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06/05/1978 - 5411PETER J. FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JUNE 5, 1978 , ,s� . • � � �J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF Jt1NE 5, 1978 The ReguTar Meeting of the Fridiey City,Council was caiied to order at 7:38 p.m. by Mayor Nee. PLED6E OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW MEETING OF MAY 8, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC NEARING MEETING OF MAY 8, 1978: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETING OF MAY 15, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MAY 15, 1978: MOTIOtJ by Councilman 5chneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested two additions to Licenses: (1) Fireworks Permit for the 100 Twin Drive-in and (2) Fireworks Permit for the Fridley V.F.W. Post 363. Mayor Nee stated the staff also requested an item be added: "Consideration of a Resolution Approving Final Plans and Specifications, Street Improvement Project ST. 1978-2 (Sidev�alk on 7th Street, 61st to 63rd) (Addendum #1)." MOTION 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 FORUM, VISITORS: Ms. Connie Modig, Chairman of the DFL Club, explained their request regarding licenses. She explained they are requesting a license to sell pop at the 49er's game and even though the application was also for a beer license, they find this will not be economically feasible because of the insurance requirements. She stated, when appearing before the Parks and Recreation Corr¢nission, they asked for use of their concession stand and this request was denied. She stated, however, they were not discussing licenses with the Parks and Recreation Comnission. Ms. Modig stated she would like to see something in writing regarding the use of the concession stand so they know who is eligible to use 126 REGULAR MEETING OF JUNE 5i 1978 PAGE 2 �` � � the stand. She stated, at this time, however, she is concerned only with the license to sell pop. Mr. Ed Wilmes, 6350 Riverview Terrace, stated there has been concern by residents on the number of trees that were cut down on the Islands of Peace. He stated he met with these residents and took them on a tour of the Islands of Peace so they could see what is being done. Mr. Wilmes stated they have planted a total of about 325 trees. Mr. Wilmes stated he wished to give thanks to Bailey Nursery, who donated some of the trees, and the Department of Natural Resources, who donated seedlings. He stated he also wished to thank the Prudential employees and the Minneapolis. Campfire girls, who donated their time to plant the seedlings. Mr. Wilmes also stated, he hoped, in time, there would be an area for camping fo r the handicapped. Mr. Wilmes read a note written by a girl in a nursing home which conveyed what the Islands of Peace is about. Ne stated she recognized the Islands of Peace as being a much needed place. Mr. Wilmes stated late Senator Humphrey wrote that the Islands of Peace can surely be a true example for other states to follow. Vice President Mondale wrote that the Islands of Peace project will serve as a model for future development of public parks to meet the needs of the handicapped. Mr. Wilmes stated, if ever there are any questions regarding the Islands of Peace, hopefully the citizens of Fridley will contact them. Mr. Henry Peterson appeared before the Council and explained their plans for the 49er Celebration. Ne stated, last year, they had a first class, eight ' division parade and as of this date, they have a six division parade. He stated the last full week in June will be a great celebration in Fridley. He also stated the 49er's are selling hats for $2.00, with $1.00 going to y' help for the cost of the celebration and encouraged everyone to purchase one. f; Mr. Doug Juenemann, 6280 7th Street, asked about the development on 7th Street, � east of the City Hall, and what it would consist of. ; Mr. Sobiech, Public Works Director, stated in the center of the site, there would be townhouse units that will house families. In another portion will be a five-story senior citizen complex and surrounding the block on 7th and 63rd, there would be privately awned single family homes. Mr. Sobiech stated this is a project that is privately developed by the Canadian Financial Corporation and they are using housing and urban development funds, through the Minnesota Nousing finance Agency, to help finance some of the senior citizens' housing and family housing. Mr. Juenemann stated this is a complete change from a.year ago. He stated nobody was notified in the area that they were making these changes. He stated this was to be a special zoning area. Mr. Sobiech explained that the plans were not different and that this development is similar to a development in Golden Valley. Mr. Juenemann questioned who would be eligible to live in these units. Mr. Sobiech stated they are marketa6le units, but wi11 be geared to low and moderate families and senior citizens. Mayor Nee explained the rents for these units would be $302 for a one bedroom; $385 for a two bedroom; and $415 for a three bedroom. Mr. Juenemann asked who would pay the rents. � Mayor Nee stated the tenant would pay, or if they are eligible, they can get Federal assistance. . ,. . •: .,_ . ._.�,_��__._ _____..__ ._.-'_.,... ._..�..."-..___.__.'-.��__L."_.___�._'_.___-'____--_____�_'�_.-____-_-_._.;_..-.___• � 127 � �REGULAR MEETING OF JUNE 5, 1978 PAGE 3 Mayor Nee stated he thought the Council had a whole series of citizen reaction regarding this development. He stated what actually happened was a substantial reduction in the density. He stated, originally, they were thinking about 144 units, however, now there will be 93 family housing units and 103 senior ' citizen units. Mr. Reginald Cobb, 6281 6th Street, was concerned about the construction of these units. He asked if the City was aware that economy lumber is being used in the construction. Mr. Cobb also asked if it was strictly senior citizen and low rental housing. Mayor Nee stated, basically, there are three kinds of housing; single family, the high rise for senior citizens and the apartments. He stated there will be a few people in the area that will be eligible for rent subsidy. He assumes that a fair number of people in the units could be, in some way, subsidized. He stated, depending on their income, HUD will pay the balance of the rent. Mr. Cobb stated he was concerned about the value of their property with the construction of this project. Mayor Nee stated he felt it would increase the value. Mr. Sobiech stated the staff would check into the construction as it must be in compliance with the building codes. Councilman Schneider stated the Section 8 rental subsidy program is not tailored for that particular complex. He stated some of the people living in those apartments will be subsidized and some will not. Mr. Cobb stated he thought, when it was rezoned, the taxpayers were supposed to be notified. Councilman Hamernik stated this development didn't require any rezoning, only a special use permit for the senior citizen building. Mr. Sobiech stated, in past proposals for this property, there was a need for variances, but the property was zoned R-3 and as long as the developers comply with the Zoning Code as far as density, size, etc. they can proceed with development. Councilman Barnette stated the previous owner of the property was before the Council several times and each time increased the number of units. He stated the Canadian Financial Corporation then came in and submitted a very attractive layout. He felt the unique part of this development is that there are some single family homes. Mr. Cobb also asked if it wasn't the law in Fridley, when they have complexes like this, to provide a sheTter in the case of tornadoes. Mayor Nee stated, this is not a law, but probably should be something to look into, especially in trailer parks. Mr. Juenemann asked if the apartments being subsidized are for the poor people in Fridley. Mayor Nee felt anyone could apply as long as their income didn't exceed $16,000. Mr. Sobiech felt they may be getting this development confused with public housing sites. Councilman Fitzpatrick stated, if an individual wants to rent one of the units, they apply directly to HUD. Under Section 8, they have to pay a rental up tp one-fourth of their annual salary and, if their particular unit costs more, then the owner gets the balance of the rent from Section 8 funds. 12II ,, . REGULAR MEETIN6 OF JUNE 5, 1978 PUBLIC HEARINGS: CONTINUED PUaLIC HEARING ON PARKS AND OPEN SPACE PLAN: PAGE 4 : : 0 Mr. Sobiech, Public Works Director, stated the public hearing on the Parks and Open Space Plan was continued and was discussed at the Council's Conference P1eeting. He stated this plan would be brought back later in the year, as part of a total package of an overall comprehensive plan. He stated, at that time, they would bring back solutions to barrier problems for getting people to the neighborhood parks. He stated the items discussed by the Council, along with input from the Comnissions, would be brought back at a future date. , No persons in the audience spoke regarding the Parks and Open Space Plan. MOTION by Councilman Barnette to close the public hearing on the Parks and Open Space Plan. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m. OLD BUSINESS: ORDINANCE N0. 677 fOR STREET AND ALLEY VACATION SAV #78-01, BY 4800 BLOCK MOTION by Councilman fitzpatrick to waive the second reading of Ordinance No. 677 and adopt it on the second reading and publish. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 678 FOR ZONING ORDINANCE AMENDMENT ZOA Mayor Nee pointed out the ordinance now includes Lots 3 and 4 of Block 8 of City View Addition in the rezoning and a waiver has been received from the property owner, Mrs. Abitz. MOTION by Councilman Fitzpatrick to receive the waiver notice from Mrs. Theresa Abitz as shown on Page 3E of the agenda book. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 678 and adopt it on the second reading and publish, with the amendment to include Lots 3 and 4, Block 8, City View Addition in the rezoning, the same being 216 - 57th Place. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated Holiday Village, the owners of the property at 210 - 57th Place are not interested in having this property rezoned and the property at 218 - 57th Place is part of an estate and property owners are located throu9hout the country. ORDINANCE N0. 679 FOR ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE STATE BANK, REZONE FROM M-2 TO C-2; 225 OSBORNE ROAD: MOTION by Councilman Hamernik to waive the second reading of Ordinance ' No. 679 and adopt it on the second reading and publish. Seconded by � Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLES 5/1/78 and 5/15/78): Councilman Barnette nominated Marlyis Carpenter for appointment. , .. � _ _ - _ _ . � � � �i� • - -..<___ _._ .� .__ ___.__ _____ __ __._._____. _ _.__._ _. _ _ _� ---- - ----,..- -- ------ - __;_ - -- _ _-----_ _ _ _ __ _ _ -� REGULAR MEETING OF JUNE 5, 1978 Councilman Fitzpatrick nominated Peter Truenfels. Councilman Hamernik nominated Betty Enkhaus. PAGE 5 129 Each Councilman reviewed the backgrounds of the person they nominated for appointment. UPON A ROLL CALL VOTE TAKFN ON THE NOMINATIONS, Councilman Barnette, Councilman Schneider and Mayor Nee voted for Marlyis Carpenter; Counci7rnan Hamernik voted for Betty Enkhaus; and Councilman Fitzpatrick voted for Peter Truenfels. Mayor Nee declared Marlyis Carpenter appointed to the position on the Human Resources Commission by a 3-2 vote. ' NEW BUSINESS: CONSIDERATION OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-03, BY THEODORE BURANDT, REZONE FROM R-3 TO CR-1; 941 HILLWIND ROAD N.E.: Councilman Schneider stated his concern has been with the residential property to the North and stated he did talk with the persons living in this residential single family home. Ne stated they have indicated they are confortable with the rezoning application that is before the Council. Councilman Schneider stated the petitioner, Mr. Burandt, has met with the staff to insure that the residential unit would be brought to code in order to be used as an office building. He stated he believes Mr. Burandt is in agreement with the list of 9 stipulations recommended by staff. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with agreement by the petitioner on the 9 stipulations outlined on Page 6A of the agenda book, before the second reading of the ordinance. Seconded by Gouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Councilman Schneider stated, because of the existing real estate development on that corner, he felt the council is somewhat locked into this situation. He stated, in general, he would not be supportive of a residential structure being used as an office, but because of the unique character of the development on this corner, he felt it would be acceptable with the stipulations recommended by staff. Mr. Burandt stated he would go along with the Sign Ordinance in its entirety, but still felt the height of six feet for the sign is a safety factor and that it should be of a height that is unreachable for children. Mr. Sobiech, Public Works Director, stated the Sign Ordinance states what the height restrictions are and there has been considerable discussion on this item, and felt the ordinance should be followed. Mr. Burandt stated he intends to follow the ordinance, but wanted to be on record that he objects to it. ON OF AN ORDINANCE_AMENDING CHAPTER 18 OF THE CITY CODE OF FRI � Mr. Qureshi, City Manager, stated more and more people are getting into the ( I business of sweeping chimneys and it was felt there should be some control iby the City. It is recommended, therefore, that this trade be added to require a license and require persons to carry some kind of insurance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �— i i i 130 . REGULAR MEETING OF JUNE 5, 1978 � PAGE 6 CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, SP �78-05, BY BENNIE ROZMAN; � 8031 BEECH STREET N. E.: Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow a discu teen center operation at 81st and Beech Streets. He stated the Planning Commission had recommended denial and a public hearing was held before the Council and input was received at that time from the Public Safety Director regarding his concerns. Mr. Sobiech stated the disco operation is proposed to be located in an industrial zoned area. Councilman Schneider stated he had reason to believe that the disco center in Eagan is not operated and owned by the petitioner, Mr. Rozman. Mr. Rozman stated he is not now operating the disco center in Eagan, but it is operated by his nephews. He stated he provided the financial backing and laid out the ground rules. Mr. Tom Obert, owner and manager of Great Skate at Osborne Road and Highway 65, stated they have obtained a dance permit from the City of Spring Lake Park to operate a disco teen center at Great Skate and feit approval of this special use permit would have an adverse effect on his business. Mayor Nee stated he hoped Mr. Obert understood that they couldn't consider his statements as argumentative. Mr. Herrick, City Attorney, stated Mr. Obert certainly is at liberty to make the statement, however, this could not be grounds for determination as to whether the application for the special use permit should be approved or denied. Mr. Rozman stated he is glad Mr. Obert feels he would be undue competition. He stated it has come to his attention that a few things have to be looked into and asked the Council to table his request for two weeks, if possible. MOTION by Councilman Hamernik to table this request for a special use permit to the June 19, 1978 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 1978: 1. COMPREHENSIVE SEWER PLAN: MOTION by Councilman Fitzpatrick to set the public hearing on the Comprehensive Sewer Plan for June 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. APPEALS COP1MISSION MEETING OF MAY 9, 1978: A. SANDY OVEN, 5821 2? STREET: Mr. Sobiech, Public Works Director, stated this is a request for variances to reduce the required side yard setback from 13 to 8.7 feet; to reduce the minimum lot width from 50 to 40 feet; and to reduce the lot area required for a lot recorded before December 29, 1955 from 7,500 square feet to 5,218 square feet to allow a 20 x 20 foot addition for property at 5821 22 Street. Mr. Sobiech stated the Appeals Commission did hear the matter and reco�nended approval. The petitioner, Ms. Oven, was not present regarding her request for the variances. MOTION by Councilman Fitzpatrick to concur with the recorr�nendation of the Appeals Corrmission and approve the requested variances. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �o . _ . _ _ _ . _ , _ _ _ ., , ' 131 I � � I REGULAR MEETING Of JUN[ 5, 1978 PAGE 7 ' � — — B. SEIORFWOOD SHGPPING CENTER,_6?25 TH 65 (PI.AZA VII_LA RESTAUR/1NT) j 6259 TN 65: Mr. Sobiech, Public Works Director, stated this is a request to permit a variance to the free standing sign requirement at the Shorewood Plaza Shopping Center to increase i:he maximum syuare footage from 80 square feet to 344 squa�°e feet. He stated thei°e presently is an exisi;ing free standing sign of approximately 250 square feet and the additional variance requested is to reduce the mimimum sethack for the siyn from the required l0 feet to "0" feet, to allow construction of a second free standing sign at the Shorewood Shopping Center. Mr. Sobiech stated this item was heard by the Appeals Commission and they recommended denial for several reasons: (1) because of a lack of information, including an overall p7an for signaye that had been requested by staff; (2) excessive square footage of the existing sign; (3) because of a prior request that the sign be removed; (4) a traffic safety factor resulting from the pylons being located directly next to a driveway; and (5) havjng two pylon signs for a shopping center may not be desirable. Mr. Sobiech stated they have indications from the Shopping Center owner, Mr. Saliterman, that they would like to incorporate a mansard signing system into the existing structure which would, more or less, present a scheme for the entire shoppiny center cornplex. He stated he hoped they would have a plan that could perhaps incorporate the Shorevrood Plaza existing sign, with the new business. Mr. Chuck Nordquist of the Nordquist Sign Company, spoke on behaif of Plaza Villa Restaurant, and �felt the free standing sign was absolutely necessary fior the restaurant. He stated he believed the shopping center is allowed two pylon s�9ns and they now have one existing sign and this would be the second. Councilman Schneider stated a new Sign Ordinarice has been developed, since the Y.ing Chalet went out of bus?ness, and it was the Council's intention, when they asked the sign be removed, that the pylon also would be taken down. He stated the City hasn't actively pursued trying to get the pylon taken down because by August 1 plans should have been submitted for signing. Councilman Schneider explained the intent of the free standing signs in the shopping center were to identify the shopping center and the signing on the building itself would t�e used to identify each of the businesses within the center. . Mr. Wyman Smith stated the pylon sign was a$10,000 investment for Mr. Saliterman which hasn't been amor°tized as yet. He stated when it wears out, it will be replaced with a sign that would conform. He stated Mr. Elliott Saliterman is here this evening and would confirm the fact that he was in agreement with the City staff's expectations with making improvements around the existing sign with some greenery, curbs, etc. Mr. Smith stated the sign plan for i;he center will take a number of months to complete, however, the staff has been notified of their intentions. Mr. Elliott Saliterman stated, initially, when they were trying to rent the King Chaiet property, part of the real property included the possibl,e•use of the existing sign and tnen the ordinance was changed and they would again like to use the existing sign. He felt the identification sign wouid be very important for the new restaurant going in the shopping center. Councilman Schneider stated the problem is, if they approve this sign, there is no way the stiopping center can be in conformance with the Sign Ordinance because this sign alone is over the maximum allowed. Mr. Sobiech, Public Works Director, asked if they had looked into the possibility of incorporating the restaurant signing into the pylon. �„� JG _ _ _ _ . _ _ _ _ _ _ ___ . _ _ _ _ ._. - REGULAR MEETING OF JUNE 5, 1978 PAGE B t•tr. Saliterman stat;ed M.r. Sobiech's point is a valid one, but what is then to prevent all.the other businesses in the shopping center requesting the same consideration. Mr. Saliterman stated they are almost ready to let contracts for the mansard signing which will be built a few feet behind the existing signs. He stated the existing signs at this time will remain just above the canopy, as they are now. Mr. Sobiech asked about the Country Club sign which now exists. Mr. Saliterman felt they would be agreeable to coming down on the canopy with their sign. Mr. Saliterman then explained his plans for the mansard signing. Mr. Sobiech stated he didn't have any problern with the concept, but is trying to get a decrease in the amount of footage and do away with the existing pylon. Mr. Wyman Smith stated he would agree that once this center expands, then no longer will the existing sign meet the needs and the sign will be changed. Mayor Nee quest�ioned the life of a free standing sign. Mr. Nordquist felt the existing pylon sign would be good for another six or seven years. Mayor Nee asked Mr. Saliterman if he would be willing to change the sign in six years and he stated that would be a possibility. ' Mayor Nee stated he does not like to disagree with the recommendation of the Appeals Commission, but did feel the restaurant sign was needed. Councilman Schneider stated he would feel more agreeable to allowing the proposed sign, if the owners could show a movement in bringing the sign into compliance ��ith the code in a certain period of time. Mr. Sob�ech stated this is the reason why staff felt the need for an overall sign plan. Councilman Schneider felt the objective would be to get the overall plan, and an agreement regarding the mansard sigrs and what steps would be taken by the owner to bring the signs into compliance with the Sign Ordinance. MOTION by Councilman Schneider to table this item and refer it to staff fOr further work and information. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of May 17, 1978. Seconded by Counci]man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion unanimously. RECEIVING THE CABLE TELEVISION COP4MISSION MINUTES OF MAY 18, 1978• MOTION by Councilman Hamernik to receive the minutes of the Cable Television Commission meeting of May 18, 1978. Seconded by Councilinan Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he expected staff would handle the request by the Commission for the $2,000 for the equipment. � RECEIVING CHARTER COMMISSION MINUTES OF APRIL 18, 1978: MOT10N by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of April 18, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ _ _ __ __._... . _ _ _ _ _. . REGULAR MEETING OF JUf�E 5, 1978 RECEIVING CHARTER COMf^ISSION t��INU7ES OF MAY 17, 1978: PAGE 9 A10TI0�J by Councilman Hamernik to receive the minutes of the Charter Commission meeting of P1ay 17, 1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated Judge Forsbei°g called him and invited the Council to submit names of �ersons for potential members of the Charter Commission. Ne felt this should be an iiem for the Council meeting next week. CONSIDERATION QF APPROVAL OF CH(�NGE ORDER �l; STRFET IMPROVEMENT P ST. 1978-2�SIDE�dALK ON 7TH STREET, 615T TO 63RD ACDENDUM #l� IDERATION OF A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED 011EMENT OF STREETS ONTO THE EXISTING STRE�T IMPROVEM�NT PROJECT ST. � Councilman Schneider stated he received a call from Mr. Saunders, �vho is the property owner affected b,y the sidewalk on the east si�!e of 7t" Street, and there apparently was a misunderstanding as he thought th� enci of the sidewalk would be 11 feet from his lot line. Councilman Schneider stated, therefore, when he spoke with Mr. Saunders, he indicated he would not grant the easement for the sidewalk. Council- man Schneider stated he d;dn't fieel they should order in the improvement when they don't have the easement. Councilman Fitzpatrick stated he felt Mr. Saunders' property is a good deal above street levei and it seemed a sidewalk set in very far would create a steep drop. Mayor Nee asked if the sidewalk could be const��ucted in the City's ease- ment. Mr. Sobiech stated, if this was done, there would be a problem of having enough room for snow storaye. Councilman Fitzpatrick asked how the sidewalk would be constructed in relation to the present concrete driveway. �ir. Sobiech stated the sidewalk would tie into the existing driveway as they would not remove the concrete driveway s7ab. Mr. Qureshi, City Manager, felt the Council had three alternatives; not to proceed with the improvement; proceed with the improvement only on public property; or to acquire the easement for construction of the side- wa7k on private property. Mayor Nee suggested possibly the Engineering Department coa7d Stake the �roperty in order to show Mr. Saunders exactly where the sidewalk would #�e constructed and then talk to him about it. Mr. Qureshi stated that staff would contact Mr. Saunders and request his permission to stake the property and bring this item back to Council next Monday. Councilman Schneider asked that he be notified when staff contacts Mr. Saunders. Councilman Fitzpatrick stated he would have to agree with Mr. Saunders and although he is sensitive to the safety factor, doesn't think the plan of having children wa]king on the street on 63rd is awfully safe either. MOTION by Cour�cilman Schneider to table this item. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�3 -2 . _ _ . _ __ __ _ 1 �.;i �? � REGULAR MEETING OF JUP�E 5, 1978 Page 10 CONSID[RATION OF A REQU�ST BY SCHOOL DISTRICT ;14 FOR WAIVER OF PERMIT FEES `� fOR REPLACFh1ENT Of GYh1 3LEACN[RS: MOTIOPJ by Councilman Schneider to approve the waiver of permit fees as requested by School District #14 for replacement of gym bleachers. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION rl1-1978 REQUESTING I�•fPROVEMENT OF ALLEY BETWEEN 58TH AND 59TH AVEf�UES AND 2-1/2 AND 3RD STREETS: MOTION by Councilman Barnette to receive Petition #11-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public 4�Jorks Director, stated the petition is f.or improvement I of the alley between 5IIth and 59th Streets and 2-1/2 and 3rd Streets, ' which is in the Hyde Park area. He stated resolutions are on the Council's �` agenda this evening calling for preliminary plans and a public hearing ' regarding these improvements. � RESOLUTION N0. 41-1978 ORDERItJG PRELIMINARY PLANS, SPECIFICATIONS AND MOTION by Councilmah Fitzpatrick to adopt Resolution No. 41-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tf�e motion carried unanimously. RES01_UTION N0. 42-1978 RECEIVIPJG PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF TNE CONSTRUCTION OF CERTAIN IMPROVE��IENTS: STREET IMPROVEMEf�T PROJECT ST 1978-1, ADDENDUM �4 NYDE PARK ALLEY : MOTION by Councilman Schneider to adopt Resolution No. 42-1978. Seconded by Councilman Hamernik. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION NO 43-1978 RECEIUING PRELIMINARY REPORT AND CALLING A PUBLIC HFARTNG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET ' IMPROVEMEPIT PROJECT ST. 1978-1, ADDEPJDUh9 ,3 �UNIVERSITY AVENUE SERVICE ROAD, 81ST TO 85TH : MOTION by Councilman Hamernik to adopt Res�lution No. 43-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. Q4-197£3 APPROVIPdG ELEVATIONS AND GRADES FOR INTERSECTION IMPROVE��IENTS ON TH 47 AT NISSISSIPPI STREET, OSBORNE ROAD AND UNIVERSITY EXTENSION ST. 1975-4 CONSIDERATION OF AUTHORIZATION OF AGREEMENT ;t5II894 BETWEEN RESOLUTION NO 45-1978 AUTHORIZING EXECUTION OF AGREEMENT #59091 B e MOTION by Councilman Hamernik to adopt Resolution No. 44-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to authorize the execution of Agreement j #58894 between the MnDOT and City of Fridley. Seconded by Councilman ) Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Resolution No. 45-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee ' declared the motion carried unanimously. � . REGULAR MEETING OF JUNE 5, 1978 RESOlUTION NO 46-]978 APPROVING PLANS AND * 135 � Page 11 ' IN6 ADYERTISEMENT FOR EATER-SCARIFYING AND OVER- Mr. Sobiech, Publi� Works Director, stated in�the maintenance program of the City's streets the surface treatment program has consisted of sealcoating and bituminous overlays. He stated, in the interest of re- cycling existing bituminous roadways, the heater-scarification process appears to be feasible for use by the City. He explained this process consists of evenly heating the existing pavement surface, scarifying and mixing to a depth of 3/4 inch, and leveiing to an evenly spread surface. This recycled surface is then overlaid with a thin section of bituminous material which makes use of the existing surface and allows a reduction in the depth of overlay needed. Mr. Sobiech stated the streets proposed for the heater-scarification project would be 7th Street from Mississippi to 53rd Avenue; 61st Avenue from University to Carol Drive; and West Moore Lake Drive from 61st Avenue to 1,200 feet south. Mr. Sobiech stated they would like to try this process on the MSA streets and would recommend the City procead with the program, if MSA funds can be used. He stated, however, if MSA funds could not be used, it is recommended the City not get involved as it is quite costly. MOTION by Councilman Schneider to adopt Resolution No.. 46-1978. Seconded by Councilman Hamernik. .Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 47-1978 AUTHORIZING A TAX LIMIT BASE INCREASE: Mr. Brunsell, City Clerk, stated this resolution would start the necessary administrative process if the City intends to increase its tax base. He stated the resolution is not a tax resolution, but in the form of a hearing notice that must be published four times and a public hearing held on Monday, July 17, 1978. Mr. Brunsell stated the 1977 Legislature authorized this one time increase in the tax bese, but the City must still take action in September or October to decide the taxes 9t will levy. MOTION by Councilman Barnette to adopt Resolution No. 47-1978. Seconded by Councilman Schneider. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIOP� N0. 48-1978 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 10, PARCEL 1840, AUDITOR'S SUBDIVISION N0. 2Z: Councilman Hamernik questioned the location of these parcels which was given by Mr. Brunsell. Mayor Nee suggested it may be a good idea, in the future, to identify these areas. MOTION by Councilman Schneider to adopt Resolution No. 48. Seconded by Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 49-1978 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEI 5400, SECTION 2: MOTION by Councilman Schneider to adopt ResoTution No. 49. Seconded by Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 50-1978 CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1978: � MOTION by Councilman Fitzpatrick to adopt Resolution No. 50-1978, including Marlyis Carpenter, newly appointed member of the Human Resources Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 13-1978 REQUESTING SPEED CONTROL, ADDITIONAL LIGHTING AND—RDUIF . *, � 1'3 h REGULAR MEETING OF JUNE 5, 1978 Page 12 � � ; , MOTION by Councilman Schneider to receive Petition No. 13-1978. Seconded ', by Councilman Hamernik. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. • � Mr. Sobiech, Public Works Director, stated tne City has no history of accidents in this area, and as far as the street lights, it would be a � deviation from the City's street lighting policy. RECEIVING PETITION N0. 14-1978 REQUESTING STOP SIGN TO SLOW DOWN TRAFFIC ON GARDENA AVENUE: M07ION by Councilman Schneider to receive Petition No. 14-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated the City of New Brighton has a stop sign only a block away from Stinson and Gardena. He thought perhaps staff could contact New Brighton to see if they would be willing to remove their stop sign if Fridley installed a four way stop at Gardena and Stinson. Mr. Sobiech stated staff did make a study and there is no way they can warrant a four way stop at this intersection. MOTION by Councilman Schneider to request staff to contact New Brighton about the possibility of removing their stop sign, if a four way stop was installed at Stinson and Gardena. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 15-1978 REQUESTING THAT METROPO�ITAN MQSQUITO CONTROL SPRAY FOR MOSQUITOES IN TNE NATURE STUDY PARK: ' MOTION by Councilman Schneider to receive Petition No. 15-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to authorize payment of Claims No. 125B18 through 151986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses, where a waiver was requested of the license fee, and approve the temporary licenses, as submitted. Seconded by Councilman Hamernik. Mr. Brunsell, City Clerk, pointed out the ordinance doesn't provide for the waiver of the fees. The City Attorney, Mr. Herrick, stated; however, it is possible for Council to act to waive the fees. Mayor Nee asked if the bond is part of the fee waiver. Mr. Brunsell stated it is not part of the license as such, but a cleanup deposit is required. A representative from the Jaycee's stated he didn't believe there was any problem in the past regarding cleanup. He stated they have made arrangements with Lofgren Sanitation to come in every day to pick up the trash. He stated this year the Jaycee's are sponsoring a carnival at the Columbia Arena parking lot; however, they would clean up the premises, after the carnival leaves the premises. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman fitzpatrick to approve the waiver of the deposit, as requested by the Fridley Jaycee's. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .. . :. �� ;` � . ( ----_ �-- _ ; _ :_ _ __ - - - _. -- , � REGULAR MEETING OF JUNE 5, 1978 Page 13 MOTION by Councilman Fitzpatrick 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. FIREWORKS PERMITS - 100 TWIN DRIVE-IN AND FRIDLEY UFW POST 363: MOTION by Councilman Hamernik to grant the fireworks permits to 100 Twin Drive-In and the Fridley UFW Post 363. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted: E. A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL Estimate #10, More Lake Evaluation and Restoration Project $ 271.20 NDH Asphalt 700 Industry Ave. NW Anoka, MN 55303 PARTIAL Estimate #1 Street Improvement Project St. 1978-1- 145,248.34 Street Improvement Project St. 1978-2 49,922.73 Street Improvement Project St. 1978-4 13,725.10 Logan & Styrbicki W-856 First National Bank St. Paul, MN 55101 A.J. Chromy Construction Co. versus City of Fridley For 1 copy of the deposition 84.30 Suburban Engineering, Inc. 6875 Nighway No. 65 N.E. Minneapolis, MN 55432 For prints and copies of Harris Lake Estates Project 16.10 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AQJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 5, 1978 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: 137 1 MEMO T0: ., a � DEPARTMENT HEADS. Following are the "ACTIONS NEEDED" Please have your answers back in the City Manager's Office by Wed. Noon, June 14, 1978. REGULAR f�IEETIidG — JUP�lE 5, 1978 — 7:30 P,f�l, . PLEDGE OF ALLEGIANCE: APPROVAL OF M I PJ(�TES : BOARD OF REVIEW MEETING OF MAY 8, 1978 PUBLIC iiEARING r•�EETING OF MAY a, 1978 �ONTINUED BQARD OF REVIEW MEETING OF MaY 15, 1978 REGULAR �OUNCIL MEETING OF MAY �.5, 1978 All Minutes approved as presented ADOPTION OF AGEidDA: Add: Approval of Licenses for Fireworks for i00 Twin Drive in and VFW Post 363 Consideration of Resolution Approval Final Plan - ST. 1978-2, Addendum #1 (Change Order #1) � OPEP� FO RU��, V I S I TORS : �CONSIDER/�TION OF ITEMS ��OT ON AGENDA — 1� MINUTES) , � ENGINEERI CITY MANAGER GULAR MEETIPJG, JU�JE 5, 1978 PUBLIC NEARINGS: CONTINUED PUBLIC NEARING ON PARKS AND OPEN SPACE PLAN� �� Hearing closed at 8:15 P.M. ACTION NEEDED: Proceed on finalizing the plan O�.D BUS I NESS ; CONSIDERATION.OF SECOND READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #%a—Ol, BY �OSEPH SINIGAGLIO; GENERALLY LOCATED BETWEEN THE �%OO BLOCK AND 4300 BLOCK ON 3RD STREET� � � � � . � , � � � � . Ordinance No. 677 adopted ACTION NEEDED: Publish Ordinance in Fridley Sun � PAGE 2 1 . . 2-2A CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #7g—O4, BY THE CITY � OF FRIDLEY TO ESTABLISH A NEW ZONING DISTRICT, S—l; GENERALLY LOCATED FROM S%TH AVENUE TO CIST AVENUE AND �NIVERSITY TO MAIN STREET� � � � � � � � . , , , � � , , 3 — 3 E . Ordinance No. 678 adopted with amendment to include Lots 3& 4. Block 8, City View Addition in the rezoning. Council received waiver from Mr. Abitz EPdGTNEERING RETION NEEDED:- Amend Ordinance as directed by Council : � CITY_ MANAGER CITY MANAG ACTION NEEDED: Publish amended Ordinance in Fridley Sun CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE STATE BANK, REZONE FROM M—Z TO C—Z; Z25 OSBORNE ROAD� Ordinance No. 679 adopted ACTION NEEDED: Publish Ordinance in Fridley Sun , , 4-4A CTTY MANAGE ENGINEERING FIRE DEPT.. OLD BUSINESS (COPdTINUED) APPOINTMENT TO HUMAN RESOURCES COMMISSION �TABLED -5/1/78 aND 5/15/78) , , , , , , , , , , , , , , , , Marlyis Carpenter was appointed 6528 Ben More Drive 571-4170 ACTION NEEDED: Write to Ms. Carpenter regarding appointment iJEW BUS IlVESS : ,,.,5 PAGE 3 CONSIDERATION OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #�$—O3, BY THEODORE BURANDT, REZONE FROM R-3 -ro CR-1; 941 H I LLW I ND ROAD i� . E,,.,,,,,,. 6- 6 C Approved on first reading with condition that stipulations are to be agreed upon by Mr. Burandt before second reading ACTION NEEDED: After discussion with Mr. Burandt regarding agreement on stipulation, put on agenda for second reading CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER I$ OF THE CITY CODE OF FRIDLEY BY ADDING TO THE LIST OF SPECIFIC TRADES REQUIRING A LICENSE AND SETTING NEW LIMITS OF INSURANCE COVERAGE--CHINII�EY.SWEEPS� � �� % Approved on first reading _ACTION NEEDED: Put on_next regular_agenda for_second reading � � - _ I _,I CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, � . SP #78-05, BY BENNIE ROZMAN; 8031 BEECH STREET N�E� �� S' H A � Item tabled to meeting of June 19, 1978 ENGINEERING ACTION NEEDED: Put back on agenda of June 19, 1978 0 , ENGINEERING ENGINEERING ENGINEERiNG CITY PAGE 4 fdEW BUSI�ESS (CONTI�dUED) RECEIVING THE MINUTES OF THE PLANNING COMMISSION : P�IEET I NG OF MAY 17, 1978 � , , , , , , , , , , , , , , , , 9 — 9 AA 1. Comprehensive Sewer Plan . . . . . . . . . . . . . . 9E - 9F Planning Comm. Recommendation: Approve Council Action Required: Set public hearing for June 12, 1978 Public Hearing set for June 12, 1978 ACTION NEEDED: Make arrangements for public hearing 2. Appeals Commission Meeting of May 9, 1978 A. Sandy Oven, 5821 22 Street. . . . . . . . . . . 90 - 9S Appeals Comm. Recommendation: Approve & 9Y - 9Z ' Council Action Required: Consideration of recommendation Approved ACTION NEEDED: Inform applicant of Council action B. Shorewood Shopping Center, 6225 TH 65 (Plaza Village Restaurant, 6259 TH 65). :... 9S - 9X Appeals Comm. Recommendation: Deny & 9� Council Action Required: Consideration of recommendation Referred to staff � ACTION NEEOED: Put this item back on later agenda with further information � - .:, .. _ - _ RECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF � C�1aY18,197�,,,,,,,,,,,,,,,,,,,,,, 10-10H 1. Budget Request. . . . . . . . . . . . . . . l0E & lOH CATV Recommendation: $2,000 for equipment Council Action Required: Consideration of recommendation Referred to staff � £R ACTION NEEDED: Consider as part of budget as recommenation by Commission R MEETING, JUf��E 5, 1978 NEW BUSIl�JESS (COiVTINUED) P�GE 5 � RECEIVING CHARTER COMMISSION h�1NUTES OF . '. . APR I L IH, 1978 , � , , , , , , , , , , , , , , , , , , , 11 - 11 D Minutes received ENGINEERING ACTION 7AKEPJ: Minutes have been filed for future reference RECEIVING CHARTER COMMISSION �`�1NUTES OF f�AY l7, 1973 , , , , , , , , , , , , , , , ,. , , , , , , 12 - 12 A � Minutes received ENGINEERING ACTION TAKEN: Minutes have been filed for future reference ENGINEERING �ENGINEERING CONSIDERATION OF APPROVAL OF CHANGE ORDER #1: STREET IMPROVEMENT PROJECT ST� I9%�-Z CSIDEWALK ON %TH STREET, 61ST TO 63RD).CADDN� #1). � � � � � � � . 13 - 13 A and Added: Consideration of Resolution Approving Final Plans - ST. 1978-2, Addendum #1 (Change Order #1) Items tabled � ACTION NEEDED: Get permission frcm Wayne Saunders to stake the proper location of the sidewalk so he and the City Council members can see it. Advise him that the tiem will be on the June 12 meeting so he can appear. CONSIDERATION OF A REQUEST BY SCHOOL DISTRICT #14 FOR ��AIVER OF PERMIT FEES FOR�REPLACEMENT OF GYM � BLEACHERS � � � � � � . � � � � � � � � � � � � � � � , , 14 Request approved ACTION NEEDED: Inform School District #14 of Council action , • NEW BUSI�JESS (CO�JTI�dUED) IENGINEERING ENGINEERING �ENGINEERING ENGINEERING 1978 RECEIVING PETITION �11—I9%3 REQUESTING IMPROVEMENT ALLEY BETWEEN SgTN AND 59TH AVENUES AND Z� AND 3RD STREETS � � � � . � � � � � � � � � � � . � � � � � Petition received ACTION NEEDED: Proceed as authorized PAGE 6 OF , , , 15-15B CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATION AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1978-1, ADDENDUM #4 �HYDE PARK ALLEY) � � � � � � � � � � � � . � � � � � � Resolution No. 41-1978 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST, 1978-1, ADDENDUM #4 iHYDE PARK ALLEY) � � � � � � � � � � � � � � � � � � Resolution No. 42-1978 adopted ACTION NEEDED:_:-:Proceed as;,authorized _, 16 0 ,,17-17A CONSIDERATION OF A RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST, 1978-1, ADDENDUM #3 iUNIV� AVENUE SERVICE ROAD, gIST TO $STH)� � � � � � � � � � Resolution No. 43-1978 adopted ACTION NEEDED: Proceed as authorized , 18-18A Gl1LAR MEETING, JU�JE 5, 1978 �dEW BUSINESS (CONTINUED} CONSIDERATION OF A RESOLUTION APPROVING ELEVATIONS . AND GRADES FOR INTERSECTION IMPROVEMENTS ON TN 47 AT MISSISSIPPI STREET� OSBORNE ROAD AND UNIVERSITY EXTENSION (ST, 1975-4) AND CONSIDERATION OF AUTHORIZATION OF AGREEMENT #5$�J4 BETWEEN THE MNDOT AND CITY OF FRIDLEY (UTILITY RELOCATION WoRK>(ST, 1975-4) AND CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF AGREEM�NT #�9091 BETWEEN THE MNDOT, CITY OF FRIDLEY AND COUNTY OF ANOKA iTRAFFIC CONTROL SIGNAL REVISIONS, STREET LIGNTS AND SIGNING) (ST , 1975-4 ) , , , , , , , , , , , , , , , , , , , , , . Resolution �Va. 44-1978 adopted (Elevations & Grades; Resolution PJo. 45-1978 adopted (Agreement #59091) and Agreement #58894 approved for execution � IPdEERING ACTION NEEDED: Proceed as authorized NGINEERING PAGE 7 , 19 - 19 R CONSIDERATION OF A RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVE— MENT PROJECT ST. 1978-6 �HEATER—SCARIFYING AND OVERLAY PROJECT) � � � � � � � � � � � � , , , � . , , , 2O — ZO B Resolution No. 46-1978 adopted . ACTION NEEDED: Proceed as authorized _ CONSIDERATION OF A RESOLUTION AUTHORIZING A PERMANENT TAX LEVY LIMIT BASE INCREASE� �� ZI — ZI B Resolution No. 47-1978 FINANCE ACTION NEEDED: Proceed as authorized • � .. FINANCE fCITY MANAGER �. . .__ IENGINEERING G, JUNE 5, 1978 NEW BUSINESS (CONTIN�ED) CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LoT 10, PARCEL Ig4O, AUDITOR�S SUBDIVISION �0� 22� �� Resolution No. 48-1978 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 5400, SECTION Z � � � . � � � � � � � � � � � � � � � � � � � � Resolution No. 49-1978 adopted ACTION NEEDED: Proceed as authorized 1� • .22-22A , 23 - 23 A �. CONSIDERATION OF A RESOLUTION CONFIRMING APPOINTMENTS TO THE �ITY OF FRIDLEY �OMMISSIONS FOR THE YEAR 1978. � 24 - 24 E Resolution No. 50-1978 adopted with addition of Marlyis Carpenter on Human Resources Commission ACTION NEEDED: Distribute copies of resolution to Commission members RECEIVNG PETITION N0, 13-1978 REQUESTiN� SPEED �ONTROL, ADDITIONAL LIGHTING, AND ROUTE FOR TRUCK TRAFFIC� �� Petition received � • ACTION NEEDED: Research requests and advise 25 - 25 A _ . , ENGINEERING PARKS & REC iFINANCE � IFINANCE ; IFINANCE PJEW BUSINESS (CONTINUED) RECEIVING PETITION N0, 14-1978 REauESriN� STOP STGN TO SLOW DOWN TRAFFIC ON GARDENA AVENUE� �� Petition received. Staff is contact New Brighton to determine if they would be willing to remove their stop sign if Fridley put a four-way stop at Stinson and Gardena ACTION NEEDED: Contact New Brighton and advise RECEIVING PETITION ��0� 15-�g%g REQUESTING THAT METROPOLITAN MOSQUITO CONTROL SPRAY �OR MOSQUITOES I N THE iVATURE STUDY PARK � � � . � � � � � � � � � � � � Petition received N� ACTION NEEDED AT THIS TIME PAGE 9 26-26B 27 - 27 C. �LA I MS � � � � . � . � � � � � . � � � � � � � � � � � � 2$ Approved ACTION NEEDED: Pa�- claims �ICENSES � y�ppraved Tic�nses � � � � � � � � � � � � � � , 29 - 29 Q Approved waiver of fees and temporary licenses as requested. Approved waiver of deposit fee for Jaycees. Approved fireworks license for 100 Twin Drivein and UFW Post 363 ACTION NEEDED: Issue licenses as approved EST I MATE S � � � � � � � � � � � � � � � � � � � . � � � � 3O � 30 C Approved estimates ACTION NEEDED: Pay estimates as approved ADJOURP�: �0:4o P.M. PERMIT FOR FIREWORKS DISPLAY TQ BE APPROVED: NAME & ADDRESS 1Q0 Twins Drive Inn Theater c/o Gerry Herringer VF'W POST ��363 4121 Stinson Blvd. N.E. Columbia Heights, MN 55421 Z040 Osborne Rd. NE Fridley, MN 55432 � APPROVED BY R. D. Aldrich, Dep. Chief R. D. Aldrich, Dep. Chief c RL'SOLUTION NQ. A RESOLUTION APPROVING FINAL PLnNS AND ADDING PROPOSED IMPROVEMENT OF STREETS ONTO TIi� EXISTING STREET IMPROV�MENT PROJECT ST. 1978-2, ADDENDUM #1 (CHANGE Of2D�R �1) tiVIiEREAS, the resolution shown in front of the street named below, adopted by ihe City Council, set the date af hearing on the proposed improvements, as speci£ically noted in the Notice o£ Hearing attached hereto for reference as Exhibit "A"; and WHEREAS, all property owners whose propexty is liable to be assessed with the making of the improvements (as noted in sai_d notice) were given ten (10} days notice by mail and published notice of the Council hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice; and WHEREAS, the City of Fridley has an existing contract for Street Improve- ment Project St. 1978-1 and St. 1978-2 and 1978-4 with N.D.H., Incorporated which provides that the City can attach additional work up to 250 of the ori- ginal contract price. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, D4innesota, as foll.ows : That the following improvements proposed by the Council Resolution are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: � The following improvements as noted in the Notice of Hearing: Street impravements, including grading, stabilized base, hot-mix i,iti��ii�oc,is mai:, cor,crei:e c�7r�u a.,:d �u�::�r, sicie�d.al?:s, sLo�n� seL�er system, water and sanitary sewer services a.1d other facilities located as follows: . Resolution #17-1978 (February lb, 1978) Sidewalk on 7th Street: 61st Ave. to 63rd Avenue That the work involved in said improvements as listed above shall be added onto contract of STREET IA9PROVEDIENT PROJECT ST. 1978-2, ADDENDUM #1 BY CHANGE ORDER #1 The Change Order #1, Street Improvement Project St. 1978-2, Addendum #1 as submitted Uy the Public tiVorks Director is hereUy approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1978. ATTEST: D9AYOR - �VILLIAA9 J. NEE � CIT1' CLERh - A1�\RVIN C. BRUNSLLL � , FRIDLEY CITY COUNCIL MEETING PI.EASE SIGN NAME ADQRESS ANQ ITEM NUMBER INTERESTED �N DATEt June 5, 1978 NAME ADDRESS ITEM NUMBER " ac_coosse=oc- coc=ooc=-----------x-__-_°--------=_-a--_-a=s__a__-_aaaa---a-_-_o==a-==�-°--�o_ ___________ ___ �-------_ -- __-_ -_ �_- _-_ ,__ _. - r—" � � - �' �� l% � -- � - � _� `��-� - � ' ��o �- �' �� I ` � ' 6�V'-'(.J- ' � �y!` � � � � �, �� .. l b -- �'�� `� � � , �� ' � 3 � a- o �{S - G-c,t � � - ' ' �- � � �' / � . . / / i� " i� // w 2_ � J � ., ` � ti_ y � z �-� �j � � � • THE MINUTES OF TNE BOARD OF REVIEW MEETING OF MAY 8, 1978 \� '�;' �� , 91 THE MINUTES OF TNE QOARD OF REVIE4! P1EETING OF MAY 8, 1978 The annual Board of Review Meeting was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to thE� Flag. COUNCIL MEN6ERS ATTENDING: Mayor Nee, Councilman 6arnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick COUNCIL MEMBERS AaSCNT: None OTHERS PRESENT: Mr. Nasim Qureshi, City Manager Mr. Mervin Herrmann, City Assessor Mr. Leen Madsen, Deputy City Assessor �1r. Marvin Brunsell, City Clerk Mr. Gayle Leone, County Assessor Mayor Nee stated the Council will actually be holding two meetings this E�vening. The first one being the Board of Review, with the Public Hearing Meeting of the City Council to follow. Mayor Nee stated the purpose of this meeting is to hear from property owriers who are seeking an adjustment to the assigned assessed value placed on ttieir property. Since this is the first step of the process, he stated that tfiose who wish to protest should be on record. Mayor Nee asked the City Assessor, Mr. Herrmann, to explain how he arrivE�d at the assessed values. Mr. Herrmann stated they tried to get as close as possible to market valiae on the p m perties. He stated, under state law, each year a minimum of one-fourth of the properties in the City are physically reevaluated and a percentage inci°ease applied to the balance of the properties so that reas�rable equality is retained for all properties. Mr. Herrmann stated, this year, land values were increased 10%; values on residential structures were increased 7%; and on commercial and industri�il, 3%. Mayor Nee stated the Assessing Department continually crosschecks the va'lidity of th� assessed value established on their appraisals and they have a rer�arkable ' history of accuracy. ITEM N0. 1- GERALD NERLOFSKY, 1365 HILLWIND ROF1D N. E. : Mr. lierlofsky stated the market value of his property has gone from $28,000 to $47,200 in two years which is more than a 7% increase. Ne stated he did put on a small addition costing $3,000, but didn't feel the value should have gone up that much. Mr. Herrmann reviewed the values for the last several years beginning wit:h 1972 to the present time. Ne noted that the new value was increased by 7.83�., Mr. Herlofsky stated he couldn't understand why his taxes are going up more than 7%. He questioned if taxes were affected by the freeway barrier in front of his horre. He felt the taxes should be reduced because of this barrier as the noise has doubled. Mr. Herrmann stated in 1977 the value was reduced by 5% because of his location in relation to the freeway. �': � �, , � J.i i QOARD Of REVIEI�! MEETING OF t�fAY 8, 197£3 PAGF 2 Mayor Nee stated the area of discretion of the Council is whether or not the estimated mai,ket value reasonably reflects the irue market value, and if it comes within 93 or 94% of wF�at P1r. Herlofsky believes his home wouid se11 for. Mr. Herlofsky stated his home is much older than others in his neighborhood and that neighboring property owners have not had their values increased as much as his. Mr. Herlofsky pointed out some comparisons of his home with a neighboring home and felt the value placed on his property was not in line. Mr. Herrmann suggested that Mr. Herlofsky contact him so that they may review the questions he had regarding the value of his property. MOTION by Councilman Schneider to continue the action regarding property at 1365 Hillwind Road to May 15, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM N0. 2- RICHARD HARRIS, 6300 RIVERVIE4J TERRACE: Mr. Richard Harris stated he has never received the assessment notices foi° his propei°ties, other than his place of resitlence. He stated the notices are sent to the property location, not the property owner, and objected to this. He felt, if the County could find him to send his tax notices, they certa�n7y could a7so send the assessment notices. He stated, by sending the notices to the buildings, his tenants receive them which puts him in a very awkward position. P1r. Harris I stated he has asked for the assessment notices to be mailed to him, however, ', this still is not being done. Mr. Leone, County Assessor, stated Mr. Harris should contact his office to let them know where he wants the assessment notices sent. Mr. Harris stated the County has been told this at other Board of Review hearings. ' Mr. Herrmann, City Assessor, then reviewed the values placetl on Mr. Harris' ; properties. , Mr. Harris stated his reason for attending the hearing was to get figures on i the values placed on his properties, and stated he hasn't had an opportunity to review the figures. � I Mayor Nee advised Mr. Harris if he had any other questions to come before the I Board of Review, these could be brought up after the recess. � Mr. Herrmann stated he would meet with Mr. Herlofsky to answer his questions I and passibly get back to the Council before the end of their Public Hearing� � meeting. � P10TION by Councilman Schneider to recess this meeting to the end of the Public + Hearing meeting. $econded by Councilman liamernik. Upon a voice vote, all j voting aye, P1ayor Nee declared the motion carried unanimously. i RECESS: I � i A recess was called by Mayor Nee at 8:05 p.m. i RECONVENED: I � Mayor Nee reconvened the Board of Review meeting at 12:55 a.m. All Council ! members were present. � MOTION by Councilman Qarnette to receive the challenges in correspondence from FMC, Sears, Fridley Terrace and the Grain Terminal Association. Seconded by Councilrrzan Schneider. Upon a voice vote, all voting aye, Mayor Nee declar�ed the motion carried unanimously. I i i ��, , . B011RD OF REVIEW P?EETING OF Mt�Y B, 1978 PAGE 3 MOTION by Councilman Fitzpatrick to continue tliis hearing of the Board of Review to May 15, 197£3. Seconded by Counciinian 6arnette. tJpon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. ADJOURNPIENT: MOTION by Counciiman Schneider to adjourn the meeting. Seconded by Councilman Earnette. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimously and this portion of the Board of Review Meeting was adjourned at 12:57 a.m, Respectfully submitted, Carole Naddad Secy. to the City Council Approved: William J. Nee Mayor �3 __. __ _ __ _ _ _ _ _ __ _. _ _ --- THE MINUTES OF THE PUBLIC HEARING MEETING OF MAY 8, 1978 0 -L�7t TIli: ISI�CIIf.; (11" �I!!E I'UL'LJ.f, Ifi:l�.RI1;G ;•;i[:llll; Of 'fI1L I'RiULf�Y Cl�fl' Cf1U'lC1L 01' Iu'+Y L', 197� Tl�c Public Ifcarinc� IScetin� of tl��e f�ridley City Cou.ncil t•�as called to urder at 8:U5 ��.is. l,y I�a;/or lice. PLFDGE 0� I�.LLfrtl�,t1�C: 7hc P'Iedye Uf lllleyiance ��as said at the beginnir�g of the f;oard of ftevie•r� Wice �i r�y. ROLI. CI�LL: t•1E�4BERS f'RESEP�T: Counrilmun fitz(�atrick, Councilman tlatr,crni4:, I^ayoi� tdee, Councilrian Schneider ar�d Councilivan Barnette I•1Ehi(;ERS ftL'Srt;T: P;one ADOPTIO(d Qf AfEI{D�: htayor t�tee requested an item be added to "Receive the 6ids on the netv engirie for fire Pumper 3II2". I�O7IQ11 by Councilman fitzpatrick to move the public hearing on the Hyde Park Arca rezonin, to an earlier time on i:he agencia. Scconded by Courcilrian J Hamernik. 14f�. Sobiech, Public l•;orks Director, asked tt�ai: this item be conside��etl around 8:30 p.m. as the City I'lanner, Jerry [�oardman, ivould be preseni; at i:hat time. hSOTIOid by Councilman Fitzpatrick to adopt the a9enda as amended by adding tl�e item to Reccive the Eids on the ne�;r engine for Fire Pumper 38f3 and chan9ing the orde�• of tiie agenda on the Nyde Parl; area rezoning. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P1ayor t;ee de- clared the motion carried imanimously. Pl1Q�IC HF/IRI�'GS: • PUQLTC NEARIfdG 0�t ]I�PROVEPIEIIT: STREE7 Ih1PR04'Eh1[WT ('ROJ[CT ST. 1978-1, ADDE�DUI4 '-�2: t40TI0N by Councilman llamernik to �•raive the reading of the Public Hearing notice and open th� Public f�earing. Seconded by Councilman Garnette. Upc�n a voice vote, all votiny a}�e, htayor t;ee declared the motion carried imani•- mously aiid the {'ublic Hea�•fng opened at 8:09 p.m. MO7ION by Coui�cilman Hamernil; to receive the letter from Viking Chevrolet dated Piay 2, 1�378. Seconded by Coimcil�nan Fitzpatrick. Upon a voice vote, all votin9 aye, t�iayor t�ee dcclared the n�otion carried unanimously. Mr. Sot�iech, Public 4!orks Director, stated this is a preliminary improve- ment Ileari�ig to discuss tLe improvement of a cei�taiii portion of the Univei�sity Avenue �Yest ser•vice dri��e fre:n �3rd F1��enue to appi�oximaC�ly 560 Teet soutf�. t•tr. Sobiech stated the se�-��ice di�ive �,•ould be exterded past, inci adjacent to, the Ilouse of Lords resta�n�ant. He stated a petition r�as recei��ed frorn the owner of the flouse of Lords indicating the desire to have the road�•;ay im- provement. The i�oad�Yay r;o;ild be ir�pro��ed to a i•;idth of 3G feet t�itf� conc�rete curb an�i 9utter. The estiriated cost per front foot is �45.45. Fir. Sobiecfi stated, ii� tfir. leiter �tid�ich the Coi�ncil received frori 1'iking Chevrolet, thcy ha��e indic.itcd a dcsire to extend this impro�t�u�ent. Ile stated ihe C.ity Attoi�ney I»s indic.lted the Council could r�:cei��e the correspondcncc and pro�'icie foi� th�� cat�nsion of this in,��rov�,nent to thc South, but should ��et sou.c ducument fr.�ri b'ikinR Chevralet indicating a . �raiver of the he:u•in� notice reyarding tl�c cxtension. Councilman Ilamcrnik quest.ioi�ed if a►ty other proporty o��rners ti��ould have to bc notified. _._ _._. � _.. _. _ -,_ __. � . `---- —_ __: _ _� 95 PUBLIC HEARING h1EETING OF MAY 8, 1978 Page 2 Mr. Sobiech stated they are the only property owners that would be assessed. He stated Viking Chevrolet also owns property to the north, but he is referring to the property to the south of the Nouse of Lords. Councilman Hamernik also noted that Viking Chevrolet would like to extend the service drive to the north. Mr. Sobiech stated this would actually be another location and Viking Ghevrolet could begin processing, but felt they might want to develop some more plans. Mr. Wyman Smith, representing Viking Chevrolet> stated he talked with Mr. Isaacson regarding the extension and they would like it extended both to ' the south and north. He stated the property to the south would be opened up by having the frontage road go all the way to the Datsun dealer and the frontage road to the north going all the way to the county road. Mr. Nerrick, City Attorney, stated if the extension involved other property owners, besides Viking Chevrolet, it would be necessary to call another public hearing. Mr. Purmort, owner of the House of Lords, indicated he would be in favor of having the frontage road all the way through. Mr. Qureshi, City Manager, stated the City would want a petition and would have to hold another public hearing for the additional improvement requested. He suggested that Mr. Purmort and Mr. Isaacson get together to petition for the entire street so another public hearing could be held. Mr. Qureshi felt the Couneil could close this public hearing, but not order the improvement, pending the outcome of whether or not the service drive would be further extended. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- ,-- clared the motion carried unanimously and the Public Hearing closed at ! 8:20 p.m. �' PUBLIC HEARING ON STREET AND ALLEY VACATION SAV #78-01, BY JOSEPH SINIGAGLIO; GENERALLY LOCATED BETWEEN THE 4700 BLOCK AND 4800 E3LOCK ON 3RD STREET N.E.: MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous- ly and the Public Hearing opened at 8:22 p.m. Mr. Sobiech, Public Works Director, stated this is a request to vacate 48th Avenue N.E., adjacent to and south of Lot 16, Block 1, Plymouth Addition and adjacent to and north of Lot 30, Block 8, Plymouth Addition; east of 3rd Street N.E. and west of University Avenue N.E. Mr. Sobiech stated staff has no objection to the vacation, but would want to retain certain easements for access to the storm and sanitary sewer lines. The Planning Commission recommended approval of the vacation, with the stip- ulation that appropriate easements for storm and sanitary sewers be retained. Mr. Qureshi pointed out that the access would have to be maintained. Mr. Sinigaglio stated part of this would be mostly lawn area. Councilman Fitzpatrick stated the person to the north would maintain his portion as an access to the garage. No other persons in the audience spoke for or against this vacation request. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:25 p.m. Mr. Qureshi, City Manager, stated he wanted to make sure both property owners understood that they are to maintain the vacated right-of-way. Mayor Nee suggested staff check with the property owners involved to make sure they understand what is expected as far as maintenance, before action is taken by the Council at the next meeting. ` -- _- __ . ,-- -- _- - _ _ _ _-- __ _ ____ _ _.. ._ . . ' � ys � PU6LIC HEARING MEETING OF MAY 8, 1978 Page 3 PUBLIC HEARIP�G ON ZONING ORDINAiJCE AMENDMENT ZOA �78-03, BY THEODORE BURANDT, REZONE FROM R-3 TO CR-1, 941 HILLWIND ROAD: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously and the Public Hearing opened at 8:29 p.m. Mr, Sobiech, Public Works Director, stated this is a request to rezone property at 941 Hillwind Road from R-3 to CR-1 to allow the property to be used as a real estate office. He stated the site was previously a single family dwelling. Mr. Sobiech stated, basically, the office would be in the garage area and the remainder of the house would be used as a model home. He stated the Planning Commission recorrxnended approval with certain stip- ulations regarding fencing and location of the driveway. Mr. Sobiech pointed out that on Page 4E of the agenda book there was a plan showing the parking arrangement and that the Planning Commission recommended the driveway be on the north side, providing there is more room on that side of the property. He stated the Commission wanted to insure there was access to the rear yard to provide the adequate parking stalls. � Mr. Sobiech stated a performance bond should be required in an amount to cover the cost of the parking lot and driveway improvements. Mr. Burandt stated there is about 19 feet on the south side of the property and about 13 feet on the north side. Councilman Schneider asked, when the home was originalTy constructed, if it was intended to be used as a single family structure. Mr. Sobiech stated, he understood, it was to be used as a single family dwelling. Councilman Schneider stated he has quite a concern as little by little that carner of property is being rezoned from R-3 to CR-1 and wondered about the affects to the existing single family dwelling in the area. Mr. Burandt stated he is now in the process of purchasing the prooerty to which Councilman Schneider referred and has contacted the property owner. Mr. Burandt stated the present property owner was not aware the zoning was R-3. He thought it was already commercial zoning and indicated, if he had known otherwise, he wouldn't have bought the property. Councilman Schneider felt a survey should be required of the dwelling on the lot, proposed for rezoning> to show where the driveway and parking lot should be located. Mr. Qureshi stated, if the property is rezoned, it does meet the area re- quirements; however, if use was to Ge made of the existing building, and if the information Mr. Burandt stated was true, several variances would be needed. He felt Counci7man Schneider's suggestion to have an exact survey of the existing building should be done to find out the exact footage. No persons in the audience spoke for or against this rezoning request. MOTION by Councilman Schneider to continue the pubiic hearing on rezoning request ZOA #78-03 until such time as a survey on the parcel in question can be obtained. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot9ng aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech pointed out the reason the rezoning is before the Council is that Mr. Burandt is already using the structure as an office building. Mayor Nee felt perhaps Mr. Qurandt woutd also have further information on Q^ r PUaLIC HEARING MEETING OF MAY 8, 1978 Page 4 the property he wishes to purchase when this item is resubmitted to Councit. PUBLIG HEARING ON FINAL PLAT, PRELIMINARY SU6DIVISIO� P.S. #78-Oi, TRI-CO ADDITION. BY TRI-CO QUILDERS. INr._ _ GFNFRni i v i ncnrFn eniiru nF ��mn ❑VFNIIF MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Nearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:40 p.m. Mr. Sobiech, Public Works Director, stated this plat involves a subdivision in the vicinity of 72nd and Central Avenue. He stated the plat is laid out for six lots; four of which are proposed for four-plex units and the balance of the lots to be used for multiple units. Mr. Sobiech stated discussion at the Planning Commission meeting noted certain access stipulations to limit access to only one access onto Central Avenue since it is quite heavily traveled. He stated there would be a common drive- way for Lots 1 and 2 and the access for Lots 4, 5 and 6 would be from 72nd Avenue. Mr. Sobiech stated the possibility was discussed of the petitioner acquiring the property, shown as the exception on the plat, to perhaps develop a better plat. The petitioner has indicated the property owner did not wish to sell the property which means there will have to be an access easement which will have to be noted on the plat. Mr. Sobiech stated there are sanitary sewer and water lines to service the lots, however, staff would recommend that the plans and specifications be reviewed by the Engineering Department and that certain monies be escrowed to make inspections on those facilities. Mrs. Ruth Norton, 1251 Norton Avenue N.E., questioned the easement to the existing house and if they weren't allowed to drive on it. Mr. Sobiech stated, it is his understanding, that if there is an easement for that house, the petitioner would trade for access to 72nd Avenue. Mr. James George, representing Tri-Co Suilders, stated, to his knowledge, he was not aware of any formal easement of record for that property. He stated they were told they would have to provide an easement for that exist- ing property and came up with an access to 72nd Avenue and abandon the two driveways that presently lead onto Central Avenue. Mr. Sobiech stated the half section map does not indicate an easement for the existinq property. Mr. 6eorge stated it is their intent to provide a driveway of equal quality which is now existing, until the multiple site is developed, at which time there will be a surfaced parking lot. Mayor Nee asked if the petitioner would give the owner of the "exception" a legal easement. Mr. George stated this is their intention. Mayor Nee stated, on the map, there is no easement shown to serve Lots 1 and 2. Mr. Sobiech stated, with the issuance of the building permit, signed doc- uments would be obtained exchanging the easements. Mr. Herrick, City Attor�ey, stated there would have to be something shown in the abstract where the owner of Lot 1 would have a reciprocal right to use the driveway that is on Lot 2 and vice-versa. Mayor Nee stated, if the plat was approved as it stands, each lot has a right to an access. Mr. Herrick stated the Planning Commission did recommend the plat be approved T- — � _ _ -- _ _. _ . _ _ _ _ . _ _ _ `' -- _ . `. _' _ _ . _ _ �� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 5 on the condition that there be only one access. Ne felt this requirement of a combined driveway for Lots 1 and 2 could be put in the final plat. Mrs. No�°ton asked if this plat would adjoin the property at 7112 Old Central, and Mr. Sobiech stated the plat would surround that property. He stated he was surprised the petitioner hadn't contacted Mrs. Norton, the fee owner, regarding access, since there seems to be some confusion on the access to the existing property. Mrs. Norton stated Mrs. Berglund, who lives in the house> was contacted, but she never was conl:acted. Mrs. Norton then reviewed the plat and it was pointed out where the proposed access �vould be for the existing house. Mr. Sobiech felt, perhaps since the property owner hadn't been contacted, this should be discussed further between them and the public hearing con- tinued. Mr. Herrick stated it would first have to be determined if there is a formal easement for entrance onto Central. If there is no easement> the owner of the propei°ty should be happy to accept whatever easement the petitioner is willing to give. He stated, however, he didn't know what the facts were and the questions couldn't be answered this evening. Counciiman Schneider stated he wouid feel more comfortable with a sketch on generally what the layout would look like. Mr. Determan, who owns Determan Welding on 72nd Avenue, stated his business is ]ocated across the street from this proposed plat. Ne staied he would like to see a means of the City keeping the apartment house tenants from parking on the street. hle stated he would like to see a fence on the south side of 72nd Avenue to solve the problem. MOTION by Councilman Schneider to continue the public hearing until such items as the question of the easement are cleared up and to be brought back to Council at the staff's discretion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC fiEARING ON ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUET7E STATE BANK, REZONE FROM M-2 TO C-2; 225 OSaORNE ROAD N.E.: MOTION by Councilman 6arnette to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:10 p.m. Mr. Sobiech, Public Works Director, stated this is a request from Marquette State 6ank to rezone property in the Northwest quadrant of Main Street and Osborne Road from M-2 to C-2 to allow construction of a bank. He stated the most Southwester°ly lot of the proposed plat is proposed to be rezoned to permit a bank at this location. Mr. Sobiech stated the Planning Commission did hear the item and recommended approval of the rezoning request. Mr. SoSiech stated the bank proposed for this location would provide all services of a full-service bank, except for closing on loans. He felt one of the stipulations required with the rezaning would be a plan regarding the landscaping, grading and drainage. Mr. Laing, representing Marquette State Bank, presented a proposed plan of the bank. He stated the primary egress would be behind the bank onto P1ain Street. He stated they envision most of the traffic coming in from Osborne Road and using the drive-in facilities. Mr. Laing stated they attempted to find a location that is accessible and not have some of the problems they now have at their main bank on Central and 53rd Avenue. ,' . ' PUQLIC HEARING P1EETING OF MAY 8, 1978 Page 6 He pointed out they have been in contact with St. Paul Water Works regarding the easement and they are aware what they can and cannot do as far as blacktopping. He stated they would be meeting with them the end of the month on the site plan. Mr. Laing stated a significant amount of fill is needed to bring the site up to grade and have the building at an elevation they want. Mr. Sobiech stated one of the requirements of the Zoning Code is that there be screening between the parking lot and adjacent right-of-way. -_ Mr. Laing stated he didn't envision that would be any problem. Mr. Laing submitted a proposed drainage plan for the site. Mr. Sobiech stated they are proposing the drainage be directed to the North and ponding provided on the site to the North. Mr. Laing stated this would not be their land, but it was suggested they work out the drainage plan in conjunction with Mr. Schroer's parcel. Mr. Schroer felt the drainage problem could be resolved by working with the City. Mr. Qureshi, City Manager, stated it looked like 60-70% of the area on the site would be blacktopped. Mr. Laing felt this was not unco�non and many banks were building on a smaller site urith comparable blacktop areas. Councilman Hamernik asked, with the 31 parking spaces, if this was the most blacktop they planned to put into the site. Mr. Laing stated this was correct because of this being a detached facility, and they visuaTize about 75/ of their traffic using the drive-in facility. He stated the emphasis on on-site parking and lobby use is not necessary in this case. He stated, if, in the future they were aliowed to change to a full service bank,,they would try to expand the size of the building. A gentleman in the audience commented that he didn't think, because of the different elevations in the area, ponding could be provided. Mr. Sobiech explained the drainage would have to be worked out for either detention or retention of the run-off from this site. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9:28 P.M. Mayor Nee stated the Council would get to the question of the plat for Marquette State Bank, after the public hearing on the rezoning for the Hyde Park area. PUBLIC�HEARING ON ZONIN6 ORDINANCE Ah1END�IENT ZOA #78-04, BY THE CITY OF FRIDLEY MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Cauncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl.ared the motion carried unanimously and the Public Hearing opened at 9:29 p.m. Mr. Jerry Boardman, City Planner, explained the processes involved leading up to this request for rezoning. He stated there were concerns of residents in the Hyde Park area on the zoning problems. He stated, in order to make ! � 99 � lUU PUBLIC HEARING M[ETING OF MAY 8, 1978 Page J everyone aware of the zoning problems, pubiic hearings were held to expiain what the zoning meant as far as the houses and businesses in the area were concerned. fie stated a neighborhood council was established of about 16 people who were home, apartment and business owners within the Hyde Park area and meetings were held in which they discussed the problerns and future planning as to what concepts the people wanted for their° neighborhood. Mr. Qoardman stated, from these meetings, came the idea of establishing a special zoning district for Hyde Park area i�rhich would do several things. It would change the present legal non-conforming status of residences in the ' neighborhood to establish a residential character of the neighborhood and p�°otect i:he property rights of the neighborhood as much as possible. He , stated, once this material was put together, a public hearing was held by the Planning Commission to discuss the special zoning district. The Planning ; Commission recommended approval of the special zoning district for the Hyde I Park area. Mr. Boardman exp]ained the reason the special zoning district is proposed is that there are situations in the neighborhood where the conditions of a regular R-1 zoning district cannot be met. Ne stated some of the differences between this special zoning district and an R-1 zone involve the existing uses. He stated the residents wished to allow the existing uses to continue so as not infringe on property rights of owners in the area. He stated, under this ordinance, Lhe non-conforming uses would be aiiowed to continue and could be rebuilt to their present allowable setbacks, if they were damaged or destroyed. He stated they could not, however, increase the size of the structure. Mr. Boardman stated the special zoning district would allow the existing ' multiple and commercial uses to remain, but they could not expand nor could ! there be any new multiple or commercial units. IMr. Boardman stated the lot area size would be set at 7,500 square feet. This would �ertain to new as well as old loi:s. The lots would not be less than 60 feet, but could be 50 feet, if the ]ot was platted before 1955. He stated lot coverage, setbacks, building heights are primarily the same as the normal R-1 zoning district. He stated the minimum floor area was reduced from 1,020 feet to 76B square fe�t. He pointed out these are the primary changes and differences between the special zoning district and the P,-1 zoning district. Mr. Qoardman stated, under site improvements, the City is attempting to try and improve the exterior development of the area. Mr. Herrick, City Attorney, stated he reviewed the ordinance and made several suggestions for changes and assumes they have been incorporated into the ordinance. Mayor Nee raised the question of including the three residential dwellings on the S�uth side of 57-1/2 in this.special zoning district. ! Mr. Boardman stated this was discussed by the Planning Cominission at the ' public hearing. However, the staff recommended these lots not be included , as it was felt those properties should be developed as commercial and shouTdn't continue as residential uses. Councilman Fitzpatrick questioned if the lots would develop commercially, as they are presently being used for residential, and because of their size, he didn't really see it as a potential commercial development. Ne felt spot zoning didn't apply in this case because it is contiguous to the area in question. Mr. E. Gurbord, 5847 2-1/2 Street N. E., stated he has lived in this area for 30 years and has a 40 foot lot and the only way he can se7) it is to have it zoned commercial. 101 PUQLIC HEARING MEETING OF MAY 8, 1978 Page 8 He stated someone could come in and buy several lots to develop as commercial property. He indicated he was opposed to the rezoning and wished his land to remain commercial. Mr. Boardman stated the problems Mr. Gurbord may have is that his residence ; is presently a non-conforming use and, if something happened to his home, he ' could not rebuild. He felt the only way he could sell the property commercial ' is to have several adjacent lots sold also. i ' �; Ms. Theresa Abitz, 216 57th Place, indicated she didn't want her property to � remain as commercial, as she didn't have any way of selling it unless it was ' rezoned to residential. She stated, even with the adjoining property, there isn't enough for commercial development. She spoke in favor of the rezoning. Ms. Helen Szyplinski, 233 57th Place, indicated she was definitely in favor of rezoning back to residential. Mr. Martin Dykhoff, 5810 3rd Street, indicated he was in favor of rezoning back to residential. Ms. June Perleberg, 5948 2-1/2 Street, indicated she was in favor of the rezoning back to residential. Mr. William C. Zawislak, 2630 Grand St. W.E., stated he was against the re- zoning. He stated he sold his lots as commercial property on a contract for deed and now they are going backwards with the rezoning to residential. The lots which Mr. Zawislak were referring to were Lots 21, 22, and 23, Block 21, between 5807 and 5832 3rd Street. Mr. Rob Waralin, 6024 2-1/2 Street, indicated he was in favor of the rezoning. He stated he has lived at this address since 1958 and has seen the area sit in limbo. He stated about 75% of the residences are single family homes and fe1t, if the rezoning was approved, people would improve the area. He stated the majority of the residents were in favor of the rezoning and feels it would be a mistake not to go ahead with it. Mr. Otto Tauer, 5866 2nd Street, stated he became involved on the volunteer committee and anyone who owns property in this area would probably be better off to have this rezoned residential. He stated he believes the Hyde Park district is destined to be a residential area and spoke in favor of the rezoning. Mayor Nee questioned the amount of residential uses in the Hyde Park area. Mr. Boardman stated about 85 to 87% is residential, which includes the multiple uses, and it may be even higher than that figure. Ne stated most of the vacant lots are not large enough to develop as commercial, unless more than one lot was acquired. Ms. Darlene Smith, II302 4th Avenue, Lino Lakes and owner of property at 59II1 Main Street, stated she received notice that through some government program certain people would be eligble for financing to improve their homes. She felt, if the taxes were lowered, people would use that money to improve their property. Mayor Nee explained the State law binds the City on not being able to have unequal taxation. Ms. Smith asked if the taxes would be lowered if area was rezoned from commercial to residential. Mr. Boardman stated he understands the taxes remained the same when the area was rezoned to commercial, but is not certain how the taxes would be affected, if it is rezoned back to residential. May.or Nee stated it would affect the market value of the property and if the market value goes up, chances are the taxes will also go up. - � �� , __ _ _ _ _ _ __ _ _ _ ' _ _ '�_ ___ _ __ '. . _ _`. ] OG PUBLIC NEARING MEETING OF P1AY 8, 1978 Page 9 Mr. Qureshi, City Manager, stated if the quality of the area increased, this would tend to have the effect that her property would become more marketable ; and if that is true, taxes would go up. Mrs. Pearl Bradley, 5861 W. Moore Lake Drive and owner of properties at 5900- 5908-5916 2-1J2 Street, stated she was in favor oi the rezoning. i Mr. Ted Marr, 6055 Z-1/2 Street, stated he was definitely in favor of the re- zoning. ; Mr. Bob Ecker, 5940 3rd Street, stated he was in favor of the rezaning. Ms. Pat Gabel, 5947 2-1/2 Street, stated a lot of compromise was put into this rezoning. She stated there are nearly 200 structures in the Hyde Park area being used for residential purposes and three commercial structures. She stated, with the present commercial zoning, people cannot add on to their home because their homes are non-conforming uses. She felt this should be taken into consider- ation regarding the rezoning. Ms. Gabel stated she was in favor of the rezoning. � In a show of hands on how many persons were in favor of the rezoning, about 20 persons indicated they favored rezoning to residential. On the other hand, two persons indicated they were opposed to the rezoning. Mayor Nee advised the residents that action on this rezoning would be taken at the next Council meeting on Monday, May 15, 1978. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the Public Hearing closed at 10:20 p.m. RECESS: A recess was called 6y Mayor Nee at 10:20 p.m. RECONVENED: The Public Nearing Meeting was reconvened at 10:3II p.m. All Council members were present. PUQLIC HFARING ON FINAL Pi.AT, PRELIMINARY SUQDIVISIOP! P. S. 78-03, EAST RANCH ESTATES 3RD ADDITION, BY MARQU[TTE STATE BANK: UENERALL:Y LOCATED IN THE NW QUADRANT OF MAIN STREET AND OS[30RNE ROAD: MOTION by Councilman Hamernik to waive the reading of the Public Hearing ' notice and open the Public Hearing. Seconded by Councilman Schneider. Upon � a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and i:he Public Hearing opened at 10:38 p.m. Mr. Sobiech, Public Works Director, stated this plat involves a replat of the Northwest quadrant of Osborne Road and Main Street. The proposed plat calls for three lots. He stated Lot 2, being the most southwesterly lot, was under discussion for rezoning. Currently, Lot 1 is occupied by Frank's Nursery and one of the stipulations of the ?lanning Commissian was that Lot 1 be recorded as part of the platting for Frank's Nursery. Mr. Qureshi, City Manager, questioned the zoning on Lot 1. , Mr. Sobiech stated it was zoned M-2, however, a special use permit has been issued for the outside storage. He felt it should all be zoned commercial and made into one parcel and the Planning Commission wanted to insure that - it is properly described as one parcel. i Mr. Sobiech stated the Council has a plat before them which indicates a i substandard lot and staff recormnends it be approved and attached to the �, other property to insure there aren't any substandard 1ots. :� 1 _ -__ _ __ _._�`. _____- ----- ____ — ,.— - __ . ------ —. _ _ _ ___ __ .__ ____-- � 1 �03 PUBLIC tiEARING MEEtING OF MAY 8, 1978 Page 10 Mr. Sobiech also stated, in order to properly serve Lot 2 for sanitary sewer, additional easements would be needed, as recommended by the Planning Conmission. Mr. Sobiech explained there are some code requirements that have to be met such as certain screening requirements between districts and a drainage plan. Ne stated the architect for Marquette State Qank has drafted a drainage proposal which is satisfactory with staff, but wasn't discussed with the property owner. He stated staff is looking for a drainage plan that would retain or detain the run-off. Mr. Sobiech stated the question was raised if it would be possible to minimize some of the blacktop by reducing the number of service drive-in lanes or parking stalls. Mr. Laing, representing Marquette State Bank, stated the convenience factor is paraniount to their operation and having the ability to expand to that number of parking spaces is important. He stated it is conceivable they could come up with some additional green area. He stated, basically, they want as much customer accessibility as they can possibly get. Mr. Qureshi, City Manager, stated the staff would work to resolve the drainage problem and he wanted to make sure there is a reasonable zoning separation area between the properties. He stated that Lot 1 does not meet the code so it should be processed as a rezoning and attached to the other parcei. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, a71 voting aye, Mayor Nee deciared the motion carried unanimously and the Public Hearing closed at 11:00 p.m. PUaLIC HEARING ON FRIDL.EY COMPREHENSIVE PARKS l�ND OPEN SPACE PLAN: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded hy Councilman Hamernik. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. Mr. Boardman, City Planner, stated Mr. Leek of the Planning Department wolild present a short slide presentation which covered pictures of various park facilities in the metropolitan area. Mr. Boardman then revie4red the Comprehensive Parks and Open Space Plan with the Council, outlining the highlights of the Plan. In reviewing the goals and objectives, he stated, although they are broad, it gives direction on what the City wants the park facilities to be in the future. Mr, Boardman stated, when they first started working a Comprehensive Parks and Open Space Plan, the City was divided into 13 neighborhoods and Project Committees were set up by the Parks and Recreation Commission for these neighborhoods. Mr. Boardman stated they have had both good and poor response from ihe Project Conmittees. Mr. Boardman stated the section regarding the needs of the neighborhoods was based on population, age groups, etc. He stated the summary of findings was based on ihe inventory and analysis. Mr. Boardman stated, at the public hearing meeting held by the Planning Commission on this plan, there was a feeling the Plan was negative. The Commission requested there be a statement in the Plan, before the Suirmary of Findings, to point out some of ihe strengths of the parks and recreation program, rather than the negative aspects. Mr. Boardman stated he felt they do this with the initial statement under the Sur�nary of Findings. \ � „i .. \ _ , :.,: .4 \ , t :� , r � �t. . .1_.___. _ �'___'_.__ ._... _._ _"______. _-__".___ .__'___'._. .__'__" _ ._____.. .._.. ... .___._ __...__._. . . _.__.. .__ .... ; . __. _.__ . _ .. ., , �_ O� I I PU6LIC NEARING MEETING OF P1AY 8, 1978 Paye 11 ; Mr. Qoardman stated the policies and recommendations were based on the objectives. He stated, hopefully, these recommendations will be followed in implementation of the Pian. tle feit the Pian gives the Parks and Recreation Director and Council some direction to follow in development of a park systein for the City. . Mr. Boardman stated there was a page and map in the Plan covering acquisitions, but at the request of the Planning Commission, it was taken out. He stated, when the public hearing was held before the Planning Commission, there were a number of residents in the Hyde Park area who opposed acquisition in their area. Mayor Nee asked if this was the only area where acquis�tions were proposed. Mr. Qoardman stated there were several other areas and reviewed these with the Council. Dr, aoudreau, Parks and Recreation Director, felt this Plan provides a gaideline to a future park system. He believed the Plan gives the City the flexibility to develop a truly good system of parks and open space for the City. He stated staff would be recommending a site plan before any park goes in and fe1t they have had very positive results in the Benjamin-Briardale area. In referring to Page 7 regarding visual areas and facilities, Councilman Barnette brought up the question of snowmobile areas, bike routes and golf, which was left out entirely. He stated another area might be cross-country skiing. Dr. Qoudreau stated they do develop cross-country ski areas in the winter months and also provide instruction. lie stated, last year, the Sears property was used for snowmobiling. However, he is not sure this is a prime responsibility of the Parks and f:ecreation Department to provide such facilities as there are ordinances which discourage the use of snowmobiles in the City. Mr. Boardman stated, regarding the bike routes, eventually they will be in Locke Park, but currently City streets are being used. Councilman Qarriette asked if they planned to pursue the golf activity. Dr. Boudreau stated they would like to do a complete study before any recommendation was brought back on a golf facility. He stated they would like to iook at the cross-benefit to the community and if it couid be self-sustained. Councilman Fitzpatrick felt the Plan has more of an inventory and some generalized goals and objectives and not really a Plan. Fle cited, for instance, taking out the acquisition part is an example of what he is referring to. He stated, as he read this, he kept looking for the Plan and didn't feel he ever came across it. Councilman Fitzpatrick referred to Page 8, where neighborhood parks are described by the radius of a circle. He feit they should be described more by barriers rather than radii. As an example, he pointed out there is an area South of Locke Lake that, according to this map, would seem to be fully serviced by two neighborhood parks and partially serviced by a third one, which, in fact, is not serviced by any. He felt the map was misleading on how the City is served by neighborhood parks. He stated he also agreed with the Planning Commission's comment that the Plan is negative as he felt it left that impact. He•felt, if the Council is accepting a document for what it is, then this is fine, but if this is the definitive statement on what their Parks and Open Space Plan is, he is not prepared to take action on it. . - � . . .. __ _. . . .. ..._ . _. . . _ _ _...___ _ .__ ..... \... . _. _. . _. ... .. _.. _._. _. ._--. _T__ ____ • •�...__.... ..._ _.._ .._... �. 10 �, PUBLIC HEARING MEETING OF MAY 8, 1978 Page 12 Councilman Schneider stated he generally felt it was a well-written document. He stated he was sorry to see the part on acquisition removed from the Plan, even though it is the more controversial part of it. He stated he also felt the Plan was somewhat negative. He stated, in rereading it, it is negative to some extent, but not sure it would serve a whole lot of purpose, if it was concentrated on the good points. He stated attention had to be drawn to the weak points and not sure that this is the wrong approach. Councilman Schneider also felt the maps on Pages 8 and 9 were misleading. Councilrnan Schneider stated, in reviewing the summaries, in a few cases, the schools that will be closing were still left in the Plan. Mr. Boardrnan stated the schools were not taken into consideration when referring to park acreages. . Mr. Leek explained that the acreage was not adjusted in the considerations. Councilman Hamernik stated he had commented on the Plan at the Planning Commission hearing and in going over the Plan, the question in his mind is really what they are going to do with it. Ne felt the proposal was very general and, basically, any specific change ot° addition in implementation of the Plan has to be brought before the Council for approval and it would involve, to som2 extent, a fair expenditure. He stated he hoped, if the document is adopted, some of the things in the Plan don't come back to haunt the Council. ; He stated he felt more comfortable with the Plan presented this evening than ', the one presented to the Planning Corrnnission. He stated, as far as the portion on acquisition, most of the reference has been removed and felt, for completian ; of the Plan, acquisition should probably be considered in some areas; however, the manner in whi�h it was approached originally caused the yreat degree of concern. He felt acquisition could be part of the considerations in , development of a park system. He felt they originally tried to be too specific in areas of acquisition. ', Mayor Nee questioned whether or not this was an adequate procedure for the public hearing or if the Plan should be circulated. ; Mr. Boardman stated the Plan was circulated to the service organizations, � but didn't know if a public hearing notice was sent out for this meeting. � He stated there was a notice sent out, however, for the public hearing ! before the Planning Commission. Mr. Boardman stated, before the Plan is submitted to the Metropolitan Council, there will be a public hearing on this as we11 as al1 the other plans developed which cornprise the overall coinprehensive plan for the City. Mayor Nee questioned how the Plan would be used. Mr. Boardman stated the main purpose of the document is to give direction on the way to go in implementation of some programs. He explained this plan does not commit any funding, but the document that would involve acquisition and any spending would be the capital improvements plan. Cauncilman Fitzpatrick stated he would really like to see a colored map of what areas realistically are served by neighborhood parks. Mr. Boardman felt this was a good point and a map would be needed showing where the barriers are and showing what kind of access problems they have. Councilman Schneider stated, in looking at this Plan, one would say there isn't any need for Y.he Plan and everyone has a park nearby and yet we know this isn't true. m � � X O f� . \� � PUBLIC HEARING MEETING ON MAY 8, 1978 Page 13 ; , � f � i Mr. Otto Tauer, 5866 2nd Street, stated he had hoped "barriers" meant that there should be a distance between a person's home and a park. Mr. Tauer reviewed the complaints he had about the park adjacent to his property. He stated he had to call the Police Department three times in the last week. Mr. Tauer stated at the public hearing meeting before the Planning Commission on the Parks and Open Space Plan, citizens were angry about acquisition for Skyline Park because they thought their homes were going to be taken. He stated the citizens want the park to be located on the Burlington Northern property, West of Main Street. Mr. 1"auer stated, in his situation, he measured the distance from the wall of his residence to the fence, which was 29 feet and another 15 feet or so to the slide in the park. Fie stated there is no way he can 1ive with that. He felt the park now was inadequate and if it can't be enlarged, it should be moved to Main Street. Mr. Tauer stated in checking the petition circulated in 1971 for Skyline Park, he found out the park was supposed to be located somewhere else. He � felt the park was inadequate and there are too many kids in the park. Mr. Tauer stated the residents are going to form a neighborhood council regarding the park facilities and he is happy the City is recognizing that something should be done to the parks. No other persons in the audience spoke for or against this proposed Parks and Open Space Plan. MOTION by Councilman Fitzpatrick to continue the public hearing on the , Comprehensive Park and Open Space Plan to the first meeiing in June. Seconde�i by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous1y. IC HEARING OM AN ON-SAL[ LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE MOTION by Councilman Schneider to waive the reading of Public Hearing notice and open the Public Hearinq. Seconded by Councilman Barnette. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Flearing opened at 12:13 a.m. Mr. Brunsell, City Clerk, stated the various City departments have recommended appraval of these liqu�r licenses. Ne stated ihe only question is what would have to be done to the building itself. Mr. Wyman Smith stated the applicants are aware what has to be done inside the ' building to bring it up to code. He s�ated he doesn't really represent thern, but Mr. Saliterman. He stated Mr. Saliterman has talked with the applicants on items they want done and feels this will be complied with. Mr. Smith stated, in talking with Mr. Sobiech and P1r. Qureshi, they will come up with a plan for improvements that u1i11 gradualiy be completed. He anticipates there will be some additional blacktopping and more green area. The applicants for the liquor license presented a tentative floor plan for their business. Mr. Cappelletti stated they would have a family�type restaurant serving American and Italian foods. Ne stated they plan to have a meeting room to accommodate groups from 50 to 100 persons. No other persons in the audience spoke for or against the issuance of these liquor licenses. � ! MOTION by Councilman Schneider to close the public hearing. Seconded by ' Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 12:25 a.m. � 1 .. \ .\ _ - _ _ _ ____ _ _ _ _ _ , . ; y 107 PUBLIC HEARING MEETING -0F MAY 8, 1978 Page l4 PUt3LIC IiEARING ON A NON-INTOXICATIPlG M�1LT LIQUOR "ON-SALE" LICENSE TO ERTY MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public fiearing. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 12:26 a.m. Mr. Brunsell, City Clerk, stated this is a request for a 3.2 beer license, and the applicants are not applying for a wine license, which was previously held. He stated the various City departments have recommended approval of the license. Councilman Hamernik questioned if the requirement for a sprinkler system would apply, if there is no intoxicating liquor sold. Mr. Sobiech stated this requirement is in the intoxicating liquor license ordinance. Councilman Namernik asked if they were planning to maintain, basically, the same type of operation. Mr. Eikeland staied it would basically be the same, with probably some changes in the menu. No persons in the audience spoke for or against the issuance of this license. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Qarnette. Upon a voice vote, a�l voting aye, Mayor Nee declared the motion.carried unanimously and the Public Hearing closed at 12:29 a.m. NEW 8t1SINESS: CONSIDER,9TION OF PREAPPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT: Mr. Boardman, City Planner, stated this is a preappiication for a community development block grant which they are proposing be submitted to HUD on May 15, 1978. Mr. Boardman reviewed the requirements which had to be met in appTying for the grant. He stated the fact sheet states the amount of funds applied for which is $1,500,000. Mr. Boardman stated they must identify a need in a neighborhood strategy area. He stated this involves two or more activities that are in direct relation to each other. Mr. Boardman then reviewed the area covered by the application for the community block development grant. He felt what HUD is looking for under the block grant program is a neighborhood service center or lease of Parkview School. He stated the City will be subntitting an application for a multi-year program. He felt HUD would proGably look at the application and drop the City to a single purpose program and maybe fund one item. Mr. Boardman stated, before the preapplication is submitted, staff would want to expand in the area of needs and problems and submit more information. MOTION by Councilman Fitzpatrick to approve the preapplication for the community development block grant. Seconded by Councilman Schneider. Upon a voice vote, a]] voting aye, Mayor Nee dec]ared the motion carried unanimously. i_ . � , � � a� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 15 CLAIMS: MOTION by Councilman 6arnette to authorize payment of Claims No. 121A30 through 123993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING f3IDS FOR NEW ENGINE FOR fIRE PU�1PER 3£38: MOTION by Councilman Schneider to receive the bids on the new engine for Fire Pumper 388. Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously . MOTIOfd by Councilman 5chneider to award the bid to Interstate Detroit Diesel, the low bidder meeting specifications. Seconded by Councilman Fitzpatrick. Mayor Nee stated he felt this equipment from Detroit Diesel takes a special oil since it is a two-cycle engine. Mr. Brunsell, City Clerk, stated the City does have other equipment manufactured by Detroit Diesel. UPON A VOICE VOTE TAKEN OP! TNE M�TION, all voted aye, and Mayor Nee declared the motion carried unanimously, ADJOURNMENT: MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman Schneider. llnon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council adjourned at 12:55 a.m. Respectfully submitted, Carole Haddad Secy, to the City Council Approved: William J. Nee Mayor �<, _�. . _i �� r� TIiF MINUTES OF THE CONTINl1ED BOARD OF REVIEW MEETING OF MAY 15, 1978 _ _ __._ __. _ _ __ . .\ ` ,, `. ,t` �.