. Recommendat�on: Approve & 14NN Council Action Required: Set public hearing for June 13 ' ' ' 4. Appeals Commission Meeting of April 26, 1977 , A. Craig Willey, 6694 Fridley Street N.E. . . . . . . . . . . T4UU-140DD Appeals Comm. Recommendation: Denial & 14HHH-14LLL , Council Action Required: Consideration of recommenda- tion and Receiving Petition #7-1977 in Opposition � , . RECEIVING THE ��1NUTES OF THE CABLE TELEVISION COMMISSION ' I�EET I NG OF APR I !. Z� � 1977 , , , , , , , , , , , , , , , , , , , , 15 — 15 F 1 i1 11 FRIDLEY REGULAR MEETI(dG, �1AY 16, 1977 � PAGE 7 i�Ew BUSINESS (COl�TIi3UED) CONSIDERATION OF REAPPROVAL OF INNSBRUCK VILLAGE SECOND ADDITION �PREVIOUS APPROVAL DECEMBER 2�, 1976)� � � � � � � � � 16 — 16 A RECEIVING BIDS AND A6VARDING CONTRACT FOR SEWER, I"�ATER AND $TORM SEWER PRO� �cT #121 � � � � � � � � � � � � � � � � � � . � 17 — 17 B CONSIDERATION OF I;PPROVAL OF CHANGE ORD�R �rl: STREET IMPROVEMENT PRO�EC�- ST. 1977-1 & 2 , , , , . , , � , , . , , , , 18 — 18 B APPROVING SALE OF TAX FORFEIT PROPERTY� � � � � � � � . � � � . 19 — 19 E FRIDLEY f�EGUL�R (`1EETIP�JG, MAY 16, 1977 f�EW BUSI�dESS (COfJTINUED> PAGE 8 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, �iPPROVAL OF PLANS AND ADVERTISING FOR BIDS: STREET IMPROVEMENT PROJECT ST� I9%%-1O CSEALCOATING). � � � � � � � � � � � � � � � 2� - 2� B CONSIDERATION OF A RESOLUTION FiUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON OUTLOT 1 AND OUTLOT Z�EX� PARCELS 6�50, �t�0 AND 750), �`�OORE �AKE iiIGHLANDS 4-��, , , , , , , , , , , , , , , , , , , , , , , , , , 21 — Z1 A r CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING , THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 3Z, AUDITOR`S SUB� ��0, 192, AND �PPORTIONING INTO DELEIER ADDITION� �� 22 — 22 A ' � � � ' ' CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL �iSSESSMENTS ON PARCEL IgOO, $ECTION 3 AND APPORTIONING INTO PARCELS I$OO AND 1900, SECTION 3 . . . . . . . . . . . . . . . �, , . . , , , , , , , , . 23 — 23 A � , FRIDLEY REGULAR i`�EETIiVG, MAY 16, 1977 PAGE 9 1 NEW BUSIi�ESS (COi�JTIf�dUED) ICONSIDERATIOt� OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON P/�RCEL 3000, � SECTION 2, AND APPORTIONING INTO PARCELS 3300 AND 3400� $ECT I ON 2 � � . � � � � � � � � � � � � � � � . � � , . . � . . . Z4 ' i i . APPOINTMENT -~ CITY EMPLOYEE� � � � � � � � � � � � � � � � � � . 25 � ' � � LI CENSES , , , , , . , � , , , , , , , , , , , , , , , , , , , , 26 — 26 E � � �LAIMS. � � � � � � � � � � � � � � . � � � � � � � � � � � � . 2% ' ' ' ESTIMATES � � � � � � � � � � � � � � � . � . � � � � � � � � � � Zg - 2g B � � ADJOUR�� : 1 ' , . 1 ,, .. . 0 s r € � �- � � F E" r.> � } ;. � � � ;; -: ► ^ :� _ .. . r . r �1 . � .� � �� , .dy FRIDLEY '49ER 1��EEK, a_977 Wiliiam J. Nee ' Mayor Fridley, M N. � IJHEREAS : the Fri dl ey ' ��9ers were orc7ani zed i n? 974 �io corrr�nnemorate the 25th Anniversary of Fridley; and WHEREAS: from that original �roup a number of individuals met under � the auspices o� the Fridley Chamber of Commerce to form the nucleus of the organization that coordinated the first Fridley `49Pr Days in June, i975; and , � � � � �_l WHEREAS: WHEREAS: tJHEREAS : the Fridley '49ers are made up af representatives from civic organizations in Fridley ��ho join together to be�ter provide civic events; and the Fridley '49ers serve the valuable puroose of civic spirit and cohesiveness; and the members of the Fridiey '49ers will give generously of their time, energy and talents to provide the celebration events of the Fridley '4Qer Days on June 23 - 26, PdOW, THEREFORE, I 4�li 11 i am J. Nee, Mayor of the Ci ty of Fri dl e,y, Mi nnesota , do hereby proclaim the week of June 19-26, �977, as FRIDLEY '49ER t�IEEK in the City of Fridley, and ur�e the citizens of Fridley to take part in the planned celebration activities. �� ,�� ' �" � � (t � lky�� Y .�5, ; ��;�.` � �� '� � � . � � �/ ��, . . i �� *; � � `± i .1?► � V �P� � ; A�.l. �J; Y � � �� 1":_°4' �yyc.��i �_. � � . �: � �, ; ; � i y` ��'f �� , ' ��,�d�. IN I�JITNESS tdHEREOF, I have set my hand and caused the Sea1 of the City of Fridley to be affixed th�s lEth day of May, 1977. V�IILLIA"1 J. NEE, MAYOR 2� ' � � � i � � � � � � � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNGIL OF MAY 2, 1977 The Regular Meeting of the Fridley City Council of May 2, 1977 was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEFiBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARINf MEETING OF APRIL 11, 1977: MOTION by Councilwoman Kukowski to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF APRIL 18, 1977: Councilman Schneider requested the following paragraph be added at the end of the item "Consideration of Installation of Street Light on Meadowmoor Drive." "Council- man Schneider stated that the residents in the Pleadowmoor area were unhappy with the Gity services they have been receiving. He noted the complaints voiced in the April 6, 1977 Planning Commission minutes and requested that the rest of the Council review these complaints. He said he hoped the approval of this street light was the first step in improving the City's image in the Meadowmoor area." Councilman Fitzpatrick requested that the second paragraph concerning this same item be checked with the tape and rewritten to incorporate the general idea that he is concerned about a precedent being set. On page 10, third to the last paragraph, it was noted the motion was made and seconded by the same person and correction should be made to show the motion was made by Councilman Schneider, seconded by Councilman Fitzpatrick. MOTION by Councilman Hamernik to approve the minutes as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Fitzpatrick requested an item be added under "New Business" for "Consideration of a Resolution to the Legislature on Subject of Patrolman Salaries." MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ENERGY MEETING OF MAY 3, 1977: Mr. Jim Lan9enfeld, Chairman of Environmental Quality Commission, appeared before the Council relative to the Council co-sponsoring an educational type program concerning energy to be held at the City Hall on May 3. Mr. Langenfeld introduced Ms. Connie Metcalf who presented additional information ' to the Council about the proposed meeting. She indicated she had attended a similar meeting in Edina in which a Professor from the college of St. Thomas presented information on types of fuels, uses of energy, and how supplies will affect the world. She felt the meeting was very informative and asked the Council's support ; � REGULAR MEETIN6 OF MI�Y 2, 1977 PA6E 2 in co-sponsoring the meeting, which is to be held at the City Hall on May 3 at 7:30 p.m. She encouraged all interested persons to attend the meeting and participate in the program. MOTION by Councilman Fitzpatrick to concur with the Environmental Quality Commission's recorrrnendation and authorize co-sponsorship of the program to be held at the City Hall on May 3, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FREEWAY BARRIERS: Mr. Leonard Y.os, 5468 Altura Road N.E., appeared before the Council to voice his concern about the construction of the freeway noise barrier at the southwest corner of I-694 and Highway 47. He stated he felt the barrier is inadequate, as presently designed, in reference to the heiyht of the structure. It was his opinion the barrier is designed to handle the freeway noise on the ramps, and not the general freeway noise. He indicated other residents of his area have expressed the same concern about the inadequacy of the barrier. Mr. Sobiech, Public Works Director, stated the barriers are designed by the State Highway Department; however, he suggested Mr. Kos' questions be brought to the attention of the Highway Department. Mayor Nee stated the City would contact the Highway Department regarding Mr. Kos' Comments. B. D. BROTTLUND, SP #77-03, 6435 37 EAST RIVER ROAD: Mr. Sobiech indicated to the Council that Mr. Brottlund had requested this item be tabled until he has had an opportunity to meet with residents of the area and; therefore, he suggested the Council may 4;ish to advise any persons in the audience present for this particular item, whether action will be taken or if Mr. Brottlund's request will be honored and the item tabled. One person was present for this particular item and after discussion by the Council, it was agreed to consider the item in the order it appears on the agenda. OLD BUSINESS: ORDINANCE N0. 645 - ESTABLISHING CNAPTER 511 OF THE CITY CODE OF THE CITY OF fRIDLEY ENTITLED TRAFFIC, SHOPPING CENTERS: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 645 and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Councilman Schneider stated there is a bill in the Legislature which would, in effect, provide the same regulations as this ordinance. UPON A VOICE VOTE, TAKEN ON TNE A80VE MOTION, ail vating aye, Mayor Nee deciared the motion carried unanimously. ORDINANCE N0. 646 - AMENDING CHAPTER n05 ENTITLED CABLE TELEVISION FRANCHISE: MOTION by Councilman Namernik to waive the second reading of Ordinance No. 646 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: IDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CNAPTER 602 OF THE FRIDLEY CODE ENTITLED "BE[R LICENSING" AND REPEALING THE PRESEfJT CHAPTFR 6n� FNTTTIFfI ii�u Hivu HI"ICIYUIIVU I,YiHNItK ��, �tl,�IUIV II,IU UF SAID CODE RE Mr. Qureshi, City Manager, stated Section 602.11, Subdivision 5, should be changed to eliminate the words "unless in the company of his parent or guardian" and substitute the words "on the licensed premises," so as not to be in conflict with other sections of the ordinance. . _ ; _ __ _ _ _._ � REGULAR MEETING OF MAY 2, 1977 • PAGE 3 � � � � � � �J �� Councilman Schneider indicated there was no provision in the ordinance to notify persons i"n the i�nediate area that a beer license is being considered. ` Mr. Qureshi stated this was discussed at the staff level and felt the appropriate control shouid be in the Zoning Qrdinance. Councilman Fitzpatrick also felt, if an establishment intends to sell beer, residents in the irrmediate area should be notified. P1ayor Nee questioned if there was any urgency in acting on this ordinance. Mr. Herrick, City Attorney, explained when the Entertainment Ordinance was adopted on first reading, one of the provisions was to repeai the ordinance on iicensing, as it pertains to beer establishments, so while there may not be an urgency to act at this meeting, he felt action should be taken soon. MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to amend the ordinance by eliminating the words, "unless in the company of his parent or guardian," under Section 602.11, Subidivision 5 and substitute the words "on the licensed premises." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. RATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 603 OF THE FRI MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�eusly. CONSIDERATION OF FIRST READING OF Flht ORDINANCE ADOPTIh!G CHAPTfR 212 ENTITLED MINING, AND REPEALINr PRIOR CHAPTER 212 ENTITLED P1ININr, SAND AND f,RAVEL: MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Counciiman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST OF KNIGHTS OF COLUM6US TO USE BINGO PROCEEDS TO PAY OFF MORTGAGE ON THEIR BUILDING AND P1AKE IMPROVEMENTS ON BUILDING: Mr. Arnold Keller appeared before the Council regarding this request from the Knights of Columbus to use bingo proceeds to pay off the mortgage on their building at 6831 Highway 65 and to make improvements on the building. Councilwoman Kukowski questioned if the Knights of Calumbus would be coming io the Council periodically for similar requests. Mr. Keller stated they would have to come back with a request for use of bingo proceeds for furnishing the downstairs office. Mayor Nee questioned if the City receives a report on how the proceeds from bingo are disbursed. Mr. Brunsell, City Clerk, stated a quarterly report is received from anyone who conducts bingo games in the C.ity. Mr. John Yenck stated the Knights of Columbus by-laws state that 10% of all proceeds from bingo must be transferred to the Charity Committee. He further indicated their auditor has stated they meet requirements of the State law, as far as meeting the charitable qualifications. Mr. Herrick felt the City should receive documentation from groups conducting bingo to show they are meeiing minimum qualifications.� ._ REGULAR PIEETI NG OF MAY 2, 1977 7 a i PAGE 4 MOTION by Councilman Hamernik to approve the request of the Knights of Columbus to use bingo funds to pay off the mortgage on their building, to make improvements to the building, and to provide office furnishings, for a total amount of $14,200, on a one-time basis. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested copies of the reports received from the Knights of Columbus be submitted to the Council. DISCUSSION OF POSSIBLE [Y.TENSION OF LEASE AGR[EMENT BETWEEN CITY OF FRIDLEY AND ISLANDS Of PEACE FOUNDATION AND STATUS OF NAYES LOTS DISCUSSION OF A RESOLUTION IfJ SUPPORT OF BILL APPROPRIATING FUNDS FOR THE ISLANDS OF PEACE, INCORPORATED: Mr. Jim Langenfeld, President of the Islands of Peace Foundation, appeared before the Council regarding the extension of the lease agreement between the City and the Islands of Peace Foundation. Ne requested the Council consider extending the lease for a 99 year period. He indicated the Foundation would like a long lease agreement than it now has, and felt this would also give the Legislature assurance of the City`s intent. Mr. Langenfeld also stated the foundation �aould like the City to purchase the entire hayes lots or pay the principal and interest for the on-coming year which is due on August 20, 1977. He explained these monies could then be diverted to other areas. Mr. Herrick, City Attorney, felt the key is whether. legislation is approved by the State to provide funding to the Foundation. If it is not approved, the questions arise regarding the August 20, 1977 payment, and if the City is going to firance this out of general revenue funds. Mr. Herrick felt this was not the intent when the project started. Councilwoman I;ukowski felt the item regarding the Hayes lots would be discussed at the Conference Meeting and asked members of the Board of the Islands of Peace Foundation to be present. MOTION by Councilwoman Kukowski to ta61e the item on the Hayes lots to the May 23 Conference Meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. In further discussing the lease agreement, it was suggested a resolution be directed to the State Legislature in support of House File ]5 and Senate File 100 for appropriation of funding tu impreve the '"Islands of Peace" and indicating the City's position regarding a lease with the Foundation to operate these facilities for a certain period of time. Mr. Herrick was requested to draft a resolution for submission later in the meeting. CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT REQUEST BY FRIDLEY METHODIST CHURCH: Mr. Sobiech, Public Works Director, explained this is a request by the Fridley Methodist Church to allow encroachment into an existing easement with the vacation procedure to follow. Mr. Sobiech felt there was no problem with the encroachment, as long as property to tha west can be used for the new easement. , MOTION by Councilman Schneider to authorize encroachment of the public easement by ' the Fridley Methodist Church until vacation proceedings are completed. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion , carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COPIMISSION MEETING OF APRIL 20, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Meeting of April 20, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARK METROPOLITAN INVESTMEtJT FUND: 7300 - 7320 UPIIVERSITY AVENUE, CAR WASH; LS #77-02: Mr. Sobiech s�ated this request is for a lot split en an existing parcel of property located at the northwest corner of 73rd and University Flvenues. He stated a special use permit was granted for this property in 1970 and at the time there was discussion regarding single ownership of the two structures on the parcel of land. It was REGULAR MEETING Of MAY 2, 1977 PAGE 5 noted on the building permit that, if the buildings came under individual ownership, a lot split would need to be considered by the Council. Mr. Sobiech stated, in conjunction with this item, there is also a request for a variance to reduce the side yard setback from 15 feet to 5 feet. The variance request is also on the Council's agenda this evening for their action. Councilman Schneider questioned if there was a problem as far as driveway access. Mr. Steve Coddon, representative of Park Metropolitan Investment Fund, indicated there was no conflict with the driveway for the properties. Mr. Sobiech stated all requirements of the ordinance are met, with the exception of the side yard setback of 15 feet. MOTION by Councilman Hamern9k to concur with the recommendation of the Planning Comnission and grant Lot Split �77-02 to Park Metropolitan Investment Fund for property at 7300 - 7320 University Fvenue. Seconded by Councilman Schn2ider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF APRIL 12, 1977: The Council received the minutes of the Appeals Commission of April l2, 1977 and considered the following item in conjunction with Lot Split #77-02. PARK METROPOLITAN INVESTMENT FUND, 7300-7320 UNIVERSITY AVENUE, CAR WASH: This request is for a variance of the side yard setback requirement of 15 feet to 5 feet for property at 7300-7320 University Avenue. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance of the side yard setback requirement, with the stipulation that proper upgrading and maintenance of landscaping be provided. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee derlared the motion cai,ried unanimously. CANADIAN fIPJFlNCE CORPORATION, SP #77-02: Mr. Sobiech explained this special use permit is for property east of the City Hall to allow for construction of housing for the elderly in a single family zoning. Mr. Sobiech stated this request wasprocessed through the Planning Commission and a public hearing held by the Planning Commission with extensive review by the Planning, Human Resources, and Community Development Commissions. Approval was recommended by the Planning Commission with the stipulations that the agreement regarding maintenance and development of the site be executed. � Mr. Qureshi, City Manager, then reviewed the items covered in the agreement to which Canadian Firance Corporation has indicated agreement. lie indicated that the cencerns mentioned at the Community Development, Human Resources and Planning Commission meetings have been taken into consideration in the porposed agreement. � � � � � Councilman Schneider questioned if the City envisions any assessments to property owners on 5th Street or Mississippi Street or the adjacent area. Mr. Qureshi stated no assessments are anticipated and he does not foresee the need for a special assessment project. He noted provision has been made for ponding on the property to handle run-off water from storms. Councilman Schneider stated he was impressed with a similar development in Golden Valley, but questioned the parking and services of the Social Services Director. Mr. Kahn, representing Canadian Finance Corporation, indicated the parking which will be provided is adequate and stated the Social Services Director will be full time. , ; l_ _ __ _ __ _ _ _ ._ _ _ _ _ ___ ___ __ 1 � ' i REGULAR MEETING OF F�1Y Z, 1977 PAGE 6 :��.) Councilman Hamernik stated he wanted to congratulate Canadian Finance Corporation for their fine public relations in working with the City to develop this plan. MOTION by Councilman Namernik to concur with the recommendation af the Planning Commission and grant SP #77-02 toCanadian Finance Corpora�ion with the stipulation that the proposed agreement be executed regarding development of the site. Seconded by Councilman Schneider. Ms. Gladys Peek, 1047 North Circle, Fridley Terrace Mobile Home Park, indicated she was happy the Council was considering approval of this plan as she felt there was a great need in Fridley for housing for the elderly. Mr. Earl Ellenwood, 1060 South Circle N.E., Fridley Terrace Mobile Home Park, felt this development would be an asset to the community and indicated he was in favor of i t. Ms. Pat Brennen, 6716 7th Street N.E., from the League of Women Voters, felt low cost housing should be arailable not only for senior citizens, but also for low and moderate income people. She questioned whac percentage is available for low income persons. Mr. Kahn stated it is their intention to apply for rental assistance in both the senior citizens and family unit complex. Mr. Nick Garaffa, 6750 Monroe Street, questioned if there was a path around the pond to which the Council answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE hi0TI0N, all vot�ng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to receive the correspondence from the Anoka County Commissioners in support of t:his development. Seconded by Councilman Schneider. Upor, a voice ��ote, all voting aye, Mayor tJee declared the motion carried unanimously Mr. Kahn stated they haven't worked in a City that has been more cooperative in meeting the needs of the community and felt the changes made in the plan have been to the advantage of the project and tne cor�munity. He stated they would continue to cooperate in any way they can to make the project a success. Mr. Kahn indicated they would be submitting an application to the State for funding on the elderly building and felt a resolution from the Council would be helpful. Persons present at the meeting were given the address on where to write the State to indicate their support of this development. B. C. BROTTLUND, SP #77-03, 6431-33 & 6435-37 EAST RIVER ROAD: Mr. Sobiech stated this is a request for a special use permit to a11ow construction of two duplexes a.t 6431-33 and 5435-37 East River Road in an R-1, single family zoning district. Mr. Sobiech stated the petitioner has requested this item be tabled until he has an opportunity to meet with property owners in the area. MOTION by Councilwoman Kukowski to receive Mr. Brottlund's letter requesting this item be tabled. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and deny SP #77-03 as filed by Mr. Barry Brottlund, as no hardship has been shown. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tne motion carried unanimously. MARXEN TERRACE REPLA'f, P.S. #77-02: The Council +rJas requested to set a public hearing on this item. MOTION by Councilman Schneider to set the public hearing for May 16, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I � � �4 REGULAR MEETING OF MAY 2, 1977 THOMAS MARXEN, SAV #77-02: The Council was requested to set a public hearing on this vacation request. PAGE 7 M07ION by Councilman Schneider to set the public hearing !'or May 16, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, b1ayor Nee declared the motion carried unanir�ously. GOALS AND OBJECTIVES: ACCESS, COMMUNITY VITALITY, AND FORMAT: � MOTION by Councilman Schneider to circulate this item to the various civic organizations for the comments to have further discussion at the Council's Conference Meeting on May 23, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. � � R. D. RIGNELL, 1171 LYNDE DRIVE, SWIMMING POOL FFNCE: Mr. Sobiech stated this is a request for a variance to allow the applicant, Mr. Rignell, to use an existing six foot horizontal redwood climbable fence as an enclosure for a swimming pool at 1171 Lynde Drive N.E. The AppeaTs Conunission reviewed this item at their April 12, 1977 meeting and recommended denial. � Mr. Rignell appeared before the Council regarding his request for a variance to use the existing fence. He felt this fence is not climbable for toddlers and that he is being faced with the problem of constructing a barrier that is non-climbable to all children in the area. He indicated orly one neighbor has objected to the � variance, but understood that persons not living in his same block are objecting to the present fence. Mr. Rigne7l �e7t it was „ot 'r�is responsibility to protect older children, who could leave their yards, from his pool. The City Attorney was questioned as to the City's liability. Mr. Herrick, City Attorney, siated the City has a responsibility, if they are going to permit privat? pools in a R-1 area, to require a minimum protection against children who are below the age of reason or discretion from stumbling into the pool or drawn to what is commoniy referred to as an "attractive nuisance" for children. He stated obviously a fence couldn't be built that would prevent teenagers from entering the pool and explained the term "climbable" is a fine line. He stated there was a lengthy discussion about the fence issue when the ordinance was adopted and there was a request there be no handholds or footholds. He felt there had to be a standard and the ordinance enforced uniformly. Mr. Sobiech asked Mr. Rignell if he had considered filling in the gaps to make it a solid board-on-board fence which would be more unclimbable. 61r. Rignell stated he did not feel he should have to as he felt it is unclimbable as it exists. He further stated he vaould not have proceeded with construction of the pool, if he was aware the existing fence would not have been acceptable. Mr. Doug Strong, 5720 Regis Drive N.E., owner of the property to the east of Mr. R9gnell, felt this was a life hazard situation. He stated he has three children, one being four years old, and has found her on Mr. Rignell's fence, but not climbing over. He further stated the redwood fence is rotting and suggested an inspection to check the posts. Mr. Rigneil indicated Mr. Strong has piled dirt against his fence putting a greater burden on it and has placed chicken wire on the fence for the benefit of his garden and an area for his cucumbers to climb. Mr. Steve Eggert, 1080 Hathaway Lane N.E., felt strongly against the fence now being used on Mr. Rignell's property. . Ms. CaroT Eppel, 5721 Regis Drive N.E., indicated the fence vras there when Mr. Rignell moved into the house; and speaking as a neighborhood parent, she felt the fence was not adequate protection for the swimming pool: She requested the Council deny the variance. REGULAR MEETING OF MAY 2, 1977 �5 PAG[ 8 Mr. Rignell's position was that the fence is solid and non-climbable and requested additional time so he could obtain the services of an attorney to represent him in this matter. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny the �dariance or �he swimming pool fence on the grounds that it does not comply with the existing ordinance and represents a hazard to children. Motion failed for lack of a second. MQTION by Councilwoman Kukowski to table this item to the May 9, 1977 Council Meeting. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick stated, in general, he felt the ordinance should be enforced, but agrees that the request for additional time is a reasonable one and, therefore, has seconded Councilwoman Kukowski's motion. UPON A VOICE VOTE TAKEN ON THE hi0TI0N, all voting aye, Mayor Nee declared the motion carried unanimously. J. A. SACCOMAN, 451-453 54TH AVENIIE> DUPLEX: Mr. Sobiech, Public Works Director, stated this is a request for a variance to reduce the frant yard setback from the required 35 feet to 31 feet to allow construction of a duplex and garage in a R-2 zone at 451-453 54th Avenue N.E. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant this variance for Mr. Saccoman to reduce the front yard setback by 4 feet. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PIZ7.A HUT, 255 57th AVENUE N.F.: Mr. Sobiech stated this is a request for a variance to allow off-street parking from ihe required 20 feet from the property line abutting a public right-of-way to 0 feet, to allow construction of a Pizza Hut ai 255 57th Avenue N.E. Councilman Fitzpatrick voiced concern, if they are going to need additional parking, the question arises whether they have the room for this anticipated trade on this parcel of property. The applicant stated they meet min�imum requirements, however, the owner wishes to use as much of the property as they can for parkina as he felt the high volume lucation warrants additional parking. Councilman Fitzpatrick was also concerned that it is proposed to sell beer at the Pizza Hut and property owners in the area have not had an opportunity to be heard. Councilman Fitzpatrick indicated he did appreciate the agreement to fence in order to contain debris. Councilman Schneider stated he shared Councilman Fitzpatrick's concern about the selling of beer without hearing from property owners in the area. Councilman Fitzpatrick stated he aoreed with the statement that the fence is more beneficial to the immediate community than the extra parking is detrimental to it. He did state this request is for something that adjacent properties are already practicing, that is, parking up to the property line. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variance with the stipulation for fencing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi suggested working with Noliday Auto Center to provide good solid screening. RECESS: Mayor Nee called a recess at 10:50 p.m. RECONVENEG: ; Mayor Nee reconvened the meeting at 11:05 p.m. All Councilmembers were present � � � � � � � � � � � � � _ ` � � i 36 REGULAR MEETING OF MAY 2, 1977 PAGE 9 RESOLUTION N0. 49-1977 - IN SUPPORT OF HOUSF FIl_E 15 AND SENATE FILE 100 FOR APPROPRIATION OF FUNDS FOR THE FOUNDATION OF ISLANDS OF PEACE, INCORPORATED: Mr. Herrick, City Attorney, read the above resolution in its entirety and requested the Counc9l consider adoption. MOTION by Councilwoman Kukowski to adopt Resolution No. 49-1977. Seconded by Council- man Schneider. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously. Mr. Langelfeld felt this resolution vaas reasonable and practical and thanked the Council for their time. Mr. Qureshi, City Manager, indicated he hoped the Council's suppart, in adopting this resolution, will be helpful in obtaining funds for construction and future maintenance of ihe Islands of Peace facility. The Council requested copies of this resolution be mailed to the appropriate financing committees in the State and to all persons concerned. RECE NING THE MINUTES OF ?HE CATV COMPnISSION MEETING OF MARCH 30, 19i7: MOTION by Councilman Schneider to receive the minutes of the CATV Commission Meeting of March 30, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY POLICE CIVIL SERVICE COP1MISSION MEETING OF APRIL 19, 1977: MOTION by Councilwoman Kukowski to receive the minute; of the Fridley Police Civil Service Commission Meeting of April 19, 1977. Seconded by Councilman Schneider. Upon a voice vcte, all voting aye, Mayor Nee declared the motion carried.unanimously. RECEIVING AND REVIEW �NNUAL FINANCIAL REPORT OF THE CITY OF FRIDLEY: Councilman Hamernik stated he would favor delaying action on this item for at least a week and requested it to be placed on a future Council agenda for discussion. MOTION by Councilwoman Kukowski to receive the report. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 45-i977 - WITHDRAb1ING TNE BALANCE OF THE SPECIAL ASSESSMENT ON LOTS 6-10, BLOCK 27, HYDE PARK, UNDER TH[ TREATMENi AND REh10VAL OF TREES 1975jASSESSMEN? ROLL WHICH WAS APPROVED BY RESOLUTION N0. 186-1975: Mr. Qureshi, City Manager, explained the property owner, Mr. Zizak 5791 2%z Street N.E., has submitted copi�s of checks payable to Raymond Hegna, 5770 Third Street, for removal of trees and he was also assessed for this tree removal by the City. MOTION by Councilman Fitzpatrick to adopt Resolution No. 45-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried � unanimously. RESOLUTION N0. 46-1977 - AUTHORIZING THE EXECUTION OF A RIDER TO AN AGREEMENT BETWEEN TNE CITY OF FRIDLEY AND TH[ BOARD OF WATER COMMISSIONERS OF THE CITY OF ST. PAUL: Mr. Sobiech, Public Works Director, stated the purpose of this rider is to ensure the St. Paul Board of Water Commissioners that specifications would be followed regarding construction over their waterworks. � MOTION by Counc;lwoman Kukowski to adopt Resolution No. 46-1977 and authorize the Mayor and City Manager to execute the rider agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Flayor Nee declared the motion carried unanimously. I � REC,ULAR MEfTING OF MAY 2, 1977 �'" i JI � NAGE 10 RESOLUTION N0. 47-1977 - AUTHORIZING THE EXCHANGE Of PROPERTY WITH ANOKA COUNTY TO AGCOMODATE- Tl;E EXTENSION OF DOVER SiREET NORTH TO ELY STREET: MOTION by Councilman Fitzpatrick to adopt Resolution No. 47-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 48-1977 - EXPRESSING CONCERN OVER THE PROPOSED SALARY INCREASE NEGOTIATED FOR HIGMdAY PATROL OFFICERS: Mr. Qureshi, City Manager, read this resolution to the Council, to be submitted to the Legislature, regarding Patrol Officer's salaries. MOTION by Councilwoman Kukowski to adopt Resolution No. 48-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. f,LAI MS : MOTION by Councilman Hamernik to authorize payinent of Claims No. 102B04 through 117881. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATFS: Euqene A. Hickok and Associates, Inc. 454 Indian Mound Wayzata, MN 55391 Moore Lake Evaluation and Restoration Project $1,572•03 Estimate Pdo. 1 P10T:ON by Councilwoman Kukow�ki to approve the estimates as submitted. Seconded by Councilman Namernik. Councilman Schneider questioned if the estimate from Hickok and Associates is for work now being perfor�med; to which Mr. Sobiech ans�vered in the affirmative. Mr. Sobiech also stated the City, to date, has provided about $400 -�500 in City help in cooperating with Hickok and Associates in this project. UPON A VOICE VOTE TAYEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Courcilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. ' Councilwoman Kukowski questioned the $12 for a Tavern License for Canterbury Pub. Mr. Brunsell stated this amount was for the balance of the 1976-77 year. Counciiman Sch�ieider questicned if staff makes any inspections in connection with these licenses, and Mr. Sobiech indicated inspections were made and applicants informed of violations. Councilman Schneider indicated some violations of the sign ordinance now exist in the Ci.ty. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. ° L� �I �I �� I � I � I � I � I � I � I ___ _ : � I ; 38 REGULAR MEETING OF MAY 2, 1977 PAC,E 11 COMPLAI�VT - COMMONS PARK: � Mayor Nee stated he has received complaints from Mr. Frank Owata, 548 63rd Avenue Pd.E., of �ersons using tLe horseshoe court in Cor,xnons Park thrcwing bottles in his yard. He requested staff to check into this m�tter. AQJOURTv'r'iENT: MOTION by Councilwoman Y.�!kowski to adjourn the meeting. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously and the Regular P�leeting of the Fridley City Council of May 2, 1977 adjourned at 11:30 p.m. Respectful�y subm�itted, Carole Haddad Secretary� io the City �ouncil Approved: William J. tdee Mayor �)�1 TNE MINUTES Of TIiE PUBLIC HEARIN� MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 9, 1977 The Public Hearing Meetinq of the Fridley City Council of May 9, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEt�16ERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared tha !notion carried unanimously. PU[3LIC HEARINGS: PUBLIC HEARING OP� STREET ANb ALLEY VACATION SAV �77-01, BY CLIFFORD MISTALSKI, GENERALLY LOCATED AT 5801 6TH STREET N.E.: MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:38 p.m. Mr. and Mrs. Mistalski were present to answer any questions from the Council. P4r. Sobiech, Public Works Director, explained this is a request for vacation of a 17 foot street and alley easement that presently exists on Lot 6, Block 32, Hyde Park. The purpose of this vacation is to allow a buildable lot of Lot 6 together with the adjacent Lot 7. Mr. Sobiech stated the Planning Commission recommended approval, with the City main- � taining a 10 foot easement on the south protion. He noted there is no objection to this vacation from the utility companies or the City staff, if the easement is maintained for the existing water main. � � � � , � Mr. Qureshi, City Manager, questioned if there was a walkway easement. Mr. Sobiech stated it would be necessary to verify if the City retained a walkway ease- ment on. a previously vacated portion of 572 Avenue just south of the subject vacation. Mayor Nee questioned the garage setback from Lot 7 and Mr. Mistalski stated it is six feet from the lot line. Mr. Qureshi stated, even without the vacation, they have almost a buildable lot. Mr. Sobiech stated, however, the vacation would give an 88 foot lot including the utility easement. Councilman Hamernik questioned the 12 foot alley shown on the drawing. Mr. Sobiech stated this is not improved, but strictly for utility purposes. Mayor Nee inquired if the applicants were going to combine the two lots, to which they answer in the affirmative for the purposes of making one building site. Mr. Sobiech checked and found there is a walkway easement that is fenced, but could be removed if the City wished to use it. No persons in the audience spoke for or against this vacation request. � O �(J PUBLIC HEARING MEETIPIG OF P1I�Y 9, 1977 PAGE 2 MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:50 p.m. OLD BUSINESS: CONSIDERATION OF VARIANCE ON FE�VCE REQUIREMENT FOR SWIM"•1ING POOL; RICHARD RIGNELL, 117 LYNDE DRIVE: Councilman Schneider asked Mr. Rignell if he had any additional comments to make from the last meeting. Mr. Rignell stated he did not have the minutes from the last meeting and really has nothing further to state. Mr. Qureshistated �ninutes are not distributed, unless approved by the Council, and the minutes of the May 2 meeting would be on the next agenda for approval. Councilman Schneider questioned h1r. Rignell if he had i;aken any action, since the Tast meeting, to protect the pool area. Mr. Rignell replied in the negative and stated he felt the pool is adequately protected as the fence exists now. Councilman Schneider stated he would have been prepared to move to continue this item for an additional week, if provision had been made for additional protection. Since this has not been done, Councilman Schneider moved the following: Ni0TI0N by Councilman Schneider to concur with the Appeals Commission and deny the variance for Richard Rignell. Seconded by Councilwoman Kukowski. Mrs. Nancy Strong, 5720 Regis Drive N.E., asked if the fence was inspected since the last meeting. Mr. Sobiech stated the fence was up and providing adequate support, but the City does not certify if it can withst�rui additiona.l types of attachm�nts. P4aycr P�ee questioned when the fence was constructed and stated he was told it was 1962. Mr. Rignell stated he would not argue with that date. Mr. Nerrick, Ciiy Attorney, asked if the City has any pictures on file of the fence. Mr. Sobiech stated they do have pictures as part of the City's file. Councilman Schneider stated he can sympathize with Mr. Rignell's situation, and would have liked to see some compromise worked out to protect the children that might come into Nr. Rigneil's yard. However, since nothing could be worked out, he felt it necessary to take action for safety purposes. . Mayor Nee stated it seems a member of the staff contributed to a misunderstanding that is very regretable, but feels the safety requ�rements have to be taken into consideration; as he felt it was a serious question. UPON A VOICE VOTE TAKEN ON THE P107ION, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Strong, 5720 Regis Drive N.E., stated she was led to believe this property was not seen before the permit for the pool was granted. She felt this was unforgiveable and before the permit was granted, the premises should have been inspected. Mr. Sobiech stated, wl�en the pettnit was issueu, a copy of the ruies and reguiations regarding installation were sent to the property owner so before the pool was actually dug, he was aware of the rules and regulations. P1rs. Strong stated they were led to believe, from the Appeals Commission, that there was no inspection of the property at all until a few weeks ago. Mr. Sobiech stated the City Staff did not approach the property owner prior to the issuance of the permit, but a copy of the rules were attached to the permit as well as sending a copy to the property owner. P4r. Sobiech stated, in swimming pool construction, one or two insp2ctions are made. Mayor Nee stated he also read in i:he Appeals Commission minutes that it was months, after completion of the pool, before an inspection was made. Counciiman Schneider questioned if an inspection was made within a week after completion af the pool, to which hir. Rignell answered in the affirmative. Mr. Rignell stated. the rules and regulations sent to the contractor and himself contained wording which he felt was quite different from the wording that appears in the ordinance and therefore, ,�1 PUBLIC NEARING MEETING OF MAY 9, 1977 felt he was not informed properly. PAGE 3 Mr. Sobiech stated the permit was taken out October 13, 1976 and it was only a matter of weeks before an inspection was made. Mayor Nee stated it is normally the contractor's obligation to call the City for an inspection. He indicated he agrees the City contributed in some way to the misunderstanding and stated he was regretful about this. Mr. Dick Kalow, 1090 Hathaway Lane N.E., stated this item has taken a lot of every- body's time and questioned if there is any way the code can be written more clearly so this will not happen again. He felt the interpretation of the code is different for everyone. He indicated something should be written in the code spelling out the type of fencing, either cyclone or vertical redwood. Mr. Herrick, City Attorney, stated the present standard for fencing was adopted after substantial discussion. Some of the staff felt they should have strictly cyclone fencing and others felt some other type of fence would provide the same element of safety, without dictating a certain type of fence. He felt no fence is non-climbable to a matter of degree. What the City is really looking for is some type of fence that will not permit easy climbing or permit youngsters to readily clirnb it. Ne stated he doesn't maintain that anyone could say the fence in question is non-climbable. Mr. Kalow, 1090 Hathaway Lane N.E., felt it would be beneficial for persons constructing a swimming pool to submit a sketch of what is proposed before proceeding. Mr. Herrick felt this could be done and perhaps alleviate the problem they now have. Mayor Nee stated he appreciated Mr. Kalow's concern. Councilman Schneider questioned Mr. Rignell if he specifically asked staff about the fence and described it to them. Mr. Rignell stated they are talking about conver- sations that happened over a year ago, but v�ould like to point out, tPie present code calls for a self-closing and self-latching door that is capable of being locked. He feli this clearly shows any child that can reach to the top of the gate can get into the yard anyway and he indicated, that to him, the code is referring to smaTl children. Based on the Council's action to deny this variance filed by Mr. Rignell, steps must be taken to satisfy the requirements of the ordinance regarding fencing for the swimming pool. NEW BUSINESS: RECEIVING BIDS AND A4JARDING CONTRACT FOR SANITARY SEWER MAIN REPAIR - CHANNEL ROAD PROJECT 5#122 BID OPENING MFlY 5, 1977 ; Julian Johnson Construction 1229 Osborne Road Fridley, MN 55432 De-Luxe Construction 527 Emil Avenue Shoreview, MN 55112 N.D.H. Asphalt 5400 Industry Avenue N.W. Anoka, MN 55303 Kenkq Inc. 8275 Central Avenue N.E. Minneapolis, MN 55432 Berghorst Plumbing & Heating 10732 Hanson Blvd. - Box 33037 Coon Rapids, MN 55433 i I � ' $10,873.80 $11,547.00 $12,623.00 $13,858.94 $14,226.50 • PUB�IC HEARING MEETING OF MAY 9, 1477 Encon Utilities Underground Utilities 153Q East C1iff Road Burnsville, MN 55337 Randall Brothers 3400 Silver Lake Road Mpls., MN 55418 G. L. Contracting P. 0. Box 340 Hopkins, h�N 55343 Bianconi Construction 486 Bayard Avenue St. Paul, MN 55102 Dawson Construction Co. 1863 S. Ferry Street Anoka, MN 55303 PAGE 4 $14,663.60 $15,2E5.00 $23,168.50 $25,278.10 $28,345.00 MOTION by Councilman Schneider to receive the above bids for Project S#122. