11/07/1977 - 5620PETER FLEMING
ADMiNISTRATIVE ASSISTANT
REGULAR COUNCIL MEETING
NOVEMBER 7, 1977
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THE MINUiES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL �F NOVEMBER 7, 1977
The Regular Meeting of the Fridley City Council of November 7, 1977 was called to order
at 7:43 p.m. by Mayor Nee.
PLED6E OF ALLEGIANCE:
Mdyor Nee led the Council and audience in the Pledge of AllegSance to the Flag.
ROLL CALL
MEMBERS PRESENT: Councilwoman Kukowski, Counciiman Schneider, Mayor Nee,
Councilman Hamernik, and Councilman Fitzpatrick ' �
MEMBERS ABSENT: None
PROCLAMATION: �
Mayor Nee called attention to the proclamation issued proclaiming the week of November
13-19, 1977 as American Education Week.
APPROVAL OF MINUTES - REf,ULAR MEETINf, OF OCTOBER 24 1977: .�
M�TION by Councilwoman Kukowski to aoprove the minutes of October 24, 1977 as presented.
Seconded by Councilman Hamernik. Upon a voice vote> all aoting aye, Mayor Nee declared
the motion carried unanimously.
ADOPTION OF AGENDA:
r. ures , i y anager, requested that a representative from the State Crime Control
Plan�ing Board be abte to present slides regarding the crime watch in Minneapolis and
hear recomnendations for perhaps a similar program in Fridley.
MO7ION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
OPEN FORIRt, VISITORS:
Mr. Ed W91mes, representing the Islands of Peace�FOUndation, stated�, through the efforts
of �ny people a lot of positive action has been taken in developing the Islands of Peace
facilities. .
Mr. Wilmes stated that Mr. Cliff Miller, the Executive Director for the Council for the
Handicapped, will visit the Islands of Peace this Wednesday morning and urged the members
of Council to come out at this time to see the progress being made. Mr. Wilmes stated he
knows the City has an obligation to see how the $150,000 grant is spent, but�felt it was
also the responsibility of the Foundation to make sure the funds are used for the purpose
intended. � He stated, hopefully, the matching funds can be provided through in-kind labor.
He indicated because they don't have the matching $50,000 now doesn't mean they will not
rafse it.� Mr. Wilmes indicated he wished to make the Council aware of the pflysicat efforts
by the Foundation. �
Mr. Wilmes thanked CounciTwoman Kukowski for her part in working with the Islands of
Peace Foundation.
STREET ACCESS - TODD BLAIR AND TIMOTHY MUNN(RE• 7181 EAST RIVER ROAD):
Mr. Tadd Blair, 248 105th Street N.E., Blaine, and Mr. Timothy Munn, 4722 42nd Avenue
N., Minneapotis, appeared before the Council regarding a street access to tots which
they own in the City of Fridley.
Mayor Nee explained there is an established procedure to follow for this item to be
considered by�Council and the gentlemen were directed to contact Mr. Sobiech of the
City staff regarding their propasal.
NEiI BUSINESS:
MOTION�6y Councilman Hamernik to�waive the reading and approve the ordinance upon first
reading. Seconded by Councilwoman Kukowski.
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REGULAR MEETIfEG OF NOVEMBER 7, 1977
PAGE 3
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MOTION by Councilman Hamernik to eliininate Subsection I, Porta-Panels, under Section
214.032 and put this Section I into 27h.OS4 as Subsection D; into 214.045 as Subsection
G; into 214.046 as Subsection F; and into 214.047 as Subsection D. Seconded by
Councilwoman Kukowski. Upon a roll call vote, Counc'ilman Hamernik, Councilwoinan Kukowski,
Councilman Fitzpa±rick, and Councilman Schneider voted in favor. Mayor Mee abstained.
Mayor Nee declared the motion carried by a fcur to zero vote.
MOTIOfd by Councilinan Schneider to amend Section 214.033, Subsection B, Item 2 by adding
the words "south of 69A" after East River Road and changing University Avenue to
"T.H. 47" and Central Avenue to T.H. 65." Setonded by Councilman Hamernik. Upon a roll
call vote,� Councilman Schneider, Councilman Namernik, Councilwoman Kukowski, and Councilman
Fitzpatrick voted in favor. Mayor Nee abstained. Mayor fJee declared the motion carried
by a four to zero vote.
MDTION by Councilman Hamernik to remove all of Subsection B, under Section 274.033 and
place it under Section 214.046 as Subsection G and under Section 214.047 as Subsection E
and remove the wo�•ds "but only after securing a special use permit." Seconded by
Councilwoman Kukowski. .
Councilman Hamernik felt, with this ordinance, they have control over billboards and �
felt it wasn't necessary for the special use permit, which would require a lot of
administrative time.
Councilman Fitzpatrick indicated he agreed with Councilman Hamernik's comments, but was
wondering if they really want to exempt billboards from a process required for other
items.
Councilman Hamernik felt the City does not have the detailed ordinance for other items,
which require a special use permit, as they do for the control of billboards. .
, Councilman Schneider felt this ordinance has received a lot of review from Commissions
and other organizations and to change it further is contrary to t!�:- input received. �
� Mr. Herrick, City Attorney, indicated he felt it is difficult te ,��!s;ualize all situations;
however, if the applicant met all the requirements of the ordinance, the City would have
a difficult time to deny a special use permit.
Ms. Nancy Jorgenson, representing�Naegle Signs, indicated the main reason they do not
like the requirement for the special use permit is because�of the expense of the permit
and the time involved in obtaining the permit which she felt was a hindrance. �.
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE P10TION, Councilman Hamernik, Councilman Fitzpatrick, '
. and Councilwoman Kukowski voted in favor. Councilman Schneider voted against the motion ��
and Mayor Nee abstained. Mayor Nee declared the motion carried by a vote of three to one. �'
MOTION by Councilman Fitzpatrick to amend Section 274.033, Subsection B, Item 6 as
follows: "Proximity to Uses Permitted in Residential Areas: Not ctoser than five
hundred (500) feet to any residential district or park or playground." Seconded by
Councilman Schneider. . �
Councilman Hamernik indicated he would like to see the reference to the visual barriers
kept in the ordinance as he felt there are some areas where this would apply.
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman
Schneider, Councilwoman Kukowski, and Councilman Hamernik voted in favor. Playor Nee
abstained. Mayor Nee declared the motion carried by a four to zero vote. �
Councilman Hamernik questioned if the City Attorney was satisfied with Section 214.06,
Subsection C, to which Mr. Herrick indicated�this section was. satisfactory with him.
Councilman Schneider requested clarification of the sentence structure under Section
214.06, Su6section E, Appeals. The City Attorney stated this would be done for the �
second reading of the ordinance. �
Councilman Fitzpatrick indicated it was a pleasure working with the Naegle representatives
on this ordinance. Ne felt the Council has adopted an ordinance that was relatively
generous with the advertising industry.
Ms. Nancy Jorgenson questioned the interpretation of Section 214.033, Su6section B,
Item 5 regarding the distances from intersections. �
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� REGULAR MEETING OF NOVEPI6ER 7, 1477 � PAGE� 5
� Mr. Sobiech stated the original buildiny nerr.iit indicates�the spec9al use permit
is only good for the automatic car wash. �fherefore, if the variance is aporoved,
it would also be necessary Por a.special use permit for the operation of the 9as
station.
Mr. Qureshi, City h1anaqer, stated, when the property to the south develops, it
is anticipated this would be one of the major intersections. Ne indicated when the
oriyinal deve7opment was proposed, the requirement was that an additional lane be
' put in to the north to handle the traffic and that access be only from the se��vice
road.
Mr. Herrick, City Attorney, indicated Mr. Sobiech's point was well-taken that the
special use permit exists for the car wash, and if the applicant now wants to
esta6lish a gas station, a new permit wouid be required.
Mr. Qureshi suggested the staff work with the ovrner of the property regarding a
traffic pattern at this location that may require only one entrance off of 73rd and
provide some type of wider access off of T.H. �47, He felt they should have a whole
pitture on what the total use of the property would be and to work with the owner on ��
a more acceptable traffic pattern. . _._�_
Councilman Hamernik indicated�he has a problem with allowing the curb cuts in that
.area. Mayor Nee indicated he shared Councilman Hamernik's concerns and hoped another
alternative could be worked out.
Mr. Coddin stated he was willing to work with the City in this matter.
MOTION by Counci7man Hamernik to table this item until staff is ready to bring it
back before Council. Seconded by Councilwoman Kukovrski. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously. -
EQUITY CONSTRUCTION COMPANY, 951 HILLWIN7 ROFlO N.E.:
Mr. Sobiech, Pu61ic blorks Director, stated this is a request by Real Estate 10 to
increase the maximum height allowed on an identification sign on Hilltaind Road from
b�feet to 20�feet above grade. He stated the Appeals Comnission heard the request
and reco�nended the maximum height be increased from 6 feet to 17 feet. He explained
this area is surrounded by residential property and this was the basis of the discussion
on whether the extra height vrould be allowed.
Councilman Fitzpatrick pointed out, when construction began on this building, it fit
well into the residential area and felt now an attempt was being made to appeal to
tbe I-694 traffic. �
Councilman Schneider indicated he had�somewhat of a problem with this request in view
of the fact the Council has just considered a sign ordinance.
Mr. Dick Walsh, representing Real Estate 10, indicated there was a mistake on the
location of the sign, and there is only one location on the property suitable for
the sign which would 6e west of the building.
Mr. Walsh stated the variance is requested from the 6 foot height in order to get the
sign above ground. He indicated the purpose is to have an illuminated sign to identify
the building and i.ndicated they do not wish to put up anything that would detract from
this structure.
Councilman Schneider indicated his primary concern is surrounding residential properties.
Mr. Walsh indicated they would like to get the sign out of the ground to a height
accepWbie to the Council.
�' Mayor Nee asked Mr. Walsh if he would 6e willing to work with Councilman Schneider
��. regarding the positioning of the sign. Mr. Walsh inditated this would be satisfactory
� with him and he could meet with Councilman Schneider at any time.
!� MOTION by Councilman Schneider to table this item to the next meeting on November 14,
1977. Seconded by Councilwoman Kukowski. �Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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REGULAR MEETING OF NOUEMBER 7, 1977
PAGE 7
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Mr. Hill stated a considerable amount of researcn has 6een done in the areas of burglary
and vandalism and aralysis reports�were rNCently submitted to the Council, with the
suggestion of a prevention� proqram. He rnquested the sanction of the Council to proceed
along this�line to develop this committee to look at these�issues. Mr. Hill stated,
if the Council feels there is a need for firiancin9, there is a new Federai program out
which specifica7lyaddresses these types of programs, fle stated f�unds are available
to "service-type" organizations, but not the City. He en:phasized the City should not
put any money into it directly, but the citizens and organizations shoul�d be the impetus
of this program.
Mr. Qureshi, City hianager, stated the reason for the presentation was �to expose the
Council to the ��iork the City staff has done in this area. He hoped, if the Council
wished to proceed with such a pro9ram, the City would merely act as a catalyst in
making these programs happen.
Mr. Hill stated two memos were prepared and �.aill be submitted to Council for further
review which cover a summary of vandalism and a comnunity crime prevention and an�
approach for Fridley. �
Councilwoman Kukowski questioned why there would not be a Council representative on
such a committee. Mr. Hill explained this is part of the recori¢nendation and had
just been overlooked i� his comments.
Mr. qureshi thanked the representative of the State Crime Control Planning Board and
Mr. Hill for their presentation.
RECESS:
Recess was called by Mayor Nee at 10:47 p.m.
RECONVENE0.: � .
The meeting tvas reconvened at 11:02 p.m. by M1layor Nee. All Councilmembers were present.
CONSIDER4TION OF CITY PlIRTICIPATION IP! "W'.LD S�! fP,T01_FY" BROCHURE:
Mr. Qureshi, City Manager, referred to the memo of November 1, 1977 regarding this
item and�stated, other than the options given in the memo, a different approach could
6e used by issuing a quarterly newsletter and no calendar. �
Mayor Nee felt the question of the calendar should be resolved separately. The consensus
of the Council was to issue a calendar for the coming year.
Councilman Schneider felt possibly the Council could review in June or July whether
they wished to issue a calendar for 1979, but felt they should proceed with the
1978 calendar.
Mayor Nee felt the question before the Council was whether they wished to participate
in the "Wild in Fridley" brochure. �
Mr. Mark Haggerty, President of the Chamber of Commerce, stated they are looking to
hopefully make this an annual type brochure to tie together the community at large
in business,�cultural and educational endeavors and interest in developing Fridley's
natura7 resources. He stated, on that basis, he uiould ask that the City allocate
the funds of approximately 52,800 for participation in the brochure.
Mayor Nee stated he felt community promotion was a valid reason for this expenditure.
Mr. Qureshi, City Manager, stated, in the past, the City has participated with groups
in similar endeavors; hoo�ever, he would feel more comfortable if this had been done by
the Chamber of Comnerce. �
Mr. Herrick, City Attorney, indicated he felt there wasn't any problem as long as the
Council felt there was a public good to come from the brochure.
� i MOTION by Councilman Schneider to suuport the "Wild in Fridley" brochure to the extent
: of $2,855 for postage and a half page ad with provision that the City's ad escrow
�, agent is Mr. Larry Dobson, as outlined in the City Manager's meno dated November 1,
',. 1977. The reason for supporting this is that it is good for the general image of
i fridley, promotes economic growth and commerce in the City, and, in general, works
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towards the goal of a better comnunity identity. Seconded by Councilwoman Kukowski.
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REGULAR MEETING OF NOVEMBER 7, 1977
PAGE 9
RECEIVING CHARTER COMMISSION MINUTES OF FtAY 24, )977; JULY 26, 7977; AND SEPTEM6ER 20,
7977:
�MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission for
the meetinys of May 24, 1977; July 26, 1977; and September 20, 1977. Seconded by
Councilman Schneider. Upon a voice vote, all wting aye, Mayor Nee declared the motion
carried unanimously.
Mr. Qureshi stateG there are certain instructions in the ininutes for the City Manager
to respond to a letter of July 27, 7977 regarding the proposed ethics ordinance. �
It o�as generally felt by the Council that these items were taken into consideration
when the ordinance was discussed and has since been adopted; therefore, no action
would be required on the City Manager's part.
CONSIDERTION OF h1INNESOTA DEPARTMENT OF TRAPISPORTATIO"J 6IKEWAY/WALKWAY C,RANT APPLICATION:
14r. Sobiech, Public Works �irector, stated the Plinnesota Department of Transportation
has some funds for a bikeway program fer the metropolitan area. He stated they would
be 6ringing an application for the Council's consideration regarding this grant and
the item is subinitted at this time for the Council's information. It was, however, �
the consensus of the Council that the City should proceed with the application.
MOTION by Councilwoman Kukowski to receive the information. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor IJee declared the motion carried
unanimously. .
DISCUSSION REGAR�ING ISLANOS OF PEACE GR!'dJT:
Mr. Qureshi, City Manager, reviewed the alternatives to be considered 6y the City to �
avail themselves of this grant for the Islands of Peace. He explained that (7) a sum
of $50,OOU is either raised by the Islands of peace Foundation through private contribution
or other governmenWl grants, and then application submitted to receive the 5150,000
grant; or (2) the City, based on the comm.itment of the Islands�of Peace Fomidation,
take on the responsibility of saying the City wi17 either commit $50,000 in money or
in-kind services, and then depend on the Islands of Peace Foundation and other organizations�
to come up with the maney, or in-kind services, to fulfill the City's cormiitment. �
MOTION by Councilwoman Kukowski to approve Alternative 2 as outlined in the memo of
November 4, 197J from the City Manager. Seconded by Councilman Fitzpatrick. Upon a�
voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously.
APPROVAL OF REVISION TO NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION AGREEhiFNT TO
INCLUDE ROGERS, PIINNESOTA.
MOTION by Councilman Hamernik to approve the revision to the agreement and authorize
the Mayor and City Manager to sign same. Seconded by Councilman Schneider. Upon a.
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
- AUTHORIZING ACOUISI
�, MOTION by Councitman Hamernik to adopt Resolution No. 119-1977. Seconded by Councilwoman
, Kukowski. �Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
. .. unanimously.
.�� RECEIVING RESIGNATION OF GRAC[ LYNCH FROt4 HUMAN RESOURCES COFIMISSION:
'� � MOTION by Councilwoman Kukowski to receive the resignation of Grace Lynch. Seconded by
� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared� the motion
carried unanimously.
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FRIDLEY CITY COUNCIL
REGULAR f9EETI���G - ��OVEP1BER 7, 1977 � 7;30 P, M,
PLEDGE OF ALLEGIANCE:
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ROLL CALL:
A71 Present
PROCLAMATIO�� ;
AMERICAN EDUCATION �'iEEK, l�OVEMBER 1� — I9, 1977
TY MANA6 ACTION NEEDED: forward to Fridley Schools
APPROVAL OF MINUTES;
REGULAR MEETING, OCTOBER Z4, 1977
Minutes approved
���?PTIOPd OF AGE�;DA:
Added: Slide Presentation on Crime
QPEN FORUP�, VISITORS:
�CONSIDERATION OF ITEMS NOT ON AGENDA — IS MINUTES)
Ed Wilmes
REGULAR COUNCIL P'�EETING, P�OVEMBER %, 1977
PaEW BUS I NESS ;
PAGE Z
CONSIDERATION OF FIRST READING OF AN ORDINANCE
ADOPTING CHAPTER 214 ENTITLED SIGNS, AND REPEALING •
PRIOR CHAPTER 214 ENTITLED SIGNS AND BILLBOARDS, ,:�, ,,, 1— j L
Adopted on First Reading with amendments
NG ACTION NEEDED: Incorporate amendments and bring back for second reading
CONSIDERATION OF FIRST READING OF AN ORDINANCE
AMENDING CHAPTER Zll OF THE FRIDLEY CITY CODE
ENTITLED PLATTING; SECTION ZII�ISZ; RECORDING, ,,,,,, 2
Adopted on First Reading
ACTION NEEDED: Bring back at next regular meeting for second reading
CONSIDERATION OF CITY PARTTCIPATION IN "WILD IN
FRIDLEY'� BROCHURE� , , , , , , , , , , , , , , , , , , , , , 3 — 3 A
Council approved to support brochure with $2,855 for postage and ad.
Offer is open until March 1, 1978.
ACTION NEEDED: Get escrow account started and the project should be
completed by the end of February
ACTION NEEDED: Review the copy and set out the delivery arrangements.
NEERI
L P�EETING
NEW BUSINESS (CoNTtNUeD)
��OVEMBER �, 1977
CONSIDERATION OF PLANNING COMMISSION MEETING
OF OCTOBER I9, I9%%. � , � � , , , , , , , ,
1. Appeals Commission Meeting of October 11, 1977:
A. M&I Supply Co., 6005 University Ave. N.E. .,
Appeals Comm. Recommendation: Approve with
stipulations
Council Action Required: Consideration of
recommendation
Approved with stipulation
ACTION NEEDED: Inform app7icant of Council action
PAGE
MINUTES
, . , ,. , . ,�4 - 4 Wl�
. 4-4C
& 4T-4U
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B. Metropolitan Investment Fund, Inc., 7300
University Avenue N. E. . . . . . . . . . 4C - 4H
Appeals Corr�n. Recommendation: Approve with & 4V
stipulation
Council Action Required: Consideration of
recommendation
Tabled until staff is ready to bring it back
ACTION NEEDED: Bring back to Council for consideration at a later date.
C. Equity Construction Co., 951 Hillwind Rd. N.E.
Appea1s Comm. Recommendation: Approve to
maximum height of 17' above grade.
NOTE: Amended in Minutes of Oct. 25, 1977
Council Action Required: Consideration of
request
Tabled to November 14, 1977
ACTION NEEDED: Put on agenda of November 14, 1977
2. Special Use Permit SP #77-13, Inter City Builders;
609 Cheryl Street N.E. , . , , , ,
Planning Comm. Recommendation: Approve �
Council Action Required: Consideration of
recommendation
Approved '
ACTION NEEDED: Inform applicant of Louncil action
4M - 4R
& 4W-4Z
4AA - 4CC
& 4QQ-4TT
E
P�E4�d BUSIPJESS (CoNTiNUED)
�PLANNING COMMISSION P�1NUTES CONTINUED)
3. Lot Split L.S. #77-12, Thure Erickson, 7515 & 7501
Alden Way N. E. . . . . . . . . . . . . . . 4JJ
Planning Comm. Recommendation: Approve & 4UU
Council Action Required: Consideration of
recommendation
Request approved
ACTION NEEDED: Inform applicant of Council action
4. Lot Split L.S. #77-13, DaVerne Corp., 5468 &
5498 West Danube Road. . . . . . . . 4JJ - 4KK
Planning Comm. Recommendation: Approve & 4VV-4WW
Council Action Required: Consideration of
recommendation
Request approved
ACTION NEEDED: Inform applicant of Council action
COUNCIL WATCHED SLIDE PRESENTATION: MCRIME"
RECEIVING.�HARTER �OMMISSION r�1NUTES OF �AY 24, 1977, .,� 5- 5 A
Minutes Received
ACTION NEEDED: File minutes for future reference
RECEIVIN6 �HARTER �OMMTSSION MINUTES OF Ju�v 26, 1977� ,,, 6— 6 D
Minutes Received
ACTION NEEDED: File minutes for fut.ure reference
RECEIVING CHARTER COMMISSION P�INUTES OF SEPTEMBER ZO,
1977 , , . , „ � , , . , , , . � , , , , , , , , , , , , , 7 - 7 E
Minutes Received
ACTION NEEDED: File minutes for future reference
- RE6ULAR �OUNCIL �'�EETING, �'�OVEMBER �, 1977 Pnce
NEERI
f�I�i
WE6J BUSINESS (CorvriNUEn>
CONSIDERATION OF MINNESOTA DEPAR7M[NT OF TRANSPORATION
BIKEWAY�WALKWAY GRANT APPLICATION, , , , , , . , , , , ,
Received information. Ge�eral consensus by Council was to
proceed with application
NCTION NEEDED: Proceed with grant application
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DISCUSSION REGARDIN6 ISLANDS OF PEACE GRANT. ,���,,. 9- 9 B
Council Approved Choice �2 as outlined in the City
Manager's memo dated November 4, 1977, for the City
to corrmit the money or in-kind services and then
get it back from the Islands of Peace Foundation or
other brganizations.
2 ACTION NEEDED: Proceed as authorized •
APPROVAL OF REVISION TO NORTH SUBURBAN REGIONAL
MUTUAL AID ASSOCIATION AGREEMENT TO INCLUDE
ROGERS, MI NNESOTA � � , , , , , , , , , , , , , , , , , , , 10 - 10 F
Revision to agreement approved
ACTION NEEDED: Have agreement executed and send to appropriate parties
CONSIDERATION OF A RESOLUTION AUTNORIZING ACQUISITION OF
RIGHTS-OF-WAY FOR STREET IMPROVEMENT PROJECT ST, 1975-4
�INTERSECTION IMPROVEMENTS ON TH 4% AT MISSISSIPPI $TREET
AND OSBORNE ROAD) � � , , , , , , , , , , , , , , , , , ,
Resolution #119-1977 adopted
ACTI�N NEEDED: Proceed as authorized
11-11D
i £
PdEW BUSI"lESS (CoNTiNUEn)
RECEIVIN6 RESIGNATION OF GRACE LYNCH FROM HUMAN •
RESOURCES COMMISSION� , � . � , , , , , , , , , , , ',�. �: IZ
Resignation received ,
; ACTION NEEDED: Put appointment sheet on next regular agenda
�LAIMS� . . � � � � � � � . � � � . � � � � � � � . � � � 13
Approved �
ACTION NEEDED: Issue claims as approved. Check on satellites for November
and note the locations of the different satellites we are making payment on.
Give information to City Manager so it can be put in the Council envelopes
for the next meeting.
LICENSES, , , , , , . , , � , , ; , , , , , , , , , , , , 14 - 14 C
Approved
ACTION NEEDED: fIssue licenses as approv?d
ADJOURN: �2;i� A,M,
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FRIDLEY CITY COUNCIL
ftEGUI,AR t1EETI(�d.G -«QVEf18ER 7, 1977 - 7;30 P, M,
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PR�CLAMATIOfJ:
AMERICAN EDUCATION �'�EEK, NOVEMBER 1� - I9, 1�%�
APPROVAL OF MINUTES;
REGULAR �EETIN6, �CTOBER 24, 1977
0
ADOPTIOP� OF AGE�;DA:
�
OPEN FORUf�, VISITORS: !
iCONSIDERATION OF ITEMS NOT ON AGENDA - IS MINUTES)
REGULAR COUNCIL P�EETING, ��OVEMBER �, �9%�
P�EW BUSINESS;
PAGE Z
CONSIDERATION OF FIRST READING OF AN ORDINANCE
ADOPTING CHAPTER Z14 ENTITLED SIGNS, AND REPEALING
PRIOR CHAPTER 214 ENTITLED SIGNS AND BILLBOARDS, ,.,,�, 1- 1 L
CONSIDERATIRN OF FIRST READING OF AN ORDINANCE
AMENDING CHAPTER Z11 OF THE FRIDLEY CITY CODE
ENTITLED PLATTING; SECTION Z11�15Z: RECORDING� .,,,,, Z
CONSIDERATIQN OF CITY PARTTCIPATION IN "WILD IN
FRIDLEY" BROCHURE� � � , , , , , , , , , , , , , , , , , , , 3 - 3 A
ING. ��OVEMBER %, 1977
BUSINESS �CONTINUED)
PAGE 3
�ONSIDERATION OF PLANNING COMMISSION MEETING P�1NUTES
�F OCTOBER I9/ �7/�l � � � � a � I � 1 � � � � � � I I � 1 Y�� 1"IV�
1. Appeals Commission Meeting of October 11, 1977:
A. M&I Supply Co., 6005 University Ave. N,E. ... 4- 4C
Appeals Comm. Recommendation: Approve with & 4T-4U
stipulations
Council Action Required: Consideration of
recommendation
u
B. Metropolitan Investment Fund, Inc., 7300
University Avenue N. E. . . . . . . : . . 4C - 4H
Appeals Cortm. Recommendation: Approve with & 4V
stipulation
Council Action Required: Consideration of
recommendation
C. Equity Construction Co., 951 Hillwind Rd. N.E. . 4M - 4R i
Appeals Comm. Recomnendation: Approve to & 4W-4Z (
maximum height of 17' above grade. �
NOTE: Amended in Minutes of Oct. 25, 1977
Council Action Required: Consideration of
request j
2. Special Use Permit SP #77-13, Inter City Builders;
609 Cheryl Street N.E. . . . . . . . . . . . 4AA - 4CC
Planning Comm. Recommendation: Approve & 4QQ-4TT
Council Action Required: Consideration of
reco�nendation
�NEW BU$INE$$ (CONTINUED)
�PLANNIN6 COMMISSION P�INUTES CONTINUED)
3. Lot Split L.S. #77-12, Thure Erickson, 7515 & 7501
Alden Way N. E. . . . . . . . . . . . . . 4JJ
Planning Comm. Recommendation: Approve & 4UU
Council Action Required: Consideration of
recommendation
4. Lot Sp1it L 5. #77-13, DaVerne Corp., 5468 &
5498 West Danube Road. . . . . . , . . . . . . 4JJ - 4KK
Planning Comm. Recommendation: Approve & 4VV-4WW
Council Action Required: Consideration of
recommendation
RECEIVING. �HARTER COMMISSION ��1NUTES OF MAY Z4, 1977. .,, 5 A
RECEIVIN6 �HARTER COMMISSION MINUTES OF .IULY ZG, 1977� �,, 6 D
RECEIVING CHARTER COMMISSION MINUTES OF SEPTEMBER ZO, '
1977 , , 7 E
,,,,,,,,,,,,,,,,,,,,,,,,,,,,
ILAR C�UNCIL P�EETING, PIOVEMBER �, I.9%%
��EW BUSINESS (CONrINUED)
CONSIDERATION OF MINNESOTA DEPARTMENT OF TRANSPORATION
BIKEWAYIWALKWAY GRANT APPLICATION� � � , � � � , � � � � � H - H C
DISCUSSION REGARDIN6 ISLANDS OF PEACE GRANT� ��,���, 9- 9 B
APPROVAL -0F REVISION TO NORTH SUBURBAN REGIONAL
MUTUAL AID ASSOCIATION AGREEMENT TO INCLUDE
ROGERS, MINNESOTA� , , , , , , , , , , , , , , , , , , , , ].O - IO F
CONSIDERATION OF A RESOLUTION AUTHORIZIN6 ACQUISITION OF '
RIGHTS-OF-j'�AY FOR STREET IMPROVEMENT PROJECT ST, 1975-4
�INTERSECTION IMPROVEMENTS ON TH 4� AT MISSISSIPPI $TREET
AND OSBORNE ROAD) � � � � � , , , , , , , , , , , , , , , ],1 - 11 D
PJEW BUSIPIESS (CONTINUED)
RECEIVING RESIGNATION OF �RACE LYNCH FROM HUMAN
RESOURCES COMMISSION� � � � � , � � � � , , � � � � � � �' IZ
�LAIMS� � � , � � � � � � � � � � . � � , , � � , � � � � 13
�ICENSES� � � , , , , , , , , , , , , , , , , , , , , , , 14 - 14 C
ADJOURN:
,.