�`.1 CONTINUATION OF THE BOARD OF REVIEW MEETING - MAY 15, 1978 Mayor Nee re-opened the Board of Review Meeting at 7:55 p.m. which had been continued from May 8, 1978. PLEDGE OF ALLEGIANGE: r � Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � COUNCIL MEMBERS ATTEfdDING: Mayor Nee, Councilman Hamernik, Councilman Fii:zpatrick, Councilman Barnette and Councilman Schneider COUNCIL MEMBERS ABSENT: None OTHERS PRESENT: Mr. Nasim Qureshi, City Manager Mr. Mervin Herrmann, City Assessor Mayor Nee stated the regular meeting of the City Council would convene, after this meeting of the Board of Review. Mr. Nerrmann, City Assessor, submitted a report on the following items. FRIDLEY TERRACE: M�°. Herrmann stated a representative from Ft°idley Terrace had contacted him this past week regarding the assessments for Fridley Terrace. He stated, after comparing the other mobile home parks in Fridley, the r�presentative was convinced the assessment was equal as far as the City goes. He stated, however, the people from Fridley Terrace plan to appear before the County regarding this item. SEARS: Mr. Herrmann stated that Sears has not pursued the matter further regarding their assessment. GRAIN TERMINAL ASSOCIATION: Mr. Herrmann stated that Grain Terminal Associai;ion has not contacted him since last Monday, May 8, regarding their assessment although they would be considered as appearing before the local Board of Review. FMC: Mr. Herrmann stated that FMC indicated they needed more time to present their case, however, they wished to be on record as having protested the assessment at the local Board of Review. GERALD HERLOFSKY - 1365 HILLWIND ROAD: Mr. Herrmann stated their office recommends a$700 reduction in the value from $46,200 to $45,500 relating to the valuation of a portion of the basement. He stated action is necessary by the Board of Review in order to reduce the value. ' MOTION by Councilman Schneider to reduce the assessed valuation by $700 on , property owned by Gerald Nerlofsky at 1365 Hillwind Road. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to close the put�lic hearing and adjourn the Board of Review meeting. Seconded by Councilman Schneider. Upon a voice - � . 1 \ ' 1]0 ' � ; CONTINUATION OF BOARD OF REVIEW MEETTNG - MAY 15, 1978 Page 2 vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Board of Raview meeting adjourned at 8:00 p.m. Respectfully submitted, Carole Haddad Secy. tothe City Council Approved: William J. Nee Mayor . J THE MINUTES OF THE REGlJLAR COUNCIL MEETING OF MAY 15, 1978 ., . � ; r � _. ........._... .__._... ._....._.._.._."__.._.__,.___._______._ _ ......_..__....__._�.�__.__..._"__._____.. _........._........ ._.._- _..._. . ..__.___"_ \......_ _ .._.__:_. '1._._.__.:._ . . S "�'. _..�.. ll� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 15, 1978 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 8:00 p.m. PLEDGE OF ALLEGIANCE: The Pledge was said previously at the meeting of the Board of Review. �� ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF CERTIFICATE: A certificate of appreciation was presented to Harold Belgum for his services as a member of the Human Resources Commission. Mayor Nee read the certificate and stated the Council appreciated his efforts and contributions he made to the Corr�nission. PROCLAMATIONS: Mayor Nee stated he issued two proclamations and would appreciate a motion by the Council to ratify those proclamations. One of the proclamations was for National Public Works Week from May 21 - 26, 1978 and the other one proclaimed the month of June, 1978 as Recreation and Parks Month. MOTION by Councilman Fitzpatrick to ratify the above proclamations issued by Mayor Nee. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF MINUTES: REGULAR MEETING, MAY l, 1978: MOTION by Councilman Hamernik to approve the minutes of P1ay l, 1978 as presented. Seconded by Councilman Schneider. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried iananimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: CONTINUED PUBLIC HEARING fOR ZONING ORDINANCE AMENDMENT ZOA #78-03, BY THEODORE BURANDT, REZONE FROM R-3 TO CR-1; 941 HILLWIND ROAD N. E.: Mayor Nee reopened the public hearing on this item at 8:05 p.m. Mr. Sobiech, Public Works Director, stated the public hearing had been � continued to allow the petitioner, P�tr. Burandt, time to obtain a verified survey of the parcel involved in the rezoning request. � Mr. Sobiech stated a single family dwelling is now lacated on the property � and the rezoning is requested to allow this dwelling to be used as a real estate office. He stated, since the original construction was for a single i family home, the codes that were followed were for a residential zoning _ ; district; therefore, if the property is rezoned, the dwelling would become a �_ --- ____. _ _�_ _-- _- __ � _—. . _-- _ ._ ------- � � lX 2 � REGULAR MEETING Of MAY 15, 1978 PAGE 2 legal non-conforming use. Mr. Sobiech stated correspondence was received . from the property owner to the North of this parcel which indicates their desire to eliminate the fence and have landscaping instead. MOTION by Councilman Schneider to receive the correspondence from Mr. and Mrs. Mike McGraw, 1001 Hillwind Road dated May 15, 1978. Seconded by Councilman Barnette. Upon a voice vote, alT voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated, if the rezoning is approved, some of the items to be considered would be submission of a landscaping and drainage plan for review and approval; there should be a screening separation between districts as approved by staff; performance bond should be required in an amount to cover the cost of improvements; the existing driveway should be removed and that area landscaped; and the signing should remain within the new code requirements. Councilman Schneider stated, if Mr. Burandt's property is rezoned, the McGraw's house would be the only single family usage in the area and would be surrounded by commercial zoning. Mr. Burandt stated he would be interested in purchasing the McGraw's property, if they wished to sell. He stated, at this time, however, that is not the case and felt possibly in the next few years this situation would change. Mr. Herrick, City Attorney, asked if Mr. and Mrs. McGraw had been asked to �oin in the petition for rezoning, since it was brought out at the last meeting that the McGraw's had purchased the property under the assumption that it was zoned commercial. �1r. Burandt pointed out that if Mr. and Mrs. McGraw had their property rezoned and something happened to the dwelling, they couldn't rebuild because fii would be a non-conforming use. Councilman Schneider indicated he felt the rezoning would put the McGraw's i:n an undesirable situation of being surrounded by corrnnercial property. ffe siated another problem he has is that the home will be used for an office building which would require variances. Councilman Schneider felt the Council should proceed with Mr. Herrick's suggestion to contact Mr. and P4rs. McGraw to see if they are interested in rezoning their property. No other persons in the audience spoke for or against this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the Public Hearing closed at 8:22 p.m. 'Mayor Nee asked Mr. Burandt to contact Councilman Schneider to attempt to work out some of the concerns he had expressed. NUED PUBLIC HEARING FOR FINAL PLAT, PRELIP^iNARY SUBDIVISION P.S. Mayor Nee reopened the public hearing on this item at 8:24 p.m. Mr. Sobiech, Public Works Director, stated this public hearing had been �Dntinued in order for the petitioner to give an indication of their plans � fvr this plat. A proposed plan was submitted for the Council's review � which showed access and placement of the structures. Mr. Sobiech noted the petitioners are proposing no access to Old Central Avenue. He explained the accesses would be donated by covenants along H�ith , allowing the existing house, or "the exception", as it is shown on the map, to use that access also. Mr. Sobiech stated, as far as the City staff ' investigations, they could find no formal easement for the access the , existing house now uses. , ; � . . � � ,� �p' �. . . ..._ . .. . . _ .... ._..__.. .. .... . . . .. ... .. .. .. . . . .... . . . .. . . �..__.._ . . .... _....._. . . . . . . � _.. .. .._ ... . . ._.._ ._._. ....... , 1 113 REGULAR MEETING OF MAY 15, 1978 ' PAGE 3 Mr. James George, representing Tri-Co Builders, stated they have a letter from Mrs. Norton and Mrs. Bergland indicating they are in agreement with the access they will be providing to the existing house. Mr. Sobiech stated, if the plat is approved, plans and specifications should be sent to the Engineering Department for review and funds escrowed for this review and inspection of the facilities. He further stated there will be a park fee which the petitioner is aware of. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:30 p.m. Because Mr. George indicated he would like approval as soon as possible, Mayor Nee polled the Council to see if they had any objection to taking action this evening. There being no objections, the following action was taken. ' MOTION by Councilman Schneider to approve the plat, preliminary subdivision P. S. #78-01, Tri-Co Addition, by Tri-Co Builders, Inc. with the stipulations that the easement provided for the exception be cleared; plans and specifications to be reviewed by staff and funds escrowed to cover necessary inspection fees; the required park fee to be paid; and the petitioner work ; with the staff on district separation screening. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion , carried unanimously. PU6LIC HEARING ON A REQUEST fOR A SPECIAL USE PERMIT, SP #78--05, BY BENNIE ROZMAN, 8031 BEECH STREET N. E.: MOTION by Councilman Namernik to waive the reading of the Public Hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:32 p.m. Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow a commercial recreation-type use in an area zoned heavy industrial. He stated the proposed use would be a disco teen center located between Main and Beech Streets, North of 79th Avenue. Mr. Sobiech stated the Planning Commission heard the request at their meeting on April 19 and recommended denial on a 3-2 vote. He stated there was discussion at the Planning Commission meeting whether this type of commercial venture would be appropriate in this particular location. Mr. Sobiech stated the property where the proposed disco is to be located is presently zoned M-2 and the trend in the area for development has been for heavy industrial. Mr. Sobiech stated memos were received from the Police Departmant regarding this use and Mr. Hill, Pub]ic Safety Director, was present to answer any questions. Mr. Hill stated, in reading the Planning Commission minutes, he sees two different items. The first is whether or not a disco center is good and it is needed in the City. Mr. Hill stated he personally feels it would be an asset to the community, if it is located in a appropriate location to attract City use. Mr. Hill stated he wanted to go on record that the Police Department is not opposed to the concept. Mr. Hill stated, in the memo sent to Jerry Boardman, City Planner, it was pointed out what he felt would occur, if the special use permit is allowed at the proposed location. Mr. Hill felt there would be a rise in vandalism, theft, disorderly conduct, drinking and drug problems and increased litter and traffic problems. � 114 REGULAR MEETING OF MAY 15, 1978 PAGE 4 Mr. Hill stated, when referring to traffic problems, this doesn't mean traffic jams, but traffic violations. He also felt there would be an increased problem with litter to other properties in the area. Mr. Hill stated disorderly conduct, drug and drinking violations may sound stern, however, they know it happens whenever you have any activity that caters to teens. He stated, with other teen activities, they have had increased complaints on vandalism, noise, thefts, fights and assaults. Mr. Hill also stated he has a concern regarding the safety of the youth coming and going from that isolated area. Mr. Nill stated he had no problem regarding the applicant and his desire to control the activities within the establishment, and no reason to be apprehensive about the internal operation. Ne stated the Eagen Police Department indicated they didn't have any significant problems with Mr. Rozman's operation in that community and that Mr. Rozman was very cooperative. He pointed out, however, the disco center in Eagan is located in a commercial area that is well-lighted and has immediate access to the highway. Mr. Hill stated he understands stipulations were placed on the operation of the disco in Eagan regarding chaperones and monitoring of isolated areas within'the building. Mr. Hill also pointed out the curfew ordinance in the City and felt in some cases, this may be a"gray area" since the teens would actually be inside an establishment and not on the streets. Mr. Hill also explained the need for increased police protection in the area, if the special use permit is granted. He then reviewed some of the cost estimates in order to provide this protection. He felt a police officer should be within the establishment, two should be in the area outside and one in a patrol car. Mr. Bennie Rozman, 400 Dakato Avenue South, Golden Valley, appeared before the Council regarding his request for the special use permit. He stated he has a tentative mortgage commitment for the proposed location of the discotheque. He felt, therefore, if this operation is located in a warehouse and it fails, the building can then be used as a warehouse. Mr. Rozman stated his operation of the disco teen center in Eagan has been successful and he intended to operate the center in Fridley in a similar fashion and would cooperate with the Police Department in any manner. Mr. Rozman stated he would be more than glad to pay for policing within an area agreed on. As far as cleaning the area, Mr. Rozman stated this he intends to do. Councilman Hamprnik stated there was discussion at the Planning Commission meeting regarding the age of persons who would be attending this discotheque. Mr. Rozman stated he would be glad to reduce the age requirement to 18, if the Gouncil felt 19 was too old. Mr. Rozman stated he didn't intend to operate the establishment during the week, when school is in session. CounciTman Hamernik questioned the amount of parking. Mr. Rozman stated there would be parking for 350 cars, however, most of the teens are brought and picked up by their parents. Councilman Schneider questioned the ratio of adult supervision to the number of persons attending the disco center. Mr. Rozman felt, with police protection, the ratio would probably be about 10 to 1. He stated, howeve'r, he didn't believe they could go by a�ratio as these teens are inside and any problems outside they would deal with. � . ;� _ \ _ '. - - - , , 115 REGULAR MEETING OF MAY 15, 1978 PAGE 5 Councilman Hamernik questioned the average age of the teens attending the Eagan disco center. Mr. Rozman stated the average age is about 16. Mr. Rozman stated he felt vandalism is done when no one was around, which wouldn't be the situation in this case, and he stated they have had no problems with drinking or drugs at the Eagan establishment. He felt as soon as you establish the fact you run a good business, persons who cause problems wouldn't be coming around. Mr. Don Harstad, 7101 Highway #65 N.E., stated he is in the process of de- veloping other industrial properties in the area and was totally opposed to this commercial venture in an industrial area. He felt it should be located in a commercial area. He stated his company and the City has tried very hard to upgrade the industrial area and was opposed to this type of operation in an industrial area. He felt it was a remote area and there would be in- creased traffic. He also indicated other property owners would have to pick up the debris and felt most of the property owners in the area were opposed to the disco center at this location. Mr. Richard Carlson, President of Park Construction Company, 7900 Beech Street N.E., indicated he was not opposed to a disco center, but felt they shouldn't have to locate commercial business in an industrial zone. He felt the zoning was industrial and should be maintained as industrial. He further stated his company will be starting a night operation in this area and there will be a lot of activity with heavy trucks going in and out of their location. Mr. Rozman pointed out that Mr. Brama, who owns about 90% of the area, is not opposed to the disco center. He felt he would be the person that would be most concerned. lie felt his operation would be on friday and Sai;urday nights and didn't feel it would conflict with Mr. Carlson's operation. Mr. Richard Harris, 6200 Riverview Terrace, stated he was speaking as a property owner and has property south of this parcel, and not as Chairman of the Planning Commission. He stated he was not opposed to the concept of a disco center, but would have to concur with the person who made the motion to deny the special use permit that this particular use was not in concert with development of the adjacent properties. He felt this activity is allowed in a commercial district, without a special use permit, and special use permits sometimes have been used to go around the Zoning Code. He believed this is true in this particular case since commercial property is available within two blocks of the proposed site. Mr. Harris also pointed out that the code requires that a peace officer or officers be on duty at all times at public dances and this operation would fall into that category. Mr. Bob Schroer, 490 Rice Creek Blvd., stated he is an adjacent property owner to the south and east and was not opposed to the concept, but opposed to the area in which it will be located. Mr. Schroer felt the traffic would be a problem as well as vandalism. No other persons in the audience spoke for or against this request for a special use permit. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9:25 p.m. ORDINANCE N0. 675 AMENDING CfiAPTER 602 OF THE CITY CODE OF THE CTTY OF FRTDLEY ENTITLED "BEER LICENSING": MOTION by Councilman Schneider to waive the second reading of Ordinance No. 675 and adopt it on the second reading and publish. Seconded by Councilman Hamernik. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unani- mously. , , __._ _ _ ___. _ _. _ _ � . , ' 11G REGULAR MEETING OF MAY 15, 1978 PAGE 6 ORDINANCE N0. 676 TO AMEND CHAPTER 103 ENTITLED "FIREARMS" OF THE CITY COD[ OF THE CITY OF FRIDLEY AND AMENDING CHAPTER 11, SECTION 11.10 OF �' TI-tF �TTV ('hf1F' RFI �TTPJl: T(1 FFGC� MOTION by Councilman Barnette to waive the second reading of Ordinance No. 676 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMAT[S OF COSTS THEREOF: STREET IMPROVEMENT PROJECT Mr. Sobiech, Public Works Director, stated this resolution covers the im- provement of Meyers and Hillcrest. He stated, at previous meetings, the nature of the improvement was discussed which was to allow for construction of single family homes on lots that presently exist along the railroad tracks north and south of Meyer's Avenue. Mr. Sobiech stated, at the last meeting, there was discussion on property owned by the City adjacent to the Burlington-Northern tracks. Mr. Sobiech stated, in discussions with the Parks and Recreation Department, they have indicated, if a park were to be located in this area, they felt it would have to be of significant size of at least 3-1/2 acres. Mr. Sobiech stated, if, in fact, the property owned by the City was to be used for park purposes, additional land would tiave to be acquired, since the parcel owned by the City is only about two acres. He felt, if land could be acquired from the petitioner, it would be possible to come up with 3-1/2 acres. The lots suggested for acquisition would be Lots 17 and 18, Block 1 and Lot 10 and certain property along the East lines of Lots 5 through 9. He stated the acquisition would allow development along Hillcrest and possibly others to the east which would allow development of seven properties. Councilman Barnette asked what cost estimates they were talking about as far as the City acquiring additional acreage from the petitioner. Mr. Sobiech stated the staff has estimated the cost at approximately 20 cents per square foot, but the petitioner hasn't been contacted. He stated about 54,000 square feet are involved which would make the cost approximately $11,000. Mr. David Libra, Attorney, 1200 Builders Exchange, Minneapolis, appeared be- fore the Council representing the petitioners, Mr. Munn and P1r. Blair. Mr. Libra stated Mr. Munn and htr. Blair are concerned about the delays on this improvement. He stated he wished to make it clear they wish to develop Lots 17, 18, and 10, and Lots 5 through 9. He noted that the easterly portion of Lot 16, which lies north of Meyers would also be potentially served as a building site as well as the easterly portion of Lot 1, if approval was given for development of the property. He stated improvements would be on existing right-of-way owned by the City and this is the sole means of access to Lots 17, 18, and 10. Mr. Libra stated he understands staff has reviewed the proPosed improvement and the proposal takes into account spreading the assessments according to law. Ne stated the petitioner has agreed to pick up the assessments for the : property owners who are not directly benefited. He stated he believes Lots ' l, 2, 3, and 4 will benefit as well as the property owner to the north of Meyers. ' Mr. Libra stated, regardless of the proposed improvement of the park, which would necessitate lengthy negotiations, he felt the reasonable and fair thing to do would be to approve the requested improvements and proceed accordingly. � � REGULAR MEETING OF MAY 15, 1978 PAGE 7 Mayor Nee asked, with this plat, if seven lots would be accepiable with the petitioners. Mr. Libra stated he thought the plat of the five lots to the south, Lots 5 through 9 were a separate question, and not tied in with the improvement of Meyers and Hillcrest. Mayor Nee stated he would call the question on the resolution ordering the improvement and called for a motion. to adopt the resolution. No motion was made to adopt the resolution to order the improvement. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIQNS ANO ESTIMATES �F THE COSTS TNEREOF: SANITAFY SE4dER ANO u�B Mayor Nee called for a motion to adopt this resolution, however, no motion was made to adopt the resolution. Mayor Nee stated, if they wished, the petitioners could contact the staff regarding this matter. CONSIDERATION OF APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLED 5/1/78): MOTION by Councilman Fitzpatrick to table this item to the June 5, 1978 meet- ing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDER,4TION OF FIRST READING OF AN ORDINANCE FOR STREET AND A d MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the stipulation that the vacated ease- ments be maintained. Seconded by Councilman Schneider. Mr. Sobiech, Public Works Director, stated they have corresponded with the petitioner, Mr. Sinigaglio and the property owner to the north, regarding maintenance of the vacated easements and they both understand what has to be maintained. ON UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT Councilman Fitzpatrick stated he was concerned about the three properties on 57th which are not included in the resolution for rezoning. He felt these properties should be included in the rezoning because they are used for residential purposes. i MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance j upon first reading, based upon the results of the public hearing. Further, j it is requested that before the second reading, the ordinance be changed to ! include in the rezoning the three properties to the south of 57th Place, j between 57th Avenue and 57th Place, and immediately to the east of Main Street. ; Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated, if the Council wishes to include these three additional properties, it would be necessary to hold a public hearing since they were not included in the original notice for rezoning. . �� 117 �_ _ _ _ . _ _ � � , I18 REGULAR MEETING OF MAY 15, 1978 PA6E 8 Mayor Pdee stated he understands all three property owners wish to be included in the rezoning and questioned if it would be necessary to go through with the notice and hold the hearing. Mr. Herrick, City Attorney stated, if the property owners and any mortgage companies which might be involved, sign a waiver that they didn't receive notice of the rezoning, but wish to be included, it could be handled in this manner. Councilman fitzpatrick felt it should be brought back with the waivers from the property owners, if this can be done, so that it would not be necessary to hold another public hearing. UPON A VOICE VOTE TAKEN ON TNE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider commended the staff and the Neighborhood Committee for their work on this issue and recommendation on the rezoning. RECESS: Recess called by Mayor Nee at 9:55 p.m. RECONVENED: The meeting was reconvened at 10:10 p.m. by Mayor Nee. All council members were present. IDERATTON OF FIRST READING OF AN � NG ORDINANCE AMENDMENT MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) Appropriate screen- ing must be provided to satisfy district separation requirements and parking lot scraening and/or landscaping requirements; (2) Landscaping plan must be reviewed by St. Pau1 8oard of Water Commissir�ners and Fridley Administration; and (3) Proposed driving aisles and traffic pattern to be reviewed in an attempt to provide additional setback from property lines to drive aisles. 5econded by Councilman Barnette. Mr. Sobiech stated these stipulations have been discussed with the petitioner and there are not any problems with them. llPON A VOICE VOTE TAKEN ON TNE MOTION, aTl voted aye, and Mayor Nee declared the motion carried unanimously. TION OF APPROVAL OF FINAL PLAT, pRELIMINARY SUBDIVISION P. S. #78-03 Mr. SDbiech, Public Works Director, reviewed the stipulations which should be attached to this subdivision application. He stated these were discussed with the petitioner. Mr. Schroer, who was in attendance at the meeting, also indicated he had no objections. MOTION by Councilman Hamernik to approve Subdivision P. S. �78-03, East Ranch Estates 3rd Addition with the fol7owing stipulations: (1) Proposed Lot 1 shall be rezoned to C-2S to conform to existing use; (2) Lot 1 will be attached to and placed on one parcel number for Frank's Nursery (Frank's Nursery presently uses Lot 1 for outdoor display); (3) Sanitary sewer easement will be provided for Lot 2 from the sanitary sewer lateral in 77th Avenue; (4) Grading and drainage plan to be submitted to Administration for review at time of issuance of building permit; specifically a means should be noted to retain/detain water on developments either through rooftop/parking lot/ � _ _— — _ ._ : _ ._ , __, . . " ,: � 11J REGULAR MEETING OF MAY 15, 1978 PAGE 9 ponding retention; and (5) Provide additional street easement for bikeway/ walkway purposes along south side of proposed plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING TNE MINUTES OF THE PLANNIN6 COMMISSION MEETING OF MAY 3, 1978: 1. APPEALS COPIMISSION MEETING MINUTES OF APRIL 25, 1978: A. SAMUEL DAHLBERG, 465 LIBERTY STREET N. E.: Mr. Sobiech, Public Works Director, stated the Appeals Commission at their April 25> 1978 meeting heard this request for a variance of the front yard setback from the required 35 feet to 18 feet. He stated approval was recommended on a 3-1 vote. Mr. Sobiech stated on page 13-0 of the agenda book, there is a map showing the future plans of the petitioner. These plans include a future single family home to the East. Mr. Sobiech stated this request was brought to the Council because of the objections raised by neighboring property owners. Mr. Sobiech stated, from a zoning point of view, variances are related to hardship and uniqueness and character of the lot. He stated this lot is unique as it has topography that makes building quite difficult. Mayor Nee asked if staff felt this home could be constructed, without hazard to the creek. Mr. Sobiech felt there would be no problem, however, there is no doubt with the topography as it is that a lot of trees would have to be removed to allow development of the property. Mayor Nee stated they were assured the variance granted on Alden Way wouldn't cause any problems, which wasn't the case, and are now considering another one. ! Mr. Qureshi felt, in this case, a different terrain is involved. He felt in ! tfie case on Alden Way, the terrain was much more severe and he is not saying the City shouldn't be concerned, but felt the magnitude is different. Mr. Sam Dahlberg, 8605 Baltimore Street, indicated he would like the variance ' in order to locate the house on the lot the best possible way. He stated he had a proposed plan of the house which Mr. Sobiech presented to the Council. ' Mr. Randy Hoffa, 8000 E. River Road, presented an overlay that showed the property lines and hill position of the property. He stated there are other possibilities for Mr. Dahlberg to develop the property. He felt, if the house was moved directly to the East, it would be another seven feet away ' from the creek and save some of the trees. He also felt the house could ', be built to the North, which would still put it more on the hill, but would j require less of a variance to the setback requirement. Mr. Hoffa stated, as proposed, this plan leaves access for development of another lot to the East, which would be more beneficial for Mr. Dahlberg, but the house could be constructed on the lot without the variance. Mr. Noffa felt Mr. Dahlberg had a number of options for the use of the land as he has offered him money for the land and also discussed the possibility of trading 20 feet. Ne felt, therefore, Mr. Dahlberg had a number of options for use of the land. Mr. Sobiech stated, if something could be arranged to avoid the variance, that would be more desirable. Mr. Hoffa stated he is saying that to build two houses would be a problem and, without the variance, Mr. Dahlberg could not build both homes. Councilman Fitzpatrick stated he cannot see a hardship as it has been demonstrated the home can be built on the lot by moving it further East. ; __ _ . _ \ . .. ' 1 `l, U REGULAR MEETING OF MAY 15, 1978 PAGE 10 Mr. Doug Lindquist, 450 Liberty Street, felt logically and environmentally speaking, if the variance is approved, it would mean the removal of a lot of trees and feels the property doesn't fit for two homes. He also felt there is too much traffic on the street already, without provision for a cul-de-sac. MOTION by Councilman Fitzpatrick to deny the variance requested by Samual Dahlberg on the basis that a hardship hasn't been demonstrated and a dwelling can be placed on the property without the extreme variance requested. Seconded by Councilman Namernik. Councilman Schneider questioned the statement of hardship relating to this variance request. Mr. Sobiech read the statement from the April 11, 1978 Appeal Commission minutes. UPON A VOICE VOTE TAKEN ON THE A10TION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of May 3, 1978. Seconded by Councilman Schneider. Upon a voice vote, all ��oting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CAaLE TELEVISION COMMISSION MEETING OF APRIL 20, 1978: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of April 20, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETING OF APRIL 27, 1978: MOTION by Councilman Schneider to receive the minutes of the Police Commission Meeting of April 27, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COP�SIDERATION OF A REQUEST FOR UTILITY ENCROACHMENT AT 1411 KERRY CIRCLE: A. R. POTAMI: Mr. Sobiech, Public Works Director, stated this is a request from Mr. Potami for an encroachment of the utility and drainage easement on his property at 1411 Kerry Circle in order to provide for decking surrounding an in-ground swimming pool. Mr. Sobiech stated the staff has no objection to the encroachment as long as the property owner understands his responsibility. In the event the easement is ever utilized, the owner would be responsible for removal and replacement of any items which may conflict with the use of the easement. MOTION by Councilman Schneider to grant the request for encroachment into the utility and drainage easement as requested by Mr. Potami for property at 1411 Kerry Circle. Seconded by Councilman_Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO REFUND BUILDING PERMIT FEES TO TME WALL CORPORATION: Mr. Sobiech, Public Works Director, stated this is a request from Fred Wall for a refund of building permit fees for the previously proposed apartment project for Alice Wall Addition or the property to the East of the Civic Center complex, as plans did not proceed. Mr. Sobiecf� stated another project is being constructed on this property and permits were issued to the Canadian Financial Corporat%on. Mr. Sobiech stated the original building permit fee was $6,546.46; however, $1,586.59 should be retained for checking the original plans and a$1,200.00 surcharge paid to the State cannot be refunded. The amount to be refunded, therefore, would be $3,759.87 ___ _ _ ___ � _ _ _ �;. ` � _ , t REGULAR MEETING OF MAY 15, 1978 PAGE 11 12] Councilman Hamernik was concerned if the amount retained would adequately cover expenses incurred by the City. MOTION by Councilman Hamernik to authorize the refund of the building permit fees in the amount of $3,759.87 to the Wall Corporation, as recommended by staff. Seconded by Councilman Fitzpatrick. Mr. Richard Harris, 6200 Riverview Terrace, was concerned that the amount the City retained covered all the administrative costs. Mr. Sobiech pointed out that all the variance fees were collected separately. Mr. Harris stated his concern is that he didn't want others in the community to pick up the tab for all tnat has happened on that project. Mr. Qureshi, City Manager, stated on all of the zoning and variance applications that were applied for, fees were collected for these items; however, plans were never executed to the point of building construction. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 9-1978 EXPRESSING DISPLEASURE WITH iNCONVENIENT. E MOTION by Councilman Schneider to receive Petition No. 9-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated bids were opened on D1ay 6 and the project is in the second phase and will be done this summer. He stated the road will be improved to proper standards, but i,t is just a matter of time. ENTERING INTO AN AGREEMENT WITH MILLER-DUNWIDDIE ARCHITECTS, INC. FOR Mr. Qureshi, City Manager, stated correspondence was received from Miller-Dunwiddie showing a breakdown of their fees. Mr. Qureshi stated, if the City does enter into this agreement, they are taking on some obligation, even if construction of the building doesn't proceed. He stated, his major concern, has been what kind of commitment the City has for the maintenance abd programming of the facility. He felt, if the Council wishes to proceed with authorization to enter into this agreement and has some reservations about taking on the responsibility for maintenance and programming of the facility, the City Attorney could check these points before the agreement is signed by the Mayor and City Manager. If the City Attorney determines that the grant application and agreement executed with the State Planning Agency does not obligate the City to maintain and program the facility, staff would proceed to execute the ag•reement with the architect. If this is not the case, however, the matter would be brought back to the Council. MOTION by Councilman Namernik to authorize entering into the agreement with Miller-Dunwiddie Architects, Inc. contingent on a finding by the City Attorney that the City isn't under obligation to operate, maintain, and program the Islands of Peace facility if the Islands of Peace Foundation should default. Seconded by Councilman Barnette. Mr. Herrick stated, in the agreement signed with the State Planning Agency, reference is made to about five statutes they rely on for authority. He stated he would check the context of each one of those statutes and whether it specifically gives them that authority. _---. _ _____ _ � _ ___ -- -'-- _ :__�--- '� 122 REGULAR MEETING OF MAY 15, 1978 PAGE 12 UPON A VOICE VOTE TAKEN ON THE P10TION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he would also check with the architect to make sure the estimates that had been given for construction of the activity building on the Islands of Peace are still valid. CONSIDERATION OF EXECUTION OF STATE OUTDOOR RFCREATION GRANT PROJECT AGR[E�4ENT NORTH/SOUTH BIKEWAY/4JALKtdAY IN LOCKE PARK : Mr. Sobiech, Public Works Qirector, stated approval was received from the Department of Local and Urban Affairs for construction of a North/South Bikeway/Walkway trail in Locke Park. He stated the total amount of funds required by the City would be approximately �15,108 which the City would have until 1980 to come up with. MOTION by Councilman Schneider to approve the execution of the State Outdoor Recreation Grant Project Agreement. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ALTERNATIVE INSURANCE COVERAGE PROPOSAL FROf�I THE LEA(;UE OF MINNESOTA CITIES: Mr. Qureshi, City Manager,stated the League of Minnesota Cities is in the process of deciding whether to attempt to create an alternative to the conventional purchase of insurance from commercial companies, because many Minnesota cities have experienced difficulties in obtaining insurance at a reasonable cost. Mr. Qureshi stated, if the Council desires to investigate this alternative, then the survey submitted by the League should be filled out and payment of $100 authorized as a contribution in establishing an alternative to the conventional insurance market. Councilman Hamernik felt, if a limit was put on liability cases, it would probably change the picture as far as insurance costs. Mr. Herrick, City Attorney, stated some courts have ruled this is not constitutional. MOTION by Councilman Schneider to instruct the staff to complete the survey and allocate the $100 from the budget. Seconded by Cc�uncilman Fitzpatrick. Upon a voice vote, aii voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIfJG BIDS AND CONSIDERATIOPd OF AlJAR�ING CONTRACT FOR MUNICIPAL GARAGE EXPANSION BID OPENING 4/15/78 : MOTION by Councilman Barnette to receive the bids for the municipal garage expansion. Contractor Roger Sheehy Co. 7091 Highway 65 N.E. Fridley 55432 Norman Berglund Const. 454 Second St. Box 475 Excelsior 55331 GEM Construction 13001 Cedar Ave. So. Box 25 Apple Valley 55124 M. A. Barr Const. 3900 85th Ave. Brooklyn Park 55443 Henning-Nelson Const. PO Box 22708 Suite 120 3735 No. Hwy 52 Minneapolis 55422 Bid (1) Base Rid # Days Sec. Add'a $85,850.00 120 Bond 1 $85,121.00 180 " 1 $90,954.00 120 " 1 $95,950.00 - " 1 $84,600.00 100 " 1 ; � . , 123 REGULAR MEETING OF MAY 15, 1978 PAGE 13 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the recommendation from City staff was to reject the bids, as they were substantially higher than the architect's estimate. MOTION by Councilman Schneider to reject the bids on the finding that the lowest bid is approximately double the estimate and out of the budget range. �� Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech felt the expenditure for this expansion couldn't be justified through use of the general fund. Ne stated the City will retain the construction plans and specifications and when appropriate, make application for funding through grant programs. Mr. Herrick City Attorney, stated there are a few local contractors who are doing a lot of building around the immediate area and have a reputation for being economical builders. Mr. Qureshi, City Manager, felt perhaps staff could investigate this approach of using local contractors and bring the matter back to council. TION N0. 10-1978 AND ADOPTI MOTION by Councilman Hamernik to receive Petition No. 10-1978 from Ken Isaacson. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Resolution No. 39-1978. Seconded � by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 40-1978 AUTHORIZING EXECUTIdN OF SUPPLEMENi #2 TO COOPERA' UTION OF AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS RELATING MOTION by Councilman Hamernik to adopt Resolution No. 40-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the execution of the agreement with the City of Columbia Heights relating to Storm Sewer Project (45th Avenue Outfall; original dated 1965 Project 0 Project S#12). Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPQINTMENT: CITY EMPLOYEE: M07ION by Councilman Fitzpatrick to concur with the appointment of Pamela Hagen as Clerk-Typist at $622/month, effective May 12, 1978. Seconded by Councilman Hamernik. Upon a voice cote, all voting aye, Mayor Nee declared the motion { carried unanimously. �• � CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 117J02 through 131964. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously. 1. 24 � REGULAR ME�TING OF MAY 15, 1978 PAGE 14 LICENSES: MOTION by Councilman Fitzpatrick 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 unani�usly. ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted. Patch Erickson Madson, Inc. Architects & Planners 2311 Wayzata Boulevard Minneapolis, MN 55404 Design Development, Fridley Garage Addition Dated March 31, 1978 Curtis A. Larson National Assn. of Independent Fee Appraisers 6279 University Avenue N.E. Minneapolis, MN 55432 Curtis A. Larson 6279 University Ave. N.E. Malcomb B. Allen 403 Jackson Street Anoka, MN 55303 Harvey Peterson 151 Glen Creek Road Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For legal services rendered, April, 1978 $ 1,372.00 528.75 539.40 528.75 2,045.00 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered, April, 1978 1,780.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION By Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 15, 1978 adjourned at 11:47 p.m. Respectfully submitted, Carole Naddad Wi]liam J. Nee Secy. to the City Council Mayor Approved: / 1 ! CONTINUED PUBLIC HEARING ON PARKS AND OPEN SPACE PLAN ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATION STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a 60 foot right of way for a street described as follows: That part of 48th Avenue N.E, between 3rd Street N,F. and University Avenue N.E., that lies adjacent to and South of Lot 16, Block 1, Plymouth Addition, and adjacent to and North of Lot 30, Block 8, Plymouth Addition, All lying in the South Half of Section 26, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purposes on the South 45 feet of the North 55 feet over the street herein described and vacated, SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shali be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ATTEST: CITY CLERK - Flarvin C. Brunsell Public Hearing: May 8, 1978 First Reading: May 15, 1978 Second Reading: Publish........ htAYOR - WILLIAM J. NEE 2 . W lJ4 CORNER SEC. 26 Gc � � .�. O l � � � � �..t� .+d W }"' � � 1 � ., 47iM. ��.� « � : . . • � �. ,_ ,? . :��a-:� � . . ��6?'5 t 4b6� 4 �� - ' 465b- Q G��'S� 1,,, . .. �4644 4�34 �'� � - , � �� .�7 , ; �� t. H� �9 Th�: __._ . _ --- � ,�� 3, �r , .. � so . ,v� .,, :�-Q a.�l- ; ; 4 L�.'�o ? � �f— 4g��a- , fi8l�T s , zf �4856— �BS�._; � � . ��a � -��9 �, d � � `� �a�? azr �4szo ��81S �1 ., .��,�� Fq$03 ; ; ,�:,..:9 'T� Il�. .J ' �. ! ♦ii•I `4G�5- ,Q6�56 � : � . Z � -�b,g 464g-� .r �4�,�4 Qb3� : : . . �Qt��1 d(,}Z ,. r 4 �:,�. 3 �S :�� t , �,. �: �• r �� 2 A s�v #�s-o� JOSEPH SINIGALIO i . . � - - . ----�if � - -: A a , --a/i"� q . ` � co °l{2�'t?� ----- � ;,j ,� � ., `+ � �a k � 19 Y .'----_ --'� � '° j ` -� ��- --•� ----., _ . ,��a - � ---��---- s �a�3 _.__f_`:,�- 4 � � 6 Zs �� ' �l'-; . _7 q �� - - ---�---��_: q@�99 nr --�-� s, _� 9 _ ��9 ; _ 9 � � e�2 _, ,o�. �i qg ' ��Z� � .----`�� e ,� �t ; }; H �l?��j -•... , --; q�a�� ,� : ----�- ` � ; , . Yd�� ---�� j._.. : '+ �c 1c ° f f i: � !.•!�� . r � E1 �9P"� -.f-.flr ""' �Y1 L A� !r • � ��.r• �:.rn�� ;46�5 . e46�0 � .-�461�� ' -46A2=- .� d 6;� { - � 4 63$-- 1 , '�r�.. � �Qh�a ; � Q�,2. � d �0 2�4 � � o r �------- ► . !� > — —! —' •"' � '---'-• - . � _`-�--- � ' � r---------� • B . 9'"" . a� . _ " � �`p•Y � • /� � �t' ., . . %r ayyy�i/r� ��/ �j `✓ • 1 " _.'_�YI_ 1 - -f�- � �j ' . """ 1f'N' � 0 . , � " _,-itfii^ . i _ - ,� a - --1 . ° ------�-�• � __' .... . _�.-•-- _. �' � __,�c'.. - ,,. �,. _ ..,,.;; .�.,;, ORDINANCE N0. AN ORDINANCE AMfiNDING CNAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.22 S-1 SPECIAL DISTRICT The City Council of the City of Fridley does ordain as follows: Chapter 205; Zoning,is hereby amended by adding the following SecCion 205.22 entitled S-1 Special District: 205.22 S-1 SPECIAL DISTRICT 205.221 Title , 3 SPECIAL DISTRICT This ordinance shall be referred to as the "Hyde Park Neighborhood TITLE Ordinance" in short form. 205.222 Purpose The purpose of this special zoning district is to: PURPOSE 1. Change the present "legal, non-conforming use" status of the residential dwel.lings in the neighborhood to a"conforming- use" status; Z. Re-establish residential character in the neighborhood; 3. Protect the property rights of all present landowners as much as possible, while promoting the general development of the neighborhood; 4. Establish a zoning system for the neighboriiood that will encourage residential investment and development in Hyde Park. ' 205.223 District Boundaries The Hyde Park Neighborhood shall comprise Lots 16-30, Block 5; and BOUNbARIES all of Blocks 6, 7, 8, 9, 10 and 11; Lots 16-30, Block 12; Lots 16-30, Block 21; and all of Blocks 22, 23, 24, 25, 26 and 27; and Lots 6-10, Block 28 of Hyde Park Addition; Lots 1-13, Block 2; Lats 3-4, $lock 8,and all of Block 1, City View Addition in the City of Fridley. 205.224 Uses Permitted I. Principal Uses USES PERMITTED One family dwellings 2. Accessory Uses A. Private garages or other accessory buildings. Only one accessory building in excess of 240 square feet is allowed per site. One additional accessory building is allowed provided it does not exceed 240 square feet. Any accessory building in excess of the above requirements (square footage or numbers of buildings) requires a special use permit. All accessory buildings must be permanently attached to a foundation and may not be used for home occupation. All garages, whether attached to, tucked under, or detached from the main dwelling, are considered to be an accessory building. B. Privately owned recreational facilities, such as swimming pools, tennis courts, which are for the enjoyment and con- � 3A Ordinance No. -2- Chapter 205, Section 205.22 venience of the residents of the principal use and their guests. C. Customary home occupations including rental of rooms for occupancy to not more than two persons per dwelling unit. 3. Existing Uses A. All existing uses will be classified as permitted uses within the zoning deistrict on the present property which they occupy. B. Existing uses other than one family dwellings: In the event that the main str.ucture is either damaged or destroyed, the existing use will be allowed to rebuild Uut shall not exceed the size or setbacks of the existing structures. Alterations may be made when they improve the�livability, provided they will not increase the number of dwelling units or the bulk of the building. C. Existing one family dwellings: Existing one family dwellings that do not conform to the conditions of this ordinance will be allowed to continue as a permitted use. In the event that the main structure is either damaged or destroyed, the existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the zone. Altexations and additions will be allowed when they improve the livability, provided they meet the required setbacks as stated in this Chapter. 4. Uses Excluded A. Radio or television antennas exceediag a height of 20 feet above dwelling roof. B. Any use not specifically permitted in the preceeding para- graphs of this Section. 205 225 Lot Requirements and Setbacks Yards, lot sizes and open spaces shall be as required in this section LOT REQUIRE- for one-family dwelling in the Hyde Park Special Zoning District. MENTS AND SETBACKS 1. Lot Area A. A lot area of not less than 7,500 square feet is required.. 2. Lot Width A. The wi�th of a lot shall not be less than 60 feet at the xequired setback. B. Where a'parcel of land is less than 60 feet in width, but not less than 50 feet in width, and comprises one or more full sized lots or parts thereof, on a subdivision or plat recorded before December 29, 1955, and the minimum width of a lot as originally made is less than 60 feet, and it is no longer practical to require a greater width, the minimum required lot width can be lowered to allow a building on this parcel with the side yard requirements reduced to five (5) feet minimum on each side subject to the following conditions: 3B Ordinance No. _3_ Chapter 205, Section 205.22 1) The distance between any attached garages or other accessory buildings is at least 10 feet. 2) The distance between any building and the living area in an adjacent building is at least 15 feet. 3) The distance between the living areas in any two adjacent buildings is at least 20 feet. 3. Lot Coverage Not more than 25 percent of the area of a loC shall be covered by the main building and all accessory b�ildings. 4. Setbacks A. Front Yard: A front yard with a depth of not less than 35 feet is required. . B. Side Yard: Two side yards are required, each with a width of not less than 10 feet except as follows: 1) Where a house is built without an attached garage, a minimum side yard requirement �all be 10 feet on one side, and 13 feet on the other side, so that there is access to the rear yard for a detached garage and off- street parking area. 2) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than 5 feet, provided the height of the garage or accessory building on that side , is not more than 15 feet. C. Corner Lots 1) The side yard width on a street side of a corner lot shall be not less than 17.5 feet. When the lot to the rear has frontage along a side >treet, no accessory building on the corner lot within 25 feet of the common property line shall be closer to said side street than 30 feet; provided however, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot to less than 25 feet. 2) Any attached or unattached accessory building which opens on the side street, shall be at least 25 feet from the property line on a side street. D. Rear Yard A rear yard with a depth of not less than 25 percent of the 2ot'depth is required, with not less than 25 feet permitted, or more than 40 feet required, from the main building. 205.226 Building Requirements 1. Height No building shall hereafter be erected, constructed, recon- structed, altered, enlarged, or moved, so as to exceed the building height limit of 30 feet. 2. Minimum Floor Area A. A one-family dwelling unit shall have a minimum first floor area of 768 square feet of living area. BUILDING REQUIRE- MENTS K�� Ordinance No. _q_ Chapter 205, Section 205.22 205.227 Parking Requirements 1. Parking Ratio PARKING REQUIRE- At least one off-street parking stall shall be provided for MENTS each dwelling unit. 2. General Provisions A. A properly maintained hard surfaced driveway is required for each dwelling unit. B. The required parking stal.ls sha11 not occvpy any portion of the front yard. 205.228 Landscaping � 1. Grade Requirements LAND- SCAPING A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: A. The minimum elevation of finished ground grade is to be not less than � inch rise per horizontal foot of setback measured from curb grade. B. The maximum elevation of the finished ground grade to be not more than 48 inches above the established curb grade. C. A different finished ground grade may be establihsed upon application therefor for approval by the City Engineer's Office of the City if such different elevation is found not to adversely affect surface drainage to or from adjoining property. D. The City Engineer may specify a minimum finished ground grade for any structure in order to allow proper connection to City utilities. 2. Site Improvements A. Sodding and landscaping to extend across the entire front yard and side yards. B. The boulevard, and rear yard are to be properly maintained. C. All structures, walls, fences, walks, steps and other exterior developments shall be maintained in a good state of xegair, and kept free f rom dilapidation by cracks, Cears or breaks, or from the deterior ation of materials and their pYOtective coverings which give evidence o£ long neglect. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - William J. Nee ATTEST: CITY CLERK - Marvin C. 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'; , .�..,.: jl ;5��.._, 1 c 5IITI;! �:VEt�UE � t�t.E. � .••. '�1�� 11� S74o ,232.,�k�} 5't +O ' �:41 + 27,g , 57�0 � �; ; 5750< ; .. �Z �": j"' � y � = r . �. . . . � � . i� �J 57f33� rv�i . 57b5 +! 5770 5;G1� '�710 �5%;0� ��' ' w ... ��., .1,) . t,, ,,' ° �' f �_ _ ` �' . ! ,�-1 ,,� .� �'� ',,r„ � , •- " •• ' _t9r� ..• .. � :; , ' f,, , � . ; �., .' � * tol. 131 ?.'i'_; 7.1�1- � i 33 ZQ 1. � i\�251 26t •: �271 2�? _ , �� ! _ � .,.. .. .... �. , ... � r ,. . �.,?� �a , zao f.�� J.. �lJ� • y �•� .1 , p. ,�;, .. . , . ;, �> y _ . - . :.. _� ;� -� f z�� ?3o y ,, 0 8 ' •.•.. � �: -- - - • , ': . _ _ _ F.`':.�: • . .. 1S' //4 C � F'h'ER , S _FC.. ?3 �; STATE OF MINN�SOTA) ) ss COUNTY OF .ANOKA ) WAIVER OF NOTICE REGARDING REZONING ZOA �f78-04 The undersigned being the fee owner of the property described below hereby requests the City of Fridley to include said property in the present rezoning request ZOA ��78-04 action, whereby property described below would be rezoned from C-2 to S-1. The undersigned acknowledge that their properties were not included in the original notice of hearing for the rezoning request ZOA ��78-04, issued by the City of Fridley, but hereby waive receipt of said notice and request that their properties be included in said ZOA ��78-04. Legal Description: Lots 3 and 4, Block 8, City View Addition Address: State of Minnesota) ) ss County of Anoka ) 216 57th Place NE, Fridley, Minnesota , Y' � �� s- � ,, � ��,,Q� Theresa M. Abitz - Fee wner 3E S'T On this % f day of �, t,7it,�i , 1978, before me, a Notary Public within and for the County of Anoka and the State of Minnesota, personally appeared Theresa M. Abitz , to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. /;i _ � ,_ Notary j�`ublic ,�.°"'�w„ CLYD� V. MaRAVETZ '`'� �� ' NOiARY Pt�t�l!C — h41NNES0iA �� ANOKA COUNTY My Gommissiort Cxp�res i)ac. 2�, 1980 ORDINANCE N0. AN ORDINANCE TO A�iEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA QY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or are within the Caunty of Anoka and the City of Fridey and described as: Lot 2, Block 1, East Ranch Estates Third Addition, lying in the North Half of Section 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2 (heavy industrial areas) to C-2 (general business areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: May 8, 1978 First Reading: Mav 15, 1978 Second Reading: Publish........ P7AYOR - WILLIAM J. NEE � �� . � � � 3 • � ,v.:,...-�-� ;,;;,� � ; ` �,-�"� ;� ," � ( � .I I i ��i �''9 � � � :� � ; � �t� �J * �•- .- .'�� a °; �' .. g��. �� ' --_-.. � u Marque te State ��,, �w � Y? k� �.� ��r` . I � �� ` , 1` I �� J , �� '.�'�,,, t,�,�,�,.� i . M J, Y ,� � L �-��c ; :J;`�c%r� `ti`?$ � �� — r�'�J,� � 't. ` � . .; :+, �i "' � �.,r �. : '� t^a� � .• , �_ i: `3� N,.r�,� t,. :�_ � � i �. ,,',. S� '^. '. t �. F-�.� . .. . " f..':?,� _ .�! �l/a�l�S' �0 �, . . j :Y '' `�' .. 4 �! :7 � � � >. ` (� L- � � ' �i= � / // �N�, ��\� V! . �� ` � � `�� ` ` �� ` / / .'P,�L \ w . � � ';�:•` '-��, �,`;,11 �.. - \ � i ' I i-- --� '�, " •' ` _�, , . r ; � � �9 � `�; ( � � ` �-- � o ; ;� b -- �� a ; I ,, i ; � __+�_ --v- . � p � . " ,rl� � -�-- ` - _�_ . '. ' zo- ' _"z` ` §; ; � : � a ? q4 ` - � � �N � '•- -- ----- . . ' . - ��, �j'� x - ,-� -- — � �i� � ' i . . � � � C ii � '._. `'' i ., . . � � � d�- � � � — �t1 �c i � � . . ... 3 !!T. . � __ -' i� � �-s I( �`� � l f .. 2 �; . 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AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. . SECTION 2. The tract or area within the County of Anp�,a and the City of Fridley and described as: Lot 1, Block 1, Hiilwind Additian, lying in.the South Ha7f of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as CR-1 (general office and limited business). SECTION 3. That the Zoning Admin�strator is dir�cted to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (general multiple family dwellings) to CR-1 (general office and limited business). PASSED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS DAY OF , 1978. h1AY0R - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: May 8, 1978 First �eading: Second Reading: Publish.......: 0 THEODORE BURANDT ZOA ��78-03 6� Items for Consideration Which Were Discussed at Public Hearing 1) Property will be legal non-conforming use as far as sideyard setback is concerned unless variances are applied for and approved. 2) The signing must be within code requirements. 3) Petitioner to discuss with the property to the north (1001 Hillwind Road) regarding possible rezoning. 4) Existing structure must follow appropriate building codes for remodeling for use as office. S) Grading and drainage plan to be submitted to Administration for approval. 6) Appropriate district separation screening and landscaping plan to be approved by Administration. 7} Performance bond in amount to cover landscaping and parking lot improve- ment must be provided. 8} Existing driveway to be removed and landscaped. 9) Driveway to be provided on the south side of pr_operty and properly constructed with concrete curb and gutter and blacktop surfacing. . - � ..`r : , ;,�; , . . � G B ,... - � . _ THEODORE BURANI7�;�.� �:� - �OA # 7 8– 0 3 � 9�1 Hillwind Roac�;-I�tE �� . � '. , � � �.�� . e; . � � � . �S . . � > `'s � ;Y&` . . . •%. �� , . � � � � , / D�� . W //4 i ,; , � t� � : � � COf,�,y� : �' / �� / • �'' � �� t• �' SEC ,29r=.,,`.�,, �.� 5,.� ,. � ,,:,,,,6, ��,. . ,- ,�a,,, �,, i � . , - ' ..Pl '"� _ . - �xso,•" -- cs ..,- z; _�- �_,%, ....... . � -;i__: �f.�, _ „, .� , , •. • a. - �. '" ' �' i '". . b . .,�-.� �-�/j�1' IJ°" / yr 4';4;� f � ' k": �- S. 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NU. 9 � -- _ -� _ _ . , � �. - • ..... ...... ..L� � , 17:�a) ...riri-.� - �.µ �-- _._ ... -?-. . 8 � •. t,�so�•:. _... ..... ... , - ._ _....'`O/-•--• ih.•:" --• . ��y ' .iYlf ' � _ .. . .... .. .. .. �.. ......, . s1�/ `\ � .,°Iia♦_•r-1.I�tf ' ..�' "--•- . .. .� . _ '--_., � ' - . s,, , . ,. _ . � y ..� '- i:i'-...--- • S /I'SC '' " . c• .�.. . ... .. .. ......... - ,�� J 9 � � ' � \ ..... . � ; .�=wJ, :., . , t _ . . ._ ' . . . . �.� .. 1` 'uRtl.a4�&"�w . � . . � . � . . . . . . � . . � � . . . ....r.�.,,..,..,.�:..,...M 6 C ysJ � .!. • �3 ' . _ • ` �j U�UNmA/� � Mun6N•e� 1�1��q� �. i -�}i bd�5 M.�war No 6�i N E� '•��'.{Rs�t'�r.... � L �€aa��tw�ao i d ' M�n�s�rnbs ALnnew�a 55�31 � ..� � . ...�.._.__._—IMC�:.= _ '=j.-Lt. _'--'– •--'--------- -- _ __._•.___.� . . --_.'-- _..`....�._.� ,. . � . _....__.� _. . ._...�._...�.–��-� ' � � �.�__._.._�_..___._ .............�_._._._. _-- ._� SutnUlbca 8908SIC � �'rtr! L.NWrip! /, npnrn,n� � l.N! TntuK � L,��d bu�.�..y �/,ond Pbnrun� ' t IUt (;hH No,M �� . . Burnwi�te. Minrwyuu 55J]7 .. Mo S ING RC/�1.TY rtgage Loan Survey for r�► � ,\ ti �` S;GN POSTS �a` �.�j Ovev�,yr.� \ J � �� 9� � O� ��j � / � � . �� , , ,\ �n�� 4r�� 1',c� �'j7`�KY ! 9! .r FRAM� * � N �5�� G �. , r c3 , .. � � �\ A • � O � �� J� �� \ 2�0.2 J � �ti�. � »� t� � , ,�Q, �� 1 �k O l � �'� � �� - � ♦ �� `� F , , NORTN _ 5'cv% / •, �O � _ -_._.___________ / ��'ys , y � . � `, ^r. � . 1�' �+ _�.:, O , �, s �' �, � �� m � . . � +�9 2n �`��_---- ��. ys -- — - --- ---- � -� %�er�o es T rczl�,a�e � (/fiii� Ea�e�ret,f. L O T�__ ,� .�_ L O C K_� , N 1 �_� v V � N r� �At�r��o N �'',�� f � � ��,�. •��, �� .�� o�"r�cor�, i�ary. ANC1,lA COUNTp' Thi� is a tr�• o�d cor.�cr r�pr��en►atio� o� a�ur..ey of rhe bovndan�s of �he lond abov• deaciibed and o1 �h� loto/ion of oll buildings, i1 o�y� th�r�on� pnd oll ri�ibl� •t�tfOOtFIT�R�f� if o � f.om or on said lo�d. ifii� svrwr is enod� o�ly in connect�on with o mortgoye loan now b�ing p�oced on rhe op�rly ond no Iiabililr i• of��m�d fxt�p� fo fh• hold�r O( tuch morfgag• pr ony othe• iM�r�it ocqu�r�d by fh• r�oson e/ svcl� Tor�ya�. If is ynd�rstood ond' oqr��d n4 rnonu�*+�ntj �ov• b��n �loc�d for �h• purpoa of •�toblishiny l01 lin�f or S��nda�r co�n�is. Do��d rh;� . • dsy of ,�i �•• A. 0. 1C� � � 3�4 SUSURe ENG�fRtPjii,,t�lC, EnOin. . � / Saf.rye.s 6 b tiY .,�. • .l � � :�%� �. --r : All Riqhu Rtse.vsd +� CODE SECTION 18 � ORDINANCE N0. AN ORDINANCE AP�£NDING CHAPTER 18 OF THE CITY CODE OF FRIDLEY, BY ADDING TO THE LIST OF SPECIFIC TRADES REQUIRI�{G A LICENSE AND SETTING NEW LIMITS OF INSURANCE COVERAGE_ CHIMNEY SWEEPS The City Council of Fridley do ordain as follows: (A) Section 18.05 of the Code of Fridley be amended by adding, "14,Chimney Sweeps" (B) Section 18.03 of the Code of Fridley be amended by; Deleting the words "and $25,000 for property damage" and adding "$50,000 property damage." PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1978. MAYOR - William J. Nee AT7EST: C C ERK - 1arv�n C. Brunse First Reading: Second Reading: Publish: '� �"J � � f� V � � v ` � � �� 1;. . _ ` ( nl ��J � t� ' S�j �� ; n�=i ��` �? �i lL��I � �f�=��fa3M�r `��i O Y v Y;� y ` i �7 ��J << s'-� k y��V 'r_��: r � � � � J 1� � . � 1 t � � : .,�. g Bennie Rozman SA 4173-OS. . t • ' :r . ,��L••'c, _ : : '3'H 133tt1S � � � .�: z--�--�,-- � � , ti� � v ti�. r,� �' h%t - - . •�., -. � _ , s �.� �., 3f y� ^ t�a � s•, •� Y o a a, �1 ? � ., , � ' ' � 1� � ,, � 3'N 13�i11S r � s� . . ., � . N H19. �..f ,•I�--_�"__ :+�_•_.. __,r_�___ - ♦ . •r . . � --- - .�. �� ..,+• �' . " � • i�!a .. .,, - .�, , J �;,, �." ,'�: �; , , �- -- , t` � y h , -. � � r.,.e,.. _ _ _ . I's ��14 i ' p . �.ti � o � 4� v � �ti I s : p � ^ ' .,f _ W - _ .'_'__ i . . � j 1 /� w � � Y' � ' V�� ' E�� i M,� i �N�i :. It n ,I `.r 3 . ,�, . i . � i ` � I� � � O � Y q` ' ! t I '` + 3n'iao' , ... ,. ` , 391�H3S , 1 ! '� ° 11 `+�, - Lb '^- ON.'a. .. . �� .._._ .. ..—�1._! � �_._�_ ' '�� AVMHJIH-' • w..._�...... 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Q ' i.'i.�.�•' ;�� •••. . r, 4-. N O 1 H S C '--'°.�„=- [i p � •, �"'; '�r-; `-, ; -;,n - � .-:—*- s .� - i /`� . . �� ` ' i i -1 , tl �� , . ,. ' : a � �� N� ' ' I I' . 1 I �_ �.��W'' .. . � ' �, � , I' p :� •�' �'':. [[ � ' ? . � � :;,': � ''`p :� - : ; . �� ' , : `.•° ` ` ` I r: �. '`�: t O. �� _�� V •' • ' : C'�.\' .- � . • � , l � � , , �. U.,. :1 ;1 . ` _ •• �/�' . � • � . _ ` � � � : . � ,� ; � i �c�� • ' ,� � � • -s . :'�.yo ti � - I \ ,w�. i `�� - - �--�" -• I , .�t�. �.J': �• �.? ,f .', ' �0::��:G'� .'�� ' . . � � M i , ��1�v� � A . � < <� t4EM0 RAN UUM May 19, 1978 ML'MO 7.'0: Nasim Quershi, City Manaber MI�MO I'RO:�: Virgil C. Herrick RE: Disco - Special Use Permit Items to Ue considered by the Council in determining whether Special Use Permit should be granted: 1. Is the proposed commercial use, i.e. disco establishment, compatible with the City's overall plan for this area. 2. Is the proposed use compatible with existing tises in the area. 3. [dould the proposed use constitute a nuisance to the existing property o�•iners in the area because of the li�elihood of trespassing, vandalism, litter deposits, etc. 4. Would the ai�iount of police supervision necessar3� for the proposed operation at this location be an undue burden on the police department from the standpoint of manpower and cost. 5. iaould the proposed operation at this location create a safety fiazard for children walking to or from the site. 6. Would the proposed operation of a disco center invite children below the age of iourteen to violate the City curfew regulations. 0 r r,�TY or rxznLrY PL11NP1IT�1G COP�IMTS �IOrd ME�TING M �� 7 � �,�78 CALL TO ORDL�R: Chairperson I-iarris called the May 1?� 1978, Planning Commission meeting to order.at 7:40 P.M. ROLL CALZ• Members Present: Members Absent: Others Present: Storla, Harri�, Peterson, Schnabel, Langenfeld Bergman Jerrold Boardman, City Planner APPROV� PL!1NTIING COr�jIaSIGi�d t�TNUTES: M11Y 3, 1978 MOTION by Mr. Langenfeld, seconcled by Ms. Schnabel, to approve the May 3, 1978, Planning Commission minutes. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Mr. Storla, seconded by Mr. Langenfeld, to suspend the rules and handle the motions from the Human Resources Commission Minutes of May 4, 1978. Upon a voice vote, a1.1 voting aye, the motion carried unanimousl.y. MOTION by Mr. Storla, secanded by P�gr. Peterson, to receive the minutes of the M ay �-, 1978, Hu�an Resources Commission. Upon a voice vote, a?.1 voting aye, the motion carried unanimously. �'7 Mr. Storla indicated that the first motion had been made by the Human Resources Commission on Pa�e 7, paragraph 5, "MOTION by M ary Van Dan� secondec� by Mary Jo Dobson, that the Human Resources Commission recommend to City Council, through the Plannin� Commission, that an"Arbitration Panel" be established and that an arbitration agreement be cira1rn up with the assistance of the City Attorney, if possible. Upon a voice vote, all voting aye, the motion carried unanimously." Mr. Larry Dobson, Tenant/Zandlord Praject Committee Chairperson, ��ras present at the r�eeting. He explained that the �rbi-tration Panel ti^tould be composed of three me�bers, He said one member ti�rould be the tenant� one eroulc� be re�resentative of the mana�ement� and the other member �rould be �ppointed as an unbiased Member. IIe said that the third person could possibly be a person appointed by the City to act as the arbitrator, PL�rdrdIrrG � coMr�Il�sIOl��r P�l�;?;TIr�rG - P�1�Y 1 1 8 � Pa e 2 9� Mr. Dob�on said that the 1lrbitra�ion Panel ��ould handle differences that ��ose, bet��een the tenants and the l�ndlords. He said that the process vrould be s�rictly voluntary. He said both parti�s tivould have to a�ree to be hEard by the Arbitration Panel. Mr. Dobson felt that there ��rere many problems/differences that exist bet�•reen the tenants and the landl.ords that could be worked out betcreen them ivithout �oing thraugh the court process. Mr, Dobson said that presently Fridley didn't actually have major problems in the area of tenan�/landlord relations. Ho��ever� he felt that noer �vas the time to begin a method to help avoid confrontation situations that exist in the inner cities. Mr. Dobson explained several examples ��ihere the Arbitration P anel could help :��ith probler:ls bet��een the tenants and the otianers of the complexes. He said that the P anel could also act on problems that could result bettreen tuo tenants. Mr. Langenfeld asked if the Tenant/Landlord Committee tiJOUld be dissolved once the 1lrbitration Panel ti�ras set up. Mr. Dobson said that it had been indicated by the Commissioner of Human Rights that they iaould like to ��rork ti•rith the Committee as a format in t�rhich to help ti�rith discri�nination hearings. Mr. Dobson cited some exar�ples of �r�hat certain complexes in the City ti��ere usin.g to vacate the apartments. He said that �he reasons for doing so ti�rere usually mone��ry reasons on the part of the manager/oti�mer. He said that �ie didn't �Trant to get into specifics a� that time because the exarrples ti�ere, at �hat time� sti11 only hearsay and not documented truths. He said that there ti��ere so rr.any people involved trrith such actions that he felt it rrould be soon that there �rould be enough evidence to talk about such illegal actions. r7r. Boardrnan ask�d if the person before the lirbitration Panel had to abide by �rhat the Panel decided. T1r. Peterson said that according to the Uniform Arbiiration �lct� if �he tl�o parties agreed ta arbitration before going before the Panel, it taras as binding as a Court of Larr. P•1s. Schnabel asked if the o�tners of the compleYes involved ir_ the money-nlaking evictions ;•rere arrare of the happenings in their buildings. Mr. Dobson said that they ��reren't sure if the orrner �vas involved or not. He said that because of the lack of evidence they have not contacted the ormers� He said that one �ray that the o��aners could be made at�rare of eYisting problems r�auld be to invite the o��ner to be a part of the Arbitration P anel. Z OTT - MAY i7, 1978 P, Chairperson Harris said tha.t the City cauld not get into arbitrations between tenants and 1an dlords. Ms. Schnabel pointed out that Government could not get involved irith private businesses. Mr. Dob�on felt that the �lrbitration Panel tivas necessary to help tivork out cer�ain problems that already e�:ist in certain complexes in the City. He didn't tivant to see happen to Fridley t��hat ti��as happening in the inner city (Cedar-Riverside �+!as used as the example of tenant/landlord problems). Chairperson Harris asked if the Concept of the Arbitration Panel vrould need any staff. Mr. Dobson said�that they ti��ould need some staff. He said that records would have to be kept. Mr. Boardman said th;at Staff vras already over-tin�orked. He said that all available time ti=ras already being used. Chairperson Harris said that, if the Staff situation could be solved, he tvanted to know tii�hat other costs �vould be incurred by the Arbitration Panel. Mr. Dobson said that they needed an agreernent drafted and then they v�anted to have the City Attorney look it over. He said it �j�ould be based on the Better Business Bureau's Arbitrat�on process. He said that there tivould also be cos�;s in producing the inaterials needed. He said that the actual costs haven't been ascertained. He estimated it ti�rould be bet��reen �200 and �1�00. Chairperson Harris said that he v�anted to see the Program laid out in detail before they made any recor�r�endations to the City Council. He said he tivanted to see a plan on hai=r it tivould be set up, the aims and scope of the operation, and horr many actual dollars vrould be required as t�rell as hoti�r much Staff time �vould be needed. Mr. Harris said that he liked the concept and said it ti��as most probably needed in Frid7.ey but before it tivent any further, he �vanted to see exactly hovr it ti�rould be set up. I�OTION by Mr. Peterson, seconded by t•ir. I,angenfeld, that the Arbitration P anel discussion be continued until such time that I�1r. Dobson developed a total plan of the requested P ane1. UPON � VOICE VOTE, a11 votin; aye, the motion carried unanimously. • � PL�NNING COMMI�STOT1 MT,�TING - MAY 1��1g�8 Pa,e t�. 