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated the bids were opened on May 5 for this sanitary sewer main repair and rep7acement, Project S#,122 and recorrunended the 1ow bidder, Ju7iaro Johnson Construction be awarded the contract. Councilman Schneider questioned the range of differences in the bid prices. Mr. Sobiech stated he did not have an answer, but felt a key point is that some contractors may be busier than others and willing to do a project at alower price. MOTION by Councilman Schneider to award the contract to the low bidder, Julian Johnson Construction for sanitary sewer main repair and replacement Project #122 in the amount of $10,873.80. Seconded by Counci7woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING ANNUAl. FINANCIAL REPOR7 OF THE CITY OF FRIDLEY: Councilman Schneider referred to the llth page from the front of the report con- cerning revenue sources and expenditures. He questioned what happened to the money that wasn't spent. Mr. Qureshi explained these monies go into the surplus wl�ich is used to carry the City over until the County turns over the money to the City from taxes collected. It was explained the City needs money to operate in the interim periods before monies are received from the County. Mayor Nee questioned the interfund transfers, and stated he would like to see a breakdown on what is left in the Contingency Fund. Mr. Brunse7), Finance Director, stated a breakdown could be given on how much was not spent and how much was used to increase the operating departments' budgets. Councilwoman Kukowski stated she wanted to see the transfer of funds from the Contingency Fund. Mr. Qureshi state.d, if the Council is interested in what was transferred from the Contingency Fund, this information can be furnished. Councilman Schneider questioned the amount of monies lost in tax revenue because of the Fiscal Disparities law. Mr. Qureshi explained roughly 3.5% of $4,500,000 would not come back to the City. Councilwoman Kukowski requested an explanation of the mill rates under Table 5 which Mr. Brunsell explained. �. Councilman Fitzpatrick referred to Tables 2. and 3 and questioned the differences in � the general property tax of $1,762,000 and collection of $1,812,000. Mr. Brunsell explained Table 2 is just General Fund and Table 3 is tax levies for all funds. Mr. Brunsell also stated i:he difference is due to the pension funds which are now �� Ili � � � � PUBLIC HEARIN6 MEETIdG OF MAY 9, 1977 PAGE 5 carried under the General Fund. Mayor Nee questioned why no rent was shown for Liquor Store #3 on Page 31 of the report, and asked where the cost of the capital on the building was shown. Mr. Brunsell stated it is not shown on the operating statemen*. Mayor fJee felt it was difficult to compare the operation of the two stores when presented in this matter, and something should be shown for the use of the capital. Councilman Fitzpatrick questioned Othet° Revenues in Table 2, and what these revenues were. Mr. �runsell referred to Page 15 for a breakdown and stated a large part would be interest earnings and refund from the State for pensions. Councilman Fitzpatrick felt $63,000 was accounted for, but the rest was lumped into one sum of over $100,000. Councilman Schneider asked if this report is used to determine the City's bond rating. Mr. Qureshi replied that this is one of the main documents used along with others. Councilman Hamernik requested an explanation of th� anti-trust fund monies shown in the Quarter1y Report to which Mr. arunsell explained these are monies the City is rec�iving as a result of an anti-trust suit agairst the liquor suppliers. REPORT ON BOND RATING: � Mr. Qureshi, City �+lanager, reported he has been advised from the City's financial consultant that Frid1ey's bond rating has improved from an Al to A�1, tvhich is the highest possible rating for a City of the size of Fridle.y. He stated he wished to cr�dit the Council, Finance Department> and all other City departinents in helping to achieve this rating. He advised, ir essence, what this means to the City is that ' ' money can be borrowed at a lower rate, thus passing the reduced cosis on to the citizens. �� l � Mayor Nee congratulated Mr. Qureshi and the staff for this achievement. LICENSE FOR BAKE SNLE TO BE HELD f1T FRIDtEY STATE BANK: Mr. Qureshi, City Manager, stated he wislied to advise the Council a bake sale would be held on May 13, 1977 at the Fridley State Bank by the Suzette Batan Twirling Corporation. If the�°e is no objection on the part of the Council, the license will be processed in the normal procedure. None of the Councilm�mbers voiced any objection to this bake sale. EXTERIOR IIGNTS - TEEN CENTER: " �� Councilwoman Kukowski stated she had heard exterior lights at the Teen Center vaere ' being turned off in order to conserve energy. She requested the City Manager to check into this and determine if administration has the authority to leave these lights on or if it would be necessary for the Council to pass a resolution in this regard. ' � � � . ; , , ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and ihe Public Hearing P1eeting of the Fridley City Council of May 9, 1977 adjourned at 9:20 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: B , � PUBLIC HEARING ` BEFORE ?HE CITY COUNCIL 70 WHOM I7 MAY CONCERN: i� �otice is here6y given that there will be a Public Hearing of the City Council of the City of Fridley in �he City Hall at 6431 University Avenue Northeast on Monday, May�169 1977 in the Council i, , Chamber at i:30 FoMo for the purpose of:. � � • � � � � �J , � Consideration of a Final Plat, P.S� #77-02s a Replat of Marxen Terrace; 6y Thomas E. Marxen, the purpose being to have the plat meet the new street pattern for the areas, located in the North Half of Section 12, T-30, R=24, City of Fridley, �ounty of Anoka, Minnesota Generally located in the 1600 Block South of Onondaga Street and North of 73rd Avenue N.Eo Approval af this plat may have �he potential of future assessments on the ad�oining property due to utility an� roadway improvements required by this plat. Anyane desiring to b� {�eard with r�f�rence �o the above ma�ter will be heard at this meeting. Publish� April 28, 1977 May 5, 1977 WILLIANt J,. fVEE MAYOR 0 1 , � : .� 1 a �:,\`�i \' .'�C.'l�. �� . REPLAT OF MARXEN TERRACE j',�1 /� r ; :'. � ;-�l `� ,:F',n:c:_c-�_ �:. - . . x.,,� , C� 1�,� o t-' S- ��,� � a � c: � .� �. t. � _.. .. , . • i `�' pNOr:•�:�rti�.�h `.'.�`C" NC Kac:,M�.,N�-�.,�c> • � ,, „ ---._ �..�; ----�_.___-- • •—•--- ----° --- S __ _ --. I? f i.`, � i. 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T'� 7VN�a�• 1 F�....�._.. t� �i _�•1'\�'\�:G+\EN. / !� � 1 � f 1 i !i f / i 1 � � � � i ' � �1lannin� Commis5ian Meetinc� April ��, 1977 Page �� 1� �Chairperson Harris commented that ther� may have bee mistake in '�the vacation ordinance, and felt that the Ci-ty A rney should look at it• Mr• Boardman painted out that the pla ould have to go through a I public hearing process• He indica d that he would start the process . at time th should have som� indica tion fr om � the next d�y Qy th ' City Council regarding the cial use permit so that when the plat i� comes �hrough, we would able to know what should be done as far as an R-2 or R-1 zoni Mr• aro�ctlun� m a formal request for the withdrawal of the request � for a lot s it• Chairp 'Fson Harris want the records to show that f1r• Brottlund was wit ra�aing the request for a lot sp�.ii;, L•S• 7?-Q4• i 6• �a �- e � -r ni r, : - - �- � for tl�e area- CONSI�ERATIOP� OF A PRELII`1ZNARY Pl_AT, P• S• f1,�f:XEI�! TE�RACF, f3Y TH��IA� A• i1�r�XEid Lo hav� the plat, meet the new stree� �attern MOTION by P1r• L�g�nfeld, s�conded by �1►,s• Shea, to open the Publ.ic Ffearing on consideration of a prelimina;^y p].Gt7 P.S� �:7?-02, re�,1Gi; of i�Urxen Terrace� by Thomas A• f1arxen• Uoon a voice vote, all voting aye, Chairp�i�son H�rris declared th� P�blic Hearing open a�. ],0:J,4 P•M• �1r• Thomas l�• Marxeri of 7,9y5b Pineridge Drive fV•E• was present• I�r• Boardman made ref�rence to the Replat of T�1arxen Terrace on page 50 of the ac�enda� Ne explained t�at the cul-de-s�c did, at the initial plating, extend past rlarxen Terrace and cul-de-ssc'ci on tr;� back properties to the east of 1�1arxen Terrace• H� indicated that oppasition was received from some ;�roperty o�{�i�ers regarding the cul-de-sac; therefore, the cul--de-sac was pulled off that area to where it is now within f1arxen Terr^ace • Mr• Marxen commented tha� I�e had brouchL the 1Gnd from P1r• Hall who had initiated this section about ten years ago with the dedicotion to this land of the right of way• (ir� T1arxen said he brought the land five years ago and buil� a home on it• Ptr• Marxen ended up sellir,g this hom� and the adjacent lot to it on Onondago Street• However, he indicated tha� he still owned the bacl< 1:-�nd• He indicated th�t there seemed to be no other way to make this into a paying projec�• Mr• flarxen pointed out that several home owners on the Stinson E31vd side of L-t�e area in question are opposed to this• They don't want it to affect their prop�rty� He pointed out that by moving the cul-de-sac as stated, it would not affer.� their property• 1G Mr• 8oardrnan clarified that the request was to repla� the cul-de-sac to �he way it was or�ginally plated• Also he indicated that the second request was for vacation request of the existing right of way `described as the 50 foot right of way located between Lots 3, Block Z and �ot ti, Block 2 and the south 5� feet of the North 355 feet of �ot 6• Mr• Boardman showed the members of the com�ission exactly what was in question on a drawing from the pZat book� Mr• Virgil Ishaug of 1473-75th Avenue N•E� stated that he was entirely in favor of this particular replat. Mr• 8oardman also wanted to point out that with the approval of this replat, they would also be approving a 30 foot setUack on the back property� {Again, Mr• Boardman pointed this out to the Commission on a plat drawing}• Mr• Ishaug wanted to know how many homes this plat called for now• Mr• Marxen indicated that it called for three homes� Mr• Ishaug wanted to know if this was initially plated for muZti-da�ellings• Mr• Marxen said that it was all single dwellings• Mrs• Schnabel questioned the lot lines resu].ting from this• Cha�.rperson Narris shot�ed her the lines on the drawing they had before ihern• . t�rs• Schnab�l wanted to know the approximate dim�nsions of Lot 6� Mr• Boardman explained that it was 276 feet deep and 66•4 feet wide• Mr• Bergman claimed that the Plat Book did not show the plat as dedicated• Mr• Tshaug wanted to know if that lo� was vacated� would he be able to put trees al.l the way back on his property- Chai.rperson Harris responded that, yas, he would be able to plant trees• At this paint the �ommission continued to look at the Plat Book and discussed among themselves the area in question• Mr• f1arxen brought up the question of �Ze-Plat fees that he had to pay• �hairperson Harris informed him to bring t his up with the City Council- �. i .�.� . � , L� � ' lJ � ' ' iJ I� �- + P'lannin CommiJJion f1cetin -- A ril 20, 1`i�r r Na e �s M4TION by f1rs• Sl�ea, seconded by Mrs• Schnabel, that the Planning 1 D Commission r�ceive the letter from Mr• Thoma� E• Marxen reqardinq the charges for Re-Plat fees of plat PS 77-02• Upon a voice vote-� all voting aye, the mot-ion carried unanimously and the letter was received• f10TTON by (9rs• Shea, seconded by Mr• Bergman that the Planning Commission close the public hearing on the consi.deration of a preliminary plat, p.S• �:77-02, replat of �1arxen Terrace, by Thomas A• Marxen• Upon a voice vote, all voting aye, Ch�irperson Harris declared the Publ ic Heari.ng closed at ],D:30 P.f1 . t�OTION by �1rs• Schnabel, seconded by Mr• L�genfeld, that the Planning Cor�mission recommend to Council approv�l of a preliminary p].at, P. S� �:77-D2, replat of Marxen Terrace, by Thomas A- Marx�n as proposed• Upon a voice vote, all voting aye, the motion carried unanimously• Chairpersan Harris indicated that this would go to City Council on May 2, 7�977 • 7� VAC/�TTOf�! REG?LIEST : SAV �:77-02 BY THOf1AS E• MARXEPd.� Uc±C�tE �i1? �1;1S*1C1� i^?��"lf O� !�!�� OC' ('�arxen Ter�"�'�cC�' de�cribed d5 the 5�� I"'l�ht of way loca�ed betaleen Lots 3, ,B1ocl< 1, and �ot 1„ Block �, �1:rxen Terrace, and the Sout�i 50 feet of the North 355 feet of Lot 6, that part of said��Lot 6 that lies within a circle whose radius is SQ feet� �n� t>>hose center is Iocai�ed at the SW corner of Lot 8 of s�id Audii.orT s Sub • No • ],�& • / Chairperson H�rris Yndicated that the Comrnission ' discussed this and that Mr• Marxen W�n��d to that will not be used• / � Mr• Bergman stated he didnFt b�liev� the.re to be this reques:• � � ' ' , ' ' ' ' had already vacate the s�ction any problems with (�r• Boardman explained that this had been dedicated prior to this wfth f1arxen Terrace � /'r i f10TI0N by r1r• Bergman, seconded by Mrs• Shea, that the Planning Commissinn recomriena'to Council approval of the vacatiot� reauest, SAV #77-02, by Ihomas E. �larxen to va�ate the exis�ing ►�igtTt of way for Marxen Terrace, describedasthe 50 fooi right of way located bet�ti�een Lots 3, �lock l, and Lot 1, Block 2, hlarxe�� Ter�°ace, and the Soutl� 50 feet of the North 355 feet of Lot b, that part o� said Loi; b that lies within a circle �vhose radius is 50 feet and tivhose center is located at the South�ti�est corner of Lot 8, of Auditor's Subdivision No. 108. Upon a voice vote'; all voting aye, the motion carried unanimously. Chair ers,o� Harris indicated that this re uest will o to ublic hearing; on JUne 1,3, y9?7 before the City Council . g p �' Chair�erson Harris declared that the Planning Commission would take a t�n minute break at 10:35 P.M. � �;h� rperson Harris called the meeti�ng back to order at 10:45 p•M- ' . . 1E , � � i� �,<- , i.%�'`,�y�:� � �. %�z��{��-•-- �- > / y y.� 8�`'ti'�---� l'--L�'�..� r..��. � ,.��/J �� G� ��-�n. 2 t� !/` (rLiYVYV - � �.E,�]/ , 9 3.' z �'�'l7� � , . � / • � '" /�1 p, � � � : ...� __ // �;< .`,s�G"'L� C_--t-��% . _ . c/ ) _ � . / _ _ . 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G,.� -� �L�- .�� G Z {,c ; l , i �--l�t .=!' ....� �... / 4 7 v .. -- �-r• .-��.,-� : �,r�%�.:� ..��- �� ; � � , , , ,_ ,; , �; y' � .�'� � ' ' , ,G-� � ../'G/ J��",,,./'��-�<_f'] �«✓1- ;�-Q��..�"'. t � � '`� `�/r _ �_ / ' � ✓ ;1 r � : ?'r _ 6 O .. /. � , / _ �, .../'.—.�-.%ri c L � ,s, � ___. 1��.-_G� �r'i--��" L-�--1-<�-�.«�.c:..�cfvti. _ / � .� . - - � L� � : ' /�: . ..� ^� ��.� ��.�::4 ' ,� �� - � � _ � . �� _ . . _ 2��,�-t ...r.�� .�-.�o �� 'u.��C�./ c�.-��-f _ . _-- .-r=�'-�' -c%%� . Lo � � �` � ��..� Gp� � �,a.�U�'t--/ . � > / �' � G:..� .�ti.� ..�FZ..�� '�'� ..� _ �• ..�C�,,-�C�n--,�, .�`-'L� _..C� �- �J � � f '' � � ! "C-�GF�c'�t°��,,,�'�r'� / . v � / f � % � �/��%F%�v / `''�(t"'�`'� l ' � 2 , TO WHO�� IT MAY CONCERN: PUBLIC HEARING BEFGRE THE CITY COUNCIL Notice is hereby given that ther� will be a Public Hearing ' of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, May 16, 1977 in the C�uncil Chamber at 7:30 P.Mo for the purpose of: Consideration of a requ�st for a Vacation, SAV # 77-02, by Thomas E. Marxen, to vacate the existing right of w�y for Marxen Terra�e described as the 50 foot street right of way loca.tedbetween Lot 3, B1ock,1, and Lot 1, Block 2, Marxen Terrace, and the South 50 feet of the North 355 feet of Lot 6, Auditor's Subdivision Noo 108 „ together with that part of said Lot 6 that lies within a circle whose radius is 50 feet and whose center is located at the Southwest Corner of Lot 8 of said Auditor's Subdivision Noe 108, generally lying in the �orth Half of Section 12, R-2�, City of Fridley, County of Anoka, Minnesota. - Generally located South of Onondaga Street and horth of 73rd Avenue NoE. in the 1600 alock. Anyone desiring to be heard wii�h reference to the above matter will be heard at this meeting. WILLIAh1 J. NEE MAYOR Publish: �pril 28, 1977 P1ay ._ 5, 1977 V4C¢'�++�� _ .^.m v T \ '; .�.._._ _.� ar�?sw_ - .... . ,.,..� . ,..;.�. f. .,: . .»�,...�: . M`- � ` � `� -- --� ---- THOMAS MARXEN SAV #77=02 �.__. - __ _ ,TIE I'J'�) Fdl� i '�i� _.. __ _.-- G -- _ _ _ � . �" �i%c -.i � t i'rHFri; '- ti'vnEE • A�vk,�,c �u N�» so k/w gn i3� 5�� r. . .. - _ __ .. I ' NiE f )�) � � �f �g � � , � : f � . __._� 93 � � f PF � ' 1 � �- I � � P .P, .N(! � --� ( �- � �� J�.i� � � � , � � -- L ' � i �J � �_ - --...r----i.---.---•.r-- � 1�iS �ALL E� ��I P IPJ rAN '� I"!E �'.'rIC'nE �T7R�l, �E'�'. �'� �D :1�'1"ER CRO�S �'i ' � � ... .'. . .. . ... �.. � .. �.. �.. ............... ... . . . .... .. . ... .... �s� o � e' i= ----- y f I ' �--�- � —+f � . 1 � � � ( � -----�.� B �' N�E NO ; � � 162� � � �, � 6� UTiLITv F'— Ea,Er.iE,;7 �}-9.,s.i GARA;;E ^I' qUS H (I ir.�' I `__ ll i� i I �� I• • . � . . � � �� • • � �I �' HICoH EVER;A2Ev I I i$4r 1?!G I 10�'J'I� ITY EA�E^�;E!, � � TC BE OE'Alf,c; T— 2� / � �INS �.^.: L 6�� H'r C. i�'J�t�E ASSr•,t f �� 3� �. � i�-'�- F�L�4'� TFEE� 1 L --�'_ _ ': --�! / / / �c 5,'?� ` M .��---L----- � � . s� � � . � ----�.F�� — T,�f '. '�,36 1 , �`• � EAScPY1E"';7�' T�' fi� ')biAINEC; g2, ��. �\ U�E OF 0��`1DA �A 2 / / / L�J 2 A. � � ., , � . PROPOSED `` R VACATION � 2 �\ �``�. 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't� ........... � .... ,..............,..... .......�.............. ..................... .............�. ..... ............ ..... . ................ ...........!l...... . ................. .. . • . pl�nni.nq Comrni,sion 1leeting -- Apri_1 �0•� ],977 Pa9e �5 MOTIOPJ by �1rs• Shea, seconded by Mrs• Schnabel, �ommission r�ceive the lei:ter from f1r• Thomas E• the charc��s far Re-Plat fees of Pl�i: PS 77-02• Upon a voice vote, all voting �ye, the motion � the l��ter was received• / that th�anning 2 � f1arx��rS reqardinq ried unanimously and MOTION by f1rs• Shea, seconded by t1r� B�.rgman that the Planning Commission close L-he public hearing ¢rf�the considerat-ion of a preliminary p�at, P•S• �7?-02, repl.at of f1arx�r�Terrace, by Thomas A• Marxen• Upon a voa.ce votc, all voting a�e`, Chair�erson Harris declared the publ i.c Hearing closed at J,O: ��P -f1 • t10TI0N by �1rs• Schnabela�seconded by �1r• Lagenfeld, that the planning Commission ��commend to Council approv�l of a preliminary p1at, P• S,, �77-023/'replat of Marxen Terrace, by Thomas A- f1arxen as proposed• � Upon a v��'ce vote, all voting aye, the motion carried unanimously• Cha person Harris indicated that this would go to City Council on B ��1� 2-, ],977 • ? • VAC/�TION REC!UEST : �_ S�+V �?7-�2i �Y TFIOf9AS E • 1'1ARXEPJ : ��cGi.e tl�� exist,na r?�;ht��- !�!�y or !`1�rxen Terr�ce described as the 5�' right of way locatec! between Lots �� Blocl< 1,, and Lot 1,, Block 2, f1�rxen Terrace, and the South 5� feet of the North 355 feet of Lot 6, that part of said Lfl� 6 that lies wi:thin a circie whose radius is SO feei; an� whos� center is loc�ted at the SW corner of Lot 8 of s�id liuditor's Sub• Nc. �p�. Chairperson I�arris indicated that the Comrnission had already discusseci this and that P1r• {�arxen wanted ta vacate the sectiot� that will not be used• Mr• Bergman stat�d he didn't believe there to be any problems with this f^�quest• (�r• Boardman explained that this had been dedicated prior to this with �1arxen Terrace• MOTION by (�r•• Eergman, seconaed by P1rs• Shea, that th� Planr.ing Commission recomnend to Council approval af the vacation reauest, SAV #77-G2; by Ihomas E. Marxen to va�ate the existing right of way fot� Marxen Terrace, describedasthe 50 foot right of way located between Lots 3, Glock 1, and Lot 1,. Rlock 2, t�larxen 7errace, and the South 50 feet of the North 355 feet of Lot 6, thai pai°t of said Lot 6 that 1 ies �ti�i thi n a ci rcl e whose radi us i s 50 feet and wtiose center is located at the South��est corner of Lot B, of Auditor's Subdivision No. 103. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris indicated that this request will go to public hearing on June 1,3, 1,977 before the City Coui;cil. Chairperson Harris declared that the Planning Commission would take a ten minute break at 1U:35 P.M. thairperson Narris called the meeting back to order at 10:45 P•M• �'. � ��; � � ' � ' �I � �' ORDINANCE N0. AN OIZI)II�II�'�TCE ES'T�3LISI-IING C�il�'TER 6Q2 OF '1�IE FRIDL�Y CITY CODE E\�IIT'LED "BEER LICE�1i SING" 1WD REP�ALING 1�IE PItESENT CHE1P'I'ER 602 ��TI'TLL-'.� "BEER LICENSING" � I'� �v�rzr�;�z�; AN;� �CZE'.NDING CF-II1P'ILR lI , SL�I'ION 11.10 OI� SAID COi�E RL7�ILTItVG ^10 LICL;�VSE FII� TfIE CITY COiTVCIL OF TI-IE CITY OF FRIDI�EY DOES ORDAIN AS FOLLOR'S: SECTIOiV 602.01 Definition of Terms Subdivision 1. Beer. As used in this ordinance, "beer" or "non-intoxicating malt liauor" means any malt beverage with an alcoholic content of more than one-half of one percent by volwne and not more than three and two-tenths percent by weight. Subdivision 2. Tavern. "Tavern" means an establishment for the sale of beer, cigars, cigarettes, al.l forms of tobacco, beverages, and soft drinks sold at retail for constv�tion on the preru.ses . Subdivision 3. Enterta�nn:.ent. Entertainr�.ent as herein usea is defined to ir.cluue, but not be linu_ted to, music, singing, plays, dancing either by the public or perforrr�rs, motion pictures, exposition, performances, male or fe.na.le revieias, iashion s��ati,�s ,`I'V othez• than regular public channels , cancerts , or any other deliberate act i.ntelzded to amuse or ei�tertain patrons and/or eriplo}�ees. SECTiO� 602.02 License ReQuired , Subdivision 1. Licenses. Nc person, except �vliolesalers and. manufacturers �a the extent au iorized by law; shall dea.l in or d.ispose of by gzft, sale or othenvise, or keep or otfer for sale, any beer within the city vaithout first , having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Regular "on-sale"; (2) Te.��orary "on-sale"; (3) "Off-sale". � � Subdivision 2. Re ular On-Sa1e. Regular "on-sale" licenses sha1l be b ar�ted only to bona fide cl s, taverns, exclusive "oii-sale" liQuor stores, resta�ants, and hotels wiiere faod is prepared and served for consurq�tion on the premises. "Ori-sale" licenses shall penl�it the sale of beer for conswnption on tlie prenuses only. Subdivisiozi 3. Temporaz "On-Sale". Temporary "on-sale" licenses shall be granted on�y to �ona fi e cl s�id cliarital�le, religious, and non-profit i orga:nizations for the sale of beer for consuntption on tlle premises only. Said temporary licenses shall Ue granted upon �,n�itten applicatinn to the city council , upon forn�s provided liy the city. The provisions of CIiapter til, Fridley City Coc1e, as applicable, shall be observed by said non-profit organizations. Subdivision 4. "Off-Sale". "Off-Sale" lice�ises shall permit the sale of � beer at retail, in t11e ari giilal package for consimtption .off the prenusPs only. ' � LI! 3 -2- 5ECTION 602.03. License npplications Every application for a license to sell beer shall be made to the city clerk on a£orm supplied by the city and containing such information as the clerk or the city council may rec{uire. It sha11 be unlawful to make any false statement in an application. SECTION 602.04. License Fees Subdivision l. Payment �R�e u_�ire��d. Each application �or a license sha11 be accompanied by a recei.pt r� om the city treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fwld of the city. Upon rejection o� any application for a license, the treasurer shall refund the amoLmt paid. Subdivision 2. E�iration; Pro Rata Fees. Every license except a temporary Zicense shalZ expire an t�ie last c�ay o April of each year. Each license except a temporary license shall be issued for a period o£ one year, except that if a portion of fi�le license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In contputing such fee, any unexpired fraction of a month shall be counted as one mont�l. A temporary license sha11 be issued for a specific period in which a special event to which the sale is incident is being held and such period sha.11 be stated on the Iicense. Subdivision 3. Fees. Every "on-sale" license shall �nclude an"off-sale" license. Each "on-sale" license fee shall include an"off-sale" license at no additional expense. The annual and tem�orary Iicense fees and initial investigation.fee shall be as provided in Chapier 11 of this code. SECTION 602.05. Granting of License Subdivision 1. Investigation and Hearing. The city cotmcil, or its authorized age7it, shall investiga e all �acts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of initial "on-sale" license. After such investigation and hearing, where applicable, the council shall grant or refuse the application in its discretion. Subdivision 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Eac.h license shall be issued only for the premises described in the application. No license may be transferred io anotlier place without the approval of the co2.u�ci1.. SECTION 602.06. Persons Ineli i� ble for License No license shall be granted to or held by any person who: (1) Is tmder 19 years of age ; (2) Has, within five years prior to tlie applica.tion for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating lic�uors or beer, and cannot show competent evidence wider Afinnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; 3A J � � � �� - 3- (3) Is a manufacturer of beer or is interestecl in tlie control of any place w}iere beer is manuf_actured; (4) Is not of good moral character anci repute; if t}�e applicant lias been an �wner, �na.na.ger, or c:��rployee of a saloon, hotel, restaurant, cafe, taveni, or ot�ier business of a similar nat�me, the city council n��y consider the applic.�nt's past perforrnance record in determining whether a license shall be granted or renewed. (5) Is or durino the period of this license becomes the holder of a federal retail li�{uor dealer's special tax stas� for the sale of intoxicating lic{uor at a.ny place, unless there has also been issued to him a local license to sell intoxicating lic{uor at such place; or (6) Is not the proprietor of the establislunent for which the license is issued. SECTION 602.07. Places Ineligible for Licens� Subdivision l. Distance from Schools and Churches. No license shall be granted for any place witnin 3 eet o any p lic or parochial school or within 300 feet of any church. In applying this restriction, the distance shall be measured in a straight line from the school or church building to the main public entrance of the premises described in the application. � Subdivision 2. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinauent and Lm.paid. � SECTIOi� 602.0�. Conditions of License � Subdivision l. General Conditions. Every license shall be granted subject to the conditions in the folloi�ring subdivisions and all other provisions of this ordinance and of any other applicable ordinance of the city or state law. � Subdivision 2. Sales to Minors or Intoxicated Persons. No beer sha11 be sold or served to any intoxicated person or to any person Lmder 19 years of age. � � � � I!� � � � Subdivision 3. Consumption by T�.i.nors. beer on the Iicensed premises. Subdivision 4. En lo �ent of Nlinors. on the premises o a-�avern. No minor shall be permitted to consume No person tmder 19 shall be err�loyed Subdivision 5. Gambling. No gambling or any garr�ling device shall be permi.tted on any 11� c ed premises. Subdivision 6. Interest of D'Ianufacturers or �Vholesalers. No manufacturer or wholesaler of eer slall ave any ownersiip o or interest in an establishment licensed to sell at retail contrary to the provisions or Alinnesota Statutes, Section 3�10.031. No retail licensee and manufactt�'er or wholesaler of beer shall be parties to any exclusive purcliase contract. No retail licensee shall receive any benefits contraiy to la�a from a manufacturer or �aholesaler of beer and no such manufacturer or wholesaler shaZl confer any benefits contrary to law upon a retail licensee. � ,, J i� 1 � � ' � � � � -�- Subdivision 7. Lic�uor Ucalers' Stamp. No licensee shall sell holding or e�chibiting ln tFe licensec� prenuses a federal retail dealer's special tax stan� unless he is licensed uncter the laws to sell intoxicating liauors. beer while liquor of Minnesota Subdivision �. Sales of Intoxicating Li uor. No licensee who is not also licensed to sell intoxicating lic{uor an w o does not hold a"public drinking place license" shall sell or permit the cons wnption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating lic�uor. The presence of intoxicating liquors an the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any lic{uid for the purpose of mixing wiih intoxicating liQuors shall be prima facie evidence that intoxicating liquor is being permitted to be conswned or displayed contrary to this ordinance. Subdivision 9. Ins ection. Any police officer or health inspector ma.y enter, inspect and sear t e premises of a licensee during business hours without a search and seizure warrant and riay seize al1 intoxicating liquors and other evidence of violations found on the licensed premises in violation of this ordinance . Subdivision 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of�iis place o usiness and shall r�aintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordi.nance equally with the employee. SECTION 602,09. Subdivision l. Closing Hours. No sale of beer shall be made on any Sunda.y between the hours of 1:00 a.m. and 12:00 noon, nor between the hours of 1:00 a.m. and �:00 p.m. on the day of any statewide election. No sale shall be made between the hours of 1:00 a.m. and H:00 a.m, on any other day. Subdivision 2. Remaining on Premises. It shall be tmlawful for any persons � or customers, ot er an 1e llcensee or his employees, to remain on the premises after 1:30 a.m. 'l�lere shall be no conswnption by any persons, including the licensee or his employees, after 1:30 a.m. ' � SECTION 602.10. Clubs. No club shall sell beer except to members and to guests in the company of inembers. SECTIQN 602.11. Restrictions on Purchase and Cons w�tion. � Subdivision 1. A e T�lisre resentation. No minor shall nu.srepresent his age for the purpose of o tainulg eer. Subdivision 2. Inducing Purchase. No person shall induce a minor to purchase or ' procure beer. L� i 3C � � L� � � � � -5- Subdivision 3. Procurement. No person otlier tlian the parent or legal guardian shall procure beer or any minor. Subdivision 4. Possession. No minor sha11 have beer in his possession with the intent ta consume it at a place other than the household of his parent or guardian. Subdivision 5. Constu�tion. No mi.nor shall conswne beer on tlie licensed premises. Subdivi.sion 6. Li uor Cons tion and Dis la . No person shall conswne or display any intoxicating liquor on e premi.ses of a licensee unless said licensee is also licensed to sell intoxicating liauors or holds a"public drinking place license". � SECTION 602.12. Er�tertainr,lent License ReQuired. No person operating an establishment in the business of selling, permitting �� to be displayed or conswned, an intoxicating liquor or non-intoxicating malt liquor, shall permit any entertainment on the premises without having secured a license to permit such entertainment from the city council. � SECTION 602.13. Revocation. The violation of any provision or condition of this orclinance by a beer licensee � or his agent is groLmd for revocation or suspension of the license. The license of any person who holds a federal retail lic{uor dealer's special tax stamp wit�iou� a license to sell intoxicating liq_uors at such place shall � be revoked jaithout notice and without heari.ng. In a11 other cases, except where r.�ldatory revocation is provided by la�,r wi.tiiout notice and. hearing and except where suspension may be made without a hearing, the holder of the license shall be granted a hearing upon at least 10 days notice before revocatian or � suspension is ordered. The notice shall state th� time and place of tlle hearing and the nat�e of the charges against the licensee. � SECTION 602.14. Investigation Fee. 3D Chapter 11 of the city code shall be amended by striking the reference to a � $25.00 transfer fee. 'I'he Chapter 11 shall be further amendeci by adding the following: Code # S_ub)'�ect� Fee 602 On �ale Beer 35.00 Investigation Fee � � � � � � SECTION 602.15. Repeal. Chapter 602 of tli� Fridley City Code is hereby r�ealed. PASSED AND ADOPTED BY THE CITY COtNCIL OF THE CITY OF FRIDLEY THIS llAY OF ATTEST : CITY CLERIC - M�RVIN C. BRUNSELL 1977. rA�l��tii��AIe�S� `�q� First Reading: May 2, 1977 Second Reading: Publish: J � � � � � � � � � � � � � ' � � � OP.DINANCE N0. �� AN ORDINANCE AMENDING CHAPTER �1.� OF TIIE FRIDLEY CITY CODE TO AUTHORIZ� A CONGRL^'SSIONALLY CHARTER�D V�TL'R1��IS OIZGLINIZATION 'i0 SLLL LIQUOR ON SUNDAYS The City Council of the City of Fridley does ordain as follows: (�D �'' Chapter � of the Fridley City Code is amended by adding a section as follows: �,3 f Section 60�..9�" Sunday Liquor Sales No person or organization shall sell any intoxicating liquor on Sundays without obtaining a separate license for said Sunday sales. The annual license fee for "Sunday Liquor Sales" shall be as provided in Chapter 11. This fee is in addition to the fee charged for an "On Sale" license. All provisions of the ordinance pertaining to the "On Sa1e" license shall apply to the "Sunday Liquor Sales" license insofar as applzcable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: , 1977. CITY CLERK - MARVIN C. BRUNSELL First Reading: May 2, 1977 Second Reading: Publication: PIAYOR - WILLIAM J. NEE 4 J orii�i��nr�cE r�o. , AN ORDI�dI1tdCG AQOPTIP�G CIU�('TER 212 ENTITLEU MINII�G, ANU R[PEALING P{2IOR CHAPT[:R 212 [�TITL(:U 1�11NIWG SP��d� AND �R�V[I_ � � The City Council of ihe City of Fridley does ordain as follows: SECTIO��._212.01 FIh�UItIG I�I�D PURPOSL" The City of Fridley recognizes that surface mining exists and that this mining � can be an aid to the prc��aration of develc>pment sites. The City furtlier finds that it is not practicablc. to mine ininerals required by society �•�ithout dis- turbing the surface of the earth and producin� waste r�aterials. The danger exists that noncor„patible land uses could unnecr_�ssarily deny the I;enefit of � Chese ir�aterials to socieCy in the future. It is further found that the char- ar.ter of mining may create undesirable land and water conditions �rhich can be detrirnental to the health, safety and �•relfare and property riyhts of the citi- zens of the City of Fridley. Ilowever, if properly regulated and if reclamation of surface mined land; i� required, mininy can ta{:e place within the City in � such a manner that undesirable side effects of the operation may be restricted to an acceptable level. � The purpos�s of this ordinance are: To provide for the economical availability of sand, gravel, rock, soil and other materials. To establish uniform and reasonable limitations, safeyuards and controls in the Cii:y, for the future mininy of said mater-ials. To control the effect of the mining operation upon adjacent property and other areas of the City. To provide for the restoration of the mining operation and mining area during and after termination of the removal operation. To control and minimize pollution caused by erosion or sedimentation, all in furtherance of the health, safety and gener�l welfare of the citizens of Fridley, Minnesota. SECTIO�'r 212.02 RELA7IOI�SHIP TO ZOiJING ORDiNA.I�CE � This ordinance shall apply to areas v,�ithin the City of Fridley in �vhich the removal of minerals including sand and gravel is a permitted or special use. The standards and requirements set by this ordinance shall govern ihe issuance> reneFVal and termination of the mining permit. � CJ � � � SECTION 212.03 DEFINITIOh;S 1. Dust - Air-borne inorganic particulate matter other than smoke. 2. Mining Permit - 7he permit required by this ordinai;ce. 3. Minerals - Nonmetallic material found in the earth including, but not limited to sand, gravel, rock and soil, which may Le covered by over- burden. 4. hiining - The removal or extraction and processing of minerals. 5. Ovei�burden - Those materials which l�e between the surface of the earth and the mineral deposit to be mined. 6. Rehabilitation - To r�ene��r land to a self-sustaining, long term use which is compatible �rith contiguous land uses in accordance with ti�e standards set forth in this ordinance. 7. Topsoil - That portion of the overbin�den which lies closest to the earth's surface and supports the growth of vegetation. SECTION 212.04 MINING PF�MIT Except as liereinafter provided in this ordinance, it shall be unlawful for any operator to engage in mining without haviny first a written permit froin the Ci1:y of Fridley autl�orizing the same. SECTION 212.05 EXCEPTIOIv'S The permit requirements established by this ordinance shall not apply to: 1. Emergency work necessary to preserve human life or property. Emergency work perfonned under this section shall be reported to the City of Pridley �� — � .... � � � � I � � � � � � I � I � ortoir�nrrcc rro. _________ ra9� TWo at thr earliest pr•actical op�iortunity. f�n operator�con�mencin9 emer�ency work shall within lO d,iys follo�•iin�� the commencement of th�t activity, appiy for the issuancc u( a mining �,ennit and on the is�uance therof may be rec�i�ired to �ierform �uch �;ork as det�rn�ined Lo bc: reason�bly nec- essary to correct any c�nvironmental iinpairment occasioned by such v�ork. 2. Mining dane in conjunction vrith a buildiny permit or other permit required by the City. 3. Operators not conducting operatic�ns qoverncd by this ordinance and for ��rhich this ordinance requires a permit, shall be nol:ified 4iithin 15 days of the adopt�ion of this ordinance that tliey are rcquired to ri;ake applica- tion for a perinit. Upon notificatiioi>> operators shalt i�ave GO days in which to co�nplete permit applications. Failure to apply for a permit within 60 days shall I�e a violation of this ordinance. SECTION 21?