; -� �� ��� �
�
�IERICAN EDUCATI�"J !•IEEK
William J. Nee
Mayor
Fridley, MN.
WHEREAS, the schools represent the best efforts of the
comnunity, the state, and the nation to improve the quality of
life; and
WHEREAS, Defining the schools' goals and evaluating their
results are the responsiblities of an informed and involved
citizenry; and
WHEREAS, there is a widespread need for better comm�nication
and more cooperative relationships between professional educators
and the corranunity;
NOW, THEREFORE, I, William J. Nee, Mayor of the City of
Fridley, Piinnesota, do hereby designate November 13 - November 19,
1977 to be AMERICAN EDUCATION WEEK and do urge all citizens to--
Reaffirm their coiranitment to improving education on
a}1 levels, and
Translate that eommitment into action by visiting
locat schools.
IN WITNESS, WHEREOF, I have set my hand and caused the Seal
of the City of Fridley to be affixed this 7th Day of November, 1977.
WILLIAM J. NEE, MAYOR
�U;f �
TNE MIts1TES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCII OF OCTOBER 24, 7977
The Regular Meeting.of the Fridley City Cou�il of October 24, 1977 was called to order
� at 7:37 p.m. by Mayor Nee.
� . PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge af Allegiance to the Flag.
ROLL CALL•
MEHBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee,
Councitman Schneider, and Councilwoman Kukowski
MEMBERS ABSENT: None �
APPROYAL OF MINUTES:
REGULAR MEETING, SEPTEMBER 26, 1977:
Councilman Hamernik requested corrections be made on Page 5, the fifth paragraph
from�the bottom, as follows: Change the word'torrelate" to "relate" and insert
the word "prohibiting" after the word "what." On the 4th 19ne of the paragraph,
change the word "is" to "was" and substitute the word "franchise" for "private."
Councilman Schneider requested the spelling be corrected on the architect's name
on Page 7 which should be "Dunwiddie." Also on Pa9e 7, the third paragraph from
the bottom and the last paragraph, Mr. Foster should be changed to "Mr. Dunwiddie."�
� �. F10TION by Councilvroman Kukowski to approve the minutes of September 26, 1977 as corrected.
' Seconded by�Councilman HamernTk. Upon a voice vote, atl voting aye, Mayor Nee declared
. the rtwtion carried unanimously.
REGULAR MEETING, OCTOBER 3, 79i7:
MOTION 6y Councilman Schneider to approve the minutes of October 3, 7977 as presented.
Seconded by Councitman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
ADOPTION OF AGENDA:
Councilman Hamernik requested an item 6e added: "Receive Petition No. 76-1977 from
Residents on Melody Drive Regarding Installation of a Street Light."
MOTION by Councilwanan Kukowski to adopt the agenda as amended. Seconded by Councilman
Schneider. Upon a wice vote, all voting aye, Mayor Nee declared the motion carried
unanimously. � � �
OPEN FORUM, VISITORS:
There was no response fran the audience under this item of tiusiness.
Ol0 BUSINESS:
OROINANCE N0. 664 - TO AMEND CHAPTER 206, SECTION 206.05 ENTITLED FIRE LIMITS OF THE
C1TY C DE BY ExCEP ING A CERTAIN PARCEL OF LAND FROM THE FIRE LIMI75:
MOTION by Councilman Fitzpatrick to waive the second reading of.Ordinance No. 664 and
adopt it on the second reading and publish. Seconded 6y CounCilwoman Kukowski. Upon a
voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously.
�
�
�
aii
REGULAR MEETING OF OCTOBER 24, 1977 PAGE 3
and the third, which is similar to the second alternative, would be to have subscribers
paying a certain amount for the 911 service. He stated it is clear whatever proposals
are being.considered, property taxes would rrot be used for financing. �
MOTION by Councilvroman �Kukowski to approve the report. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mayor Nee thanked Mr. Scarlett for reviewing the report with the Councit.
� Mr. Qureshi felt the role of the Metropolitan Council in this study, where they acted
�� as a facilitator, was the kind of help local goverrment needed with the decisions
j being made on the local level. He personally thanked Mr. Scarlett far his help.
CONSIDERATION OF CONCEPTUAL APPROUAL OF AUXILIARY BUILDING AT MORTH PARK REQUESTED
iBY FRIDLEY JAYCEES: �. - � �.
• Mr. Ken Sporre, representing the Fridley Jaycees, appeared before the Council regarding '
iapproval of the concept of an auxiliary building at North Park. He requested the �
Councit. approve the cancept for a building at North Park and then the Jaycees would ��
i proceed with a design for bui7ding a temporary facitity for programs currently going on ��
� in the park.
; Mr. Sporre stated this tiuilding would in no way be permanent, but could be used
i ��until monies are available for construction of the energy building. He explained the
i� bala�rce of the CETA funds would be used for construction of this building.
, Councilman Hamernik stated there originally was a proposal for two phases and the
� Council approved only Phase 1 which did not include arry building. He felt before an �
; indication�is given to this concept, the Council should consider whether they want to � .
�.. approve Phase 2. � . �
� Councilman Fitz atrick felt ivin a
1 p g' g. pproval for the Jaycees to research this building
:���. would npt�be committing the Council to all of Phase 2. He felt all the Council is �
', '- being asked is to approve theSr coming back with a plan for the bUilding. If this was � ��
approved at that time, he didn't feet the Council would be cortmittin9 themselves to
atl of Phase 2.
Mr. Sporre indicated this building would not take the ptace of the energy building in
Phase 2. He stated it is hoped they could also put up the observation blinds at the
same time.
Councilman Schneider stated he sees this as an interim building and not necessary
approval�or disapproval of Phase 2. He irdicated he appreciated the proposal made
by the Jaycees.
MOTTON 6y Councilman Schneider to grant approval of the concept of the building proposed
by the Jaycees. Seconded by Councilvroman Kukowski.
Councilman Hamernik stated restroom facilities were part of Phase 1 and questioned
what was bein9 done for these facilities. �� �
Mr. Sporre stated there would be restroom facilities located in the bui7ding.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the
mation carried unanimously. �
.: i Mayor Nee stated he also appreciated what the Jaycees are trying to accomplish.
I
�� CONSIDERATION�OF CLAIM FOR GUITAR BY RONAL� RHINEHART, REPRESENTE� BY TOM KIGIN:
� Mr. Tom Kigin, attorney representing Mr. Ronald Rhinehart, appeared before tha Council
regarding reimbursement for a guitar. Mr. Kigin stated he was at a Council meeting
� last 5pring to make a claim for a 9uitar taken from Mr. Rhinehart which was subsequently
� sold at an auctian. He stated the Council, at�that time, determined the claim was a�
� i correct cla9m and authorized payment to Mr. Rhinehart for the guitar. � ,.
i
` ...----._ ..__._. _..._ ._ . .. .. . __.._. ._... _ . _....... . '
i
I
�13
REGULAR MEETIf� OF OCTOBER 24, 1977 PAGE 5
since there is a waiting list.
Mr, Sobiech stated multiple dwelling owners are being contacted and advised of the
program.
MOTION by Councilwoman Kukowski to approve the contract. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried
unanimously.
115-1977 - APPROVING AND
M�7ION by Councilman Hamernik�to adopt Reso7ution No. 115-1977. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
_nnEND1NG RESOLUTION N0. 1-1977, A RESOLUTION DESIGNATING
Mr. Brunsell, City Clerk, stated this resolution would give the City an additional
option to purchase goverrvnent securities through a brokerage firm.
Mayor Nee questioned the advanta9es of rrorking through a brokerage firm instead of a
bank. Mr. Brunsell stated brokerage firms will contact the City regarding government
issues and the banks do not.
� Councilman Schneider questioned the camiission charges. Mr. Brunselt stated the City
��., will pay the face value on a new issue.
It was the feeling of the Council that perhaps rw particular brokerage firm should be
specifically named in the resolution.
MOTION by Councilman Hamernik to adopt Resolution N0. 116-1977 and amending the last
' paragraph of the resolution to read: "That any brokerage firm may be used....Statutes:"•. .
Seconded by Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared
the motion carried unanimously.
RESOLUTION N0. 717-1977 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS�AND ESTIMATES OF
THE C 5T5 THEREOf: STREET IMPROVEMENT PROJECT ST. 1978-4 DDENDUM #1: .
. Mr. Sobiech, Public Works oirector, stated this covers street improvements from I-694
to 61st Avenue.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 777-1977. Seconded by Council-
woman Kukavski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unani�usly.
178-7977 - RECEIVING TNE PRELIMINARY REPORT ANO CALLING A PUBLIC
MOTION by Councilman Schneider to adopt Resolution No. 118-1977. Seconded by Council-
woman Kukowski. Upon a voice vote,�all voting aye, Mayor Nee declared the rtation
carried unanimously.
r CLAIMS:
IMOTION by�Councilwortnn Kukowski to authorize payment of C]aims No. 277F22 through
292897. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
LICENSES:
MOTtON by Councilman Hamernik to approve the licenses as submitted and as on file in
the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
■
ORDINANCE N0.
AN ORDINANCE AOOPTING CHAPTER 214 ENTITLE� SIGNS, AND REPEALING PRIOR CHAPTER 214
ENTITLED SIGNS AND 6ILL60ARD5
The City Council of the City of Fridley does ordain as foliows:
SECTION 214.01 PURPOSE
The purpose of this chapter is to protect and prortrote the 9eneral wel- PURPOSE
fare, health, safety and order within the City of Fridley through tne -
esta�lishment of a comprehensive and impartial series of standards,
re�ulations and procedures governing the erection, use and/or display of
devices, signs or symbols serving as a visual communicative media to
persons situated within or upon public rights�of way or properties. The
provisions of this chapter are intended to encourage creativity, a reason- �
able degree of freedom of choice, an opportunity for effective co�nmuni-
cation, and a sense of concern for the visual amenities on the part of
those designing, displaying, or otherwise utilizing needed�corrmunicative
media of the types regulated 6y this chapter; while at the same time,
assuring that the public heatth and welfare is not endangered.
SECTION 214.02 DEFINITIOPlS
The following definitions shall apply in the interpretation and appli- DEfINITI0N5
cation of this chapter and the fotlowing words and terms wherever they
occur in this chapter are defined as fotlows:
A. ABANOONED SIGN means a sign which no lon9er correctly directs or
exhorts any person, advertises a bona fide business, lessor, o4rner,
product or activity conducted or product available on the premises where
slich sign is displayed.
B. ACCESSORY USE means a use which is subordinate to the principal
use being made of a parcel of land. '
C. ADVERTISING SIGN �ans a sign which is used td advertise products,
goods or services.
D. ADDRESS SIGN means a sign with identification num6ers on1y, whether
written or in numerical form.
E. ALTERATION refers to any major change to a sign, excluding routine
maintenance, paintin9 or change of copy of an existing sign.
F. AREA IDENTIfICATION SIGN means a sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex,
or a business area.
6. BANNERS AND PENNANTS means attention getting devices of paper, cloth,
or plastic-like consistency and which are of a temporary nature,
H. BE?ICHSIGN means a sign which is affixed to a bench.
I. BILLBOARD means an advertising sign which directs attentian to a
business, comnodi�ty, service, or entertainment,
which is conducted, sold or offered elsevihere than on the
p�ises of which the sign is located.
J. CHANGEABLE COPY SI6N (MANUAL) means a sign whtch copy is changed
manually in a field.
K. CNANGEABLE LOPY SIGN (AUTOMATIL) means a sign such at an electronicaTly
or electrically contralled time,�temperature and date sign me5�age center
or reader board, where different copy changes are shown on the same
lamp bank.
L. CONSTRUCTION SIGN means a stgn placed at a construction site,
tdentifying the project or 'U�e name of the arcfiitect, engineer, contractor,
��
Ordlnance No. -2-
Chapter 214, Signs � F�
ftnancter or otber involved parties.
M. DIRECTIONAL SIGN means a sign erected on public or private property
which bears the address and/or name of a business, institution, church,
or ather use or activity, plus directional arrow forinformation on location.
N. DISTRICT refers to a specific zoning district as defined in the Fridley
ZonSng Ordinance.
0. FLASHING SIGN means an illuminated sign which contains intermittent
lights or exhibits noticeable changes in color or light intensity.
P. FREE STANDING SIGN means a sign which is securely attached to the
ground and not affixed to any part of any other structure.
Q. GOVERNMENTAL SIGN means a sign which is erected by a governmental
unit for the purpose of directing ar guiding traffic or other public
infornwtion.
R. IDENTIFICATION SIGN means a sign which states the name or address or
both of the occupant or occupants of the lot or building where the sign
is placed.
S. ILLUMINATED SI6N means a sign which is illumtnated by an artificial
light source.
T. INFORMlITION SIGN means a sign giving information to employees, visitors,
or delivery vehicles, but containing no advertising or identification.
U. INSTITUTIONAL SIGNS means a sign or bulletin board which identifies
the name and other characteristics of a public or private institution on �
site where the sign is tocated. _,
V. MOTION SIGN means a sign which revolves, rotates, has moving parts,
or gives the illusion of motion. •
H. NON-CONFORMING SIGN means a sign which lawfully existed prior to the
adoption of this ordinance, but does not coniorm to the newly enacted
requirements of this ordinance.
X. PERMANENT SIGN means a sign which is intended to 6e used for an
indefinite periad of time.
Y. PORTABLE SIGN means a sign so designed as to be movable from one
location to another and which is not permanently attached to the ground, �
a sign structure, or a building.
Z. PORTA-PANEL means a back to back, mobile advertising device, mounted
on wheets and used for commercial as well as civic promotions.
M. PROJECTING SIGN means a sign, other than a wall sign, that projects perpendicular
ftam a building structure.
BB. RAILHOAO CROSSING means railroad trackage which intersects and crosses a
5treet right-of-way at grade with the street.
CC. ROOF SIGN means a sign which is erected, constructed, or attached
wholly or in part, above the roof of a building, except where the roof
is an extended facade.
UD. RUMHAGE/GARAGE SALE SIGN means a temporary sign which advertises or �'
directs the public to an infrequent sale of generally used merchandise
sold from a private residence.
EE. SIGN means a lettered board, or other display, and its support struc-
ture, used to advertise, direct, identify, inform, or convey a message to
one who views it.
FF. SIGN AREA means the total area of the sign, tncluding the border and
the surface which bears the advertisement; or in the case of inessages,
figures, or symbols attached directly to any part of the Duilding, it is that
area which is lncluded in the smallest rectangle which can be made to
Ordinance No. _3_
Chapter 214, gn�� � �
tircumscri6e the messa9e, figure, or symbol displayed thereon. 7he stipu-
lated maximum sign area for a free standing sign refers to a single facing,
GG, S1GN STRUCTURE means any structure which supports, or is capable af
supporting, any sign. Said definition shall not include a building to
Which the.sign is attached.
HH. SHOPPING CENTER/MULTIPLE USE BUILDING means a building planned and
developed for multiple occupancy use as comnercial or industriat enter-
prise.
II. TEMPORARY SI6N means any sign, banner, pennant, valance, or adver-
tising disptay constructed of cloth, canvas, light fabric, or cardboard,
Wallboard, or other light materials with or without frames; intended to
be displayed for a limited period of time not to exceed thirty (30) days.
JJ. WALL SIGN means a sign which is affixed to the wa17 of any building.
KK. WALL GRAPHICS means a graphic design or decorative mural not intended
for identification or advertising purposes, which is painted directly on
an exterior wall surface.
LL. WINDOW SI6N means a sign instalted inside a window for the purposes of
viewing from outside�the premises. This term does not include merchandise
located in a window.
tMi. UNLAWFUL SIGN means a sign which is in conflict with this ordinance,
SECTION 214.03 GENERAL PROVISIONS .,
'' GENERAL
The following provisions 214.031 - 214.033 shatl apply in all districts. PROVISIONS
Atl signs shall be constructed in such a manner and of such material that
they shall be safe and substantial, provided that nothing in this Chapter
shall be interpreted as authorizing the erectiort or construction of any
sign not now permissible under Chapters 205 - 206> inclusive, of this Code.
214.031 SIGNS PROHIBITED IN ALL DISTRICTS
A. Permanent signs,other than governmental signs,erected or temporarily SI6N5
placed within any street right-of-way or upon any public�easement. PROHIBIFE� IN
B. Signs or wall ALL DISTRICTS
grapM cs that contain words or pictures of obscene,
pornographic or imnoral character.
C. Signs painted directly on buildings (except informatio� signs, containing
�o advertising� may be painted directty to the exterior building surface).
. Portable signs (except for those provided for under "Uses Permitted in
all Zoning").
E. Signs which resemble an official traffic sign or signaliexcept
directional signs on private property).
F. Signs which Cy reason of size, location, movement, content, coloring,
or man�er af illumination, may be confused with a traffic control sign,
Signal, or device, or the light of an emergency or road equipment vehicle,
or which hide fran view arly traffic, street sign, signal or device.
6. Projecting signs.
N. Motion signs.
I. Illuminated sign which changes in either color or in intensity of light
or is animated, ar has flashfng or intermittent liqhts.
J. Signs located within carner setback requirements, Section 205.154 (3).
K. Flashin9 signs
Ordinance No. -4- C
Chapter 214, Sign�— 1
L. Revolving beacons, zip flashers, and similar devices, includin9 any
Sources of light which change in intensity.
214.032 SIGNS PERMITTED IN ALL DISTRICTS
A. Address Signs: Each dwelling, business, or building must have a
minimum of one•address s�ign, minimum of 3�" high, maximum of 18" high,
iltum9nated or reftective, attached to the dwelling and visible from
public right�of-way. If the attached address sign cannot be visible
from the public right-of-way, the address must be either on the curb
or on the mailbox.
SIGNS PERM;TTED
IN ALL DISTRICTS
ADDRE55 SIGNS
B. Bench Signs: To be permitted only at bus stops; cannot be any larger
than, or extend beyond, any portion of the bench. BENCN SIGNS
C. United States Ftag: Follow Title 36, Section 173-378 af the United UNITED STATES
States Code, State Flag, Corporate Flag. � FLA6
D. Directional Signs: (Public & Private)
1. Maximum four (4) square feet per facing. DIRECTIONAL
SIGNS
2. Minimum ten (10) feet from street right-of-way.
3. Except that a sign directing the public to a hospital may be
a maximum of twenty-four (24) square feet in area. .
E. Institutional Signs: .
1. Maximum twenty-four (24) square feet.
2. Minimum ten (10) feet from street ri9ht-of-way.
3. Except a hospital emergency sign which is located on the
premises may be one hundred (100) square feet in area.
F. Area Identification Si9ns: (see individual district regulations).
6. Standard Safety Identification Si9nage as used by public utilities, &
highway departments.
H. Temporary Signs:
INSTI7UT:ONAL
SIGNS
1. Construction Signs TEMPORARY
SIGNS
a) Developments: Temporary construction signs may be erected
for the purpose of Dromoting a project of ten (10) or more
residential dwelting units, ten (10) or more mobile homes, three NEW CONSTRUCTION
(3) or more muttip7e dwellings, or a business.
1) Sign shall not exceed fifty (50) square feet in area.
2) One (1) sign per street frantage.
3) Sign shall be removed when project is completed. ,
4) Sign shall not be located closer than one hundred (100)
feet to an existing building structure outside of the develop-
ment.
b) Individual Lots or Buildings:
tj Sign shali not exceed six (6) square feet in area.
2) One (1) sign per street frontage.
3) Sign aill be removed upon campletion.
2. Reai Estate Signs REAL ESTATE
SIGNS
a) DevelopmeMS: Temporary real estate signs may be erected
Ordinance No. -5-
Chapter 214, Signs
for the purpose of selling or pranotinq a project of five (5) 1 L
or more residential dwelling units, ten (10)�or more rtabile homes,
three (3) or more multiple dwellings, or a business.
1) Sign shatt nat exceed fifty (50) square feet in area,
2) One (1) si9n per street frontage.
3) Sign shall be rertaved when praject is ninety-five (95)
percent completed, sold or teased,
4) SSgn shall not be located closer than one hundred (100)
feet to an existing�building structure�outside of the devetop
ment.
b) Pro3ects of Less than Five (5) Individual Lots or Buitdings:
1) Sign shall not exceed six (6) square feet in area.
2) One (1) sign per street frantage.
3) Extra "open house" signs to be atlowed only during day of
open house.
4) Sign will be removed within five (5) days following sale
or lease.
c) Vacancy Signs
1) Maximum six (6) square feet in area.
2) Minimum ten (10) feet from public right-af-way. -
3. Political Si9ns '� POLFTICAL SIGNS
a) Maximum size shall not exceed thirty-4wo (32) square feet.
b) Signs shall be removed within five (5) days following the
election.
e) A fifteen (b15) dollar deposit will be deposited with the
City prior to the erection of signs and retained until the signs
are removed. If signs are not removed, the deposit will be used
to defray the cost of removal. Any additiona7 cost will be billed
to the party posting the original deposit.
d) Any political sign larger than three (3) square feet must be
placed three (3) feet from public right-of-way.
4. 6arage or Rumnage Sale Signs 6ARA6E OR
RIIMdAGE SALE
a) Maximum size shall be three (3) square feet SIGwS
b) Must be removed within three (3) days following end of saie.
5. Banners or Pennants
a) Banners or pennants commemorating a special event not con- BANNERS OR
nected with a business shall be instalted not rtwre Yhan twenty-fivePENNANTS
days (25 days) prior to the event and removed within five (5) days
follawing the event.
b) Banners or pennants for businesses witl be atiowed for grand
openings of business only for a ten-day maximum period.
I. PorW-Panels: (except shall not be permitted in R-1.R-2,R-3,R-4 Zoning)
1. May be used with a perniit issued by the Zoning Administrator for
non-consecutive ten (10) day periads, limited to three (3} times per
year per business.
lE
Ordinance No.
Chapter 214, igSTns
_�
SELTION 214.033 SIGNS ALLGWED W3Tti SPECIAL USE PENMIT
A. Manual and/or automatic changeabte signs would be allowed in all
districts, except R-1, R-2, R-3 and R-4 Districts, and then anly with
the issuance of a special use permit, subject to the fol7owing
minimum conditions:
1. Specific zonin9 district requirements (Sectton 214.04 of this
ordinapce).
2. No traveling electronic message centers.
3. flectronic message centers not to change more than once every
15 minutes (only permitted in specific zonings).
B. Bitlboards sha11 be permitted in only the C-2S, M-1 and M-2 Districts,
but only after securing a special use permit. The fotlowing conditions
shall be considered as the minimum standards for 6illbaords, but the
City stilt may impose additicnal conditions:
1. Maximum Height: Twenty-five (25) feet above lot grade, unless the
. sign is intended to be viewed from a highway, then the 25 foot
maximum height may be computed from the centerline of the traveled
- highway, but in no case shall the vertical distance between the
bottom�of the sign and the ground be reduced to less than ten (10)
feet.
SIGNS
ALLOWED
WIiN SPECIAL
USE PERMIT
2. Maximum Sign Area: Three hundred (300) feet per facing and not to
exceed two (2) facings on East River Road, University Avenue, .
Central Avenue; 750 feet per facing and not to exceed two (2)
facings on I. 694. Double faced signs shall be attached 6ack•to
back or back to back at a horizontat angle not to exceed forty-five
(45) degrees. ,
3. Minimum Uistance Between Signs: One thousand (1,000) feet on the
same side of�the street right-of-way.
4. Minimum Setback from Street Right-of-Way Lines: Thirty (30) feet.
5. Distance from Street Intersections: Not closer than five hundred
(500} feet to the intersection of two or more streets er highways,
such distance being measured from the intersection of street or
highway centerline.
6. Proximity to Uses Permitted in Residential Areas: Not closer than
five hundred (500) feet as measured along a designated street right-
of-way to any residentiai district or any park or playground untess
separated by a visual barrier.
7. Sign Structure Specifications: The structure shall 6e all metal.
The metal shall be either painted or treated to prevent deterioration.
Lack of proper maintenance shall be cause for revacation of the
special use permit. Maximum af two.(2) vertical support structures.
8. 2oning and Location: Bitlboards sha11 be restricted to C-2S, M-1
and M-2 zoned parcels of property�adjoining the rights-of-way of
Interstate Highway 694, East River Road, Trunk Highway 47 and Trunk
Hi9hway 65. ',
9. Power Lines: As controtted by State and utility regulations.
30. Distance from Railraad Crossings: 350 feet when there are lights
and 9ate; 500 feet without lights and gate.
11. Biilboard lighting wiil be effectively shielded so as to not
ippair vision of any operator of a motor vehicie.
B
e
-�-
Ordinance No.
Chapter 214, ig�ns
1F
SECTION 214.04 DISTRICT REQUtREMENTS
ln addition to those signs permitted in all districts, the followfng signs DISTRICT
are permitted in each specific district and shall be regulated as to REQUIREMENTS �
size, location and character according to the requirements herein set forth.
214.041 SIZES, SETBACKS AND OTNER REQUIREMENTS FOR R-1 R-2 AND R-2A R-1, R-2 &
R-2A REQUIRE- .
A, Area Identification Sign: MENTS
1. One (1) sign per development.
2. Mazimum size twenty-four (24) square feet.
. 3a Minimum ten (10) feet fran public right•of-way.
214.042 SIZES, SETBACKS AND OTHER REQUIREMENTS FOR R-3 AND R-3A
A. Area Identification Sign:
1. One (1) sign per development.
2. Maximum size twenty-four (24) square feet.
3. Minimum ten (10) feet from public right-of-way.
214.043 SIZES, SETBIICKS AND OTHER REQUIREMENTS FOR R-4
A. Area Identification Sign:
1. One (1) sign per development.
2. Maximum size twenty-four (24) square feeti.
3. Ninimum ten (10) feet from public right-of-way.
214.044 SIZES, SETBACKS AND OTHER REQUIREMENTS FOR CR-1 AND CR-2
A. Area Identification Sign:
1. One (I) sign per development.
8. Free Standing Signs:
l. One (1) per street frontage
2. Maximum forty-eight (48) square feet per development.
3. Haxiowm height six (6) feet above finished ground level.
R-3 AND R-3A
REQUIREMENTS
R-4 REQUIRE-
MENTS
CR-1 ppp CR-2
REQUIREMENTS
4. Niniuxim ten (10) feet from property tine except minimum af Menty-
Hve (25) feet from:
a) intersection of street right-of-way lines.
b) front lat line when located within twenty-five (25) feet of
a driveway. ,
C. Walt Signr.
1. Wall sign area shall not exceed fifteen (15) times the square root of
the wall length on which the sign is to be placed.
0
�
Ordlnance No. -�
Chapter 214, tg3' ns
SECTION 214.045 SIZES, SET6ALK5 AND REQUIREMENTS FOR C-1 AN� C-2
A. Area Identificatton Sign:
7. One (1) sign per development.
B. Free Standing Sfgns:
1. One (lj per street frontage.
1G
C-1 ANU
C-2 REQUIREMENTS
2. Maximum eighty (80) square feet per development.
3. Maximum height twenty-five (25) feet above finished ground tevel.
4. MinimUm height ten (10) feet from 6ottom of sign to finished ground
level within twenty-five (ZS) feet of a driveway, and/or any intersection
of street right-of-way lines.
5. Minimum ten (10) feet fran property line or driveway.
6.. Ninimum fifty (50) feet from R-1, R-2, R-3 or R-4 zoning line.
C. Roof Signs:
1. One (1) sign per devetopment.
2. The use of roof signs witl substitute for the permitted free standing
sign along the frontage it faces. .
3. Must be limited to use as an identification sign. "
4. Maximum eighty (80) square feet per development.
D. Windav Signs:
1. Forty (40) percent of window area, excluding merchandixe.
E. Wall Signs:
l. Natl sign area sha11 not exceed 15 times the square root of the
wall tength on which the sign is to be placed.
F. 6as Stations:
1. One gas price sign is atlowed in addition to one (1) permitted as
an integral part of the identification sign.
SECTION 214.046 SIZES, SETBACKS AND OTHER REQUIREMENTS FOR C 15 AND C 25
A. Area Identification Sign:
l. One (1) area identification sign atlowed per development.
B. Free Standing Signs:
1. �e (1) sign per street fronWge.
2. Maximum eighty (80) square feet per development.
3. Maximum heigAt twenty-five (25) feet above finished ground level.
4. Mini�m height ten (10} feet from bottam of sign to finished
ground level within twenty-five (25) feet of a drivewdy and/or any
intersection of street right-af-way lines. .
5. M1nYmum ten (10) feet from any property line or driveway.
6. Minimum fifty (50} feet from R-1, R-2, R-3 or R-4 zoning line.
C-15 AND
C-2S REQUIRE-
MENTS
e
Ordinance No.