9� Mr. Storla indicated that the second motion had been made by the Human Resources Commission on Pa�e 8, the second paragraph, "MOTZON by Mary Jo Dobson, seconded by Mary Van Dan, to recommend to City Council, through the Plannin� Commission, that a full-time staff person be hired vrith the responsibilities listed belovr and to help plan the future development of multiple and apartment housing in Fridley...." Mr. Dobson said that they ti�ranted someone to act as a center figure in the City that people �vould be able to go to for help or information. He said they �vanted someone rrho ti�rould be able to direct a citizen to the proper place fflr them to obtain the help or assistance they need. He said that presently people are referred to so many different people, ti��ho in turn are.directing them to other people, that the person making the request eventually get defeated and quits trying. Chairperson Harris read �hrough the list of responsibilities. 1) Assist in ensuring compliance ti�rith the Maintenance Code. Chairperson Harris said that it ��as already the responsibility of �he Building Inspection Department. 2) Establish and maintain recor� of all available rental property �vithin the City of Fridley (licensed and unlicensed) Chairperson Harris said that it �vas really the job of Real Fstate Agents to provide that type of service. 3) Refer persons in need of housing. 1�) Keep current on housing needs of the community. Chairperson Harris said that Staff already had the information available. He said that people have to seek the information. City Hall was not going out into the area givin� out the information. He felt that �vhat �vas presently being done in that area was adequate. 5) To serve as liaison bettiveen city staff and Tenant/Landlord Pro�ect Committee anc�, if established, an arbitration panel. Chairperson Harris said that he v��ould object to a Staff person being the third member of the arbitration panel. 6) Assist in providin� assimulation services to ne�� tenants (recreational services, school information, community services, etc.). (e. c . . . . PLANNING COT�iP�IS �TOI1 P��:T�TING - I�IAX 1'�x � 97� Pa�� 5 9 �J Mr..Dabson said that v�hat was wanted was a central location for people to obtain information about the City. He sai.d that one person should be available to han�le all the inquiries about the services ancl housing availabl� in the City of I�'ridley. Mr. Boardman explained that it ivas difficult for one person to a�vare of all the services and housa_ng o:E Fridley. He said that the best t�ray City Hall can handle the inquiries vras to fortivard. inquiries to the Departments that dea7. t�rith those particular be the services. IIe said that the information �vas available at City Hall; he said the citizen only had to make the inquiries. Mr. Dobson said that some of the things that are ,supposed to,be available, are not. He said that he has had many comments saying that people only get the run-around erhen they make certain inquir�:es to City Hall. Mr. Storla said. that Mr. Dobson ela.s a very knoti;rledgeable person in �rrhat he ��F�as talking about. He said ti�rhat uras being seen as a result from his efforts cras the fact that Mr. Dobson tir��s being over-��rorked and it should be apnarent that there cx�as a need for the ty�e of service that he ti�aas requesting fror� the City of FridJ_ey Staff. He indicated that �vhat ti�ras beinb proposed vras a method to help solve many problems that �:ere in existence in tne City of Fridley. Mr. Storla indicated to T1r. Dobson that obviously rrhat he tivas proposing vaas not going �rell 1.ith the Plannin�; Comr�ission. He suggested getting together with P�Zr. Boardman and re�vorkin� the proposal. Chairperson Harris explained that the reasons the item was having difficulty being accepted by the Commission �aere: A) Many of the items �1ere already bein.g done by the Staff. He said all it t�rould take to get the information vrould be a telephone call. B) Fridley does n�t have the Staff available to perform the services being requested. He also lrasn't stzre ��here the money tivould come from to perform the services. PZr. Boardman pointed out that many of the services being requested tivere very likely already bein� provided by other a�encies. Mr. Peterson did not feel that the City Government had the responsibility of solving "people problems��. Mr. Langenfeld suggested a position be established incarpora�ing the ten functions and have that person be paid by soMe type of funding and then the position ��rould be completely divorced from Staff itself. . , ,�i" PLANNIt�1G COI�I�II�SIOId t�ITrTING - P�IIIY 17, 1�7�3 Pa��e 6 9 E Ms. Schnabel said that it seenled r1r. Dobson was looking for someone from the City Staff txrho has the authority to cut through the red tape for the particular people ti•rho ��rere having the problems being discussed. Ms. Schnabel indicated that the problem the Commission �xras having tiFras tix�here that Staff person lvould come from. She said that there ti��ere no extra people on the Staff that could take over the responsibilities being sug�ested� MOTION by Mr. Storla, seconcted by P•7s. Schnabel, to continue the discussion of a fu13-tir�e staff person assuming the ten listed responsibilities. Mr. Dobson said that they really needed someone from the Staff that could ansltrer questions from peor�le ��ho �j�ere having problems. He said they needed sorneone ��rho could -tell that person ti�rhere to go for help; he said they needed someone tirho would not "pass the buck". UPON A VOICE VOTE, a11 voting aye, the mation carried unanimously. MOTION by A'Ir. Peterson, seconded by Ms. Schnabel, to suspend the rules and handle the Parks & Recreation Comrnission minutes. Upon a voice vote, all voting aye, the motion carried unanimously. NIOTIOId by P�Ir. Peterson, seconded by Mr. Langenfeld, to receive the P arks & Recreation Commission minutes of l�pril 2�., 1978. Upon a voice vote, all voting aye, the moLion carried unanimously. The minutes ti�rere received at g: �.1 P,t�2, 1, CGNTINU�D: CCP-IPR�H�NSIV� SE:{dER PL�IN Chairperson Harris ��.�an�ted to knoti�r zf the system for run off in the East Ranch Estates �ras adequate for that area. Air. Boardman said that the Engineering Dept. felt that it vras being handled adequately. He said that �•rith any 1ar�e development ., ponding systems ttere being rea,uired, where. riecessary. It was .th� same with pl�ts. .� . He saict that on individual lots it �ras being handled by permits for roof storages, etc. Mr. Boardman said that the Lngineering Der=�rtment tivould be setting up regulations that ��ou1d ��;on�rol the increased run off. FIe said i�c i�rould state that tstater �vill not incre�se the capacity of the streams and what the ti�rater c�uality should be. . i�e said that it tivould be done �arhen the re�ulations are set under the Critical Areas. 4� PLI�NNITIG COP�IMZSSION MFETING - MAY 17� 1 q78 Pa�e � Mr. Boardman said that City tivas looking at the adoption of guidelines and regulations to control all the area_s outside of the Rice Creek Watershed District. He said that presently those areas were being controlled strictly by unwritten policies. Chairperson Harris said �hat the sanitary se��rer system that was put into the East Ranch Estates and the Onavray �.reas vrere disasterous. He said the water pipes ti�rere getting constant intrusions from surface water. He felt there should be a statement in the Comprehensive Se��er Plan that the Sanitary Se��rer Systems should be upgraded to alleviate the present problems; � LL: QF Mr. Jeff Christenson said that they were aU�are of the problems Mr. Harris tivas speaking of. He felt that some statement to the effect that the se�ver systems in Fridley should be maintained should be included in the Comprehensive Serrer Plan. MOTION by Ms. Schnabel, seconded by T�Zr.. Peterson, that the Comprehensive Se�;1er Plan ��rith the amendments b� recommended to City Council for approval. Mr. Boardman explained the entire process of Comprehensive Plans that will be handled before December 1g78. He said that City Council v�ould act on each plan individually, and then at the end of 1978 a combined Public Hearing ti�rould be held on the entire Comprehensive Plans for the City of Fridley. UPON A VOICE V�TE, al1 voting aye, �;he motion carried unanimously. Cha�.rperson Harris declared a break at 10:0�. P.�S. Mr. Peterson left the r�eeting because of prior comrnitments. 2. COI�TTINUED: DISCUSSIOld ON FN�P,GY COl��7ISSI0N MOTION by P�r. Langenfeld, seconded by Ms. Schnabel, to receive the outline from Mr. Boardman regardin� purpose, scope, etc. of the Energy Project Committee. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson ��arris felt that he ��anted to be able to read the outline more carefully. I3e suggested the members taking the outline home and give it some serious consideration. Mr. Langenfel.d said that it �vould be best to do as Mr. Har.ris su�gested because it tivauld help the Cor�mission actually finalize the goals and objections for the r�nergy Commission. �. PLr�NrrzrlG cor��zzs,zor� 2�EETING - P�7�Y �, � 9�� P�� 8 9 � Mr. Storla said he talkecl to a person at the Community Services Branch of the Minnesota �ner�y Department and had been informed that someone v�rould appear before the Plannin� Commission to help set up the Fner�y Project Cammittee. He said that they seemed most vrilling to g�_ve a presentation regarding an Ener�y Commission if the City �vanted them to. Mr. Boardman said that the �ner;y Commission �vould probably need the expertise of the Minnesota Fnergy Agency, but he didn't feel that the Planning Commission ��ould �rant a presentation. MOTION by t�ir. Langenfeld, seconded by Ms. Schnabel, to continue the discus5ion on the Energy Ccr�mission v�ith the ideas of the previously received document being used to assist in helping finalize the Energy Commission �oals and objectives. r'Ir. Boaruman sa.id that he zrould advertise in the papers for members to serve on the Energy Comr�ission. Ho��rever, he said he �vanted to rrai� until a purpose and the scope of the Commission <<ras finalized. Ms. Schnabel said that at the Appeals Commission she had received ttiF�o names af people that vrould like to be considered for the Commission. She said that they ��rere not necessarily experts in the field, but that they ��,rere knotirledgeable. Chairperson H arris said. that the submission of names �vould be handled after the actual Energy Commission tivas set up. UPON A VOICE VOT�, all voting aye, the motion carried unanimously. 3 REC�IVL RECYCLIiTG PROJ �'CT CCT�'��TITT�E PEPORT Mr. Langenfeld said that some changes had been made to the report. The first change titras that the property location must be compatible ��rith City plans and the other rras that the Recyclin� Project Committee ixrould initially be responsible v�ith the administering of the Recycling Center. Mr. Langenfeld s�id that it 1�ras the desire of �he Environmental �uality Comr�ission to name the Center� "The Collection Center Disposal for the City of Fridley". MOTION lay Mr. Storla, seconded by Ms. Schnabel, to receive the Recyclin� Project Committee Repor�. Upon a voice vote, all votin� aye, the motion carried unanir�ously. •; PL�NN7P?C C,OP�MIS �I01`I r7?;rTIl1G -��IAT� 1 1 B Pa e P4s. Schnabel ��anted to l.noti�a holv payment �vould be arranged betiveen Dick's Recycling of Brool;lyn Park and the organization the payment is due to. She tiranted to knoti�r if it ��rould be Dick's Recycling's responsibility to see that the correc� organizatzon is paid or exactly v�ho ��ould receive the money and rrho i�rould aistribute the money. She said that it ��rould have to be clearly understood exactly how the vrhole operation �vould �a�ork, or else it tivould be a big mistake to even get started. Mr. Langenfeld said that she d.id have a good point, but he �vasn't sure how it ��rould be han.dled. 9 �; Mr. Boardman said that the Project Committee ��aas all of a sudden planning �o become an "action" Committee and not a recommending Cor.lmittee. He iFlanted to kno�=� ��rhere the City's responsibility �^rould be if the Center i•ras not properly maintained. He said that since the Project Committee r�as an operation of the City of Fridley, it crould most likely fall on the City to c�o the maintenance. He said that he v�as definitely having problems l�rith the Project Committee bein� the operating comrnittee. Chairperson Harris said that there t��ould have to be a contract dra�,�n betl�reen Dick's Recycling of Brooklyn P ark and the City of Fridley. Mr. Boardinan indicated tha� then the City of Fridley �rould become the "operating" agency for the Center. He pointed out that tne City crauld then be responsible for liability, maintenance� etc. Chairperson H arris said ihat the Collection Center Disposal for the City of Fridley tixrould almost have to contract ti�rith someone for a given period of time to see if it coulcl even be successful in tne City. Mr. Boardman said that the Recycling Projec� Committee ti�anted the opera�ion to be a volunteer situation. I�ir. Boardman felt that it ti�rould have to be set up either totally City (�•�hich he didn't think ti�as feasible) or on a contract situation. P�'!r. Langenfeld suggested that before the Plannin� Commission took any action on the pro�osed Collection Center Disposal for the City of Fridley that a representative from the Project Committee appear before the Commission and ansl��er many of the c�uestions tha.t �•rere being asked. MOTION by P�1s. Schnabel, seconded by Mr. Storla, to continue the discussion of the Recycling Project Committee Re�ort until a mer�ber of the Project Committee i��as present to anstirer questions. Upon a voice vote, all votin� �ye, the motion carried unanimously. ��-:: PLI�TIIZITdG COT�TP�TSST_OTd r�2T.?r�TIT�1G - I�1AY 1 1 8 Pa e 10 9 1 4, REC�?IVE LETTEP. F?�Or•2 CHl�RTER COI�IP�II �STOTI MOTION by T��r. Storla, seconded by T�r. Langenfeld, to receive the letter frpm Charter Cor�mission. Chairperson Harris indicated that if any member of the Planning CommissiQn had any comments on the Charter or the letter from P�Zr. 11sh, they should contact Mr. Ash directly. UPOT�1 A VOICE VOTE, all voting aye, the motion carried unanimously. Chairperson Harris indicatecl that individually the members of the Plannin� Commission could comr�ent on some of the questions that had been raised Y�y the Charter Comr�ission. Hot•rever, A�Ir. Harris did not feeZ it ti�as in the realm of the Planning Cor�mission to make recor�mendations on some of the points. 5& 6 �vere handled earizer in the meeting. 7. RECLIV� APPr �LS CO��•2ISSI02�1 I'�INUTLS: MAY 9> > 978 MOTION by P�Is. Schnabel, seconded by T�ir. Langenfeld, to receive the minutes of the ��ppeals Cornmission meetin� of T�Zay 9, � 97�. Ms. Schnabel eyplained to the Commission r�lernbers the reasoning the Appeals Comznission used to recotnmend denial of the request for a variance of the Fridley City Code io increase the Maximum square footage of a free stand�ng sign per de�Telox�ment from 80 square feet to 344 square feet to allo�r the cons�;ruction of �. second free stanc?ing sign to be used by the Plaza Villa.ge �est�urant that tirould be lacated in the Shoreti�rood Shopping Center. She saia that the prob]_em tvas mainly in the fact that even thouoh t��ro si�ns �.�ere permitted, one per fronta�e, the already existing sign l�ras in excess of the maxitnum square foota�;e that tis�as alloti�red. 111so she said that the Restaurant otfner had been misled by Mr. Saliterman c�hen he told thet7i that the Restaurant could use that pylon to advertise their establishment. UPON �1 VOIC� VOTE, a1l vo�in� Gyer the motion carried unanimously. 8, OTI-IrR BUSIII�:SS MOTION by T�1r. Langenfeld, 5econded by T•Zr. Storla, to receive the list of Citizens l�ho have expressed a desire to serve on Cor�::�issions, Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Lan�enfeld indicat�d that a slide/audio cassette tape presentation re�;arding the "Non-Point Source Pollution Introduction" ti�rould be shot�rn after the adjot�rnr�ent of the Planning Commission meetinr;. IIe said that it t�fa� an informative presentation. .� PLAATNIT�;C CQP�MI,",SION M;; �TIP?G - P�7�Y 1 1� �� Pa e 1 1 � �' J ADJ 0 URr1I�1I�1�1T : MOriIOTi by T�Zr. Langenfeld, seconcled by Mr. Storla, t May 17, 1978, planning Commissian rneeting. Upon a votin� aye, Chairperson I�arris declared the meeting 1 1: 20 P, i�2 . Pespectfully submitted� � 0 MaryLee Carhill Recording Secretary o adjourn the voice vote, aIl adjourned at ��.:u CNERGY PROJECT COt9I�ITTEE 0[= 71iE PLI�(�P� I PiG C0�414I SS I ON PtJRPOSE: The Energy Project Committee is estab1ished for the purpose of providing recornmenda�ions to th� Planning Commission for the �. esiab]ishment; of a C�ty Cnergy Policy for the promotion of energy conservation in the City of Fridley. SCOPE: The Energy Project Committee will evaluate and develop recommendations for City policy development in the following general categories: A. Industrial, Commercial and Local Governmental Conserva�ion B. Residential Conservation C. Transportation D. Regulation E. Financiai Assistance F. Pub1�c Information 'fhese recomumendations shou�d be directed as an action that City government can take to promote activities in the above categories. MEMBERSf�IP: The Energy Project Commit�ee should consist of from 7 to 10 members who are residents of the City, which should have general interest in the above categories. If possible, at least one person from each af the follovring areas: A. Commercial or industrial or business association B. Residential homeovanerlapartment owner C. Transportation related opera�ion/or inter�st D. Government related operation �. Finariciai related business or agency. G. Educational or Public Information Se��vice/ or Interest There sltould be support personnel to the comMittee made up of persons who are professionals in energy conservation or related programs who can serve as ad hoc or/non voting members of the committee. (State Energy Agency, P1innegasco, N.S.P., etc.) CNAIRPERSON: 7he Chairperson of the Project Conmittee shall be a delegated person from the Planning Commission to serve as a liaison of the Commission and to direct the co�nmittee to carry out the purpose and scope as established by the Comniission. The Chairperson shall assure the fulfillment of the follotving responsibilities: � �� 0 y► . . PLl1PlMI�aG COt�t�1ISSI0N EPJERGY PROJECT COf�f•tITTEE page 2 A. Call and pres�ide over meetings of the Committee. a. Appoint a recording secretary for the Committee. C. Act as iiaison to the Planning Commission to report any progress or information to the Commission. LENGTIi OF PROJECT: - The project committee wi17 serve for the term of the project, to run no later than , at vahich time the Committee will present its findings to the Pianning Commission for the development of an Energy Policy. MAY 1978 � 0 9� RECYCLIf�G PROJECT COt4MITTEE RCPORT The Recycling Praject Comrnittee of t;he Environmental Quality Commission proposes that a Collection Center for Recyclables �e established in the City of Fridlcy. The Committee asFs that it be �ocated on City property east of the Columbia Area if it is compatibie with City plans for that area. The Committee offers the follovring reasons for establishing such a center: to to to to to to shov� fellow citizens hoti-r much mdterial we throw away provide a channel whereby thro�-rav�ays can be re-used save our natural resources (especialiy metals and v�ood) save energy (aluminum can be recycled using iess than 5% of the energ;i needed to process aiuminum from ore) reduce the amount dumped into landfills reduce the amount of non-degradable materials dumped into landfil7s (tin cans take about 100 years io br�ak down; aluminum cans take about 400 years to disintegrate; glass does not deteriorate.) to reduce the cost of sol�d waste disposal to make money from recycling useable materials The Committee plans to collect the follovaing: newspapers corrugated paper a1uminum metal cans glass containers leaves (compost) � 4!e suggest that at the outset the Cenier be apen from 10 to 2 P.M. on Saturdays. t�1e plan to invite organizations to staff the Center at these times so that collectibles wi11 be correctly sorted and stacked. We feel tvao persons �vould be adequate for ihis task. The organization manning the center will receive the pay for the materials collected that day. The Recycling Project Committee would be initially responsible for administering the Co7lection Center. We have taked with Dick's Recycling of 8rooklyn F'ark regarding collection and pick-up of materials. Dick ��aiil provide a roll-�ff box and barrels for the papers and cans and bottles. He will picl: up ,and aveigh th* materials and pay the organ�zation tvhich has sorted �Lhem the previous Saturday. Our organizai.ion procedure is based on the Edina Recycling Center which has been open for over seven years and is now earning $200 to �300 a month, over their expenses. It was begun by volunteers because of their concern for dumping useable materials into landfills. These 4 or 5 volunteers scheduled organizations to take their turns manning the center. The organizations would in turn, get the profits for that day. Since the profit is based on the amount of materials collected, the organizatio��s �vould gather all they could and encourage their friends to bring their recyclables. The procedure proved successful because Edina's Recycling Center is no�v mar�ned from 2 to 5 P.P�, every day and 10 to 3 P.M. every Saturday by 2 to 6 employees. The center earns enough to pay their wages and $20Q to $300 per month in addition. The area of Edina's��Recycling Center is about 60 by 15 feet. It is not fenced, It includes t�vo roll-off boxes for newspapers and magazines, one truck for corrugated paper and 2Q cubic-yard bins for bottles and cans. It is not messy even though it is not enclosed by a fence and even though people leave their bags -1- � 9 hd of recyciables for the attendants to sort. bJe are requesting a fenced-in area. 41e believe that a contained area can bc, kept neater than an open area. Hovrever, since the Collection Center will be open only frorn 10 to 2 P.�1. on Saturdays vre are asking that a box measuring 3 to 4 cuf�ic feet be placed outside the fence so that peop1e can bring their re- ciyclat�ies to the area at their convenience. The materials can be sorted by the attendants on Saturday �-rhen they come. Expenses for the Collection Center are minimal, Hoti�rever, some signs are necessary. The follovring are requested: ----, - Neti-tspapers Corrugated Mayazines Bottles Al�minun�� ONLY , Paper Amber .Cl�ar Green Metal Rings Cans Must be .. } G7ass Glass Glass Off Bottles Flattened and a few signs to indicate the location of the center: �--- -�'.�l Collection Collection . Center Center In order to inform citizens of the opening and location of the Center, we wil+l need about 2,000 flyers to be handed out at 1oca1 stores and possibly elementary schools. The cast for th�se v�ould be $23.30 or $14.35 i-F half-size. *Dick �vill guarantee $10 a tan for paper, l�hen the price is higher, he will spl�t the difference with us. �hat is, when the paper company pays $20, he will pay us $10 +�5, or $15 a ton ; or if the company pays $30 a ton, he ��rill pay us �20 a ton. de MAY 1978 -2- Submitted by: Connie �1etcalf, Chairperson Elaine Jensen Virginia Steinmetz Fran Swanson Jane Hayano � �� : CITX OI' FI21 DL1�Y "_ - . ` ,„r , TnP1 1'�1r;1?`('INC - Ml�Y 9, 1�7d Cl N P.,,,+LS C��r-1T", � O J CnT,T, ','� n�?;�T'.R: C,h��ir,�er�.on ;chnabel c��.11ed �;he TZay 9, � 97�,, Appeals Commission meetin� t� order a�; 7:36 I=.I�i. I�r,r, cr�T,r,: 1�Sembers Present: Members A�spnt: Otn�rs I're�ent: Plemel, KemPer, Schnabel, Gabel, Barna None Ron Holden, �uilding Tnspec�or APFROV'� .CPP?: tiLJ CCJT,T•��1'_S�TO�? I�II?';IT�'ES: _�PPIL ?_�"j� 197�'i MOTIO��T by ��ir. Ba_rna, seconded by P�is. Gabcl, to approve the App�als Cot�mission Minutes of April 25, 197u, as l��ri��en� Upon a voice vot�, al1 voting aye, the motion carried unanimously. �. COl?�:'T�1U':�D F??O;:F 1�`ARc.� 1L� 1 �: C�f )t.7 /Y�}`1.,i `� Til � �' • ��-'�I^t;nT-I .)�� ,,1�: , .`a i�) �,�,.?- ;>� ,�; �,.� J_.. .SII� ; `.�f'�?�) .� ;T�,':C�:� � ?:�;�I 1 3 -, TC, U'' T ;.� : �,-; -, , ; -� r �;,,., � -, ,.,•1l _/��,�_, - -� , :�_: ,G,_ 'II� ��1\I�IT�.I � �� +.�.rF�.�.�.r�. �� .�_J /t�7V Ri�;CO �?i)'� u � � �i �� ;; � �^ -- ., � _, . .� , � 1 �� 5.... 52 i �� r u � .;� ��.' ., ,,, L � , -, , � �_.._._._.�_._ �- ' �, ^ ! , '" I'�[� -, - � JiJCT_1 iJ � 1�� _tv � t' l '��'. i _l. � ��_. -1 .J i '.i . \ .L ��r ,!Ir�? -�� BU �Ii ,:; �t;��' "_��L� �� ,'� ri T�j : ' ' � ' ` ^_ � ^ - S� t,_,___� _« l, i_ 7 y i j :-' , i''? ;� �i�L'e)1Ji,,�i ��r .r7<-r�l'v.)�S �.��,11' 7�� i � rnjJ�� J �"/ J l� r' �I i `� r , % L/ � �^. J ;;;,-, -,�, ; � , , }', J O �! �� r, ��5E�.11,:�,r, ;��'� n.-,-,�1C_; `''u J__,__l� !i l�i �'�• '^'7tT(JiT �J� C .,� � � ' ,l� � . `'' ,� � )� ' -, ' % , � r; , ,'?, ; D .�.1.\�,1I �.�.�.s� � �. J..ol � . ( � 1 � ' `, .i�0 � , � '� ?�__�___r�:,'��` � �. �;� � '%.R t : LO -� y�'iJ; - � `�� r �ii. {).' � ��t t'ilri ::` _ 1 , � . ��, _, . �� ri� l�t ` 1 i�l11 .�l I'I� i'� � f;l/� i'T �+ i � l � �'. � � 1 �_i . � � '� �:�....a.. 7T f T T iR..�.I.._.,�-.(V �-.�.�'r T � A. \�.1'�� .. .1.� .L_. J L' ��_ ..� _��n �? � ��; I,:!�� _1 z ��-,�'"��; 2� �t�l i�l �•`'I � �..�.' .._...z......: � , .�, . . , _ �� zz ,�:.'I?L�`I' ��:, :� ��li�I, �Y ii?�I 55��,�?) o P�IOTI�i�! by �ir. K��npz� , seconaed by �'ir. Plerlel, to oben th� Publi� Hea�°ing. 'Jpon a voice vo�;e, all votin� ay�, the �,10�G10T1 carried unanir�ousl,y. Tne Public Kearing tivas opened at 7:3�3 PoM, T ��Lr�T -, -�,711-� _� r� •l�J. F—� _ :s2�,'., e i A. 1'UBLIC FLT;?,pOS'� S��R��ED RY R �'�UIP-, �'•�?�NT: Scction 205�O5�pI{-yi�i�%, requiring a �,�inir��uM of one 13 foot side yarci setUacl� on 1_o�s up to silty (60} feet 1ri;?e l�rithou� attached ga.ra�es. The �ur�ose served is to provide access to the r.ear yard for a }�ossible detacliec� �ara;e a� sc,ne iutur•e dace and for fire fighi;in� access. Section 2_05,053:2,�, requirin� a minin:um lot r:idth ef 50 feet. The puraose ser�ed is to avoi�i the conciition of overcre;:di.i�� ai the residential neiUhborhood, �o avoid e:�cesu bur�en on tr.e etisii�:� �v�ter a11d s��,�ler ser. vices, and to �void reduc�ion ox surroundi�i� property values. , A. . , n�rl;n1.; co1�r�T �sroli 1��;1,7�Tr�ir, _ r�nY i� �� ' 9 p Sec�ion 205.053,1,F�, re�uirin� the area for a lot recorded before Aecember 2�, 1g�5, of 750o square feet. � Thc purpose served is the same a� for Section 205.053,2,B, above. B. �TI�TT�D lI�1PD �HIP: No additional land available. t'�e need more room and don�t care to move; also to improve my home and nei�hborhood and make resale value better. C. AD;•SIT�I �TRI:TT�J:� STI�FF RE',IIr;7: The house is located in a C-z (commercial) zone. The area is przmarily single and cnultiple d:��ellin�s, r�ith same commercial use. A study and possib].e rezoning from C-2 to R-1 ( single f� rnily dti�rellino) is forthcomin�. The use of the house as a dti��ellin� has dictated the use of R-1 zoning reauizements according to the City Zoning Administrator, Dicli Sobiech. The house is a legal non-conformir�� use on a�.0 foot ��ride lot. The lot has �ess than th� 7500 square foot minimum, Several smaller houses in the area are in the same situa.tion. It is doubtful that a drive:vay from the front ti��rould �ie needed, because there is an alley to the rear. The difficulty is the issue of the non-conforming use. To date, no perr�its have been granted to enlarge houses in ihe C-2 zone, It is suggested that tr.e variance items be discussed on their o�,�Tn merits, and passed on as a recammendation to the City Cour�cil, �ino can deal c;rith the non�conformin� use. PZr. �iolden said �hat it rras proceeding through the City Council and the area irould most likely be rezoned to S-1. He said that Ms. Oven's lot t•�ould then be considered R-1, Ms. Gabel indicated �hat the firs� City Council mee�ing had �one ��rE11 for the neighborhood. She said that they had made no chan�es to the submitted documen�. Chairperson Schnabel said that zt could be assur�ed that the area tivould �hen be rezoned and the request could be handled as an R-1 dti�relling . Mr. Holden e�:plained that even thou�h it ��ou1d be consic:ered a " residential d��,•ellin; the area lrould be S-1 and all requests trould have to go to Ci�y Council because the �'ippeals Commission could presently only act on R-1 zoning requests. �``'•: __ A�'Pi; "I, �(;��lP�l:.>'�.TO;I 1-11'1;�1'IT]G - 1�i11Y 9, 1�7�', P�j�'e � �, � Q Cha.:zr��rUon >chnabel efplainecl that; the houUe in aucstion ti�ra� $ feet 9:inche^ frc�m one prop�rty 1.ine and 11 feet 3 inches from the other proper�;� I.ine. �h� �aid that the propoUed adciition ti��ould f'ol:Lo<<r the exi��inE; l�_ne � of �;he house, tllerefore it ti�ould n�t mal;e tlle house closer tc the property lines. Chairnerson Schnabel askec3 T�is. Oven ti��hat she needed the additional livin� area for. Ms. Ovnn said that the addition ti=rould be u�ed to m��e more bedrooms. She said that �he eyistin� houUe only had 1�- bedroo�as. Ms. Ga.bel as�ed the lot covera�e percent;a�e. P�Ir, Iiolden sai� it ti�rould be �.ppro�imately 1`7� o. T�r. Plelnel aUl�ed zf there i•roulcl b� a full basement under the �roposed addition. A�s. Oven said th.a� ihere :;rovld be full basement under the addition. She said that the �resent house also had a fu11. base:�erit. Chairperson Schnabel pointed out that tnere ti�:ould be 13 feet b�t!�reen Ms. Oven's house and the ne�Lt door ne:��hbcr.. She said that any �urden on the e�isting r,ater and se��;er services �.roulc? not a��ly because there cJa� already an exis'Lin� s�;ructure on the propert�T. S�!� said it �houla also be ccnsidere� �ha_t even thou�h �he lot �,�r�:s not 7500 sGUare i:e�t, it had been pluttec� ��rlier as a smailer lot, �Zs, Gabel said -that one of the r�ain eoncerns of the Hyde Park Cor:l:�ittve re� r rd�r ; nome ir.provements a�r��s that �ny outside remodel�.ng be cor�plete:; �n a'cim�elJ bµsis. She asked �•�hat time frame �=is� Oven t�ras consid�ring for �he proposed a�diti�n. Ms. Oven said �hat sne planned ta do the outside finisnin�. She saic� that she t•rould use the s�me siding on the proposed adcition as i;�as on the o�her part �i the house. She said she vlanned to hav, the liou� e addi�ion colr�pleted by tirinter. She said thafi a centr. ac�tor :;ou1d de �;he roo��n� ara such. �he said tr��t il�e only tlzin� she pl�nned to do herself �:oula be the sidind l�ork. Srie said she planned �o li.ve in �he house by C�iri��mas. rir. Kem�er asl��d if ris. Oven t;oul.d uiilize the e�:istir_� h�a�ir:� system. Ms. OZTen said she �ad been told that the existing furnace 1�rould be adequate }o hancile tl�e proposed addition. Tir. Holden as��ed ti��hat his. Oven �rould do if the request r;�s turned dol�m. Ms. OVen said Uhe tivould probzbly have to seek z nec�r d�vellin�. She said that Uhe preferred not to b�c�use she lil�ed ��rhere she live:�e She saa.d she lil.ed the ne7.�;hborliood and the convenieiicc the area offers her. �nl�rnr,� r,�rtr��x.�::TOtr r�rr�c�rr�1 - t�r,� � � �� 9R Mr. Plemcl asl.ed if she had an estimate of ho�� much ihe �ropo�ed additior� i�rauld co�i;, ' P�Is. Oven said it t�roulci probably be be�ti�reen �$9,000 and ��12,000. MOTIOPI by P�Ss� G�.bel� seconded by t�1r. I�emper, to clase the Public Hearin�. U�on a voice vote, all va�in� ayry� the r�otion carried unanir�ou��y. The Public IIearin� tras closed at 8:04 P.M. I�ir. Plernel asl;ed ;��ha� effect a�rantin� of the request ti��ould have on the pendin� la�rsui� re�ardin� �.0 foot lots. P�Is. Gabe1 said that the t��ro z'�qUests l�rere ent;irely diff.erente She said �hat I�s. Oven had an�visting house 1oca�ed on a�0 foo�L lot tha� had been platted and bailt on beiore the current codes �aere �fri�ten. She said that la�,isuit on t�0 foot lotU ��as regarain� ne��; conNtruction on �.0 foot lots that rrere purchased after �he current codes �vere z��ritten and -Lhere ��as no e� isting structure on the lo �s. t7r. Ho? den said that the questi.on that ha.d to be considered l��as tiTrhether ir.•ipravernents should be a_pproved on houses -that rrere 35+ years old� �Ie poi.n�.ed ou� that the codes currently read that if the value of the addi�ion exce�ds 50/ of the value oi �he s�ruc�ure� the entire structure .