_.U6 APPLICATIO(J �or �r�D PROCESSI�;G OF PFRI4IT 1. An application for a mining permit stiall contain: (a) ��) The name and address of the operator and oo-m er of the land. The correct legal description of the property where the extraction is proposed tu occui�. (c) Specifications of the follo�„iny using appropriate maps, photographs and surveys: i. the physical relationship of the proposed mining area to tl�e connnunity and existing conmunity development. ii. site topography and natural features including location of vrater courses and �•rater bodies v�ithin the planned mining area. iii. the quality and quantity of minei°als to be excavated. iv, the depth of �vate�° tables throughout the planned mining area. v. the average thickness of overburden in the area. (d) The purpose of the operai:ion. (e) The estimateci time required to complete the operation. (f) The plan of operation, including processing (any operation other than direct mining ai�d reinoval), nature of the processin9 and equipmeut, location of the plant, source of water, dis�osal of �•rater, and reuse of ��ater. �9) ��) Travel routes to and from the site. The plans for drair.age, �,�ind and :��ater erosion c.ontrol, sedi- mentation and dust control. 2. Referral to Planning Com;rission (a) The Planning Commission shall hold a public hearing on ti�e application within sixty (60) days and shall provide published notice of said hearirg at least 10 d�ys before the hearing together with mailed notice to all property o�•mers ��ithin 200 feet of the property affected. Failure to give mailed notice to individual property o�vners, or defects in the notice shall not invalidate the proceedings, provided a bonafide attempt to comply with the mailed notice requirement has been made. � � J ORDIt�11�PtC[ Np. Page Three (b) The applicant and/or his representatives shall appcar before the Planninr� Cor:rnis;ion in order to ans�:er questions cr�ncerninq the mining permit apF�lication. The Planning Con�inission shall report its findings to thr_ Council indicating its recommendation as to ap��roval or denial and specifvinc� �•�hat, if any, conditions are necessary reyardin� the mining rermit. 3, Council /�ction (a) Upon receiving the recorrniendations of the Planning Commission the City Council must take action �-�ithin sixty (GU) days and may affirm or dcny the application by a simple r+tajority vote. 4. Issuance (a) The issuancn cf an;�f�1ining Permit is dependent on the fact that the activities pei�mitted �•�ill not be dangerous or othe��:ise detrimental to persons residiny or ��or{:ing in i;he vacinity i;hereof, or to the public s•�elfare, and vtill not impair the use, enjoyment, or value of any property. (b) The issuance of any 64ining Perm9t nzay also be subject to conditions in order to protect the public health, safety, convenience and �•rel- fare, or to avoid trai'fic cengestion, or hazard, or other dangers, or to promote conformity of a proposed use ��aith thc character of the adjoining property and uses, and the district as a v�(�ole, or to pro- tect such character. SECTION 212.07 STAf1DARDS 1. Operation shall be conducted within the confines of the property. 2. Operation shall not be cor�ducted �•iitf�in: (a) F1VP, feet of the ��ight-of-way of an existing public utility. (ba Fifty fec:t of the bouridary of any zone s-rhere such o�lerations are not pei°n-�itted. (c) Thirty feet of the boundary of an adjoining property not in mining use. 3. Fencing - During operations, access to any area where collections of �•�ater are one and one-I��alf feet in depth or more or �,�here excavation slopes are stee}�er than one foot vertical to one and ore-half feet horizontal and any othei° areas ��ri�ere obvious danger to the public exists shall be conti°olled by a four ioot tati fence. Set standard for fencing ��ritfi support posts spaced every 10'. 4. Appearance and Screening: (a) Machinery sl�ail be kept operational. (b) Abardoned machinery and rubbish shall be removed f;om the site regularly. (c) /111 structures that have not been used for a period of one year shall be removed from the site. (d} All equipment and temporary structures shall be removed and dismantled not later than six n�onths after termination of mining operation or expiration of this permit. (e) Where practical, stockpiles of overburden and materials shall be used to screen the mining site. (f) t�lhere practical, tiie perimeter of the mining site sliall be planted or other�aise screened. (g) Existing tr�e and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting and re- pldnting of trees, slirubs, and other gr•ound cover along all setback areaS. �� P"!"�I -".. �� ORDIPI�,(ICE hd0. 5. Uperating Standards: Page Four (a} Noise--the maxirnum noise level at the perimeter of the site shall be viithin Lfie limits set hy the hiinnesota Pollution Control ftigency and the Environr�ental Prutection llyency of the United States. � (b) Hours--�ill mininq aperations shall he conducted bet�.�een 7 a.m. and 7 p.m. �londay tihrough Saturday only. (c) [r.plosives--the use nnd handlinc� or er.plosives shall oe co- ordinated v�ith the pulice depa��tment. [ilastinq shall occur only at hours specified in the per�nit and at no other time. (d) Dust--operators shall utilize all practical m^ans to reduce the amount of dust caused by the operatior�. In no case shall the amount of dust or other particulate matter exceed the standards established by the (linnesota Pollution Cor�trol Agency. (e) 4later Pollution--operators shall comply viith all applicabie Minnesoi:a Pollution Control Agency regulations and Federal and Environmuntal Protection t�,gency regulations for the protection of t��ater qual ity. flo ��taste products or process residue, includinq untreated ��fash t•�ater, shall be deposited in any lake, stream or natural drainage system, er.cept those lakes or ponds v�holly contained v�ithin the extraction site may be so utilized. , (f) Topsoil Preservatien--ali topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. 6. Rehabilitation Standards: (a) Rehabilitation shall be continuing operation occurring as quickly as possible after the mining operation has n;oved sufficiently into another part of the extraction site. � (b) Slopes--all banks and slopes shall be left in accordance with the rehabilitation plan submitted �,�itl; the permit application. ,!o rehabilitated slopes shall be steeQer than four feet horizontal to one foot vertical, except that steeper � slopes may be permitted in accordance ��ith the rehabilitation plan t�;hen said slopes are planned for slope related usages, for example, ski hills and sliding hills. (c) Gover and Planting--slopes, c;rated, and backfilled areas shall � be surfaced Uiith at least three inches of topsoil and planted with ground cover sufficient to hold ti�e soil. Such ground cover shall be tended as necessary until it is self-sustained. i �� (d) Slopes to Idater Qodies--no slope descending to a��rater body shall exceed one foot vertical to fou�� feet hoi°izontal. (e} Water bodies--all �,�ater areas resulting from excavation shall be rehabilitated as follows: i. ail standin.g water_bodies, except those approved for stor�n water retention, �•rill be filled t�ith acceptable fill material by the end of each construction season. ii. any water body to be used for storm water retention must be approved by the Engineerin9 Departirient. (f) Final Elevation--no part of the rehabilitai:ed area which is olanncd �' for utilization for uses other than open space or agriculture shall be at an elevation 1o1��er than the minimum required for gravity con- I�� nection to sanitary and storm seh�er. � � � 5C r. � f � , � � � � ' � � � I j � pRDINANCE N0. Page Five SI�CT10f� 212.0� fEfS & E?�fiD 1. 7he annual permit fee and expiration date shall be as provided by Chapter 11 af this Code. ?.. Post a surety bond accept��ble to the City or a certified check in an equivalent amount for thc s�un of Sl,')C10 per acre or fraction thereof for th� land to be subjected to the mining operation run- niny to Fridley to secure satisfactory performance of the require- ments set forth in this ordinance. SI-C7IOid 21?,09 VALIDITY liic� vali�ity or any word, section, clause, parayraph> sentence, part or provision p{ LI11S ordinance shall not effect the validity of any other part of this or- dinance o:h�ich can be given affect ��ithoui; such invalid part or parts. SECTIO�� 21?..10 [FFECTIVE DATE ihis ordinance shall take affect upun adoption by the City Council of Fridley, ;linnesota. SECTION 212. ).� REPEP,L Chapter 212 of the Fridley City Code as it existed prior to the adoption of t1��s Ordinance is hereby repealed. ADOPTED BY THE CITY COUI,CIL OF THE CITY Of FRIDLEI' TNIS _ DAY OF ' . 1977. ATT[ST: h1ARVIN C. BRUNSELL - CITY CLERK First Reading: May_� 1977 Sccond Reading: Publish........ WILLIAf�1 J. t�FC - tdA1'OR 5D 0 CITY OF FRIDLEY MEt�10RANDUt�1 T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUi�CIL FROM: MARVIN C. BRU�dSELL, ASST. CITY f�1GR./FIN. DIR. SUBJECT: AWARDING UF QIDS FOR THE SALE OF $1,115,000 GENERRL 06LIGATIO(� SPECIAL ASSESSfAtNT FUND BONDS DAT E: MAY 9, 1977 A representative from Ehlers �nd Associates, Inc. will be present at the Civic Center at 7:00 p.m. to receive and open the bids. They will tabulate the bids and on completion of this tabulation, will announ ce the results to the Council. T"e resolution provides for awardiny the sale of the bonds to the successful bidder. MCB:sh Attachment � �. � � � � � � � �� 6� After due consideration of said bids, moved its adoption: introduced the following resolution and RESOLUTION N0. RESOLUTION A�°IARDING T.HE SALE OF $l, 115, 000 GENERAL OBLIG�ITION SYECIAL ASSESS�IENT FUNll BONDS, FIXIPIG THE FORNI AND SPECIFICATIO�I, DIRECTING TFIEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYr-ZEidT. BE IT RESOLVED By the City Council of the City of Fridley, Minnesota, as follows: 1. The bid of to purchase $1,115,000 General Obligation Special �lssessment Fund Bonds of the City described in the notice of sale thereof is herc:�y found an.d determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, said bid b�ing to pu-rchase bonds bearing interest as follows: � at a price of $ The sum of $ , being t h e a m o u n t b i d i n e x cess of $1,094,000, shall be credited to the bond sinking fund. The Ci,ty Treasurer is directed to retain the , good faith check of the successful bidder pending completion of the sale and delivery of the bonds, and the City Manager is directed to return the checks of the unsuccessful bidders forthwith. The � Mayor and City Manager are directed to execute on b°half of the C ity the purchase agr_eement submitted by the purchasers. � 2. The City sha11 forthwith issue its negotiable coupon General Obligation Speci.al Assessment Fund Bonds of 1977 in the principal amount of $1,115,000, dated Mav l, 1977, being 223 in � number and numbered 1 to 223, both inclusive, in the denomination of � � 0 I� � � I� $5,000 Each, al.l bearing interes�. payable February l, 1978, and semi-annually th�reafter on August 1 and rebruary 1 in each y�ar, and maturing serially on I'ebruary 1 in the years and amounts as I, follotas: $65, 000 in each of ��ize years of 1978 and 1979, both inclusive;. $110,000 in each of the years 19f30 through 1986, both inclusive; $115,000 in th�� year 1987 and $50,000 in each of the years 1988 and 1989 both inclusive. All bonds are issued witho�t , option of prior payment. �� , � 3. The bonds shall be payable at as designated by the purchaser and the reasonable charge of said bank for services as paying agent shall be paid by the City. 4. It is hereby determined that the sum of $1,094,000 is the amount necessary to finance local improvements as se-t forth in the City Manager's Statement for Issuance af Special Assess�ent Fund �onds dated April 4, 1977, and as approved in a Council resolution adopted April 4, 1977, and additional bonds in the amount of $21,000 represents the higher rate of interest authorized by DZSP. Section 475.56 and does not exceed two percent (20} of the amount authorized by the Home Rule Charter of the City. 5. The bonds and interest coupons to be thereto attached shall be substan�ially the farm attached hereto and made a part hereof and designated as Exhibit A. 6o The City Clerk shall obtain a copy of the proposed � approving legal opinion of Messrs. LeFevere, Lefler, Pearson, O'Brien and Drawz, which shall be complete except as to da ting thereof, and shall cause said opinion to be printed on each bond, � tagether with a certificate to be signed by his facsimile signature, in substantially the following form: I hereby certify that the for�going is a � full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, �ehich opinion has been � handed to me for filing in my otfice prior to the time of bond delivery. � � � , (Facsimile Siqnature) City Clerk The Clerk shall obtain a copy of the opinion at the time of bond delivery and execute a separate certificate as to such opinion upon receipt of such opinion anc� shall file the opininn in his of�ice. � . 1 11 � � � 7. The bonds shall be prepared under the direction of the City Manager and sha11 be executed on behalf of the City by the facsinil� siqnature of the i�Tayor and the manual signature of the C�.ty Manager and a facsimile of the City Seal of the City sha11 be affiyed to each ttiereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of the Mayor and City Manager. The said bonds, ��hen so eYecuted, shall be delivered by the City Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to tl�e proper application thereof. I 8. �J.'he bonds iss ed hereunder shall be payable f rom the Special Assessment Funds, as established by Section 7.12(d} of the City Charter and purs ant to all the provisions of said sec tion provided that if any'payment of principal or intere�t shall become due when there is not sufficient money in said fund to pay the same, the treasurer sha11 pay such principal or interest from the general fund of the city and such fund shall be reimbursed �or any advances out of proceeds of assessments or special taxes when collected. � 9. It is hereby determined that the estimated collections of special assessments which will be available for the payment of said bonds will produce at least �ive per cent in excess of the amounts needed to meet when due the principal and 'interest payments on the bonds and no ad valorem taxes are , required at this time. � � , 10. The City Clerk shall deliver to the county auditor of Anoka County a certified copy of this resolution and obtain his certificate in accordance with Section 475.63, Minnesota Statutes. 11. It is hereby determined that the improvements which are financed by the issuance oi bonds hereunder will benef it the entire city and the city hereby covenants with the holders from time to time of said bonds as follows: � (a} The City will cause the assessments for all improvements to be promptly levied so �hat the first installment will become collectible not later than 1978 � and will take all steps necessary to assure prompt collection. , � I � � , (b) The City will keep complete and accurate books and records sho��ing all receipts and disbursements in connection with said improvements, the assessments levied therefor and other funds 6C J 1 6� I� appropriated for their payment, and all collections thereof and disbursements theretrom, moneys on hand and balance of unpaid assessments. � � j (c) The City �,Jill cause its said books and records to be audited at least annually by qualified public accour_tants and �aill furnish copies of such audit reports to anv interested person upon request. 12. The clerk and treasurer of the City are hereby authorized and directed to p.repare and furnish to the purchasar of th� bonds and to the a�torneys approving the same, certified copies of all proceedings and records of th� Cit�� relating to said bonds and to the financial condition and affairs of the Special Assessment Fund and such certificates, affidavits and transcripts as may be requi.re� to show the facts ��ithin their knowlege or as shown by the books and records in their custody or under their control relating to,the validity and marketablility of bonds and such instrum��r_ts, including any heretofare furnished, shall be deemeci representations of the City as to the facts stated herein. 13. The Mayor and City P-Zanager are hereby authorized � and directed to certify that they have examined the official statement or prospectus prepared and circulated_ in connection with the issuance and sale of the bonds and that to the best of � their knowledge and belief said statem�nt is a complete and accurate representation of the facts and representations made therein as of th� da te of said official sta tement or prospectus. �� The motion for the adoption of the foregoing resolutian � was duly seconded by , � , anc� upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: � whereupon said resolution was declared duly passed and adopted. � , � ATTEST: 1 Ca.ty Clerl; Approved: Mayor [� �II� , uE EXIiIIIIT A $5, 000 � UNITED STATES OF AMERICA ST11TE OF MINNESOTA COUNTY OF ANOI� , CITY OF FRIDLEY a � �i GENERAL OBLIGATION SPECIAL ASSESSMENT FUTdD BOND OF 1977 KNOW ALL MEN BY TFIESE PRESENTS, That the City of Fridley, Anoka County, r�linnesota, ackno�aledges itself to be indebted, and, for value received hereby promises to pay to bearer, out of its Special Assessment Fund, on the lst day of February, 19 , the sum of I'IVE THOUSAND DOLLAR.S and to pay interest thereon from the date hereof until the ', � principal sum is paid at the rate of per annurn, interest payable February l, 1978, and semiannually thereafter on the lst day of August and the lst day of February in each year in � accordance with and upon presentation and surrender of the attached interest coupons as the_y severally become due. Both principal and interest an this bond are paya�le at the in any coin or currency of the United States o£ American which o�z the date of payment is legal tender for public and private debts and to provide money for the prompt and tulZ payment of said. principal and interest as the same Uecome due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. A11 bonds are issued without option oi prior payment. This bond is one of an issue of bonds in the total principal amount of $1,115,000, all of like date and tenor except as to serial numbers, interest rate, a nd maturity, all issued by the City for the purpose of providing money to defray the expenses incurred or to be incurred in making local improverments and in anticipation of the coll_ection of special assessments, as authorized by Section 7.12 (d) of the Home P,.ule Charter of the City and is payable primarily �ro:n special assessments levied or to be levied against specially benefited property, but the full faith and credi.t of the City is pledged for their payment. IT IS FiEREBY CERTIFIED AND RLCITED, That all act�, conditions, and th.ings required by the Constitution and LaE�s of the State of Minr.esota �nd the City Charter to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that the full faith and credit of the city is pledged for the payment of the principa 1 of and interest on the bonds of this issue when the moneys on hand in the appropriate fund are insufficient for the purpo se and taxes sha l l be leviecl upon a ll taxable property, if needed to take care o� any deficiency, ��hich tayes may be levied without limitation as to rate or amount, and that the issuance of this bond did not cause the indebtedness of the city to exceed any constitutional, s�atutory or charter limitation thereon. TN TESTIMONY t�]HEREOF, the City of Fridley, Anoka County, P�Iinnesota, by its City Council, has caused this bond to be executed in its behalf by the facsimile signature of the �-layor and the manual signature of the City F�.anager and sealed with a facsimile of the City Seal and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as ot P•��y 1, 1977. City Manager (Fac sir.mi 1e ) ( S EAL ) (Facsimile) Mayor GF � 6G (Form of Coupon) No. $ On the lst c1a1 of (Fehruary) (?lugust) , 19 , the City of Fridley, 1�noka County, P�innesota, will pay to bearer at the amount shown hereon, for interest then due on its Gen��al Obligation Special Assessment Fund Bond of 1977, dated May l, 1977, No. (Facsimile) City Manager 5TATE OF MINNESOTA ) ) COUNTY OF AtvOKA ) ) CITY OF FRIDLEY ) SS. (Facsimile Alayor T, the undersigned, being the dul=� a,ualified and acting City Manager of the City of Fridley, Minnesota, do hereby certify that I have care.f_ully compared the attach4d and foregoing extract of minutes of a meeting of the City Council of said City held on May 16, 1977, with the original thereof on file in my office, and the same is full, true and complet� transcript therefrom insofar as the same relates to the issuance and sale o� $1,115,000 General Obligation Special Assessment Fund bonds of �977 of the Cit��. WITNESS My hand officially as such i�'Ianager and tlze seal of the City this day of P�Iay, 1977. City Manager City of Fridley, Pdinnesota� (S�AL) � DOW-JONES BOND INDEX $.� M�N,ryAwrag�of . Twenry 20�Ywr Bends( . ! 7� b.0 976 '' ' 19T1 . �YC SE► �OCT nOV DEC iE� AM MAY JUN ��JIF 5.0 . . .. �o 00 .00 i,� Monday, May 16, 1977: 6.20% Last week: 6.05� THE WALL STREET JOURNAL , aTu su;•i�iARY S,��rT � k��. $1,115,000 G.O. Special Assessment Fund � Bonds of City of Fridley, Minnesota � held on ' Monday, P4ay 16, i 977 �t 7: QO o' ci�oc� A.t4. _ � . - �I D;� 2 , t�1ET I(��TEREST COST $.3� 3 G Q� . t•;ET It;TEREST P.ATE �i S�8 $ S % ccount i-ianag°r "�BANC NORTHWEST, A1IN�iEAPDLIS, MINiJESOTA � ccoun � I•.��zrs '� Crori n& Marcotte, Inc. , Mi nneapol i s, Mi nnesota � First National Bank & Trust Company, Oklahoma City, Oklahoma - . -�'4Jhite, Weld & Co., Inc., Minneapolis,.Minnesota , - . �j , .--Marquette National Bank, Minneapolis, Minnesota ' �.r Moore, Juran & Company9 Inc., Minneapolis9 Minnesota • '. , . '. , . . � � -------m.�. ��__-�p___ _.�., m_��,__�_W.� v.._._-- ___� . �ID_ � �, NET IAtTEREST COST $ .�'/5�,�3 � �� NET IPSTEREST RATE � G/�„�� . . cco�ni i•1anager ''JUR�N & P400DY, INC., ST. PAUL, MINNESOTA - - . ccount i�nmbers '� First National Bank of Minneapolis, Minnesota _ • � .. Fi rst PJationai Bank of Sai nt. Paui , Ste Pa�al , Mi nnesata , -� Merrill Lynch, Pierce, Fenner & Smith9 Inc� Minneapa�is, Mi'nnesota - '-- Pa�ine, Webber, Jackson & Curtis, Inc., Minneapolis, Minnescita' ..� E. J. Prescott & Company (Diva of Carleton D.°Beh Ca�), Mp1s., MN : ' ' � ' - � . k . , � ' . ' _ .. � �'� �I D�__ C____, t�ET It�TEREST CQST $�/O .�� G�.� NET IPJTEREST RRT� ��.5�� t _. _.___.�l \.I�._� �-�� PA\1TY\/r\�TA� 7■ � ��/�Tf� •111TTI��ni .�w�uu � .�w..�� ..��"' �r.. ___'_ ---'_.. � � � ' r � ' � ' � ' � � i � r r�r�o To : MEMO FROM 0 Nasim M. Quresrii, City Manager Richaxd N. Sobiech, Public Works Director DATE: May 12, 1977 SUBJECT: Staff Report in Response to Petition #5-1977 Menards Cash�vay Lumber Tlie Public �Vorks Depart�nent, in coo��eration with the Fire Department and I'inance Department, has retijiewed the questions raised by Petition #5-1977 pertaining to the operations of Menards Cahsway Lumber. Attached please find memos from individuals involved with certain aspects of the investigation. The vaxious comments and interpretations of the City Codes from the City Departments indicate that the Menards Cashway Lumber operation as presently exists is in no violation of City ordinances. In an attempt to resolve the present situation, contact was made with Mr. Larry Dlenard, who was invited to be in atten- dance at the D4ay 16, 1977 Council meeting, to participate in the discussion pertaining to the petition. It is antici- pated that with appropriate discussion, including resident concerns with the existing commerciai operation, the matter can be resolved. RNS/jm � � C ITY OF FR iDI�EY PETITIUN COVER SHEET Peti t io�� I��. _ 5-197 — Date Received ��la.Y 2z 1977___ object Request that the Ci��of Fridlev investiqate and take ste �s to eliminate the hea�lth and safety hazards caused by the use of real estate t�rithin tt�e Cit�b,k Menards Cashway Lumber located at 5351 Central Avenue Northeast. Petition Checked 8y Percent Si�nin�; Referred to City Councii Disposition Date � �� S � � � 7A � � I � , � t�e, the undersigr.ed, hereby request that the City of Fridley investigate and take steps to eliminate the follo4��ng hea1th and safety hazards caused by the use ofi real estate within thP city by P�enards Cashway Lumber located at 535] Central Rvenue N.E., Fridiey. 1. Fire hazard to adjoining residentia1 prope,,ty due to lack of access to wooded high-hazard areas. 2. The il1egal expanded use within the C-1 Zone from retail commercial to distributive industrial. 3. 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' +,,,, � ��y,r-�- ---- _--- � � CDr` �� i'✓ �. � ..,:,o , , � � —I f- . .. � ' S�/o5.1J�=._.:�....i_�!—_'I.._�!: �.'._.- :.._!__.._ , ��f q _. a ^_ � O Q'i/ b LI � N : ' " "_!� .��' . . ' T , � . . ._�1 . . ..�'`"'.' ._ �...� _ _. . . _. . �� I/ 0�T/I�IT . _.... _ . -,_"'__ ' �, .. ., ;. _ ,.. . SE� z4. p'""--.,--r-a----- — - --- - ......� _ �...�..�..-......_.._......_..._.._..�.._ _ � : . ...�,_._.�._.. f • .: �., :,.� __ _. ____..._ .___ _ . ._. _. _ :..�- __._ ._..�........._ . � � � � SKYWOOD SFIOPI'7NG CEN'TER Lots 5, 9, � 11, A.S, #94 1956 General I�lultiple Dwellings 3/12/59 Ordinance #117 Rezone L. 5, 9, � 11, A.S. #95 fr.om R-3 to C1S 8/1/61 Ordinance #185 Rezone L. 9, 11, A.S. #94 from C1S to C2S Sheldon Nzor�:enson Also approved building permit for 78,900 sc{. ft. department store. � � 5/9/77 - jm � � 7E ,� I� � DATE: May 11, 1977 FIRE DEPARTMI:NT M E M 0 R A N D U M � MEMO T0: Darrel Clark, Community Development Adminis ator , FROM: Robert D. Aldrich, Deputy Fire Chief �%�-i�i� c. �_, � � � � � � � SUBJECT : Memo �EDC 151 Upon receipt of the copy of the above noted memo, I conducted an on-site inspectian of the Menard property. On the da3• that I inspected the property I found it to be in a reasonable condition consistent with it`s use. There were no large accumulations of rubbish in the yard. Storage of the materials was in an orderly manner with most of the lumber being piled in tlie southwest portion of the yard. Fire department a.ccess is provided by gates Iocated on the south east corner of the yard and oa?e lacated on the north ��e�t corner. Althou�h.f ires in lumber yards generally burn with a�reater intensity than an ordir.ary dwelling I have same serious doubts as ta whether or not this yard, c�rhen one cansiders the spatial separatior. from the nearest residential occupancies, constitutes any greater hazard than would be normal. I have no concerns that a fire at this Iocation t�ould not be well within the ability of the fire department to control and extinguish w�ithout it becomir.g a major canf lagration. I do nat consi.der the building itself to be a factor du� to the fact that i_t is a fully sprinklered structure. Water a.vailability is adequate, and the fire department has a number of alternatives to choose from in selecting a routing to a fire at this location. RDA:el 7F � 7G M�MO T0: Dick Sobiech MEt✓�O FROP�1: Darrel Clark-Community Development Adm. MEMO DATE: May 5, 1977 R.�GARDING: Item 2 on Petition 5-1977 on Use of Property First, Menard's did appear on both the Building Standards-Design Control and the City �ouncil agendas in 1974. Part of the problem with the Menard operaticn is in determining exactly what catagory they fall into as far as Zoning Code languac�e. As decided then, and there has been no change since, the following are excerpts and iriterpretations of the Zoning Code; The property is zoned C-2S Under C-2S Uses Permitted, Section 205.101, IB, (2) and (3) are Hardware Stores and Department Stores Under 205.101, 2, Accessory Uses, E states "Storage of inerchandise solely intended to be retailed by a related and established principal use." These Code excerpts probably cor.le as close to the Menard's aperation as possible, ho�vever, they may be some dot.bt now after the petition that they meet the zntent of Section 2C5.101, 1B, 16, which states, "Other retail or wholesale sales or service uses which are similar in character to those enumerated above, will not b� danger_ous or otherwise detrimental to persons residing or working in ��le vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any uses excluded hereinafter. It is this writer's opinion that in Zoning Coae language, the Mena�d operation would not be a permitted use in a P�I-1 or M-2 industrial zone because of the retail sales of r,lerchandize not asser.mbled or manufactured on the pro�erty. Therefore, it appears that an operation such as P4enard's would belong in a C-2 or C-2S zoned district. However, it would seem somewhat practical that it should be contraZled so that it does not become detrimental to persons residing or working in the vicinity. I do not think one person or a group of neighbors can judge this. There probably should be a hearing held by the City Council or other impartial body or individual before that issue can be decided. I further suggest that the info nnation contained herein be reviewed by legal council for liis concensus . D11RI2�L G. Ci,11RK Connnunity Development Adm. � ..-: 7H 0 t�lEt•40 TQ: Dick Sobiech MEMO FROt�: Steven J. Olson, Environmental Officer P�IEMO DATE: May 11, 1977 REG�IPdG: Noise Coming From the Public Address 5ystem at Menard's Cashway Lumber, 5351 Central Avenue N.E. Attached please find my letter dated January 28, 1977 and addressed to Mr. Roland Lang, 1289 Skywood Lane Pd.E. It is still my opinion that no violation of either State or City noise standards exist. The intermittent nse of the PA system does not create a noise over a long enough time period that would constitute a Code violation. AZso in conversations with Mr. Larry Menard, it is his feeling that his company has dane everything possi.ble to reduce the noise being emitted and still be capable of doing business. Therefore, if the residents continue to �ind the noise objectionable, it is my opinion that the City Prosecutor be directed to draft a nt�isance complaint; the residents be asked to sign the complaint and testify in court as to the nuisance; and let a judge make the finai determination. As for the noise reduc:ing the property values of the people effected, I'm not in a position to creditably comment on this. � [� � � i 560-3450 0 7I C�� o ��1� � � � ANOKA COUNTY 6431 UNIVERSITY AVENUF NE January 28, 1977 FRfDLEY, MINNESOTA 55432 Mr. Roland Lang 1289 Skywood Lane N.E. Fridley, Mn. 55421 Rs: Noise From Public Address System Located in the Lumber Yard of Dlanard's Gashway Lumber, 5351 CentraZ Avenue N.Ev Dear Mr. Lanq: � This letter is being sent in response tn a request from Ms. rsary r•�athews, 1259 Skywood Lane N.E. and will inform yoii of the City°s actions to date with regard to the above alleged noise problemo � �� On January 13, 1977 an inspecti�n was cor�ducted of the above listed property to determine the extent of the problem. In a conversation with �e manager, tdr. Larry Dienard, it was explained to him that although a violation of State or City nois� standards may not �tist, a nuisance was being created for the residents east of his btisiness and that the homeowners were contemplating legal action to resoZve tnis mattero Said inspection did result in the �roluzne control of the public address system beiizg turned down to #3 on the diale Mr. Menard felt that this was the minimum tlolume that would still result in tiie message getting to the people being paged. e It is hoped that this noise level will be acceptable to all Qartieso If yourself or someone else being affected feel that the problem persists, please feel free to call on me at 571-3450 to see what other possible solutions may be persued. S3n cerely, � 4.�/� /: �` V �t/ STEVEN J. OLSON Environmental Officer SJO/mh u T0: FROM: SUBJECT: DATE: � Richard Sobiech, Public Works Director Mervin �. Nerrmann, City Assessor Petition - May, 1977 -htenards Cashway Lumber° Company noise May ll, 1977 In answer to your c�uestion as to valuation of residential property just east of above busines5 area: . 4Je have taken into account that property adjacent to Commercial property does reflect a lower market value. This does not mean that we reduce values as properties get older, but measure the market in these inflatiorary times. 4Je have found that althouah w� have started out urith a lower value, the rate of gain keeps up with other areas. Thus still producing some��hat lesser value. d 7J � �� 7K MEMO T0: Richard N. Sobiech, Public Works Director b4EM0 PROb1: (�� Thomas A. Colbert, Assistant City �ngineer . DA'T� : SUBJECT: May 11, 1977 Traffic Pattern at 53rd Avenue and Fillmore Street In response to the petition to be received by the City Council at their meeting of May 16t1i (in particular Item #4) regarding the alleged traffic hazard at 53rd Avenue and Fillmore Street, the pro- ject is intended to be let with �he Minnesota Department of Transportation (MDOT) which will allo��r for channelization and intersection improvement at 53rd Avenue from TH 65 to Fillmore Street. � In conjunction with the hiDOT project, we are presently in contact with the o�aners of the property at Sky�aood and Menards to work out a proposal whereby medians into the shopping center will be more clearly defined by proper chani�elization and median construction. It is hoped that this parking lot entrance improvement will be con- structed in conjunction with the MDOT pxoject. Both projects are anticipated to be completed by the end of 1979. 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O U =' � � � V � . :� � � ° -� 3 � U a` � � W . � �" �� _ j �I.�:: .. . .... 1— •;." �:'. � i �+ � '/ • � y •� � / 1 �`� 2a .ti \ J V N\y \ a Y ' ��, �4 y .X' Ji $ S�' hi �'` � ' ' # 1:;� W:l,n,� hUU� '.':: � .,_ -.--- - _. � ._ . . _._� S p; � �--r - - , • � � / _ ';.::�_�= � `�a.�� i :,� �. i ,� �i � I - `- �� ` f �� :: I � � y �� ,� 4 �ri � � I o �: � ' yl � � � I t v O � � S i 40 I I!£iJ3:� s�ou::;r.�B FN3 1 2 Y O Q � �Y; a '� W 1 f ~ W � u° u a a r ° � Z � �i 2 W OO ,r� ��/ . f� . �/ - �,, _.. � .�, , , � . . .. ;� _ _�� ,f � � � �.,_...�' ,, `�` �, � i � , �; � : '��y,�� /',, 1 �� '-� �� ,, � �; � ,� .� � May G, 1977 / � � 8 �� " �� 0431 UH(VERSITY AVENUE N.E., FRtQtEY, t�tlNNESa7A 55432 � ; h1r. I3rad Stcintnart , Rcal �Lstatc ;tanager , ; Lyndale Tcrmi.r�al Co. �' ;{ 4567 tV. POt}� St. ��;� Bloor�iington, A1N 55437 , � , Dear b1r. Steinman: TELEPHOPI[ ( 612)571-3�{50 As discussed �aith you on hlay 4th, the City is still receiving com- plaints fx•om residents adjacent to tIoliday regardinb carts and litter from the Holiday store be�ng deposi.ted throughout the neighborhood. It i.s rec�uested that the Holiday store manager and you be pre- � sent at the City Cowlcil meetin� of A�a}� 16th to dzscuss �,�ith the Council the operation and maintenance of the Holiday Village I�iorth facility. It is our intent to invite residents in the area ►,�ho have been concerned iaitti the clebris aild carts. Tl1e meeiing on ��fay 16t1i starts at 7:30 p.m., hoiaever I �vill coTltact you r.egardi��g your actual position on tlle agenda. Thank you for your cooperation in this matter and we iaill see you on the 16th. . Yours very truly, Richard h. Sot�iech, P. E. Public 1Vorks Director RNS/jm cc: Cou�icilman ritzpatrick City Ataiiager N.Qureslii P , � _ _-��, �� `r i _ � a/ r , � _�..�,:.:,�. �� ' %y , \Y , rr: . �'� t � /�.� �,, ,�,�,�. I *,` I' � � �� May 6, 1977 j ; Mr. Otto '1'aticr 58GG 2nd Street_NE � � l�ridley, l�iV 55432 � :� I ;�� De-ar Air. Tatzex: ��' �,� f�� '°��"�.� ► UA31 UNIV�RSI'CY AVEt�lU� N.E., FRIOLEY� MINNESATA 55432 TELEPHOP![ ( 612�571-3450 Please be advised that a represezitative froni the iloliday Village North facility has becn requcsted to appear before the City Cou.^.eil on �,lay 1.6th to discuss t:}le operatiori and mai�itetiance of the store, grounds and building. It is anti_cipated t31at discussion will focus on carts aild debris being littered thraugh the adjacenL nei�hbor)IOO�l. Since you had a concern xegardi.ng the Holida;�- operation, we are inviting you i:o be in atienc3ance at the riay 16th meeting. 11'e would also like to request, that if you know of an}�onc else who would like t� �ro��ide some input, that yota please extend our i.nvitation to them also. If you have any c�uestions regarding the above, please contact me. � 1'ours ver)� truly, Richard N. Sobi.ech, P,E. 1'uUlic lti'orks Director Rt�S/jm . � a I � I� 0 ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.Q7 OF THE CITY CHARTER 70 VACA7E STREETS AND ALLEYS AND TO AMEND APPENDIX C OF 7HE CITY CODE. The Council of the City of Fridley do ordain as follows: SECTION lo For the vacation af a street right of way described as follows: �� All that portion of a 50 foot street right of way platted as 73 1/2 Avenue in Marxen Terrace, located between Lot 3, B loc k 1, an d Lo t 1, B loc k 2, a n d, The South 50 feet of the North 355 feet of Lot 6, Auditor's � Subdivision No. 108, together with that part of said Lot 6 that lies within a circle v�hos.e radius is 50 feet and whose � center is located at the Southwest Corner of Lot 8, of said Auditor's Subdivision Noo 108, , �� ! , , All 1ocated in the North kialf af Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statues and pursuant to Section 12.07 of the City Charter and Appendix C of ihe City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY 0� ATTEST: 1977. � CITY CLERK M RVIN C. BRUNSELL Public Nearing: May 16, 1977 , First Reading: Second Reading: ' Publisho...o.o: �� MAYOR - WILLIAM J. NEE �� J �'� , � � � �� i , ' �� I� ' � 0 ORDINANCE N0. AN ORDINANCE UNDER SECTION 1?_.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C Q� THE CITY CODE The Cauncil of the City of Fridley do ordain as follows.: SECTION 1. For the vacation of a street and uti1ity easement described as follows: 7he Southerly 17 foot street and utility easement on Lot 6, B1ock 2, Hyde Park, All lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Ee and is hereby vacated except that the City of Fridley retains an utili�y easement over the Southerly l0 feet of Lot 2, Block 2, Hyde park. SECTION 2. The said Vaeation has been made in conformance with F1innesota Statues ar�d pursuant ta Section i2.07 of the City Charter and Appendix C of the City Code shall be so amendede - PASSEQ BY THE CITY COUNCIL OF THE CITY OF FRID�EY ?HIS OAY OF , 1977. A7TEST: CITY CLERK - MARVIN C. SRUNSELL Public Nearing: i�1ay 9, 1977 First Reading: Second Reading: Publish........ , MAYOR - 14ILLIAM J. NEE 10 J r L-Lil 7 �r�o-�— i'71-.t SAV #77-01 5801 6th Street �. o� �o 0 � � 1 � t � � 1 � � ^ �. , . ..�� .-.__._.._....�-�. . �..... . �__.. � ..."'. ..... � ..�.� ..�-�.-�� ..�- �� . �� 1 ' { ( ( . I , <s �. aT g � ` •, y �; . �. c � { c :c' iy,J I �� ( (1� � - - - - - - _ . 3?.5 _ _ - - - - 7c. 4 � j ..,�,,,,,.,, /{/ 1 � �-��.. �� .�!i�_ / //�//%: i/// ��. �4i � N d % � ! ` - ' "*---- � f ^ " �' ��a�3`�:��=' = ; � '. � s.c - �,� �d.:=• � J� t`� .' � ,...1 i .n � :: � ' --o /1 � '�'" ' -' _'t _-' - - :✓. .v'......�,..iv.:.i;.....y .%I . ----_ _�.�..� _ _ -- -- - - ,- � � � fL� M.4 5.4 I T N /i K ' L.� t �. ��'..;�iiiiiYi..inii%/i.ii.. Jiii.:.:ii%' � - % ` % . . -. .-- ';i l{ �� /�,�� - � . ` �- .. � � � i�i. ,. . . . � ti ^ �. .i-. .�i...ii.i�- ,i•i•. ..��'1 1 ti' --- ---- - � --- ..� ..___..._. __.-----`•- ^--- ---__ �.�—, i�--------�_.�. _ �_�__ I i � . �. � . Q � . ' �i y . . � r � � I� : !, � � L Q �C' �i � : � � _ �� ` � � . � 1 � __ . . .. _.�. �� _ ______ _-_ _.___. _____ __, � L�_, ` ` ( \ ` / - = _ _ _ _ _ _ - - - - -. _ _ _ _ -- _ �'�T � I � � _r ___� ( , � _ , ��_ i �� . � r��_ �20� s.a3° :; ==,� �. -r ; S ./ � '• � _ � ?70.1� M' i'� � ' roy . 3�. .t�1 �'; . 4 � -- t�''/t��t J � '+ ....._.. i �a � �^,"'!� .. ORAINANCE N0. ' AN ORDTNt1NCE AMENDING THF. 1�RIDLEY CITY CODA:,CHAPTER 18 ENTITLED CONTIZACTORS, SECTION 18.03 RLQUIREMENTS The City Council of the City of Fridley does ordain as follows: Section 18.03 "Requirements" is hereby amended to read as f_ollows : 18.03 REQUIRE2�iENTS Application for license shall be made to the City Clerk and such license sha11 be granted by a majority vote of the Council upon proof of the applicant's qualifications thereof, their willingness to comply to the provisions of the City Code, the filing of certificates evidencing the ho7_ding of public l�ability insurance in the limits of ��;988 $50,000 per person, and ��9;9�9 $100,000 per accident for bodily injury, and $3;Q88 $25,000 for property damages and certificates of Workmen's Compensation Insurance as required by law. (Ref. 258) ADOPTED BY TH� CITY COUNCIL OF THE CITY OF FRIDLEX THIS DAY OF , 1977. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: Second Reading: PuUlish........ 11 �J �� OROIN/l�10E N0. Atd ORf)INAt�CE: TO RfPEAL ULD CIfAPTER 302 OF 1H� FRIDLCY CITY CODE, ANIt•1IlL CONIROL P�t�D 10 [STAaLISH A ��LW CH/IPT[R 3U2 0� 7HE FRIDf_EY CITY CODE, �1tJIM/1L CONTROL THE CITY COUf�CIL OF THE CITY OF FRIDLEY DUE:S ORDIIIN AS FOLLO'r1S: 30?_.Ol DEFI��ITIONS The following definitions shall apply in the interpretation and � application of this Chapter and the follo��iny i•�ords and terr�s, arhereever they occur in this Chapter are defined as follows: (Ref. 462) l. A pet shop is any person, partnership or corporation engaged in the business of I�reedin�, buying, selling or boarding animals cf any specics. 2. A veterinary hospital is any establishr:;ent maintained ai�d operated by a licensed veterinarian for the diagnosis and treat- R,ent of diseases and injuries of animals. 3. Animals are any living creatures, dom°stic or wild. 4. An animal shelter is any premises designated by the City for the purpose of impounding and caring for animals held ur�der authority of this ordinance. Such facility may be City owned or shelter service contracted. 5. Animal Control Officer is any individual(s) designated by the City to enforce the p��ovisions of the ordinance, includirig a11 City police officers. 6. A dog is any animal of the canine species. 7. A cat is any animal of the feline species. 8. The keeping of three of more dogs or three or more cats on the same premises shall constitute a{:ernel. 9. A permit is the author•ity to keep a dog or other animal of the canine species within the City of Fridley. 10. An animal tag is provided to individuals ��ho are issued a permit to maintain a dog or other animal for ��hich tag is requ�r•ed. 302.02 CONTROL � It shall be unlavrful for any person who o�•ms, harbors, or keeps , a dog or the parerits or guardians of any person under 1£3 years of age i;o allow such dog, regardless of age of dog, to r4n at large in the City of Fridley. � � � ! � � , . � � 1 302.C3 NUISARCE For the purpose of this Chapter a dog or cat shall be deemed to constitute a nuisance ��hen: 1. The dog or cat is not confined to the orm er's or custodian's property by adequate fencing or leashing, or if the dog or cat is off the premises of the o�Jner• or custodian and is not under the control of the owner or a com�etent person by a leash not exceeding eighC (II) feet in length, when not in a motor vehicle. 2. The dog or cat commits damage to the person or property of anyone other than the oivner, or creates a nuisance upon the p�•operty of one other than tfie oti�rner, except in the defense of the owner, his family or proper•ty. DEFINITIONS CONTROL NUISANCE � � � I�� Qr��.. �... Payc 2 3. A female dog or cat in heat off the prcmises of the ovrner, unless ' canfined in thc process of being trans{�orted to or from the premises of the owner. While an the pr•emises a female doj or cat in heat is not kept in a building oi• secure enclosure where said female dog or cat cannot be in contact ti-rith other male aniinals of its kind> except for planned breeding. 4. The o�mer does not assume the obliyation and responsibility required of the City Code or does not prevent such dog or cat from committing any act vrhich constitutes a nuisance as defined herein. '� 5. The owner or cusCodian keeps a dog or cat tvhich barks, hoti,�ls, cries or yelps so as to unnecessarily disturb or annoy any person or persans in the vicinity thereof; or rrhich animal freyuents school graunds or publ�ic beaches. � 6. The o��:ner allo��s the dog or cat to chase vehicles or interfere with �valkinn of pedestrians, the driviny of autoinobiles, bicycles, motorcycles, motorbikes, or sno�nnobiles on public streets, alieys, grounds or highv�ays. 7. The owner alloars a dog or cat to molest or annoy any person if such person is not on the property of the o�vner or custodian. 8. Every unregistered dog and every dog that runs at large or causes ciisturbance or roise in violation of the provisions of t}iis ordinance is hereby declared a nuisance. 9. A person abandons any do� or eat �-�ithin the bounds of the City of Fridley. 10. Owner or custodian fails to have dog or cat var.cinated against rabies at least once every t+��o (2� years, or dog's vaccination has not been within the past two years. 302.041 REGISTRATION A pe��mit and animal tag shall be required for a dog to be maintained within the City of Fridley or other animal of canine species. No person shall own, keep or harbor any dog over the age of six months, �vithin the City of Fridley unless a per�nit therefor has been secured. Permit cei�tificates shall be issued by the City. It shall be the duty of each person o��ning, keepinq, er harboring a dog to pay the pe�-mit fee established by the City on or before the first day of the permit year, or upon esiablishing residence in the City to forth�,�ith pay such permit fee. The City may cause a notice of the necessity of paying such permit registraY.ion fee to be printed in the official ne�rspaper in April of each year. Issue of netiv permits for the license year shall commence P1ay 1 of each year. A compulsory system of permit and registration is established whereby the City tvill issue City o�•mer permits and animal tags to owners of dogs over six months of a9e upon proof of rabies vaccination ��ithin the preceeding year. Permits and animal tags must be applied for and obtained and anima7 tags affixed on dogs or other canines requiring tags before they attain the age of six months. � The applicant for permit must sign and agree that he is prepared to comply with regulations established by the City. Upon payment of the permit tag fee the City shall execute a receipt in duplicate, the original of which shall be delivered to the person who pays the ,� fee and the duplicate retained in the City records. The receipt shall describe the dog oi° animal as to breed, age, eolor and owner andaddress a minimum. II � 302.042 i In addition to the permit, suitable animal tags, the shape or color of which shall be different for each registr�tion year, shall be issued by the City. The owner shall cause said tag to be affixed I , . , REGISTRATION 12 A +� � � OI2DINAP�CC N0. , � 12 B Pagc 3 � ' by a permanent metal fastener to the collar or harness of the aniinal so registered, in such a manner so that the tag may be seen. The owner shall sce to it that the tag is constantly worn by the animal. In case any tag is lost> a duplicate may be issued by Lhe City upon presentation uf a receipt showin9 thc payment of the registration fee for ihe current year. A charyr as provided by Chapter 11 of this Code shail be made for each such duplicate tay. If at time of initial registration a dog is due to bc vaccinated within the next six months period, then a ne�•� vaccination sha11 be required before permit is issued. 302.0�43 I� It shall be unlat•�ful to co�mterfeit or attenipt to counicr�eit the animal tag or tal;e from any doy a tay legally placed upon it by its oamer �vith the intent to place it upon another anirial, or to place such tag upon another animai. .� 302.044 Animal tags shall not be transferable and no refunds shall be madc on animal pei�mit fee hecause of leavin9 the City or death of the animal before expiration of the registration period. 302.045 No permit shall be required of any humane society, veterinary hospital or laboratory. 302.05 REVOCATION A permit, if not revoked, shall be valid during the license year. A new permit shall be obtained each license year by every OYrIIeY' and a netv fee paid. 302.b51 7he City may revoke any permit if t�ie person holding this permit refuses to or faiis to comply with this Chapter, the regulations promulgated by the City, or any state or local la�� governing cruelty to animals o�� the keeping of animals. 302.052 An animal permit and tag ray be revoked if an onti;er fails to provide animals with sufficient yood and wholesome food and �•rater, proper shelter and protection from the �veather, veterinary care o-�hen needed to prev�nt suffering, and �•�ith hwn«ne care anci treatment. Also, if an o4�rner shall beat cruelly, ill treat, torm2nt, overload, over��lork, or othervrise abuse any a�iiinal, or cause oi� perinit any dog fight, or cock fight, bull fiqht or other cor�iDat between animals or bet.•reen animals and humans. In addition sucli o�•m er shall be liable to court action under this Code, State Statutes and lacal la�vs for any of the actions cited above. 302.053 If any E>erson violating the terr�is of this ordinance three (3} times in one permit year, his permit to o��,n, keep, harbor or have custody of animal(s) for which the offense was cited shall be deemed auto- matically revoked and no ne�v permit may be issued for a period of one year from date permit is revoked. 302.054 Any person whose permit is revoked shall, witliin 15 days thereafter � remove such animal(s) permanently fl�om the City of Fridley or • humanely dispose of animal(s) cited in the violation being o�ned, kept or harbored by such person and no part of the permit fee shall be refunded. REVOCATION , , _� � �+.�'"r - ' ORD1tJl1NCE N0.` • � � Page 4 ' � L_ � � i ' � � I �1 � ' � ' . i � L�I ' 302.OG2 LIVESTOCK See Chapter 301 of this Code. 302.063 4JILD ANIt�IALS AND E3IRDS See Chapter 303 ot this Code. 302.0G4 The section of this Chapter requiring a permit shall not apply to non-residents of the City 4�ho are keeping only d�mestic pets, provided that dtllfild�5 of such orrners shall be kept in the City lonyer than 30 days and that the anirnals are kept under restraint. The provisions of this Chapter shall apply insofar as requirem�nts for rabies vaccinatia�s is concer•ned. 302.065 FEES The annual permit fee and expiration date shall be as provided in Chapter l� of this Code. Neutered or spayed animals shall qualify for a reduced permit fee as provided in Chapter 11 of this Code. 302.07 ItdPOUNDIldG The Animal Control Officer or N�nnane Society shall take up and impounc; ai�y do,s or animals requiring permits or tags found in the City v�ithout the tags; or any dogs or animals o✓hich are in violai:ion of any of the other provisions of this ordinance. Animals shall be impounded in an anir�al shelter and confir,cd in a humane manner. Impounded animals shaTl be kept for not less than five days, incl�lding Sundays and Holidays, ui�less reclaimed by their o��rr�ers. If by a permit tag or other means, the o��;ner can be identified, the Animal Control Officer shall in��rrediately upon impo�mdment noti{y the owner by i.elephone or mail of the impounuineni: of the animal. Not tvithstandiny the provisions of this ordinance, if an animal is found at large, and the owner or custodTan cart bn identified, the Animal Control Officer, may proceed against the owr�er for viqla- tion of the ordinance. The Animal Control Officer may enter upon any public or private premises by warrant or as other�vise provided by la1•� ti�ri�en such officer is in reasonable pursuit of his/her duties. 302.08 NOTICE OF It�iPOUNDP�1ENT Upon iakirg and impounding any dog or animal as provided in this ordinance, the Anir?�l Control Officer or Poundkeeper shall innnediaiely notify the o�•mer, if known, and tne City Police Depar�trient. The Animal Control Officer, Poundkeeper and Police Department shail maintain a record of dogs and anira�a)s so iripounded. 302.091 RfDEMPTION OF Ih1P0UN0ED ANIPIALS In the instance of dogs or animals for which the owner does not have a required permit or tag, the Animal Control Officer or Poundkeeper shaiT not return such animal to the owner unti) a permit and tag, if applicable, have been purchased from the City or from the Animal Control Officer or Poundkeeper. The Animal Control Officer or Poundkeeper shall remit to the City the sum paid to him for the permit or tag and if o�aner has not proof of rabies vaccinations, the cost of immunization, and furnish the City all necessary information pertaining to said purciiase including a copy of any per�z�it ceT•tificate issued in connection therewith. In addition the M imal Control Ufficer or Poundkceper shall be paid by the do9 or animal o�•rner the impounding fee plus fecd ind care for each day t.he dog or animal is confined in the pound. All munies received by the �lrimal Control Officer or Pounkeeper shall be turned over to the 0 LIVESTOCK WILD AfJII4ALS AND I3I f2DS EXEt4PTI0i�S FEES IMPOUNDI P1G NOTIC[ OF IMPOUNDt�1ENT REDEMPTION IMPOUNDED ANIMALS J � � � �RDINANCE N0. P��c 5 City and placed in the general fund of the City. 302.092 I' Any dog or animal for which the o�vner has a current permit tag shall be redeernec! from the pound by the owner after impounc:ing by payment of impounding `ee plus feeding and care for each day the doy is confiiied in the r�ound. Fees paid shall be i�i � accordance with those established by the City. �11 monies received by thc f;nimal Control Offi;.er or Poundkeeper sl�all be turned over to the Cit�i and shall be p�aced in the peneral fund of the City. l � � � � ,� � � � � � � �.. � i� i 302.1Q Uf;CLAIl�iED I!•1POL'iJDED :;�;I,i1LS l�ny dog or animal ��A�ich is not claie�ed i��ithin �ive days after impounding, includiny Sundays or I;olidays, ma,y Uc sold for not less than the amount o; the total charges accrued against th� animal in accordanr.e with this ord�nance and Council resolution, to anyro ne desiring to purchase the dog, if not requested by a licensed educational or scientific institution under �-iinnesota Statutes Seci:ior� 35.7]. Al] sums received by the Animal Control Officer or Pcundl;eeper shall be �urned over to the City and shall be placed in the gene��al fund of the City. 11ny cog or animal orhich is not clain�ed by th2 o��;ner, or by a licens2d educational or scientific in�titu�ion, cr scld, shall b2 painlessly put to deat#� and the b�dy properly disposed of by the Peundl:eepe�. The time of sale or other disposition of dog or animal shall be at least 120 hours after notice has been given to the animal o�•rner by the Anin�al Control OffScer or Pourdkeeper. The provisions of notification of o�v�ier does not apply, �vhen o�•�ner cannot be ascertained. 3U2.11 ANIPQAL GITES: QUA2ANTINE Any person knoGVing of a h�uman being bit by a deg, cat, raroon, skunk, or other r�ahies susceatible species shall immediately notify the Rnimal Contro] Officer or Police Department. �rlhen- ever any dog or animal has bitten any person the o�vner o�° custodian of such dog or animal, having been so notified by the Animal Control Officer or the Police Department, shall immediately cause said dog oi� aninal to be qu:,rantir�ed at the City of Fridle� contract kenn2l facility or at a lic�nsed veter�rar,y hosF•ital or kennel for a period cf 14 days after such person has been bitten by said dog oi� animal. Du�°ing t!�e yuarar�tine period, said do� or animal sha11 be kept under obscrvatior to dctern�ine its cond�tion and if it is found to be sick or diseased, the operator of the quarantine facility shall im�7ediate)y reper* inwr°itirg to tl�e Police Department ai�d the Fridley /lnimal Control Officer, the condition of the anii:�al. The Anin;al Control Officer shall thPn iake necessary steps to determine if the dog or aniir,al is suffering from rabies. During the quarantine period, *he dog or a»imal shall not be removed from the desi;nai:ed Gua�°antine facility exceot by special written permission from the t�linnesota Livestock Sanitary Board and the Fridley Animal Control Officer. The owner of such dog or animal shall be responsibie for the cost of such quarantine. The quarantir,e re�uired by this section shall not be necessary and the requirements shall be waived if custodian of such dog or animal, immediately upon recei;�t of the notice referred to above, presents to the linimal Control Officer or Police Departi:�ent, the certificate of an authorized veterinarian that the dog or aniinal �ras vaccinated for rabies on a da±e less than tGVO years prior to tlie date of such notice. Such animal so exempt shall be quarantined on the preeiises of the owner under strict control for a period of 14 days for the pui°pose of observation for symptons of disease. The Animal Control Officer is autliorized to conciuct a mid-term and terminal exam- ination of the animal. �INCLl11h'ED IM°OU�D[U A°� I MAL S AP;ItdAL BITES: QUARENTINE 12 D � Oa��etJ6NCE N0. . 12 E � � � � � � It shatl be unla�•�ful for any person other than an Animal Control Officer to kill or destroy any dog or anir,�al of the dog kind found running at large in thc City. C�o linimal Conti�ol (lfficer or oiher person shall kitl, or cause to be killed any animal s��spected of being rabid, er,cept after tfie animal has been placed in quarantine and the diaynusis of rabies made. 302.12 VICIOUS ANIMAL Na person shall kcep or allow to be I;ept anyplace in th� City any anintal of a ferocious or vicious cfia�-a;:ter, habit or disposition or any animal �rild by nature, any do9 or aninial shall be deemed to be vicious upon the occurrence of t��o (2) bites within 365 calend�,r days except those occurring in defense of the owner or his pi°operiy. U��on conviction for the violation of this seci:ion, the court may in addii;ion to imposition of sentence, direct tlze Aninial Control Officer to take the animal in question into custady and i'orthtivith dispose of the same as may be directed by the City of Friuley. 302.13 COhiPLAINTS Any person complaining to the Police Department that a dog or other animal is allegedly running at largc or other��ise constituting a danger or nuisance shall identify himself upon request and shall make every reasonable ai;tempt to assist the authorities in identify- ing the dog a.nd its owner or custodian. 302.74 PdUZZLING � l��henever the prevalence of hydrophobia i•enders such action necessary to prQtect the p�iblic health ard safety, the t�layor shal] 9ssue a proclamation ordering every persor, o�•;ning or keeping a dog t•o confine it securely on his prer�ises unless it is muzz�ed so that �� it cannot bite. �;o person shall violate such pi�oclamation, and any unmuzzled dog runn�ng at ]arge during the tin�e fixed in the proclamation shall be killed by the Animal Control Officer �vii;hout notice to the o�•mer. � � � �I L� � ' �• i � LJ 302.15 Y.ENNELS Because the keeping of three or more dogs or three or more cats on the same premises is subject to great abuse, causing discomfort to persons in the area, by �•:ay of smell, noise; hazard and general aesthetic depreciation, the keeping of three or n�ore dogs or cats on one premises is hereby declared a nuisance. The keeping of threc or n;ore dogs or thz�ee o!' more cats on the san!e premises, whether owned by the same person or not and for whatever purpose, I;ept, shall constitute a kennel; except that a fresh litter of pups/kittens may be kept for a period of three months before such keeping shall be deemed to be a kennel. No person shall keep or maintain a kennel in the City of Fridley except upon obtaining a kennel license consistent with the zoning requirements of this Code. Application for kennel license shall be made on forms provided by the City. Such application shall show the following: 1. Location of the premises of the kennel. � 2. Location of all structure for the housing of the dogs and/or cats. If said dogs and/or cats are to be kept primarily ►vithin the home or building of residence of the applicant or of any other person, the application siiall so state. 3. The maximum number of dogs, cats, or any combination thereof, to be kept on the premises. • VICIOUS ANIh1ALS COMPLAINTS MUZZLIhG KEP�NELS � �.J � ort�irinNC� No.___ Page 7 �{. Any dog runs and housin,y foi� do9s shall be a minin;um distance of ?00 feet from any buildinq structures suitrjblc for hurnan habitation, puUlic place a�here food is bought, stored or caten. 5. The premises for any keeping of do9s shall t;e fenced and a simple pTat shoti:iny tlie location of fenciny shall be furnished. 7he fenciny must be of such quality as to contain the �oys and/or cats. 6 7 Method to be used in keeping the premises in a sanitary condition. Method to be used in keeping the dogs and/or cats quite. fi. The application shall contain an agreement by the applicant that the premises may be inspected by the City ut all reasonable ticies. 7he City shall have discretion w�hether to issue such license or not. 1n makiny such dei:ermination, the City shall take into consideration the adequacy of housing the rur�s for the doc�s and/or cats, the method used for sanitation and to m�intain quite, facilities for cuntaining the doys and/or cats, and ti•rith particularity any violations during the previous license pei°iod. If a license is granted and the applirant i:hereafter fails to cornply with the statements made in the applicaticn or any other reasonable conditions imposed, or violates any other provisions of this ordinance, the licensee shall be notified ��y r�ail and given ten days to remedy any defects or defaults. If s��cl�i conditions be not remedied in said ten days, a hearing shall be held after at least ten days mailed notice to the licensee, and the �1CP!1SP_2 and all other interested parties shall be heard. If it shall appear that said kennel is not being properly ma�ntained, tl�e City n�ay revoke the kenn�l license and the kee��ing of three or more dogs, or cats, or any combinatien thereof, immediately shali be discontinued. It shall be unlaalful f�r any licensee to do or permit any of the fol 1 o�ai ny: 1. Allot��ing any of the dogs to run at large on any street or public preperty or any private property not ovmed by the licensee or under his control. 2. Allowing the pi,emises to be kept in an unsanitary or unhealthy condition. 3. Burning of offal waste. 4. Allowing the dogs or cats to bite or scratc,� anyone properl,y on or off the pre,uises. 5. Allowing the dogs or cats to barl;, yelp or fight so as to disturb the neighborl�ood either night or day. 6. Maintaining any dogs or cats so as to create a nuisance by way of noise, odor or othei�wise. 302.151 KENNEL lICENSf FEE The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 302.16 APPOINThiENT OF ANIh1AL CONTROL OFfICER The City may appoint such person, persons, or firm as the City m�y deem necessary and advisable as 1lnimal Control Officer. �. Such appointees shall work under Cfie supervision of the Fridley Police Departr.�ent and shall be responsible for the enforcement of this ordinancc. . � LJ 302.17 EP�FORCEt•�CNT BY ANItU1L CONTROL OFFICER Animal Control Otficers are authorized to enforce the provisions 12 F KENNEL LICENSE FEE APPOINTMENT OF ANIPUIL CONTROI. OFF ICER ENFORCFMLNT BY ANIMAL CONI'ROl OFFICER � 0 J ORDIPlf�IdCE r�o. i'age ft of this ordinance and other relatrd ordinances and statutes pertainin�� to animal control, including tf�e issuance of citat:ioris. 302.1f� If�T[RFERE(JCE 41ITH Ah�I��iAL CO(�TROI. QFfICER It shall be unlav�ful foi° any unauthorired person to break into t�n animai controi pound, or attemE�t to do so, or to taE:e or set free any animal taken b,y such officer in thc compliance of this ordinince, or in any �:ay interfere t�tii:h, hinder, or molest such ofYicer in the disch�rge of his/i�er duty under this ordinance. 302.19 GUARD DOGS,-6!NR�lIP�G Businesses located within the City and maintaining a yuard dog for secui•ity purpe�es shall post notice at the entrance to the premises Hrarniny of the presence of said dog. 3021.191 GUARD DOGS,-AUTHOP.IZATIOf� Businesses maintaining a guard dog shall file with the City a releas� author�izing the police or fire departments to shoot said dog in an emergency situation if necessary in order to allow the police or fire fighi:ers to yain admittance to the premises in the perforinance of their d«ties. 302.20 PE(dALTIES Any violation of this Chapter is a misdemeanor and is subject to ali penalties provided for such violatio�� under the provisions of Chapte�� 901 of Lhis Code. 302.21 SEEIN6 EY[ DOGS P[P,P1ITiED IN f?L6LIC PLACES Whenever any blind pei-san accompanied by a"seeing e.ye" or guide dog prese�ts himself/herself for acccmodation oi° service on any ��ublic conveyance vehicle or to any cafe, restaui°ant, store, or oLher piace of business open to the pubiic, it shall be unla�vful for the proprietor, mana,er of• oreratoi° of such vehicle or place of business to refuse admission to the dog or service to the blind person. 302.22 CI;UEL7Y TO ANIt�1ALS hiinnesota Statutes 346.20 through 346.3�4 are hereby adopted by reference and shall be in full force and effect in the City of f-ridley as if set out here in full. 302.23 REPEAL Old Chapter 302 of the Fridley City Code is hereby repealed. INTFRFERENCE WITIt ANIN'�1L COWTROL OFFICER GUARD DOGS Wl1RN I PJ6 GUARD DOGS AUT HOft I ZAT I 0(�� PENALTIES SEEIhG EYE UOGS CRUELTY TO ANIPIALS REPEAL PASSED AND ADOPTED EiY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977 MAYOR - WILLIAht J. NEE ATTEST: CITY CLERY, - tdARVIN C. QRUNSELL First Re�ding: Second Reading: Publish: _____ 12 G � ' �� ` ' 13 � � � � � � �! ORDINANCE N0. AN ORDIN�NCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY The City Council of the City of Fridley does ordain as folTows: The Council of the City of Fridley hereby amends Chapter 11 of the City Code of the City of Fridley, Anoka County, Minnesota by changing, deleting and adding certain license fees. Section 11.10 Fees. License and permit fees shall be as follows: Code # Subj ect Fee �� ¢�� z�� 302 ��x�¢�� Dogs Non-Neutered; Non-S a ed 5.00/Year 1.00 dup]icate) �2.50 minimum* Neutered or S ayed 2.G0%Year 1.00 duplicate) 1.00 minimum* 302 Dogs Section 302.15 KENNELS) $25.00 � 607 Entertainment $60.00 � �0� u�� Cx��Jl ��z,��0 *Pro-rated PASSED AND ADOFTED 8Y 7HE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS DAY � OF , 1977 r , � � I , 1 ATTEST: CITY CLERK - MARVIN C, BRUNSELL First Reading:_ Second Reading:_ Publish: JPH/pr MAYOR - WILLIAM J. NEE � 0 CITY QF FRIDLEY ME�10 RAN DUt� T0: NASIM M. QURESHI , CITY f�1AIvAGER, A(�D CITY COUPdCIL FROt�1: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUQJECT: LICENSE FEES FOR ENTERTAINMENT LICENSE DATE: P�1AY 3, 1977 The tavern licensing ordinance has been repealed. The new ordinance is called an "Entertainment License." The licensing section of the code does not specifically refer to an Entertainment License but refers to the Tavern License. This should be changed. We have done a cost justification study relating to the new Entertainment License. We feel we can justify a$60 fee for the Ente rtainment License. If the Council is in agreement, the attached ordinance can be adopted on a first reading. MCB :sh At ta chmerj t , , 13 A J CITY Or FRIDLEY LtCENSC COST STUDY � APRIL 29, 1977 ' Entertainment L.icense ' 1. License Division: Finance Department a) License Clerk � Receive application and review Route of Cashier, Police Dept. Council Agenda Writing license and envelope I� Typing card for file Signing and stamping license , Typing application in book Iist � Filing application Applying postage � � 15 min. 18 min. 7 min. 12 min. 4 min. 4 min. S min. 7 min. 3 min. 75 min. Clerk $4.80 (Including 33o pers. ser. 0/H) $ 6.00 b) Overhead (Space �, Occupancy, Supplies, Postage, etc.) $ 5.13 (Est.) c) Administration �16.74 (Including 320 0/H) 3 miri. $.83 $11..96 �II. Inspection Department a) Electrical Inspection � Heating Inspection Plumbing Inspection Building Inspection Fire Inspection I@ 30 min. � Health Inspection 1@ 75 min. License Inspection 1@ 15 min. 60 min. , Inspection $11.60 (Including 34o Pers. Ser. 0/H) b) Travel 7 miles @ .15 �I. Counci , 1 Costs $13.87 (Including 10.55o pers. ser. 0/H) ��'. �ianager Costs $22.12 (Including 32% pers. ser. 0/H} V. Accounting Costs $9.18 (Including 32% pers. ser. 0/H) � 5 min. �ld min. 10 min. I. Legal Costs . (Est.) 5 min. �I. Police Costs Investigation and Review $13.38 (Including 52.1% pers. ser, 0/H) a1 Travel 7 miles � .15 1 b) Police follo�v u time I P � Total 'VIII. Unforeseen cost contingency - Estimated l00 , Total costs. ' � Present Fee: $ 12.00 � 30 min. 60 min. 13 � $11.96 $11.60 $ 1.05 $ l.lb � 3.68� � 1.53 $ 3.33 $ 6.69 $ 1.05 $13.33 $55.43 $ 5.54 $60.97 CITY OF FRIDLEY PLANNING COMMISSION MEETING May 4, �977 CALL TO ORDER= Chairperson Harris called the meeting to order at 7:4� P.�. ROLL CALL� Members Present: �embers Absent= Shea, Bergman, Narris, Peterson, Schnabel, Langenf eld None Others Present: Jerrold Boardman, City Planner APPROVE PLANNING CO�MISSION �TNUTES� April 2D, 1977 Mrs• Shea requested that the Motion on pa�e 32 be corrected• She stated that the �otion was not complete and should read ^o�.��that a memo be sent to all Commissions before their next meetings stating that el�ctions are to be held and stating the dutiQs ane� obliga�tions of inemb�rs of those commissions and officers of those commissions• Mr� Langenfeld inc�icated that Page 1 ROLL CALL� the Iast name listed as Members Present is sp�lled wrang� Lag�nfeld should be Lang�nf�].d• f1r• Langenfeld indicated that on Page 1,4, first paragraph, the sentence reading ^He indicated �hat many people think that this project will be subsidized, therefore, tha-G it wauld be sub- standard", should read "He indicated thdt since this projeet would be subsidized, that some people felt it would be sub- stahdard�^ f�r• Langenfeld felt that the word ^think^ gives the impression that people are thinking of something that does nat exist when, in fact, it is a subsidized project• , Mr• Langenfeld corrected the seventh paragraph from the top of Page 31,• It should have read ^Mr• Langenfeld asked the Commission not to call a Special Interest Group^ and not a...�..a Special Interest meeting� � t10TI0N by f1rs• Shea, seconded by iir• 8ergman, that the Planning Commission minutes of April 20, 197'7, be approved as amended- Upon a voice vote, a11 voting aye, the motion carried unanimously• ' � 14 � Planninq Commission Meeting — May 4, 1977 Page 2 1• CONTINUED= PUBLIC HEARING= REZONING REQUEST, ZOA �77-01� BY GARY PETERSON: Rezane from C-Z {local business areas} to R-2 {two family dwelling areas}, Lo�s 3� 4, 22 and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N.E•, 1344-46 Osborne Road N.E., 1345-47 Meadowmoor Drive N-E-� an� 1331-33 Meadowmoor Drive N�E• MOTION by Mrs• Shea, se�onded by Mr. Bergman, to open the Public Hearing rezoning request, ZOA �77-01, by Gary Peterson• Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7:45 P.M. Mr. Gary Peterson was present. MOTION by �rsa Shea, seconded by Mr- Langenfeld, that the Planning Commission receives the three letters from �r• Peterson, Mr- Richard S• Carlson {Briar Homes, Inc.}, and Mr• Edward Chieso Upon a voice vote, all voting aye� the motion carried unanimously and the letters were receivedo Chairperson Narris indicated that the letters were part of the file and would go to City Council� Chairperson Harris asked if �r- Boardman had any additional comments on this item. Mra Boardman answ�red that he did not. Chairperson Harris asked �r� Peterson if he wished to address this subject• Mr• Peterson commented that he didn`t have anything to say other than that he had put in for a rezoning and wanted to know if it was going to be allowed or not- �hairperson Harris asked if there was anyone in the audience who wished to speak for or against the request• Mrs. Richard �orin of 7635 Meadowmoor Drive wanted to know what the three letters received by the Planning Commission concerned• Chairperson Harris informed her who the letters were from and proceeded to read the letters to the audience• Mr. Richard Morin of 7635 Meadowmoor Drive indicated that he had no objection to duplexes/double bungalows going in on Osborne Road• He said that his objection�was building duplexes/double bungalows on Meadowmoor Drive• He indicated that they {Mr• Morin and the people accompanying him} had been to a previous meeting and had, at that time, voiced their objections• He also said that at the previous meeting they had been under the assumption that all these lots were zoned R-1� not C-1• Mro Morin indicated that the neighbors would like to see the.lots on Meadowmoor Drive zoned as R-1 and anything that Mr• Peterson wanted on Osborne Road• 14 A • ■ Plannin Commission Meetin — Ma 4, 1977 Pa e 3 ■ 1L� ll , � � Mr- (lorin continued by stating that presently they have 70 children on one block area on Meadowmoow Drive- He objected to eight more families with the average of 2•5 children per family moving into the area- Mrs• Richard Morin said that another objection she had to double bungalows was the upkeep- She indicated that even though it had been stated that these double bungalows would be owner occupied, the owners coul.d move out in a couple of days and the property would be total rental- She felt that too many times the renters don't care how the property is kept up and the double bungalows begin to look shabby, therefore, making the whole neighborhood look shabby� � Mrs� Douglas Pavlik of 7651 f1eadowmaor Drive wanted to know if anyone checked int,o the f act that the neighborhood didn't know that the lots were zoned C-1• She indicated that there was concern among the neighbors that they had been told that � all these lots were R-1 lots• Chairperson Harris commented that he suspected that whoever � called City Hall did not specify the particular lots when they asked what the zoning was• � Mrs� f1orin said that she told City H�11 what lots she wanted to know about� She said she indicated the two vacant lots on f1eadowmoor {one fronted on Old Central and f1eadowmoor} and two other vacant lots that were just on fleadowmoor� She said 1 that she was told that all the lots were zoned for single • f amily houses- ' Chairperson Harris said that it was possible she had been informed this� however, he said that the lots had been zoned C-1 since about 7,959• Mr. Langenfeld indicated that the problems brought up at this meeting and at previous meetings had been brought before Council by one of the Council members and these problems were in the minutes as items to be looked into- �1ra Boardman indicated that in regards to upkeep� the City covers every street once a year- Mr• Richard Morin indicated to the Planning Commission that the neighborhood turnout was not as good as the last time because some people were intimidated by what had been said at the last meeting• At the previous meeting� the neighborhood presented a petition to the Planning Commission indicating their wishes to keep the lots zoned C-1• They were informed at that time what could go on the lots as a C-1 zoning• Mr• Morin felt that the Commission had painted a bleak picture for the neighbors• He also felt that many people didn't show up because they felt there wasn't any use to• Mr• Morin again indicated that, for the records, he would still rather see these lots remain C-1 than to see double bungalows/duplexes built on the lots• He said that he had taken his name off the petition because of what the Commission had said� however, G � ' � Planning Commission Meeting — May 4, ],977 Page 4 l4 C he indicated he wanted his name put back on the petition• His reasoning was that if the lots were zone� R-2 then it would be over with and they would have to live with the double dwellings for a long time• However, he said that if left as C-1 perhaps they would have a chance for a compromise with Mr• Peterson• Chairperson Harris defended the Commission and City Staff saying that it had not been their intent to intimidate the people• He continued by saying that their intent had been to inform the neighbors• Mr• Morin said that the effect was intimidation even if it wasn't the intent Mr• Chuck Lindman of 1378 f1eadowmoor nrive pointed out that � there were still many names on the petition and the people would still like the Iots to remain C-1 rather than R-2• � i i Mr• Lindman also indicated that since f1eadowmoor Drive was not a through-traffic street, he didn't think anyone would want to build any business on those lots• He continued to say that f1r• Peterson would probably have to take a loss if he did put some type of business on these lots• f1r• Lindman said that he felt (�r- Peterson wanted R-2 because of more profit• Mrs. Morin ir.dicated to the Pl.anning Commission that she and her husbana wanted to put their names back on the petition• � Chairperson Harris said that that would be passible if the petition had not.gone to City Council• ' Mrs• �lorin indicated that she had heard rumors that nobody would buy lots for private homes on �1eadowmoor• She said that they had talked to the Realtor and he h�d indicated that he already had people who wanted to build on f1eadowmoor• P1rs• f1orin said ' that she made the statement for Mr� Peterson's benefit, so he would know that the Realtor had i�-��licated that there were people interested in buying �single family dwellings ! on those lots• Mr- Bergman asked for someonp to refresh his memory regarding , Lots 5 and 21 on the East and Lots 2 and 25 on the West• He wanted to know if these lots were devel�ped and what they were zoned as- 1 M�s• f1orin indicated that all the other houses in the area were single family- , , L� CJ � �� , Planninq Commission Meeting —�1ay 4, 197? Page 5 Mr• Qoardman indicated that the lots East were single family dwellings and the lots West were commercial• Mrs• Morin said that she only meant that there were no other multi-family homes in the area- Mr. Morin indicated that the commercial buildings all face on �entral Avenue• He said that two of the duplexes would f ace Osborne Road• He continued to say that they were only concerned with the building of duplexes on �eadowmoor Drive Mrs• Schnabel wanted to know if the concensus of opinion of the � neighbors that were present was that they did not want any of the property rezoned or specifically they didn't want the two lots on Meadowmoor Drive rezoned• ' � �ro Morin indicated that they either wanted the lots to remain C-1 or R-1� but they did not- want the lots rezoned to R-2 on �eadowmoor Drive� He said they weren't concerned about the lots on Osborne Road Chairperson Harris asked �rs• Schnabel if she had handled � particular item in the Appeals Commission �eeting of April 26, 1977• He also wanted to know the recommendation this made• 14 D � Mrs• Schnabel indicated that that the Appeals Commission did not handle this item because the petitioner was not present at the meetinaa She also said that there was no person from the � neighborhood present at the meeting• She said that the Commission felt they wouldn't act upon it until such time as either the pe.titzoner req�euted to came befor� the Appeals Commission or some person from the neighborhood made a request• The ' Commissiarl felt that there wasn't enough information to go on so the item was tabled• Mr• Bergman wanted to.know what the item was that had gone before the Appeals Commission• Mrs• Schnabel indicated that it was a request for a reduction in lot size for R-2• �rs• Morin indicated that she had called City Hall to talk to someone regarding the meeting for that night• The person she talked to told her that it wasn't necessary for the neighbors to appear because no matter what decision was reached, it would be based upon the contingency that the lots were rezoned• Planning Commission Meeting — May 4, 1977 Pa�e 6 , lc� E Chairperson Harris said that he objected to what Mrs• Morin had ,� bePn told• He indicated that, if Staff was passing out that type of information, he objected. � Mrs• Schnabel indicated that she was really sorry to hear what Mrs• Morin had said• She told Mrs• Morin that they rely on the opinions of the adjacent neighbors to the property that is before the Appeals Commission• She indicated that the comments , are used by the Appeals Commission so that they can make a decision at the Appeals Commission level• She cohtinued to say that if the Commission doesn't hear from anyone, they can only � assume that everyone is in agreement with whatever appeal is coming througho Mrs. Schnabel did indicate that what Mrs• Morin was told was true, that whatever decision was reached, it would � be based on the contingency that the lots were rezoned• Nevertheless, f1rs• Schnabel felt that f�rs• f�orin should have been told to attend the Appeals Commission meeting. � � , � Mr� Boardman asked been told that she Commission meeting• for a verification that �1rs • f1orin had did not have to come to the Appeals Mrs• f�orin indicated that she had been told that it was completely unnecessary. Mr. Langenfeld indicated that on this particular ^subject^ he felt the people had been terribly misinformed in more ways than one• Chairperson Harris suggested that this item be added to the ' agenda for the evening to be discussed later, after the Public Hearings. � Mr• Bergman also felt that there was a lot of confusion �on this subject. Ne indicated that �he petition seemed to be the last thing completely firm as to wha wasfar and who was � against the request. �1r• Bergman wanted confirm�tion that this petition was placed into record as it stood as of the last meeting that was held on this subject• ' Chairperson Harris acknowledged that this