Chaptcr 214, S g�—
C. Roof Signs:
1. One (1) si9n per development.
2. The use of roof signs wi11 substitute for the permitted free standing
sign along the frontage it faces.
3: Must be limited Yo use as an identification sign.
4. Maximum eighty (80) square feet per development.
D. Nindow Sign:
1. Forty (40) percent of window area, excluding merchandise.
E. Wail Sign:
1. Wall sign area shall not exceed 15 times the square roat of the
wall tength on which the sign is to be placed.
214.047 SIZES, SETBACKS ANU OTHER REpUIREMENTS FOR M-1 AND M-2 M-1 AND M-2
REQUIREMENTS
A. Free Standin9 Sign:
1. One (1) free standing si9n per building or multiple use building.
.2.� Maximum eighty (80) square feet per devetopment. �
3. Maximum height twenty-five (25) feet from finished ground level.
4. Minimum height ten (10) feet from bottom of sign to finished ground
level within twenty-five (25) feet of a driveway and/or intersection of
street right-of-way lines.
5. Minimum fifty (50) feet from R-1, R-2, R-3 or R-4 zoning lines.
B. Walt Sign: .
1. Maximum two (2) wall signs per business allowed on different walls.
2, kalt sign area shall not exceed 15 times the square root of the
wall length on which the sign is to be placed.
C. Roof Signs:
1. One (1) sign per development.
2. The use of roof signs will substitute for the permitted free standing
sign along the frontage it faces.
3. Must be limited to use as an identification sign.
4. Maxim�an eighty (80) square feet per development.
214.048 P AND PD DISTRICTS P AND PO
DISTRICTS
Stgn requirements in P and PD areas would be controlled by the City
Council when the development is planned.
214.049 SHOPPING LENTER/MULTIPIE USE BUILDINGS SHOPPIN6�.
•CENTERS AND
A. Mithin one hundred eighty days (180) of the adoption af this chapter, 4AULTIPIE USE
all avners of shopping centers and multiple use buildings of three or more BUILDINGS
businesses, must submit a comprehensive sign plan for their center or building
to the City Council for approval.
B. Atl future permits within the shopping center and multiple use building
a�eas shall conform to the conditions of the sign plan and may be subject
to conditions other than those in the district regulations in order ta promote
a untform combination of sign.
1 ��
-ia
Ordinance No.
Chapter 214. gn��
SECTION 214.05 GENERAL REQUIREMENTS
A. Permits:
lI
6ENERAL
REQUIREMENTS
1. Before a sign may be displayed in the City of Fridley, the owner
or lessee of the premises on which the sign is located shall file
application with the City Zoning Administrator for pertnission to display
such sign. Permits are required for all existing, new, relocated,
modified or redesigned signs except those specifically exempt under
Section 214.05 A, 4.
2. The Sssuance of a permit may also be subject to additional con-
ditions in order to promote a more reasonable combination of signs
and to promote conformity with the character and uses of adjoining �
property. The conditions will be subject to the discretion of the
2oning Administrator. Objections to the conditians can be appealed to the
City Council by the applicant.
3. Temporary si9ns erected by a non-profit organization are not
exempt from obtaining a permit for signs, but the City may waive the
fee requirement.
4. No permit is required under this section for the following signs:
a) Window sign.
E) Address sign.
c) Signs erected by a governmental unit or public school district.
d) United States Flag.
e) Bench si9ns.
f) Memorial signs or tablets containing the names of the building,
its use and date of erection, when cut or b0ilt into the walls af
the building.
g) Signs which are completely within a building and are not
visible from the outside of said building:
h) Temporary signs (214.032, H).
B. ApplicatS,to ns having an area of three (3) square feet or less.
1. Application for permits shall be made to the Zoning Administrator.
2. Sf a sign authorized by permit has not been installed within
ninety (9D) days. after the date of issuance of said permit, the permit
shall become null and void unless an extension is granted by the
Building Inspection Department.
3. The Zoning Administrator may require other information concerning
safety.
C. Fees;
Permit fees and expiration dates shalt be as provided in Chapter 11
of the Fridley City Code.
D. License, Fees, Bond:
PERMIT
APPLICATION
FEES
LICENSE, FEES,
BOND
No person, firm or corporation shall engage in the business of erecting
signs under this chapter unless licenses to do so are approved by the Council.
Such ticense may be�granted by the City Council after written appti-
eation to the City Clerk. The annual license fee and expiration date
Shall be as provided in Chapter 11 of the Fridley Lity Code. No
license shall take effect until the licensee shatt File with the City
Clerk a corporate surety bond in the sum of $1,000 and conditianed
that the licensee shall conform to all the provisions af this chapter
and indemnify and hold the City, its officers and agents, harmless
from any damage or ctaim resultin9 from, or related to the erection
or maintenance of any sign in the City, by the licensee. A license and
bo�d shall not be rep�ired of any applicant who is not engaged in the
business of erecting signs, who choases to construct and erect their
am sign on their own property.
Ordinance No. -11- 1 J
E. Exemptions:
The exemptions permitted by Section 214.05, A, 4, shall apply only to
the requirement of a permit and/or fee, and shall not be construed as
relieving the instalter of the sign, or the owner of the property on
which the sign it located, from conforming with the other provisions
of this chapter.
F. Haintenance
1. The surface and structure of all signs shatl be maintained in a safe,
presentable,�good structural material condition at all times, including
replacement of defective parts, painting, repainting, cleaning and
other acts required to prevent the sign structure and surface from
becoming hazardous or unkempt in appearance.
2. When any sign for which a permit is required is removed, the
Zoning Administrator shall be notified and the entire sign and its
components shall be removed.
G. Existing Signs:
1. Signs Eligible for "Legat Non-conforming" Status•
a) Ar�y sign located within the City limits on� the date of adoption
of this ardinance which does not conform with the provisions of
this ordinance, is eligible as a"1e9a1 non-conformin9" si9n and
is permitted, provided it a7so meets the following requirements:
. 1) The sign was covered by a sign permit on the date of tfie
adoption of this ardinance if one was required under appti-
cable law, or
2] If no sign permit was required under applicable law for
the sign in question, the sign was in all respects in compliance
with applica6le law on the date of the adoption of this
ordinance.
2. LoSS of Legal Non-conforming Status:
a) A legal non-conforming sign shall imnediately lose its legal
non-conform4ng designation, if:
1) The sign is altered in any way in structure
(except for normal maintenance and change of inessages) which
makes the sign less in compliance with the
requirements of this ordinance than it was before the altera-
tions; or
2) The sign is relocated; or
EXEMPTIONS
MAINTENANCE
EXISTING
SIGNS
3) The sign is reptaced; or
4) The sSgn becomes fifty (50j percent of the economic value
dilapidated or damaged, the remainder of the sign is to be
removed or brought into compliance. ,
3. Abandoned Si9ns
Except as otherwise provided in this ardinance, any sign which
identifies a business that has stopped oDeration for a period of
three months or more, or any sign which pertains to a time, event,
or purpose which no longer applies, shatl be deemed to have been
abandoned. Permanent signs applicable to a business temporarily
suspended because of a change of ownership, or management of such
a business, shall not be deemed abandoned unless the property
renwins vacant for a period of three months or �re. An abandoned
sign is prohibited and shall be removed by the owner of the sign or
the owner of the premises.
Ordlnance tlo. -12-
Chapter 214, Signs
SECTION 214.06 ENFORCEMENT
A. 2oning Administrator Responsible:
1. The Zoning Administrator or agents shall be responsibte for the
enforcement of this chapter.
B. YSolations of Code:
1, Any sign that does not comply with the provisions of this chapter.
2. A sign that is a hazard to the safety and welfare of the public.
C. Notification of Violation of Code:
1. If the Zaning Administrator or agents, shalt find that any sign
regulated by this chapter is unsafe, insecure, or is a menace to the
public; or has been constructed or erected without a permit first being
granted to the owner of the property upon which said sign has Deen
erected, or is in violation of any other provision of this chapter,
said Administrator shall give written notice by certified mail, return
receipt requested, of such violation of the owner and/or permit holder
thereof. If the owner fails to remove or alter the sign so as tu comply
with the provisions set forth in this chapter within twenty (20)
calendar days following receipt of said notice, such signs may oe
remved by the City. The cost of this removal, including City expenses,
shall be as a special assessment against the�property upon which the
Sign is located and shall 6e so noted in the written notice to the
owner and/or permit holder.
2. The Zoning Administrator or agents may cause any sign or other
advertising structure which is an immediate public hazard to be removed
Sumnarily after a reasona6le attempt has been made to have the owner
and/or permit holder remove the sign immediately.
3. When the City sends the notice of violation; they will send a copy
to both the permit holder and the landovmer, if they are different.
D. Penalty for Viotation of Cade:
1. My violation of this chapter is a misdemeanor and is subject to
alt penatties provided for such violations under the provisions of
Chapter 901 of the Fridley City Code. Each day the violation continues
in existence shall be deemed a separate violation. All signs are
subject to such penalty for violation of the requirements of the
diitrict within which they are located, even though they may nat be
required by this chapter to pay a fee or acquire a permit.
E. Appeals:
ENFORCEMENT
To provide for a reasonable interpretation of the provisions of this chapter,
a permit applicant who wishes to appeal an interpretation by the Zoning
Administrator may file a notice of appeals with the Zoning Administrator and
request a hearing before the Appeals Comnission. The Comnission shall hear
the apDeal and make their recommendation to the City Council, appeals or
requests in the following cases:
1. Appeals where it is alle9ed that there is an error in any order,
requirement, decision or determination made by the administrative officer
in !he enforcement of this chapter. •
a) Requests for variances fran the literal Provisions of this chapter
in instances where their strict enforcement would cause an undue
hardship.
1K
Ordinante No. -1�
Chaptier 214, Signs � L
2. Before the Commission shatl grant a variance, ft is the responsibi7lty
of the applicant to prove:
a) That there are exceptional or extraordinary circumstances
applfcable to the property or to the intended use that do not
apply generally to other property in the same vicinity and zoning
district;
b) That the variance Ss necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and zone; but which is denied to the property in
question;
c) That the strict application af the ordinance vrould constitute
unnecessary hardship; and
d) That the granting of the variance would not be materially detri-
mental to the public welfare or injurious to the property or
improvements in such vicinity or zone in which the property is
located.
SECTION 214.07 REPEAL
Chapter 214 of the Fridley City Code as it existed prior to the adoption REPEAL
of this ordinance is hereby repealed.
PASSED AN� ADOPTED BY THE C1TY C�UNCIL OF THE CITY OF FRIDLEY THIS
DAY OF ,
ATTEST:
IT LE K- RYIN C, BRU SELL
First Reading:
Second Reading:
Publish.......:
OR - WILLIAM �. NEE '
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 211 OF T1iE FRIDLEY CITY CODE ENTITLED
"PLATTING", SECTION 211.152 "RECORDING"
The City Council of the City of Fridley does or�ain as follows:
Section 211.152 of the Fridley City Code is hereby amended as follows:
After approval the final plat shall be recorded among the records of
the County within a3aeEy-days-499-�ays}- one hundred-eighty days
(180 days) after the date of the certificate of approval attached
thereto, unless a longer period of time is granted and provided for
recording at the time of approval. A longer period o£ time shall be
granted only upon good cause shown and by a resolution duly passed by
a majority of the Council at the time of the making of approval.
A plat not recorded within a period of x�aeEy-�ays-{99-�ays}-
one hundred-eighty days (180 days) or extension thereof duly made, is
deemed to be one that is not approved and such plat is not entitled to
be recorded; and the same shall not thereafter be recorded except and
unless it shall have again been presented to the Council and approved
for recording.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
1977.
MAYOR - WILLIAM J. NEE
ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
First Reading:
Second Reading:
Publish........
2
3
CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
SUBJECT: "WILD IN FRIDLEY" BROCHURE
DATE: NOVE��iBER 1, 1977
At the October 31 Conference Meeting, the "Wild iri Fridley" brochure was
discussed. The City Council indicated there were three areas that the
City may participate in in connection with the brochure. These three
areas were:
1. Distribution
2. Acting as Escrow Agent
3. Advertising
DISTRIBUTION
I have checked with Joann regarding the distribution costs. She states
that based on an approximate weight of 4 1/3 ounces, the postage would be
$929 if mailed by the pound and $1,000 if mailed on an individual basis.
In addition, the Mail House would charge $126 for handling. If the brochure
were delivered, rather than mailed, the delivery cost would be approximately
$600, or possibly a little higher, allowing for inflation. There have been
times in the past when the hand delivery method has not proved entirely
satisfactory.
ESCROW AGENT
I have discussed the matter of escrow agent with Larry Dobson. It is his
understanding the thinking of the Chamber of Cortmerce is that if the City
were to act as escrow agent, the money from advertising would go directly to
a separate City account. Mr. Dobson would do the ad selling. When the ad
space was 100% sold, and the order given to the printer, 50% of the ad revenue
would be given to Mr. Dobson. He w ould turn this over to the printer. Upon
completion of the printing, and delivery of the product, the remaining 50�
of the ad revenue would be paid to Mr. Dobson. I assume the City Council
would have to release the money.
SIZE OF AD
The City Council indicated they would be in favor of partieipating in the cost
of a 1/2 page ad which would cost approximately $1,800.
3A
Page 2, Memo to Nasim Qureshi
Subject--"Wild in Fridley" Brochure
November 1, 1977
COMBINING WITH THE CITY CALENDAR
In discussing this matter with Larry Dobson and with Blake, it was determined
that the City calendar project has not gone along so far that the calendar and
the "Wild in fridley" brochure could not be combined. Mr. Dobson stated that
it would cost approximately $3,750 to add six pages or twelve sides to the
brochure. These would contain the information the City wanted regarding the
calendar. It costs the City $5,000 to $7,000 to print the calendar. This in-
cludes the cost of the paper, printing, the detail art work, etc. If the
calendar could be combined with the "Wild in Fridley" brochure, the City would
save approximately one-half of this cost. In addition, the City would save on
the cost of mailing. The calendar, if le t as is, will have to be mailed as a
separate item, which would add more in postage costs than incorporating the
extra pages in the brochure.
SUMMRRY
If the City proceeds on the basis of a separate calendar and a separate partici-
pation in the "Wild in Fridley" brochure, the cost would be as follows:
Brochure
Pasting and Handling Costs
Cost of Ad
Cost of Printing the Calendar
Postage and Handling of Calendar
$ 1,055 to $1,026
i ,aoo
TOTAL $ 2,855 to $2,826
$ 6,000
925
TOTAL $ 9,780 to $9,751
The cost of combining the Calendar with the "Wild in Fridley" brochure would be:
Cost of Rd
Postage and Handling
Cost for Additional Calendar Pages
MCB sh
$ 1,800
1,350
3,750
TOTAL $ 6,900
4
CITY OF FRIDLEY
APPEALS COMMISSION MEETING - OCTOBER 11, 1977
CALL TO ORDER:
Chairperson Schnabel called the October 11, t977,
Appeals Commission meeting to order at 7;y0 P�M.
ROLL CALL
Members Present: Plemel, Kemper, Schnabel, Gabel, Barna
Members Absent: Mr. Kemper left the meeting for
approximately one hour
Others Present: Ron Holden, Building Inspector
APPROVE APPEALS COMMISSION MZNIITES: SEPTEMBER 20. 1977
MOTION by Ms. Gabel, seconded by Mr. Barna, to approve
the Appeals Commission minutes of September 2Q, 1977.
Mr. Barna changed the last sentence of the last
paragraph on Page 10 to read, ��He pointed out to the
people that East River Road was a very traveled road and
that there were many traffic problems on the Road".
IIPON A VOICE VOTE, all voting aye, the motion carried
unanimously. .
1.
YEAR EXTENSION
� \ilGl�µG01i UJ' 1'1 IX
niversity Avenue N.E„
VARIANCES GRANTED
� .
.-�03.4
..... � ..�L�..1
y ompany,
ey� Minnesota 55432).
MOTION by Mr. Plemel, seconded by Mr. Barna, to open the
Public Hearing. Upon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing was opened
at 7:43 p.M.
APPEALS COMMISSION MEli"�'ING - 0 TOB R 11 1977 Pa�e 2 4 A
ADMINISTRATIVE STAFF REVIEW
g. PUBLIC PURPOSE S�RVED BY REC�UIRENIENTS:
Section 205.103, y(C,1), to maintain a rear yard
setback of 25 feet in C-2 zoning area. Public purpose
served by this requirement is to provide adequate
open space around commercial structures for aesthetic
and fire fighting purposes.
Section 205,103, 4, �B,Z), to maintain a side yard of
35 feet adjacent to a side street. Public purpose
served by this requirement is to maintain adequate
side yard setback and aesthetic open areas around
commercial structures.
B. STATED AARDSHIP
A hardship exists to applicant since applicant cannot
expand their business without adding onto the existing
building� and inability to add on to the business and
expand would create an economic hardship,
This request for extension is made because Dennis L. Barker,
Robert D. Byrne and Helen C. Byrne commenced an action
in the Anoka District Court requesting that Court to
declare the actior. of tha City Council of rridley null
and void in granting said variance to the applicant
herein. Applicant has at all times'since the granting
of said variance been ready, ti�rilling and able to proceed
to complete the work in question, but has not been
able to proceed because of said lawsuit.
C. ADMINISTRATIVE STAFF REVIEdV:
The enclosed survey of 6005 IIniversity Avenue N.E.
shows both the existing and proposed structure locations.
The alley to the East is 12 foot in width and has been
vacated, so that 6 feet of the alley is considered to
belong to M& I Supply Company� The proposed structure
will increase the lot coverage to 30%. It will be used
exclusively for cold storage. Other possible directions
of e�rpansion are impossible due to existing required
parking on the North side and front side of the building.
Staff would like to request that a pleasing landscape
design be incorporated into this improvement of the
property, Also, the East (rear) property line
abuts on residential property and should be separated
from it by an appropriate privacy fence.
This request v�as grantefl by the City Council on
September 20, 1976, but subsequent court action has
lead to this request for extension. Staff recommends
that the Commission review the minutes of the original
public hearing before the Appeals Commission and take
note of added stipulations imposed by the City Council.
It is uttderstood that no changes have been made in the
original proposal,
APPEALS COMMISSION MEETING - OCTOBER 11, 1977 Paze 3 4�
Each Commission member received a copy of the August 10, t976
Appeals Commission Meeting minutes along with the
September 20, 1976 City Council Public Hearing minutes which
pertained to the item at hand.
Mr. Ir�vin Ketroser explained to the Commission that
due to the law suit the one year had lapsed and it was
necessary to extend the variances that had been granted.
He indicated that a hearing on the law suit had beett
held during the first week of September and that they
were waiting for the court's decision.
Mr. Plemel asked if it would still be necessary to
require a privacy fence at the East property line since the
property owner to the East had already done so.
Mr. Ketroser said that the Company was willing to
cooperate and do whatever would be necessary in the area
of fencing or screening.
Chairperson Schnabel read a letter that Mr. Ketroser
wrote to Mr. Nasim Qureshi
Mr. Ketroser indicated that he had been in contact
with Mr. Herrick during the year and he had authorized
Mr. Ketroser to nake the statemen± in the letter regarding
the last paragraph of the letter he c�rote to Mr. Qureshi,
"Mr. Herrick has indicated to me that he would recommend
to the Appeals Board and the Council that the variance
extension be granted because their failure to comply �ith
the work during the one year period was wholly out of our
control."
MOTION by Mr. Plemel� seconded by Ms. Gabel, that
the Appeals Commission receive the letter from Mr. Ketroser
to Mr. Nasim Qureshi. Upon a voice vote, all voting aye,
the motion carried unanimously.
Mr. Barna questioned the fifth ntipulation that the
City Council had placed on the property that read,
"That the outside development and landscaping be completed
by July 1� tg77. He asked that if the Appeals Commission
granted the extension would the Commission change that
date.
Chairperson Schnabel said that City Council would
have to change that date since it was a stipulation that
they placed on the property.
APPEALS COMMISSION M�ETING - OCTOBER 11 1 77 Page 4
4C
MOTION by Mr. Barna, seconded by Mr. Plemel, to close
the Public Hearing. IIpon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing was closed
at 7:56 P.M,
MOTION by Mr. Plemel, seconded by Mr. Barna� that the
Appeals Commission recommend the approval of the request for
a one year extension of variances granted by Appeals Commission
on August 10� t976, as follot�s: Section 205.103� 4� (C�1)�
to reduce the rear yard setback from 25 feet to 10 feet,
and Section 205.103, �, (B,2) to reduce the side yard
setback from 35 feet to 1� feet rrhere the side yard abuts
a street of a corner lot, to allov� an addition to an
existing building, located on Lots 16 through 19, Block 4,
Hyde Park Addition, all zoned C-2 (General Business Areas),
the same being 6005 University Avenue N,E.� Fridley,
Minnesota� with the following stipulations: 1) The block
plan for improvement of the landscape (greenery and
shrubbery planted on the East, i7est and South) be
implemented� and 2) The roof design be no higher than the
original building and the parapet no higher.
Ch irperson Schnabel said that in view of the
recommendation by the City Attorney, the Commission should
give this item consideration.
UPON A VOICE VOTE, Mr. Plemel, Ms. Schnabel, Mr. Barna
voting aye; Ms. Gabel abstaining, the motion carried.
Ms� Gabel abstained her vote because she does some
business rvith M& I and she felt it would have been a
conflict of interest to vote on the mction.
Chairperson Schnabel said that the item would be
heard by the City Council on November 7, 1977�
2. RE9IIEST FOR VARIANCE OF THE FRIDLEY CITY CODE� SECTION
�n F i ni � �� --� � �n
un � nc., y��elbycAvenue,ySt.yPau1,1M nnesota 55n0 )
4
MOTION by Mr, Barna, seconded by Ms. Gabel, to open the
Public Hearing. Upon a voice vote� all voting aye, the
motion carried unanimously, The Public Hearing was
opened at 8:03 P.M.
-
X
,�
J
FHIDLF.Y APPEAIS CONJ4ISS10N N,EETIA'G
nUGV::T ].o, 197G
M�SBE.?S P3�ENT: Vir�;inia Schnabcl� Aler. Aa:na� Diek Kemper� Jim Plemel
:•�:��z.�''.F, AESENT:
OTHE�:S PRESENT:
Pat Gabel
Ron }tolden� Building Inspection Officer
The meetir.z was called to order by Chairperson SclanabeZ at 7:33 P.1�1.
APPHCVE A?PEALS COA4dISSION MItdDTES: JULY 27� 1976
1�:OTIOi3 by :emper, seconded by Barne� to aoprove the minutes o£ the July 27, 1�70
neetin� as written. Upon a voice vote, all voting aye, tne motion carried
unanimouslr.
1. A F.EQtirST rOR VARIAWCES 0� THE FkIllLE: CITY CODE AS FOLIA:•i5: SECTIOiv
205.1031 L� (C�l) TO ::�D�CE THE P.�'AR YA?tP, SETBI�CK Fi?Oi4 2S FF'E?' 7'0 1Q F;?ET�
A:'D SE�TI02; iv^�.103� µ, (B�2) TQ �?DUCB T1SE S7DE Ya:?D 3ETBA�Ii FROi•i 3�
Fr.-:T :0 '_7 F:-.F'T i:'E'.:;R° TFfE SIL'E YA;� 9°L'TS ?. ST�'.:E'P OP A CURNEY LOT, TO
Ai.L0�1 iH`. E:iPP.;iSIOiv U"r' R BUIS.,Li,i�G IN C-2 2G;�Sid^u (GEi:i;R".L BUSIivF.SS nL'.c;ASj
LOCGT°_:=� OIv i.q1S lb T;?30U�H ly� S:,CCK 4� H;D� P.iRS �D:L"1'IO1v� TY.E >.^-�•tF. B�1T.iG
6Q05 L':+SVi.:;SI?`1 ..}ir;\L � N,E.� FR7DL'3F� iiI:�Tiii.`�OTl:, {Ye��u�st b�` :�s Rc I S,•••n-;�•
Co:rpany, In^., 60�j University Av� :ue id..til., Fsidiey, Aiinnesots 5jl132 ,.
1;OTION by Barna., seconded hy Herrper, to open thn. uuUlic hesring
voLeJ a12 voting aye� the moti�n car•riad un2nir�ously,
AD;SINiSTRI.TIV'r'. STiirF pr�,r?y,:�J
Upo.i a voice
A. FUBLTC PlJ�i.POSF. S�RV�D RY HEQUIR�.?�C:,cTS: Sectior 205.103, !i, C, 1, to maint.�i:�
a rear yard setback of 25 feei in G 2 zonir, area. Yublic purpose served
hy t'�is reqsirer,er.t is to provide adeaaate opEn space a: cw3d co.+mnercial
structures :or ae.thetic and fi.e fighting purposes.
Section 205.103, h, B, ?, tc maintein a side yard of 35 feet adjacent to
e side st�•eat. A1DI.1C pu:posc served by this Y•equirement is to maintain
adeouxte siqe ynrd setl�acks and aestnetic op�n areas sround commercia.l
structures.
II. STATED i{ARiiSHIP; A hardship �xists to a�pplic»nt since �pplicant c•rnnot
espand i;heir ht�sir.e:,s tiaithout• mddir.+; onto the existin.r, bui.:3in� and in<bility
to add on to bu:,inr.:;^ and exp:md uould create an ecenomic hardship.
Appeals Commission Meeting of August 10, 1976
Page 2
C. AUMII�ISTRATIVE STAFF R�VIEW; The enclosed survey of 6005 University Avenue y
N.E, shows both the existing and tne proposed structure locations. The
alley to the East i� 12 foot in width and has been vacated, so that 6 feet
of the alley is considered to belong to M& I Supply Company. The proposed
structure will increase the lot coverage to 30�. It will be used exclusively
for cold storage. Other possible directions of expansion nre impossible due
to existing required parking on the North side and front of the building.
Staff has no opposition to this variance request, but would like to request
that a pleasing landscape desi�n be incorporated into this improvement of
the property, Also, the East (rear) property line abuts on residential
property snd should be separated from it by an appropriate privacy fence.
Nr. Max Goldstein, principal ovmer of M& I Supply Company and his attorney,
Mr. Irwin Ketroser� aporoached the Board. Also present were Mr. Dennis Barker,
Mr, and Nss. Robert Schmidt and Helen 9yrne� all neighbors directly to the East
oS M& I Supply Company.
Mr. Ketroser explained to the Board that M& I Supply Company was located on
lots 16, 17� 18 and 19� and stated they wanted to build an addition and even
off the building. He said that tae proposed Uuilding would maintain the exact
same characterisiics on the exterior xalls, height, etc.� as the existin�
building, and woulcin�t be changed in any way. He stated it rrould be rounded
off to about 60'� atid be practically square. DIr. Ketroser added that the
obvious reason for the addit_on was t'r.at they needed the room badly for expan-
sion� and he pointed out that there was an alley that had been vacated so
an additional six feet of property belonged to M& I. He said he probably
should mention that when the proFerty was purchased they noticed in the title
that originally 30' of the property was dedicated for street rignt-of-way,
and subsequ,.gntly vacated; at the time the street was built the street right-of-
w�y was notrededicated� and so technic>lly thirty feet of the street Frould belong
to the owners.
Chairpersm Schnabel showed tne pictures Staff had taken depicting where the
addition would be going on and the proximity of the adjacent property. Nir,
?lemel asked if the drice-in door in �ront was used at all, and b;r. Goldstein
replied it was used quite often, and e.�cplained it was a receiving door. He
stated that once they got the addition, most o£ the receiving would be done in
the back.
Chairperson Schnabel pointed out khere the 17' setback would b�, and askeci ii'
there was a sir.�ilar reauest ior the existing structure. 2�Ir. Holden replied
there wasn�t anything in the file� and asked how old the building was. Mrs.
Schnflbel looked through the file and determined it was built around August of
1953, ali;hough she said it was hard to decipher. She suid tliat in effect, if
this requesL vas approved, they snould approve the entire structure.
Mr. Kemper asked if this had been discussed with any of the:neighbors� and Air,
Goldstein said he had discussed the proposed addition with one of them. Mr.
}:emper stated that the planning chart For the two pieces oS property to the
North of Af & I showed fencinr;, shrubbery and green spaces. He asked how the
City could attempt to accomplish snything with the l�ndscaping since Ai & I on�y
otmed their property. Alr, Nolden respotided that they Were pre�ently in tlie
process oS tr�lking Lo thc ouners of Club 117 �nd Mel's Van-O-Lite about the
possiUility of tying the area into a�more attrnctive package.
�r3.dley Appcals Commission Meeti,ng of August 10,
Mr. �arker stated he lived tehind 14 & I Supply Compan,y on lot� 1!� & 1;, and hi�
ubjection was to the dama�e i.t would do to his hrnise by �xtendin� tnat buildin.
and rai^in�; it up. 1dr. Ketrns�r er.nlained that it wovld not be raised� but would
be no hi�;her than the er.istin� height of the South wall. Mr. 13arYer said 'ne
xas a r.ontractor and asY.ed to see a plan oi' the pr000sed addition, as"they had
no w2y ol knowing exactly xhere it was going to be unless thev hai a plan, A1r,
Goldsi,ein ansaered that thep did not have a plan. IIr. Earker shoxed on a
photograph the vierr i'�om his patio and exp2ained hox the ouilding ��ould be
raised up b�cause of the sight Iir,e and block nis view. He stateu the buildino
was non-cu:,forming now� and he objected to them building any core on it.