�rould have to be brought up to code. Chairbersan Schnabel asked ?vho ztould determine if the e�:isting structure ti�ras up to code or not. tir. Ho�den said �hat at �lze tii:�e �he Building Permit �ra� issued someone ti�rould go ou� to �he house and aetermine �•rizat <<rould huve to be done to br� n� the entire struci:ure up to code. He e��plair.ed tnat any �mprov�r�ents th�t �:rould have to be �ade to the el.istin� �tructure t�ould have to be compl�ted in ihe same ti�e frar,ie as the time lim�.ts on the Buildino Permi-t. l�is. Oven said thai the house had been approved by I�� ttiro years a�0e rsr. Iiolc',en said that most likely the existing structure ��;as already up �o coc�e, He said �ha� �;he I�'H� had sirict req_uirei:�ents. Tir. P1eme1 said that there 1�ere no objec�ions from an,y nei�hbars. He said tha� r1s. Ov�n seemed arrare of the cost znvolved, He felt she tiould be be�;ter-off buyinU a bi�ger house rather than pui:tin� that �uch money into the existin� one; hotirever, he s�id i� siie cvanted to inves� the money� he didn't 'riave any objec�ions. +1 , a l\P]'i;t!��„� �,Q�ii•11 � �InIt i�i�`;TI1: �- 1•1I�'I 1 �i P<��'c; Cha�_rper�on achnabel �a:id �hat if I-Zs. Oven e�anteci i;o m��e the it�ve �tr�cni;, anJ. �incc i1; ti�ra� her house' Uhe also had no objections. tfr. Parna pointed out `nat the acldition �:rould add to the value of �Lhe hou�c. IIe fel� t;ha� sh� ti�rould definitel;� profii: from the adr.�ition bec�u,e of the rapid nace the value� of houseU ti�ras risin�. 1•ir. Y.eMper x�ointed out th�t if I�Zs. Oven had r�ecided to tear do�•m the eziv �in� ;truc ��zre and buz�.d a neti•n c�uUe on thut lot, ihe 1�pPeals Car�niUU2on :•rould r�o�t li�,ely cleny the rerucUt. Iioi•r�ver, he stzll quectioned l:�hether the addition to tlie hcu._�e on a 1�0 foot lot stiould be allo;•�ed. t�is. Gabel �a.id -tnat the p�_rticula.r nei�h�orhood �rovided much lo:�r-inco:��e hcu�in�. She said she rr�uld l:�L-�� to ,`.`>�'P that area up-�ra�'e::e I'�iC)TTO�; by Iir. �arna� secondeci by �Zr. Ple:��1, that �he yp�ea.ls Comr�issicn reco:-ar;�nc7 a?��rotTal of the reque�� 'or va.riances of ti�� Fridley City Cod� as �'ollo:•�s: Sectiorl 205.Oj3,1��L,2, to rec:uce �he re�uired si J e J�.rd ue �bac.� �ror,1 13 f. eet to 8. `7 � eet; and Seci;ion 205.05�,2,3, �o rec�uc� thE r��nir,lui� lot ,,17 �t1� froY�� 50 feet to 1�.0 feei;; ana Sec �ion 205.053, 1,L, to re�uce �h� lo � area reouirea fcr. a�ot rec�rc��n before liecer�Uer 29, � 955 iro,n 750G s�uare feet �o 521 � Uauare =°eet; to a� yo:°� a ZO foot by 20 fco � aduz �icr. to an existin� le�;a? n��n-c�nfo�r.�i_n� r�siden�ial s�.ruc�ure in C-2 zonin� (Gene� al �u�in�ss a��e��) ,� ocated on Lot 2i , Bloc�, z2, Hyde Parks ' the s�,:�V be�.r�g 5321 2� Street ?�;,� .�iridley, I�ii�i. UI'G�� t1 jTOTC�; VO`l��s r�1r. Ple:�el� 1�1s. Schnabel.� P��is. Gabel, and }•�r. Barna t� o�;� ng ay�; i�ro Kemti,er voi:ing r:ay; the Ti10i.1021 carriedo 2• R�C`U' �� T';�0?? +� '.�;I "�TC,: S C�___-;__.^T�'; L� RT i��',�;;� rZ�-� r�!; ;-' �'_S l?OT�?�C,..'", S�lrt i -\`� 'l . (1'�{,� - _��"� (".l T -�/v'�� ^I' ��1; T. nZT �T�. , \ . ,'l 1 �l . � � ��:��. �. i �. • �. i.i l' e �w [_ v � l�:lii1_�.i.� �� :.LT ..i 1.�...:.._.....�:'_11T:'.11i . �.:T7_�.'i 1� .�� .. i •;i �� ^ F��' � �--S�-e:-�.._.� � � . . ��:_� 11, '\1. �� ti) � f 1��' r�:�`�llll�l"i L!T 1� �:��:� C."l J �,�: ? i.�.!��y �_ L��.�iV- S(�1Tf,,.� ,; '-�, '-;,�;�C'', r"1` �.. �,T-" ,-., j-, , -� ..� . .,;t;'l_. \-; '��,'` . l,, - T� U i1F _ ..� � _ �-..-�..1 J .L .l1 � r.. 1 � ' al. �.7 �� . ' U ril i�.� .�� -�.i�.-�.:.��.�._.. � .� .� I � ;. � C. V 7 �r �J� _.., Tl' li"1�i��j!' ��.�';' �, .( c %vi- I ii �� ,�' �.-,'r Y:' n.ili) �f-15T " �-.`` i. �.' " ' � � �i.L.'Ut n� � i/ i \�._.� ll I)�i:_. ,,' � ' . � :'`... L �" ' �-1\- f��liii �i',1�1:i.��1 Jll/ .j 1�. . f^�. l.'� _�, !1� �,�1 ��•�i�\ � _�.i�_1 L�.`��Jr�.il�T:ir�,l.11..'i �- � _ Si�.� l..°`.�, ?� i�'.' . � jl r� -�� l �J.� � 1 J1T ..��,� �} �) � � ��.� � . � l,�.i. ' � � (� i� i r `)1 ) } i1. ��T�.i.��`4 . 1'�1�� C�:�� . � �!1 . �_l � Z !.' -. �.� � i�l �,i. ��il`.� til'��..'i 't, �v- - '.i�l f_��li �L�?�..i:! iil �� Ia� li T.r ��j r` r " , ,:,`�l li `�� t :i ._. ' - 7 7 ti .�171 i.. � " .�'., � !'.' ti tuil l!_'iJ�l.� :�1 i � i: .y. .. ? ..7�-i w,� ��. � �.Ii.� C �i�,,i� 1,:��._��_,u � l�C,: ,i)�U I�T SIG.�' CQ%IP�i1�TY, �i 2 �;7I�S�' I,?lI:� SlP �_'�`I`� ;•;Tl�;i`�P.1I?n��TS � :-1ii�;;�ri�,�C'y':1 5540�) ( R::PR�SEP�'TI:`:G PLAL�� LTILLt,Gi� ��ST ,t�i1t1 ;1 �2 GTi" � ;r` � ; ;) , 59 xl ��.t� ' 6, r I�-102'IOi; by �Tr. p7 emel, seconc�ed by tir. Keraper, to op�r. �11e PuLI� c F�arin�. Upon � �7�ice vo�;e, �zl� votin� aye, t;he r.io.:i.on carrir.� unznin:oa.:,ly. The Pub7 ic tIe� rin�; t: zs opened �t u;1�0 P.M� � S tu:'1'1:�f11.n� �.tJl•�r1J.��.�1.111V I'U',1','1'1.1'!l� — 1''Il1Y ` I ` (} - - • "' j-�� f? (j ADP-tIP�ISTRATTVE STAFF REPORT 6359 High��ay Ifb5 N.E. � (in Shoreti•rood Shoppiny Center,6225 Highway �1G5 N.E.) A. PU6LIC PURPOSE SERVED 6Y REQUIREhtEh�T: Section 214.046, B,2, limiting square footage for free standing signs to an EO square foot maximum per development. Public purpose served is to control visual pollution and excessive use of signs in a commercia1 area. Section 214.046, B, 4& 5, requiring a minir�um setback of a sign from the property line or drive►�ray o� 10 feet. Public purpose served is to con�rol visual pol�uation and protect the safefiy of pedestrians and motorists in cor�r�ercial areas. B. STA7ED I�ARpSHIP: Request to instai1 a new sign on the exisiing base posis thai �vere used by King Chalet io support a free standing sign. The new sign is 87.5 square feet per drawings. 0 C. ADMI«ISiRATIVE STAFF REPORT: Staff feels that this is not the best location far a pylon sign. As per the new sign ordinance, tl�e City Planner has requested that ��he owner, h1r. �tax Saliterman, submit an overall comprehensive sign plan for all of Shore��ood Plaza. l�;e have not received any plans to date. It �s very difficult to evaluate �he impact of tl�is sign, �ts location, �ts ef�Fect on traffic safety, and aesthetic appearance, withoui kna��ring how �t tivi71 fit into an overa77 pattern for the future. In the past, sign locations, sizes and appearance have not been planned or correlated very tvell. Our hon�st opinion is that the present signing for the center is not as atLractive as it could be. The sign iocation, as can be seen from the pictures, is on the north�•�est corner of Country Club Ptarket. It is set back zero (0) feet from the praperty line and from the driveway. �' T 11PPT�^:1.,.'> �()�it'(I ;'�TC)t1 1�f�;r��TIT1C� - r�n`I 9, ��.��'� P�j�Le 7 ,'3 � � � Mr. Lerber�; :�aid ih�_t they ��ranted 1;o adr� an B4 sauare foot si�n to the e•r.�.sti.nt� �tructures �.ocated ne•r.t to the Country C1ub marl,et. He �.�.icl that the total �i�n, inc:ludin�; ihe pylon :��oulc� be &'T.5 square feet. I�Ir. .Y.er�per �asked ti�rha.t ��as planned to be done �r�ith the eYistin� pylons. Air. Lerber� said that they ti��ould repaint the pylon and the frame- ti��ork of the si;ns ti��ould be rou;h sar�n cedar. fie sho��red the Commission a_n examnle of �vhai �;he nropoved si�n�.�e �:�ould appear like. Mr. Fiol�en exnlained that one free-stand:in� si�n ti��as allol:ted per frontage. He saici tha.� one of the fronta.me� :�;as on fIi�nrray ;�55 anri �r� c1;h�r on Rice Cr_ ee'. P,oud.. �I� said f;hat thc es�;a�li ;h��ent 1•raU, tnere� ore, al�o��!ed t;�;o fre�e stanc'�ir.� Ci�;ns. �Ie said. thut the si�ns did not ha.ve t� be local;ed on the fronta_ ;e. He saic� the code only read. that the estauliUhmert r,ould Ue allo•::eci a tot�.l siona�;e of 80 square feet. �� said tha} the area �f the si�ns could be �distributed'r however the developer. desired. ;-�e s�.id they cou:�� have ��o siUns, 40 feet each or one si� : 60 feet ar.d anather 20 fee � or ��rhatever they ��anted. I�Is. Gabel said �h��t iz :�ras not the intent of the Si�:� Co��. She Said �tha�i, i�; :•��,sn' � i�2ant to mean that �he 80 feet could be d�.T,rideda A�r. Holden rea.d the poition of the Sion Coc:e under di�cussi�n. It rras c'<eci^e� tha_t the c�evelo��t�ent could have tt°ro free-stan�in� si�ns t�rith -�he to�a.7 squa� e ioot��e of F30 sauare fee� e Chair�erson Schn�bel l�ranted to knoti�r the value of a pylon. ?�Zr. I,erber� said thGt �he t�ylon under ques�;icn i•ra.s a.�prox�.r�ate? y �1 ,600c IIe s�id tha�. !�ras one of the i easons �;hey ��rant�d to use tne eYistinz pylon. ?Ie s�id tha� they rrould desi�r. a si�n tk�� :�rould ?.00?� nice and tha� �;�oLjld follo�r throu�;'t1 1•ri�th the front of the proposed bui�c�zn;. Mr. Kemper said th«t the Si;n Cocie indicated �hat tl�e development coutd have �i�ro fr�e s�anciin� si�ns because iL has ��o fronta�ES; hoi:ever it also indica�:es that �;he total couZd not be more th��n 80 square feet. �Sr. ?3arna pointed out that the Appeal.s Com:�ission �•ras deal.in� ti:i�:l a Sign Cor.:pany �,•rho ti�:as d��lin� 1:�ith a res�aurant, �•;ho �;�s a rer.ter frc� somebod,y r,ho o;;�ns a shoppin� Cellt�r �vhich �;ras already iri excess of tr�e existin� sz�n code. �Ie sazd that the App�als Commission <<ras deali:�� ' s��ith the �vrong �eople. � APPT;P,L" C,�I�l1�1I �"IOT? 1-1F^TIiIG _ t�[11Y 9, 1978 ` Pa�;e 8 � V Mr. iIolc�en saic� that an overall U�.l;n plan for the Shoppin�; P1aza had been reaues�ed� He �aid that �;he City �f;aff h�.d not rece�_ved the plan as ye�;. IIe said it did mal,e i� di.ff'icult to evaluate the proposed si�n in li�ht of the overa�l development. Mr. Yemper a�;ked hovr soon the restaurant planned to be in opera�ion. Mr. Lerber� said that �hey hoped to be in opera�ion in 60-90 days. He said that t�1r. aaliterman ��ra.s in the process of submitting an overall coMprehensive si�n plan ior al1 of ahoretivood Plaza. A�r. Plemel asked tirhat P�Zr. Lerberg planned for the front of his buildin�. P�Ir. Lerber� sho:�red the Commission a plan of �-�hat he proposed for the front of the buildin�;. Chairperson Schnabel asked if the future si�n t��ould be placed in the same location as the previous sign (on the front of the building) or �•roul� the sign be p�aced on the xoof. P�r. Lerberg said that it ti��ouldn�t be placed on top of ihe roof. Chairperson Schnabel said �hat if rir. Saliterr�an l=�as pl�znin� an overall comprehe�lsive si�n �lan for the Shore,�tc�cd Plaza, she ;��anted •to be �ble to see ihat plan 'oefore decidin� on the reques�, i�ise GGbeI a�reed that the Commission :srould need to reviel;� the proposed p1.an for the Shoppir�g Plaza before decidin� on any ne,� signage r•ir. hemper said that he rrould also like to be a�le to revierr the total si ;nage .f.or the Shop�ing Plaza. IIe said �hat there ��rasn't enou�h i�forma�ion Lo ma:��e a judg��ent on the �aar�.ance rec�uests. Mr. Lerbero said that the reauests they �rere m��in� �Tas for the square foota�e of pylon si.�ns be increased and the agproval of a variance fror� the setUacl�. requirements. I�e said tha� they cou�d insist -thut P�ir. Saliterm�n submit the rec�uired overall plan. HotTrever, he didn't feel tha} �:lie co;�prehensive plan had �nSTthin� ta do erith the pylon signs, ChuZrperson Schnauel e,.blained that there r;as already one sign in etiistence in ihe Shor'e�:ood Sh�pping Pla�a that rras in excess of the Si�n Codeo She sazd �hat at some p�int zn �tiMe the sec�nd sign had been permitted to be put up. Hor�ever, she said that ai a�ater date Zt ��ras deci�ed that ti�e second sign �vas a mistalce and it had been requested that the second sign be removed. �. . APPl�;.t�T•,", r�1�I �1�;; �T�?�] 1�1,';TII�11 - 1�I11Y - 1�) P, P�� .... Ch�:i.r�cr�on �:hnabcl �aid th��t the �econd p,ylon „i�;n had a�ti�tay� occn a prob�.crn ir� the arev.. �he ��:id it had not been licpt in �;ooci repair. Nhe s.aic� 1;h�.�; t;17e GornMi ��ion' ; concern �;iaU e,hether a�ccond free st�nd:in� ��;n �.hould t;ven be located at t;hat point. �� Q U� t��r. LerUerU u�ic� that i;hey had be�n tolcl that; the,y could use the e�:istin�; pylon sz�ns ��hen t;heir lease ��a� discu�sed ti�i�;h I-1r. Saliterraan. r�Ir. T3arna sa.i� that sor�eone should mention �;hat t�1r. Saliterman should subr�:i� a cor.��rehcn.�iv� ;�i�n p� an �or al� �i�ns in the entire Shore��rood ahoppzn� Plaz� -- includin; all pylon s�_�ns. Chair?�er �on Scrn�,bti�1 sazc� tha_t I�r. Sa.literM�n ��a.0 r�ost likely �t•�are of th�.i; rer.,_uirer�:ent. She sU.icl that he ha.s h�..cl pr.evious ccnversations !:iith t:r. Boardr�an and 'ne had been told of �Lhe recruir^M:'Il�. I�;OTIG,i b;� I-ir. I'emper, seconc�ec?. 'cy i�4 �. G�bel, ta close the Pu'alic Iiea..r. in�a U�an a voic� vote, all vo �ing aye, ihc r.10 �i�� n carriea unanimously, T?�.e Public Hearino ti;as closecl a� 9:28 P.l�i. I�1r. Iter�per sa.id that there a��eareci �o b� a united feeling that the Corlr�ission did no �!�rant to act on the r•eouests un �il the en�ire sign plan for �;he �ha�:•rood Shopping Plaza ��ras subr�itted to the Ci �y �Iall. 3�U`I'IOId by r:Iso Gr,.be�-5 s�conded bSr ��1r. Pler.:e1., to recor��nd. d�nial of tl�e request for v�r�� r�ces Uf �che I�'rzdle� C�_ty CO:�° as foliorrs: Section 211{.001��,�,�, ;,o �.ncre :se the r.�axir�ur,: squ�• e io��;a�e oi a frne Stc�..I1CjlI1� :�1��1 p�'Y' �'l�t�E'ZOl�ri1�22� 1 r'C,:'1 �'L7 SOLU�??�� C° i, tC j1��{- SCL: 1 C' feet (exisiin� siu� 2�6 sr,uare z�etj ; and Section 205,�?45,�,4T5, to reciuce tne r:liniriu^� Uetb�c�� of a si�n fror.•: the property lir�e frc1:1 �ize reauired i0 feet t� 0 ieet, i;o a1� o�i the construc�ion os � second free s�andin� si�n on Lots i� �.?�ca i'�, l�uditor's Subct�vision �?o, o�, the samV bein� the Shoret:rood Sh��p:�in� Ceniez^ �oca�ed �t 6225 I�i�h;�:a� ;; 65 ly�, Fridley, P�;innesata for tl.E follol;ing reaso?zs; 1) A lack of inforr,iation; includin� an overall plan far signage tliat l�ad been requested by Sta�f. 2) EYCessive snuare foota�;e of the ehi�tina si�n. 3) There had been a prior reauest th�t �.:ie sign be removeciQ �-) There t;as a�r� ffic safety factor result� n� irom the pylons bein� loc� te�� irectl.y nelt �o a�rzverray. 5) IlavinF: tl�ro p,ylon si�ns for a shoppin� center may not be desirable. UFON A VOICI� VOTL� all votin� aye, the Mo�ion carried unani;,�ously. f' , �1T'P1;AL'; C�l�st�T;;�T011 11n'.�,T7ItG - 11/!Y 1 � Pa e 10 � X Mr. I�crbert; ��id that; they ��rere no� reaueU�.in�; to havE an addit:ional pylon ;i�;n. IIe aaid tha� �he shopp:�n�; cen�cer ti�i�-�s a.]_1oti•�ecl to huve t��io free �tanciin�, :i,;n� �nJ. thc� ti�;ere only reque.�tin� to be able to utilize that �econd permit�ed si�n. 1�Ir. I�e�per said tha.t th� Cor�m� �sion r�a �:�uestionin; �he des� r�bility of havin� t;•io free �tanclin� Ui�n� located in the �hoppin� center. Chair. per:�on �chnabel e::plained that even thou�;h they t�ere recor�:�ending denial of the reouesis, the City Council could override the recomr�cnc�atzon and appro��e the reou�st�. She saici that the� cauZd also sustain the Appeals CoMmis�ion'� motion to deny. � Chairt�erson Scl.na.bel said tha.t the main concern ,�ra_s if it t�as actually nece�sary to ha.ve a second pylon si;n for the Center in vye�:r of the fact that the e..istin�, si�n ��;as in efcessive of th� total sauare foota�e allo�ted by �he Code. 3. r�"�U�sT ro,� �r ^ nI ,•_;,�c- ��'7 �.f ,i1Ti.". r�, ---i -� �r;�-� � TO GT�L;)'.'� � `l.`_�; � �' ; C�� -� r�- � , 2� 1�:'�I�'T�: _ '' '. � ?�iIi�i�'��,SO`:,,'�.. � P,i�;��U�S'I' :3Y I�L�':;t D. , o� � �c^To�� 05.o53s �,_' `� ;') -; J; 'Tn~.r ,.'.��) :�� -S;,y� , ,. ; r-:� 1� „-•� , T n ,� . ii ,nI J G �._�-=�::� r; r - �' ' ( ; ; , � �, " '.��.��._ �.�i:� .�.�_._ _ ..,1�.� lc(G 7; �.�R1��s, � 670 75tn t?v��U�� ''<?I �L; �Y C I 1 � � � -i ('+ �. � � \i -j (l .�; , ._� � � l� . � , i � m t�'� C ;.;.�„ �n �� ;� �- ,, � v 9 F�1�L;;i�, I�II�t 5;432) . MOTIO'i�1 by ��Is. Gabz? , seconae by P�Ix�o I3arna, t o�en �he Public Hear � n�, Upon a voice vote, al1 votin� Te, �he r�otio� carriec. un�ni�nously. The Public l3e�rin� l'12�5 opened at 9: t; �',I�i. � A. ��;�'I I1�T 1 S�i�1�� _C P�T1?POS � S-'??`TTD B�r' R�;�UTT';';_:i�;,i� \ � R^PORT Secticn 205.05>,4�'1, re7uir' g a minir.:uz. front yard 35 feet in res�cential are s. setUacli of Public purbose served b this reauir�ment iU a11o�•t for off street p� rl.in� �•;ithou encroachiii� on the pub�? i rz�ht of i•�ay and for aestl�e�ic c�nsi ?-ra�i.on to reduc� the "builc.i� line of si�ht" encr�ach:�e ' into the n�ighbor's front yard� B; ST �TED IT �n?�SI:Ip': �'lant to ��d��/�ore lengih to the old g�ra�e for more stora�e space. There is a p�tio in bUcl� of the old gara�e t�ie ti�ant to l�eep. By COT;11X1�'', out the three feet, I can move the �able �o the front, mal�in� it loak r�ore like a house than a r�achine shed, �l SANDY OVEN � �/� `�,. 5821 21Z Street NE C�� N�O.7 E� �� ' S C. 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X .. . ._AY_ /.J�._./ y : .i_•� e .. . . . � '��T :•• � . .. _ .: . . .: ' ' .f : � ' ' ! ! r � . . �- • . , � , _ , , , , , ' _ " , 0 2 (fi. , ' �Q�- �.1 . . _ .. _ _ � • � ; . , � ._ ..,. . .. � _ _ : • .a 3 Q , , .._- ! a ,_ _ ,Fy � J --�� .. •� � �P .3 - - -- - _ '-' . ? _ . . . . .. 2 s . - f P ^'. �� '! � r�1 ` ` l' 1 wiif c SEC AVE. N.E. ��,.�.-��y �� ,��r� ,-��j . -'��. �.. � .� �j4i � ,. e.�, - ~ .��, PLACE �:.�'� ' . .� � � ! r `- ' `l ��•pT..i yV : �� r a2•� ��<!s; v �. . . � �s . :. .i�.:i �vd � � . ,. i � � ,� . i _ ST TH AVENUE- N.E. ,...•:.:+ � (�1�-1 f �(--1 �li—`—t � �f "dninO`i��e 5lf!±/fH � � ;; � UNUR��N I�f.37� N�yh�av No 6S `�E. ^-�+ � � a C� ��NbiN�HR/Na _ ___.-_. y�..__ —__ -- �__..�--- I �A.n.r•��_ hbnn:u�•!•4:`s. • � J� �_.-_�� . . ...%.0 =1NC = ' ^ .� _ I . .+._._...�-. .. .�.—__.. i� iouth f)I�,ce $idJ+n{0. .. � 4` t tOt Cf,tt Ro«I � ��;'' ,��2� t �� J � .11.n.aipil F;nnn�•r�n� � .tiod Tn��nR � l.ond ��srt�t}�n� � (.and !'a�wn� . (�� j • (� Hw�tv�ll+. M�nne•nta 55331 �� - .Certi�icate of Surv�y �mr `�A�s�Y ��/�:-^J � , � l� �. � i\ J 1'_'" LJ� ,� �� 0 Q � �.� ' s� i� �tZ� ��►r... � - 33 L — 3 �.� � , c,,�,� �o-b} -�- � 3 .� . � �, --- � ;�- X x-� � - x -- - � ��,�a�¢, t's,�c.c , Z8 ,,�,��,l.- '', "a - , ►,��0 9Q� ; t- 57ar2Y � .\`� ; � o�,y ' F+ZA�wo � Z y� � . • , �'� rsj2� ,kN a� �_� ' r' ,21r «'� - .r � «t �. � _� J =1 1 ( :i•9 - . ! „ _. v .-� v ---- x ---�\�c" x � �'�, �� F �,� ��1 i)�� '1 . � �� ii � �� Y�.� o ^ � ^ '" � --- � 7 G.• �'t- � --" �,lr � � 4 cyc.�oi:e .�:.nca t �r�2-��!�ar) �.�'� �? � 1'' %, , ' � - O - '/�:�';i�l,t�'= ��✓�: r -; � l', � %`',� L � �- , , � j t � v i� � " , � lr �`� - % � ��, �'�f ff �� . i� r(. �� ' �' � f;�' --�,,�� f � �i', . �� '`j �� ' �� -r f ��y %/ t � 1:;.. ,_:t:: 'i'� CK1GL;=,Y . Qt7RRD .i-r r�+;�=�'ER[.S �/1,1-"i i � i � i�° f �� ' v�< � - — l49L�Tlr'dG DATE � !g � � . ------� �.c� ; `�. � � . 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As survsr�d br m• fhis -_� dor of ,�'r '%_ a.0. i9y� � SUAUR3AN fPdGlNEER1NG, INC. • . –� • _^._,_.__ [npin��rs Surv�ror• . , _ �'� �,. r bY J ' ; .r� . . � . , � . . � ' ��.„... .. . � . � _. �., . . _ , . , �, �: - ) , g q� r. . . �.. � .. . ; ...�::__.._.�.�. _., � ..,..,�,..R..�...�...•�« ro•..�..,.,.,, ,.,.,.�.»,.---.R�t�,n-^-�-C-Q-, .-.,_-,.�:=r` : -.c-c_.�,-z -- �,-..�-•x�.,�.,�.�,.N. a.q �. t-�. .,J_-ti,.»......�,...�..-,-. / ,. , . � � , `, � \ �1. 1..«r._............__..�....._..,.....N_.....�...,�_,_,�.:._...___..:.:,,._�_._ ._...._ . -----__�.__......-,a.� i ` � , /, ...�. .. ./ �. � .-..- r,/... , . ..,.�-�.-+---....-.► .. � » \ i � ...-.. . � / , '/ -7 ( �..�.-. \ � � `��,:,,r�� ! /� .� , ,/�.i.. ,'� '��/ 1, \\ �: �\ '� !�. �p / t � :'-i � / / J �� / � : �� /J ' J / .� '� � f � �� "'i� �� l i / JI!. � \ � � � . ,� \ .- �---- - -, i \ � ; , ,� �_ �'� � � �� ' �� j . 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M�PfBEP.S PP.I:S�i1T: Luward I,aspszak, Har.o].d �elgurn, Larry Chevalier, Burt tdeaver and Caxolynn B7.anding riEi�i�ERS AI3Sr?•.T : tlone OrHERS PR�SFtIT: Clyde Pioravetz, �lake Balzart, Anne Davis, a�zd Gre� Cerard Mr. I�.aspszak asked if there �.�er.e any changes or addiL-ions to the minutes of the last meeting, April 20, 1978. 24otion by ris. Blanding, seconded by :1r. Belgum, that the April 2U, 1978 mi.nutes be arproved. Upon a voice voLe, all voting aye, the motion carried unaniinously. I. OLD BUSI�dESS: A. Revie��r and malce budget request for 1979. rir. ?ioravetz passed out some a.dditional infor�ation to be added to the package already received by the rne_mber.s. T_he new sheet slioias that $6,801 ��as approPriated in 1978 and as of April 30th, $1,542 had Ueen expended. Pir. Kaspszak stated the bud;et for 1978 shok7s $6,601 not $6,8QZ. ITr. Moravetz stated it should zead $6,801. lir. I:aspszalc asked if r1r. Hedin had submitted all of his statemerts. rir. ;Soravetz sta.Ced as far as he lcnew this should be the final billing from rir. Hedin for tl�e vear. He statc.d that rir. l�e.lgum might no�,� r.eport. on his �indin�s of other bud�ets from other cities. t1r. }3elgum stated he did not get to that yet. rir. *ioravetz asked Pis. Davis if she kne�v �hat other budets were. i�is. Davis stated she did not know of the amounts. P4r. 2:asps•r.ak stated he thaufilit the Commission shou2d be lool:ing at how it �aants Co function, t�'itlt th�� new meuiUcrs ttiere m3y be sotne ne<<► idc��s . 10 A �as�e 2 c��TV corT��rssTC�?r r�rrr;T7r:c r�nv 18, 1978 ��Sr. Kaspszak surj;ested tl�at Mr. ;4or_avetz srar_t aL- C}xe top of. tile buclgct sheet and explai.n �ahat �;oes into cach se�mcnt ac�c� a5 we go aZonf; ttie new meu�bers couZd include any su�;�;estions which could reflect Uudbet chan�es. 2ir. Chevalier asked I�r. i•ioravetz to bring us up to date on when the budget 2ias to be in. ?•Sr. Moravetz stated the Council would like to review the budgets earlier every year. The ordinance siates July 15th. I£ at all possible he would lilce to get the Commission's final request for 1979 at toniFht's meeting. lie stated bef:ore explaining t�Jhat has been e-r.pended he �aould like to review the su�rnary sheet on otEier Commissions. Various other commissions are apprapriated between $I,Q�O and $2,000 for the year. Cable TV is considerably more, The other coru�issions are part o� the Planning Camniission �ahile Cable T`J is not. i�e stated the Conunission should stay quite close to what the Cor�mission needs are and ��hat �rojections would he for 1979. Keeping inta account wou�.d be bicyclinb various public access, local origination tapes. This could be under comanunications �art of the budget. We should start at the top and go dcwn.the list. �ir. I:aspszalc stated the role of the Commisszen l�as changed. He stated the csorlcshop looks like it might talce a yea.r or so to grow. • Mr. :ioravetz stated what the �aorkshop will be doing is ta do some taping and vic��in�s. Iie stated he disagrees with the idea that the �aorlcsho� is going to take over the Coinr.�ission`s responsibilities. It is a separ.ate entit}�Caith simi_lar objectives. The Commission is an advisory grot:p to tl�e Council. If tlie wor�shop G78I1tS some ideas given to tlie Council we have asked them to have the Commission review them first and then we �rill submit them to the Council. Mr. 33elgum asked if the �aorkshop had an}�thing to do tti�ith Anolca County. Mr. :Ioravetz stated it did not. Mr. fielgum statad that he t�as dissatisfied c,=ith the workshop in st�rta�ng activiL-ies. Mr. i�ioravetz stated it has just recently beconte more active. P1r. t�?ea��er stated his concern for tl�e �oorkshop and five minute viewings. This would be in regards to censorship, etc. Mr. Balzart stated that FCC re�ulations will apply to all �3j�1R�,'S. rtr. l:asnszak stated tliat the FCC rules are along the lines of the first amendment of tl:e Constitution. Thcre are r.estrictions by law. One of the gui.delines Cable TV operates on is under the access rules if a private citizen lias a gripe ab'otit anvtliins tlien he has the ri�lit to request five niinut.es from CaBle TV and the�� have to �;rant it. 10 � '1 pasre 3 CATV CO'•1"iTSST_0?I 1�iI:T:TIP7� _ M/1Y__] 8, 7_978 iir_. Weaver stated he felt the five minute viewin�s woulcI bring in a lot of trivia. 24r. Bel�um asked the Chairperson to ask Mr. Gerard if the staL-ion was ever going to put in some money for professional direction of the public access programming. Mr. I'.aspszak as'Ked Pir. G�r.ard what his t�1qll�I1�S were. 2�tr. Gizard stated tl�at in the Past they have spent outstanding amounts of money on this but he does not know what will happen in the future. �•Ie tried public access and it didn't work. We had less than 1% viewin�. iir. Z��eaver asked 2•ir. Gerard if th�y had left i_t then. Mr. Gerar_d stated they encouraged the workshop to taPe the School .ZBoard debate and th`y said they tivould do that. [de allo�aed them �fou•r hours for two nights and they never showed up. They indicated. there was a lack of interest or scheduling time. I�fr. Weaver aslced Mr. Gerard if they felt from the station stand- point that they had made an offer and noUody took it. Mr. G�rard stated yes. Mr. Balzart stated that he understood a high school student could not make it that night and therefore it was not �aPed. Mr. t�Jeaver asked if the �vorkshop was geared to perfarming arts or education or what. i�1r. Aioravetz stated a combinatzon of those thin€s but specifically just training hands-on technology. Mr. ��'eaver asked if the �,�orkshop could go out and tape. :�ir. Pioravetz stated yes, that was one of the objectives. rir, i,Teaver asked �,liat sort of a schedule has the caorlcs�iop laicl out to meet tlieir objectives. 0 i�ir. PSoravetz stated they would like to have some additional P1zticipation. There were only four people at the last meeting. He stated ttiey would Iike to get some civic organizations interested. Mr. tdeaver stated it seems like �ve have a Catch 22 here. Until a program is put tofiether tliere will be no interest. [dould it be possible to drive tilat group into putting to�ether a lesson �lan and slzow ttie potential of w}iat tiiis would yield. If the people could see where they were going there will be an interest. P��;r_ 4 Cl�TV C�;�'9T`�S70;1 :�i1;I:T7.1C 1�i/�Y 18. J 97f3 ;1r. Y,�;;p,z�-zk stated tliat maybe the Comniission meinbers shoul.d �et involved in viewings like the 5chool Board deLates. If we would have hacl a porta-;�acl: maybe we coul.cl have tapc�d them. t-1e should keep thi.s in mind. Do we want to �et involved in pro�;ratmninp, or r.e�nain as an advisory group. Do we want to wait for the worlc,hop or_ do our own thing. 6lhat will be the reaction of the Council for buyin� equip- ment. ��Ir. ChevaZier stated he felt that maybe the people on the worlcshop did not respond to the School ?�oard taping because of tlieir age. He stated he feZt that getting invc�lved in prograin�nin� might be too mucli work. He would rather stay in an advisory capacity. ITs. �landing stated she ��ould not want to get involved in taPing but stay as an advisor. ?�Ir, �erard stated Iie would like to nake a cor,u:ient that maybe the Cor�mission should not be so concerned with public access but to get into other things such as emer�ency �varnings and transportation. I�Ir, i�foravetz stated that in the bylat�s af the Commission t��e are_ anly an advisory board to the Council but we are here to specifically promote pub lic access in tha community. ' �ir. ideaver stated. that warnzngs and road conditions are aired on radio and TV quite t•rell. iir. 2•ioravetz stated maybe CTV taould be able to give us an update on the state-of-ttie-art at a meeting soon. 2-ir. Belgum stated he joined the Commission to get to kno�v the paople in his community and he �elt Cable TV could do this. However, there is no money coming in from public access. Ms. Davis stated she felt the Co�nuission taould be able to handle tapings. Other Commissioizs are doing it and have a great time. 1!pple Valley has just received a grant from the downto�.m business people to do production. 2�ir. I�aspszak sug�ested �ae. return to the bud ;et. I:r, tioravetz stated the first item �aas 41Q0 saiaries and suggested it be increased. Tir. Chevalier moved that 4100 be increased 10% �or inflation. Pir. tdeaver seconded the motion. rir. Tforat�etz stated in the pzst years cae have explained each item of why the budget item should incr�ase or decrease to the Council. 2�1r. I:aspszak nsked how are �.�e going to explain the increases. Zir. Chev�llier stated if it was a small percentage increase it can be ��Ltributed to infla�ion. � 10 C 7��s;e 5 cr,��v c�;��TZSS7o�� r�t:rT7r1� 1�nY ].8, ]97�3 Mr. Chevalier moved we increase items 4100 tl-irou�h 4133, 10%. 1�Ir, i�leaver seconded t}�e n�oL-i.on. Upon a voice vote, all voting aye, the motion carried unanimously. lir. Weaver asked if. item 4300, professional services, needs to be increased. Mr. '•Ioravetz stated that item was L-or attorney fees and he could not foresee any need for an attorney next year. 2�Ir. I:aspszal: explained to Lhe new members why an attorney was needed last year.. . Mr. Belgum stated that 10% should be given to printing, binding and office supplies also. A discussion was held on surveys. iir. Y.aspszak asked Mr. Ger_ard ho�a the last telephone survey came out. I4r. Girard stated that the survey was only on �ahat was being broadcast. Mr. Kaspszak asked ��hat we ��u7_d do wi.th a surve}� once we got. it. :•;r. Weaver stated his feelings ori surveys was that we toould receive some input to the trends in Cable TV programn2ing and from that we could take a surv�y and s�e �ahat the viewer base was. t�fter a period of time �ae �aould take a similar surveti� to see tal�at tl-iat vieiaer base was to see if �oe could .detect � trend. Then you could malce some conclusions. Mr. I`asps�ak asked then what do you do. iir. Weaver stated his problem with that approach was that from the advisory committee standpoint he �aondered �ahat �ve would be doing in t12at business. It seems a bit alien for us to be performing a function that could be done by somebody else. r1r. Belgum asl;ed �,rho wouXd be re5ponsible for taking a survey. Tis. �avis stated many commissians are doing surveys. iir. $elgum stated he ��as interested in community communi�.ations in Fridley and that is why he caanted to be on the Commission. He has asked sever.al org�1111Z�`itlOI1S in Fridley to see if they would be interested in having someone come to one of their meetings and fiet a readinb from the groun. l�e s��ecif:ically asl:ed ttie Lea�ue of ��bmen Voters and the i�oinen.s Club and he felt they �oere quite interested. rir. Kaspszak asked Ais. Blanding for her opi.nion on the matter. ris. Blandin� stated she �aas �.��ndering if the �.�orlcshop could do some- thing like that. :�he stated she �aould rather be an advisor. 10 D Pa�*xe 6 CATV C�)?��i�.ss�rc�ri rTrt� r�fL� � cnxv r��;��rsslo,r r��:�;�TING t��nY a.�, tg�� Th�. letter stated Mr. Iierrictc saw no conflict of interest with Mr. Tior.avetz and P4r.. Balrart b�inf; on tlie caorkshop and bein� sLaff inernbers to k�2e Cornmission. D. �ditin� Machine discussion Mr. �ioravetr received a letLer f_rom Ken. Brennan stating the worlcshop would like to have the editing machine. i1r. Y.aspszalc asked how we would plan on financi_ng the machine? Mr. Balzart stated we were going to encumber funds from Cable TV. Mr. :ioravetz suggested requesting it from this year.s� budget and malce the purchase this year. Mr. Balzart stated it would cost about $2,400.00. It is a Panasonic 1/2" color machine. �ir. Kaspszak aslced if there were any other areas in city �overnment where you have a piece of property owned by tiie city that e�ould be handled in this fashion. I�1r. Ploravetz stated he would guess not. Mr. P.aspsza�c staced it �•rould 'ue o��ned by the city and he ��as wondering who would have the responsibility in terms of damage or theft or maintenance. Ms. Blanding asked �ahere it w�ould be housed. Mr. Moravetz stated it �vould be up to the Council where it would be housed. � Mr. Y.aspszak wondered if the Counciz would approve i.t because of various people using it. Mr. Balaart stated it should be housed at the library but the Council probably �vill not want it tliere. *ir. rioravetz stated we cauld reconunend cahere we thought the best location would be. Mr. I:aspszak stated that rhe ��orkshop would use their porta-pack and our editing machine. Mr. Zdeaver asked if tlie equipment has to be in the same ai-eas as the monitors ta be effective. Mr. Balzart stated yes. , Mr. rioravetz stat-ed this item does not have to be rCSOlved tonight. rfr. fiaspszak stated he fe1L- tae are premature and �ae should table it for u later mecting. 10F z�as;� � ct��rv cot�ctl.sszor��r t�rrTr_ra� ri��Y 7_�, 1.9�s �0 � zz. NLG•t ��sri��irss: A. Report fr_om i-ir. Cl�evali.er on ACCW meeting of May 11, 1978 Mr. Chevalier did not attend the meeting but will be attending the June one. Iir. Balzart stated they liad discusseri what �loomington was doing and some of their prograTrsning. B. Receive letter from Secretary of ACCt�T regarding �ditin� Machine Letter was previously discussed. C. Other Mr. :Soravetz passed out some information on a Video Tiid�aest seminar to be held May 22 and 23. � Mr. Y.aspszalc requested Mr. I'oravetz to send l�im a disclosure form. The ne�;t meeting will be June 21, 1978 (t•?ednesday). 