had been done- Mr� Lindman indicated that any names that were left on the petition still preferred to see t-1 than R-2 zoning on the lots• He also said that if there was any problem, he would be able to get the entire block of Meadowmoor Drive to sign the petition• � � CI �Plannir,�� C_ommission f1�eting — May 4, 197? Page 7 � Mr• Bergm�n �sked f1r• Peterson if he was aware that there was � a f�ir arnount- of neighborhoc��3 o;�posi�ion and confusion as to t�ie n�ig€-ibo��s understanding his rights as well as their own c�ptior�so N� continued to ask f�r. Petersan if he had any ' contir��gency plans to develop the prc�perty as C-1 � if the rezonzng reyuest was not approved• , � � , � Mra Pet;�r,son responded tha� he would prob��ly build a warehouse and of r ice space � Chairperson Harr°is responded that warehouses are not allowed in C-1, zanes- f1ro Pe�erson clarified his s�atement a� sa�ing office and warehouse, not just a warehouse- f1r• Bergman asked f1r• Peterson if th�re was some hardship in his ability to dEVelop the Iots as C-], or leave the lots for future development as C-1� He wanted to know if this was part of f1r� Peterson's request for the change� �1r. P�terson indicated that there was no identifiable f�ardship• f1r� Peterson felt that R-2 would be better as a buffer zone• , Mr� Bergman asked Mr- Peterson that if after li�tenir�g to the neighb�rs objections, if he would reconsider zo�ing the lots frontinr on Meadowmoor to R-7,• f1r� Peterson ind�cated that he would r�ave to qive the matter some thought• He said th�t there was ciefinitely a financial difference in selling R-1, comparPd with selling R-2 and that the difference would have to come out of �is pocket� Chairperson Harr:i.s asked Mr. Boardman about the lot sizes. Mr� Boardman res�onded that one lot on f1Lau�owmoor �ras 120 feet deep with 75 foot firo�tage and th� other lot on f1eadowmoor was 1,?0 feet deep with b5 foot fr�ntage and 9� foot rear• Chairperson Harris asked f1r• Bo�-ardman if the norm�l R-1, lot was 75 feets flr• Boardman said yes- Chairperson Harr�s continued by saying that 9,OQ0 sc{uare feet was the minimum r�-1� lot size; therefore, it appeared that the lots on Meadown;oor would be considered as minimum R-1 lots• 14 F s Planning Cnmmission Mr-�e�ing — May 4, 197? Paqe 8 Mrs• Sc.hnabel indicated to (�r. Boardman tha� the Code Book stated that the lot width at the set back on a C-], lot should be not less than 16Q feeto hir- Boardman said that the lot width of not less than 160 feet or 20,0�0 square feet• Chairperson Harris told flrs• Schnabel that by putting all four lots together, a person would have a buildable C-], lot- Mr�a Schnabel indicated that if the two lots on Osborne Road were rezoned, and the lats on f1eadowmoor were kept as �-1, then the result would be an unbuildable C-1, lot- f1rs- Pavlik wanted to kr�ow if the lots on Meadowmoor were the normal R-I, lot size, would the lot be big enough to build R-2's• Chairperson Harris indicated that he would need a variance- He then asked f1r• Boardman what the rninimum lot size was for an R-2• Mr. Boardman said that the minimurn lot size was 1,[],�00 square feet• Chairperson Harris saic! that at present these lots did not make minimum square footage• He indicated that the lots were presently 9,0�0 square feet• f1r�a Sch�abel indicatcci tha�t the variance requests were the rea�ons the subject had b�en brought before the Appe��s Commiss�on- She said tnat tl�e four lots individually.did not meet the minimum square footage of ],0,000 square feet• f1rs• f1orin wanted to know if the variance requests would be before the Appeals Commission again� f1rs� SchnabPl said tha� the items were tabled u;�til the petitioner requested to again appear before the App�als Commission� ' Mr� f1orin �ndicated tNiat they had been lec� to believe that the Appeals Commission meeting was inconsequen�ial• He said that actually the Appeals meeting was the key meeting because if � they had won thezr appeal at the Appeals CQmmission meeting, �1r. Peterson wouldn't be able to build R-2's on those lots• Chairperson Harris indicated tha� because of the misunderstanding ' regarding the neighbors attendance at the Appeals Commission meeting was the reason the Planning Commission was going to have a discussion later in the eveningo � � ? �� G r L� ' ' � � Planning Commission Meeting — May 4, 1977 Page 9 14 �-; Mrs� f1orin wanted to know f1r. Peterson's reasons for not wanting to build R-Z's on the l.ots. f1r• Peterson indicated that he would have to give the idea some thought- f1r• �)alter Lizakowski of Z4Q2 �1eadowmoor Drive indicated that he felt the main objecti�n to the R-2's was the amount of children that could possibly be added to the already over- whelming amount presently on Meadowmoor Drive� f�r- Morin said that they presently had a high instance of vandalism mostly caused by children and he didn't feel that more children should be added• Chairperson Harris asked f1ra Peterson if he wanted his request to stand as stated or if he wished to change it in any way- �Ir� Pe�erson wantec; to know how he was to go about changing the request, if his decision was to change it. Chairperson Harris said that since they were down-z�ning-, he � would be able to just state to the Planning Commission whatever change he would want• Mr• Pe�erson wanted to give the subject some thought. He said he would let the Planning Commission knou� either by telephone or letter• Chairperson Harris indicated that the Planning Commission could continue by making their recommendation to Council and then Council would set up a public hearing ta hear the matter and then make a decision• He said that the Council's deeision would be final- He told f1ra Peterson that the Planning Commission only maE:es recomm�ndations to the City Councila Mr� Peterson wanted to know if it would be permissable to Iet City Council know at the time tf�ey set the Public Hearing if he wanted to change his requesto Chairperson Harris said it would be okay as long as it was before City Council made publication of the Public Hearing �1r� Peterson wanted to know when exactly he would have to notify someone as to changing his request� �hairperson Harris indicated that t�he Planning Commission f1eeting minutes would go �o City Council on �1ay 16, 1977, at wf�ich time Council would set a Public Hearing- � J � � � 1 Planning Commissi_on Meeting — May 4, 1977 Page ZO !1r• Lar�genfeld wanted to be sure that the neigh'�ors were aware of what could be establishecl i� � C-�, designationa The neighbors in the audience said that they were aware of the possibilitiesa f1r• Langenfeld indicated to tne neighbors in the audienc� that if he had in any way imposed upon them or put them ^on the spot^ it had not becn his intention• MOTION by �1t^. Peterson, seconded by f1rs• Shea, to close the ' Public Hearing on the Rezoning Req;�esL, ZOA �77-01, by Gary Pet�rson• Upon a voice vote, all voting aye, Chairperson Har�is declared the Public Hearing closed at 8.23 P.f1. � �10TIOP� by Langenfeld to deny the rezoning request, ZOA �77-01, by Gary Peterson: Rezone from C-1 {local business areas} to R-2 {two family dwelling areas}, Lots �, 4, 22, and 2�, � Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being Z326-28 Osborne Road N�E�, 7,344-46 Osborne Road N•E�� ],345-47 Meadowmoar Drive N�Eo, and Z33Z-33 fleadowmoor Drive NoE. due to the � objecticns from the neighborhood� �10Ti0N DIES FOR LACK OF SECONI� • � � � � � � � � � f10TI0N by f1rs. Sc_hnabPl, seconc�ed k�y f1rs• Shea� that the Pl�nr�ing Commission recommenc�s to City Counci2 the approval of i,l��e rezaning request, ZOA x77-[]1„ by Gary F'eterscn = Rezor�e �rorr C-�, {local business areas} �to R-2 {tw� family dwelling areas}, Lots ��nd 4, Block 2, Meadowmoor T�r!^ace, to allow the constructian c�� double bungalaws/duplex��, the s�me being ��26-2b Osborne Road NoEo and 1,344-46 Osborne Road N.E.; qND recommend to City Council �he denial of the rezoning request� ZOA �77-0�„ by G�ry Peterson: Rezone from C-1, {local business areas} to R-2 {two family dwelling areas} Lots �2 and 23, Block 2, Meadowmoor Terrac�, to a11ow the construction of double bungal.ows/duplexes, the same being ],�45-�47 �1eadowm�or Drive N•E� and 1�31,-3� f1eadowmoor Drive N.E• Chairperson Harris did not like the Plation by f1rs• Schnabel because that proposal would create an unbuildable C-1, lot• He said he would rather have someone recommend the rezoning of the lots on Osbarne Road to R-2 and rezoning the lots �n fieadowmoor Drive to R-I,� Mrs. Schnabel indicated that �he petitioner had not requested for a rezoning as such� ' Chairperson Harris said that the Planning Commission could recommend such a rezoningn 1_�, I p � ' � � Planning Commission MeetincZ — May 4, 1977 Page 11 iu � I�r• Boardman sazd it would be best to deny the rezoning and leave all the lots as C-1• f1r• Langenfeld said that that was why he had made his particular motion as sucha He recommended that the request that was before the Planning Commission be denied- Mr• Bergman stated that ta recommend that the request be denied would penalize the requester as to time to change his mind� hlr• Boardman poin�ed out that the Planning Commission could only � make the recommendation to City �ouncil to deny the request and that tne decision would be made at the Council level and any arrang�ments could be made at that time• � f�rs� Schnabel indicated that her intent in �naking the motion was to grant the petitioner the ability to put R-2 dwellings on the two lots on Osborne Road� She said that she understood that � an unbuildable C-1 lot wauld result, however, hEr intent was to hope that the action �ould, in a sense, fcrce f1r• Peterson to rezone the lots on Meaciowmoor Drive ta R-],- � � � h1r- Bergman haped the Plannin� Commission would take a positive position, including possibly their thoughts as to how the Commission hoped the petiti�ner w�uld change his request, and pass on to �he City �o�.�ncil �hose th�u�c�ht� assuminy that his request would be cons�.stent wit� the Plann�ng Canvmission• Therefore, hlr• Berqman voted �gainst f'�rsm Schnab�l''s motian- Mr• Peterson didn't think tl�e motion by f1rs• Schnabel was in line with what tl-�e pe�itioner had r�qu�sted• Mrs• Schnabel indicated that the petitioner w4s requesting rezoning on two parcels of land and she recommende� approving one and denying the other� At this poin� there was discussion among the Commission as to whether the land was one or two parcels• Chairperson Harris said that the Public Nearing notice indicated the lots as two parcels of land; one located at 1,326 and 1344 �sborne Road N•E� and one located at ],331 and 1345 f1eadowmoor Drive N.Eo 1 Mr• Langenfeld felt the commission should stick to the petition itself. He said that the Commission couldn't split something that k�asn't in the form of the petitior�. � � �J Mr• Langenfeld again indicated that his motion had been to deny the stated request by Mro Gary Peterson• � Planning Commission Meeting — May 4, 1977• Page 12 ' thairperson Narris indicated that it was in the Ordinance that I� " the Planning Commission was allowed to recommend a lesser zone without re-publication• I� Mr. Boardman said that the policy st�ted that this could be done at the petitioner's request, but that the petitioner had not made a request. He continued to say that the Plannzng Cammission did have the authority ta recommend any rezoning on , a lesser basis without re-publication• Mrs. Schnabel said that the Planning Cnmmission's motions are � orrly recommendations to the City Council and not final approval. She said that the petitioner had the option to change his request at the City Council level• UPON A V�ICE VOTE, 2 voting aye and 4 voting nay, the motion failed : f1r- Bergman indicated that the Plahning Commission was opposed to the total and specific request of rezoning four lots to R-2o He also indicated the the �ommission wo�;ld be unf avorable towards a C-1, development of the four lots. Therefore, he said that a compromise would be in the best interest of the qeneral neighborhoodw He continued by sey�ng that a valid land use of the four lots would seem t� be for lots 22 and 23 to be reznned for singJ.e family development and that lots 3 and 4 be rezoned for buffer zoning for duplexes- f10TI0N by f1r• Bergman that since the petitioner had indicated some in�eres� in the above modification and with the anticipation that t�r4 Peterson may choose to change his requ�st, f1r� Bergman suggest�c! that the request be passed on to Council with the Planning Commission's thaughts• MOTTON DIES FOR LACK OF A SECOND� f10TI0N by Mr. Peterson, second�d by �1r• Langenfeld, that the Planning Commission recommends to City Cauneil the denial of the rezoning request, ZOA �77-01� by Gary Petersono Rezone from C-1, {I.ocal business areas} to R-2 �{two family dwelling areas}, Lots 3, 4, Z2, and 2�, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1,326-28 Osborne Road N.E�, 1344-46 Osborne Road N.E., 1,345- 47 f�eadowmoor Drive N• E., and 13�1,- �3 f�eadowmoor Drive N. E� with�the understanding �hat the City Council would read all of the minutes of the Planning Commission to find out ihe intent of the neighbors as well as the intent of �he Planning Commission UPON A VOICE VOTE, all voting aye, the motion carried unanimously• Chairperson Harris indicated that the rezoning request ZOA �77-01 by Gary Peterson had been recommended for denial and that the request would go to City Council on May 1,6, 197?, and that a date for a Public Hearing would be set at that time• He also said that the audience wo�ld be notified by mail of the date for that Public Hearing• � 14 K Planning Commission Meeting — May 4, 1977 Page Z3 , � 14 L Mrs. Pavlik wanted ta know was going to be done regarding th� rezan�.ng and the size of the lots. Chairperson Harris indicated that the sub,iect would have to be eppear before the Appeals Commission- However, he stated that if the petitioner decided to go along with the previous discussions rega�,ding the �eadowmoor Drive lots, he would not have to go befo,e the Appeals Commission• Chairperson Harris indicated that Mr• Peterson might have to go before the Appeals Commisszon regarding the lots on Osborne Road• Mr� �orin requeste� to be notified if the subject went before the Appeals Commission again• �r� Boardman indicat�d that usually people aren't notified on an item that had been previnusly tabled• Chairperson Harris indicated that it would be best, in this particular case, to notify the people that would be corcerned• Mr� �orin assured the Planning Commission that if they would be notified, that there would be a goad turn-out. Mr. Boardman said that the people would be notified by mail• 2� °Ll3LIC HEAR_�fvC' CONSIDEf�ATT�!V OF A PRELIf1If�fQRY FLAT, P.S• �.77-0�, IWEN TERRACE, BY�A� 'f. GEARf1AN�= Replat of Part of Lots 3, 4, an� 5, Auditur's Subcaivision No� 25, generally located immediately South of the 1,OOQ Qlock �f Lynde llrive N. E o, East of Palk Street N.E� and West of Fillmore Street N�E. f10TI0N by f1r- Ber�gman, seconde� by f1r. Peterson, to open the Public Hearing on the Consideration of a preliminary plat, P.So �77-C13, Iwen Terrace, by A• T• Gearman• Upon a voice vote, all vo�in� aye, Chairperson Harris declared the Public Nearing open at &.40 P.(�. � �10TION by Mr• Langenfeld, seconded by f�r• Peterson, that the Planning Commission receive �.he memorandum to Jerry Boardman from Thomas A Coibert, Assistant City Engineer, dated fiay 4, 1,97� 1 regarding the Iwen Terrace Plat• Upon a voic� vote, all voting aye, the motion carried uraanimously and �he memorandum was received� � � � Planning Commission Meeting — May 4, 1977 Page 14 Chairperson Harris askea Mr. Boardman to give the backgroun� on this item. Mr� Boardman indicated that the proposal was to plat some apen property between Polk and Fillmore Streets N.E�, just south of l.ynde Drive• H� said that presently there was a large ponding area on this propertya He continued to say that there was a proposed plat on this area at one time �a make buildable sites aut of the �rea, however, that plan fell through and this proposal i�as what came out of it• He indicated that the proposal was for six lotso hlr• Qoardman showed the Planning Commission a copy of the praposed plat� He indicatec! that the lo�s are lar,e having between 87 8$9 feet in width and about �04 feet deep� He said that it was the intent of the city to retain a drainage pond an the bacl� portion of the property with droinage easement picked up on lots 4& 5� He sa�id �.hat the ponding area would drain aff drainage into the sewer system on Polk Street� f�rs� Shea wanted to know about the easements• Mr• Boardman indicated on the drawing the easernents that the City wantea. Chairperson Harris wanted to know if iot 4 would be buildable• f1r� Boar�dman indicated on tne drawing an ar�a t;h�t wo;�ld be � regraded and he said tha� 'ti12i''e wouid be a sizable area to build on this lc�t• He indicated, further, that. at the time they were not sure �f the ex�ct a�yle af th� lot but s��.a that before the final plat went to City �ouncil the angle of Lot 4 could be 1 changed� He sai.d that the drawing wauld be reworked and proceeded to show the Commission differen�t areas that would be reconsidered. � � �1r� Bergma� asked f1^o Boardman what the clepth of lats would be� Mr� Boardman indicated that the lots would be 304 f�et, of which the City would take 75 feet to allow for ponding area� f1rs� Schnabel asked why the City wanted a curved e�sement on Lot 4 rather than make a right-angl.e �urn vnto the connectiny streeto Mra Boardman indicated that it was mainly because of the slopes 1 of the hillsides• He said that the angle of the curve had not been decided yet� He indicated that bef�re the final plat went before the City Council he would be ��tl�g , with '•-he Engineering �� Department to determine actually how much easement would be needed• � � ' 14 M � r � ' � Plannin�Commission Meeting — P1ay 4, 1�977 Pa�e 16 Chairper�son Harris want�d to know if it was Mr• Iwen's intent to make the pond into a drain�ge retention pond• f1r. Iwen said that it was his intent to make it into a drainage retention pond• Chairperson Harr�s asked wh�t he planned to do with the pond� He wanted to know if f1re Iwen pl�nn�d i:o dig it or dredge it or put in c�ntral structures, or basicalZy what did he plan to do� f1r� Iwen ir�dicated he wanted to leave the pond as it presently was� f�lr. Boardman indicat�d that the Engineering Department recommended six stipulations be placed on the Plato f1rse f�cKinley wanted �o know what the zoning was on the six lots� Mr. Boardman indicated that the lots were zoned ft-1- f1r� Boardman wanted the following six stipulations read into the � record• 1� Comments and any pertinent requiren,Fnts if any, must be obtained from the D�partm�nt of Natural Resources � regarding �Ilowabl2 al�eratio!�s tc the existing wet land within this pl��t �rior to ��nprov�l- � L� �� . 4� A 75 foot drain�ge and utilzi;y easemen� along the east lot line of lots 4, � and 6 and along the west lot line of lots Z, 2 and �� A 24 faot drainage and utility easement centered over the common lot line of lot,s 4 and 5. A 5 foot drainage and utility easement al.ong a11 property lznes not previausly mentioned- 5• Unless expressly prohibited by the Department of Natural Resources, the owner should relocate the existir�g drainage ditch presently centered on let 4 to the eommon property lir�e cf lots 4 and S, and an appropriate inlet structure to be constructed as a con�ection to the existing storm sewer line on Polk Street. A timetable of one year would be appropriate with an acceptable performance bond of $2,000.00• An alternative would be`the � -� acceptance of an agreement together with an escrow of $2,OOa•DO fcr such construction in the future• 14 0 � � � i Planning CGmmission f�eetin� (1� a�_�4, 1977 Page 17 1�� P 6� A triangular street and uti]_ity easement over the sauthwest corner af lot 4, for future street and utility purposes, the dimensions of which to be determined by tl��e Engineering Division and property owners prior to submissi_an of final plat- As f1r� Boardman read each of the stipulations, he clarified some � of the statements to be sure that everyone clearl�� understood each point� . � Mr• Bergman wanted to know if the Engineering Department's reconimendat�ons for drainage easements and systems would be an improvem�nt from the present flooding situations- Mr9 Boarldm�n said that it was his understanding from Engineering that what 'chey were basically doing was taking wha� was already existing, ofataining easernents, and gettirig a utility and drainage easem�nt centered over the common line between Iots 4 and 5, to allow Lot 4 to be built and also to get drainage out to the Polk Street s�orm sewer system. Mr. Boardman didn't know if the Engineering Department felt �hat this system would be bett;er. A11 (�r� Bo�rdman knew was that they planned to maintain �he exa.sting s,ystem until there was fu►�th�r develupmen't in t'r�� area• He cor.LinuPd tn �ay that if there was to be an additio�al re-plat o�� the �roperty, then somethirig would have Lo be done wi�h the stor�m sewer sYstem in the area to h�ndle the additional drair.age- He said that there was presen�ly a ponding area on the property because of the incomplet� development. f1r• Bergman indicated that the reason he asked the questio� was that it was his impression that it was not spe�ifically part of the reGuestorts intent to improve on the flao�ing problem� f1r� Iwen wasn't aware �hat �here was a flooding problem� f�r• Bergman indicated that he felt that it was the tirne to address that problem� Mrs• �1cKinley wanted to know what floodirg problem f1r• Bergman was talking about. Mr• Bergman said that she had commented about having water in her basement� Mrs� f1cKinley said that there had been no problem in the last few years because the pond had been low- �Ir• Peterson wanted to know if Mrs. McKinley had water in her basement in 1975. � � PlannincLCommission �eeting — May 4, 1977 Page 18 f1rs. �1cKinley explained that two things had happened the year of � the ^big" tornada• The first thing was that the tornado took the roof off the apartment building and then bounced down to the swamp arid she indica�ed �hat her house ^sang^� She said that II � every wire and pipe in the house vibrated and made a very eerie sound� She continued to say that that was the same year that I a construction company tried to drain the swamp• ' 1 � , r �� f�rs- �1cKinley said that the first few ye.ars they lived in the house they never had any water prob].ems• The first time they experienced any problems was the year mentioned above and she couldn't say which of the items, the tornado or the draining of the swamp, caused the water problem• f�r• Peterson again asked if T1rs• f1cKinley had water in her basement two years ago when the water was so high• Mrs• McKinley indicated that she did- f1r� Iwen indicated t;hat there was presently a drainage syst�m out of the pond- He said that possibly the system was too high� He continued to explain that there was a culvert and that when the water got just so high in the pond, it drained into the storm sewer on Polk and then into f1oore L�ke- He said that no matter how much rain we got, the pond shculdn't raise any higher �han a certain level- Chairperson Harris wanted �o know how large the outf all structure was- Mr• Iwen said that the structure was a makeshift, temporary thing with no piping• He said that it was ,just a culvert in a storm sewer and when the water got �co a certain point in the swamp, it would just drain off. f1r• Iwen indicated that he believed that it would take about two years to get the legal items worked out regarding the corner• Mrs• i�cKinley wanted to know when the work would be started if the lot did get re-platted� � I�r� 2wen guessed that it would be Fall before any work got started� thairperson Harris asked Mr• Iwen if he had had a chance to read through the six stipulations� f1r� Iwen indicated that he had read them through and the only item he questioned was Item 6^A triangular street and u�tility easement over the southwest corner of Lot 4, for future street and utility purposes, the dimensions of which to be determined by the Engineering Division and property owners prior to submission of final plat^• 1�� C1 .Pl.anr�inc�Comrnission f1eFL-ing — May 4, 7,97 r Page 19 l� � P1r• zwc�+� wanted to know if this stipulation wo�ld leave a buil��ble Iot• t�r• E��rc�mar� said tha�. ther-�e would be no problems and Mr. Gearman would h�ve a buildable 1_ot; • f1r. I�f�en indicated that everything on the list was agreeabl� to him- Mr• ft�bert Prois of ],06Q Lynde Drive N•Eo indicated that his f amily enjoyed t�he pond and the natural setting and he wanted ta r�ecommend that the City buy this parcel of land and leave it zn its natural sta�;e u �irs. f�cKi.nley indicated that she felt the whole block enjoyed the land in its natural sta'te and felt that a pdrk would be idea].� However^, she said if th�t couldn't be done, then R-], would be better than a lot of things that could happen to these lc�ts� She did indicate that she would like to see the pond left natural• She said that most of the neighbors enjoy�d the birds that carne to the pond. She algo said that if people kept draining ��nd moving the natural wPtlands, th� children two or three generations from now wouldn't even know what a water bird looks Iike. Chairperson Narris wanted to know if thi:, ponding area encompassed en�irely an t�r�e area in quest;ion- f1r• E3�ardman indicaL-ed that �he ponc�in� area also went back into Lots 6, 7 & 8• Mrs� �1cKinley wanted to know what was go:ing to happen to the natural drainoff from the sQrvice roacl. C1ro Boardman indicated it would go into the road• f1r • Iw�n in.dicated that he wanted the {�ond • �i� said that th,ey could have gone into the area and filled �he pond and made 20 to 30 lots to build on• He pointed out that he was only pl�annis�g to have six lots and he planned to keep the pond• One of the reasons he gave. was that it would have been tc,o expensive to go into the area and build a develapment wi�h 2� to 3Q houses- He said he would have had to put sewer and water, streets, curbs, and gutters• He said that by doing it the way he praposed, he already had sewer and water on both Polk and Fillmore Streets and he could leave the pond in its present state- Planning Comrnission Meeting —�ay 4, 1977 Page 20 l� S Chairpersor� Harris wanted t� kn�w what Mr. Iwen planned to do with the lats• Mr• Iwen indicated that the lots would be sold for individual homes- Mrsa McKinley wanted to know if t�r. Iwen planned to build the homes himself • �1ro Iwen d��dn't want to say whether he would builc� the homes ar not• f1rs• �cKinley wanted to know if there would be any restrictions on the homes� f1r. Iwen s�id that he didn't believe there would be any other than the same restrictioris placed on any home in �:he area• �1rs• f�cKinJ�y felt that there would have been a bigger turn out if more people could have figured out what the Public Hearing notice was trying to say� Chairperson Harris indicated that the Planning Commission was required by l.aw to publish the legal description cf the property• �ir • f2 � M• Frank of 5512 Fi?_1mcr� Stre�t wanted to know if an individua3 �ould uuy on� of the s�x plan�ed lats and then break that lot into two lats, thereby creating a possibility of �,2 lots inst�ad af the arigir;al plan of six lots� Chairperson Harris indicated that a person would be able to make a request to split the lot; however, ��rhether the City would allow it would be another matter• (�r• Frank <<�anted to know if there was enouch square footage to make these lots into two lots• Chairperson Harris said that he assumed �here was enough square footage on the lots to enable a possible lot split. �1r� Frank wanted to know if Lot 4 would be a buildable lot- Mr- Iwen said that he was told it would be a buildable lot� (�r• Frank wa�ted to know if the replat was being requested to make Lot 4 buildable• Planning Commission Meetin� — May 4, 1977� Page 2Z l4 r � � Mr. Twen indicated that the purpose of the replat was to make all six lots buildable• Mr. Frank wanted to know when the new street would be put in. Mr. Iwen indicated that he didn't plan to put a street in� Mr. Boardman pointed out on a drawing to Mr4 Frank the area.he '� was referring to and indicated that the street would come at the time when whoever owned the bac� land deci.ded what they wanted , to do with the property. �r- Frank wanted to know if the entire are on the drawing was zoned as R-1• ` �r• Soardman again pointed out on the drawing the areas zoned as R-1 and the lots that wer� zoned R-3- , �OTION by Mr� Langenfeld, seconded by Mr. Bergman, to close the �ublic Hearing on the consideration of a preliminary plat, PoS� �77-03, Iwen Terrace, by A. T� Gearman• Upon a voice vote, '� all voting aye, Chairperson Harris declared the Public Hearing closed at 9:1,Ci P. f10 ,� I�r� Berqman asked �1r• Iwen if he felt any particular burden or had any strong objections to the six conditions and stipulations recommended by the Engineering Division Mr• Iwen only asked tha� he was left with six buildable lots• MOTION by Mr• Bergman, seconded by f1r� Peterson; that the Planning Commission recommend to Ci�y Council approval of the consideration of a preliminary plat, P�S� �77-[J�, Iwen Terrace, by A� T� Gearman: Replat of Part of Lats 3, 4, and 5, Auditor's Subdivision No. 25, c�enerally located immediately South of the ],0�0 B�.ock of Lynde Drive N::E.7 East of Polk Street N�E� and West of Fillmore Street N�E� subject to the six stipulations recammended by City Engineering• flr• Langenfeld wanted it to go on record that the comments and opinions of the Rice Creek Water Shed District should be considered. Chairperson Harris indicated that these would be considered• �1rs� McKinley wanted to know why the Rice Creek Water Shed District had to be consulted- , �_J ,� �_ � � Planning Commission �eeting — Ma� 4, 1977 Page 22 Mr• L�ng�nfeld said that �rs• McKinley had showed great concern of th� pand and it was �r. Lan�enfeld's opinion that the Rice Creek Water She� District was very conce�ned abaut the deletion of wetlands, ponding areas, etc• hecause of the effect it has on the sur�ounding areas in regards to eliminating the natural water resources• Chair�erson Harris also indicated that the pond durnps into � �oore Lake which in turns dumps into Rice Creek� He said that that was anather reason to consult the Rice Creek Water Shed District. UPON A VOICE VOTE, all voting aye, the motio�� carried unanimously• 14 U Chazrperson Harris indicated that the Planning Commission would be recommending to City Council approval of the consideration of a preliminary plat, PoS� �?7-03, Iwen Terrace, by A� T• Gearman subject to the six stipulations recommended by City �ngineering• ' Chairperson Harris saa.d the item would go to the City �ouncil on May ],6, 1,97�, and they would set a date foi� uublic hearing• 30 PUBLZC HEARING� CONSTDERATIOPJ OF A PRELIh1INARY PL�T, p� �� 7?-G4, NORTOP� A,VENUE H4(�E�`ITES, BY WYMAN SMITH= F��p?a� or L��t 1,�, Auditor�s Subaivisio�� IVo� 89, except the Easterly 200 feet �t1�:�r��f� g`ne^ �-�I1� �ocated on the South side of Norton Avenue where it in-cersects with Central Avenu� N.Eo MOTION by �1ro Langenfeld, seconded by Mrs• Shea, to open the Public Hearina on the consideration of a preliminary plat, P•S• �77-04, Norton Av�nue Homesites, by U)yn,an Srriith• Upon a voice vote, all votinq aye, �hairperson Ha�ris declared the Public Hearing open at 9:1,5 P• h1 � Mr• Wyman Smith of 125� Builders Exchangc� B1dg� was present• MOTION by f1rsa Shea, secanded by �1rso Scnnabel, that the Planning Commission receives the le�ter from I�r• Jerry 0 Sympson• Upon a voice vote, all voting aye, the motion carried unanimously� Chairperson Harris indicated that the letter was received and that it would go with the file to the City Council- Planning Commission ��ting — Ma� 4, 197? Page 23 hlr. Baardmman indicated that �he proposal was for six lots and that portion of Lot ],3 minus th� 20Q feet to the East• He said that there had b�en a mix up with the St�ff in that f1r• Smith didn`t have 442 feet but r-�ather had 475 feet- f1r� Boardman indicatec! that f1r. Smith had anather drawing that he had ske�ched out• �1r. Wyman Smith gave the background up to the point of the meeting� He indicated that by using the 475 feet� he could have f�_ve lots of ?9 foot width and one lot of 80-foot width• Ne said that by doiny it that way all six lots would have over the 75 foat minimum requirement� t�lr. Boardman said that he had laid it out as two lots having 75-foot width and four lots with 80-foot width and then �ir• Smith would have five feet ar out-lot• He indicated that with the five foot out-lot, the 1,50 feet on the corner could possibly hav� �wo single family lots, if Mr• Leroy Smith so desired� By having the five foo� outlot, Mr� Wyman Smith could sell or give the five feet to �1r• Leroy Smith, thereby giving Leroy the required amount of square footage without having to go through a lot split• �1r• Wyman Smith indicated that the corner lot could not be taken care of the way f1ra Boardman suqgested because P1r� Leroy Smzth had $25,L�DQ invelved a�d a person couldn't get that kind of money ou� of two dwelling lots� �1r. Wyman Smith suggested that �he five Iots with 79=foot width ar�d one 1�t with 8�-foot width b� laid out• Mro Boardman indicated that the requi�^erients of the lots would f�e that the CiLy would need five root util�_�y and drainage easements along the side of each of the lots and ten foot utility and drainage easements along the back� Mr� BoardmGn asked f1r. Smith if he was aware of tf�e park fee that would be involved with the plating• �1r. Smith indic�ted that he was not aware of this park fee• � f1r. Boardman explained �hat there would be a park fee that turns out to be ten percent of the land value af the property which would �qual approximately a038 cents per sguare foot- �I CJ i 1 Mr� Smith wanted to know what he was to do next. Mrd Boardman indicated that the final plat would have to be drawn up for City Council• 14 V � Planning Commission Meeting — May 4, 1977 Page 24 � MOTION b Mr• Peterson, seconded by Mr• Bergman, to close the Y Public Hearing on the consideration of a preliminary plat, I� P�S� �77-04, Nerton Avenue Homesites, by Wyman Smith• Upan a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 9:25 P.f1. f10TI0N by f�r• Peterson, seconded by �1r• Bergman, that the Planning Commission recommend to City Council approval _ of a preliminary plat, P�S� �77-�4, Norton Avenue Homesites, by Wyman Smith: Replat of Lot 1,3, Auditor's Subdivision No. 89, except the Easterly 2D0 feet thereof, generally located on the South side of Norton Avenue where it intersects with Central Avenue N.E. Upon a voice vote, alI voting aye, the motion carried unanimously. Chairperscn Harris indicated that the consideration of a preliminary plat, P.S• �77-04, Norton Avenue Homesites, by Wyman Smith had been recommended to City Council for approval- He said that it would go to Council on �1ay 16, 1977, and they would set a date for a Public Hearing. Chairperson Harris declared that the Planning Commission would take a ten minute break at 9:35 P.M- Chairperson Harris called the meeting back to order at 9:45 P•f10 MOTION by Mr� Peterson, seconded by Mra Bergman, that the Planning Commission move Item 8 of the Agenda to Item 4. Upon a voice vote, all voting aye, the motioi� carried unanimously• 8. STAFF ACTIVITY REGARDI�!G INFORf�ATIO�! TO CALLERS- f1r� Peterson said that he shared the entire Planning Commission's embarrassment at the statement that was made- He felt that the Staff should be very careful about suggesting that people not appear in front of commissions that are meeting if the people are effected because if the commissioners volunteer their time� then it is important that if the people have anythi.ng to say, they should be encouraged to be at the meetings Mr• Bergman commented that the entire item f�ad been a very confusing item• He felt that the public should take more time in developing their thoughts and their positions• He also indicated that the people in the audience should be more careful about stating their requests when they call City Hall for information• He cited the example where Mrs� Morin indicated she called City Hall and asked someone if she was required to attend the Appeals Commission meeting• Mr. Bergman stated that N0, she wasn't required to attend the meeting. l4 'vJ � Planning Commission �eeting — May 4, 1977 Page 25 14 n Mr• Bergman did say that rather than just saying N0, the Staff person could have informed the caller that it might be to his benefit and that he should attend. �r� Bergman stated that very possibly the people are asking the wrong questions or are using the wrong w�rds when stating a question because there was too much indication of confusion and misguiding for it to all be one-sided- Mr. Peterson stated that the Staff people that understand the Ordinances and are working at City Hall full time sould have a little more burden on thern than does the citizen who is not as weJl informed� Staff person should have realized that when the caller as�ed if she was required, the caller really meant was anything gaing to happen of importance� Mr• Peterson felt the staf� should be discerning enough to understand even if the wrong word might have been used• Chairperson Harris said that a policy or procedure had to be set up on how to handle instances such as this� �r� Boardman commented �hat prior to that time, there had �een no policy or procedure regarding this problem• He went on to say that there were going to be corrections made� He stated that ctaff was planning to set up a seven-day time requirement before any application ha� to go to paper for Public Hearing Notice or any application notice that would have �o be sent with an agenda� He said that Staff would require s�ven-day application time during which time the application would be reviewed by aIl Staff personnel and then, and only tf�en, would that item be put on an agenda or set up for a Public Hearing� �r• Boardman indicated that the second thing that would happen would be a Staff Checklist� He said tha� on Friday, May 6, 1977, a Staff Checklist Proc��dure would be set up in which a checklist sheet would be attached to all Building Permits and all applications for rezoning, special use permits, etc• and it would go through the entire review process• It would then be returned to one person who would be the responsible person for follawing the request through. He indicated that it would be returned to him if it was an appl�cation for the Planning Cornmission and that he would have a complete handle as to all �he recommendations from the other areas= He indic�ted that other requests and applications would be sent to the appropriate person responsible� � ' II , � PlannincZCommission Meeting — May 4, 197? Page 26 --, �1ra Boardman also discussed ��ith f1r• Sobiech the giving out of information• He indicated that since the secretaries did handle much of the load for the Administrative Staff, that the secretaries be informed that certain information would have to be given out by certain personnel• He said that a firm conclusion had not been reached but the problem was being worked on• ' Mr• Langenfeld indicated that he felt it effected both the Commissian and the audience wherti th� people joined forces and talked about an item and then c�me to the meeting with ' ,�ust one idea in mind, that being WHAT THEY WANT, and then when any p�rson on the �ommission tried to inform them or educate them, it would turn into an accusation that the , Commission had tried to intimidate �them• He felt that ' sometimes the Commission was faced with a mental block that had to be penetrated before the item could even be discussed• , Chairperson Harris indicated that the problem with mis- informai:ion from City Staff was that it was worse than no information at all• He said that the people would get the ' misinformation and then that would be changed and then the people get defensive and belligerent- f�r• Boardman indicated that there had been several cases ' when a�erson would �onsult the �ity on a piece af property and ask haw many units they could build o�� tf�is piece of property. He contir�ued to say that without any further � information on tchat piece of pr,aper�y, t��ey could only tell what would be possible on that much square footage of landa ' ' ' � Chairperson Harris said that the requestor should be asked exactly what specific piece of property he was talking about• Mr. Boardman said that even with that information, they would have to take the time to layout L-he building and layout the parking lot• He indicated that usually they inform the person that according to the Code he would be allowed to build eight units on that praperty if alZ of the other requirements were met- f?r• Boardman said that then the person is told to draw up a site plan and bring it in to City Hall and they could discuss the plan further- ' Mr Peterson the requests information ' � ' � mentioned to f1r� Boardman that were from Real Est��te Agents to be able to tell a potential perhaps many of who would want the buyer� I4 Y � � Plannin� Commission Meeting -- May 4, 1977 Page Z7 l4 � Mr� Boardman indicated that they still could only tell the person that according to the square footage, he would be able to build a certain amount of units but that there would be other code requirements that would also have to be met� Mr� Boardman cited an example to the Commission� Mr. Peterson suggesed that in cert��in cases the reqUestor be given a copy of the Code and have him discuss it with his attorney rather than Staff saying anything• Mro Boardman said that usually they indicated that according to the square footage they could be thinking af that certain amount of units- Then the requestor would b� given a copy of the Ordinance and would be informed that those would be the ordinances that would have to be met and before there would be any more discussion on the plan the requestor would have to have a site plan• ' �r� Bergman said that he felt that the number of units that would be allowed was a r�easo�able question for a citizen to ask and that Staff should givP him an answer- Mr�sa Schnabel mentioned that in the Appeals Commission that most of the members go out and do a site inspection on each piece of property that would go before the Commission• She said that they do this inspection individually and on their own time. She indicated that particularly when there was an appeal that was unusual in nature and would present some distinct problems to the adjacent neighbors, she has gone to the site and talked to the neighbors about the request. She said that the Appeals Commission had a particular request that was appearing for the second time and when she was at the site, she talked with a neighbor who indicated that she was not going to the meeting• Mrs� Schnabel talked with the neighbor and indicated that the Appeals Commission needed their input and it turned out that the neighbor had been opposed to the particular request and because of �rs• Schnabel's encouragement the person went around the neighborhood and had a new petition signed and that nezghbor and several others appeared at the meeting� �rs� Schnabel indicated that she didn't like to "hand-hold^ people from their homes to the meeting but she was concerned about the person at the meeting that indicated that she had called and had not been encouraged to attend the meeting� Mrs� Schnabel said that she would like to see a memo sent to the Staff indicating that any time there is a public hearing and someone calls regarding tha� meeting, that the person calling definitely be encouraged to go to the meeting• � ' ' I , � Plannin9 Commission Meetiny — May 4, 1977 Page 28 �4 A�, Chair�erson Harris cited an example to �he Commission that a person would call City Hall and ask what a particular address was zoned as and they would be told, for example, R-1� He said that then the requestor would say thank you and hang up and Ci�y Hall would have no idea what was across the street or in the neighborhood- Then when the owner of some adjacent property wan�s to build some factory or something on his property, the citizen would be upset because he had been told by City Hall that his lot was zoned as ft-1- Chairperson Harris indicated that the citizen didn't always have the exact facts• Ne said that the citizen had been told that HIS lot was R-� but there had been no indication that the adjacent lot was also an R-1 lot� �r� Boardman indicated that the only way to correct that type of misun�erstanding wou1� be to ask the person calling to go intc City Hall and review, with a Staff inember, the Zoning Map� Chairperson Harris wanted to know if something could be mailed � to a person requesting zoning information, showing �hem the zonings near them• ' Mr� Boardman indicated �hat an abundance of requests come_ into City Hall each day, and to do that type of mailing would b� quite an additional expenditure just for mailing costs• , Chairperson indicated that the present way the zoning information ca11s were bein_y handled was not adequat�- , �r� Boardman felt that the number of complaints received compared to the amount of information that went out of City Hall each day was rela�ively small• ' ' ' � r , � ' ' �r• Boardman indicated that it seemed that the main area of misunderstanding was in �he area of requests for zoning information• He went on to say that the problem could be caused by some Real Estate Agent telling a perspective buyer that he had talked to City Hall and had been told that the lots were zoned whatever• Chairperson Narris suggested that when a person would call City Hall to request information on zonings that the person be requested to go to City Hall and discuss their question with someone who could explain the exact zonings in the particular area • Chairperson Harris then asked �r� Boardman if this procedure could be implemented• Mr• Boardman said that the requests for zoning information could be handled as outlined by Chairperson Harris- C' � Planning Commission Meeting — May 4, 1977 Page 29 1.