Mr. Ketroser stated that P1r. Barker�s house was about 70' fro:n the building,
and tliat seemed like quite a bit. }1r, Barker er,plained 'ne uas tal'r.ing about
sight line. Afr. Coldstein said he believed ifr. 3arker's nouse was nigher than
his building� and tir. Barker aslced what that had to do with it. :;r. 3arker
said when the building was moved closer, the sight line �rould go up.
Chairperson Schnabel said that I•;r. Barker had a valid point as ths neighbo^
behind, and she appreciated that. 5he ask=d if the idea the City nad in terms
of fencing and screening the area would help his proolem. P;r. B arker replied
not at all. He stated that if a 3�' ience was put up it mi�?�t., cover tne
buildin�� but not a litile 6' screen ience.
Mr. Sc.`unidt st�ted that he lived directly behind the Supply Compan�a and aext
io Mr, Rarker on lots 12 & 13� and he was a].so again,t tne idd=tion. :�ss.
Byrne said that she 2i-:ed at 6020 �tth Street, tu;d vrnen ii t,ras fir�t exolained
to her she was told the addition would be higher tnan he:• garage� and. th�t caa:
why she Vras concerned.
t�ir. Semper asked hoL� they were going to drain the roof. i�ir. Goldstein said
they ti•rould have to Figure that out, iir. �3rna suggested running a drain, and
blr. Holden suggested they could put in an inte:nal drair. s,ysien or ec^�nlet.ely
change the nature o£ the existin; :oof. Mr. Barna asked if there would te
a basement under the new structure, and how hign the ceiling would be. TIr.
Goldstein said tnere rrould be no basement, and tY�e ceiling :•;ould be aoout 7.11�,
Mr. Kemper asked who was drawing tne pians, and h1r, Goldsteia replied a
contractor.
TSrs, Byrne expressed her concern over the height of the roof, and pir. Barna
explained to her how they irould be brindin�; the roof straight out. A:rs, Byrne
�sid her view would then be lessened by four feet as her house was behind hali
of the existin� structure. Afr. Schmidt said that i� the addition was goi�ig to
be going ar.y higher or irider than the existing building, it woulci be increasing
the expo�ure to his property, He showed on the, photo�raph what his view kas,
and explained how he would see moi•e of tl�e building with the extension.
Chairperson Schnabel capl.ained te the neignoors that the building would be
st�ving tiie same dist_nce Srom GOth Avenue, and asked them w�en their houses
were built, plrs, 13yrne replied in 19r9� tind Dir. Sc}vnidt said his was built ui
19G0.
Hr. Kemper asked if there had been an,y considerltion to expanding the buildin�
in p different direction and addin� parking to the rear. Mr. Holden said tha'.
would take up parking stalls thai•�.ould be neces�ury for their business. Mr,
r, _, .,
"}
Kernper asked it it would be possible to add parking �talls to the rear� an9 Atr. •
Nolden said Lhen it would be necessary to add parking access off of 60th /.venue�
and there wa�n�t a lot of room back there. 1,r. Kemper said it would be 2h' plus
the vneuted G�, but Mr. Iiolden explained horr they could hardly park in there
at all, ile added that the City�s plans called for that area to be re-landscaped
to make it more pleasing to the neighbors.
Mr. Kemper stated that right now the visual pollution was quite extensive, and
asked iS the addition of some landscaping and some fencing would be an improve-
ment. Mrs, Byrne said ii would be an improvement over what tnere rras rignt norr,
Tfr. Barker asked what exactly the hardship was for this. He again stated that
the building was already non-conforming and sliowed where it uas supposed to
be 35' setback but was only 17', iTrs. Schnabel explained that the hardshin
was that the petitioner could not expand his business without this addition�
and that would be creating sn economic hardship. Mr. Barker suggested they
move to another site, hirs. Schnabel said tnere were a number of busir.esses
in Fridley who came in for variances for this reason. She stated that economically
it would be much harder to construct on a new site than build an extension.
Mr. Barker said that since the City had the codes they should be adhered to.
Mr. Kemper stated that people do need variances from time to time, and thet
was xhy they had provision £or them, rir. Barker said he was aware tnat hanpened.
Mr. Ketroser asked Mr, Barker to stoF and think about the economic factors
involved for the o:-mers of hi & I before he said they should just oack up �d
move. He stated that rf & I was a good business in the CiLy� and Fridley saould
pror,roie every consideration to help them to expand, He said that I�1 & I had
expressed their complete willingness 4ri th the City tn beautify the area. ;Ir.
Barker said he saw those problems and s,yr.ipathized with them, but the,y iaere
damaging his property by doing tnat, He said i�t & I�;as asking Fridley to use
about $10,000 zaorth of land that they legally could not build on norr. Mr.
Ketroser said the average resident would not make the issue out of this that
Hr. Barker was� and said..he thought hir. Barker was making a nountain out of a
molehill.
Chairperson Schnabel said these people could put an addition on their building
and stay within the code, but it wouldn't be very aesthetically pleasing. Mr.
Barker said he didn't think they could build anything there without getting
a variance. Mrs. Schnabel shoi•red where they could buiZd without a vaz�iance.
Mr. Hetroser said they could conform the building in a very acakward shape, but
he didn't think Mr. Barker would like what it looked like. I•+s. 9arker said
that was possible� but iahen they went in for a permit there night be problems.
Nr. Kemper asked bTr. Barlcer if there was any kind of rear-yard construction
that would be acceptable to him, and Afr. Barker said he didn't think they could
transplant trees big enough to cover up the building once the addition was built.
Mr. Kemper asked if there was an,y type of landscaping that would help solve
any oS his visual problcros, and Tfr. Barker answered a fence and massive trces.
Mr. Kemper stated they had an impasse and asked if there tiaas any way the visual
pollution could be reduced, Mr, Barker stated he didn�t think there was. He
said he planned on selling his house soon and felt the appraisal would be lower
because of this. Mr. Furna asked Pir. Barker iS he was looking for monetary
� �
.Frldl�y Appenls Commission Meet�nv of Au�ust 10� 197b Pap,e � ,
compensAtion� and he answered he xould r�lther have them not build the nddition.
tfOTICli by Plemel, seconded Uy Barna, to close the F'ublic Hearin�. Upon a voice
vote� all voting aye, the motion carried unanimously.
t��r. Kemper asY.ed Mr. Holden to exoiain the potential changes that were bei.ng
considered concerning the shrubher;r and �reen spaces shown on t•he pl<vmin�, chart.
t�+r. H�lden said it rras an ov=rall Inncscape program where anyihing that would
be deve].oped by i.he property o.rners i.onld 'oe cleared through ihe City. He said
the real Fn:rpose �:as to Lr,y io ma:e tnat area a more pleasing place. Mr.
Kemper asked if the variance was denie; if ii rrould Ue I�`,r. Holden's opinion
that ine ^roposed landscape plan would not be affected at this time, and iir.
Holden said he thought that xas true, ?�ir, Kemper then aslced if this rras
approved and accepted by Council if ii ;aould be afSected, and I�ir. Holden
replied it would. Ae added that t:�e ,:,stter of developing and improving landscap�
prograr�s uas an on-going process and took a lot of planning and patience.
Mr, Holden said that the question had been brought up regarding trees as a
possibility for screening the building off from the residential property to
the rear. He said it would certainly be more expensive than typical lznd-
scaping, out it seened possible to previde trees that would 'oe as high as the
building. Chairperson Schn2bel oointed out tnere were not a lot of trees on
the property inmediately beh=nd Yrhich orot•ided any screening f'rom the existing
structure. Mr. Remuer conunezted that there wouldn'i be a great deal of property
left to plant trees on after the bnilding w�s censtri:cted.
Chairperson Scnnabel said that she i:nderstood anat was bei.ng nroposed by the
City was a privacy fence or screenin� ience put on tne lot line dir�ctly
behi.nd the structur2 and some t3�e oS snru�ber,y planted. She asked iF that
shruobery would go on ine resideatial nroperty. Nfr. Hoiden replied it 14Jll�C�
be on the comnercial side of the fence. �irs. Schnabel asked if the 10' tiride
strip of land fron the rear of t'r.e proposed bui2ding to the screening fence
and shrubbery was a reasonaole a:�ount of lznd for p��.rposes o£ saiety, p4r. Holden
replied it was� and explained there was access to three other sides of the building
for fire•-fighti.ng purposes.
Atrs. Schnabel said that it svpea^ed they had a problem in that the petiiioner
wished to expand his business and was, i.n a sense, locked in since there iaas
not much property that i•ras available oa :.:ich he could expand. D;r. Holden
remarked that a proposed addition to tne ?dorth would not get anyr�here near
the squ.se footaoe as this proposal.
Mr. Plemel said he was hopino a bit oi a compromi.^,e could br iaorked out� but
tt appeared the nei�hbors in the rear were auite adamant, ile s�id he would be
in favor of tiie variance with some screening iti tiie rear� and thought the
nei�libor�s oUjections were n bit nagnified.
Chairperson Schnabel said it seemed to her that even if the Uuilding was
moved northwards� it toould still have to co:ae back as Yar as it was in order
to �ai.n the aTOUnt of space that they want, and would encroach even ilzrther.
Shc stated it Has a very di:ficult thing. Mrs. Sck;nabel added that she wider-
Tridlr.y Appeal.s Commi�sion Mr.eting of dugtist 10� 1976
Pa�e b . f
�,
. ,
stood the petitioner wishing to make a neater building by makin�; the structure
look us aesthetically nice as pos.,ible. She a�ked if he intended to use the
sarne exterior material that they had now� and P;r.•Goldstein said it would be
the snme type of building that was there now--painted concrete blocks.
Chairperson Schnabel asked what the existing heip,ht of the building was, and
Mr. Goldstein reolied the North end oias about 1!�' where thcy had cold storage
nox, and they wanted to keep it that particular height.
Mr. Remper stat�d that whichever way the decision was made, one party or
another would be unhappy. He said the question they had to asY, was rrhether
the area was going to be essentiall,y improved by this addition or would it
tend to deteriorate. He stated ihat after hearing all the things that had been
said and looking at the pictures, it was his belief that it would probably
ultir.�ately result in improvement to that commercial area. He said it may
de�ract from private property owner's value, but it may not, and it was difficult
to decide. He said he would be inclined to approve the request for variance
because of the advantages of the proposed screening and the advantages of
continuing to attract business to Fridley and allow those people in business
to expand where possible.
Mr. Kemper asked Mr. Goldstein if he had thought of a different tyoe oT roof,
such as a false mansard roof all the way around the structure�to make it more
aesthetically pleasing. hir. Goldstein said he hadn't considered it. Chairperson
Schnabel asked if he would like to consider that to perhaps make the building
a little nicer as far as the neighbors were concerned� and Mr. Goldstei.n said
he could look into i�.
Tir. Holden commented that from the discussion it seemed like Mr. Goldstein
wanted to increase the height to about 17'. Atr. Goldstein said he decided
against that, and added it wouldn't be any higher than the parapet heignt.
He said they would maintain the 111' height.
Mr, Barna said he would feel more confortable with this if he had seen some
type oF drawing of the proposed buildin;. Air. Goldstein said it iaould just be
a block buildin� squared off. r1r. Barna stated it didn't hit him as being
very desirable, but if there Has a good architectural design possibly the
neighbors frouldn't object.
Mr. Schmidt stated he didn't hear Mr. Goldstein's answer regarding the height
of the building, and I�1rs. Schnable told him the petitioner said he kould go
no higher than the 17'� and may stay with the 1)�� because of the drainage
problem on the roof. N,r. Goldstein explained that when he was talking about
1�' he meant tlie interior. He said the ceiling height in the new structure
would be about the same ns in the eaisting structure. Tir. liolden stated that
the petitioner does not propose to raise the height of the ceiling or the
roof any more than it is. He said the roof will come closer to the nei�hbor's
property� but not up, and the parapet wall would be extended back. He added
that the hei�ht of the building would not change.
Chairperson Schnabel said that if the memUers of the Commission felt they
xould like to see tin actual drawing of the proposed addition� they could consider
,�
F'ridley Appen].s Commission Meeting oi' Aup,ust 10� 197G
Pt��e 7
tabling the request until such drauin� was producod. She said if Lhg�i'elt
they m�derstood and felt secure that the petitioner explained exactly horr
he intended to makr the proposed addition without any drawin�;s, they could
•act on it. Mr. Kemper said he thou�ht he rr.ally didn't have to see a plan�
and would prefer to act on it. 14r. Barna said he would �;o alonp, with that,
Mr. Plemel asked if they could stipulate that large trees be planted. Mr.
Schmidt said he worked with trees and sug�ested they would cost bet�reen
$$s to :�].00� planted, hTr. Kemper asked 1:r. Holden if he thou�;ht this could
be worked into the landscape plan, and P3r, Holden replied he thoughi it could.
Mr. Kemper asked where the trees xould be planted, and Mr. Holden sai.d they
would have to be planted ver,y close to the fence. Mr. Aarna asked if i•1r. Barker
would object to the trees being planted on his property, and ;4r. Barker said
he would be willing to take trees anywnere ne could get them. He added that
his only concern with this whole thing was that they were going to dam�e his
property by doing this, and adde3 that he vras an appraiser and he knew this,
Ne sug�ested that if the owners of M& I didn�t think it would damage his
property they should pay for an anpraisal before and aftPr.
Mr. Goldstein and his attorney stood up and prepared to leave� saying they
were ready to drop the whole thing. Afr. Plemel asked them to please reconsider.
rfr. Kemper said the problem that they faced was that even if the ;opeals
Commission was in favor o£ the variance�,I�ir. Goldstein vrould still have the
Planning Comni�sion to go through and then the City Council. 2�frs. Schnabel
exp�ained the Planning Commissior, would just revies,* the minutes of tnis
meetir,g� and the City Cauncil would have another hearing on it.
MOTION by Plemel, seconded by Barna, that the Aopeals Co:nmission recomn�end
to Council approval of the request for variances with the folloc•;ing stipu.lations:
1) The block plan fo: improveiaent o£ the landscaoe {greener•J and shrubbery
planted on the East, i°iest and South) be ir,,plemented, and 2) The roof design
be no higher than the original building and the parapet no higher. IIpon a voice
vote� ail voting a;�e, the motion carried unsnimously.
Chairperson Schnabel informed Mr. Goldstein that this would go before the
City Council on September 13th.
2. A RG�UEST �OR A VARIANCE OF S�CTI 7 2�5.053, 1�, A, FRIDL�Y CIT CODE, TO
REDUCE TH EOUIRED FHONT YARD 5 iBACK rRO:; 3S F�ET TO 2o FB � TO ALLO'��I
TIiE CONST1tUC ION OF !uY ADDITIO TO r'il�i ERIS:ING ATTACi'r^,D G^ iG�, LOCATr.�7 ON
LOT 1� BLOCh BROOFVIEW TL�;9r Cr, ADllITI0;7� THE SAAi� EIt' 620 K�NNASTO\
DRIVE N.E., FR LEY, 1fIidiV�S�'1'A. (Fequest by Arlin �. ers� 820 Kennaston
Drive N.E.� Fri Zey, Piinnepfota 55�32)•
MOTION by Barna, seco
vote� all votin� aye�
Plemel� to open the Pub
ion carried unanimously
. Upon a voice
A. PUBLIC YURI'OSE � tVI� bl� 1tEQUIREP:FSIT: .Se ion 20�.053� �tA��f'ront yard
setb3ck of 3y eet.. \ �
Fridley Appenls Commissi.on Mceting of Augu3t 10� 1976
Page 8
Rzblic purpose served by this section of the Code is to allow for off-street
parking witnout encronching on the public right of way. Al:,o, the aesthetic
conside:at.icn of the nci�;hborhood to reduce tt�e "building line of sight"
encroachment into the neighbor's front yard,
B. STATED iiATiDSHIP: Need garage space� have no other practical way to go.
C. AD2iIyISTc2ATIVE STAFF I?�VIEW: 820 Y,ennaston Drive N.E, is an unusual lot
in that its enti.re front yard is on the street radius. On a typical lot
the proposed addition �ould be in tne side yard, but in this case, it
comes closer to the front property line than the required 35� setback.
The addition will not be allowed to encroach into the Southerly 6� of the
lot due to the presence of a dra.inage and utility easement. Addition
on to the rezr oF garage w*ould not be a very �practical' solution because
of shifting cars in the garage znd the already reduced size of the back
. yard.
Staff feels that the neighbox's concerns would be the most important.
Staff has no objection to this request. •
Mrs. Arlin Peters stepped forward to present the request. She stated they had
an existing single car garage and were proposing to add another l� car garage on.
She explained t7ey would hoth be used as garages with some storage space. Mrs.
Peters said she had a note from the adjacent. neighoor si:ating they had no
objections to the addition.
r:OTION Uy °lemel.� seconded by Kemger, that the Appeals Commission receive
the note £rom A:rs. Loretta Pastwa, �'60 Kennsston Drive Td.E.� Upon a voice
vote� all voting aye� the moi;ion casried unanimously.
Ass. Peters explained they always had one car sitting out now� and in the
swmmer there ti:ere usually both cars because o£ bicycles� larramowers� etc., in
the esisting garage. Sne stated ihey planned to reside and reroof the house.
Chairperson Schnabel asked if there was a City boulevard, and Air. Holden said
there vas a 7' boulevard. She asked if the structure next door was some
considerable disiance from the comnon lot line, hir. Holden said he didn�t have
a verif�ing survey, but thought the house was built about 20' fron the property
line. Mr. Kemper commented that seemed like a lot of room between structures
to him. He said he thought there was a visual problem, but there was a lot of
green area and he didn�t thin;c the visual problem would be particularly great.
Atr. Barn& said he thought thcre would be plenty of view for safety purposes.
bfr. Holden sated there would be about 5� of the garage sticking out.
Mrs. Peters said the,y had a boat, snoH�mobiles, bicycles, etc „ and really needed
the spaca. She added they also had two children who were approaching driving
a�e.
T:�TION by Farna, seconded hy Plemel, to close the Public Hearing. Upon a
voice vote� all voting aye, the motion curried unanimously.
Mr. Barna stated the need had been cstablished, and the Uuilding line of sight
encroachment uouldn't bc.th;it great iii his opinion, so he would be in favor.
Alr. Plemel said that since there were no nei�hbors oUjeci:ing� he would huve no
a
. ;- e
i
f
I
i
i
I
�
PUBLIC HEARIN6 MEETING OF SEPTCIdCER 20, 1976
Page 6
1•1�
it showed a figure of over $200,000 for revenue sharin�, and it was in the hope that
the revenue sharin9 wi11 be extended in 1977. Ne further pointed out that if the
proposed budget is accepted by the City Council, they were tevyina approximately 14.07
mitls for 9eneral operations; .26 milis for retirinq Civic Center bonds which are still
running, and .33 mills for the Capital ]mprovement �und, naking a total of 14.66.
Therefore, the general fund operations mill rate would be a little over 14�mills.
In a review of the bud9et this year, 58,000 is beinq provided for human services, 55,000
in the Park and Recreation budget and $3,000 provided in the Community Development
budgei. Also, there is a provision for 56,000 for next year for con�munity celebration
funds.
Mayor Nee then asked Mr. Qureshi if the ne�a budqet was basicatly the same as in the
past and be responded it was with slight modificatioos. �Mayor Nee briefly stated
that as a matter of information, the administration has been moved in the direction
of program base bud9eting in which they attenipt to identify the real cost of Lhe
various ;ervices that the City provides. He further added that he believed this to
bp a very well analyzed bud9et. He asked for a:�y comnents on the subject, and tliere
Nas no response. Mayor Nee mentioned that the documentation of the budget was availabte
at the podium.
REYENUE SHARING FUNDS:
�wyor Nee then asked to move on to the use of the revenue sharing funds which are over
5200,000. Nr. Qureshi proceeded to discuss the matter stating tha+: we anticioate �
� the half year payment in i977 if the proqram was not extended by Con9ress, this ���ould
force the City to draw on tf�e reserve money we carry for the City's operations. Also,
it Nould potentially strain our contingency fund area, He furtl�er stated tha*_ a
review has bee:i 9iven outlinin9 revenue sharing covering proqrams which would give
approximately 53,100 to the Finance Department, $41,780 to the Police Departnent,
54,738 to the �ire Department, 59,9b0 to Conmmnity Development, $11,900 to the Civic
" C�nter, �1,1g5 to Engineering, $48,150 to Public Works Maintenance, $52,437 to Parks,
and 527>835 to the Naturalist Department.
Mayor Nee then asked if there rrere any questions from the City Council or anyone else
on the matter, and there was no response.
MOTION by Councilman Starwalt to close the Public Hearing. Setonded by Louncilo-roman Kukm;ski.
Upon a voice vote, all voting aye, M1tayor Nee declared the motion carried ur.animously and
the PubTic Hearing closed at 10:14 p.m.
OLD BUSINESS:
�CONSIDERATION OF VARIAMCES REQUESTED BY M R I SOPPLY COM17PANY, INC., 6005 UNIVERSITY
jAYENUE N.E. TA6LED 9/73/76 :
+Mr. Wayne Benson, the contractor with Shepherd Construction, stated that the Appeals
'Commission granted the requests for variances with stiputations, and they have been
;agreed to. Mr. Tom Gedde, City Attorney's office, stated that he and Councilman Hamernik,
�prfor to the meeting, discussed the criteria for 9rantin9 variances generally and also
i whether or not stipulation5 r.ould be attached to the variance. He further commented
' that the first consideration for the Council is to determine whether or not there are
� tirtumstances uniGue to the particular property, such that the strict enforcement of
:� the ordinance would create an.undue hardship to the property owners. In addition, the
:� granting of the variance should not be unduly detrimental to the public wetfare or
� j�3ure other property.
Mayor Nee then asked Mr. Gedde if, in his opinion, ther� was an area that could be
�� considered a valid hardship, lt o-�as Mr. Gedde's feelin9s that the fact that there
� couTd be an econoinic hardship to a particular property owner, if he or she is unaAte to
expand, is not necessarily a unique circumstance.
►1r. Benson then commented that the hardship would 6e the possibility Df M& I not being
ab]e to buy on a large volume Gasis, and the storaqe is needed for that purpose, and
the inconvience and hardship woutd fall upon tlie people who use the services of P7 8 I.
Also the hardship of the emplcyees who live in Fridley who �aould liave to drive else�ahere
to be able to still work at "1 & I should M& I Ge compelled to move to larger quarters.
1JO
PUBLIC HEARIP7G MEETING OF SEPT�I6ER 20, 1976
Page 7
Mr. Barker, who lives behind F1 & I Supply, Co „ Lots 14 and 15, was present and stated
that he would not like to see the buildin9 expanded. 11r. Benson then asked Ftr. Barker
how long he intended to live at his residence and he responded approximately for one
more year.
Councflman Hamernik stated that althou�h the City apprecfates �1r.
for' the past sixteen years, however, the property owners situation
considered. (This item was dSscussed further after the recess.)
RECE55•
Mayor Nee called a re;ess at 70:20 p.m.
RECOMVEPIED:
l9zyor Nee reconvened the meeting at 10:q5 p.m.
(M & I Supply Company Inc Variance Request Continued)
Goldstein's business
should also be
!� Councitman Namernik then stated that after much consideration he feels that the land;capinq
improvements to the area are going to be of some beneiit aesthetically and the property
' will not be devalued. In addition, one of the unique or at least unusual circumstances -
� of the property owned by M&.I is that althou9h it is zoned conmercial, the size of the
r�� lot is minimal mhen compared to most commercial lots in Fridiey. Therefore, to require
M L I to abide by normal set back requirements on a minimum size lot would cause an
t undue hardship and reduce the value of the property as a commercial property. Further,
� the stipulations imposed on the granting ofi the variance will prevent significant adverse
. effect on the value of adjoining properties and that more harm would be done to the sub,ject
property by refusing to grant the variance than will be done ta the nei9hbcring properties
by granting the variance.
MOTION by Counci7man Hamernik to grant the variance as per fhe recormendations of tbe
Rppeals Ccmmission with stipulations as stated, wjth the addition of stipulation tlo. 3
tequiring a mansard on the west and south sides of the buildin9, stioulation tJO. 4
that there�be a six foot hi9h fence and the plantinas as noted on the submitted plan
of September 13th, 19�6 by,11 & I; and No. 5 that the outside develonment and landscapino
be completed by July 7, of 1977. Seconded by Counciluroman Kukowski�. Upon a voice vote, ��
all voting aye, Mayor ��ee ded ared the motion carried unanimously.
,yTMayor Nee then asked to take Item No. 10 on the agenda next.
Mayor Nee then stated that the first item is the consideration of second reading.
However, he further stated that it would be in order to make a motion to receive a letter
from the Reverend McChesney.
MOTION by Councilwoman Kuko�aski to receive the letter from Reverend 11cChesney, dated
September 20, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee then continued with the consideration of :he second reading of an ordinance
and asked if there was ar,,vone who wanted to comment on it. Mr. Robert Shimanski then
comnented that he believed for the 6urnsviile Ordinance to be imposed iaould be very
Strict, since Fridley has had na ordinance and to adopt this would be goin9 from one
extren�e to another. Mayor Nee asked Ptr. Shimanski if he had somethinn specific he
wanted to niention concerning this and Mr. Shiinanski responded that he would like to
be able to have dancers at the Canterbury Pub two nights per week. Hayor Plee then
asked the Council if the ordinance had been circulated, and Councilman Fitzpatrick state4
that he believed anyone who had a tiquor license would be interested in it.
Mayor Nee comnented that he was not sure if this was a good ordinance for Fridley or not.
Councilman Fitzpatrick stated that he felt it was a very serious matter when there is
]5l
i' . .
PUDLIC HEARIiJG DIEETIHG OF SEPTEH6ER 2D, 1976 Page 8 , �
ar. ordinance to consider and it is constantly seen with a particular application. �t�yor
Nee stated that there ��as really no proSlem in nranting the license application on this
nuwtter and continue to work on the ordinance. Louncilwoman Kukowski questioned if
perhaps, the ordinance coulA be discussed further in one of the Council's discussion
9roups.
IiQT10t! by Councilman Starwalt to continue consideration of the ordinance �ntil the next
public hearing, October 18, 1976. Seconded by Councilnian F'itzpatrick. Upon a voice
vote, all veting aye, Mayor Nee declared the motion carricd unanimously.
MOTION by Councilman Hamernik to approve the license applicatiors for the Canterbury
Pub. Seconded by Councilww�an KuY.oti�iski. Upon a voice vote, all votinn aye, ttayor Plee
declared the motion carried unanimously.
NEYI CUSI`IESS:
CONSIDERATION OF STATEf1EMT OF CAtIVASS OF SEPTEF'BER 14, 19%6 PRI�fARY ELECTION:
lt0TI0ti by Councilman Fitzpatrick to adopt the Stateroent of Canvass. Seconded 6y
Counr,itman Hamernik. Uoon a voice vote, ali votinp aye, t•tayor Nee declareJ tne
motion :arried unanimously.
I�fayor Nee asked the City Councit to please si9n the canvass after tbe meeting this evenir9.
COkSIDERATION OF A REqUEST TO PUT UP AN I�IDUSTRIFlL DISPLAY TEfiT IN WEST PARKING LOT,
BY OPlAi'! CORPOFATI�PL' - - - '
MOTION by Councilman Starwalt�to approve the request for a disnlay tent. Seconded by
Counrilwoman KvY.er�skr. L�(wn a voice vote, all vetinn aye, tlayo; ";ee declared the moLion
carried unanimously.
RF.SOLUTiOPi N0. 9fi-1976 - CONFiP.�fIllf, ASSESStiEt1T FOR 7976 V:ATcft A.FlD Se4!'eR IiAtttS, LATERALS_
7CNC SERVI(iE COItl�lEC?IOtIS: -- �
MOTION by Councilrwn Fitzpatric� to adopt Resolution No. 96-1976. Seconded by Council-
trorcan kukowsL•i. Upon a voice vote, all votinn aye, Ma,yor Plee declared the raotiun carried
unar.is�ously.
R[SULUTION �r0. 97-1976 - COtIFIRNIFIf, ASSESSIIENT FOR SAHITARY SE41ER, HATER, AND STOP.t+
SEIf�(: 7hS�(2fS6'E�tEfJT PROS� T N. �-- —
D10TI01! by Councitman Fitzpatrick to adont Resolution Mo. 97-7976. Seconded by Lounc�l-
woman Kukomski. Upon a voice vote, all voting aye, Nayor Nee declared the r.�iotion carrieA
unanimously.
, LOhISIDERATI0�1 OF A RESOLUTIOY COtIFIRitIflf, ASSESSflENT FOR 5T. 1976-1 SThEET 1t1PROVE�IEYT
PROJ[CT: � -------
MOTIOM by Councilman Hamernik to �ble consideration of the resolution until the next
Council rceeti�9. Secended by Cowxilwor.ian Kukowski. L'pon a voice vote, all votin9 aye,
Mayor Nee dectared the motion carried unanimously.
CONSI�ERATION OF ADVISABILITY OF C11hF1GES IN NAP.D AflD PRECINCT B01J!•lDARIES:
Mr. Marvin Brunsell, 1'ir.ance Director, stated that he did not want to return ;his Lo
the State of Mirnesota without so^�e action from the Lity Council one way or the
other, mcaning lcavinn the nrecinct boundaries the way they arc now or with son�e
changes. He also stated that it must be done 4uicklv. If ine did re-dist�-ict now,
he could not see how it coutd 6e dorre on the basis of population as there is no way a
census could be taken in th9rty days, since this is ali the tin�e allowed to work on it.
Fi0110N by Cowiciln�3n Starwatt to leave the o-iard and precinct boundaries as thev are.
Setonded b,y Councilnian HamerniY.. Upon a voice vote, all voting aye, Itayor Nee declared
the motion carried unanimously.
YISITOR, MRS. SHIRLF.Y ERWIN, PROGIEIt OF TRESPASSEkS:
Mayor Nee asked if Mrs. Erwin wanted to address the City Council at this time.
APPEALS COMMISSION MEETINu - OCTOBER 11, 1977 Pa�e 5 4 D
ADPIINTSTRATIVE STAFF REPORT
7300 University Ave. N.F.
A. PUBLIC PURPOSE SERVED BY REQUIRE�4ENT:
Section 205.103, 1(F,3), requiring that curb opening in C-2 zoning
(general business areas) be no closer to the intersecting street
right of way than 75 feet.
Public purpose served by this requirement is to provide adequate
clearance from intersections for safe ingress and egress to and
from business properties, and to allow for proper traffic flow
in the vicinity of intersections in these areas.
B. STATED HARDSHIP:
Existing car wash business is obsolete and out of business (boarded up).
Former car wash building is no lonter an exit route. Site cannot be
used for gasoline sale without requested variance for double access from
73rd.
Co ADMINISTRATIVE STAFF REVIEW:
The proposed driveway opens are shown on the accompanying survey in
red ink, The opening closest to llniversity Avenue is approximately
100 feet from the westerly edge of the existing pavement on University
Avenue. It is just under 26 feet from the intersection of the side street
right of way. Tlie easterly opening is 26 feet from the intersection of
the right of way on the serv�ce road.
The City Engineering Oepartment points out that future development South
of 73rd at this point, and possible extension of 73rd Avenue tb East
Ri�er Road would necessitate a median on 73rd near this intersection.
This would create a potential traffic hazard problem for egress from
the easterTy most opening as requested, and may even affect traffic
flow at the western opening.
The City Planning Department and Public Works Director point out that
the original intent of the University Avenue "loop backs" was to
eliminate openings close to signaled intersections in order to save
lives and reduce accidents. They also point out that the traffic
situation and loop back access have been discussed in dQtail with the
petitioner in the past. It is suggested that an entrance off the service
drive and exit agreement with the White Knight Carwash can be worked out.
APPEALS COMMISSION MF�TING - OCTOBFR 11 1977 Pa�e 6
�E
Mr. Steven Coddon of 1595 Selby Avenue, St. Paul, the
property owner explained to �he Commission exactly what the
plans were for the property at 7300 University Avettue NE.
He said that the former business sold out. He said that
a self-service gas station was being planned for the
property, He said that the proposed business would not
wash cars and that there vaould be no changes to the
building. He said that the curb cuts were necessary to
get the business into the gas station where they can
purchase the gas and then be able to exit back onto
73rd Avenue. He felt that the curb cuts were necessary
for the property to function in selling gasoline.
Chairperson Schnabel asked about the existing signs
on the property.
Mr. Coddon said that the signs would be moved and
replaced by the Gas Company�s own identification sign.
Ms� Gabel inquired about the existing Real Estate
sign.
Mr. Coddon said that as soon as the curb cuts were
approved, the signs would be removed. Ae said that the
saZe of the property was contingent on the curb cuts.
Mr. Barna asked v�hen the proposed street changes would
possibly come about�
Mr. Holden said that there was no definite date.
Mr. Barna asked i£ the buyers of the property
intended to also utilize the drivetvays that were
located on the North side of the property.
Mr. Cresswell of 16245 Glengary Court, Rosemont,
said that they planned to keep all the existing driveways.
Mr. Barna asked if any of the existing bays would be
opened for any type of service areas�
Mr. Cresswell saifl that the existing bays would not
be used for any type of service area. He said that if the
bays riould be used for anything, they would convert them
to office area for use solely by the Gas Company.
Mr. Barna asked if the station would be entirely self-
sernice.
Mr. Cresswell said that it would be entirely self-
service. Ae said that it would be a 24-hour operation.
APPEALS COMMISSION MEETING - OCTOBER 11 1977 Page 7
4F
Mr. Coddon explained to the Commission exactly what
the proposed traffic flow would be.
Mr. Cress�rell sho�ved the Commission pictures of gas
stations that the Gas Company presently ovmed and
operated. He said that the decor v�ould be basically the
same as the one oxi the pictures,
Mr. Cressvrell discussed several of the different
options that had been suggested to him. He said
that the requested way was the only option that they
wanted to consider since he felt that they would enable
the best, safest, and most desirable �vay for the Gas
Company. He said that the trucks coming into the Station
needed enough space to maneuver without any hazardous
situations.
Chairperson Schnabel asked if they would
consider only one opening on 73rd Avenue for entry
and then have the customer exit onto Commerce Lane.
Mr. Coddon said that it would be entirely
unsatisfactory. He said that it would be too much of
an inconvenience to the customers.
Chairperson Schnabel questicned the potential traffic
problem that rrould result from traffic turning from
Commerce Lane and traffic exiting and entering the
proposed Gas Station.
Mr. Cressv�ell said that potential traffic problems
urere always encountered uvhenever one street v�ould enter
another street. He said that people would be, and always
are� expected to be cautious aJhen entering into an
intersection. He said that the main reason for the
request was to make entrance and exit easier for the
big trucks that would be using and servicing the gas
station.
Chairperson Schnabel said that by measuring 75 feet
from the lot line to the West, that the beginning of the
opening for a driveway would come almost directly across
from the gas pumps and as discussed previously that would
not have been desirable or safe entrance.
Mr. Barna said that if they widened and made more
attractive the northern-most driveNay on the property
that many people ivould choose to use that drive�vay�
He suggested that the buyers make the two existing
driv8ways into one extra-rvide driveway.
MOTION by Mr. Barna� seconded by Mr. Plemel to
close the Public Hearing. Upon a voice vote� all
voting aye, the motion carried unanimously. The
Public Hearing was closed at 8:37 P.M.
APPEALS COMMISSION MLETING - OCTOBER 11 1 pa e 8
�� G
Mr. Plemel said that the request defeated the purpose
of loop backs. He said that it would be easier to deny
ihe request if it had not been violated so many places in
the City�
Mr. Barna couldn�t foresee 73rd Avenue getting the
same usage as P4ississippi or Osborne Road.
Mr. Holden said that there vras a lot of contingencies
involved in the development of 73rd Avenue, but there was
the possibility.
Mr, Barna said that he would have no objections to
the request with the projected traffic patterns as could
be seen in the area usage.
so t ere Gould beia potentialeforsdangerentShe saidtthatic
she �vould like to see the drivesvays onto the Commerce Lane
widened and improved, vrhich would probably encourage
people to use it.
Mr. Plemel said that there Nas presently already
greenery on the North boundary of the property. He �=rould
also like to see the driveway onto Commerce Lane widened
and improved.
Mr. Cresswell said tha+. any suggestion would be
considered. He said that the light post that ivas
presently situated between the two driveways onto
Commerce Lane could be moved, He said that it would
be possible to consider making the tivo existing drineNays
into one large driveway. He said that whatever was done
would have to be done vrith the fact that it would have to
be easily usable by trucks�
Mr. Holden asked what type of sign was being planned
for the property�
Mr. Cress�vell said that they would use the Company
provided sign and it would be the biggest alloivable sign.
He said that he v�anted the sign to be readal�le by the
passing traffic. He said that as few signs as possible
would be used.
APPFALS CO1�+A4I5SION ME�TING - OCTOBER 1� 1977 Pa�e 9
MOTION by Mr. Barna, seconded by Mr. Plemel, that the
Appeals Commission recommend the approval of the request
for variance of the Fridley City Code� Section 205.104� t
(F,3), C-2 Zoning (General Business Areas), to reduce the
edge of a curb opening to the nearest portion of street
right of way from the required 75 feei: to 25 feet 10 1/2
inches, so there can be two driveway openings on 73rd Avenue
Northeast, locate8 on the south half of Lot 1, Block 3,
Commerce Park Addition, the same being 7300 University
Avenue N.E.� Fridley� Minnesota, tivith the stipulation
that the drive�ray openings at the northwest corner of
the property be a��to code�� opening to make entry and
egreas to that property more desirable.
Ms. Gabel said that the property ovrrier would close the
one driveuray and make the remaining drive�vay wider and
more aesthetically pleasing.
UPON A VOICE VOTE, Mr. Plemel, Ms. Schnabel,
Ms. Gabel� and Mr. Barna voting aye� Mr. Kemper
abstaining, the motion carried.
Mr, Kemper abstained because he returned to the
meeting too late to have heard all tY.e issue.
Chairperson Schnabel said that the item dvould go
to City Council on November 7, 1977,
3.
S,CTION
"_'._._. ..,.,• ♦�...y�..�.�., vy l:,ia.�uc LtiWi'Gil(:E.'�
ron on Street N.E�, Fridley� Minnesota 55432).
MOTION by Mr. Kemper� seconded by Ms. Gabel, to open the
Public Hearing. Upon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing was
opened at 8;48 P.M,
4 �!
APPEALS COMMISSION MEETING — OCTOBFR 11 1977 Pa�e 10
41
AOMINISTRATIVE STAFF REPORT
595 Ironton Street N.E.
A, PUBlIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053, 4,b (5,b) requiring a 25 foot side setback
for a corner lot.
Public purpose served by this section of the code is to reduce
the traffic hazards presented tiy an entrance too close to an
intersection.
B. STATED HARDSHIP:
Tbis is a small lot, and tUio trees would have to be removed
if I had to meet the required set6ack. No houses face Broad
Avenue so it would not inconvenience the neigh6ors. If I
had to meet the required setback, the cost and maintenance of
the additional driveway would make an economic hardsfiip.
C. AOMINISTRATIVE STAFF REVIE4d:
Field measurements show a 10 foot boulevard on the west side of the
property in question. The distance from curb to garage door at
the requested setback vlould be 25 feet. It should be noted that
the standard car length is approximately 20 feet, which would mean
that a car parked in driveway would encroach 5 feet into the public
right of way.
Atso, the owner is cautioned that this proposed contruction will
encroach on a private easement for well access. The City doesn't
involve itself in private easements, and recommends that the
petitioner possible receive legal counse7 and attempt to have
the easement vacated. It is our understanding that the "well"
is not longer in use.
APPEALS COMNfISSION MEETING - OCTOBER 11, 19�7 Pa�e 11
Ms. Lawrence of 595 Ironton Street NE explained to
the members of the Commission what she proposed to do. She
explained that if she had to meet all the cedes� she would
have to remove a tree that she would prefer to keep. She
also indicated that she would like to be able to have as
much green area as possible on her lot.
Chairperson Schnabel clarified what Ms. Lawrence
was saying. She said that Ms. Lav�rence had a 60 foot
lot and if she met the 25 foot setback and built a 2y. foot
wide garage, she would then be 1�9 feet back on the lot
which would bring her 11 feet from the neighbor's lot line.
Ms. La�vrence agreed with what Ms. Schnabel said.
Mr. Barna said that tvith tivhat Ms. Schnabel had
said� Ms. Lacurence would have to build the garage within
the drip line of the tree� tivhich vlould then damage the roots.
Ms. La�lrence said that next summer she planned to
remove the existing driveway and put a new drive�vay to the
garage. She showed the Commission, on the picture they had,
exactly where she proposed to put the new drivevray.
Ms. Gabel wanted to know what a private well easement
was.
Mr. Barna
easement was.
since the well
cited an example as
He said that in his
was no longer used.
i:o what a private well
case it ��ras immaterial
Chairperson Schnabel read a note dated September 21�� 1977
from Mr. Virg Herrick. '�1"Jell and well access easement is
private in nature. City did not request and �ras not deeded
easement. Easement was from one private party to another.
Vacation proceeding would not be in order since the City
has nothing to vacate. City can issue building permit as
per normal City Codes. Property o�vner should be cautioned
that even though the City issues a permit� it is up to the
property owner to satisfy in their own mind as to building
on easement being OK or go through some other legal procedure
to dispose of easement.��
Chairperson Schnabel indicated that if Ms. Lawrence
felt it �vas necessary to satisfy herself if that was legal,
she should go through some type of legal procedure to dispose
of the easement.
Ms. La�vrence said that she had done much checking on
the issue before she made the request. She said that she had
been told that the permit could be issued with the
stipulation that the City would not be responsible for any
ramification because of the easement and she indicated that
she would accept that responsibility.
t� �
APPEALS COMMISSION M�ETING - OCTOB�R 11, 1977 PaF,e 12
Chairperson Schnabel asked if it would infringe on the
tree if the request was made from the required 25 feet from
the property line on the side street to 20 feet instead of
15 feet.
Ms� Lawrence indicated that when she submitted the
proposal, she rranted the garage as close as possible and
she understood that she could make the request to 15 and
ihe Commission could move it to 20; but if she made the
request for 20, they could not move it to 15� She had no
problem with either 15 or 20 feet.
Chairperson Schnabel explained that the average car
length vras 20 feet which would mean that a car parked in
the drivetivay tvould encroach five feet into the public
right of ivay if she had the 15 foot setback. Thereby,
she said that if Ms. Lav�rence had a 20 foot setback
that problem would not occur.
Mr. Barna
upset the look
as it stood.
said that the 15 foot variance �vould not
of Broad Street or the traffic situation
Chairperson Schnabel asked how heavily traveled
the intersection of Tronton & Broad Streets was.
Ms. Lavrrence said that it vrasn�t very heavily
traveled. She said that it was a school bus stop.
Chairperson Schnabel said
relation to the intersection�
was to the rear of the lot.
that actually in
Ms. Lavrrence�s home
Mr. Barna said that the home tivas actually almost
100 feet from the intersection, counting the front yard.
Chairperson Schnabel asked when Ms. Lawrence would
plan construction of the garage.
Ms� Lawrence said she would begin as soon as possible,
Mr. Holden asked exactly how close the construction
would be to the tree.
Mr. Barna said
she would be in the
feet she �vould still
the tree.
that if Ms. Lawrence went back 20 feet,
drip line of the tree; he said at 15
be cutting some of the minor roots of
� ��
APPEATS COMMISSION MEETING - OCTOBER 11, 19?7 Paqe 13
4L
Chairperson Schnabel said that the Public Purpose
served by requiring a 25 foot side yard setback didn�t
really seem like a valid line of reasoning on this request
because it was not a question of being too close to an
intersection.
Mr. Holden said that it should have included the
provision of the encroachment into ihe neighbor's front
yard� which also didn't apply since this was regarding
back-to-back properties,
Chairperson Schnabel said that in this instance,
it really �vas not applicable. She said that she could
understand the 25 foot setback in terms of parking
hazards or something of that nature; she said that she
really couldn't see it as a possible intersection hazard.
Ms. Gabel said that she tivas glad to see her build
a garage. She said that it had to be kept in mind that
the home �aas small and people do need extra storage room.
MOTION by Mr. Kemper� seconded by Ms. Gabel� to
close the Public Hearing. Upon a voice vote, all voting
aye, the motion carried unanimously. The Public Hearing
was closed at g:09 P�M.
MOTION by Ms. Gabel� seconded by Mr. Plemel� that the
Appeals Commission approve the request for variance of
Fridley City Code, Section 205.053, 4,b (5,b) to reduce
the setback for any attacned or unattached accessory building
tivhich opens on the side street, from the required 25 feet
from the property line on the side street to 15 feet, to
allotv the construction of a 24 foot x 24 foot detached
garage on Lots 33 and 34� Block F� Rivervieti�f Heights
Addition, the same being 595 Ironton Street N.E., Fridley,
Minnesota� rrith the understanding that any problems resulting
from building on the �vell easement belonged to the petitioner
and the City r�ould assume no responsibility.
UPON A VOICE VOTE, all voting aye� the motion carried
unanimously.
Chairperson Schnabel explained that Ms. Lati�rence could
agply for her building permit.
APPEALS COMMISSIOId M�LTING - OCTOBER 11, 1977 Pa�e 14 4 ��
�+.
I � : f1
STAT� 1 ADDITIOPI, THE Sfu+IL BEIPdG 9 1 HILL'slI_ND ROAD NE
F DLEY i P?�1�50TA. Reques y Equi y Construction
ompany, 1 r treet� Excelsior� Minnesota 5533�).
MOTION by Mr. Barna� seconded by Mr. Kemper, to open the
Public Hearing. Upon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing was opened
at 9:11 P.M.
A.
�
C.
ADMINISTRATIVE STAFF REVIEW
PUBLIC PURPOSE SERVED BY RE�JUI�MENT:
Section 214.055, 4 requiring a maximum height for a
free star.ding sign in CR-1 (general office and
limited business) of 6 feet.
Public purpose served is to provide for control cf
small signs in the limited zone of CR-1.
STATED HARDSHIP:
Variance requested to permit sign to have visibility
from I#694, tivhich is some 12 feet higher grade than
site location of sign; and so that sign tiahich is
8 feet deep vaill not be buried two feet into the ground.
ADMINISTRATIVE STAFF REVIE"7:
The sign as proposed has not been located on the site
plan at this vrriting. It is possible that such a high
sign may be a detraction for the adjacent residential
areas.
Mr. Dick 6'Valsh of 561 3rd Street, representing Equity
Construction Company �vas present at the meeting.
Mr. Holden requested Mr. Walsh to indicate on the
dravring the exact location of the requested sign.
Mr. tiYalsh indicated where the proposed sign �vould be
placed. He said that the main reason for the request tivas
to enable them to have a sign that vrould have exposure to
Interstate 694. He said that the sign would have the
Rea1 Estate 10 Logo. He said that there would be ��lood
encasing around the poles of the sign and that the sign
e�ould be internally lighted. He said that the light tivould
be on a time-clock that �vould turn the lights on at dusk
and then Real Estate 10 v�ould decide at what time the
lights tivould be turned off.
APPFALS COP4MISSION M�L"PING - OCTOB�R 11. 1977 Pa�e 15 4 hi
Chairperson Schnabel asked if there rrould also be
signs located on the Real Estate office building in
addition to the requested sign.
Mr. �Valsh said that in all probability there would be
the Real Estate 10 logo signs located on the building itself.
Chairperson Schnabel read from the existing Code Book
regarding the wall signs. She said that the drawing they
had before them was shov�ing two signs to be located on the
building, she asked for e�cplanation.
Mr, Holden said that he �vasn't sure how the wall sign
subject vras being handled.
Mr. iNalsh said that whatever was done on the building
would be done according to the City Codes. He saa.d that
the main thing etas to get a free standing sign to
advertise that the building �aas in existence and also to
advertise the name of Real Estate 10.
Chairperson Schnabel vranted to kno�v the height of the
building.
Mr. Holden said that the highest point of the building
vras approximately 20 feet.
Chairperson Schnabel asked if the sign would be above
the 20 foot portion of the building.
Mr. 1"Jalsh said that possibly it would be about
1- 1� feet atiove that kighest point. He said that it
wouldn�t be extremely high into the air. He indicated
that very possibly the sign itself vrouldn�t be much above
the 20 foot point. He said that the additional distance
�vould probably be necessary because of the wood casing
that they �vould put around the sign.
Mr. Kemper ��ranted to knoiv exactly what the code said
regarding the request.
Chairperson Schnabel said that the Code read,
"Maximum Height of Free Standing Sign: Six feet above
lot grade".
Mr. Walsh showed the Commission different pictures of signs
that had been constructed by the Company he represented.
APP�ALS C01�4�tISSION MS�TIATG - OCTOB�R 1 1, 1977 Pa�e 16 4 O
Chairperson Schnabel indicated that a CR-1 and CR-2
zone basically covered Medical and office Buildings. She
said that for some reason that particular piece of
property had been zoned CR-1. She said that Real Estate 10
had to obtain a Special Use Permit to construct their
building on that lot. She said that because of the CR-1
zoning� the City still had to follotiv the Sign Code that
had been established for that zoning.� She said that if
Real Estate 10 had built in a regular Commercial District,
a 25 foot sign vrould have been permitted.
Mr. Lxdalsh said that that was the main reason that a
variance �vas being requested.
Chairperson Schnabel said that the real problem rras
that basically the area rras zoned residential.
Mr. 1'Jalsh said that they t�ieren�t planning to put up
any sign that �vould any way be offensive to any residential
property.
Chairperson SchnabeZ said that her biggest concern
vras the visibility of the sign over the top of the
building to the residential area that is directly behind.
She didn � t tivant a sign that �:rould be sticking above the
roof. She said that the area tivas very open land �tith few
trees and the sign vrould be most visible'to the surrounding
homes. �
There was some discussion by the Commission members
regarding the lot� and the zoning of the lots in the
nearby areas.
Mr. Walsh said that they �vanted to construct the sign
to be as close to 20 feet high as possihle.
Mr, Kemper asked if the building would have that type
of sign at all� if the request were denied.
Mr. lNalsh said that they rrould be advised not to spend
a lot of money for a sign that tivouldn�t be seen by the
public. He said that they ti��ould have to do something to be
able to inform people v�ho they �vere and exactly rrhat the
building vras.
Mr. Kemper said that the sign would be out of place
for the neighborhood.
APP�ALS COPR�IISSION MLTTING - OCTO]3ER 11 , 19�7 Pa�e 17 q p
Ms, Gabel pointed out that actually the sign tivas to be
used for identification purposes rather than actually
advertising.
Mr. ti'Jalsh said that any outdoor sign vras desi�ned
to accomplish trio purposes. He said that the main purpose
v�as to advertise the business and the other tivas a form
of sub-conscience advertising� as �vas the case of The
Real Estate Company; a purpose of keeping their name in
front of the Public.
Mr. Plalsh said that he felt the sign should be up
high enough to be visible from Interstate 694 which was
approximately 12 feet above the top of the building.
Iie said that they tvould like to have as much flexibility
as possible in placing the sign keeping in mind any
guidelines that the Commission rrould set.
Mr. Pla].sh pointed out that the Real Estate Agency
tivanted the m�imum amount of signage that they could
obtain.
There rras a brief discussion by the Commission
regarding the Sign Code that �vas in the process of being
re-v�ritten. This discussion took place on.ly for the
purpose of possibly seeing in what direction the neer
Code 1�ould be going. It tivas not actually a conclusive
discussion,
Mr. l'Jalsh said that Real Estate 10 did spend a
lot of money to have signs and advertising thzt appealed
to the public.
Mr, Plemel said that the point of the Free�vay 694
where the sign vrould be visible was actually such a
beautiful vie�v of the city� especially at night� that he
really didn't tivant that vievr to be ruined by a sign.
Chairperson Schnabel explained that the problem the
Commission i�ras having with the request �ras that after
agonizing over a lot of signs, a project committee made up
of citizens that revier�ed the entire Sign Ordinance vaas
organized. She said that a proposal from the project
committee vras in the process of being revieti�red by most
of the Commissions and vras ready to be revietived by the
City Council. She said that most of the citizen Commissions
of the City of Fridley had been made very conscience and
a�vare of signs because of the many discussions that had
taken place during the past year. She said that it eras
that a�vareness that tivas causing the Commission to take such
a hard look at the request.
APPEALS COMMISSIOP1AtFETING - OCTOBER 11, 1977 Pa�e 18
Chairperson Schnabei said that the public opinions
had been expressed to decrease the amount of signs and to
create a lotirer profile of signs in the City.
Mr. l9alsh said that he rras in favor of tasteful signs.
Chairperson Schnabel said that she didnit feel there
cvas any disagreements to the type of sign bein� proposed.
She said that it vras mainly the height of the sign that
vias being questioned.
Ms. Gabel said that the Commission tivas really
concerned about businesses. She said that the problem
was ho�v they could be fair to both business and to the
residents.
Mr. Vdalsh rJas in agreement to the suggestion that
the sign�rouldn�t exceed the highest point of the building.
Mr. Plemel asked if he meant the message part of the
sign� and that the border of the sign would be above the
building.
Mr. Walsh said that is trhat he meant. He spent some
time trying to cQnvince the Commission that the sign vrould
be nice� tastefully done, and would enhance the building.
Mr. Barna said that the Commission �ras discussing the
entire sign; the message part and the border.
There �7as much discussion by the members of the
Commission regarding ihe interpretation of the Sion Code
and how and ethere the top of the sign would be measured
from the ground. This discussion also touched on the
subject of exactly how much exposure efould be re:,eived
from Interstate 694 in regards to the amount of traffic
and the concentration that is necessary to drive on that
freeway.
Mr. Kemper asked why the 6 ft x 8 fi sign «as
necessary.
Mr. Walsh said that the sign would be made by a
vacuum press that makes a standard six foot sign. He said
that eight foot high rras decided on to make a large sign
that vrould give the appearance of being almost square.
MOTION by Mr. Barna� seconded by Ms. Gabel, to close
the Public Hearing. Upon a voice vote� all voting aye� the
Public Hearing i�ras closed at 10:13 P.M.
4�
APPEALS COt�tISSION M�i'TING - OCTOB�R 1 1, 1977 Pa�e 19 I} R
The Commission discussed exactly what height they would
stipulate the sign to be.
Mr. Barna rras more concerned about being sure the Sign
would not block the intersection visibility even mae than
blockin� the view from the top.
The other Commission members �vere expressing more
concern about the sign obstructing the vieiv into and out
from the residential area that completely would surround
the Real Estate 10 building.
MOTION by Mr. Plemel, seconded by Mr. Barna, that the
Appeals Commission recommend the approval of the request for
variance of the Fridley City Code, Section 214.055, 4� to
increase the maximum height for a free standing sign in
CR-1 Zonir.g (General Offices and Limited Businesses)� from
six feet to the maximum height of 17 feet from the
closest curb line at Hillwind Road NE to the top of the
finished structural member of the sign measured perpendicular
to the right-of-way line, to allow the construction of a
6 foot by 8 foot sign� to be located on Lot 1, Block 1,
Rea], Estate 10 Addition, the same being 951 Hill��rind Road NE,
Fridley, Minnesota.
UPON A VOICE VOTE� :4r. Plemel� Ms. Schnabel� Ms. Gabel
and Mr. Barna voting aye; Mr. Kemper voting nay, the motion
carried.
Chairperson Schnabel said that the item would go before
the City Council on idovember 7, 1977�
5.
Chairperson Schnabel explained that at the September 20, 1977
Appeals Commission meeting a stipulation had been put on the
item indicating that the petitioner could notify the I.isted
persons that v�ere required to be notified of an additional
variance from Section 205.053, 4b; 5as to reduce the
required 17�5 foot side yard setback to 16 feet, in vrhich
case� then the item �vould not have to go to City Council.
She said that it had been discovered in the process of
reviei�ing the request that the petitioner had not been
advised that they svould need a variance for a side yard
set back because there was an unvacated street at the side
of the lot.
APPI'AL5 COMMISSIOAI M�L"PING - OCToB�R 11 , 1977 Pa�e 20 1� $
Chairperson Schnabel said that the Appeals Commission
had felt that since it had been a Staff oversight, they did
not t�aant to put any undue financial hardship on the petitioner
who had to meet a deadline for the purchase of the house in
order to avoid a substantial increase in £he price of the
house.
Chairperson Schnabel said that there were eight
people that ��ere asked to sign a petition� and the
petitioner received all eight of the signatures. She said
that the signatures ivere received and the item did not
have to go to City Council.
MOTION by Ms. Gabel� seconded by Mr. Kemper, to
receive the subject petition. Upon a voice vote, all
voting aye, the motion carried unanimously. The
petition vras received at 10:37 P.M.
6. ADVISORY ST/�1DARDS FOR LAND USE R�GULATION
Chairperson Schnabel said that the booklet that each
member oS the Commission had received 1�ras most interesting.
She said it had recommendations from the Committee that
had been apoointed. She said that the actual boo�let
had been a joint effort by the Metropolitan Council fo the
Twin Cities Area and the Association of Metropolitan
Municipalities. She pointed out that most of the
suggestions ���ere minimum suggestions.
Chairperson Schnabel said that there were many
interesting items in the booklet and recommended that the
membexs be sure to read the information.
?. PUBLIC DISCLOSIIRE STATENIENT
Chairperson Schnabel indicated that each member had received
a Public Disclosure Statement and reminded the members that
they ti�rere due back by October 26, 1977.