�4 Bn 4. CONSIDERATION OF THE REC0t1MEPJDATZON FROf1 THE APPEALS COf1fiIJSION TNAT PROPERTY OfalfrERS OF RESIDENTIAL PROPERTY W�TN� �EET OF ANY OPERATION APPLYING FOR BEER, WINE b�2 L�QUGF� LICENSES BE NOTIFIED OF THIS APPLICATTONo � I' Mra Boardman indicated that at the time the Beer Ordinance was reviewed, the City Attorney sugc�ested that such notification should not be a condition of the licensing but should be a ' condition of the zoning. Therefore, it was not written into the Licensing Ordinance� � ' f1r• Boardman indicated that at the present time Staff was working with the City Attarney on the conditions for notifzcations• He requested that the Planning Commission table the item until Staff received further response from the �ity Attorney• f1r• Peterson asked if Chairperson Harris wanted the item , continued so it could go to other Commissions or did he want the item back on the agenda• , f10TI0N by flr- Peterson, seconded by �1rs• Shea, that the Planning Commission continue the consideration of the recommendation from the Appeals Commission that property owners of resioential property within 20G fe�t of a�y ' operation applying for beer, wine or liquor licenses be notified of this �pplication until the fa_rst meetir�g of July so that each member Commission would hav� a chance to rev�ew it. Chairperson Harris asked that the City Attorney research in particular Itpm �,� in Ordinance =�435, Sec_ti.on II — Conditions of License: 1,1• Any police officer, or any �roperly designated officer or employee of the �ity shall have the right to enter, inspect, and search the premises of the licensee during the business hours without a warrant. He requested that the City Attorney kept in mind the Fourth Amendmer�t ta the U�S• Constituti�n: ^The right of the people to be secure in their persons, houses, papers and effects against unreason.able searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized•" Planning Commission Meetin� — May 4, 1977 Page 30 �hair�erson Harris also requested the City Attorney to keep in �� mind the Fourteenth Amendment to the U.°S� Constitution that states: ^All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the S�ate wherein they reside� No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nar deny to any person within its jurisdiction the equal protection of the laws•^ Chairperson Harris felt that this Ordinance was unconstitutional• Mr Peterson acknowledged to Chairperson Harris that he agreed completely with his statement• He also said that the Ordinance made references to persons 21 years of age and he indicated that presently the legal age is 19 years• He indicated that he thought the entire ordinance needed rewriting• Chairperson Harris also didn't like the wording of Section 9— Persons Ineligible for License• In particular he questioned the second item ^Who is not of good moral character^• He wanted to know the definition of "good moral character^. UPON A VOICE VOTE, all voting aye, the motion carried unanimously� The consideration of the recommendation from the Appeals Commission that property owners of residential property within 200 feet of any operation applying for beer, wine, or liquor licenses be notified of this appiicatian will be continued at the first Planning Commission meeting in July- �rs• Schnabel asked Mr. Boardman if he expected to have the City Attorney`s response before the first meeting in July• �r� Boardman indicated that he should have the City Attorney's response before July• Mr• Peterson indicated that on �onday, May 9, 1977, the Parks and Recreation Commission would be having a special meeting regarding the Commission°s goals and objectives and other forward looking things and he extended an invitation to the Planning Comrnission members to attend• Chairperson Harris indicated to �r. Peterson that he had a petition for the Parks and Recreation Commission• ' MOTION by Mr� Peterson, seconded by Mrs- Schnabel� that the Planning Commission receive the petition a�d forward it on to the Parks and Recreation Commission for inclusion on their ' agenda- Upon a voice vote, all voting aye, the motion carried and the petition was received and forwarded• ' ' J ' ' ' Planning Commission Meetinq — May 4, 1977 Page 31 1� DD ClOTION by �1r • Langenfeld, seeonded by f1r • Bergman� to receive the Park and Open Space Plan• � f1r•Boardman distributed a copy of the Plan to each member of the Planning Commission indicating that Staff had completed their version and that it was to go before the Parks and Recreation Commission• He explained that there were a few maps s�ill missing from the document and that they would be distr�ibuted to the Commission members in a few days• f1rs� Schn�bel wanted to know if a small map delineating the neighborh�oods would be includ�d� f1r. Boardman indicated that the par�ticular map Mrs� Schnabel had referred to in addition to several other maps would be distributed in a few days� f1r• Peterson pointed out to the Comrrission that the Parks and ' Open Space Plan reflected the thinking of about 12� people that had served on the neighborhood committees one year ago� , , 1 � �� Ir• Boardman said that the Parks anc! Op�n Space Plan was quite an action p1an.• He said that it made some very strong recommendations, some ef which might be controversial; but said that it was a document that Staff felt was essential to the Parks and Recreati�r� Carnmission regarding the future development in the City of Fridley� UPON A VOICE VOTE, all voting aye, the motion carried unanimously• The Planning Commission received the P�rks �nd Op�n Space plan� 5• CONTINUED= PROPOSED f�AINTENANCE CUDE � Chairperson Harris indicated that this item would be deferred until later in the meetl.ng� 6• RECETVE APPEALS COf1�1ISSI0N f1INUTES- APRIL 26, 1977 � f10TI0N by f1rs � Schnabel, seconded by �1r � Bergman, that the Planning Commission receive the Appeals Commission Minutes of April 26, 1,977• , ' ' ' � ' f1r• Langenfeld said that he really liked the way the Appeals Commission minutes are set up regarding the Administrative Staff Report. He indicated that it would save time if the Planning Commission had a similar form to refer to on each of the items discussed at the meetings• , Planning Commission Meeting — May �, 1977 Page 32 f�rs. Schnabel indicated that the entire Appeals Commission �� E felt that the Adminis�rative Staff Report was a very helpful toala f1r. BQardman asked Chairperson Harris if he felt an ', , Admi_nistrativ� Staff Report was actually needed or if the oraZ presentation was adequate• ' ' Chairperson Harris indicated that a Staff Report would be helpful� He asked f1r. Boardman if there would be staff available to make Administrative Staff Reports for the Planning Commission• Mr• Boardman indicated that he co�ald possibly delegate the task of producing Administrative Staff Reports to another persor„ but that he personally would not have the time- There was some discussion on the reasons for a rezoning �� request to be before the Planning.Comrriission at the,same time that a variance request was before the Appeals Commission• fir• Boaraman wanted to know if a rezoning was approved with a certain thing in mind that would require a variance, would the Planning Corr•rnission be putting a burden on the Appeals Commission to grant the variance� Chairperson Harris sai� tha� if �he Cii;y Counca.l approved a rezoning as it stood, they would be giving taCi� approval to the variance request. f1r. Boardman indicated that the who7.e purpose of the re--orqanization of the Planning Commission was done so that all the information would come together• at the Planning Cnmmission and they would make a full recornmendation to the City Council taking into consideration the variances and the rezonings that would be needed• He felt that the position of the Appeals Commission was a recommending commissian for the City Council, with their recomrnendations going through the Planning Cammission. He felt it was very essential that some�imes the Appeals Commission would have action on a variance request before the Planning Commission acted on a rezoning request� Mrs• Schnabel indicated that sometimes the Appeals �ommission ' was very uncomfortable handling a variance request on some property before a rezoning had been approved� She felt that when a petitioner went before the Appeals Commission for a ' variance request with a plan in which there would be alternatives, she didn't think it appropriate to hear the request before the Plannsng Commission had acted on the rezoning• ' � , C�� ' ' Planning Commission Meeting — May 4, 1977 Page 33 1��4 FF Mr• Boardman indicated that the Planning Commission should present to the City �ouncil a"full picture^• He also felt that the petitioner should have the ^fiull picture^ of the different Commissions responses before he goes before the City Council• f1rs• Schnabel and f1r. Boardman discussed for a short time their reasons for and against the handling of a variance request by the Appeals Commission before the Planning Commission had approved the rezoning- � Mr• Boardman felt that a clear picture is not given to City Council when too many different things on the same ' property go ta t he City Counci l at di f ferent times. i �J Chairperson Harris said that the intent of the way the Planning Commission was set up was to present a complete package to City Council on a proj�ct with all the materials and recommendations all together- UPON A VOICE VOTE, all voting aye, the motion carried ' unanimously and the Planning Commission received the Appeals Commission minutes of Apri1 26, 1977• ' 7. RECEIVE ENVIRONM�NTA��.�LIT�f1MISSION f1INUTES= AP�IL 1,9, 1,977 f10TI0N b� Mr• Langenfeld, seconded by f1rs• Schnabel, that � the Planning Commission receive the Environmental Quality Commission minutes of April 19, 1,977• , f�r- Langenfeld indicated that the Environmental Commission was going to embark on a Noice Pollution Ordinance very shortly� Mr- Langenfeld referred to the statement he made that he would appear before City Council with the request by League of Women Voters for the Environmental Quality Commission to co-sponsor a public meeting on ^Energy^ on Monday, April 25th••••� Mr. Langenfeld indicated that the date was actually f1ay 2, 1977� Mra Langenfeld told the Planning Commission about the flay 2nd meeting- He explained that he worked the Environmental Resources simulator. H� expTained that the top of the machine had knobs representing our means of energy and the bottom of the machine had knobs representing our energy consumers {such as automobiles, industries, agriculture, etc}• He explained how he worked the machine and said that the goal was to try to make the energy resources last for 500 years. He said that after many tries, they made the resources last for about 683 years but that they had completely cut out automobiles, airplanes, and air conditioners• He explained that the whole purpose of that machine was to show that by merely conserving on one thing was certainly not going to solve any problems• ,� � Planning Commission Meeting — May 4, 1977 Page 34 i �.� r� Mrs• Schnabel said that �he was pleased to see that the `� Environmental Quality Commission was going to follow up on the request from the Appeals Commissi�n regarding the East River Road traffic problems. � Mr• Langenfeld indicated that he had used the ?-1], Store to be located at 79th and East River Road as a^case^ item to try to show the Environmental Quality Commission how ' involved just one particular problem could get• He also said that he hoped that the East River Road Project Committee could pr�v�.de the necessary informati.on �hat had been requested• ' UPON A VOICE VOTE, all voting aye, the motion carried unanimously �nd the Planning �ommission received the _ Environmental. Quality Commission h1inutes of April ],9, 1977- � Chairperson Harris discussed items received from Mr� Mike E� 0'Bannon and �lr� A1 Kordiak� He also ha�l a �� copy of the Annual Financial Report from the City of Fridley• �1r � Langenfeld, f1rs � Schna�el, and f1rs = Sh�a requested to � receive a copy of the Annual Financial Report� AD JOUf�PJ�rEfdT= f10TI0N by f1r. Langenfeld, seconded by Mrs• Shea, that the {�lanninq Commission meeting be adjourned• Upon a voice vote, all votin� aye, Chairper�an Hai�r�is declared the Planning Commission meeting o�F f1ay �, 1,977 adjourned at 1,�:55 P•(i� 'fhe Planning Commission decided to have a or�e-hour l�orkshop on the Proposed f1aintenance Code� Respectively Submitted, /��G�'�G�'`�-�,.,� ��°�'��.;�t�/.�-�" MARY LEE CARHILL, Secretary ' ' � ca �Ei � ICITY OF FRIULEY I � PETITIUN C4VER SIiEET I , Peti r ion Nc�. `4-1977 T i ' Date Received �,ril 14. 1977._� I� object In opposition to rezonin of Lots 3& 4, and Lots 22 & 23, Block 2, Meado;�rmoor Terrace 1326 & 1344 Osborne and 1337 & 1345 i Meadowmoor _Dri ve)(Now zoned C-1� _ 1 � Petition Checked By Date � Percent Signing � Referred to City Council ' _ ^ � Disposition � -- -- --_- ' ' i ' I i _ _ � � � � � . i-- � ' 1 ` ✓ �, . -� _�� _- -�_ ,� - — ��;'�� c _�1./'�i-_ � �1J � � � � �.� I .I � � i� ;.�:. � - - � � � `7" ��` �I� � i `• �~ � , �� ; ' �� i � �' C��/I �� i'�2�"�<-�' _ ��--!��------ -- �? c -- - , , � — .� �;3�;�_�--,�_ �_ /�� .��- s�- _, . - _��_�S , , .�---- I �.�� , J� �-��' - ��r��f��l%�� '��<<� _ ' , � � i � � ,, ' . - - � �`�>_i� ��',�� - _ .�2_r_ — _ �, � _ ✓� a //�/,� � � � � , ��C.-�G/ , ,G' ' � � ' - _-� - --- - - � � � ',/ � __ ___- ---- - .�.. , __ i � _ _J� j �2/ % L�'��v _ : c�_ ,.��/,� __�-� _ i � � 1.� {..� _��,,,r...k(.,- �l'_�.?... _�.. 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L . i s i' �^.� _� _ I�; : I'� ,� r r `' .Y = L ^ � � - �' . � `� 1 1 ` r Y � �i i.i�� l� � r�7 v �q � _ t.� • cr '� frJ ' fn �[T� r • �Q r�-��' •C� ^ C �� . c� r--- ��• City of Fridley �1� (}� - ��' � APPEALS C0�1r'!ISSION MEETING — A ril 26, ],977 Pa e 1 ' CALL TO ORDER: '�`��„ nabel called the meetin to order at 7:30 P•M • Chairwoman Sch 5 � � � !_ � , � � - � � � � �,. { I � � ROLL CALL: (lembers Present: Schnabel, Gabel, Plemel, Kemper, Barna Clembers Absent: None Others Present: Ron Holden, Building Inspection Officer APPROVE APPEALS COMMISSION �1INUTES= APRIL 12, ],977 MOTION by Plemel, seconded by Kemper, that the minutes of the April 1,2, 1,977, Appeals Commission meeting be approv�d• Upon a voice vote, all voting aye, the motion carried unanimously• Chairwoman Schnabel suggested, that since the first four items on the Agend� were all the same request {except for the square footage on Item 2 and Item 4, which were minor variations}, pErhaps the Commission would consider handling all four items at once in terms • of gathering information- MOTI4N by Barna, seconded by Gabel, that the Commission handle the first four items of the Agenda at once in terms of gathering information• Upon a voice voie, all voting aye, the motion carri�d unanimously• 1,• REQUEST FOR VARIANCE SECTION 2Q5•063, 7,, SC�UARE FEET TO 9,60Q F T A REDUCE THE REAR YARD S /4 UF LOT DEPTH}, TO AL f1ILY DWELLING ON LOT 3, {Request by Lambert & Fridley, MN 55432} 0 JS� TPIiCTION OF A TWO �FA�oi�1M00R TERRACE, THE OTA• N-E•ry 2• REQLIEST FOR VARIANCES -0F THE FRIDLEY CTTY CODE AS FOLLOWS= SECTION 20S•063, 1,, TO REDUCE THE LOT AREAS FROf1 1,0,0�0 SQUARE FEET TO y��0 SQUARE FEET, AND, SECTION 3, 4, C TO REDUCE THE REAR YARD SETBACK.FROf1 30 FEET TO 29 FEET {1/4 OF LOT DEPTN} TO ALLOW THE CO�VSTRUCTION OF A TWO FAMILY DWELLING ON LOT 4� BLOCK 2, MEADOWf100R TERRACE, THE SAME . BEING 1�44-1,346 OSBORNE ROAD N•E•, FRIDLEY, f1INNESOi'A• {Request by Lambert & Peterson, Inc• 1360 Osborne Roa N•E-� Fridley, MN 55432}. - � . _ � �� . ' � I � , � Appeals �ommission Meeting — April 26, 1977 Page 2 1L PP 3• �F�IIF`T FOR y1�RIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS� 205•063, 1, TO RFDUCE THE LOT AREA FROM 0,0-�Zf— SQUARE FEET TO , 0 SQUAR , • � 4' C' TO REDUCE THE REAR YARD SETBACK FR0�1 30 FEET TO 29 FEET {1/4 OF LOT DEPTH}, TO ALLOW THE CONS�'RUCTION OF A TWO FAMI�Y DGIELLING ON LOT 23, BLO�K 2, f1EADOW�100R TERRACE, THE SAME BEING ],331-1,333 f1EADOW�100R DRIVE N•E•, FRIDLEY MINNESOTA• {Request by Lambert & Peterson, Inc•, 1360 Osborne Road N•E•� Fridley, MN 55432}. 4� RE�UEST FOR VARIANCES OF THE FRIDLEY CITY COD�AS FOLLOWS: SECTION 2�5 • 063, ],, TO REDUCE THE LOT AREA FR0�1 ],0,0�[J SQUARE FEET TO 9,00� SC�UARE FEET, AND SECTION 205•063, 4, C, TO REDUCE THE REAR YARD SETBACK FROf1 30 FEET TO 29 FEET {1/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TW0 FRf1ILY DWEI.LING ON LOT 22, BLOCK 2, MEADOWM�O� TERRA�E, THE SAf1E BEING 1,345-],347 MEADOWf1GOR DRIVE N•E •, FRIDLEY, MINNESOTA • {Request by Lambert & Peterson, Inc•, 1360 Osborne Road N•E•� Fridley, MN 55432}. The above variances requested by Lambert & Peterson are on property that is presently zoned C-1� and any approval of variances k�ould be contingent upon approval of a rezoning request to rezone to R-2• Chairwoman Schnabel asked if there aas anyone in the audience representing these items• At this time, there was no one present• ADP1INISTRATIVE STAFF REPORT � A• PUBLIC PURPOSE SERVED BY REQUIRE�1ENT: Section 205•063, ]„ requiring a minimum lot area of � ],O,D00 square feet in an R-2 {two family dwzlling areas} zone• Public purpose servec! to avoid the condition of over- � crowtling of the residential neighborhood• Section 2�5•�63, 4, C� requiring a minimum rear yard of 1 25i of the lot depth with a minimum of 25 feet in an R-2 {two family dwelling areas} zone- � public purpose served is to provide desired rear yard. space to be used for green areas which add to the attractability af the neighborhood• � , � . � � I ' ,. .�. ��- � � , � r � � � � � ` � � Ap�eals Commission Meeting -- April 26, 1977 Page 3 I � C• STATED HARDSHIP= Lots, if rezoned to R-Z� cannot be developed without requested variances• ADMINISTRATIVE STQFF REVIEW= The configuration of the lot is such that in order to maintain the existing fo~ont yard setback of 35 feet, the structure must be shifted to the rear• This shift reduces the rear yard to less than 25i of the lot depth required by the City Code• Approval of this request would be contingent upon rezoning of the property• �.� �(,1 Chairwoman Schnabel gave some background on the items• She explained that at the Planning Commission meeting of three weeks ago, the petition came through to rezone these properties from C-L to °-2• She explaineci tnat of the lots in ques'tion, two lots are located on Osborne Road and twn lots are located on f1eadowmoor D►^ive• The petitioner had requested the zone change to R-2 because he wanted to build double bungalows or duplexes on each one of the faur lots• Chairwoman Schnabel continued to expla�in that at the time this came before th planning Commission, the pe�itioner did not show• However, she stated that a great number of the residents {primarily ones who lived on Meaciowm�ar} did s�ow at the meeting- They presented a�etition �a the Planning Co�mission asking that instead oi rezoniny tn� lots to R�2, that they rezone them to R-Z• Chairwoman Schnabel explained 'that they felt �hey were already overcrawded in the area in terms of the child po�ulation• Chairwoman Schnabel indicated that since the petitioner wasn't at the meeting and after much discussion, it had been decided that the item would be tabled until the petitioner cauld attend a meeting to explain his viewpoints• This was decided especially because of the great opposition from ttie residents• She said that the item was then tabled until May 4, 7,977- , MOTION by Barna, seconded by Plemel, to set aside these items until later in the meeting, in the �vent that the petitioner or someone representing this request would show� Upon a voice vote, all voting aye, the motion carried unanimously• The petitioner never made an appearance at the Appeals Commission meeting of April 26, 1977� �1rs• Gabel made was in the audience did not show up, and many questions that should be tabled• the comment that since no one for the first four Items and the petitioner that it was obviously a situation that had needed to be answered, she felt the items Appeals Commission Mee�ing — April 26, 1977 Page 4 i {' MOTION by Gabel, seconded by Plemel, that the Appeals ,� Commission tables items 1 thru 4, until such time that the petitianer indicates another request• Upon a voice vote, all voting aye, the rnotion carried• � � 5• REQUE�T FOR VARIANCE OF SECTION 205•053, 4, {B4} � -3 FEET TO ALLOW A GARAGE ADDITION OF 4 FEET TO AN EXISTING GARAGE, LOCATED ON LOT L�� AIJDITOR' S ,. � << RR SUBDIVISION NO• � THE SAf1E BEING � PIER�E STREET N•E•, FRIDLEY, f1INNESOTA• {Request y Joe Burmis, 64� Pierce Street N•E- Fridley, Minnesota 55432} ' MOTION by Kemper, seconded by Barna, to o�en the , public Hearing• Upon a voice vote, all voting aye, the public Hearing was open• i � � �� A• : ADMINISTRATIVE STAFF REPORT PUBLIC PURPOSE SERVED BY REQU.IREf1ENT : Section 205•Q53, 4, B4, requirzng a side yard setback of 5 feet from an attached garage• public purpo�e served is to prova.de space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergenci�s and to limit the condition of crowding in the resider�tial neighborhood• STATED HARDSHIP� I want to store an additional ca�^, sno�.� blower, � lawn mower, etc• in the garage• The present garage is not big enough as the door is in the center• � C• ADCIINISTRATIVE STAFF REPORT= The survey shows that the proposed �,4 foot addition would be 2•3 fe2t from the common property line to the south• The house doesn't lend itself to adding a garage on the North side• The existing garage does have living space above it• The existing South garage wall will remain intact e.xcept for a doorway apening- No additional living space would be added to the new garage site• The neighboring garage is ],0•9 feet from the common lot line• If constructed, the distance between the garayes would be ],3•2 feet at the closest point• ,. s � 1 �. Appeals Commission Meeting — April 26, �977 Page 6 Mr• Kemper asked Mr• Holden if he had looked at the cur— rent elevation of the house as to how the garage addition would loak• Mr• Holden indicated that it wouldn*t look too bad- , He said that there were broken roof lines all the way down the steet• � � � Mr• Kemper asked Mr- Burmis if he was going to do the work himsel. f • • �1r• Burmis indicated that he was hiring someone to do the work• home• Mr� Plemel wanted to know what; was the exterior of the t�r• Burmis indica�ed thai: it was stucca and that the n2w � addition would also be stucco• �1r�• Burmis explained that the present garage door was fiberglass and that the new door would also be fiberglass• , Chairwoman Schnabel asked if there was anyone ir� the audience regarding this request• There was no response- ' Chairwoman Schnabel asked Mr• Burmis if he had considered building a separate garage ta the re�r of his property insteacl of adding onto the present garage• � � P1r• Burmis indicated that he I�ad but didn't feel it would be feasible in his case• He felt this way mainly because he would have to have a driveway and he would prefer to have the garages attached• Mr• Kemper indicated that in looking at the Code, � garages abutting each other could be as closE as ten feet, and since this garage would be 1,3•2 feet, he did not feel it would be violating the intent of the public purpose• � He also agreed with �1r• Burmis tha� it was difficult only having a single �arage• MOTION by 3arna, second�d by Gabel, to close the public ' Hearing• Upon a voice vote, all voting aye, the Public Hearing was closed• � i ; � i�- 1 1 � Mrs• Gabel indicated that since the intent of the code is not being violated, and that the garage next door is big enouah that, most likely, won't need an addition, she could see no reason why this request couldn't be granted• 0 � J.4 S� I' Appeals Commission Meeting — April 26, 19?7 Page 5 �l� TT �. , � � � � , � � , Mr• Burmis told the Appeals Commission why he wanted to add onto his garage• Basically he needed room to store a second car, snow blower, lawn mower, etc- Ne indicated that the party next to him would have no objections• Mr• Holden had a survey that verified that the garage next door would be 10•9 feet from the property line- Chairwoman Schnabel indicated that, with Mr• Burmis• additional ],4 feet would bring his garage to �•3 feet from the property line• Chairwoman Schnabel asked Mr• Burmis if he intended to put living quarters over the new garage addition• Mr• Burmis indicated that he would not be putting living quarters over the new garage addition� Chairwoman Schnabel asked Mr- Burmis what type of roof line he would hav�- Cir• Burmis indicated that the new r�of would be. dropped down below the two windows on the sauth side of his present garage• . Mr• Kemper wanted to know what tr�� Iiving space above the garage was being u�ed for• Mr• Burmis indicated �h�t it was an extra bedroom that they no longer use or ne2�• He also said that the existing wall of the garage would not be taken down because of this room• �irs• Gabel asked for verificatian of the fact that , he would be using the n�w garage addition for an additional car and for storage? , Mr• Burmis agreed• Mrs• Gabel wanted to know if there would be a door , between the two garage sections or if the garages would be two separate buildings• i � 1 � 1 1 Mr• Burmis responded that there would be a door in the existing wall• Mrs• Gabel asked if Mr• Burmis could presently get into the garage from the house• . Mr• Burmis said that yes he could• ti ,, • , L� �a] s Commission Me2tinq -- April 26, 1,977 Rage ? Chairwoman Schnabel indicated that on the north side of the property there is 20 feet, fairly unobstructed, that emerger�cy vehicles could get through to the back property• f1r• Nolden pointed three fee� from the lot on the south wall• Th� fire wall. - out that since there was less than linc-, there could be no openings South wall would have to be a solid, MOTION by Barna, seconded by Gabel, Commission allow the variance to reduce t y�rd from five feet to 2•3 feet to allow with the stipulation that there would be on the south wall of the garage; and that built as a fire wall• Upon a voic� vote, the rnation carried• that the Appeals he required siae a garage addition, no openings, at all, the south wall be all voting aye, Chairwornan Schnabel explained to Mr• Burmis that his request for a variance had been approved by the Appeals Commission and that he was now free to proceed with obtaining a builda.ng permit• She indicated that City Staff would want to r�view his plans• 6• REQLIEST FOR VARIANCES OF Ti�E FRIDLEY CTTY Co➢E AS ro��vw�T: S€CTION 2�5 • 053, � B, TO REDUCE i HE �iTNI�lUi1 LG i AREAS 0�� A L01 RC�ORDED E3E�ORE DECEfiBER c9� 7,955, F�Or1 75DD SO.UARE FEET TO 5Z2� SWUA�E FE�T, A+tiD ,�ECTZON ��5 � D53, 4, C TO REDUCE TH�� RE(�R YA�2D SETBACK FROt� 33•�5 Ftt� TO 25 FEET {1,/4 OF LOT DEPTH}, A�� .�5�_C.�TO^1 2 5• 053� 2B, TO REDUCE i HE P1If�JIMU�I LOT (�)�i T i_�____FP �1 SO rEFT to 40 FEFT, A N D S E C T' I O iV 2- 5•[J 5 3, 4 b, t 5 a,� TQ_R �,. +� �!S.��T.li� Si R� T S�DE OF A CO2NER LOT F�OM 17�5 �EE1'�'4 4 FF�T� 0(v TNF NOf�TI-# SIDE OF TNF LOT, ALL _T_Q AJ LQIil _�'ri�.--sONCTRLis i TOP� OF A DI.dELLItdG TO BE L.00ATED ON�Q_�_.,�`� ��.�K � OAK r;�OVF ADDITION TO FRIDL�Y PARK� Tl�F � i E_._�„ING �94 FRTl)1 FY STREET N•E•, FRIDLEY, MINNF�QTA• �.f:eauest by Craig Willey, 320 C1ain Street, Ano!<a, Minnesota 55303}• MOTION by Nearing• Upo� was opened• Barna, seconded by F�1eme1, to open the Public a voice vote, all voting aye, the public Hearing ?.�! U{) ••rr � A. a' _ , �� , � � ' ,�. ,_ �....�_ : ADMINISTRATIVE STAFF REPO'r�'P Pl1Ql.IC PURPUSE SERVED QY REQUIRE��1Ef�T: ' l. Section 205.053, 1, U, requiring a minimum lot area on a lat recorded before December 29, 19,,, of 7500 squar_e feet. Public purpose served is to avoid overcrowding in the residential neighborhood and to avoid an excess burden on existing �t�ai:er and sea�er servi ces . 2. Section 205.053, 4, C, reyuiring a rear yard setback equal to one fourth (1/4 j �f the lot depth ti•ri th a 25 foo�: mini,num. Public purpose served is to �rovide desired rear yard space to be used for green areas ��rhich add to the attractability of the , neighborhood. . 3. Section 205.053 2,E�, requiring a minimum width of lct at the normal set;back line of 50 feet. Pubiic purpose s�rved is i:o avoid overcro;�;ding in the residential neighborhood and -i;o avoid an excess burder� cn existii�g �rater and set��er servi ces a 4. Section 205.053, 4b, requiring ti�e street side yard se�back on corner loi of 77.5 feet. Public purpose scrved is to ma�nta�n a higher degree of traffic visibi7ity and reduce the li�,e o� site e��croachment in the neigfiboring froni yards. STATED HARDSHIP: ].4 1N 1Jithout state;l variances, lot is unbuilc:able for a residential structurc. C. AD�SI1dTSiRATIVE STAFF REtiiEl�,: In 19�3, Mr, Willey ti�as uns�ccessful in his attcmpts to ha��e the publ i c ri ght of ti��ay h'or�:h or thi s l ot vaca�;ed. He changed hi s house plan, and applied to the uoar�d of App�als to grant ii:e neces,ary variances tQ build an the )ot as a ccrner �ot. This req�:es� �:�as consi�ered in the light of a petition by neighbors opaosiny ttie request, ar,d much discussion at the Public !{earir�g. 7he var��ance req�rest, siniilar to the one presnnt�d here, was denied �t ti�at Ap;•il 23, 1974 meeting and sent on to the City Counc�l, �•rf�o �rpheld the 8oard's recon;mendation for deniai, on f�iay 6, 1974. Mr. Idiliey has subiTiiited a ne�,r pTar� �vhich eliminates the side yar�d variance on the South side of �he lot. The totai r�umber of variances requested has beei� reduced firom 5 in 1974 to the present request for 4 variances. The house proposed is basically a 26' x 40' th��e� c;edroom, rambier which i� 1/? story shorter than tf�e type nr �cu,e proposed by the petitioner in 1974. 