ADJOURNPd�NT
MOTION by Mr, Barna, seconded by Mr. Plemel, to
adjourn the October 11� 197'7, Appeals Commission meeting.
Upon a voice vote� all voting aye, the motion carried
unanimously. The meeting nras adjourned at t0:41 P�M.
Respectfully submitted�
/!�LL�'�1��z.> _ �.Q L-(cc.��
MaryLee Carhill
Recording Secretary
LAW OFFICCS �
IRWIN KETROSER�
bli BWIOlRS ErLMnNGE BUILOiNp�
MINNEAPOLIS, MINNESOTA II6402
FEOCww� 9-�131
August 11, 1977
IK-3704
Mr. Nasim Qureshi
City Manager
City of Fridley
6431 University Ave. No.
Fridley, MN 55432
Re: M& I Auto Si117p19 Companv Inc
Dear Mr. Qureshi:
I spoke to Mr. Herrick and Mr. Sobiak about petitioning
the Appeals Board for extension of a variance that was qranted to
M& I Auto Supply on September 20, 1976. I am enclosing such an
Application. I used the same form that we used on the original
Application, except that I changed the language so that it is
language requesting an extension rather than the granting of
an original variance,
I trust that you will take the appropriate steps to
permit the Appeals Board and Council to act on this.
Mr. Herrick has indicated to me that he would recommend
to the Hppeals Board and the Council that the variance extension
be granted because their failure to comply with the work during
the one year period was wholly out of our control.
IK:em
Enclosure
Very truly yours
I N KE �SER
4T
�
I
6U TH
FOR: M& I Auto Stivnlr Cemnnnr. 7nc.
]w = 80�
6tIPT70Nt Imta 16� 17� 1R imd 19. Block 4r Fyde Park.
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�°""a. GLb l'b l 2I�IIOZ�O -
PLAPINING COMMISSION MEPTING - OCTOB�R 1 1 Pa e$ i� H,y
Chairperson Harris said that the vote on the previous
request for a Special,Use Permit by Mr. Jordahl had been
a split vote by the Planning Commission, "Mr. Harris
indicated that he had voted against it at that time and
that he v�ould also vote no on this request. He said that
a double bungalorr v�as not a proper use for that lot that
was in and totally surrounded by R-1 zonings. He said
that there ��as ne�tly built homes in the area and that the
lot in question v�ould not be an unsaleable lot. Mr. Harris
sa:i.d that he had taken the opportunity to visit Mr. Brickner�s
neighbors and for the most part, they did not feel that
a double bungalow �vould benefit the neighborhood.
Ms. Schnabel said that she also intended to vote against
the request and pointed out that had she been at the
meeting for the previous request, she vrould have also
voted against that one. She said that it vras not a proper
use of the lot in an R-1 zoning and she felt it ivas a
tendancy to spot zone. She said that the Heather Hills
area is all nei•1 construction and she felt that a sin�le
family d�velling consistent rrith the neighborhood should be
placed on that lot,
Chairperson Harris said that Mr. Brickner does a fine
job of building. He builds a quality house and he ivas
most impressed with his structures. He complimented
Mr. Brickner on his efforts in the Heather Hills area.
Mr. Brickner said that from the conversation that the
best use of the property �rould be to build a minimur,i
sized house on that property. He said that if he could
build a house in the right price range, he felt he
could probably sell it. He said that he couldn�t build
the quality of house that he crould like. He said that
he would probably want to build a house in the $40,000
price range.
Chairperson Harris explained to Mr� Brickner that he
still had the right of appeal to City Council. He said
that the Planning Commission only makes recommendations
to City Council� He said that City Council did have the
final vote.
Chairperson Harris took an informal poll of the Planning
Commission. They all indicated negative.
Mr. Brickner requested the withdraNal of the request. He
said that from the conversation, obviously the Commission
was against the double bungalovr and he did not wish to
persue the issue further.
t� II
Mr. Thomas Brickner t�rithdrer� the request for a Special Use
Permit� Sp {�77_�y; per Fridley City Code� Section 205�p51,
3�D, to allov the construction of a double bungalov� in R-1
zonin� (single family dr�elling areas), on Lot 1, Block 1,
Heather Hills, the same bein� 11+30-11�32 Rice Creek Road NE.
ornersrthat hadebeen invited�lonlyhone�sho�ed�uppatpthey
Public Hearing.
Mr. Togli said that he had never been contacted by anyone
with either of the Special Use Permits as to �rhether he
tivas for or against it.
Chairperson Harris said that he had gone to some of
the neignbors� but that he did not contact all the
neighbors, ,
Mr. Bergman felt avrklvard Nith the situation. He said
that Mr. Brickner had polled the neighbors and that
he had received little opposition; then he said that
Mr. Harris talked to neighbors, and they were very
much opposed; and he said that b1r. Schneider had talked
to neighbors and there had been a 50-50 split.
Mr. Ber�man said that vrith all the different discussions
laith the neighbors anfl then none of the people talked
to had shorrn up at the Public'� ee'aring�
Mr. Togli said that rrith that many ��polls�� and he still
. had never been contacted by anyone;
Ms. Schnabel said that peopZe ivere very reluctant t�hen
they are an adjacent neighbor to come and publically
anyidea,tbecauselthateneighbor hasntohliverin�thated to
neighborhood. She said that possibly many of the people
were personal friends of the Brickner�s and they rrere
reluctant to say something against the double bungalow
because they have to live with him as a neighbor too.
Mr. Togli was concerned about the term ��spot rezoning���
Chairperson Harris explained that it was allotived in the
Code that an R-2 (double bungalorv or duplex) be built in
an R-1 lot r�ith a Special Use Permit, providing that the
minimum Uquare footage of the lot was 10,000 souare feet
or more and has �/5 vote of City Council.
Dir. Togli asked if many r�ere granted. He asked if there
was a lot of spot rezoning allov�ed in the City of Fridley.
Mr. Boardman said that there have been about six requests
over the past fem months; but that only one had gone
through and that ���as the one at 1441 Rice Creelc Road.
PLANNING COP�MISSIODi M�ETING - OCTOBL'R 1 1 Pa e 10 �! J,J
3.
12z THURE H. ERICKSON:
-�L� +.�icvri l,vt� b� A1Vll AL
IT TO LOT ']� BLOCK 2� �Ll'JELL�s RIVERSID� HEIGHTS
PLAT 2� PER VERIFIED SURVEY AND COPY OF DEi,D� THE
SAME BEIPdG 75�5 anfl '7501 ALDEN 1'JAY N�E.
Mr. Boardman explained that Lots 6& 7 tvere owned by one
thetdriveteayavastallorredntohencroach�ontotLotLV6sbecause
he did ot�n both lots� He said that the party �vas planning
to sell Lot 6 and Mr. Erickson did not vrant to have to
move the driver�ay. He said that Mr. Erickson had arranged
v�3th the other property orrner to request a Zot split
so that the driveway i�rould be located ott Lot 7.
Mrs. Erickson of 7515 Alden t7ay N�E, vras present at the
meeting. She indicated that they had gotten permission
from Gity Council 15 years ago to put the driveir�}r at
its present location.
Chairperson Harris asked if City v�ould have to retain
any easements.
Mr. Boardman sai d that there erere no easements that
the City needed at that point.
MOTION BY P4r. Bergman� seconded by Ms, Shea, to recommend
to City Council the approval of the Lot Split Reauest�
L.S. �'77_12� Thure H. �rickson: Split off approximately
11 feet from Lot 6, and add it to Lot 7� Block 2, E1vJell�s
Riverside Heights Plat 2, per verified survey and copy of
deed, the same being 7515 and 7501 Alden Vday N.E. Upon a
voice vote� all voting aye, the motion carried unanimously.
4. LOT SPLIT R��UEST� L.S, �77_1j� DA VERNE CORPORATION:
LINE OP LOT tO�AND ADD�IT TO LOT � J�_
INNSBRUCK NORTH 2nd ADDITION, PER9VERIFIED3SURVEY
OF RECORD� SO HOUS� ON LOT 9 CAN M�ET ALL THE SETBACK
REQUIREMENTS� TAE SAME BEING 5468 and 5498 7TEST DANIIBE
ROAD N.E.
Mr. Boardman said that there rrere no
the setbacks. He said that the lots
the requirements crith the lot split.
lots uere oversized lots and the lot
be effected by the split.
problems as far as
tivould meet all
He said that the
sizes ivouldn�t
- OCT�BPR 19. 1977 _ pa�e 11 4�K
Ms. Schnabel v�anted to knoti�r horr the house at 5498 VJeet Danube
Road NE got constructed i�hen it didn�t meet the setback
requirements.
Mr. David �. Ficek of t393 16th Avenue NW (representing
DaVerne Corporation) said that they had interpolated the
35 foot setback as to r�here the house tvould sit. He said
that in order to save a tree on the North side of the
property the house was moved to the south. He indicated
that they ���ere 2�25 feet off the requirement on the
south boundary�
Mr. Boardman explained that that was the reason City
often required a survey after the foundation ���as laid.
He said that rrhen the building inspector goes out to
a site to '�eye�� the construction� all they sometimes have
to use are the stakes and sometimes the stakes l�rould get
moved and vrhatever. He said that many times there are
mounds of dirt, etc, and it becomes difficult to actually
"sight�� tivhere the construction ��rould be.
Mr. Ficek indicated the possibility of a financial
hardship on the property at 5468 and if that does
happen� then he v�ould be applying for a variance.
Ms. Schnabel asked rrhy Mr. Ficek hadn�t applied for a
variance instead of a lot split.
Mr. Ficek said that he didn�t like variances. He said
that people should stay rrithin the codes. He agreed
that it �vas difficult for the building insgector
to be able to ��eye�� if the building ti+rould be exactly
e�ithin codes. He said that if the lot split could be
done then both lots rrould be "legal���
MOTION by t�is� Shea, seconded by Mr. Bergman, that the
Planning Commission recommer.d to City Council the approval
of the Lot Split Request, L.S, ;�'77_tj� DaVerne Corporation:
Split off an 8�5 ft� tivedge from Northerly property line of
Lot 10 and add it to Lot 9, Block 3, Innsbruck North 2nd
Addition, per verified survey of record, so house on
Lot g can meet all the setback requirements� the same
being 5468 and 5498 6"Jest Danube Road NE. Upon a voice
vote, all voting aye, the motion carried unanimously.
Chairperson Harris declared a ten minute break at 9:09 P�pq.
5. CONTINUED: p?�ppOS�D MAINT�NANCE CODE
MOTION by hir. Bergman, seconded by Ms. Schnabel, to
continue the Proposed Maintenance Code until the next
meeting� Upon a voice vote� all voting aye� the motion
carried unanimously,
PLAAR�IING COMMISSION ME�TIPiG - OCTOBFR 19 1977 Pat�e 12
6. CONTINUPD: PARKS �tD OPPN SPACE PLAN
Mr. Bergman said that since the Parks and Open Space Plan
vrould be nevieered at a Public Hearing that it should be
e�cplained in the introduction that the purpose of the
document vras to identify problem areas.
Mr. Langenfeld said that to him erhat v+as being done ti+ras
a statement ivas being made and then it �vas ind:.cating ti�rhat was
wrong viith that point, and then the recommendations as
to how to change that tiJrong.
MOTION by Mr. Bergman that in the Introduction section a
statement be inserted to indicate, ��The purpose of
this Parks and Open Space Plan and the resulting sumraary
of findings is to identify inadequacies in the current
Fridley Parks System��.
Ms. Shea read Page 2� the last sentence, ��The plan is
an inventory of eYisting facilities and a guide for future
decisions about priorities for acquisition, park
development, provision of recreation service". She said
that that rrould cover i�rhat Mr. Bergman wanted inserted.
Mr. Bergman didn't feel that it did cover what he v�anted
stressed. He said that an objective inventory 1^rould
indicate both the bad and good points. He said that
the present Plan only indicated the bad points.
The motion died for lack of a second.
Chairperson Harris read Objective 4 in Section t�,
Summary of Findings:
Encourage the advancement of recreation opportunities
for all residents.
Ms. Schnabel felt that the first finding, ��The City�s
recreation programs do not reflect a v�ide range of
activities for ze sidents�� could be stated in a different
tivay so that it ti�ouldn�t be quite so negative sounding.
Mr. Bergman said that that idea could be done throughout
the Plan.
Mr. Langenfeld sai d that the Environmental Ruality Commission
suggested changing Finding 5 by deleting the term
nature study enthusiasts�� from the finding.
hir. Bergman said that it v�as a shame that Parks &
Recreation Commission ivas not represented at the
Planning Commission meeting.
�� LL
- OCTO�ER 19. 1477 o�m�
4 MM
MOTION by Mr. Bergman, seconded by Mr. Langenfeld� to
chanse the first finding to� ��There is a need for a wide
ran�e of recreational activities �vhich better reflect
the needs of the City�s residents��� Upon a voice vote�
all voting aye, the motion carried unanimousZy.
MOTION by Ms. Shea, seconded by Mr. Bergman, that finding
�5 be changed to, ��The City needs to better identify the
recreational needs of special-need groups r�ithin the
Community�+� Upon a voice vote, all voting aye, the motion
carried unanimously.
Ms� Schnahel didn�t think that Findings 6& � belonged
in this Objective. She said that they should be in their
otifin special section.
Chairperson Harris said that the Findings vaere aiming
at how Staff deals tvith the recreational opportunities.
Mr. Langenfeld said that Staff requirements needed to
be evaluated in order to enable the City to encourage
the advancement of recreational opportunities. He said
that these findings didn�t belong in Objective 1 because
Facilities r�ere discussed in that Objective�
P1s. Schnabel asked if it could be included in Objective 2.
Chairperson Harris said that Objective 2�discussed Park
Design.
MOTION by P4r. Bergman� seconded by A4s. Schnabel� that
Objective 6 be added to the Objectives and Findings 6& 7
under Objective L� be listed under Objective 6.
Objection 6 v�ould read, �tMaintain and/or establish adequate
professional and administrative park and recreational area
planning and activitiest�� Upon a voice vote, all voting aye�
the motion carried unanimously.
Chairperson
of Findings:
Provide
balance
a prime
Harris read Objective 5 in Section 4, Summary
for innovative space management to alloN
of use, freedom and control� tvith safety as
consideration,
There t�ras some discussion as to rrhat was meant by
��innovative space management���
Mr. Bergman asked what �vas meant in Finding 2 as to Nhat
tivas a recreational trail system����
Chairperson Aarris said it �vas ��ralkivays� bikeways, and
horse trails.
PLANPIING CGrR4ISSI0A1 ML'PTIDIG - OCTOBER 1 1 Pa e 1
Mr. Ber�man said that the City of Fridley already had that 4 ��N
system and that it v�as on paper and all that had to be
done �ras to implement the existing plan.
Chairperson Harris pointed out that it actually v�as ttot
in existence, that it hadn�t been implemented.
Finding 4 under Objective 5 ivas discussed next.
Mr. Langenfeld said that the Environmental Quality
Commission had asked that ��private areas�� be added to
the statement.
Chairperson Harris said that that ti*rould then include
Metronics and Onan's areas. He suggested the ti�rord to be
added be ��commercial��.
MOTION by t4s� Schnabel� seconded by Mr. Langenfeld� that
Finding y. under Objective 5 read� ��There is a need to
coordinate regional, county, city, and commercial areas of
park and open space interest to provide a ec—i quate active
and�pass_'zve recreational areas��.
Chairperson Harris said that ��commercial�� vrould mean the
driving ranges, miniture golf, pool halls, etc.
UPON A VOICE VOTE, all voting aye, the motion carried
unanimously.
P•4s. Shea felt that Finding 5 under Objective 5 should
read, There is a need to promote a better understanding
of the ecological systems and natural resources in the
City of Fridley��� She deleted the ti��ord "operating���
Mr. Bergman and Mr. Langenfeld indicated their
interpretations of that Finding.
Chairperson Harris next discussed the section on the
POLICY & RECOhII�1�NDATION.
Mr. Langenfeld said that the Environmental �?uality
Commission had suggested the deletion of the entire
first page of that section.
Mr. Bergman said that the Community Development Commission
indicated that the funding criteria in the Policy &
Recommendations section should be reivritten for clarity.
Ms. Schnabel asked if that type of information was
necessary to be included to get certain type of grants�
Chairperson Harris felt the time to give that type
of information rrould be at the time of application and
should beeset�firstpbefore�gettingatiedhdo�^mhto�certainules
percentages.
PLANNITIG COP4MISSION PIEPTIPIG - OCTOBER 1 1 Pa e 1
4 00
MOTION by Mr. Bergman, seconded by Ms� Shea� that Page 20
in the POLICY & R�COt4P4ENDATZON section be carried over
to the next meeting for revieti�� ��rith staff, Upon a noice
vote� all voting aye� the motion carried unanimously�
Chai.rperson Harris read Objective 1 of Section 5,
Policy & Recommendation:
Develop an order of quality park facilities
that r�ill be flexible to the chan�ing needs
of the community.
Policy 2 was discussed. Ms. Schnabel said that there
cras a need for a certain amount of landscaping in order
to provide buffers betti�reen active and passive areas or
betti�een tr�o types of different active areas. She said
that there rrere times v�here some type of landscaping
���ould have to be done in order to delineate the
different areas in order to provide a safety screen.
She didn�t think that the plans tivere to take the
money and invest it all in trees. She.said that there
vrould be an overall plan to use landscaping as an
integral part of buffers.
Ms. Shea said that it had been previously stated that
landscaping rrould be used as a form of buffering and
in the total layout.
MOTION by Mr. Langenfeld� seconded by Mr. Bergman,
to continue the PARKS AND OPEN SPACE PLAN. Upon a voice
vote� all voting aye� the motion carried unanimously.
Ms. Shea tivanted it noted in the minutes that the Parks
and Recreation Commission ��as not represented at the
October 19, 1977 pl�ning Conmission meeting. She said
that the Vice-Chairperson had not been notified, She
said that in the future all Commission Chairpersons
should notify the vice-chairpersons if they have the
opportunity�
Mr. Langenfeld said that he did not intend to �+poke�� at
fellor� commission members but he said that there seemed
to be a continual problem in that Commission as to not
being represented at the Planning C.ommission meetings.
PLANNING COMMISSIOPItRFLTING - OCTOB�R 1 1 Pa e 16
4 PP
Mr. I,an�enfeld pointed out that there tivould be a
"People�s Job in the Environment" held on Saturday�
November 5� 1977� from 9:00 A�M until �.:00 P�M,
at the St. Paul Vocational/Technical Institute
Zocated at 235 Marshall in St. Paul. He indicated the
different topics that taould be discussed and the people
that vrould be speaking at the seminar. He also indicated
the prices of the seminar.
ADJOURNMPPiT
MOTION by Ms. Shea, seconded by Mr. Langenfeld, to adjourn
the October 19, 1977, planning Commission meeting. Upon
a voice vote� all voting aye, the motion carried unanimously.
Chairperson Harris declared the meeting adjourned at
10;30 P.M.
Respectfully submitted�
��/Q/�� 1.�2�
P1aryLee Carhill
Recording Secretary
4 00
,
� -5P # 77-13 Inter City Builders
. Build a detached garage on Lots
1-4, Block W, Riverview Heights
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��7 ^S�7TATE OF
LIVUV��� LIC:-.)
DEPARTMENT
Jerry Boardman, City Planner
City of Fridley
6431 University Ave. N.E.
FridZey, Minnesota 55432
Dear Mr. Boardman:
OF NATURAL RESOURCES '� RR
October 18, 1977
Metro Region Headquarters
Division of Waters
1200 Warner Road
St. Paul� Minnesota 55106
I have reviewed the information sent to this office on Oct. 13
concerning Special Use Permit application� SP#�77-13� by Inter City
Builders to construct a detached garage at 609 Cheryi St. N.E. in
the Mississippi River Flood Plain. It appears as though the garage
will be flood proofed to an elevation of 4 feet above grade. I spoke
to Ron Holden of your office who indicated the existing site elevation
is approximately 819 or 820. Since the flood protection elevation
for the area is slightly under 824� the permit appears to be in can-
pliance with State flood plain managenent requiranents. Specific flood
proofing criteria may be found in the State Building Code.
At the request of Mr. Holden, I am enclosing two copies of Flood
ProofinQ ReQUlations, puhlished by the Corps of �hgineers. These
regulations constitute the bulk of the flood proofing requirements
in the State Building Code.
Sincerely�
�'/ 7 -_
,;'! ,.Ct�!-73 r % �•-t.a..,r.-.� c �.
y f
i
Steven J. Prestin
Land Use Hydrologist
SJP:sb
ADMINISTRATIVF SERVICES • WATERS, SOILS.�AND MINFRALS
GAME ANO FISX • ►ANNS��AND RECREATION • ENFORCEMENTA AND NEIDF SERVICE
�ad�.",�^Ys..�y)
a
Ordinancc No, —_ Cont,
S�CTIOV 7. AJminisfraCi.on: APpl
. PermiCS nnd Varin;ices
�
205.157
...;� , ,.
ation for Issuancc
�a) Administr;3tion; 1'he zoning administrator shall
administec.and enforce thxs,ordinance.
(b) SPecial L�se Permil• .
`--- - A Special Use Pcrmit shall be
applied for and obcained prior to the construction,
erecl-ion, addition or altcrati.on of any obstruction
tiiho ll y,or partly in.the prescrvation District.
��) Splication for i�crciit;
Use Pcrmi.l— s �n��r �his ordinancetshail�besmadeaby
tl�e owner or ocaners of Che land, in duplicate to
the zonin�; adniinistraCOr, on forms furai.shed by �he
City and sfiall be acco�Pani�ed initially by the City
and sha11 be acco:,�p��lied inil-ia11y by such of thc
iollo;aing infor;nation, data and plans, as is deemed
necessary by C��� Zoning ���irisi:rator for determinin�
compliance with this ordiiu r.ce, and for determinin� the
effects oi�the proposed activity in the Preservation
District and the buildability of the particular site
ior the proposed improverent, use or obstruction.
�(1) P)ans s±irface vi.e�o).incl.edi.r,o a survev b a
i�linnncsota re^istered
Lar,d surve�•or showing
.elevaLions or contours oi tlie ground, pertinent
obstructi.on elevations, size, location special
arranees:ent of al]. proposed and existing obsl-rvctions
on thQ site, in relation to existing and proposed
obstructions to the channel location, locat-ion and
elevations of the strcets, �•�ater supply and sanitary
facilities, photograpiis sho�aing er.isting land uses
and vegetation upsl-ream and docanstream, and soil types.
(2) Specifications for buildino construction and
mater?.a:s, floodproufing, filling, dredging, grading,
channel improvemenC, storage of materials, water supply
(including i�zt��dracial and discharge of grouad and surface
wcter), and sanitary facilitics.
\ .
�a) lnnlicati.on for Nariance; Application for variance
under Cl�is ordinance sh111 be made by the owner or
• owners of thcland, in duplicate L-o the Zoning Administrator
on forms fur��isLed by Cl�c City, y�ri�i�ces to the Crcek
and P.iver ProCection Ordinance MusC only be fvr reasons
of eacePtionll circumsCances w!�en tl�e strict enforcement
of fhis ordivance would c�usc undue hardsBip and strict
conformity with thc sCandards �aould bc unrc�asonablc, im-
Pr���ical �nd not tc�sii�le under the circumstnnces.
YAriances F;ranled under this ordinnqce must be consistent
wit1� the.genrral purposc of thesc st;tndards, Altl�oug�t
variances may bc used to modify permissablc wethods of
6
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Residence, ��• �•Y���i � /'�.S.S�C+ia��s li�C+.
Offiee
5809Pearaon Drive REGlSTERED LAND SURVEYORS 7312-42nd Ave.No.
Minnsapolia 22, Min�.. Minnea otia 27, Minn.
Phons+ Ka.3-8246 MinoasoM Registration No. 5522 Phone I(�. 7-6047
fOf MR. d''+i''�IES pR'DFRSl1N '� T�y, T f nnar......+;..., r,.
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I hereby certi:y that this is a trve and co:r�cc olat of
Lots 2,=,3 & 4, Bloc� i:, 3IV'a �?IGETS aL'D?TI:;,ti, .inoica County, .
dinnesota.
Book 4 {s survayed bq me this �tk, day of Septeober a.D. 19b1.
� " .
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•XsoM pasodoxd tT� ;0 3so� as� uF �oasact� �ot��ez� 30
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..r� n-� cr7n ^�n T�-f TE XO S.TFL'CIaT. :iO3 ��J� zi
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L.S. #77-12 ERICKSON �! I��!
Lot 6 a Lot 7 lock 2
Elwells Riv�ide Neights, Plat 2
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,TE 4F SURVEY
For.•
DA VERNE
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NOTE:
See attached sheet
for descriptions of
proposed division.
.Co/s 9r' /O, B/oc,F 3, /NNSBRUC�( NOf�Tiy
2 ^'O .4D0/T/ON, A�o�fv Coan/y, �Wii�i�P,rafa.
� noraoy prhf� �cut tr.�s i� o tr�� and corr�ct .�OnNntor�on of o surveY of tAe
�ndarqi cf in� aCUH OYGCriD�d lantl end of IM locahon ot all bwldinQs, !f anY,
ir�ur., onA pn rui6u �ncropc�mun�, A uny, fium or on to�a bnd.
E. G. RUD 8� SONS INC.
�.a inu?b"_a�Y o� s__�!., �e'l1. ,
br � ' . � .��
� Minn R�p No. O .
E. G. RUD 8r SONS, tNC.
LAND SURVEYORS
3847 155th Ave�ue N. E.
4noka, Minnesota 55303
Tel� 434-6606
!.
5
CHARTER COA'¢�IISSION
MEETING
May 24. 1977
MEP�ERS PRESENT: Clifford Ash, Elaine Knoff, Jackie Johnson, Kenneth Brennen,
John Swanson, Charles Langer, Jean Schell, Walt Starwalt,
Arne Takkunen
ME�FIDERS ABSENT: Raymond Sheridan, Jerry Ratcliff, Robert O'Neill, Ray McPherson,
David Berq, Tim F. Breider �
OTfIERS PRESENT: Marvin Brunsell, Finance Director
CALL TO ORDER:
Mr. Ash called the meeting to order at 7:30 p.m„ t•iyy 24, 1977.
APPROVAL OF MIViJTES :
MOTION by Mr. Srennan, seconded by N,r. Langer, that minutes of Charter Co�ission
meetings of January 18, February 15, P:arch 15 and April 19, 1977 be approced.
Upon a voice vote, all voting aye, the motion carried unanimously. Mr. �.sh
explained reason for 'nacklog on approval of above miriutes was lack of quorum
due to dramatic drop in Con¢nission meeting attendance after completion of
Chazter changes in January of this yeaz.
1. SWEAR IN NEW AppOINTEES: . �
Mr. Ash asked Marvin Brunsell to swear in new appointees to Charter Commission
present at this meeting, whereupon Mr. Brunsell administered oath of office to the
following: Jean Schell, Walt Stanvalt, Arne Takkunen; and those reappointed
to office: John Swanson, Kenneth Brennen, Charles Langer.
2. RECSIVE REPRINTED CAARTER:
Mr. Ash stated that all members should now have a copy of the new Charter
of the C3ty of Fridley as reprir.ted and recorded January 1977. He reviewed
briefly some of the background on Charter changes, stating that during the
February meeting there was a Committee report of new items which the
Com�ctission wished to review, and on which they would be holding hearings.
Mr. Ash recommended that all members have a copy of the new Charter, if they
had not already been provided one. We are not limited to suggestions for
changes outlined in February meeting, he stated, and asked all Commission
members to ieview the Charter and fhose changes and think about anp reco�nend-
ations they might have for change before the Commission meets again in
September.
�
CEIARTER COMMISSION
MEETING
July 26, 1977
MEFffiERS PRESENT: Ray Sheridan, Clifford Ash, Jackie Johnson, John Swanson,
Kenneth Srennen, Roy McPherson, Walt Staxwalt, Tim�Breider
ME!ffiERS ABSENT: Elaine Knoff, Jerry Ratclif£, Robert O'Neill, David Berg,
Jean Schell, Arne Takkunen
OTHERS PRESENT; None
CALL TO ORDER:
Chaizperson Sheridan called the meeting to order at 7:00 p.m.
1. SPECIAL MEETING CALLED-BY CHAIRMAN RAY SHERIDAN �
A. Code of Ethics Ordinance
Mr. Sheridan stated that a letter had been received from the
City Manager indicating that they would like comsnents on a proposed
ordinance establishing a code of ethics for city ofEicials. The pur-
pose of the meeting tonight, he stated, is to discuss and pass on to the
City administra�ion Commission i.nput with respect to this proposal.
Mr.. Sheridan also indicated that he had received a letter dated July 11
from David Berg, who is not able to be here this evening, which out].ined
some reservations he had regarding this proposed ordinance. bir. Berg
sent copies of his letter to bSayor Nee and Councilman ritzpatrick.
Mr. Sheridan said he had a call from the Councilman and he also has
some definite reservations regarding this ordinance.
Mr. Ash said that although he cannot object to the philosophy of
the proposal, he did feel that there are questions unanswered and wondered
if it is already perhaps covered in state statutes. All reports go back
to City management, he said, and he wondered how they will be administered
as there is no indication as to how reports should be used, Mr, Ash
questioned why they are reaching down to Commission level; that it should
apply more to elected officials and city employees, because they are the
ones conducting city business. Another thing he felt was that as an ordin-
ance it can be amended at any time by three people of the Council, and
maybe it better belongs in the Charter.
There was general questioning by members of the Commission as to
the urgency of the ordinance; also a feeling that it was too long, and
could be contained in one paragraph.
��
CHARTER COMMISSION MEETING, July 26 1977 Paae 2.
Mr. Sheridan stated that his first impression upon reading the proposed
ordinance was how would it aEfect commission membership within the city --
that there might be a feeling of invasion of privacy, thus discouraging
people from serving at all.
There was further discussion by all members regarding the need for such
a law if it is covered in Minnesota statutes; that it is not well
deffned in some areas; that it is too borad and far reaching in applica-
tion; that there are unanswered questions surrounding the filing, admin-
istration and final disposition of reports.
Mr. Brennan made a MOTION to send a letter to City Manager to the ePfect
that the Code of Ethics Proposal under discussion here properly belongs
fn Charter rather than as a City ordinance, and include in the letter
major questions coming out of discussion. Motion seconded by Mr. Swanson
and upon a voice vote, all voting aye, motion passed unanimously.
Mr. Starwalt indicated that he had hPen writing various questions raised
by members as follows:
1) Method of administration and use of reports; 2) Manner and means of
providing public access to filed disclosures; 3) Method of review and/or
reconciliation o£ alleged errors, omissions or actions; 4) How does this
ordinance differ from State statutes, particularly 471.88? 5) Possible
violation o£ privacy invasion statutes; 6) k'hen a member of any commission
acts in good faith, who will pay for litigation i£ that member is sued?•
E'or example, a person subject to the ordinance could work for a corpora-
tion on which a member of that corporation's board of directors (unknown
to that person) could also serve on another Hoard of a firm that does
business with the City; thus discussing and voting on an action could be
a violation of the ordinance; 7j Would such an ordinance have the effect
of discouraqing citizen participation on board-, coimnissions, committees,
etc?
Mr. Sheridan appointed Mr. Starwalt to compose a letter to City Manager
and after completion of draft to go over it with Mr, Ash and together
make sure that it reflects consensus of discussion tonight (Attach. 2).
ADJOURNMENT
Mr. Sheridan called for adjournment at 8;00 p,m,
Respectfully submitted,
Verna Gare
Recordinq Secretary
r �
duly 27, 1977
Mr. Nasim Qureshi
Manager, City of Fridley
City Civic Center
Fridley, Minnesota 55432
Deaz' Mr. Qureshi:
The Charter Commission held a special meeting an July 26, 1977 at
which a quorum was present. The only item of business was to dis-
cuss the proposed ethics ordinance. The members of this Commission
unanimously adopted the following motion:
°To send a letter to the City Manager to the effect that the
code of ethics proposal under discussion here properly belongs
in the Charter rather than as a City ordinance, and include
in the letter major questions coming out of discussion tonight."
The proposed ordinance opened a number of questions by various members
of the Coimnission, as followr.
1. Method of administration and use.of reports?
2• Manner and means of providing public access to filed disclosures;
3. The method of review and/or reconciliation o£ alleged errors,
wnissions or actions;
4. How does this ordinance differ from State statutes, particularly
471.887
5. Possible violation of privacy invasion statutes?
6. When a member of any coimnission acts in good faith, who will pay
Por litigation if that member is sued? For example, a person sub-
ject to the ordinance could work for a corporation on which a
member of that corporation's board of directors -- unknown to that
person -- could also serve on another board of a firm that does
business with the city; thus discussing and voting on an action
could be a violation of the ordinance.
7. Would such an ordinance have the effect of discouraging citizen
participation on boards, commis�ions, committees, etc?
• � ��i/�
Cliffoz'd�Ash, Vice Chairman'� �
Charter Cotmnission
cc: Members, Charter Co�mnission
July 19, 1977
Mr. Ray Sheridan, Chairman
City of Fridley Charter Commission
X City Hall
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Mr. Sheridan:
Having missed the meeting of May 24 because of a previous commitment, I
will also be absent from the July 26 meeting as I will be in Colorado on
business that week.
I have revie��red the proposed code of ethics ordinance and submit the
following observations:
1) The intent of the ordinance appears commendable and most
af the drafting sound. Exceptions follow.
2) 30.30, Subdv. 1.(4) and 30.32, Subdv. 1(3) are objection-
able. It requires an individuai to do an act which may 6e
impossible, i.e., one may not necessarily know that another
person has a financial interest of more than l0A and/or is
covered by the ordinance. This could easily be the case with
any public corporation or limited partnership. Nor is it clear
witiy 10% is chosen. If I read the present language right, any
twelve persons subject to the code could own an entire business
anrong them and not have to disclose unless the business were
located in Fridley or did business v.�ith Fridley. If the business
involved is dealing with the City of Fridley or is located in
the City of Fridley, the interest will have been disclosed under
the previous section af the ordinance; if not, it seems to me
it is irrelevant. Thus I would favor striking these two sections.
Alternatively, one could write, "---with which he or she has a
financial interest and in which he or she knows one or more other
persons covered by this code of ethics---."
6C
Mr. Ray Stfaridan
July 19> 1977
Page 2
3) In 30.33, Subdv. 1(1), the exception clause is not an
exception since clients of the city attorney's private
law practice would not, in any case, be included in the
basic definition. A better method of stating this would
be a third section stating that the city attorney's
private law clients are to be incTuded if they meet the
definition of section (1). •
' cerely, •
. �
.<-s�-r ,
David J. Be
Member
Charter Commission
DJ6:sec
cc: Mayor Nee
Councilman Fitzpatrick
6D
e
7
CHARTER COMMISSION
MEETING
September 20, 1977
MEMBERS PRESENT: Raymond Sheridan, Clifford Ash, Jackie Johnson, Charles Langer,
Walt Starwalt, Tim Breider, David Berg .
MEi�ffiERS ABSENT: Jerry Ratcliff, Elaine Knoff, Robert O'Neill, Ray McPherson,
Kenneth Brennen, John Swanson, Jean Schell, Arne Takkunen
OTHERS PRESENT: NONE
CALL TO ORDER:
Chairperson Sheridan called the meeting to order at 7:30 p.m.
APPROVE CHARTER COMMISSION MINUTES: (May 24 �1977-and July 26 1977)
Mr. Sheridan suggested that lacking a quorum for final approval of minutes
that there be a general discussion and tentative approval if agreed upon at
this time, with ratification at next meeting. There were no suggestions for
correction of May 24 minutes. July 26 minutes should be corrected to show
Charles Langer as being present and this meeting should be listed as a"special
Charter Commission meeting."
MOTION by Mr. Langer, seconded by Mr. Ash that mi.nutes of May 24 and July 26
be tentatively approved, and submitted for ratification by a later meeting
when there is a quorum present. Upon a voice vote, all voting aye, motion
passed unanimously.
Attached herewith is a new list of Charter Commission members, giving address,
appointment date, and length of term.By way of background, Mr. Sheridan stated
that when Commission was set up there were sose two-year and some four-year
appointments, but now everyone is on four-year appointments, and they are
staggered so that there remains a nucleus of old members on the Commission.
/
Mr. David Berg, appointed to the Co�nission on May 11, 1977 was introduced
by Mr. Sheridan. Mr. Berg indicated he had been sworn in at the City Clerk's
office. Other members were sworn in at Cosanission meeting May 24, 1977,
NEW BUSINESS �
Mr. Sheridan passed extract of Statutes M.S.A. 471.87 and 971.88 to sembers
which had been given him by Mr. Langer. He then asked Mx. Ash to report
on action taken by Council with respect to the ethics ordinance. Mr. Ash
reported that to the best of his knowledge nothing has been adopted by Council.
H� said he believed Council decided to drop the Charter Commission from cover-
age by this Ordinance, and said he understood they picked np Tim Breider's
suggestion that if there is a suit brought against a member of a co�nission
they will defend and pick up legal costs. Mr, Ash indicated that questions
1 through 5 posed in the letter from the Charter Como�ission to the City
Manager dated July 27, 1977 regardinq this ordinance were not answered.They
did answer question #6, but Mr, Ash indicated he did not believe that any
action had been taken by the Council on the matter.
7A
, `-�"uc'r�x c,vDiMI5520N
Mr'• Sheridan stated that there is a need to fill the spot of Charter Commis-
aion Secretary since the resignation of Peg McChesney. He read the list of
current members of the Commission and stated that anyone of those persons
could be considered for secretary with exception of Mr. Ash, who is Vice
Chairman, and himself. He stated that Verna Gore is Commission's record-
ing secretary, who takes the minutes of the meetings, but if there is any-
thing for publication, pubZicity etc., that would be the duty of the
Co�ission Secretazy/Treasurer.
Mr. Sheridan discussed further the Commission and its composition, indicating
that he felt it had always heen a stable body with a diversification of
philosophies. He stated that as long as he is Chairman it will be an open
commission, with every member having a chance to be heard, whether or not
his or her view might be a popular one with the majority of the Commission
at the time. He stated that the goal of the Coimnission has always been to
work for the benefit of the co�mnunity and not for any selfish reason or motiv-
ation. The Co�nission, he said, functions as an independent organization of
the government of the Citp of Fridley and not under the control of the
Council, but that the Commission and Council do work closely together. He
indicated that meetings are generally held once a month in the winter months
and in the past there have not been meetings in the s�amner months, as it is
difficult to get a quorum, If anything arises needing immediate attention,
as it did this year, then a special meeting would be called, and he also
stated that the third Tuesday of the month has been the date for the meetings
but said that is not necessarily a fixed date.
Nominating Committee•
Mr. Sheridan appointed Charles Langer Chairman of the Nominating Committee
and asked Jackie Johnson, Walt Starwalt and Jean Schell also to be members.
The Nominating Committee is to report back by the next meeting and are to
nominate one or more candidates for each of three jobs: Chairman, Vice
Chairman and Secretary-Treasurer,
Mr. Sheridan told the Commission that he had been Chairman since the reorgan-
ization of the Charter Coimnission and Mr, Ash has been on Commission for
some time, most recentiy as Vice Chairman. Mr, Sheridan expressed the feel-
ing that offices should succeed through the chair if Mr. Ash is so inclined.
He stated that tfie Secretary-Treasurer job has been filled by Peg McChesney,
who had been on the Commission for four years but declined reappointment.
Mr. Sheridan said that he believed the by-laws state that a written notice
to the members has to be out twenty days prior to the annual election -
the annual election is held at the meeting in November, which would be the
third Tuesday, November 15. ltventy days prior to that and after the October
meeting, the nominating committee would have to get notice out of the annual
meeti.nq and the slate of nominees, he said, so that would be by about
October 25. Any change in the by-laws will be discussed and taken up at the
annual meeti,ng. �, Sheridan suggested that if any member of tlie Commission
has recommendations for changes, they should probably be brought out at the
October meeting. He asked if anyone did not have copies of the by-laws and
asked that all members receive a copy of the Fridley Charter Commission By-
Laws with copy of these minutes; (copy attached),
�,
CHARTER COMMISSION MEETING September 20 1977 Pa e 3.
Mr. Sheridan stated that for a number of years the Commission has used the
City attorney for legal advice, but came to realize that in so doinq the
City Attorney was actually representing two heads -- making it difficult
if Commission wanted to go before the Council with a problem. After a dis-
cussion with Commission members, Mr. Sheridan approached the City Attorney
regarding this question that had axisen and left it up to him if he wished
to continue or whether Commission should get their own attorney. He saw
the problem, Mr. Sheridan said, and suggested that it might be better if he
were relieved of that duty. As a result of this discussion, and a recommend-
ation of a Charter Cotmrcission committee appointed to look into possible
candidates for this job, John Terpstra was appointed. Mr. Sheridan said
that Mr. Terpstra has been at several meetings and may be asked to attend
any meeting where Co�maission feels he might be needed; he will also be
available for phone consultation during the course of ineetings, but feels
for budget reasons, that he should not attend meetings unless needed on
specific issues.
Mr. Ash posed a question to Messrs Starwalt and Breider, as ex-Council
memhers; what do they think about possibility of Charter Commission taking
on the role of: 1) Council watchdog; 2) see how Charter works first-hand
by attending all the Council meetings on a rotating basis, two members
attending for a month? Mr. Starwalt indicated that he felt it would be a
chore and probably not too fruitful except that it would be a learning
experience. Mr. Breider felt if Council were to go against Charter. it
would probably be an oversight rather than intentional because Council
is already pretty well watched by City administration and City Atturney.
Both Mr. Breider and Mr. Starwalt encouraged anyone to attend these meet-
ings who might wish to on their own, just to see how the Council works.
Mr. Ash explained that the question posed by him came up because of some
deadlines set by the Commission which had not been met by Council. The
Charter has since been corrected to make it more workable, he said.
There followed a genezal discussion of nature of representation and duties
of Councilmen, and pros and cons of council.man at large versus ward
councilman, etc. Both Mr. Breider and Mr. Stanvalt indicated that in
their experiences as Councilmen that they felt the ward representation
to be the aast rrorkable and popular method of representation. There
was also some discussion on the number of Councilmen and whether it works
better with five people or with larger number as 7 or 9.
Mr. Sheridan said that after discussion with Mr. Ash he sent a letter on
behal£ of Charter Cwmnission to retiring Commission members, with a
certificate, letter dated September 9, attached. One of the reasons
it took so long to get the letter out was that the first draft of
certificate was not satisfactory in appearance; he stated that the letters
went out last week and were hand delivered. He read the letter sent to
Ms. McChesney and said the others were essentially the same except for
the reference to her duties as Co�nission secretary; others receiving
letters were Ole Bjerkesett, Harry (xowder, and Herbert Bacon.
_- __
CIiARTER COt�41ISSI0N MEETING, September 20, 19i7 Pa e 4.
NEXT MEETING: October 18, 1977, at 7:30 p.m.
Mr. Sheridan stated that at this tine he hoped the Nominating Committee can
bring with them a slate of nominees for future offices.
He also told members that any time any memher has a subject for the agenda
that they may contact him or Mr. Ash, or porothy Evenson, Planning Department
Secretary in charge of agenda and special materials.
Mr. Berg asked how does a Commission like this come about and how long does
it last?
Mr. Sheridan responded that this Commission came about by taxpayers petition-
ing the Court ior a commission to review operation of government and set up
a Charter. At that time it was the understanding that it was established
forever, he said. Mr. Ash stated that ruling from Attorney was that we are
members until someone is of£icially sworn in to take our place. Those members
who are up for reappointment will still be on a year from then if no one is
appointed in the interim.
Mr. Sheridan mentioned that State Statutes state that if a member of the
Commission misses a certain number of consecutive meetings then the Charter
Commission can ask the Court to appoint someone else. He reminded members
that they should call if there is a reason they cannot attend a particular
meeting.
ADJOURNMENT
Mr. Sheridan called for adjournment at 8:45 p.m.
Respectfully submitted,
��
Vern Gor
Recor in Secretary
Attachs:
1. Fridley Charter Con¢nission Members List
2. Excerpt of M.S.A. 471,87 and 471.88
3. Copy of ltrs to Ms McChesney
and Messrs. Sjerkesett,Crowder & Bacon.
7C
EXCERPi OF M.S,A. 471,87 and �71 8�
7D
', N.S.A, 471,87 Public OFFicerc Int�rest in r.antract• oenaltv � �
� Except os authorized in section 47��,BB, a pu6lic ofPicer who Ss
� � Buthorized to take p�rT in any manner in making any sale� leasa� o� cont:r;�.
�in his ofFicial capacity shall not voluntarily havo a personal financial.
intorPSt in thut sale� le�sa� or contract or personally beneFit Financial!
tharefrom, Every public oFficer who violiates this provision is guilty oi
� e groe,s misdemoanor, - Lews 195���C,379; Laws 1955� C,41, Sec. 1.
� M,S,A, 47�,88 Exceotions
Subdivision 1, The governing body of any port authority� seaway port
. authority� tonn� �chool di,trict� county� or city� by unanimous vote� may
contract for goods or services with an interested officer oF tha govern-
mentel unit in any of the Following cases:
� � Subd, 2, In the designation oF a 6ank in which the oPFicer is interec�.��
es an euthorized depository For pu6lic funde and es a.source of 6orrowinr;.
no restriction shall�apply to the deposit or borrowing oP any Funds or th=.
designation of a depository hy such authority or governmental unit in any
. bank in which a member oP an authority or oFficer oP a governmental unit
' Shalll have an interest iP such deposited Punds are protected in accordanc�
� with Minnesota Statutes, Chapter 118; provided, however, that any mem6er
or ofFicer having such an interest shall disclose that he is a director c-
employee of the bank, which disclosure shall be entered upon the minutes
the authority or governmental unit� such disclosure shall 6e made whert ���
bank is First designated as a depository or a� a source of 6orrowing� or
when such member ❑r oFFicer is elected whichever is later� and such disc:
ahall sarve as notice oF such interest and need not be made with each
Bucceseive transaction;
Subd. 3, The designation oF an oPFicial newspaper� or publication of
official matters therein� in which the oFFicer is interested when it is t�
only newspaper complying with statutory or charter requirements relating
_the de�ignation ❑r publication;
�. Subd. 4, A contract with a cooperative as,ociation oP which the ofPi��.
is e shareholdor or stockholder 6ut not an oFFicer or manager;
-� Subd, 5. A contract Por which competitive hids 3re not required 6y la�.
and where tha amoun� does not oxceed $1,000 when the commodity or servic�
. contractad for is not otherwise available in the aPFected governmental un:
Subd. 6, A contract with a volunteer fire department Por the payment �
Compensation to its members or Far the payment or retirement heneFits to
. � these members; � .
� Su6d. 7. A contract with a municipal 6and For the Payment oF compensat
� to its members; .
Subd, 8. Contracts for goods or services when the consideration does r�
� exceed $1�000 in any year and tha contracting governmental unit has a
population oP less than 5�000�
Subd, 9, When a port authority commissioner is engaged in or employeci
by e Firm engaged in the business aF importing or exporting or general tr.:
. it shall ba lawful For the authority to do business with the commissioner
. his employer provided that in the Fixing oF any rates aFPecting shippers c
� users oF the terminal Facility� said commissioner shall not vote thereon.
Subd. 10, When a seaway port authority commissioner is engaged in or
eroployed 6y e Pirm engaged in the business of importing or exporting or�
general trade� it shall 6e lawFul Por the authority t❑ do business with Lh..
commissioner or his employer provided that in the fixing of any r�tes
eFFecting shippers or users of the terminal Pacility� said commissioner sh.
. not take part in the determination oF� except to testify� nor vote thereo�:.
Laws 7961� c. 651� Sec. �,
Su6d, 11, Nhen a commissioner oF any public,hpusing or port au�hority -
employod 6y a 6ank engagod in making loans or perPorming trust servicee
Snvolving real or personal property aFFected by any plan oF such hOUS'£n� r��
port outhority� no restriction shall apply to any �uch loans made or�'Cru�r.
� sorvices perFormed by said baMC if the eommis�ioner �hall disclose�th�
naturo oP sueh loan� or trust cervice� oF whieh he has personal knowladge,
� whfch disclosurQ�shall be entered upon the minutas oF such authority,
' - Amanded 6y Laws 1965� C, 806� Sec��, �_
March 6 4969• 4: Laws 1969� c, 26, Sec, 1� ePf,
` i , Lawe 1973� c, 123, Art, 5, Sec. 7,
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� ' E%CERpT OF M.S,A, A77,87 nnd 471 e�
�
� N.S,A,_ q7�,87 Publie OFFtear::. Inc�reot !n cantrxct� o lt .
Excapt us eutherizad �n.�ecElon 471,8�, a publie officer who le
. authortzod to toko part tn any mnnner in making pny sale� leaea� or eantrac�
in his oPfic3al capoclty ahatl not voluntorily hnva e per3onal financial
Sntarast in that sale� len�v� pr contract or p¢rsonally benePit Pinancially
. � tho�aFrom, Evcry publie oFFicer who violiatc� this provision iU guilty oF
� e g�oea.misdemeanor, _ ��ra t95t� C.379; Law� 1955� C.Ai� Sec, �,
� M.•S.A. 477.88 Exeeptiana
� Bubdivision 7, The �o�erning 6ody oF� any port authority.� seaway port
aVEhority town� sehaol tlistrict, county� or eity� by unanimous vote� may
. , corrtract Far goods or services with an interestod ofFicar af tha govorn-
nental�unit in any oP the Pollowing cases:
� i � Suhd, 2, In the de�ignation oP a bank in which the oFficer is ;nterestm:
Bs en authorizetl tle�ository For publlc fynde antl ea a sourca oF borroning�
,� no hastriction shall apply ta the deposit or borrowing oF any Funds or the
�� designation of a depasitory by such authorit .
j 6Snk in which a member Y or governmental unit Sn eny
oF en suthority or oFficer oF a governmental unit
. shs1Il havo an interest iF such depositetl funds are protectetl in eceordance
wSth Minnesota Statutes� Chapter 118p provided. however� that any membar �
01� afFicer having such an jnteraet shall dieclose that he is a director or
. . employae oP the bank� which disclo�ure shall be entered u on the minutes
the authorit or �' cf
. y gavernmental unit� such disclosure shall be madc when cucF
baNC is First designated as a tlopository or as a sourco oP borrowing, ar
. nhan sueh member or oFFicer is eleeted whicfiever is later� and such disclec
elmll serva as notice oF such interest and need nat be made with eech
. euceassive transaction: .
6V6d. 3, The designation oP an oPFicial new�spaper� or pu6lication of
of£iCiol matters therein� in which the oPFicer ie interested when it is th�>
. only nowspapar complying with stetutory or charter requirements relating to
_tho designatian or publieation�
Su6d. 4, A contract xith a eoape�ativa association oP which the officer
!e e shareholder ar stoekhalder but not an officer or managerp �
-- Su6d. 5, A contract for which competitive 6itls are not required by
etuf where tha amount tloas not exeeed 5t�000 when the commodity law
. �COrrt�ected Po� is not othcrwiae evsileble in tha afFacted or saryic5
� governmental unit;
_ Subd. 6, A contrect with a volunteer fire department For tho payment of
, compensation to its members or Par tha payment or retirement benePits to
theee mambers;
. . �, Subd, 7, A contract with a munieipal 6and for the paymerrt oF compensetio�
� to iYe membors�
� Subd, B,� Contrscts £ar goads or se�vices Nhen the consideration does noz
. exceed $7�OOU in any ycar and the contracting governmental unit has a
population oF less than 5�000�
� � . � , 8ubd, 9. Ylhen a port authority eommissione� i.s engaged ;n or ampLoyvd
, by e ftrm engaged in t�v business oP importing or oxporting or genaral tratl:-
it shall ba lawFul For the authority to do bu�iness with the eommi�nianer a�
hia emp3oyer provitled that in the fixing aP any rates aFPecting shipperv or
I uaere oP ths�terminal FaciliYy��caid eammissioner shall nat vate thereon,
8ubd• 10, When a seaway port authority commis�ioner is engagad in pr
employed by a Pirm erq_7aged ln the business oF importing or exporting ar�
genaral trade� it shall ba lawful For the authoricy to do business with the
, commig3loner or his employor pravicted that in the Fixing oF any rates
rwt� ekae ahippers or �sers oF the terminal facility, said eammicsioner sh�ll
- i pai-t in the determinatian of� except to testiPy� no� vota thureon. -
� Lewo 1961� c. 651� Sec. 7, .
� ' � Subd. 11, Mhen a commiseione� of eny publle ,hpusing or port aulKorlty ic
employod by a baN< engaged in making loan� or perForming trusi servicos
involvinfl real or per-�onal proporty oFPmctoq by any pinn oF sucA hausing or
Pa�'C euthority� no rc�triction chall apply to any euch loans maticr�or'ei�u�t
oorvieos parformed by cniA bank iP thc �ommisaioncr �hall diaeloae�thb
�0tu�o of Fuch loan, or tru.t sorvicoa aP which he ha� per�anal knovletlpo�
� . whlch tltocloswa chall 6e entarod upon the minutas af cueh outhority,
� . � A�endvd by {�owa �g65� C, �p8� Soc's, �_q�
. Mtv'ch 6� 1969p Lows 1973� c, 123� Art, 5� �aws 1�J69� c. 26� uec.��1. oPP,
� _ Snc. 7,
. _. _ _.. _. . . _.
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MEMO T0: Dick Sobiech, Public Works Director
MEMO FROM: Jerrold L. Boardman, City Planner
MEMO DATE: November 3, 1977
MEMO N0. : DS#77-31
RE: MDOT Preliminary Bikeway/Walkway Grant
Attached is our preliminary proposal to be submitted to the City
Council for their review at the November 7, 1977 meeting. We have decided
to stage this proposal into two stages, primarily because of possible
easement difficulties north of Mississippi Street. We feel that we will
need more time to make all of the arrangements for the Phase II proposal.
We will be meeting with Anoka County, Coon Rapids, State Highway
Department, and Minneapolis to firm up our Phase I proposal of the bikeway
system early next week.
The MDOT grant is a grant up to 75% of the development cost of the
6icycle trail. We are estimating that the Phase I costs will be approximately
�.110�000. We have not yet estimated our Phase II cost since we have not
yet estimated our easement and right of way problems.
JLB/de
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Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Phona�612) 296-5993
TO
FROM
SUBJ ECT
. Local Units of Government
. Bureau of Policy and Pianntng
Offfce of Environmental Aftairs
Minnesota Department of Transportation
Preliminary Bikeway Grant Rpplication
This tnformational packet contains the followina materials�
An ins#ruction sheet which provides background information on the Mn/DOT Bikeway
6rant Program and primary considerations involved in pro,ject selection
. Preliminary Bikeway Grant Appiication Form
"Minnesota Bikeways" brochure which provides an abbreviated summary of the ma,ior
components of the Mn/DOT Bike Proqram
IPJSTRIiCTI�NS
MINMESOTA DEPARTMENT OF TRANSPQRTATION
PRELIMINARY BIKEWAY (?RANT APPLICATION
The Outdoor Recreation Act of 1977 appropriated ��2.1 million to the F1innesota
Department of Transportation for a bikeway grant proqram. This program makes funds
available to local units of qovernment to develop bikeways orimarily along existing
road rights-of-way,
6rants totaliinq $700,000 will be allocated within the Seven County Metropoli-
tan area (Metropolitan Council involvement) and $1.4 miliion will be aflocated to
local units of government outside the Metropolitan area.
As stipulated by this law, grants shall not exceed 75 percent of the total
betterment (construction) costs of the bicycle trail.
Eligible applicants -"local units of government" means any county, city or
home rule charter city, town, school district, public post-secondary educationaf
institutlon, special park district, or elected park and recreation boards in cities
of the first ciass.
Etlgible proJects - projects ellqible for a state grant shall inciude bicycle
facilities�path, lane or route) which primarily follow existing road rights-ot-way.
No project, the construction of which has aiready canmenced or for which a construc-
tion contract has already been let, shall be eligihle for a arant under this pro�ram.
Only construction costs are eligible for grants. Maintenance and operational costs
shall be the responsibility of the appiicant, as weli as any additional rights-of-
way or design costs.
Pro'e� ct qualifications - The project must satisfy both of the following �ualltt-
cations to be eligfble for a grent:
The proposed proJect primarily foilows existing road rights-of-way.
The proposed proJect has been identified as a need by the Minnesota Oepartment of
An Equa! Opportun7ly Employer
Transportation or by a comprehonsive transportation recreatlon plan of the 8 B
applicant, county or regional development commission.
Fvaluation of Application
Applications for pro,jects which meet the following criteria shall receive
priority over simi�ar proJects that do not:
. The project meets generally recognized design standards.
. The pro,ject would beretit the travelin� public through elimination of hazards
and by minimizing multi-use conflicts.
The project woufd reflect thorough planning 6y recognizinq and compiementing
existing transportation elements, land torms and maintaining a theme consis-
tent with land use plans of the area.
. The project would provide for ease of maintenance and operation of the facility,
. The project would provtde a sysfiem of transportation (or constitute a seqment
of such a system) to either existent or proposed areas of: educational or eco-
nomic interest, cultural, natural, scientific or historical siqnificance.
. The pro,ject wouid continue or link into other bikeway systems or proposed
bikeway systems.
. The project would be readily accessible to the pubiic by vehicular a�d bicycle
traffic.
Application Procedures
Canplete the attached torm and submit to aporopriate locations as specified.
Include a co�y of a county and/or municipal map indicating the items outlines in
Section D of the Form.
Loea.2 w�.i.ta o% .9aveiuvnerLt no.t .utit¢�cea�ed .i.n pah.tiei.pa,t,�ng .in .th.i,a coe.t-
bl�lcinQ b�a,te 4��'+�t p�wnnam cvice nesuebZed .to bubm.i,t a map and b�u:e,� bta-
-tua n.epon,t negcvcd,i.na .the b.i.heuay a�,tua.tion .ix .the,ix r�ar,ti,cu,erur, cucea.