1'he Anoka County Farks & R2CrP;,tion Departr�ent still is interested in negotiating a bike�•ray/walk�,;ay easement as �•1e11 as an access easement for Park maintenance. Pleas� refer to the leiter and map included as well as a copy of the April, 1974 Appeals minutes and t•tay, 1974 Council minutes for further information. �� - � , �� . �J � , ' � � � � , , . r � � Appeals Commission Meeting — April �6, 1977 Page 9 Mr• Craig Willey, 320 t1ain Street, Anoka, f1innesota, was present at the meeting• Mr• Holden indicated that the Administrative Staff Report was a brief summary and not at all inc].usive• Mr• Willey showed members of the Appeals Commission a plan of the home he would like to build• H� indicated that �he home was of the same character as the other homes in the area- About the only difference in this house plan from the other hom�s in the area was that Mr• Willey would have an attached garage, while the homes in the neiahborhood basically had detacned garages• Qt this point, Mr• 1�illey the Administrative Staff Report �ariances he requested• as4ced if he could respond to r�lative to his intent of the 1� Section 205•053, 1,� B Ne in icate that t ere was no overcrowding to the south because the property would meet the standard set back requirements that were in the building code• The overcrowding to the west would be discussed later• He didn't feel there would be an excess burden on the water and sewer, since they already exist there and is available in the street- 2• S�ction 205•05�-, 4, C Ne in icate th�t �ie did requirement• neet the 25 foot minimum 3• Section 2a5•�S3 2, B He oes not ee1 thai: th�re is an overburden as far as utilities� He said that the neighborhood was already developed and th�t his lat was at the end of the devElopment, whEre he didn't think it will inconvenience anybody 4• Section 2Q5•�53, 4b He in �cated that technically speaking, this is a corner 1ot; however, he said that there is no road and none planned to be built• He didn•t I�elieve that the need for site distance should be required• He said that the question of site is relevant to traffic, and he indicated ther� is no traffic- 14 �all,�� Mr• Willey continued to indicate that he has attempted to compliment the adjoining neighborhood with his changing the architectural design of his home• He re�uested consideration relative to the fact that the street, although not vacated, is still a compliment to his property as far as its appearance, zt green space, and attractivenes.s- 0 �I� �.: _ � � , � � ' , 1 , , � � , �� Ap�eals Commission Meeting — April 26, 1977 Page 10 f1rs• Gabel wanted to know if Mr• Willey owned the property• f1r• Willey said that he did own it and could provide a cer�ificate of title Mrs• Gabel asked Mr• WiZley that if the home were built, did he intend to live in it• f1r• Willey indicated that it was his intent to live in the home• He added that he had a daughter, and he felt that this home would be convenient to the elementary school and the property is close to park land which is attractive to him• Mr• Kemper asked Mr• Willey if there was presently a request for vacating the street- �1r• Willey said that there was not, but that he would be willing to initiate the r�eques� if he felt he would have enough backing• Mr• Willey made a comment that the lots in Riverview Heights are only 1,10 feet deep and 5500 square feet• He compared that to his prop�rty thatc if it wasn't for the easement that was given �o the City of Fridley for the street, witheut the vacation of the street, his lot would be 5400 square feet• Chairwoman Schnabel expl.ained to Mr• Willey tfiat the difference in the Riverv3e« Heigh�s area and this area is that the lots in this area w�re set up in pareels of 60 and 80 foot lots, whereas in the Riverview Heights area 50 foot Iots are consistent• Mr• Willey only pointed out the comparison to make the point that 5� foot lots have been built on in the City of Fridley� Mr• Willey also indicated that even if the street was vacated, it wou].d not change the character of how that home wouZd look on tha� lot• He then said he was looking for some suggestions as to what would be most appropriate to enable him to build on his property• Mr• Barna commented that it was most difficult trying to live on a 50 foot lot• He suggested to Mr• GJilley that he should really keep trying to get the City to vacate the street- Mr• Willey indicated that whether or not the street was vacated should not have a bearing on the fact that his house would conform to the neighborhood, that his house would be an attractive addition to the neighborhood and he felt that these items would mean more than the technical items regarding the nonexistent street• 1 � Xx Appeals Commission Meeting — A�ril 26, 1977 Page ],1 Chairwaman Schnabel commented tha�'there has been much discussion in the past years with the Appeals Commission, with the planning Commission and with the City Council regarding the building on 40 foot lots• She indicated that it was decided that the City would ma4<e some determination as to how it should go on the 4� foot lots• She told Mr• Willey that it was decided that, as a-rule, th� City of Fridley would not permit construction on a 40 foot lot• They felt that to start building on 40 foot lots would open up a whole new dimension in the city which wou].d not be in the best interest af the Ci.ty• Mr• Willey indicatec{ that he really believed his lot was a very unusual 4Q-foot lot� He said that tf�e only inconveni�nce as far as placement was concerned would be to the North {to. the Park}• He commented that if he were a resident of Fridley he wouldn't want to see the City allowing everyone �o build on a��-foot lot just because they had allowed him to• He would hope that the City would be able �o state that the reason he was granted permission to build was due to the unusual fact�rs that were present• f1r• Kemper reminded f�r• Willey that essentially he did have a 40-foot lot, even with the 30 foot easement• At this point there was some discussion about the other lots in the area• Chairwoman Schnabel read a petition frr,m the neighbors reaffirming tFi2ir opposition to the variances being re�uested by f1r• �raig Wil3ey• f14TI0N by Barna� seconded by Gabel, that the Appeals Cammission receive t�l1e petition• Upon a voice vote, all voting aye, the motion carried• Chairwoman Schnabel invited the audience to ].00k at the proposed house p3.ans and ta address the issue• There was much discussion by the audience regarding the proposed plans• Mr• Dennis Drevnial< of 6684 Fridley Street N•E- indicated that he owned lots 2�nd 3• He felt that a lot that needed four or five variances to bui.ld on it, definitely there had to be something wrong with the lot•• Ne indicated that one of his reasons he decided to live in Fridley was because of the size of the lots• Mrs• Rosemary Drevniak of 6684 Fridley Street N•E• indicated that the petition covered haw the people feel about �, the variances• She said that the n�ighbors really felt that building on the property would not enhance the neighborhood• ' � .14 YY � i , ,: Appeals Commission Meeting — April 26, 1977 Page 12 Clr• Kemper indicated that building sites in Fridley are rapidly b�ing used up• Ne s�id that the City is being asked to look at building sit�s, �hat a few years ago, would never have been considered• Mr• Drevniak showed cor►cern that if this lot was to be considered as a buildab].e site, wouldn't it set a precedence for others to start building on 40-foot lots, then 35-foot lots, etc• f1rs• Drevni.ak wanted to know how long Mr• Willey planned to live here• � Mr• Kemper indicated to her that the home would be a i� permanent structure and the residency of the house should not be a concern• � Mrs• Drevniak wanted to know if this was possibl� a speculation for (�r• Wil].ey and she a�ondered if he might � just use this as a precedence for other lots that he owns•- �� ' (�r• Kemper wanted to know, if the stre�t was vacated, what would the Drevniak's s�ecific opposition �e regarding the c�nstructian of a house on �his proper�y• Mrs- Drevniak answered that basicall;� they d��ln't like the location of the ho�se• It would be in the back of the lot• f�r• Holden indicated that h1r'• Wi1Tey's house would run the long way on the lot rather than cross-wise• Mr• Plemel asked if it would help if a privacy fence were required• Mrs• Drevniak answered that it wouZdn't- ' f�r• Kemper pointed eut that TF �he street was vacated making the lot a 7Q-foot lot, the house could be situated differently� , � � Mr• Barna indicated that it would still be back because of the way the lot, is situated• Mrs• Drevniak asked if Mr• Willey would have to backfill into the park• Mr• Barna indicated that he would not have to backfill into the park Mrs- Gabel asked Mr• Willey what the price range of the home would be• Mr• Willey could only guess that it would be in the area of about �45,000; however, he really didn't have any idea• �.t'• ZZ 0 � ��.. , � � � ' Appeals Commisszon Meeting — April 26, 1977 Pa�e 13 Chairwoman Schnabel asked for the square footage of the house• Mr• Willey said it was 7,�080 square feet- Chairwoman Schnabel asked if Mr• Willey would be doing the construction himself• {�r• Willey commented that he would contract a builder to construct it for him• Mrs• Schnabel asked if the home Wou1d be a pre-fabricated home• �1r• Wi11ey said that it wou].d be a normal].y constructed home• Mrs• Gabel wanted to have an explanation of the easements involved with this property• �1r• Willey indicated on a drawing where the easements were located that Anoka County w�s interested in obtaining• He said they a�anted these easements for park purposes to allow the county access to. and from the park area• Also they were interes�ed in constructing a walkway for the public• Chairwoman Schnabel �sked �i�• Giill�y what he ti�ought of the general public w�Iking acr�ss the front of your property• Mr• Gtilley commented that he generall.y had no troub].e coexisting wi�t� people• He said that as long as people don�t cause a public nuisancez he could see no reason why other people shouldn`t enjoy the park as he w�uld• Mr• Gary Sodahl of 6689 Anoka Street said that he owned the lot immediately to the alest of I�r• l�illey`s lot• He showed thQ i.ommission a survey that better showed the elevation of Mr• Willey's lot• f�r• Sodahl challenged the point made, that with the easement he would have a legal sized lot• f1r- Sodahl indicated that much of the 30-�foo� eas�i�nent was below bank line� He continued by saying that a11 the easement would not be buildable• hir• Holden commented that the elevation of the ].ot whether under water or on a mountain top was not relevant• He said that it was still part of the lot- �1r• Sodahl felt that to aZlow a house on this small lot � would detract from his house• He said that the gra�le of the land from Fridley Street to Anoka Street has at least a three-foot drop and to allow the construction of his house, � considering the additional height of the grade, plus the variance on the rear yard setback, would encroach on his privacy• � 14 AA� i � � . . _ . . . . . . . . . . . . . . . . . . � �� peals Commission Meeting — April 26, 1977 Page 14 Mr• Holden asked Mr• Willey that, if the street were vatated, would it be possible for him to turn the house around• Mr• Willey indicated t��i�a� he couZd, and probably would• F{e also said that there would be man� things he wouZd consic�er doing and discussed a few of them with f�r• Ho�.den• Mr• �1i1,].ey wanted to make it clear that his motives were not ulterior• Ne said he ��as only t.rying to get permission to build a house on his property• t1r• Willey discussed several points that had been k�rought aut reg�rding precedents being established• He said he would be willing to wait to see whether legally the gran�ing of this variance would put the City in an uncomfortable position of having ta give permission to someone e],se to build• 14 �BB f1r• Barna elarified the point that f�r- Willey is requesting a variance to build on a].ot that is 30 percent smaller �han the other lots• He didn*t feel that they were discussing ^a little variance^- Mr• Kemper wanted to know if Mr• Sodahl would have any objections to the vacation of the street• � f7r• Sodahl. indicated that he would abject because the vacation of 67th wouldn't enhance his oroperty and would probably result in rnore taxes• � � � � �1r• Drevniak indicated to the commission that about a year a�o they were approached by a realtor to purchase this property in question• He indicai.ed that f�e had ear°nest money down but that they n�ver got together on a price• Much discussion on this resulted• (�rs• G�bel felt that this subjtct shaul,d be dealt with later• Mrs• Edwin Eckstrom of 6i�33 Anoka S�reet saici that they live on a 60-foot lot and would never want to live on anything smaller� She felt that if Fridley was going to start building on 40-foot lots, they would probably end u� moving Mr• Eckstrom commented that M.r• Willey will have a tremendous amount of traffic going through his lot• Chairwoman Schnabel ask�d if there were any other comments• Mr- Holden wanted to know the exact objectives from f�r• Drevniak• � f�r• Drevniak said that there had to be something wrong with a lot that required so many variances just to construct a house• He also said �hat he didn't want Fridley to start �. allowing construction on 4�-foot lots•. � � , 0 u Qppeals Commission fl2etinc� -- April 26, ].97? Paga 15 �.� �� hairuloman Schnabel was eoncerned about the situation of the house in that 40-feet would extend to the rear of the properiy and behind the adjacent lots• She had viewed the lvt �ha� day and found it very hard to imagine the house on that lo�• She felt that IF 67th were vacated and the house turned around it would be much less of an encroachment on the other property owners• ' f�r• Willey indicated that he would consider turning the house around should the street be vacated• Chairwoman Schnabel wanted to know if filler would be required• Mr• Holden responded that there wouldr�*t be much required• He said tha� it would be a matter of landscaping around the structure• There was considerable discussion on the fact that the land in the area was b�sical].y sand• Mr• Barna wanted to know it' �1r• Willey wou].d consider gaing for another vacation of the street• f�r• i�illey felt that if he had suppor�, he wou.ld apply for another vacation request• There was some discussion among the Commission as to why the street wasn*t vacated• Also they discussec! a few points on the drawings Mr• Willey gave them to look over• f10TI0N By Barna, seconded by plemEl, to close the Public � Hearing• Upon a voice vote, all voting a��e, the Public Hearing was closed• � Mr• Kemper said that in face of the overwhelming opposition of the neighbors and in the light of the fact �cha� the City does not, as a rule, approve constructing on a 4�-foot lot, he couldn�t go with the variance request• He did add that � shaulc� a vacation request of th� street be success�ul, then he felt that it would be a whole new thing as far as deciding how to handle this lot• � � Mr• Rlemel didn�t feel that it wo��d be a whole new issue• Ne said that it would be the same lot, same elevation, same factors involved• t�rs• Gabel indicated tha� t,he entire point of the request is for a variance and not a vacation and t�he land has no� been vacated• � ' � . � Appeals Commission Meeting — April 26, Z977 Page �6 14! DD'� � �: . Chairwoman Schnabel indicated at this time that she dzdn't feel that the city �hould encourage or approve any builcling on 40-foot lots• She suggested that Mr• Wi11ey try to request for a vacatiori of the s�reet in order to make his lot the acceptable size• t1r• Willey wanted to know if this request for a variance would go to tity Council• Chairwoman Schnabel said that it would go before City �ouncil no matter what way their decision went• Mr• Plemel macie the comment that even if the street was vacated, the neighbors would probably have the same objections• f1r• Kemper agreed but said that their objections � could not have that much say• He felt that their main concern was the size of the 4Q-foot Iot• � MOTION by Kemper, seconded by Gabel, �hat the Appeals Commission deny the variance r�quests• Upon a voice vote, 4 ayes 1 nay, the motion carried four t� one• � �.. � � � f1r• Barna wanted to justify his nay• he said that he felt this i�as a very unique lo� because there is a nonexistent street that has cre�ted a 4Q-foot Iot which requires the variances� He feels that if �he street had been vacated in 1973, �his problem wouJ.d nat be before the Commission now• Chairwoman Schnabel indicated that this request would �go to City Council on either May 9th or f�ay Zbth• She said that Mr• Willey and everyone �oncerned will be notified• 7• REQUEST FOR VARIANCE Of SECTION 205•�53, 4, B4, FRIDLEY CTTY �ODE, TO REDU�E THE SIDE YARD SETBACK FP.OM THE REQIJIRED FEET TO 1� • FEET, TO ALLOW THE CONSTRUCTION 0 ATTACHED X- c�GARAGE, LOCATED OtV LOT 3, BLOCK 1, PARKVIEfJ MANOR ADDITION, TNE SAf1E BEING �� TENNISON DRIVE N•E •, FRIDLEY f1INTJESOTA - {Request y James So er erg, c3 Tennison Drive NE•, Fridley, Minnesota 554�2}. � �10TION by Hearing• Upon = was opened• �: � � Gabel, seconded by Plemel, to op2n the Public a voice vote, all voting aye, the Public Nearing � � � � � i � � � � � � Appe�ls Commission Meeting — April 26, 1977 Page 1' ADMINISTRATIVE STAFF REPORT A• PUBtIC PURPOSE SERVED BY REQUIRE(�FNT= Section 2�5•053, 4, {By} requiring a S foot side yard setback for an attached garage• Public purpose served is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crawding in the residential neighborhood• B• STATED HARDSHIP: t• The variance is needed to allow for a full double garage• The added area is needed as we have an existing side exit door which cannot be feasibly rearranged• Due to this, we will lose 3 ft• of our garage space inside the proposed garage because of stairs needed for side exit• ADMINISTRATIVE STAFF REVIEW= Mr• Soderberg intends to convert his existing tuck under garage into living area anci add a double stall� single story �!rage to the South side of his house� The nea� a,arage would be designed to match the existing house with the present house door on tl�e South entering the new garage �iith steps down into the garage rloor level• The petiti�ner feels that this landing and step area would make it difficu7.t to reduce ihe size of the garage any more than proposed• The house to the South is Z], feeL from th� common property line� The new garage would be 7,2•7 feet from,the house ta the South• ►�r- & Mrs• James P• Soderberg of 5875 Tennison Drive N•E• were present• Mr• Hold�n indicated tha�t f1r• Soderberg planned to remove the tuck under garage and add �o the other side of the house a larger garage and driveway• He explained to the Comrrission where the garage �ould be {Commission had a picture of the property in question}. Chairwoman Schnabel asked the Soderberg*s to show the �ommission what they were proposing for the property• �.<< EEE Appeals Commission Meeting — April 26, 1977 Pege_18_ Mr• Soderberg had a proposed plan with him that he showed to the Commission• He also explained to theM how he was going to situate the garage on the property• He said that he planned to drop the garage down some so that they would have less elevation going up to the garage• However, he said that by doing this he would have to have stairs going from the door of the basement into thP garage, thus he woul� lose enough space, that if he were ta buiZd a smaller garage, he wouldn't be able to put two cars in it• Mrs• Soderberg explained tl-�at they had considered maving the exit door from that wall• But� she said, they couldn't move that doar to any o�her wa11 inside the kitchen because they would lose their eating area in the kitchen• (�r- Soderberg indicated on the plans the location of the exit, door into the aarage and where their eating area is located• He also indica�ed that the neighbor that would be effected at all had no object�.ons• C1r• Kemper asked if �1r• Soderberg would be doing the constr�ction himself• �1r• Soderberg answered that no, Nie would contract the work out• P1r• P1emel asked about the roef� Mr• Soderberg said he woula drop thE roof c?own• While looking at the plan and Gt tl�e picture� the Commission aZong with Mr• � Mrs• S��erbe�c, discussed several points� Chairwoman Schnabe�. indicated to Mr� Soderberg that the existi�n� g�rage wculd have t� be made into liveable area• It could no longer be used as a garage• Mr• Soderberg indicated he planned to clos� uff the existing garage• He doesn't plan to actually 1.ive in the area, but would put in ^escape" windows so that any time in the future, it could be made into a part of the basement• Mr• Barr�a wanted to know if he had considered putting the additional garage at the same ].eve7. as the present one• Mr• Soderberg said that they did consider it but felt it would be a determent to �he house because he didn't have the money to add on top of the garage• S�me discussion was held on the langscaping plans of the proposed garage in relation to the house and the now existent garage- a.0 FFF I �. � � Ap�eals Commission Meeting — April 26,'Z97? Page l9 (1r� Soderberg did indicate that he would be filling in the area by the present garage• Ehairwoman Scnnabel mentioned that she felt that the proposed garage would definitely add to the appearance of the home• MOTTON by Kemperh secand�d by Barna, to close the public he�ring- Upon a voice vote, all voting aye, �he Public Hearing was closed• �1r• Barna didn't feel that the 1,•9 t'eet was exceeding � the ],5-foot code by that much• He would not object to this variance request• � �10TIOPJ by Kemper, seconded by B�rna, that the Appeals Commission approves the sa.de yard setback variance request• U�on a voice vote, all vo�ting aye, the motion carried• �hairwoman Schnabel irformed Mr• & t�rs• Soderaerg that the Appeals Commission had appro��ed their variance request and they could proceed by applying far a building permit• At the conclusion of the meeting, the cor�mission discussed a few viewpoints they had in the decisions and discussions held during the evening• Also they discussed a few items fr�m past re�eetings• ADJOUPN�IENT MOTSON by Barna, secand�d by Kemper, that the Appeals Meeting of April 26, 1`i77, be adjourned• Upon a voice vote, all voting aye, the meeting was adjaui^ned at ],0=30 P-M• Respectfully Submitted, /;� ;, �J �/%%Cc-,� %' ��- L �Z �� E... / Mary Lee Carhil7, Secretary i �� r,r Date Received CITY UF FRIDLEY PET IT1 �)N COVER SHEET May 10, 1977 Peti� ion N��. _7-1977 ._ object In opposition to the variances on Lot 1, f3lock 2, Oak Grove ^ Addition to Fridley Park (6694 Fridley Street N.E,) _ Petition Checked By Perc�nt Si�;ning Referred to City Council Disposition llate 0 1l� HE�u � `,le c�:i:-h to reaf i"'�_rm our ��po:,iti�n to thp �_�r�i anc�s an Lot �� i31oc�: 2, Oalc ur. ove ,. . r�iF,i�t� t�� ,•��f1��. ,,.,�rk, +,l.P �;�m�� }��:;.Y1�, <.;69!< <�.ihlc-,� ,;trect `�.. , .�ricllcy, i:r: �'�{.�•� t�rv:�t �>;j` .�'!^ n,'�1).�_C'v� ��n i��+S+ 1'":=]] I? .`itCC Gt,� -.r?^�:� �...1 T1T1P50 �3 � r i��?� :;c3�,P![? i'ir)Y".LZ 2%� 1 �'�7 TT.�rr,, _._.._ �� _ � , � �� , > �>> ,� � �. y� �-��r---�— � ,__.�y / l•'��.-� G1t -�A r � . �,1 � ,-- � �,� ` �� . i ��j�j � � � � j �� Jyvo��-�--�� / � /� (.�Lk.t_��y�;v '_'-r �� -- � �.--� c`�ti'-'r �, \� f`L�`�`.�° �l F'1 --`_—'� � .,c�/�� '1elr�-�-„_�! sy ,l�u. l!� i„ \� � %�A l-� �°� -t..�.;° , r �! � ,� � �j �"-�� ,��, «�--�--,�- - � �� ,J - �� , 1 i�, �C�v��✓%`--� `�1�� _ , � %��. . � �� Z� � 4 �� _ 1 � l 1 � r % � , � �~ /� . : ! � . �"'�'�.)C%� - Q�' L Z •/�-_. � /� _,�•�,-� � ��./ ;-.:'C aZt .z_ :1d�:re.^s l� a � .�r��'�z� .1�, III ��5 � ' �� /)� � � . � � �_ , - , >, '� ' �� / �-�% � � 1 � �C-:�� F;'��.�' �`r .. rv�t� � � ��-rX i^ / � �� 5'<�-- ��Ci�%`.� ' .�� ;'> �? � `7.� - � /�L.t. �r _� l- , //- � ��G� �2��'-� � � � �� ::,.�.`l..__.__�` i �- `"r� %l" �t ,2� G , ,, , G � ��1 �� 1�.� ;;��. _ %� _ �.' ��, �� —�' f //�, �' ' ; .. �'�---��-��.�� —=--; --�-E�-- � j� �y �. // 1 �.` � : � . � 6 � �ti��. ,�-, ti' � �, - � 1 � � � �y � � � � � � t. ~ � � � � • � \ � � n C . 1 ' ��j ��n� �E� � . � � � � L,�"� � /`�--' � � ' �✓ 4. � M W (} '� 9 M � 4 v ( � � � purcvT c % ,� R1C�' t °� i �:� ...� �� EE f t 2' �'a z'e5 ' � A 1.�.�,�x � ,�'� � � sz .¢ ..F j,:r�.. �5 6 ¢9 i;Sd �.�.. .Rr,.ra .' ov -„i .y`�,IPB>4 F ry � . 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CK. ... n 3r_.. t�G. .'�!..--•-•- I,o� �. , Bzoclt 2, Oak Grove AQc�i�i�n, Ar�}ca Coun�Yy, �11T7T1�S0`L"�i' �a,��ther ti'�� h the �asterly one;-l:alf of -the vaca�tecl al:�ey ad�;acen� thereto;xul.�o to�e�Y�er. vrith tha�L- �aa�°t o�' 67�tiz Aventae NE. ,(Propos�d �o be v�.ca'ted, ) l,ying tivitl�in 'L'he p`! �,�c of Oak Grave I�dc?i�c�.on be �;•rcen the rdori,h�r� y pro'lon- �a ��.on o:F i�ho Las � 1�.ne ox" said Lot 1 D and �h�- c�:i'�.�rlino c�:� ��. ��, vwc��i,�d al�.�y ��A �encicc� riaa^ �her? y e � � ' � � E3 � �, q --�-------. £; � 6. CJ ..,..� f_; � f3.Cy —�°_.,.—_a,n,,,.� SC1r.�i �-,�, �r�2.o- ---��`--�,�i��}.co rn � 4� a.�J C'L, ��ry`' - ~\ \ 1��' � � �`� l� � � ��/�q � . _ fP' . ., 'i-w i+ �� . � �� . . � 4'-�� .� � _ I� l � _ c?�_Ei I °`m°°�._ _ - _ �> � �, `� � � �i � � � ``! ,� � I E �I � �}�, fi� .�.�:o ��2.�s ° � �, i �i;r'� --�: -.,s�.V:�-�.� :��,-� V-.,.... I��J t)UFal.. . ' .-� I � l28.GO f.9. � E Q ,,,.....� �_ . � . � � � � � � t � � � � � I � � � � ( I � �. c;;� f I � �i l.� , I __�.�__ I � � � I I r � ...�.,.....�..�_.._.�.�_� �� ` � 1 ` � � �` �� ,a.. '' ?:;� . "'_ --� 10 ��3 `�e�,�, � �� `�� ;� �-� �' �o �s0 \ �� ti i�� t'� ' �a� � !!� �J �., >— t�.� � or so ��. i haraby corSi6y ihat on ��r; -..,,.�Z._._. )4 � i aurvoyQd ih3 �roparty dascrib�d obova ond shat tho c6ave plat ia a corrcct tc�roaan4aticn of caid €urvoy. ��. , �-., r.,l�l��..-�: r�� ;�-- l.l:{�D �U,'ZV�i:YC��`� f:EG. t1o. �CS��7 13-33-2�i . �„,� � r �1+� .� . . � �f � p � � �"";..' / � � � �� f.:. . O � � � li� � � � �� CITY OY FRiDLI;Y CJ+?'�l C�,�;;�rISS7.ON T%T�TTPJG �r.il 27, 1977 7:00 p.m. CI�LL 7'0 OFJ�ER: Chairper.son Scott call.ed the meeiing to order at 7:00 p.m. � ROLI,' CALL : S � � � , � ' , ' � , , �i i Mem}�ers present: Scott, Brennan, Kaspszak, Dunn, BZanding MemY�ers ai�srnt: No�le Others present: 47illi_am J. Nee, Mayor Nasim �ureshi, City 2�Ianager Dennis Schnezc�er, City Council Ed }iamernik, City CoLncil Douglas Hedin, Attorney Clyde 1�ioravetz, Staf_f Representative Anrie Davis, State Cable Coiarnission Chuck Hur.gerford, Manac;er, Ger.eral Television INTRODIICTION OI' PvET^1 COZji�iZSSION I�iT'2��BER• Chairrerson Sco�.� int.roauced Carol�%r.n Blailuing, new Cor:unission �o�nrJ_�er, �aho toolc offi.ce Apri_� 1, 1977. AFPRb�JAL OF C�TV I�i?T3L'TES OF FEBRUI�RY 2<' ,'_1 977 : MOTION by Brerinar�, seconded by Dunn, to approve the lebruary 24, 1977 C�1TV Commissioz� mirn.tes as t•�ritten. L)1�on a voice vote, ail vo�Ling aye, t]-,e motion carried urianirnously. ��uovHr o� c1sTV r�z��u�rs o� r��cx 30, 1��: MOTl'ON by Dunn, seconded by Blanding, f.o a�prove the rlarc}z 30, 1977 CF�7'V Commission mi.in��es as written. Upon a vo_'tce vote, al.l voting aye, the mot:ion carried unanimously. I. PR}�SEIvTT��T70N BX MR. L�E t�iEYER C�F 1;?AFiL & S�AHL VIDEO CO�iFANY Mr. Hungerford introduced P1r. Meyer o� Wahl & iJahl Video Com�any, �ahom he saic� �could e�;plai.n the options and alternai�ives of � charac.ter geii�r�itor. , Mr. Tieyer eaplain�d that met}IOd used to return signals would be ti�rour,h a moc�ulatex and caule system, with a�i��itclZe�fahich w�uld return the signal back from each of the three locations (school, library and City Hall) and then be redi.stributed frorn there. Each of tiiese three points requires a modulator, which theii simply exchanqes video and audio sigiials, with input through a simple _51�itciler i��Jiich �,i.11 t:ike a�1y tttimber of inpurs yoti i�ristt Lo feed iitto it. Ini.o this Sl�'1�C.�1CT you can pro�r:im anyt:hin� you i�tznt to-- such as t�icico t<�pc xeeorder, l i��e c:llilCT1� cha.ractcr genc�r:itor, etc .--a ll you cto i s push the proper s�aixch, @ 15 A CI�'I'V Carnrnis�;ion t"�etinq - n��r.i.l 27, J_977 Pac�e 2. Mr. Mcycr st-ared that tonight he would talY abouL the character generator, asY.- ing tl,at it he kept in mi.nc� that ir� arder to get siqnal bacl: yau still need a modulator and s•��itch�r. iie descr.i,bed the cYiaracter generator that tliey repre- senL �is a ur�it comririUed of keybo��r_d similar to a tynewriLer and an electronzc packagc. The kcyboard is used by an oper_atar_ L-o nroaram information and alsa to selectively put on cable or to preview . The basic unii: does not have caPability of saving i.nformati.on; it is lost when it is shut off; the second type has a cassette �_ . and information can be placed on thi_s audio.tape and saved inclefiziitely. If information miqht be needed agGin, you pl.ug cassette in and transfcr ��hat is in ta��c inio memory bank and ther. proUram it any time you wish. Basic unii� has four pages, �,�ith ten lir�es to eacl� page, each line consisting of up to 25 character_s. rir. bleyer said the unit is built in buildi.ng bloc}: approach -- you can start with basi.c unit ar�d add ca}�abil�_ties somewhere do��n the road. Full capability o� eacki unit is six memories of four pages each. If. you feel you need t��,o memaries they can wire for two and extra unit can be added at a later date, with no extra charge to wire ior two. P�ir. r9eyer described some of the ma�y features of the unit, i.e.: f�rmat window position (blank-out capabil.ity, leaving only lines you �ish to show); roll and crawl; ability t.o makE characters C�1ff�Y�!?'t sizes, ;•;:_th all characters ad�ust- able equally (internal adjustment - not adjust:able from keyboard); adjustment verizcally to two dii'ferent heights, one �ahich �;�ilJ. tai;e 28 Iines, or smaller letter that. wiil.. take fourteen lines; horizontal also is a variabie increment. 1�nother opt�.on is mtiltiple ov.i.nut -- you ca?: CCiT1NCSE inforraa�io:z on the }�re- vie�•� output and at t:�e same time l�e programr.;inq som�thing ou� on addziioria). output, and r:e recommendec? at least one additional output. Also has fixed tit.le capability, edging generator (gives 3-dimensional efi'ect); rever.sing black_ to white, i•�hzte t� '.;lac�;' pop-up messages; vertical ir.terva� s�•�itching. Conies equipy�ed with o��-n color zinc gene�-ator which gives capability oi backgrcuncl colors in red, green or blue and unit does have caoability of adding temPer.a� ture, time displays, date information, etc. Frice o.f basic unit with one memory: $?295; Keyboard witl� audio deck: $14�%5;' basic keybaard: $595; additional output channel: $75�; eacl� additional 4 pages would be $550; cassei�te tapes are $24.00 per set o� 6; unit z•:ould require color zi�lc �enerator$595; color billboard ge.�erator $500 .f.or first output and $100 additional for second output. The basic unit (keyboard and electr.onic package)must be fairly closely coupled (within 25 feet}. Mayor Nee asked r2r. I?unger�ord how long city could be allowed to use GTV equipment and r;r. Hungerford replied that it �aould be "until GTV needs channel." Discussion ensued re total costs that could be eYpected with e};tra wsring, cable, s�>>itchez, modulator and cost of installa_ng modulator in one area with unit in arlot}Ier, at whic}i cost of wirii�g iilcrcases. Foughl.y estimated, tota2 costs c�rould run close to $12,000, includinq 2 modulators at $2400, prac�ssors at $1'100, plus fiJ.ters etc, Ma��or Nec asked Dir. Meyer to summarize information on costs and the various optionC available and forward this infoiznation to Mr. Qureshi, Ci.ty rianager. J �� ,_ ].5 B CATV C01�11d7S�;70t�1 MET:7'It7� - APRiL ?.7 , 1977 Paqe 3. Mr. Hungcrforc� asked Mayor Nee, ii he wou]d hc wiJlin}; to �ive Council" endoarse:ment to a program GTV has planned for Summcr wherein they will be erposin� ��cople to ��Jhat 3.s now going on; what could be done �rith more sup��ort of people; and p].ans for bringi.ng in maybe fi_ve families at a time ta visit facilit.y. Mr. Fiungerford ex- presscd the view that this type of prograrl of informinc� the people cou].d be advantarE��ous to I"�Qi:Il GTV and thc City of I�ricilcy. _ A1�iyc��- i�ee askcd Mr. Hungerf.ord to present thi> in wxitinq to City Council and they ��oi�7 d decide W�lc�her to endorce. ZZ, OLD f3L'SIt�;ESS A. P�b1ic Hear.ing on Proposed Changes in Ordiriance Mz. Scott stated thatr�re �}oravetz had informed him that pubJi_c hearing on proposed housekeepiny changes tl�at had b�en agreed upon had already gone to iirst readznq and the second reading �aill b� soon. B. AdditionaJ_ Changes: 1. Interest expzessed in coming up w:�.th so,��e k�nd cf dur;«gcs, short of revokinq franchise. 2. Pratection of Ind:ividual (405.?5i -- I,edin's ne�� me:^o) . Scott stated tliat in i.allcing to T',ayor he had �r�o p:�cbl��s witl� uddir.g this to the Or.c�inance, as long as �l�ere is no chan�e o�l thc part concerniiig twenty (?.0) }�ercent of the tota.l channels shal.l be acc.ess cllannels, ��td are talkiiig �nly zbout prote�ti.on of �}l.e ii�c�ivid.ii<.1. , Mr. Hedin aske3 i� the Company h3d ever adop��ed accc.ss rul.es, to �hhich D4r. Hunger.�ord re�lied that they had. Air. hedin then suggested �hat rather than adopting tl�i.s as a first rule, City might �.�ant to adopt tnis , together ��.itn a whole host of other rules, i..e. if you ��ant to ha��e a compl�.int I�ureau, you have t�hat authoriiy un:e}: the Ordinar.ce. Tl�en whai: you 7iave to do is subr,lit Cor,unissio�Z's rules and regulations te t}le City Counr.il, �:o in that �vav i_t may i�ave more �oeight, bir. I-;edin st�.ted � that it is very diffir.ult for City to adopt a�iyt.hzng coJlerei�t �,�i.thout a reference to FCC rules. ' Mt-. Scott as�ed liow etfective rules and regulc�tions are unless adopted by Council as ofiicial Ordinance, and did tlie Commission feel it �,oithctihile pursuing tiiis mattcr. , realizirig tl,at Council may not aclo��t access channel , changes. �Ir. Brennan suggested they could still serve as guidelines for the Commission in their operati:�g procedure. � ' � Mr. Iledin felt tliat <<heth�r or tlot Council adopts atl tile r.ules sub- mitted to them, that Con�niission shot�ld still adopt rules discussed and others, suci� as: wlio car� attenci meetine�s; Llic fact that they are op�>n; when budc�`t t.ill be ready; access study; coi;�plaint re��iew Uoard, r.tc. � �..-�...,., I � l5 C cn�v cotrr,z�szo�r tFFL, ziir, -�f'RZi, z�,�.�� r�� n. P�ir. Y.aspsral: stated he felt it i.mY�ortant for Comm.issi.on to ac� zndePcnd- entlyo uf Council ancl }�ut on recor.c� that they cli.d draft laws and pre:�ent them for aF.Proval L-o City Cauncil. Mr. Scott as}:rd mernl�ers if they thought they �hould wriLe up new acce>s rules. 1•,r. Brennan sugc�ested that Commission be pollcd as to where they stand on this . Pdr. liedin stated that under Ordinance Com,m�.�sion is sup}��osed to give renorts to Council and he suggested that Council coul.d be given a des- criptive xeport on status of access -- that is, wri_tten background given in an informational way. Mr. Dunn felt that Mr. Iiedin had made recommendations a�1d tha.t thes� shoul� be suppor-�ed and passed on to Council. Mr. Brennan felt that although FCC had preempted too much but at this point he felt it kould be convenient to use ; CC wording, and P•7s. Blandi.nq stated sh� f.elt Cot;i�-nission was formed to do sozr�ething and she was ir. favor of adoptir.g scme rules and regulatie�:s to pass on ta Council for approt�al. � l� Mr. Scott c�at�d that Commission by-laws can be expanded to make them more inclus;,ve at.d sucscrest4d that 405. 25.�, number l, above, of addit=ioila?_ c}la.n�es be co�l- side7��d as possible incl.usion to Urdinat�ce; T?o. 2 is part of urdinance; and iio. 3 is somethir�g already wrS.tten up. Mr. Hedin fel.t No. 1(dar.iages) is a little ccrn�licatcd ai:cz �-�ould be d.i.fficult under Urdi�zance. Basically, he sugges�.ecl tl;at. rigl7t re�,� any compla:�.nts be to an arbitration board and he suggested an an�endrnent that arbitration board can suggest damages up to a certain amount per da.y. r1r. Hedin said that after the 1a.st meeting l:e �aas asked by D7ayo�- to draw up thre� ifems: 1} ear- mark funds; 2) try to devise some method by �,�I�icYi damages could be m.ade against tl�� company by City �or violat.ions of Ordinu:ice; 3} A4a}>or ta)_ked �lo Mark after last meeting azld stated he �elt vne of the �ections at the end of Ordinance should have a statement that they do not comply to the ",�ay oi�ly" porta.on of sustem. Cinema III was only section getting some benefits from City Ordinance but the company �•,as not eatending the access, and City �,�as not gett�_i1g revenues for tearing up of streets, etc. -- theory beii�g tl�at "company is qetting the benefits of the Ordinancc, but the City is no�." � � rfr. Brenna.i askec� if that meant tlley would have to negotiate a ne�o "rigllt oi way" for Cinema III. D9r. Hedin stated he drafted up something lil:e that but is no� happy with it and does not think it is a good idea to adopt it. � Sect. �05.051 - Payment to Commisuion: this is pretty seZf-explanatory with only problem beinq that the more your btidget increased and the more the number of subscrzl�ers --- you lose your distance from company. A4r. Hedin said he � iried to dcfine the Cinenia TIT portion and then state that certain other portions do not apply. i �i ....._�.� � � , � CATV COM;�7TSSIGtI I!i:F:'fI1IG - APRiL 27 , 197'l P�c�e 5. Mr. Fiedin had a lot of problems with 445.3].l - 405.315, but thc�y wcr.c done at r.equest of blayor Nee and i_t a.�, a fir;t attern�t. Iie indicated h� felt i_his to be a negative a�pzoach to pay cable and said: "I tha_n}: raL-her than txy�_ng to climinate.and mak,e second-cla.:s citizens of pay-only sub- scribers that Cit� s}-,ould try to take f.ive (5) percent of p�iy cabl.c revcitue>. Commission could take a �tance on tha�L and tr.y to have City do �omvt.hing about it." )�ssentia].ly� rather t}ian say "hands off." pay on1_y section, perhaps Com:ni: si.on shouid "put strongest foot forc4ar.d to 1'CC and say tl�at ther_e are some very �trong reasons o�hy Co�;�mi.�;sion (Czty) should be able to take iive (5) percent of 'pay only' szibscriber fees -- file special peti- �:ion wii:h FCC and try to ge�. this. he stated argt�ment that Coi;�nany is teariny up streets and City is administeri�zg regulating fees and incurring administrat9_ve el.��enses but are no� getting any money for tl��is �" 15 D This b4r. Scott stated he agreed ►aith this, and if everyone else fel.t the same, he suggested the 1�layor's approach Ue dropped because ]ie preferred P�Ir. Heclin's approach concerning the five percent frorn pay subscl•it�ers because ?ie f�lt there ►aas SOUIICI reasoning there. MOTION by Mr. Kaspszak, seconded by Brennan, that Commissioa� �;o �*i±h Mr. Tiedin's proposa? of pursuing fi�Ye (S) percert rrom pay cahle subscribers for reasons outl.ined r_ather than stripping protections that aYe ,roviceu to pay cable. On a voice vote, a7.1 voting aye, tlie motion �assec� unanimou�iy. � A2r. Scott stated tY:at this n�otion was not ii�t�nc�ed for. passina, on to Cow�cil: a� this time. C. Co�rm�ssior_ adoption of Access Rules ' rir. Lrennan suggested to rlr. Hedin that under 405.051 "Fayment to Cable Television Commission" that he does not feel �riey �re "paying" this, and that somehc��: implies iunds are being restricted in use. His fee]_ing � is that Coninission could be i.n a positior: ��aliere there are no expenses, but fund could still be reserved for Conli�iissio.: use, � �I ' � � , i , MOTION by Dunn, seconded by Prennan, that �,�e accept Douglas Hedin`s r.ecc,:im�nd- ations of Ji.ily I5, 1�76 to the Ordinar,ce dealing <<�i.�h access (40S.2?.5, 405.22�, 405.253 (1) ,(2) azid (3) ) a�ciing to that tfle all nec•� section 405.051, tc read as folloe�s : "405. 051. Upon a voice vote, Funds Fesei'ved for Cable Televisiori Commission: Al1 money receiveci by the Cit.y from the Cor,ipany, pur.suant to Sectzon 405.05 of this Ordinance shall be a��propri- ated and used by the City to fund ti�e Cab1e Televisian Commission, establislied by Section 405.2£3 of this Ordinance." alI voting aye, motion passed unanimously. rir. Scott asked if inemi�ers �aish to send this ta Counc�l for puUlic hearing? MOTiON by I3r_ennan, seconded by Kaspszak, that an adc�i.tion bt� m�de �o Dunn's original motion as follo�as : Commission accepts the rccottu��endations and ��-�sses them on Lo Council to i.ncorporate them iilto Ordinli�ce. Upon a voice vote, �11 vo�ing aye, mo�ion passed unanimously. l5 E CI�`I�1 COT4I�IIS4>T01� 14l"'.'};TI1IG - T.PRIL 27� 1.97i Pc1cjC F�. M07'�ON by �rennan and seconded t�y Y.a.�F�szak that- the Commis:sion also send a cover_ Zeti�er_ explaining succirictly t}zc backqrouncl of Commission recommenda- ti_ar�s and rea,on� ior recorr�rncnding thaY the Ordi.nance changes be adopted. Upon a voice vote, all voting aye, motion passed. t�1r. Scott thanked 29r. Hedin for his patience and guidance. D. UPDATT Ot� ACCES5 STUDX Mr. Scott stated that we have received all we are going to from other work:,hops. Ner.t major item Commission should pursue is setting up dialogue wit� compar,y on what kind oF suppozt thcy are going to give to access that is ouLlined in access study and stated next meeting would �e a good time for that, if it is okay with I�^.r. I-Iungerford. He stated he wo��ld be ]zappy to �rovic3e him 4rith a copy of the access study if he did not al- ready have one. zTZ. raEw BUSINESS A. Report f_r.om Clyde Moravetz on N.C.T.A. Convention Mr. Mora.vetz xevie�aed his impxessions of. con��ention, stat- ing tl�aj� he though'�. is was slani:ed to:aar_ds inaiz�t�:y, nut tha� I�e �•:u.s most im�ressed witll hot�� well it �aas conducted. n'nere vr� re seminars on all f_ot,r. days canductad ir� iive separat� areas s:imultaneously, and I�r_ealtido�r:n un these �aer� technica]. sessions, p�y cab�e, financial, oper.ations ar.d governmezit re'laticns; i1�,SP_ i.hai� 15G eyhibits displayeG everv day az:d e}>pexts from i�a:�1� related industries and agencies gave presenta�ions. Twen�y-nine oi the sessions �,�ere iaped and ar_e available �or purchase for a period of one year; he pLirchased 2 tapes on sessions that con�lict�d �,ith the ones he did a�tend, and he will make t:nese available to members, as he thouahL they would be of interest. General cor.census of �ndividuals attcnding meeings ti�as feeling of trend to�•rards contir.uing deregulatian by Federal government. The Federal Communications Act of 1934 is being re��:ritten ana staf� repor� oii recor,unend- ations was supposed to be out hY April 22. Mr. Moravetz �oill present a written report on ��1� ��7�vention and it was decided at that time members can go over it with him and ask questions. Mr. Scott thanked Air. Moravetz for his report. IV. OTHLP. BUSINESS D4r. Sco�t stated that Mr. rioravetz woul.d"pass out by-laws for Bloomington access gr.oup �ahich might be lIltG'leSt1I'1CJ. Mr. D4oravetz also handed out recent correspondence from rir, Goetz and "audit" fz�om Ar.thur 1'oung, and he statcd that the�:e was a discrepancy in t:}�is report of nearly $21,000 rec�arding income tax revenues and repox'ting and rSr. Iluiig�rford statcd tliat compariizg tcao re}�or.ts, L-hat one could be f�.gures and one an estimate. He asked Tir. Moravetz for written clarificai:ion of t.he discrepaticy ��id i�e ��ould try to find otit- aboui� it, This item t��i.11 bc i�� packagc ��as�cd ont.o the Council at 1 latcr dat�c. � __._�� . J � ' � Cn7"V COt�1M7S;7ON MF•.FTI1;r - April ?_7, 1977 Pac;e 7. ' Mr. Y.asps•r_ak Uuc3gested that a letter. be sent t,o City Manager with carbon to Cable '�'V stating thai. Commission is not sat�.sfied wii:h financial. report and wish a breakdorm sirnilar to that recei.vc�cl last. year, :�tatir,g cut-off date; Also, wish him to check on discrepancy 011{��.]_7'�ed by t9r. t•ioravetz in most � recent financial report and rePly an all tllese items to Cornmission, in- dicating at tliat timc if he is saL-i.sfied wit}�� nrthur. Young report. � Mr� Y,aspszak �sked about procedure for nit�_fyinr public of this Cor�mi�sion's meetings ar�d was assured that a11 requirements ot open m��eting law are r,.et. 15 F � t��. Hungerf_ord put to the Commission the same question as to the Councz? -- that is, would they be willing to endorse program for let.i:.irig people Y.now what they are doing, and asking for their support and int.erest, etc. A-,r.. Scoi�t replied that he felt san:e as Mayar I�iee about this, and �aoula like to sce it ' on Z�aper before a decision is made L-o endorse it. t�ir. Hunqerford stated he would write iL- up and present it to them. � NEXT MEETIt1C C�F CATV CO?�LT�ISSTON: May 26, 7:30 p.m. , Ci�y Hall. I�iOT.T.023 TO A�JC�UFti�7: r50TI0i,1 J�y P4s. Blandiny, seconded i�y bren��an, t:o �.djotiYn th�� meetir.g at 10:3Q p.m. Upon a voice vote, a11 voting aye, th� moticn carr�ed u:�a�ii.��.ously. Respectfully submitte�, 7,�.,� C f fi P f-. .e�r�e f� '��`c�, F/c� v�,^, Verz�a Gore Recarciing Secretary i i I � � � � � � i � � �� REGULAR COU�1CIl t1EETItlG OF DECENIlER 20, 1976 PAGE 2 16 COh1SIDEf?A7I0�! OF F1RST R[ADIPiG OF P.�! OkOJPIAtlCE FC1R STP,EEt {1ND ALLEY VACATION REOUEST SAV r76-06, BY�ROTTLUtID CQ�iPAt1Y, [(!C. TO ��I1C�1?F ELY CIkCIE,'GEPiEPFLLY LOCATED BET41Efft RUThI'SiflEET F�+J EAS�RIVER f?�J��U, ?lOftTtf OF LIL'ERTY STKEE7 ti.E.: / Mayor Nee stated there had been a public hearinn re�ardinn this��"� � t107I0N by Councilman Fitzpatrick to waive the readinn and adopt the ordinance on the first readina. Seconded by Councilman Han�ernik. Upon a voice vote, aii votin�t aye, t•fayor t�ee deciared the n�otion carried unanimously. ; CO�JSIDEP.�TIO�� UF APPROVAL OF FIPlAL PLAT SUaDIVISIO"1 P.S. �76-09, DELETEk ADDITION, BY DOilALD LEIER, GEPIEP.'ALL'Y LUCATED IN THE '1500 BLOCY BET41EEt! 73R0 �VEt�UF �ND Ot1Ut��AGA STREE7 T=-' /. �� . Mr. Sobiech stated that this is the remainina parcel of pronert.y on Nrhich there was a public hearin9. At the public hearinc�, there were no ob,jections to ihe proposed plat which Yrould result in a cnntinuation of J3'2 Avenue to the east and then the extension of Lakeside Road. Ne further stated that althouah the nroperty is zoned R-1 to the north half and R-3 to the south half, at present it is tf�e intention of the petitioner to deveiop single family. The stipulation from the P1anflinR Com�ission is Lhat the petitioner- contact all remziring property owners renardino any additional rinht-of-t•�ay that would be required for providing the improvemer�t for 73%z Avenue. h1r, Sobiech oroceeded to shov� the City Council a sketch on the easel. It was further noted that the front �•�idth of the southerly four lots in the R-3 zoned area would only be 72.25 feet instead of the standard 75 feet. bi0TI0N by Councilman Stanaalt to approve the final plat t�;ith the variance duly noted and with the following stipulations: (1) the petitioner is rec?uired to obtain the necessary easements to provide 73'-,, and Lakeside riaht-of-�•�ay antl (2) that in the event the properiy is deveioped �nto multipie dvreiiings that aii access be off 73rd Avenue reside+�tia7 streets. Secon�ed by Counc�l�romar� Kukoarski. Upon a voice vote, a)1 voting aye, flayor hee declared the motion carried unanimously. , COiJSIDEE�ATI0�1 GF AFPROVA.. OF FINA! PLAT SUL�DIVISIO?! P.S. ,-A,i6-11, REnL ESTATE 10 ADDIiION, BY FRAP�CIS J. GIRDLER, GEtlERALLY LOCATED IN TH� NE OUAORFIPaT OF I.694 AtdO HIfFit•tAY 65 h;.E�.: Playor iJ�e stated there was a pub)ic hearing rec�ardinn this and there svere no objections. 