T� �.n,Sonraa,ti.on .i,a exth¢m2fr� .impon,tay,t .in #he eomp.i.ln,ti,on o�4 a eu�uc¢��
xe,4�i��ir.y ofi b.i.eue.ee .t�ca,i.e.a .in #he d.#,�,tQ. The P.�:nneeo.tu Depa�nent oS
T�an�nmr.tati.on .i.e aeqwia.e,d by Pncu to pub.P.i,ah anci cti�zy,ibrcte .th¢ �.n�Sortma-
.ti.an eonta.iiiec( �.n .th,i,s nep.i.e.t�ccr ;(on pu,bZi.e u,aa..ae.
Youn. coope�ra,ti.an .in tfa,i.a mcttty� wi.�e expedi.te compeet�.on oF �h.i.6 mafoh
p�coJ ecZ.
If you have questions pertaininc� our Dikeway grant program, please contact:
Mn/DOT Bicycle Program Coordinator
820 Transportation Buildinq
John {reland f3oulevard
St. Paul, Minnesota 55155
t612) 296-5993
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W
M EMORAN D UM
G7 CITY OF FAIDLEY
O 64371JNIVERSITY AVE. N6.
FRIOLEY� MN. 6543Q (g�g1671-3A60 �
MEMO T0: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: NASIM M. QURESHI, CITY MANAGER
DATE: NOVEMBER 4, 1977
SUBJECT: ISLANDS OF PEACE $150,000 STATE GRANT
�
OFFICE OF THE CITY MANAGE:-
� NASIM M. [3URESH':
This year the State Legislature has appropriated $150;000 from their general fund
for the Islands of Peace Park in the City of Fridley, subject to a sum of $50,000
being raised by other public or private sources. There are two alternatives that can
be considered by the City to avail this grant:
1. A sum of $50,000 is either raised by the Islands of Peace Foundation
through private contribution or other governmental grants, and then
we subnit application to receive the $150,000 grant.
2. The City, based on the commitment of the Islands of Peace foundation,
take on the responsiblity of saying that the City will either comnit
$50,000 in money or in-kind services, and then depend on the Islands
Peace Foundation and other organizations to come up with the money,
or in-kind services, to fulfill the City's commitment. If this is
done, the City would be able to receive the money in the next few
weeks, and the money would be sitting in the City of Fridley treasury
instead of being with the state. This way,. the City would be drawing
interest on that money, which could potentially be over $10,000 a year.
If the City chooses to follow this alternative, then it should only be
done with the understanding that the City would not release the funds
unless there has been actual needed matching money received, or a firm
written comnitment in regard to in-kind services has been received by
the City. And if that is done, then and only then, the City would
proceed with the release of the money and the execution of the project.
As there does not seem to be any time limit when this project has to be completed;
the City would not be under pressure to complete the project by a certain date, as far
as the grant requirements are concerned.
If in due time, money cannot be raised and it becomes advisable to not proceed
with the project, the only obligation, as I understand, would be for the City to returr
the money back to the state. If the City wishes to proceed with the project and does
not wish to cormnit any local tax money, I feel it is imperative that the City:
l. Should have a detailed plan of how the project can be completed;
2. Have a firm comnitment on how the maintenance of the building and
other facilities would be funded by sources other than local tax money;
3. Know what sources are going to be utilized to provide the programming
and day to day operation of the facility.
I feel it is imperative that Council should have firm corrmitments, especially on
the last two items, if the Council does not wish to comnit any local tax monies, and
should have a financial plan of building maintenance, operations and programming beforr�
any money is released from the grant.
Enc: State Legislative Bill °
Islands of Peace Proposed Work Program NMO/ms
(
Statc o[ Dliu ncsolu
IIOUSE OI� I�LPI��SEN'1'�'1'IV�S
9A
� Srt�e�TtrTtt '��-xy '��'1;1 ��• 1 �
SESSION � ys• x •
.�"Sna
Introduced by Simmicnu. �icCoirron. Schcid. Gllin4son and ?Qei�en.
Rend First Time Jan. 10, 1D77 :ind Re(crrcd to the Committee on
Em�iraimcnt and tiatur:d Re.ources.
CommiUce Recummendaiion and Adnplinn of Re�wrt tu Fuk+:md Re•referred t��
the Commidec on ApPrnprialions .lpr. °0. 1977.. .
To Pass as .lmendcd \I:ry• 18. 1977.
� • Rcud Second Timc �[ay 18, 197Z
1 ' A h111 to� an act
2 �eletino to rarp�� aoo�enriatinv Tonev �o� the
3 Heveloo�ent ot �Pc�eatlon tac+ltties f�� the
tl nandlcaoneh at Islan�i5 oi �'eace aarr,
5
6 8E jT ENaCtF.� RY THE LEGI5�4?UkE �1F THE STOTf C1F M)�,F�EgnTa:
i �QCt{On 1. fRECPEaT10� GeLIL1�iES FQG T�.E Nae.nlCaFpF,�j
8.APPRO�RI6TION,) Tnere Ic ancropriateo froR the ae�e�ai +Una
9 in the state t�easurv to tn� state pla�nino aaency ttie suT
f0 .ot 7•150,0�0 te ne usen to a?uelnn retreation F���tit�ec
1i which demons*�ate tne feasinilitv of inectinq rn. sneCial
12 .�eeAS ot hpn�t�ac�eo rersons at Istan�s of i�eaca r.ar� in thc
f3 eStv of F�{n1ev. Tnis aporooription .s availanle untit tne
�Q proJeet Sc eo�^oleteo or �tia�NOneA. T�e tlirector o4 en�
15 state ola�nlno a9e�cy s�a11 not alloeate a�v funas to a�v
16 loeal unit of pove�nme�t �nt�t (i) tne comTissioner of
I�7 natu�al �pSDV�Cpg has arn�oven a neta+te� wo�k o�po�a*
� �8 D�000sea t�v fhe looal urit oi pove��+�^enLp en7 (j) tne suT ef
1Q SSO.OLO has Qeen �a�sed f�oT other pVhl�� or n�t�afe sru�ce5
� ZO fo� ttie nUrrns�s o� t�ls ect, �ota1 u�its of oave�nm�nt
j� receivino �un�ig from �ne s�ate AIA��1�r1a aae�cv u�re� tnis
22 ssetion shall de �esoonsi�te fo� tne contlnued ooe�atio� a�o
: M+tnte�anee of rne lano and faeillt�ea. If a loeal unit of
Z Oove��me�t wtiieh recetved funda under thls seetlon fei1� to
3 setis�v this recvonsibiiltv, t�e st�uetu�ea and real '
4 v�epertv Klfhln Islanefs of Peaee nsrr ou�e�esed with funds
. 5 unde� thts seetl�n ano en� u�eroenoed funds reeelvrd
b PY�suant to ttil' aetf(on aha11 �OVert to the stete.
��
26, 7.977
OF 1'EACE PROJECT
, M1NNIsSOTA
following detailed work prograro has been prepared by the Islands of Peace F'oundation
requested by the State Planning Agency for the review of the Co�moissioner of NaLural
ources in conjunction with the $15U,UU0 grant from the State of Minnesota. The grant
to be matched with $50,000 of cash and/or in-kind services as the local share to be
lied to the work program.
proposed work program will consist of the following items:
Acquisition of Hayes lots 3& 4
Constxvction of 45-car parking lot
Construction of Reception Center
Building (38' x 60')
Construction of foot bridge to
Chases Island (6' wide, 110' span)
Construction of Shelter Building
on Chases Island (20' x 20') and rest
room facilities
General improven�ents of tr.ail system
picnic areas, campfire ateas, etc.
TpYA1
Cash
$ 48,000a
14,00�
70,000
35,000
7,OOOf
380g
5174,38Qh
In-Kind
Services
?,OOOb
40,000°
35,OOOd
4,293e
14,820g
$101,113
Total
$ 48,000
21,000
110,000
70,000
11,293
15,200�
$275,493
-l.egislation to cLarify grant enabling legislation to pe�it land acquisition to be
introduced in 147H Legislature.
bIn-Kind Services to consi.st of st.ripping topsoil, rough grading, placing and compacting
6" base by Seabees and Air Porce. •
�In-I:ind Services to consist of laUor to construct building. Minneapolis Auilding Trades
Council has been approached to provide these services.
�In-Kind Services to consist of installing 6ridge piers and abutmenEs and erection of
prefabricated steel footbridgc by Seabees and Air Force.
eln-Kind Services cc�nsi>:tin�; oI erection of shclt.r Uuilding and restroum facilities by
f Scabecs �sc�c Irttur d��ed Septecnbcr ?U, t977).
Crant receivcd 1'rom Department of N�tural Resources.
gMatcri.ils and in-k.ind scrvices provided b,y Ccnter For Co�mauniSy Action (sce letter
dated Scptembcr 2U, 1977)
nCrants received tutal $157,000. 1'he balance of $17,3R0 would be raised by the Islands
of Pe�ce Founda[inn From puhlic and private �ources.
N� s�� R���l
�P��l �4� y4d���
ANOKA
FRIDLEY
PLYMOUTI{
COON RAPIDS
ST.AN7HONY
BROOKLYNPARK
COLU9iB1A H@IGHTS
October 25, 1977
Dear Chief,
14
OSSEO
CRYSTAL
NEW HOPE
ELK RIVER
ROBBINSDALE
GOLDEN VALLEY
BROOKLYN CENTER
Maple Grove
Rogers
Enclosed please find a copy of the Mutual Aid Aqreement.
This again, will have to be run through,your Council. The
changes are as follows:
Yl
2.
Line 5 of the first paragraph, the name of Rogers
was added between Robbinsdale and St. Anthony.
Rogers has also been added to the last page
Please return the original to me, and upon receipt of all
Cities I will send a complete copy to each.
!���/- ��o� G�-"„`�—r�2 .
Diichael O' Co�
Secretary/Treasurer
North Suburban Regional Mutual Assoc.
1313 Coon Rapids Boulevard
Coon Rapids, Minnesota 55433
enc
kk
10 A
AGREEMENT - NORTH SUBUA3�v MUTUAL AID ASSOCI�TION
TfiIS AGREEM�NT, made and entered into this day of
, 19 by and between tne Pollcseing municipal corporations;
�noka, Broo:clyn Center, Brooklyn Park, Columbia H2ights, Coon Rapids,
Crystal, Elk River, Fridley, Golden Valley, Maple Grove, New Hooe,
Osseo, Plymouth, Robbinsdale, Rogers, and St. Anthony, Plinnesota.
WHEREAS the said municipalities desire to make available tb each
other their respective fire-fightinq equiortent and personnel in the
case of emergencies, and each of said municipalitias has legal
authority to send its fire-fighting.equipment and personnel into
other communities,
NOW THEi?EFORE IT IS b1UTUALLY AGREED AS FOLLOWS:
That in consideration of the mutual covenants, agreements and
undertakings hereinafter set forth each of tha parties hereto agrees
to furnish fire-fighting assistance to any of tne others wne.^. called
�pon by the fire chief or fire department officer in charge of any
of the other parties hereto subject to the following condit?ons to wi�:
1. That road and taeather conditions must be such tnat th� fire
run can be made with reasonable safety to men and equipment, and the
de;isior_ ef the fire chief or other fire departnent officer in charge,
shall be final in such matters.
2. That in the event aIl of Ehe fire apparatus and all or most
of the m2mbers of the fire department of any community so called unon
for fire assistance by one of the other parties hereto are in us2 in
the discretion of the fire chief or other fire departnent officers in
�h�rge nay b� needed in said co:,��unity. the said con-nunity shall be
^•ulr. f:ee and reiieved from all liability to mate sai3 run or to
res>.oad to said call.
� P\;;� 1
.
10 �
3. That in the event any aoparatus and memb2rs of the fire
department of any co.*anur.ity engaged in fire fighting for the benefit
of the party calling for assistance or in respor_se to a'call fro�
said party, shall be needed to x"ight fire or for any other purpose
in its own cor..,-nanity, that ap�aratus aad the me�-nb�rs of said fire
depar��ent may aad sha11 be recalled to its awn com.*aunity before
comple�ing the fire fightiag for the oth2r party and said assisting
party sha1Z be held free £ron any liability to continue fighting said
fire.
4. Ii one or -�:ore f5:res occur caitain the ZiniLS of any o° the
above municipalities, or cvithin the linits o£ any territory in taaich
any of said municipalities has contracted to furnish fire-fighting
eguipment and perso�nel, and the firefignting eqeip�ent or persoznel
of any of the nunicipalities executing this contract is, in tha judg-
ment of the ch_ef of its fire departneat or in his absz;ce his
assistant or deputy in charqe o= its fire departseent, insufficient
to control or extinguish the fire or fires, an "energency" shal? exis�
ior the pu�poses of this.agreer,eant_
5. If an em=rgency arises, any of the persons �aho are entitlea
by paragraph 1 above to determ.ine an erergency may call upon tne
fire depa�t*aent of on� or nore of the mur.icipalities above r�-±��,
�•rhich are adjacen�, for assistance_ If all the �ire-figntir_g
equipm�nt and perso�nel of any of said nunicipalicies is engaqed
in fiqhting fire, the chi�f or other co�anding o:ficer of th�
fire C�E'DdY�IRal1� o£ any other sLCh muaicipality 47f10Se fire-�ightirg
equip��nt is not en�ag°d in fi�nEing fire shall sen3 eguip�;!��� Ur.d
perso�nel to the en?�y £i?-e sta�ion to a� available for czll i: re-
quired for any fire. It is th� in�ention of the parties by tiiis
<'•yrCL'R°I1t i.0 COOpB=c:L2 lIl the event Oi 8ri em_rgeney �'J17 i,^,c1n1.:1C� ilVdliZJ�! ���
necess�ry fire-figh�ing equio:��r.t and personnei. f.rom the nearest fizc
♦,n.�� o
.' fire stations and dur.ing such an emergency to rearrany° firc-fighting
eauipment of tne parties so as to ma�e the remaining equipment
1� �
personnel avail4ble for use in th� event other fires sha11 occur
anyv;here throughout the territory o£ these nunicipalities.
6. Upon receipt of a call for assistanc= as set forth in.
paragraph 5, the fire depar���nt of any o£ the'parties here�o shall
promptly dispatch at least oae fire truck with the usual number of
persor_nel to assist in fighting thz €ire which has caused the e�ergenc
or to render stand-by service as the cas� nay be, provid�d that no
fire depar �:ent of any o� said parties shalZ bz obligated to send
its fire equipTznt or personnel bzyond its boundaries if to do so
would Ieave such municipaZity cvithout any fire equipment or perso�nel
available �3ithin its limits for service at any firz which might
subsequentZy arise within. In extrem� e�2rgencies, however, every
e£iort �oill be made to redistribute fire-fightir.g equipment and
personnel so as to matie it availab?e ior ary additional €ires �.h?ch
�ight arise during the.emergency.
7. The fire-fighting equip��nt and persornel of any £ire
depar:neat assisting the iire depar�-s:nen�E oi another municipality
ia an emergency will inanediately upon arrival at the scene o` the
emergency be under the commar.d of the officer in charge for th�
municipality �•�ithin cohose bour_daries the energ�ncy is situzted.
8. Ivo charge shall be nade by any par�y for assiszazce renderec�
to another party under this agree*_:��rt e�;cept; Each com.^unity answeri:
a call for assistance from any o�her party h2reto shall be paid for
the cost of all fire extir.guishing raterials used in said cai1, the
cost of fual consur.iecl by the fire apparatus, cost oi the meals for
fire-:an, and any other r,izsce3laneous cost involved �aith said assiscr:
Salarias er.cluded.
P\GE 3
� 9. Each of the parties will maintain insurance policies covering:
(a)Accidental death of firemen in the mininum amount of $3,000
on the life of each fireman tivho is a member of said party's fire
depar:ment, the coveraye of said policy extendinq to protect said
firemen of said parties orhen engaged in the performaace of duties
under this agreement outsid� the boundary of the party of whose
fir� department he is a menber, and
(b) Damage or injury caused by negligent operation of its
fire departiaent vehicles to the extent of $5,000 nroperty
liability, and $25,000 personal injury liability, the coverag�
of such policies extending to accidents �ahich may occur �ahile
the said party's fire department is engaged in the performance
of duties under tnis agreement outside of the boundaries of said
party_
10. No party to this agreem�nt nor any officer or employee of
anp party shall be liable to any other party or to any person on
account o£ failure of any party to this agreement to furnish its
fire-fighting equipment or personnel in response to a call for
a5sistance zron any other municipality.
11. While each party in answering a call from some other party
hereto shall attempt to furnish a reasonable number of iiren�n on
each piece of eguipment answering such call, the discre_ion of the
fire chief or other fire department of£icer in charge o` fhe equipment
and department of said�party shall be final as to the number of fireme
that can be spared.
12. That in the event af fire cal�s from t�ao or more co�munities
or parties hereto, the first call shall have priority and the second
call shall be answered as soon as possible, it being understood betcae�
all the parties hereto that property within the limits oi each commun:i
shall have first call on the services of its own fire departr.ient.
13. ho liability shall be incurred by a party who shall have
seu�noned assistance under this agree�ent for da�aqe to, or destructio��.
of, fire-fic,hting equip�ent of a party rendering such assistance unlc�
suci damage or destruction shall be caused by �egligent or �nalicious
conduct of any officer or emplayae of the party which has suns�c.r.��' suc'.
P�GE 4
14. That the governing body of each party hereto will appoint
th� Chief of the Fire Department of his cor.u�unity to serve as a Member
of an association formed for the purpose of furthering the purposes of
tnis agreament and increasiny the efficiency of the fire fiyhtir.g
services of. these municipalities by exchange of iniormation,
standardization of equipment, education of personnel, perfection of
methods of fire alarss throughout the territory of these nunicipalities
and such other matters as will serve to mutually assist these
municipalities in the prevention and extinguishment of fires.
15. Any party hereto may withdra� from this agreement by thirty
days notice in writing to the others.
16. A copy of this agreement will be posted at the fire deoartmer
headquarters of each party hereto. Subject to ail of the above
conditions, each of the parties hereto agrees to male every reasonable
effort to attend fires in any of the other communities mentioned hereir
�ohen such assistance is requested as above provided.
IN WITNESS WHEREOF the said municipalities have causad this
agreement to be signed in their respective corporate names by their
resp2ctive duly authorize3 ofiicers by authority of their respective
governing bodies as of this day of
CITY OF ANOKA CITY OF BROOKLYN PARK
BY
Hiayor
BY
City �lanager
BY
Mayor
BY
City yianager
CT1Y OF BROOhLYN CE�iTER CITY OF COLUf4BZA HSIGHTS
BY
riayor
3Y
Ci�y b;anayer
BY
rlayor
BY
City .+lanagcr
PAGG 5
19_
CITY Or COOV RA?
BY
Mayor
BY
City Manage
CITY Or^ CRYSTAL
BY
Mayor
BY
City Ma�ag��.
� -- O� ;sL�E; °IV:...
Ciiy i�;anaga°
C=iY OF FRIDLEY
�.I
t4ayor
$Y
City hianager
CITY OF GOLD;.V VzLL��
Bi
rtayor
�V
City blanager
CZTY Or i�LS?LE GROvE
gy_
Mayar
BY
City Clerk
CITY Or tVEtJ HO?E
D :
Diayor
J1
City I�Ianager
CIY'i O: `iJ:>6U
F�':
_; Y
Cit,� �.`..nager
CITl O_= ?�':��10L''1'r'
gv
Fiayo�
BY
City Cleric-F+cim.
CITY Oc ROBBINSDA�,E
BY
t�layor
Bq
Citr i4anager
CITY P.OG�'RS
�
BY / �!� , '/,!4"`Gi
` /.
d�layor
BY ii���- T �u, a
Citl 2�ianager
CITY O? S:. �'�iTHONY
BY
t•layor
BY
City :�fanager
;,., �. .
10 F
11
RESOLUTION N0.
A RESOLUTION AUTkiORIZING ACQUISITION OF RIGHTS-OF-WAY FOR STREET IMPROVE-
MENT PROJECT ST. 1975-4
WHEREAS, it is necessary to acquire easements and rights-of-way for the
construction of Street Improvement Project St. 1975-4 as listed below:
1)
2)
3)
4)
S)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
Part of Lots 10, 11 and 12, Block 2, Rice Creek Terrace Plat I
Part of Block 12, Lowell Addition to Fridley Park
Part of Parcel 3190, located in the North Half of Section 11
(unplatted property)
Part of Parcel 3200, located in the North Half of Section 11
(unplatted property)
Part of Lot 1, Block 1, East Ranch Estates lst Addition
Part of Lot 1, Block 2, East Ranch Estates lst Addition
Part of Lot 1, Block 1, Osborne Plaza
Part of Lot 2, Block 1, Osborne Plaza
Part of Lot 1, Block 2, Osborne Manor
Part of Parcel 2580, located in the North Half of Section 11
(unplatted property)
Part of Parcel 2610, located in the North Half of Section 11
(unplatted pioperty)
Part of Parcel 2640, located in the North Half of Section 11
(unplatted property)
Part of Parcel 2670, located in the North Half of Section 11
(unplatted property)
Part of Parcel 2700, located in the North Half of Section 11
(unplatted property)
Part of Lot 1, Block 1, Commerce Park
Part of Lot 29, Block 2, Commerce Park
Part of Parcel 3180, located in the North Half of Section 11
(unplatted property)
Part of Lot 1, Block 4, Commerce Park
WHEREAS, the City Council previously determined that the project is feasible
and necessary and has ordered in the improvement; and
WHEREAS, the necessary ensements and rights-of-way will be acquired by pro-
cedures outlined in the Guidelines For Right-of-way Acquisition and Relocation
Assistance under the Uniform Act of 1970.
lI A
Resolution No. -Z-
Acquisition of Easements, St. 1975-4
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley
that:
The City Administration, assisted by the City Attorney is authorized to
acquire the said rights-of-way for the purposes on the improvements of
public streets and utilities.
BE IT FURTHER RESOLVED, that if the Administration is not able to acquire
said rights-of-way upon terms agreeable to the City Council, that the City
Attorney is hereby authorized to commence condemnation action in the Anoka
District Court for the above described rights-of-way.
ADOPTED BY TtiE CITY COUNCIL OF T1� CITY OF FRIDLEY THIS
DAY OF , 1977.
MAYOR - WILLIAM J. NEE
ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
, N ,
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WEAVER, TALLE & HERRICK
CMRRLES R. WEAVER
MEMMRN 1_.TqLLE
VIRGIL C. HERRICK
ROBCRT MUNNS
WILLIAM It.ppODRICM
DOUOL�S E. NLINT
October 25, 1977
Mr. Clyde Moravetz
Engineering Department
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Re: Theisen / Red Owl
Dear Clyde:
,���
DIB EA3T MAIN STREET
ANOKA,MINNESOTA 85303
421-6<13
BY�B UNIVfR51TY 4VfNUE N.E.
FRIOLEY� MINNESOTA 55432
891 -3850
This letter is to confirm our telephone conversation. You had
asked my opinion previously about condemning a portion of the property
presently occupied by the former Red Owl Store on the Northeast corner
of Mississippi Street and University Avenue. You indicated that you
have a copy of my earlier memorandum wherein I suunnarize the terms of
the lease between the fee owner and Red Owl. It is my understanding
that the city is considering acquiring approximately nine percent of
the site, exclusive of the building.
I had a telephone conversation with Art Swanson, who is Mr.
Theisen's son-in-law. Mr. Swanson advised me that they were not con-
cerned about whether Red Owl terminated the lease because of the con-
demnation and, in fact, would just as soon have Red Owl terminate
the lease.
It would appear that if condemnation is necessary in this case,
the city or county would be required to pay the lessor and perhaps the
lessee the difference in value of the property before and after the
condemnation. I of course have no way of knowing what that figure
would be at this time.
I would also request that if condemnation proceedings are to
be started, we be authorized to commence the action early enough so as
not to delay the contemplated construction.
VCH:JLH
Sincerely,
• _� . j
Virgil C�. Herrick
�
11 D
,�r
�
Octobar 28, 1977
Honorable hieyor end City Council
City of Fridley
6431 Univeraity Avenue .I.E.
Fridley, idinnesota 55�+32
Gentlemen and Councilwonen:
Thank you for giving me the opnortunity to serve on the
Himman fteeources Commission. It has been e broadening
experience for me and a tiue of nersonal setisfaction.
I heve meet many peoole and coneider many of them good
frienda.
Expanded per�onal responsibilities and committmnn.#,i,meka�
it imposible for me to continue on the commission. It is
with regret that I submit my resignetion.
Once again, I thenk you for giving me the 0000rtunity to
serve.
Reapec tflxl ly ,
,�
��:��L:.e c�- ;'Si1,..,t.%..
� 'v ' i
Grace Lynch
13
CLAIMS N0,
279P06 - 306P].0
70 BE APPROVED BY
cense:
Shaddrick-La6eau American
Legion Post 303
7365 Central Ave. N.E.
Fridley, Mn. 55432
House of Lords
8298 University Ave. N.E.
Fridley, Mn. 55432
Employee Liquor Dispensina
Susan Marie Broste
5860 73rd Ave. N., Apt. 316
Brooklyn Park, Mn. 55429
P4ary Dawn Brown
645 County Rd. 62 W.
Roseville, Mn. 55113
Gary Sherwood Kreb
il Van Buren So.
opkins, Mn. 55343
ary Theresa Paterson
9 East w'entworth Ct.
inneapolis, Mn. 554I9
an Marie Savat
160 Lincoln Terrace
inneapolis, Mn. 55421
eter Paul Sikora
833 73rd Ave. N., Apt. 26
inneapolis, Mn. 55429
anelle Jane Veilleux
100 Greenview Dr.
ew Brighton, Mn. 55112
hoda Ellen Deziel
227 Wingfield
noka, Mn. 55303
oet LeRoy Jansen
2I3 Independence
hamplin, Mn. 55316
usan hiarie Craig
900 36th Place No.
lymouth, Mn. 55441
��
Robert C. Rosecrans
Thomas Theisen
Theisen Vending
Ground Round
Ground Round
Ground Round
Ground Round
6round Round
Ground Round
Ground Round
House of Lords
House of Lords
Shorewood Inn
MEETING ON
Approved By:
James P. Hill
Public Safety Director
Robert D. Aldrich
Fire Inspector
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P: Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
1
14
$ 100.OG
$ 24.0[
$ 5.0�
$ 5.0
$ 5. f��
$ 5.0"
� 5.0�
$ 5.0[
$ 5.00
$ 5.00
$ 5.0
E 5.0:
e of License: �;
lo ee Liquor Dispensing
Nancy Marie Dey Shorewood Inn
1273 lOth St, N.W., Apt. 208
New Brighton, Mn. 55112
Debra Rae Granville Shorewood Inn
�35 Tyler, Apt. 4
Minneapolis, Mn. 55413
Bonnie M. Kordiak Shorewood Inn
1117 43; Ave. N.E.
Columbia Heights, Mn. 55421
Kathleen Ann Larson Shorewood Inn
7414 Oakley
Fridley, Mn. 55432
Susan Jo Larson Shorewood Inn
647 68th Ave.
Fridley, t4n. 55432
Kathy Marie Westphal Shorewood Inn
11911 Vintage St. N.E.
noka, Mn. 55303
amela t4. Palan Shorewood Inn
916 Roosevelt St.
inneapolis, Mn. 55418
endin Machine
hampion Auto Store Douglas P. Kraska
471 University Ave. N.E.
ridley, Mn. 55432
achining, Inc. Richard Windhorst
40 Liberty St. N.E.
ridley, Mn. 55432
unliner Motel Coca Cola Midwest
881 Highway �65 N.E. L. W. Hanson
ridley, Mn. 55432
P;
Approved BY:
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
Steve Olson
Heaith Inspector
Steve Olson
Health Inspector
Steve Olson
Health Inspector
14 A
$ 5.00
� S.00
$ 5.0(
$ 5. U�
$ 5.0;
$ 5.0
S 5.0.
$ 15.0'.
$ 15.00��
$ � 15.0,�
,�,.
MEMO T0: Dick Sobiech, Public Works Director
MEMO FROM: Jerrold Boardman, City Planner
MEMO DATE: November 3, 1977
MEMO NO.: DS#77-30
RE: American Legion Property, 7365 Central Avenue N.E.
I did a site inspection on the American Legion property, and found
that they have been working on the completion of their obligations to the
City. They have completed the curbing for the rear parking area, and will
be finishing the 6lacktop area tliis week.
I also talked to Gordon Skoin, the property owner, who indicated that
the rest of the landscaping will be completed in the spring.
JLB/de '
1�! B
TIPLE DWELLING LICENSES TO BE APPROVED:
14 C
PERIOD SEPTEMBER 1, 1977 to SEPTEMBER l, 1978
APPROVED B'
ry Noble 5419 - 4th St. NE 4 $12.50 R.D. Aldrich,
�1 Jackson St. NE Fire Prev.
dley, MN 55432