1 � MOTIQN by Councilman Star�•ralt to approve the�final plat. Seconded by Counci]�voman Kukqi•rski. Upor a voice vote, all votina a,ye, htayor �lee declared the motion carried una'nimousiy. COP�SIDERATION OF APPROVAL OF FIPJAL. Pl.A7 SUBDIVTSI ;U�t P,S. �`76-10` IPIP�SQP,UCK VILLAGES SECOf�O AGDI7IOid, �Y'DARREL A. FARR D�.VELOPPIENT CORP:°; ��E,dF�R.��LOCATEU NORTH OF NORTH It1i�SBRUCK DRIVE AND b'EST OF �;HE E3L�FOR�ST APARTfIEiVTS: Mr. Sobiech stated that reaarding the proposed f�nal plat, the petitioner �aants to add an additional two structures of townhouses to the already previously recorded Innsbri�ck Village plat. He further stated ther•e tivould be a trade of prooerty from the apartment comp}ex to Innsbruck Village Second so that there is an even parcel of property swapped in order to maintain the existing areas and to aliow tf�e construction of the two to4�nhouse structures. Mr. Sobiech stated that another concern was the public walko-ray system and there is a letter on file M�hich indicates that the develaper will maintain and provide the necessary ease�nents. Mr. Nasim �ureshi, City Atanager, asked 1ir. Sobiech if there were any negative concerns from Innsbruck �;orth Association. hir. Sobiech stated there were none that the Planning Corisnission ►•ras aware of. ' h'ATION by Councilman Star��aTt to approve the final plat �•iith the ietter of condition regarding the walkway, maintenance, etc., and thaL the i�ao parcels be cor.�bined i�to ' one parcel for tax purposes. Seconded bv Councilman Ha�ernik. Upon a voice vote, all , voting aye, hiayor Nee declared the motion carried unanimously. � CONSIDEFL17I0�; OF APPROVIIL OF FIPl�1L PLAT S!J6(?IVISION P.S. •°•TF-05 � 3t2D ADOITI�i�, (iY DARR(:L �.�FARR DcVEL01'tiCt;T CORP„CEhl'-f;,1LLY-L(1 (�F EAS7.E3AVA`�1l+iJ�P{1SS ANf) SOUTN OF ,'•'EISiER_I�(lr1D--N.E-:; f � � IN Ptayor Nee statect-tha� they now have a memot•andum frori the Cit,y Attorncy and a letter from_the Townhouse Association. � � , AT , � � � i I � t ,- � � �� , ic� � �� c��f � � � ,�� '� � \ \ �. � �� . , � �,, ,✓, - , ! --�T--=, � '\ ''� / - ,�'� -- � , . � l �� . %�' � , �.� ( �/ 1� � ;;� G ; f � 1� fti` ; , � � �� 7 ;, . , __ .+. , � ,� � � /`� � .�� ____� � �i:� /\ � �f C I • �� \ t + �,/ �,� `�'� �`��.`{_i J / i�� ,, �\v� � `�• � \ \ � i \ \ ,� / \� y' )r , `� \\ . / �t, � 1�' ( . � � �' � � � �.�... �� y, � t �� - . ^.�^'/✓ r `�— — i � _......_ ��...._.....��..� _._..—.� - ----'�" ......�..� . .is�r: 16 �1 !� ��. � �� E pl �� $ � . � ,-:%� ,,,�''�� , ? �� \ �ti�. S \ � �� i �� `� �� ' \ � > i r� � -� � i � i �/ . r� � � — � � � S ),.�G �' � � � �' � � � � --� 1 �� r----___� � � j--- - �__ _ -- _ __.� . J : �� I,,� • ►�. r - � � � ` ._._ �_.. � � 1 —� � � .... .._.1 ��o; ;•�� c� �XtSr�f�� P��rM��r C�oM �� , ;C/Jti:!": .i lyci: ..r/�;','�:r; { �:'`r '�•� �� 7�`:y�' � % ,�� \ �� %�'\/, ' �t r�,%� ;� \ \/`! � _�o�' 1N - �iYiV58�uGJ�.. . . .��'f U,� _ ., ._.�_ .__ .._.._._.__.-_.- - _.� _�. � � �� I � � � � � � � � � � � � CI1'Y 0�' rRIDLEY M[�FtAI�iJ��'I � r•'ITT�10 T�: Richard N. �obiech,_ Public 1'dorks Director D4f�f0 FROi�'I: ��1��I1-iomas A. Colbert, Assistant City Engineer Dl�TF : May 12 , 19 7 7 SUB,I�CT: BID OPENING; SE��R, jti'nT'ER �, S'1'ORh1 SE4ti'LR IMPROV�NT PROJECT #121 On T�y 12, 1977, sealed bids were received arid opened publicly at Fridley Civic Center at 11:30 a.rr. Attached is a tabulation of all bids submitted. Upon review by the Fngineering Division personnel, several errors were discovered in the extension of the unit prices and subtotal addition. However, these errors do not affect the relationship of the loja bidder in relation to the other bidders. The corrections appear on the attached bid tabulation. Based on this information, it is our recommendation that the contract for the above referenced project be awardEd to the low bidder, Kenko, Incorporated of I�linneapolis in the amount of $27,570.08. TAC/grs Attachment l7 � Ml�Y 12, 1977 BID OPIIVING 11:30 a.m. � ST. 19 77 jV�I'�iR, S�V�III:NZY �1ND SI'01t��1 SI:�VI�It INIPROVI:A4kiNT PROJECT #121 FRIllI�Y, P�IINNESOT� �I 11:31 a. Page 1� A PL�it�"t-iOLDER BTD DEPOSIT LiJ�1P SU�I BID � RF..�IARKS �enko, Inc. 275 Central Avenue NE Minneapolis, i G�I 5543Z ��1-�559 � Henn�n Construction Co�any ute 1, }�ax 65A II �ckford, �•'�i 55373 I 477-50s1 I Encon Utilitzes derground Utilities 30 East Cli��f Road urnsva_11e, i�9iJ 55337 . 4-320t� � � ,sianconi Construr_tion Corripany � 6 }�ayard �ven��e � .. Pat.:7_, i�-1� S�1.p2 , my: 226-4�39 � i.zrsrhville Construction � �. J. Lox Ifi7. �� eti:o, l��I 55357 8- 7184 +ason Con.struction Com�any 0� Sa?.ztl-i Ferry Street Anc3ka, `�1N 55303 �3vne or Harold Dawson: 427-6340 �21an Jol�nson Company 9 Osbarne Road �� ri�l�y, h�iV 554�2 '.�4-156(} � � F� K Construction Comp�ly neral �, 1�lecli�nical Contractino J3S-110t11 Street Noxth Still��atei•, �N 55082 �_�'�n �I. rlcler!aan: 426-161"s ��.�el Ne��man Htg. F Plwnb. �� 08 Coma l��eiltie �V :. Pau1, I�� 55108 I b45-0451 � _ ,r 5% 0 5% 0 5% 0 5% 0 5% 0 10% S% 0 l00 �27,570.08 No seal on Bid Proposal $2g,309e10 $29,947.50 $31,065.90 Tabulation error total should be S/B $29,308.50 TAC �33,180. 75 P10 seal. on Bid Propc�sal $33,b6?.50 $39,628.94 $43,152.50 l0a � '��3,812.65 Tabulation error total shoi.�ld be $�3,992.65 CV�t MAY 12, 1977 BTD OPENING 11:30 a,m. • � ST. 19 77 tiVl�'IT.:R, SIMIZTA.RY �IND STOEt��t S};t�rER Ii�'[PI;OVEi�1�:.�"I' PROJECT �121 FRIllLEY, A11N'�1ESOTA PI..F�1�-iOLDER BID DEPOSIT Ltfi1P St1�1 BID exander Construction Co. G561 Johnny Cake Ridge No Bid p1e Valley, N�1 SSI24 32-1600 I�-Luxe Construction Co. 7 Emil Avenue No Bid �horeview, '�� 55112 �II �483-2980 - �_____. _ i �Vater Pra�ucts OSO 1b'allace Road .den Prairie, i I�1 55343 Glen Reed: 941-6366 ' � American Cast Iron Pipe Company 2112 Lynn Avenue S , 0. ��x 278 avage, I��L�t 5537� � om i.1. �Iurtrn: 890-3570 r ater ti�'orks Supply 2575 Doswell Avenue �t. Paul, �•�T SSI08 ave \'elson: 645-5875 Grand � Frovarp, Inc. ute 7 Box 655A Nk�und, ��I 55364 �72-4812 y i . : .� No Bid No Bid No Bid 17� t a�;e T�vo RF.�IARKS hiEMO T0: MEb90 FROM: DATE: SUBJEC'T: Richard N. Sobiech, Public Works Director Thomas A. Colbert, Assistant City Engineer May Il, 1977 Change Oxder #1; Street Improvement Project St, 1977-1 �, 2 Please note t]Ie attached change order which is for work under Street Improvement Project St. 1977-1 � 2. The change order includes work necessitated by the newly approved Deleier Addition plat (732 Avenue extension). The original contract for St. 1977-1 � 2 allows for additions to the contract up to a maximum of 25% of the base bid. Tlie at- tached amount is well within that amount, therefore it is requested the change order be considered and approved a� the Council Meeting of May 16, 1977, so the work can be added to this year's street construction project. TAC/ j m Attachmen�. I � e PUBLIC 1tiURKS DL'-P/1R'I'MEN7' Engineering Division City of I'ri.clley Fridley, bfannesota May I1, 1977 N.D.H. Inc. 5400 Industry Avenue NL9 Anoka, r�W 55303 Re: Cf1ANGC ORD�R #l: Street Improvement Project St. 1977-1 $ 2 Gentlemen: • � • You are hereby ordered, authorized and instructed to moclify your contract for Street Improvement Project St. 1977-1 and St. 1977-2 by adding tI�e following estimated quantities fox a revised addition iii price o£ Twelve Thousand Fourty-�our pollars and Ninety-four Cents. �12,044.94 As these are estimated quantities, the basis of payment would be on the actual quantity of work performed and the following unit prices. ADbI T I O;v'S Spec. No. Item S-2 Adjust Valve Box S-15 Crushed Rock for Uriveway 5-17 D4asonry Retair.ing jVall 2104.501 Remove Concrete Curb � Gutter 2105.501 Common Excavation 2130.501 jVater 2211.501 Class V Aggregate Base 2341.504 Bituminous Material for Mix. 2341.508 iti'earing Course hlixture 2341.510 Binder Course Mixture 2357,502 Bituminous I�9aterial for Tack 2506.522 Adjust Frame �, Ring Casting 2531.501 B6-1� Concreie Curb �, Gutter Quantity 1 Ea. s0 Tons 100 Sq.Ft. 20 LF' 429 CY 6 D4/Gal 277 Ton 25.93 Ton 247 Ton 247 Ton 129 Gal. 3 Ea. 1,121 LF Unit Price � 40.00 7.JO 3.50 1.�0 2.15 6.00 3.20 78. QQ 6.s0 6.75 0.40 60.Q0 3.20 Amaunt $ 40.00 GOU.00 350.00 22.00 922.35 36 . 00 886.40 2, 022.54 1,679.60 1,667.25 51.60 180.00 3,587.20 NET ADDITION $12,044.94 Origina2 Contract Price $ 359,876.52 Change Order #1 ADD 12,044.94 REVISED CONTRACT PRICE . . . . . . . $ 371.921.46 0 Change Order #1 St. 1977-1 � 2 -2- 5/11/77 The completion date for the main contract on Street Imf�rovement Project St. 1977-1 and St. 1977-2 wzll remain in effect as August 15, 1977, but the completion date for ttiis change order will be extended to September 1, 1977. Submitted and approved by Richard N. Sobiech, Public Works Director on the 11t1� day of May , 1977. Prepared by• ,,�,�, � !��%�� Checked by : �, � �,- '�= s � .�� f%% � �, � � /�/ i�'L r �� /„/' : ��JL' Richard N. Scsbiech, P.E. Public VJorks Director Approved and accepted this 11th day of A4ay , 1977 by N.D.1�. Inc. • � • � N.D.H. Inc. � /' ,�( �, '! + '�' � �� U.� ✓ y' Title Approved and accepted this 16th day of I�9ay , 1977 by the City Council of the Gity of Frzdley, Minnesota. iVilliam J. Nee - Mayor Nasim A7. Qureshi - City Manager �� . _ � � 4� �. iE� �� . ,: , � . �.. � ; I �� CHARLES R. LEFEBVRE County Auditor Ext. 134 , , 19 COUNTY OF ANOKA Officc of the County Auditor COURT NOUSE ANOKA, MINNESOTA 55303 6t2-42t-4760 May 6, 1977 --� Mr. Nasim Qureshi Sharyl Shaw City Manager Executive Secretary Fridley Cl ty Hall eXt.izs 6431 University Avenue ___ Fridley, Minnesota 55432 Tom Durand � Supervisor of Moto; Vehicle Licenses EXc. �20 � Jim farrier Director o' Efections Ext. 142 � --- RudyJohnson I Game and Fish Licenses Ext. 130 �Jim Plemel Supervisor of Real Estate Transfers ' Ezt 126 Judy Vrdoljak � Supervi5or of Taxes and Speciat Assessments . Ext. 128 i t I I i � r.,� s I�� Dear Mr. Qureshi: I have set the date for the Tax Forfeit Land Sale which shall be June 11, 1977 at 9:00 A.M. Arrangernents have been made with the legal newspap�rs in our County �o publish notice and legal descriptions for all property in the land sale. If you want the County to sell the property in your municipality in June, the enclosed list must be signed, dated and returned to my office no later than 9:00 A.M., May 17, 1977. Thank you. � �� Charles R. Lefebv�e Anoka County Auditor CRL:mvd Enclosures 0 '(:k;Y��ni�:� • Vorm Ko. �tOA—LAfM1It C7.A391YICATION: 4 Hon.['uu�ertsUun � �� " P.°�.S:dL:1 ___—__.. _._... .._._. . _.._-•_. __. _.. __.._. .._. _" ' . ..._. ..._. _� . __'_._._,. . _ ._ . _'_.._..__ _` � CiiR1'iF1CATI; OT CQiJNTY ll0.'�RD UI� CLASSIFICATIbN OF 1�OR1�IsITI?I) I.ANUS AS 1'ROVIDI:U IlY CIIAI'TT;It 386, LA\VS 19�35 AS Ab11;Nll1�.U. � � � � � � � � � � ,� ,r � �1 g'crc�x To the J:i3hi�;rflioard of the_........... _ ...............CI:PY.. _.........................................of........__FR,I,D.L1;Y.............. ............................... Cfty if''e, ilee mcr.�Lers of fke Coun(J 13oard of tlre Counf�� of. ��OKA ,�finneaota, __ , do lacreby rerfi.fl� tlrat tAe pareels of tand herainafter liated are a11 of tAr, lancls tulu.cic 7�ac�c Lcen claasiTed Ll/ u8 asn.o��rc�nscrunlio�cl,n.itds, from llec list of iun<Is forfrited Go llec Sta-lc of llutTtcso(a for nonr>>a7/ntent oJ lu.ree for t1u Uear or ycara...19 50 — 19G9 � ��rovictcd Ly dli�e�cesoln. SEalir6cs 191��, Secfiorc 2S'�'.01 asame�tdecI. - ----` _ su�nrvisior *UNPLnT'i }:D Plat �53912, Parcel #960 The N]63.64' of S 551' front & rear of Nlv; of NF; of Sec 12-3D-2 Subj to the rights of the pub over the �4 50' & also over. ti�e E 33' thereof for rd purp; 6 the fo2 desc land is excepted fr.om th above desc premises, to-wit: The W 181' of N 163.64' of S 551` front & rear of the Ni�' 4 of NE < of Sec 12-30-24; & subj to rights of the pub over W 50' & also over N 33' thereof for rd purp; and subj to rd & util ease to City of Fr.ic�ley over. N 30' 11-13-63; & subj to a 20' util. ease to City of Nridley 11-13-63 Sec I2-30-24; and subj to street eas� to C�ty of Fridley over W 50' of � 661.5' of N 133.64' of S 551' of N�aa of NEa o£ Sec 12-30-24 per QCD 10-17-66. AUDITOR'S SLRDIVISION N0. 129 Plat �54167, Parcel #30 Lot 1(Subj to a 25' ease for st & util to City of Fridley over the E 25') QCD 11-24-64 {EX S 111.0') (EX N 86.0' of S 197') (Subj to 30' st & util ease to City oz Fridley IO-21-76) CiiOUINARD TERRF�CE Plat #55381, Parcel �10 Lot l, Block 1(Subj to util & drain ease over E& S 6') (Sub: to drain ease to City of Fridley 12-�1-69 ) FRIDLP•.Y i'ARK Plat 55995, Parcel �2890 Lots 1,2,3, Block IS (Subj to st & util ease to City of Fridley 4-11-74) rRIDLEY P11RK Plat #55995, Parcel #3990 Lot 8, I31ock 19 (includ vac alle} & st adj thereto) Sec. or 1'a�p.ct R,��6� Appr,iiseci \'atue Apprafsed Yalue � ],ot 131nck af I,and ot Timbcr 12 1 1 Q�2�3 8 � 30 I � 1 24 $59, 000� 00 6, 800� 00 3, 100j 00 15 4,00 00 19 Z, 10 00 19 A F J _-__ - - _ _� _ __ _ __ _ -- -. - — ---- _=--- . .-- -_=.__._ . _ _ _ _ _ SUBDIVISION �'��c ��r ,I'1'wp. or � lt�ngc ( A� pr u�:rd Vatuc ApprsnncJ Value �� I.��t J 111ock — ot l,aud I ��f I'imLcr� FR7 UI.I�:Y CON'P1IdUEll � HAMIT,'1`ON'5 711)Dl'I'ION 7'O MI;CIi1�iJIC.`;V] I,I�1; + Ylat ;#56159, 1'arcel fl3U90 1,?.,3� I1 $9,500 00 I,ots 1, 2& 3, 131ock 11 (L•'X R/6�7 ; over Lot 1.) ; * ��nN11,roTa�s nDnx�rz�r� ��n rircii��r: i csv 1 ijLr, Plat #;56159, I�arccl �9&7.0 Lots 23 & 24, B1ocY. 16 (Incl 1•d%j oi vac alley per order No 193 11-21-61) t1YDE PARK Ylat �56308, Parcel #660 Lot 11, Block 4 HYDE PARK Plat �56308, ParceZ #4520 23,?.4 1G 4,500 11 9 2,775 00 ' �� 21 � 10 � � 3,000� 00 , � I �J �� , � � � L 1 � � � i � d:,;s;� �G 7l.:r: Vonu Nu. <16ft—I.Ati'U <:I.AS';7BIl:A71�).ti.— (�:�.��-� ;,��,.,.� �:��bn �r �k YY r.:�.4r.,�� . ___, _____.___ -------- .__ _ _--- -__=-.:: -��_------__�__ ___ ------- - _. _.__ _ SUl?ll1V ISIOIv (�` �• °r I 1"� °T ( It mE r I 11 Prni�r•d Vnluc I Appr:�i� rd \:Quo Lot ),ioci; ot I.and + o('}'im�rr _ __� .--- —: � � i rri.rnr.�:Y coN�rir:vr:n MT+TtTI1N ItlI,T�S Plat if567AA, l�ar.cel #1160 Lot 29, 131ock 1(Suhj to 5' util � ease along St•1' ly 2ine) (Si�Lj to ease for pul� utility) (EX the ! F>art of Lot 29 oJhich lies Iv�' ly of ; fol desc line: IIeg at a pt on N'ly line of sd Lot 29 cahich is 6G . 52' ST4' ly of NJi cor of sd r ot 29, Lh F'ly to a pt on L'ly line of sd Lot ?9 which is 2?.. 15' SL•'' 1� of Yd� cor of sd L.of 29) (I:Y. tti pt. of Lot 24 lying S of- -a line prll to & 125' N of S line of sd biar.ian Hills Ac3d & lying F of a li.ne drawn from a pt on �d'ly line of sd Lot 29, dist 12.82' from SW cor of sd Lot to a pt on l.ine prll to & 125' N of S line of sd DSarian Hills Add, being 40' L of inter of sd li_ne with h" ly line of Lot 29, Marian Hills A<9d). F�FIRIAN HII,LS A�.v'D ;,ARIAN IIII,LS SECG'iv'D FiDDITIOIvT Plat #56745, Yarcel n10 Plat ;k56744, Farcel �500 Lot 1, 131ock 1(Subj to util & drain ease over the E'].y & N'ly & L4 6') (Subj to drain & util l ease to City of FriGley 10-21-76)I nND that part of Lot 12, F31ock 1 of Marian Hills desc as f:ol: to- wi.L: Com at the SE cor of sd Lot 12; th NW'ly along the �?E'ly line of sd Lot 12 a dist of 40.92 th j9' ly to the SW cor of sc3 Lot 12; th SE'ly to the pt of beg. Subj to restrictions, reservation and ease of rec, if any. Subj to drain & ut-il ease to City of Fridley 10-21-7G.) MI�RII�N IIILLS SECOND ADDITION Plat #�56745, Parcel �40 Lot 2, Block 1(Subj to util s drai.n ease over the L& N'ly 6') (Subj to drain & util ease to City of Fridley 1Q-21-7G) MI�RIAN HIi�LS SECOND ADDITION Plat �56745, Yarcel �80 Lot 3, Block 1(Subj to util & drain ease over the N& W 5') I (Subj to drain & util ease to City of rridley 10-21-7G) M71RI71N ]IILI,S S�COND ADnITlON I'lat #56745, Parcel #120 Lot 4, Alock I(Subj to ut:il & drain ease ovcr i:he L•' & N G' ) (Subj to C�1"F7111 & util case to I City of Fricilcy 10-21-7G) . r'�71 1 2 3 1 1 I 1 I 1 4 I 1 100 I� 8, 100 )0 �� 111 11 � 3, 500 �00 { 4,000 �oo 19 C F Fwm Nu. �4��1f—I.A1U f:1.Atiti11�It:A'1 IU'� — +��Y.�.T:�ri�Y. Nuu-l.unnv�.atlon —___--_:___ _ �=- sursi>i��,:;�ox ~ -- --- _-��_.�( .s��. or r��-,�. �,�- � L,ot �•):locl; . FR7D].F)X CONTINUi•;D M71RI71N III),T,S SI:COVD ADD7TION P1at��}5G745, Parcel. �2IIU 8 i Lot Ei, }31ock 1(Subj to util & I drain ease over thc L'ly G' and � as shor�n on plat. ) � MARIT�N llILLS SFCO:�?l� 71�D?TION Plat n;G745, Parcel #320 � 9 1 Lot 9, I31ock 1(Subj to ulil & drain case over the � 6' and -as shown on plat) MURDl'X PARK Plat ;i56947., Parcel �#340 17 Z Lot 17, F31ock 1(�X pt taken for hwy) UAY. GROVE ADDITTON TO FRIDLEY PAR, Plat tt57096, Yarcel #1040 30 9 Lot 30, Block 4 ONAWI�Y Plat ','t57189, Parcel #;400 10 2 Lot 10, IIlock ?. PLYMOUT?i Plat �57352, Parcel #920 15 2 Lot 15, Block 2 PLYMOUTH Plat #�57352, Parcel�#1220 30 2 Lot 30, Block 2 PLYh10UTH • Plat #�57352, Parcel #4825 30 8 Lot 30, IIlock 8 PLYDIOU`PII Plat #57352, Parcel $7185 30 I2 Lot 30, Block 12 RTVER VI1'.W H�IGIITS �� Plat #�57593, Parcel �I45 24 A Lot 29, Block A(6ubj to 9' st & � util ease to City of Fridley 10-21-7G) RIVrR VI�W IIEIGfITS � Plat #�57593, Parcel #295 58 ( A Lpt 5£3� Block A RIVF.R V7EW IIEIGII'PS Plat #57`_'i93� Parcel #835 56 � b LOt 56, Block D �`�'„� � r°f..;4:F.fl , 7ta»gc � �1'pr. i��•d Vatac ( Apprniscd o[ Land uf 7'inil 5, Q�0 00 5, 00 00 i I I 9,500' 00 � I I ' i , i 1,70d 00 �� I I il , 2,500 00 i I 775 CO . 50 00 45 00 50 00 50 00 50 00 60 00 t'nluc �er l9 D I � S:)lil)I�'ISlON � I Sec. or � 7'v: p, nr � Rangc I hppr:�iseJ Valuc I Apprai��•d'lniuc j 1J � ].�d INocl: uf L:md o('1'imLcr i I'RIDI,I:Y C011'C7NUI:D SPRING T3ROnY. YARK Plat k59140, Parcel rG15 & 620 Lot 22 G� 23 I}lock 9(Subj to gas main ease) (Subj to ease to N.S.S. Dist G-1l.-GS){Subj to ease NSP Co 10-7-69) SPRTNG BROOh P11]?IC Plai #59).40, Parcel �635 & 1;6�i0 Lot 26 & 27, IIlock 4!Sul�j to case to No Sub San Sew Dist 6-11- 65) (Subj to ease to NSP 5-8-GS) (Subj to ease of record) SPRING BROOK P,'�KK Plat #59140, Parcel ;�965, #k970 & ; #975j Lots 1,2,3,4,5 I31ock 6(EX that � part of Lots 1& 2 desc as fol: Com at most W'ly cor of Lot l, Block 6; th SE'ly along Sw'ly ' line of Lots 1& 2, Block G a dis o£ 50'; th on a curve in a NE'ly , dir having a radius of 26' more or less to its inter with N line of Lot 1, Block 6 at a pt dist 50' E of most L4' ly cor of sd Lot 1, Block 6; th 6't along N line of sd Lot 1, Block 6 a dist of 50' to a pt of com.) SPRING BROOR PARK � Plat #59140, Parcel #1055 Lot 21, Block 6 SPRING I3ROOY: PARK Plat #59140, Parcel #2280 Lot 11, Block 12 SPRING FiR00K PARK Plat �59:�40, Parcel #2665 & #2670 Lots 21 & 22, BloCk 14 SPRSNG LAK� PARi: LIaKliSIDE Plat #59198, Parcel #1570 Lot 22, Block 2(EX N 135.6' as meas along the E& W lines there- of) (Subj to an ease over S 25' for st purp) SPRTNG VALLEY Plat #59152, Parcel #1020 ' Lot 6, Block 2(Subj to ease for st s util over N 25' to City ' of Fridley) (Subj to ease to ' Anoka Co for hwy over S 30'} Subj to drai.r, & util ease over , the F. 20' to City of Fridiey � 10-19-76) ?. 2 , 2 9 to 2G.2 9 !, ..2, 3 4,5 21 11 21, 22� 22 � 6I 6i 1, 000; 00 1,OOq 00 ?, OOU, 00 6 ' 2, 000 00 12 2,000 00 14� 4,000 00 2 6, 800, 00 2 6, 000� 00 � J � . � 20 , � R};SOLU'1'ION ti'0. A R3_:SOLU'1'ION O1Zll1:P.II�G Ih1PROV(�';�1fiNT, APf'R(iV/iL OI� PI./iNS AND l�DVF.RTIS1�'G FOR B1D5: SI'WJi'1' T;�il>ROVIi�11:N7' P120JL'C7' S'1'. 1977-10 (SIiALCO�I'fING) 14'I�EAF:AS, the City Council oi' thc City of Pridley has cstablished a policy of Sealcoating the City streets on a regular basis, ti4`I{ERI:AS, tt�e C�.ty T;ngineer has submitted a pl��.n sho�ai��g the strcets in necd of Sealcoating, markcd as Lxhibi.t "A". NUI�', �I'HEIZL;I�ORE, BE IT RI�SOLVED, by the �ity CounciZ of tlie Ciiy of Fridlcy, A>>oka County, Minnesota, as follows: l. Tlzat the streets marked b).ack on the attached ma�� be sealcoated, and the work invo2ved in said improvement shall hereafier be dcsi�nated as: STREET I�iPROVEA4L-'NT PROJL''CT ST. 1977-10 2. The pl.ans and specifications prepared by the City Engineer for sucli impxo��er,lent and each of them, pursuant �o the Couiicil action hereiofale, a copy of ��hicll pla�ls anci specifications a�e }iereto attac_}lec� and macie a part t�ereef, are hercb�� approved a�id s}iall be fil.ed �viih the City Clerk. :�. The ��exk to be performed w�der STR1�1�T IAIPkOt'E�iE\'T PROJECT S'1'. 1977-10 shall be per�or;n�d under one ccntract. The Ci�y Engineer shall accoruingly prepaa-e and cause to be inserted in the offi.cial n;J�aspaper advertisements for bids upon the rra}:i.ng of such in,provements under su�h appro��ed plr�ns and specifications. Ti�e advertise- nient shall be publisheci for t�,� (2) 1ti�ee;:s (a; leust 10 da�rs), and sliall specify tl�e <<�ork to be done and iaili state t}�at. bicis i;ill bc opened at Il::>0 :�.rf. on Thursday , the 9th day of June , 1977 in the Council Chambers of the City Hall, and that no bids �,li 11 be caT�si.dered unless sealed a.nd filed tei.tli the City Tngineez and accomyanicd b�� a cash cieposit, Uid Lond, or certified clieck payaUle to tI1e City fox fi��e pc:r cent (5�) of the amotirlt of sucll bid. 'I'liat tl�e adti�ertisemen� for. Uids for STRI:I�'I' ZT1PR01'E�fI:NT PROJECT ST. 1977-10 shall Ue suUst.antiallv in form as that noted in �xi�ibit "B" attached hereto for reference and made a part hereof. � ADOPTED 131' Tl{E CITY COUNCIL OF '1'�iE CITY OF FPIDL�Y TIIIS 16th � ' � Dr�1' OF MaY ATTEST: 19 77 . � CI'i'Y (:Ll:l:}: - t�'L�I:VIN l;. Bt;11�;�1:L1. Ai:��'0}: - 1Villiam J. Nee J 20 A CITY O1� PRIDL�Y NOTICE TO BIDDEP.S Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the City Engineer, 6431 Univer- sity Avenue Northeast, Fridley, Minnesoi:a 55432 (Tel. 57�-3450), ort the 9th day of June , 1977 at 1I.:30 a.m. , and wi1l be considered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 P,M. on the 20t]1 day of June , 1977 for the furnishing of work and materials for STREET IMl'ROVE;�NT PROJECT ST. 1977-10 (Sealcoating) The seal coating project consists of seal coating about 2.10 miZes of streets. in different parts of the City and consists of the following principal items of work and approximate quantities. 12,552 Sc{. Yds. FA-3 Trap Rock Sealcoat 26,571 Sq. Yds. FA-2 Aggregate Sealcoat Both Using RC Cutback Asphalt (RC-80�) AII in accordance with plans and specifications prepared by R.IV. Sobiech, P.�, Publi c �Vorks Director,Frzdley City Hall, b431 University Avenue Northeast, Fridley, Minnesota 55432. Telephone: 571-3450. Plans and specifications may be examined ar the -0ffice of the City Engineer, and copies may be obtained free of charge for t�e Contractor's individual use by applying to the City Engineer. Bids must be made on the basis of cash pay�ent for work, and accampanied by a cash deposit, certified check (on a responsibl.e bank in the State of Minnesota), or a bidder's bond and made payable �vithout condition to the City of Fridley, Minnesota, in an amount of not less than 5% of the total amount of the bid. The City Co�incil reserves the right to rejECt any and all bids and to waive any informalities in any bids received without exp2anation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 16th Day of May, 1977. Richard N. Sobiech, P.E. Public Works llirector Publish: SUN CONSTRUCTION BULLETIN riay 25, i977 June 1, 1977 l�fay 26, 1977 June 2, 1977 ' . ��_,._;_�.��_4 -,.�_-�--._..�. � v v `�. � ....• �' . .. ' �.:! ....• S1LL4f_f.A-tPi.LT i.r".__._'r._.'�a-� -- � . � `\ 1 4 •... �.,.� rnwr...s�s • � ��\ � 1� -' ............ - � ' � 1\\ �' ,i . .. ,. ` l�. ,� . ... , ��, � , , __ , � _ _ , � .,.. 1 �..._ r �1, !. � _ �._ . .. , . �. � n r e,., ,,,. �,,..,.,.,. ' � .,, f' t„± .,�Jr .f,�'�. � t '. ` ' , _ . � � „l{ ,� � ... _ , ..:.. :- . _ Y :- � ' � ... + . i �, � � �3 ..�:. :::.: .. . '.t -. .. -- I ...., � � 1.�i � n . !; � - -�� - - . - -- ` �-__. � Y�..N ... � ( __ `" I E � 1 �.. i � w.l t K F ..., ,.. ;. " ... .. � � � , . � �d�. L �+ � - .. � �,� �-- 'f� � %'� � . 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I� � -=�'�: �' I€ ! i � a � i 1 ��,�t ,, �I=l �� .L7 _ _ �� °r ,� f 1 '- �' �} �,� �� A. �� i „�r 1 �1 /��f ,�;� � ��_ � _ Ii � It �� \ � �;,;1n. ��p! � ' n� _� �'_ P I`� � � � ��- � 1 . � .�-'= �... � .-1 1.� ,�� .._ , ;, r� .�w. -.��_ �pK i `''`� MCOPE ; / N/ . �_ �; s.�- . � — ,� t ; , _ 1 L { � � ` C, �r� S , t, _ p 3 I} 3 / -v. � �i � 1 �• / � � � I �I ... � ._ e._ .� t l f� 1 - _`— � , +. I. r �• � � � -- � , ��'-y � � ` , � �--,, _ _ I s i� „ �� .�, 'l � i ��. � � �---� - -r � �F� � �,, F;; � �,.> ��([[�.� ! � � r � `�"�nE� � , C C �4 �� 'i I � �! ti. 6� ......�. � _ �:r, -��-{3 � k'._ __ _ �j , - - _ .. _= I� '' -- _� �_ -- .. _ .. Jr'I�- _ _— _ , — =� .. _ . _ + � _ _ _ o= � - _:= :: c. �•. _ _- �` • '��C ' .. .� _�� .. � •..r �� ...� �_,_= -_ = n _'_ - _ .. 'v r��' { _ • '= __ � t-:� fi�' /-.o_ 1 _ _!J � ,�TREET MAP—CITY OF '-- � ��:, F�tIDL�Y �':-�-`�- .... _...�.., � :::....�:.�::.�:�.`. _4 ��;��`_:� 0 2C� B St. 1977-10 Sealcoating Project RESOLUTION N0. - 1977 A RESOLUTION AUTHORIZIf�G AND DIRECTING THE COMaIfJING OF SPECIAL ASSESSPIENTS ON OUTLOT 1 A�dD OUTLOT 2(EX. PARCELS 680, 700 APdD 750), MOORE LAKE HIGHLANDS 4TH WHEREAS, certain special assessments have been levied with respect to certain ]and and said ]and has subsequentl.y been combined. NOW, THERE�QRE, BE IT RESOLVED as follows: That the assess�ents levied against the folloafing described parcels, to-wit: Outlot 1 and Outlot 2(Ex. Parcels 680, 700 and 750), t�oore Lake Highlands 4th Addition, may and shali be com�ined as follows: ORIGINAL PARCELS FUP1D ORIGINAL Af�OUNT �utlot 1, Parcel 220, Reg SA Paid Moore Lake Highlands 4th St 1975 $ 9,627.63 Qutlot 2, Parcel 600, Moore Lake HIghlands 4th COMBINED PARCEL Outlot l & Outlot 2 (Ex.parcels 680, ?00 & 750), Parcel 400, Moore Lake Highlands 4th Addition Reg SA l� #34 S #91 St 1975 Reg SA W #34 S #91 St 7975 `ADOPTED QY THE CITY CQUNCIL OF THE CITY QF FRIDLEY THIS DAY OF ATTEST: CITY CLERK - Marvin C. Brunsell 1977. Paid Paid 832.30 1,702.58 12,162.51 Paid Paid $ 832.30 ]1,330.21 12,162.51 �1AYOR - WILLIAM J. NEE 21 ! � � MEMO T0: NASIM QURESHI, CITY P�ANAGER, AND CITY COUNCIL II � FROi`4: t+(aRVIN C. BRUf�SELL, ASST. CITY P�iGR/FIN, DIR. SUBJECT: RESOLUTION COMBINING SPECIAL ASSESSMEf�i�S ON OUTLOT 1 A�dD � 1 PART OF OUTLOT 2(PARCEL 400), MOORE LAKE HIGHLA�dDS 4TH DA7E: MAY 3, 1977 The attached resolution authorizes combining the Special � Assessments on two parcels into one parcel. The property is presently recorded in this way at the County now. � � MCB/eh � � � � � i � 21A � RESOLUTION f�0. -� 1977 A RESOLUTIOf� AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSP1ENTS ON LOT 32, AUDITO�'S SUB. N0. 129, AND APPORTIONIt�G I��iTO DELEIER AGQITIOrJ WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided, and repiatted. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the foilowing described parcels, to-wit: Lot 32, Auclitor's Sub. P�o. 129, may and shali be apportioned and divided and replatted as follows: ORIGINAL PARCEL Lot 32, Audi�or's Subdivision No. 129 PLATTING OF PARCELS APPROVED Lots 1 and 2, Block 1, Deleier Additian Lots 3 and 4, Block l, Deleier Addition Lots 1 and 2, Block 2, Deleier Addit�on Lots 3 and 4, Block 2, Deleier Addition FU�dD Reg SA W #�34 (6dh1) S #24 (SM) W #34 (4,�L) SS #24 (SS) SW #48 (SL) SLJ #48 (l�L) SS #84 SS #88 St 1968-3 St 1970-1 Reg SA W #34 (W��1 & WL) S #24 (SM) SS #24 S6J ;�48 ( SL ) SS #84 St 1970-1 Reg SA W #34 (WM) S #24 (SM) SS #24 SS #84 Reg SA W #34 (l��M) S #24 (SM) SS #24 SS #84 SS #88 Reg SA W #34 (WP�1) S #24 (SM) SS #24 S6J #48 (W&S L) SS #88 St 1968-3 ORIGINAL AMOUNT Pai d Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Pai d Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid � ADOPTED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS DAY OF ]977. � � ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - t+IILLIAM J. NEE 22 22 A MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARIIIN C. BRUNSELL, ASST. CITY MGR/FIN. DIR. Sl1BJECT: RESOLUTION SPLITTING SPECIAL RSSESSMENTS AND APPORTIOfJIPJG INTO DELEIER ADDITION DATE: MAY 3, 1977 The City Council has previously approved the plat of Deieier Addition and th�� plat has been recorded ��t Anoka County. We are now r�questing that the special assessments be split for the new plat. P1CB/eh e � � 23 MEf�fO T0: NASIM QURESHI, CITY MANAGER, A�dD CITY COUNCIL FROM; f�IARVIPd C. BRUNSELL, ASST. CITY t�fGR/FIW. DIR. SUBJECT: RESOLUiIONS SPLITTING SPECIAL ASSESSMEtJTS OfV PARCEL 3000, SECiION 2 At�D PARCEL 1800, SECTION 3 DRTE: MAY 3, 1977 The attached parcels are over 2.5 acres in size each, therefore � they can legally be split without platting or a lot split. This split has been recorded at Anoka County. � We are now requesting that th� special assessments be split for the new parcels. � MCi�/eh � � � ,� � � RESOLUTION N0. 197,7 A RESOLUTION AUTH�JRIZING AND DTRECTING TIiE SPLITTING GF SPECIAL ASSESSf�ENTS Ot� PAZCEL 1800, SECTION 3, AND APPORTIONI�dG INTO PARCELS 1800 AND 1900, SFCTION 3. WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NO'vJ, THEREFORE, BE IT RESOLVED as fo11 ovds : That the assessments levied against the following described parcels, to-wit: Parcel 1$00, Section 3, may and shall be apportian�d and divided as follows: ORIGINAL PARCEL Parcel 1800, Section 3 NEW PARCELS APPROVED Parcel 1&00, Section 3 Parcel 1900, Section 3 FUND Reg SA W �; 34 1964 SC SW #102 St�1 #102 SS #102 St T973-1 St 1973-2 Reassmt #102 Reg SA t•� #34 S4J #1 Q2 SW #102 SS r 102 St i973-1 St 1973-2 Reassmt �102 Reg SA W #34 ] 964 SC S6�J #� 02 Sld #102 SS #� 02 St 1973-2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: � CITY CLERK - P�arvin C. Brunsell �� 1977. ORIGIPJAL AP�OUt•�T Paid Paid $ 6,1$7.75 37,518.39 50,000.76 14,651.77 1,183.00 1Q,775.95 11,04Z.39 �1,360.01 Paid Paid $ 3],349.31 42,095043 1 C�, 796. 39 1 , i 83. 00 7,381.95 11,042.39 Paid Paid 6,187.75 6,]69.08 7,905.33 3,855.38 3,394.00 $131,360.Oi t�AYOR - WILLIAM J. NEE 23 A � RESOLUTIOfJ td0. 1977 �4 � A RESOLUTION AUTHORIZIfdG A��D DIRECTING THE SPLITTING OF SPFCIAL ASSESSMEPJTS ON PARCEL 3000, SkC7I0P� 2, AND APPORTIOt�ING INTO PARCELS 3300 AND 3400, SECTIOf� 2. WHEREAS, certain special assessments have been levied with respect to certain iand and said iand has subsequently been subdivided. NOW, TNEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described�parcels, to-wit: Parcel 3000, Section 2, may and shall be apportioned and divided as follows: ORIGIiVAL PARCEL FUIJD ORIGIPJAL AP�OUNT Parcel 3000, Section 2 Reg SA Paid W #34 1964 SC SW �102 SS #102 St 1973-2 NEbd PARCELS APPROVED Parcel 30U0, Section 2 Parcel 3300, Section 2 Parcel 3400, Section 2 Reg SA W #34 i964 SC StJ �€102 SS #102 St 1973-2 Reg SA W #34 Reg SA W #34 SS #102 St 1973-2 ADOPTED BY THE CITY COlJNCIL OF 7NE CITY OF FRIDl.EY THIS ■ OF � ' � � � ATTEST: 1977. CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. ��EE $10,187.36 5,907.55 16,281.00 14,259.30 20,970.41 67,605.62 Paid $ 6,621.78 5,907.55 16,281.00 i0,325.70 20,236.01 Pai.d 1,670.73 Paid 1,894.85 3,933.60 734.40 67,605.62 DAY e I � _ _ � � 0 APPOINTMENT FOR CITY COUNCIL CONSENT AND APPROVAL - MAY 16, 1977 II� � ' NAME ' Anthony J. Mack 5121 Hughes Avenue ' i Fridley, Minn. 55421 � � � � � � � � � � � � � � POSITION Operations Maintenance Person, Street, Public Works Division SALARY $1Q88 Month EFFECTIVE DATE May 16, 1977 25 REPLACES Dennis Rambow � 26 h�Ul.TIPLE D4JELLIPdG l.ICENSES TO BE APPROVED: Period September 1, 1976 to September 1, 1977 04lNER ADDRESS UNITS FEE APPROVEO BY: Curtis 8. Sorum 5900 - 3r� St. NE 4 $ 5.00 R.D. Aldrich, 5900 - 3ra St. P1E Fire Prev. Fri dl ey, h1Pd 55432 F. Duane Huie & Bryan Kingsriter 4031 Bethel Drive 5428 - 5th St. NE 4 13,75 R.D. Aldrich, St. Pau1, h1Pd 5511 � Fi re Prev. James H. Cross 140 Mississippi P1. NE 4 6,25 R.D. Aldrich, 627] J�ckson St. ��E Fire Prev. Fri d 1 ey, h3Pd 55432 0 0 � LICFNSLS TO n� APPROVED BY TIiE CITY COUNCIL AT,TH�IR REGUL�IR tdEETTNG �� ry rJN M11Y�_ 16, 1977 � BLACY.TOPPIIdG APPROV�D BY Fairfax Asphalt Inc. 1 6699 I�sJzton Avenue N.E. Darrel Clark Fridley, Mn. 55432 By: John A. Pfaff Com. Dev. Adm. � EXCAVATIiVG Husnik Sewer Service II 281 West Cottage Road Darrel Clark I� New Brighton, D4n. 55112 By: Frank Husnik Com. Dev. Adm. �� GEPdERAL CONTRACTOR � II � Buzzell Builders 5741 Polk Street N.E. Darrel Clark Fridley, i�in. 55432 By: Charles Buzzell Jr. Com. Dev. Adm. I � � T. I�I. Campion Company � 2139 Lowry Avenue North Darre� Clark �� Minneapolis, NIn. 55411 By: Ivir. Campion Com. Dev. Adm. DaVerne Corporation � 1393 - I6th Avenue N.t�l. barrel Clark New Brighton, Mn. 55112 By: David E. Ficek Com. Uev. Ac�n. � Gar Jac Inc. 681 North Highway #65 Darrel Clark Car.ibridge, P�in. 55008 By: Gary D'Aigle Com. Dev. Adm. ' L. G�zdnun�en Construction Inc. 1054 93rd Avenue N.L�7. . Darrel Clark Coon Rapids, Mn. 55433 By: Larry Gudmunsen Com. bev. Adm. � Korman's Constructi�on 707 Columbia Boulevard Darrel Clark � Minneapolis, Mn. 55418 By; Henry P. Korman Com. I'x=.v. Adm. Martinson Builders � 8131 - 6th Street N.E. Darrel Clark Minneapolis, Mn. 55432 By: Luther P�iartinson Com. Dev. Adm. Olympic Investments Inc. , 7400 - 42nd Avenue North Darrel Clark L1ew Hope, Mn. 55427 By: Jerry Harrington Com. Dev. Adm. � Viking I�ome Improvement Co . 4£332 - 2'� Street N.E. Darrel Clark Fridley, Mn. 55421 By: Lloyd Merrell Com. Dev. Adm. � � . � Licenses ror Council � M1�SONRY , David �. Construction 2042 - 102 Avenue N.�V. Coon Ra��ids, A4n, 55433 By: David E. Olson Leo 0. Sanders Contracting Co. 7813 Jackson Street N.E. Spring Lake Park, Mn. 55432 By: Leo O. Sa.nders Vidco, Inc. 7204 West 27th Street, Suite #209 P�inneapolis, Mn. 55426 By: Karl David Page 2 Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. • : � I,ICCNSES TO BE AI'PROVED BY TI[E CITY CdU�VCIL A`C Tf1EIR RIiGULAR htEETI�'G �N MIIY 16, 1�J77. iType of License: �; A�proved [3y: ' 26 C � Beer.- On Sale Oriental rtouse Restaurant Irene L.Y. Song James P. fiill $200.00 5865 University Ave. N.E. Public Safety Director � Fridley, Mn. 55432 I � i � Cigarette � ' Assurance Manufacturing Acorn Vending James P. Hill $12.00 '� 7753 Beech St. Donald Reznking Public Safety Direc'tor l�ridley, Mn. 55432 '' �Big Wheel Auto Store Acorn Vending James P. Hill $12.00 7451 E. River Raad Donald Reinking Public Safety Director Fridley, Mn. 55432 � Cub Foods John W. Hooley James P. Hill $12.00 240 Osborne Rd. Public Safety Director ' Fridley, Mn. 55432 Holly Center Standard Viking Pioneer James P, Hill $12.00 6490 University Ave. N.E. D. H. Buckman Public Safety Director � Fridley, Mn. 55432 Q Petroleum Corporation John L. Olson James P. Hill $12.00 '6101 University Ave. N.E. Public Safety Director Fridley, hin. 55432 � Food Establishment Cub Foods John W. Hooley Steve Olson ^�25.00 ,240 Osborne Rd. Health Inspector Fridley, hin. 55432 ,Q Petroleum Corgoration John L. Olson Steve Olson �25.OD 6101 University Ave. N.E. Health Inspector Fridley, A4n. 55432 ' Employee Li uor Dis ensin . r � �Fatricia A. Gaines Sandee's Inc. James P. Hi12 $5.00 2075 103rd Ave. N.E. Public Safety Director Coon Rapids, hin. 55433 . , Denise G. Goodwin Ground Round James P. Hill 5.00 803Q Central Ave. N.E. Public Safety Director � 'apt. 202 hlpls. , Mn. 55432 � � _� I,ZCF.NSF:S '('0 13f: RPI'ROVCiD I3Y THE CI'1'Y COUNCII, AT' 1'fllifli R1:GULAtt hiE:F•�fING ON M/1Y 26, 1977. ��e of I,icense: By: AA�rov.ed E3y: 26 D Service Station Sinc2air I�farketing Inc. R. Fi. Johnson Darrel Clark y�60.00 6290 Highway b5 N.E. Bldg. Inspector Fridley, bin. 55432 Robert D. Aldrich White Knight Car Wash Kenneth L. Durbin 7300 University Ave. N.E. , Fridley, Mn. 55432. Temporary Food Establishment Suzettes Baton Twirling Corp. Marsha Falk Bake Sale 917 Osborne Rd. �'irst State Bank of Fridley Spring Lake Park, Mn. �ridley, A4n. 55432 Bake Sale being held May 13, 1977. Vending Machine Assurance Manufacturing Acorn Vending 7753 Beech St. Donald Reinking Pridley, Mn. 55432 Baker Rhodes Warehouse Sale Corp. 6235 Highway 65 N.E. Donna Price Fridley, Mn. 55432 Judy Karnowski Barb �, Barb Hair Fashions Donald Reinking 7649 Central Ave. N.E, Acorn Vending Fridley, Ntn. 55432 Big Wheel Auto Store Acorn Vending 7451 E. River Road Donald Reinking Fridley, A9n. 55432 , Cub Foods John W. Hooley 240 Osborne Rd. Fridley, h1n. 55432 Form Products Co. Griswold Coffe Co 7521 Commerce Ln. N.E. Fridley, Mn. 55432 Fridlcy Golf Driving Range Roger Df. Jones 8100 University Ave. N.E. Fridley, �in. 55432 �►'hite Knight Car 14ash Kenneth L. Durbin 7300 University Ave. N.E. Fridley, i�1n. 55432 _z_ Fire Inspector Darrel Clark Bldg. Inspector Robert D, Aldrich Fire Tnspector Steve Olson Health Tnspector Steve Olson Health Tnspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson � Health Inspector Steve Olson ttea2th Inspector Steve Olson Health Inspector $60.00 asking fee waived � $15.00 $15.00 $25.Q0 $15.00 $�30. 00 $15.00 $15.00 $15. 00 '��c of I,icense: E;ntertainment George Ts In Fridley 372Q E. River Road Fridley, b�1n. 55432 Knights of Columbus 683I Highway 65 N.E. Fridley, Mn. 55432 Shaddrick � LaBeau American Legion Post 303 7365 Central Ave. N.E. Fridley, Mn. 55432 Shorewood Inn 6161 Highway 6S N.E. Fridley, Mn� 55432 �� George Nicklow Arnold W. Keller William Kinkel William A. NickZow Golf Driving Range Fridley Golf Driving Range Roger Jones 8100 University Ave. N.E. Fridley, Mn. 55432 Public Dxinking Fireside Rice Bowl Inc. 1160 Fireside Rice Bowl Fridley, b:n. 55432 Refuse Hauier W F� W Disposal Service 501 84th Ave. N.E. T1pls., Mn. 55432 Service Station Bill's Service 3705 blarshall St. N.F.. Fridley, Mn. 55421 Q I'etrolewn Corp. 6101 University Ave. N.E. firidley, hfi. 55432 Glenn F. Wong James L. F Beverly J. Loken William Svetin John L. Olson _2_ Ap�roved By: James P. fiill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Nill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Steve Olson Health Inspector Darrel Clark Bldg. Insgector RoUert D, Aldrich Fire Inspector Darrel Clark Bldg. Inspector Robert D. Aldrich Fire Inspector 26 E $12.00 $12.00 $12.00 $12.00 $25. 00 $300.00 $30.00 $60.OD $60.00 J 0 ESTIMATES FOR CITY COUNCIL CONSIDERATION - MAY 16, 1977 Smith, Juster, Feik�ma Suite 1�50 Builders Exchange Building Minneapolis, P�innesota 55402 For lega� services rendered as Prosecutor for the month of April, 1977 t�Jeaver, Tal l e& H�rri ck 316 East P1a-i n Street Anoka, Minnesota 55303 For legal serv�ces rendered as City Attorney by Virgil Herrick for April, 1977 . $ 7,620.00 $ 1,628.45 C-S.] � 28 A �� 1 � TIh1E P.ECORD FOR APP,IL, 1977 PP,OSECUTIO�� UlORK 1. Preparation, Travel and Time in Court for 1 Jury Trial, 25 Court Trials, 4 Jur�� Trial Appearances for Pleas, 1 Rasmussen Hearing and 1 Court Appearance for Formal Complaint. 29 hours 15 minutes 2. Investigation and Process of Complaints , including office conferences, nhone con- ferences, corresnonce and preparation of 14 Formal Complaints. 7 hours 45 minutes , 3. Court and Police Adr�inistration. 1 hour ' TOTAL 38 hours -- l ry � / '+� .%.�'_ i �_T�\ � �-1 DATE � • • e BALANCE FORWARDED FROM LAST STATEMEN7 5-05e77 For legal services rendered as Prosecutor for the City of Fridley during April, 1977. April, 1977 Retain�r. $1,300.00 $1,300.00 Time in excess of 30 hours (8 hours) 320.00 1,620.00 $1,620.00 1 declare under penalties of i�v1 th�t thl9 accou , t�aim or c(Lm�nd i�_ j��wt nnd car� rect d th o�' t�f it h�s �� i�nat e af la�mant SMI7H. JUSTER, FEIKEMA, CHARTEREO ATTORNEYS AT LAW ,- ay��.. ,s. .w 1 GHARIES R. Y/EhVER HE�iMAN L,TA�LE VIRG�� C. HEF+�YICK R06ERT MUN��S WILLIAM K.r,'p:JDi2fCN THOMqS A. �EC:fJE JEf Ff�EV i�, cai!,'r,Efv DOUGLAS E. KuNT CITY OF FRIDLEY April Retainer LAW OFPICES WEAVER, TALLE � HERRICK May l2, 1977 716 EAST MAIN STREET ANOKA,M�NNESOTA 55303 421-5413 6279 UNIVERSITY AVENUE N.E• FR�DLEY, MINNESOTA 55432 571-3850 FIRST M10 RMERICF STATE BANN BUILC�H� COON RAPIDS, MINN. 55433 755-1330 $1,300.00 CoLmcil Meetings IO-3/4 hours Staff Meetings 3 hours Conferences with Staff 6 hours Memos and Lega1 Research 8 hours Ordinance Preparation 3 hours Citizens Inauiries 2 ho�s 32-%3 4�urs Hours in excess of 30 @$�O.QO per hour 110.00 District Court-Barker vs. M�, I and the City of Fridley; Preparation of Answer and Lega1 Memorandtun: 200.00 EXPENSES ADVANCED Clerk of District Court re William Erickson: 18.00 Photocopies: ,�5 TOTAL. . . . . . . . . . 1, 28.45 r ; �