1�1r. Kas�szak suggested �ti*e have an inforr.ka.l meeting at the station. ' i•ir. Gerard agreed to a tour. ris. Davis t:�ill also give us a talk. Ms'. t�7eaver moved the meeting be adjourned. l�ir. Chevalier seconded it. Upon a voice vote, al'1 v�ting aye, the n�eeting adjourned at 10;00 P.2�f. 10 �� CITY OF FRIDLEY MEb10RANDUM MEMO T0: Mayor F� City Council MEMO FROM: Ed Kaspszak, Chairman of the CATV Commission DATE: June 1, 1978 SUBJECT: BUDGET REQUEST The Cable Commission feels that ultimately, cable television, if it is to be utilized by a significant number of Fridley residents, will have to be "sold" on a one-to-one basis. The concensus among cable commission members is tllat good, worthwhile pr�gramming plus "continued" exposure of the medium will eventually draw patrons to subscribe to the system. The Commission's plan is to originate a video tape(s) of local program- ming possibilities, along with the present programs presently available, to show to Fridley churches, civic groups, service clubs, Chamber of Commerce, school board, etc. It is felt this type of exposure could best illustrate the many different ways cable Lelevision could be used in Fridley as a community resource. Finally, each household and each resident in Fridley sh a�ld receive individual exposuxe to this tape inside their own living room, as well as public exposure in various Fridley business locations, including the city hall and the library. In cooperation �ti7it1� General Television management an d the Anoka County 19orkshop, the Commission feels acquisition or lease of a portable video cassette unit, suitable for showings in homes and public places, would be most practical and feasible. It is felt this will significantly help Fridley residents and businesses realize the full potential of cable television within the community. It is also foreseeable, the unit could be used by various departments of city government. For example, the police and fire departments might uti- lize the unit for training sessions. Various commissions, such as planning, could find the unit useful in their work. Circumstances could even dictate the council using the system from time to time. EK/grs CHART�R COMMISSION ME�TING APRIL 18, 1978 CALL TO ORD�R Chairperson Sheridan called the meeting to order at 7:45 P.M. P.oll call was taken. ML'MBERS PR�SE:JT: P.aymond Sheridan, Clifford Ash, �laine Knoff, Jackie Johnson, Kenneth Brennan, Charles Langer, David Berg and Walt Starwalt t•�MBERS ABSEi1T: Jerry Ratcliff, Robert 0'Neill, John Swanson, Tim Sreider, Jean Schell and Arne Takkunen OTI�iERS PRLSEi1T: None APPROVAL OF CHARTER C0�IISSION MIPIUTES Mr. Sheridan asked for any changes or additions to the minutes of the last meeting held March 28, 1978. ;�ir. tlsh stated the following sheuld be changed in the minutes: lst page, seconded to Iast paragraph, the name should be Mark Hart not Hark. (iie also stated he iiad talked to i�4ark and he was interested in serving on the Commission. A letter should be sent to him. He is in the Fridley phone book.) � 2nd page, fourth to Zast paragragh, after bFL, add League of Wonen Voters, Republican Party, etc. Page 3, paragraph on State of the City Address add the word "city" ahead of the word newsletter Page 3, next paragraph, add the word "section" after the word practice. Mr. Starwalt stated the following should be changed: Fage 3, fourth to last para�raph, last sentence should re.ad: "We should attempt not to e�:pand the Charter per se. the worn "not" should be added in the sentence. I4r. Ash moved that these changes be incorporated into the minutes of March 28, 1978. Mr. Lar,ger seconded the motion. t?pon a voice vote, all voting a�*e, :notion passed unanimously. 11 _ Pap;e 2 C1iARTER COMMISSIOPi MEI:TING April 18, 19�8 1. Report from Off.icers Mr. Sheridan asked if everyone had received a copy of tite letter sent to the candidates to fill the Commission vacancies. He acknowledged a reply from �is. Agnes Wolf and read her letter to the Commission. Ms. Johnson stated I�.s. Wolf was a good candidate and was very involved in community affairs. Mr. Sheridan acknoF�ledged a resignatinn from Robert 0'i�eill from the Commission. He then �s'�ced if anyone had heard fron Bob Pierce or Barb Phelps. Iie stated he would be seeing :1r. Pierce the next day and would talk to him about his interest in serving. � Mr. Sheridan stated he had not sent a letter to Tom Forsberg but would do so ir. the near future informing him of the vacancies. The Co�ission will submit names to him for consideration to fill them. t•,e no�a have three vacancies �•�ith the resignation of tiir. 0':.eill. Mr. Sheridan asked if Mr. Ratcliff had been to any meetings lately. It was suggested that someone contact Mr. Ratcliff to see if he still had an interest in attending. :is. Knoff stated she would contact Mr.Ratcliff to see if he plans on attending any more meetings. Iir. Ash stated he would like tc have the Commission draft a letter to the various clubs and civic organizations outlining the things that were discussed at the last meeting and see if they have any input on those items and/or anything else to add and then see if they can respond to the Commission by the next meeting. At that point we can proceed to schedule some comments on these things. 2�ir. Sheridan suggested we rough draft a letter tonight from the excerpts of the Piarch 28th minutes to be sent to the various clubs and organizations. *ir. Ash agreed. Mr. Langer asked what question 6 meant on page 3. ZIr. Ash stated that an exampl.e would be a councilman could also be a state representative - in other words - can a person be elected to more than one office at the same time. Mr. Sheridan asked if a statute covered that point. It was suggested Chat the Commission attorney be asked. Mr. Berg stated he thought it was a constitutional item. `ir. Sheridan suggested we table that question for now. �� Pape 3 CIIARTER COMMISSIOt1 M�I:TIPIG Aoril 18, �9�s 11 B 2. P..eceive Letter from Robert 0'Neill to Ray Sheri.dan ' This item was taken care of earlier in the meeting. 3. Copy of Letter Sent to Prospective Commission Members This item was also discussed earlier in the meeting. :ir. Sheridan added that Ms. Evenson cou2d send a letter to Mark Iiart and Bob Pierce. Mr. Berg asked if the Judge makes his own appointments. Mr. Sheridan said in the past we have submitted a list of names with their resumes for the Judge's consideration. [�e have also asked the Council to submit names but the last time they did not submit any. He stated we should request the Judge to appoint the members with a certain tir�e period. Iie stated we have three vacancies to fill and we should have at least six prospective candidates. We have a couple more to �o. He will �vrite a letter to the Judge and tell him we are preparing a list of candidates for his consideration. 4. Continued: ''.evie�v of Citv Charter Mr. Sheridan stated this was also discussed earlier in the L:eeting. t?e should rou�h draft a letter not•� to be sent out to the various organizations. He stazed the letter should say the Ch�rter Commission is again reviewing the Charter to make further updates. :�iere are some of the items that we have. cor.sidered for possible changes. We should state that copies of the Charter are available from the City of Fridley. tti'e would like some input on the following items and anything else that should be added or changed. Titan cae should list the questions in our minutes of Piarch 28, 1978. Mr. Berg asked if maybe everv recipient should receive a copy of the Charter with tne letter. There was discussion on how many copies should be sent and it was decided each group should receive one copy of the Charter and if they wanted additional copies they could request them from the City of Fridley. :ir. Ash suggested the follocaing organizations should receive a letter: JC�s, League of ti'omen Voters, DFL Club, Republican Club, City Administration, Council Body, City Attorney, Charter Commission Attorney Mr. Ash asked if any other groups should be included. Pa�e 4 Cii1�PTER COMMISSION 2�FTING April 18, �9�8 11 C Mr. Sheridan a�ked if the Chamber was act:ive and we could send them one. . Mr. Berg suggested we check out to see if the American Party is active in Fridle� and if so tliey should get a letter. lIe said the man to send it to would be Mr. Jack Kirktiam in care of the American Party. Mr. Langer asked if there was a taxpayer's association in Fridley. ?�Ir. Sheridan stated not to his knowledge. Mr. l�sh asked about t:�e chairman of all the various Cc?mmissions in Fridley. I�ls. Knoff stated that would be a good idea. Mr. Stzrwalt said it wouidn't hLrt to do t�zi.s. Hocaever, they could not respond within the tine period. P�fr. Sheridan stated it was not necessary by the next meeting to get a response. Mr. �'�sh added another possibility •.�ould be the School Bo�rd. • rls. Knoff stated the� did not have much to do �.it'� the Charter. She then suggested tt-Le ministerial association. tir. Sheridan also suggested the County Commissioners. ;is. Knoff will contact the ministerial group. Mr. Ash stated other questions would be on the ethics section, �Mayor's state of the city address and fair campaign practices section. Mr. Ash stated we would then proceed to have scheduled hearings on given nights. Tfr. Starwalt stated he was not sure that four members are just rig:it - this is in re�ard to nu�-nber 3. Some people might want to open it up and he is not sure that would be beneficial. Mr. Ash stated another point was commission appointments - council- seat would have the ri�ht to anpoint one member to each of the Couunissions without Council a•^proval. The exception ��ould be the police �.hich should stay. tir. Berg suggested appointing a proportionate number. Mr. Starwalt stated he was not sure of the language that would accomplish what we are discussing that would be smooth and easy. 0 Pa�e 5 CiiARTER CO��'IISSION t�:ETIt1G A�ril 18, �9�s 11 D Mr. Sheridan stated the wording would be as follows: The Councilseat would be.able to appoint a member to each Board or Commission withouC Council approval except for the police commission. Mr. Ash moved to put the above in the ninutes. :ir. Langer seconded it. L'pon a voice vote, all voting aye, niotion passed unanimously. i4r. Sheridan asked for any new business. N's. Lan�er asked if a letter was.sent to Mr. McPherson acknowledging his resignation. , *4r. Sheridan stated no, but he would get one out shortly. The next meeting will be :;ay 17, 1978 - a Wednesday. ;�ir. Brennan moved tl�e meeting be adjourned. Mr. Ash seconded the motion. Upon a voice vote, all voting aye, motion passed unanir�ously. The meeting adjourned at 8:55 P.21. P.espectfully submitted, Gayle Goben Recording Secretary � CIi�,RT�I: CQ.'u'�fI.�5I0N ME�TING •• NfAY 17, I978 c�r L To oRn��z Chairperson Ash called the meetin� to order at 7:50 P.'ri. There was no quorum so the meeting is unofficial. ROLL CALL I�IL'rZIiI.RS PR�SE`,T: C1ifLord Ash, �laine i:nof£, Jackie.Johnson, Charles Langer, David }3erg and 1�Jalt Starwalt MEM��P,S ATiSE�;T: Kenneth Brenna.n, Jerry Ratcli�f, John Swanson, Tim Breider, Jean Schell and Arne Talckunen OTIi�P.S PRESENT: IJone Mr. Ash passed around a rough draft of the letter sent to al1 of the organizatzons. I�1r. Ash stated with Mr. Sheri.dan's passin�, we now have four openzngs . on the Cor,nnission. Zti'e have three people 4?ho have expressed an interest. They are: P1ark Hart, Agnes T�TOlf and Bob Pierce. Ms. Iaioff inentioned that Barb Phelps �vas another interested person. i�. Ash aslced the Cor,unission ii he should submit the four names to the Judge for appointmant. A1s. Knoff suggested getting three appointed now and the fourth one in the fall. Pir. Langer stated a t1r. Brool:.s, hi.s next door neighbor, might be interested and he will contact him. The Commission a�reed that P1r. Ash should subrnit the names now. Ms. i�noif stated she had tried to contact Mr. natcliff about his attendance but �,*as unsuccessful. Mr. Star�aalt recommended��is position be vacated from the Commission. 2is. I:noff stated his last attendance was January, 1977. r1r. Ash reconunende_d sending liim a letter asking for his resignation and stated he ��oul.d do so. ris. Jotinson asked if the Commission would have a June meeting. rir. Ash stated that September will be the first montli bacic. � l2 9 �� 12 A P� �e ?_ Ci1/tI:1'};R CO'r�•iI: SIQ11 1�11:1:7'IiIG 141y 172 J.978 Ms. Johnson asked if anyone had heard af. a DuLch Bergman. J4r. Starwalt stated he knew him and stated he would contact him to see if tie woul.d be interested i�z serving. ;•ir. Ash stated we should anpoint a Vice Chairperson. .ir. Lan�er su�gested tllat r1s. Knoff hold two offices - that of Secr_eLary and Vicc Ciiai_rperson. Mr. Star4�alt agreed. ' �'ir. Ash stated he �-.*ould ]_ike to see the City of Fridley present Mrs. Sheridan ��ith something for all the years Mr. Sheridan served the City. !� discussion was held and it was agreed somethin� should be done. Mr. Ash stat�d he taould call the rlayor's oL-fiee and suggest it to him. 2�Ir. Stai�:aalt suggested that Mrs. Sheridan be allowed to decide tohere � the presentatior� would be made - either at her home and at a Council • meeting. . 2Ir. Ash. stated he toould suggest that to Lhe ZSayor. The nekt meeting �vill be September 1.9, 1978. The meeting adjourned at 8:05. . Respectfully submitted, r �� ' Gayle Go en Recording Secretary 13 PUBLIC WORKS DEPARTMENT Engineering Division City of Fridley Fridley, Minnesota NDH, Incorporated 700 Industry Avenue NW Anoka, MN 55303 Re: CHANGE ORDER ��1, STRE�T IMPROVEMENT PROJ�CT ST. 1978-2 Gentlemen: May 31, 1978 You are hereby ordered, authorized and instructed to mo@ify your contract for Street Improvement Project St. 1978-2 by adding the following estimated quanti- ties for the additional total price of Ten Thousand, Eight Hundred Sixty-three Dollars and 00/00------------ . $10,863 (Figures) As these are estimated quantities, the basis of payment would be on the actual quantity of work performed and the folZowing unit prices. ADDITIONS INCLUDES THE FOLLOWING ITEMS: Sidewalk construction located as follows: 7th Street: 61st to 63rd Avenues ITEM 4" Concrete Walk Common Excavation Topsoil Sod APPROXIMATE QUANTITIES 7,050 sq. ft. 375 cu. yds. 210 cu. yds. UNIT PRICE AMOUNT $ 1.10 $ 7,755 2.24 840 4.00 840 1,700 sq. yds. 0.84 1,428 TOTAL CHANGE ORDER ��1 . . . . . . . . $10,863 ariginal Contract Price $464,480.92 Change Order ��l (1978-1) 25,234.70 Change Order ��l (1978-2) 10,863.00 Revised Contract Price . . . . . . . $ 500,578.62 The completion date for the main contract on St. 1978-1, 1978-2 & 1978-4 will remain in effect as August 15, 1978. 0 Change Qrder �il St. 1978-2 Submitted and approved by Richard N. lst day of June, 1978�.� Prepared by r�J c._._ � �_ Checked by � � ` Approved and accepted this Approved and accepted this of Fridley, Minnesota. 0 r� -2- l3q Sobiech, Public Works Director on the 0 , ,�c-�' Richard N. Sobiech, P.E. Public Works Director � day of � uh�. , 1978, by NDH, Incorporated. NDH, I rporated � �. � u� � By Title day of , 1978 by the City Council William J. Nee - Mayor Nasim M. Qureshi - City Manager o<�, ; , . , . . , . � � .:�: :�?sar� �:? 6000 V'dEST PJIOORE L6tKE DRIVE, FRIDLEY, h��IP.NESQ7A 55432 � 560-6100 May 17, 19 78 Mro Darrell Clark City of Fridley 6431 University Avenue N, Eo Fridley, MN 55432 Dear Mr. Clark: The school disirict will be letting a contract for ihe replacement of gym bleachers at the Fridley High 5chool. This is to request a waivex of the permit fee for this project. Cro�rdially, � r � � /f ,' ' / _� James H. Hedren Di�, B�.sine5s Affairs JHH / hj DR. JOHN K. HANSEN �� SUPEHVNTf.NDENT JAMFS H. H�DREN �n�icro« � BU:r1Nf SS AfFA1HS JAMES G. PAPPAS ADMINISTRATIVE, ASSISiANT • � Date Received CITY OF FRLDLEY PETITIUN COVER SHEET May 12, 1978 Petiiion N��. 11-1978 object Black topping of the alley between 58th Street and 59th Street and 22 Street and 3rd Street. 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' �--r---- •:, �T J f t.`, fr•+' � �� ,� ;,� 7,� � - i.� :i �.Lr ' � ��,Q• � . � � ., .. � ;''�i .. � (:� . `s �_ `y r:.. . �I��' ^ �. `{� h =C I.. _ , � ` � �''�' ...YSr• �. ✓`\ ~ + �� U I ' 1 � 4 Z: ��. � 'J I'�/;-. � I ' � i-7� � , Cl .� --_--�.: ..a..� � _�. . . - . _...� _ � .,-- -- --�}- �--'�•'� : - �- - . . �' /,4�,._� . --- - — . _--�� -- lF,��,,•�,;,;; . ._ i � K.= � . ,•` ! v ' � . . c S � � i �s ,' ` -"' ""'._' ".." .....__.. _..._,..�...._ �._.. ....,..,,.,,�...._._....... r..._....,..,....»_..._.�....._»...._ �� RLSOLU'1'ION N0. � A RI:SOLUTION ORDI:RING F'RF.LI;�i:NARY PLAIJS, SPECIFICA'I'IONS, AND ESTIh1ATES OF TIIL COSTS TFIL:REQ�� : STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM �E4 BE IT RESOLV�D, by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners aifected that there be constructeci certain improvements, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous.mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: Alley in Hyde Park Between 58th and 59th Avenues and 22 and 3rd Streets 2. That the �'ub?_ic idorks Director., Richaxd Sobi.ech, City Hall, Fridley, D'�I, is hereby authorized and directed to draw the preliminary plans and specifi- cations and to tabulate t�e results of his estimates of �he costs of said improvements, includ�ng every item of cost from inception to completion and all fees and expenses zncurred (or to be incurred) in connection there- t��ith, ox• the finar.cing tliereof, and to make a preliminaxy report of his findings, stating therein tivhethcr said improvements are £easible and whether tl�ey can Ue�t Ue made as proposed, or in connection �vit}i some other ir.� rovements (and the estimated cost as recommended), including also a descriptioi� of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. Th at said prelininary report of the Engineer shall be furnished to the City Council. ADOPTED BY T}iE CITY COUNCIL OF THE CTTY OF FRIDL�Y THIS DA�' OF , 1g78. MAYQR - WILLIAM J. NEE A4'TEST: CI'fY CLIiRK - r1AItVIN C. GRUNSL•;LL l6 � -�� ! , RL'SOLU'TION N0. A RCSQLUTIUN RECEIVING TfiE PRLLIMINARY REPOR'f /W D CALLING A PUBLIC F3LARING ON THE MAT7'ER OF Tlir CONSTRUC'I'IQN OF CERTAIN Ih1PROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM ��4 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. BE I'T RESOLVED, by the City Council of the City of Fridley, as follows: 1. Tfiat the preliminary report submitted by the City Engineer and the Consulting Engineers is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the ok�ner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk sh all be available for inspection to the ocaner oi any parcel of land as may be affected thereby at any public heari:ig held relative thereto, as well as at any grior time reasonable and convenient. S. That the City Clerk is authorized and directed to give notice of such public hearing by publishing a notice thereof in the official netivs- paper of the City :of Fridley and by mailed notices to all the property otivners whose property is liable to be assessed wit3i the making of these improvements according to law, such notice to be substantially in form and substance of the notice attached hereto as E�liibit "A". 6. That this Council will meet on the 19th. day of Jt�ne � 197 $ at 7:30 o'clock P.A�. at the City Hall in the City of Fridley for the purpose of holding a public hearing on the irnprovement noted in the notice attached hereto and made a part thereof by reference, Exhibit �iAn � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978 . AIAYOR - WILLIAM J. NEE A7'TL•ST: CI'I'Y CLl:ltl� - A1:1R��IN C. vI:UNSf;LL 17 l7A OFFICIAL PUBLICATION �,� CITY OF FRIDLEY "�" (EXHIBIT A) � NOTICE OF HE�RING Oti INtPROVEMENTS 5TREET IMPROVEMENT PROJECT ST. 1978-1, ADDN. ��4 WHER�AS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOiV, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 19th day of June , 197 8 at 7:30 o'clock P.bi. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said irnprovements in whole or in part. � The general nature of the improvements is the cons�iruction (in the lands and streets noted below) of the follotaing improvements, to-wit: CONSTRUCTION ITEM Street impr�vements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and othr facilities located as follows: � � Alley in Hyde Park Between 58th and 59th Avenues and 22 and 3rd Streets ESTIMATED COST . . . . . _ . . . . . . . . . . . . . . . . . . . � 4, 340 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID I�iPROVE�4ENTS IS AS FOLLO{VS: Fox Construction Item above ----------------------------------------- All of the land abutting upon said streets named above and all Iancis within, adjacent and abutting thereto. A11 of said land to be assessed proportionately according to the be;�efits received by such improvement. That should the Council proceed with said improvements they ►viZl consider each separate improvements, except as hereafter other�aise provided by the Council all under the following authority, to-wit: Dtinnesota Statutes 1961,. Chapter 429 and laws amendatory thereof, and in conformity �vith the City Charter. DATED THIS �� DAY OF June , 197 8, BY ORDER OF THE CITY COUNCIL. MAYOR - WILLIAM J. NEE Publish: June 7, 1978 June 14, 1978 � �� . ItESOLUTION N0. A ttESOLU'I'IO;� REC�IVING TNE PRLLIi�1INARY REPORT AI�'D CALLING A PI1f3LIC IiEARING 0i1 TIiE hfATTER OF THE CONSTRUCTION OF CEkTAIN II�iPROV�ML'NTS: STRE�T IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM ��3 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. BE IT RESOLVED, by the City Council of the City of Fridley, as follows: 1. That the preliminary report submitted by the City F.ngineer and the Consulting Engineers is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of 1and di.rectly affected or withir. the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in sai.d nQtice are all thA lands and areas as noted in said notice: Al1 of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk sh all be availablz for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as tivell as at any prior time reasonable and convenient. S. That tl�e City Clerk is authorized and directed to give notice of such public hearing by publishing a notice thereof in the official netvs- paper of the City of Fridley and by mailed notices to all the property oi.�ners ��hose property is liable to be zssessecl with the making of these improvements according to 1a�v, such notice to be substantially in� form and substance of the notice attached }iereto as Exhibit "A". 6. That this Council will meet on the 19th day af 3une , 197 8 aL- 7:30 0' clock P.Di, at the City Hall in the City of Fridley for the pui�ose of holding a public hearing on the improvement noted in the notice attach ed hereto and made a part thereof by reference, E:chibit �rAn � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 197g. h'IRYOR - WILLIAAI J. NEE ATTEST: C1'1'Y' CI.L•Rl� - TI!11:VIN C. 1>RUNSLI,L � . � OFFICIAL PUBLICATION CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IAIPROVEMENTS _ ,. � STREET IMPROVEMENT PROJECT ST. 1978-1, ADDN. 4�3 WHEREAS, the City Council of the City of Fridley, Anoka County,�Minnesota, has deemed it expedient to xeceive evidence pertaining to the improvements hereinafter described. NOtiV, THFREFORE, NOTICE IS HEREBY GIVEN THAT on the 19th day of June , Z978 at 7:30 o'clack P.Ni. the City Cozuicil wi11 meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. � The general nature of the improvements is the cons�ruction (in the lands and streets noted below) of the following iinpravements, to-wit: CONSTRUCTION ITEhi Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: ' ' University Avenue West Service Drive: From 560` South of 83rd Ave. to 81st Ave. From 83rd Ave. to 85th Ave. ESTIb�.4TED COST . . . . . . . . . . . . . . . . . . . . . . . . $ 321, 500 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID ID4PROVEi�IENTS IS AS FOLLOWS: For Construction Item above ----------------------------------------.- All of the land abutting upon said streets named above and all lands within, adj acent and abutting thereto. All of said land to be assessed proportionately according to the benefits xeceived by such improvement. That should the Council proceed with said improvements they will consider each separate improvements, except as hereafter. othercaise provided by the Council all under the following authority, to-tiait: Minnesota Statutes 1961, Chapter 429 and lat�s amendatory thereof, and in conformity with the City Charter. DA1'CD THIS 5th DAY OF June , 197 8, BY ORDER OF TIIE CITY COUNCTL. Publish: June 7, 1978 June 14, 1978 A9AY0� - WILLIAM J.NEE .. k MEMO T0: Nasim M. Qureshi, City Manager r, MEMO FROM: Richard N. Sobiech, Public Works Director DATE: June I, I978 SUBJECT: TH 47 Intersection Improvements (St. 1975-4) Attached please find resolutions and agreements pertaining to the referenced intersection improvements. The first resolution per- tains to final grade approval for utilzty relocations by the City, and the second resolution authorizes execution of the agreement for the signalization modification. We have on file the construction plans which have been prepared in cooperation with the City of Fridley and all appropriate input has been included in the final plans. All agreements are in con- formance with past practices. It is requested the City Council consider adoption of the reso- lutions and authorize execution of the agreements at the meeting the Sth of June. Upon execution of the documents, they will be forwarded to MnDOT in anticipation of the June 23, 1978 letting. RNS/jm Attach. 0 l9 . _. . __.. ._ -- .------ 'E:n/:�Y�' z�2� (9-7"�i . \ � ., _ ---..__. ._ ._ _.__._�_._.,:---__ - -_. ___. __ . ._ ..____ ... . ; SoP. , 0�05-45-4�_(47�156) _ �eas r�o�., xxs s42s (3) 19 A � E�S UZtJT 20`d No. At a(regu.l r�r) ( sceci al ) me� �inu c;: the C:i ty Co•4;nc3.l of t:e City ef Fr3dley �" v duly held �n the Sth d�y, pp June ��9 7g , Li�e foil o•.vi.aE Rt4oluticn wan cfPered ty _ � _ _; �eceY:ded bY ____� � ; t0 Pl�t: . W::cR:4S� i,?:e Co�:ni�;:uner o:° T_3=:;;.ortatic.r. Yor. the St�i:: oS +1�nnesot� h�s cuas�•d tc be pre- ��ed: =ltins, 3pecic�7. �prcva3�ons v.nu s�ec�Pice.t±on� fo:� ihe i�t,r�ve:�,�•t�*, oY xzvr_r :�i.:y.r+ay tro. 15fi , re:nunbared :�:� iriu;l; rii�,ii,r:.�� Pr'oo 47 , w•i.thiu ih:� ce�i,o:�e.ts i.:.,aite� of: ti:e �ity of _ Fridley �S �-�� at Missiesipri St, �sborne Rd. and Ufiiversity Ave. extension E:i: C .^.3 . n'!:,'?�:!S� :ai:l ^l�:is a�e cn zile :n'he 0_°°i�e oi the :i�.��lrtrsent oP :ransperta�;oz:, .,.o r u?� !-Sinr�esctt; Le_n; x��r:e:i� ]abel.eH arid ideatiiied as: S.i-, _ �2�5'46-46 (47�156) �; - "�, Y;i•�Fc.��^� �aid e�;ec:n'. nrovi.,icris sre cn Piie ir: ti;e G��ic� of tne Jepari;.�ec:t o� ^_'� .<�or�ati,z:, 5t. Fa�il., '.:�nt:aso�:1; be:.r-� ��rked, lati�ele: a.^.d identi_'i�d as: t;,� 02�5 Y45-46�(,47s1S61 �� - - - —.,. ___._ _..._.�.i ?Sad . wriict,� to�;:tl�er w��.'ti, t:�e "?�i%ine:;�tiu T;epartn:r�nt ol' I?i�;:�.w��-. Stsud:ird S�eciii�:��:.c�,; _�r h�:,:n'.-;; Cen;;tr.:et..cn,,r 3ate3 .;._,ua�y 1, 19'j2� as ti;ar,t:�'^;i by ._�nn .:o�a Der,u.•t:..:nt u: F;�iz.�:�, ��:zYpic•_ m�ntsl Spe.cificatioc:� far :Ii_�'way Cui�st:�ictic,i, dated F,r7�i1 1, 19?6, ,vi?1 t,o��r:i. .._.. �i:i.c:1 et,e cr: i'ile i.n ti�z of�'ice iaf ti�e Cc::::�i:��ior:er e: Trnn: e;or'.ation con,,�i.i�te th� ::g^r:"ic�t:ers for sai3 i:.p:•ove�.:it c�' ..uti{_ FIi�;:i�,•°a,y ::o„ 1S6 � �c�_;t�r.:,u1•cii a� :�i•ti:}�, i!;r;hr�:i� .�c,� .�T.,3 er.', Yl'i;Gn':+5� copies e= said glrtr.s s�id sYecial p�cv�_icn:; as c.o �,.arke�?, l�:bele:i .��d i�i<^:':ii:ed a:.� niso oa file iu the d..i�•e of the Ci:y C�.erk; er.;i� ','lF�: `r115� the ten^_, s�id ��at:a a^_a epeci,al p_ovisior..�, au herF•inaPtcr u.>?�: ::i �he bo�:;/ o'_' tri : h�solutio:: v;�.11 '�e d.e:;��::�. <,�id :?�tended to �e�ti� �efer t�� atid .::corporc.�e v�:ic j:LS.1`.3 :�:u c'rec._= pr�vi:.iuns i� the 1::.r�_e;oi��g �acitals �:�rticul:i-�ly ic�riti.'._�d �d descrii�ed; ��id, '��ti�"..:?.3, The Co::��sio:i:. of i,��i:;poria�ion desire� �n tY::, interest ��S p�:b�i: ..,..f� ,.r.a� �r+� £�tl: tt;l �3I'!C221�; t' \'C:t�C.?:.� 11 :?UCh p:1Z'i::.ri�; 1.^• per:r,i4te'i N�'1Lk11t1 �}:e (`J;�iCT�.`.@ al:;,_�;`• '�� L:'•� �; , o�.,__ _ Fridley_`.�. � ,,:j .;�aic :�:�k F'1E;k:a•,,y :;c. 156�` rcr.n:�ocrFi ,�.q ....._.. .. „.a._., ;�o. �►T _, wil.l p� ��' _��:e'_ wi;,ii �t._ cuco ;djuoeui: to :e hiEi-.x•uy .. ;c �c'.l' L�_ �'. :e2.,� �.i fee1. fre�y n:;� c:cs:••;�,:1:. i�Fl�;r � O�� F':.i�:?::. .I . ', � 19 B Mn/D01' 2523 (4-771 —2 Resolution No. NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway No. 156 , renumbered as Trunk Highway No. 47 , wiChin the corporate limits of the City of Fridle� , Le and hereby are approved. BE IT FURTHER RESOLVED that the City of Pzldley does hereby agree to requtrc the parking of all vehicles, if such parking is permitted within tlie corporate limits of said City, on said Trunk kighway No. 1S6 , renumbered Trunk Highvay No. 4� , wiJ.l be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTILER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Aighway No. 156 � renumbered Trunk Highway r'o. k% , in accordance �ith said plans and special provisions. Upon the call of the roll, Resolution: following voted in favar of the and, the following , voted against the adogtion of the Resolut�on: whereupon the mayor and/or the presiding officer declared Lhe Resolution adopted. Dated: June 5 , 19 78 � �yor William J. Nee STATE OF MINNESOTA �, COUATY OF Anoka CITY OF Pridley I do hereby certify that at a � ) ) given) of the City Conncil of the ss. day of June � lg 8 Attest Marvin C. Brunsell City Clerk )(special) meeting (of which due and legal notice wae of Fridley , Minnesota, oa the 5th at which a majority of the members of esid Cauncil were preaent, the foregoing Resolutlon was adopted. Given under my hand and aeal this day oi, , 19 �$ Ma�vin C. Brunsell City Clerk \ �. • Page 2 of 2 Pagea. � '�<<� 0 19C . � S.P. 0205-45 (T.H. 47) Anoka County At Osborne Road and Mississippi Street City of Fridley Agreement No. 58894 AGENCY AND UTILITIES REL�CATIDN AGREEMENT ARiICLE I - PREAMBLE THIS AGREEMENT made by and between the State of Minnesota, acting by and through its Commissioner af Transportation, hereinafter referred to as the "State" and the City of Fridley, Minnesota, acting by and through its City Council, hereinafter referred to as the "City", WITNESSETH THAT: WHEREAS, the State has prepared plans and specifications and proposes to let a contract on May 26, 1978 for the construction of a project on the route of Trunk Highway 47, said project being identified in the records of the State as S.P. 0205-45 and being located at Osborne Road and Mississippi Street in Fridley; and WHERERS, certain utility facilities owned and operated by the City are presently located within the limits of said construction project and within the limits of a highway right of way on Trunk Highway 47; and WMEREAS, the State has determined that relocation of the utili�y facilities is necessitated by the construction of the project hereinabove described; and WHEREAS, the Ci�y is not staffed or equipped to perform such utility relocation at this time, and a separate contract to be let by the City for such relocation could result in interference with the operations of -1- � Agreement No. 5B894 l9 D 0 the State's Contractor due to the proximity of the�proposed relocation to the area in which the State's Contractor will be working, the City has requested that the State sct as its agent for the purpose of relocating said utility facilities; and WHEREAS, the State has determined that including said utility relocation work in the State's construction contract would eliminate pos- sible duplication of services and would facilitate coardination of activities so as to generally simplify and expedite the supervision and construction of said trunk highway construction project and would be in the best interests of the State; and WHEREAS, the City will reimburse the State for the relocation work as indicated on Exhibit "A", NOW, 7HEREFORE, IT IS AGREED: ARTICLE II - AGENCY APPOINTMENT AND CONSTRUCTION PLANS ihe City, in connection with the construction �f the aforesaid portion of Trunk Highway 47 and pursuant to M.S.A. 161.45, Subdivision 2, does hereby appoint the Commissioner of Transportation as its agent to perform the relocation work on the City's utility facilities as indicated on Exhibit "B", as necessitated by said trunk highway canstruction and in accordance with plans and 5pecifications designated as State Project 0205-45, which are on file in the office of the Commissioner of Transportation at Saint Paul, Minnesota, and in the office of the City Engineer. Said plans and specifications are made a part hereof, with the same force and effect as though fully set forth herein. 8efore the State's Contractor shall begin such utility relocations, the pl.ans, specifications and special pravisions therefore shall be approved by the City. �' -2- � L ARTTCLE III - RELOCATION A. Construction and Inspection Rgreement No. 56894 1� F The Commissioner shall on behalf of the State and as agent for the City db and perform the following: Quly advertise for bids and award a contract for intersection revisions on Trunk Highway 47 in Anoka County in accordance with plans and specifications therefore designated as State Project 0205-45, which project includes relocation of City utility facilities as stated in Article II. Supervise and have charge of the construction of said State • Project including the relocation of City utility facilities as a part thereof. Make such changes in plan or the character oi the work for said Gity utility facilities as shall be recommended by the engineer in charge of the work if he concurs in such recommendations or as shall in the Commis- sioner's judgment be reasonably necessary to cause said project to be in all things constructed and completed in a satisfactory manner and, to that end and as supplemental to any contract let for the consiruction of said project to enter into for and on behalf of the City any supplemental agreement with the Contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans. However, the Commissioner or his representative shall confer with the City or its author- ized representative before making any such change in plans or entering into any supplement to the construction contract relating to said City utility facilities. The City hereby authorizes the Construction Engineer of the Depart- ment of 7ransportation acting under the general supervision of the Commis- sioner of Transportation for and on its behalf to determine and pass on the �S Agreement No. 58894 19 F various and several items of extra work or changes of plan necessary or desirable during the construction of the aforesaid project and does hereby authorize said Construction Engineer to enter into for and on behalf of the City the supplemental agreements specified in the preceding paragraph hereof. Do and perform on behalf of the City all other acts and things necessary to cause said project to be completed in a satisfactory manner. The relocation of said City utility facilities shall be under the supervision and direction of the State, but said work may be inspected periodically by the City or its authorized representative. If the City, after the �ork has been completed, believes said City utility facilities have not been properly constructed, or that t he work is def ective, the City shall i�form the State's Construction Engineer in writing of such defects. Any recommendations made by the City regarding the work performed under this agreement are not binding on the State, and the State shall have the exclusive right to determine whether the work has been satisfactorily performed by the State's Contractor. All work shall be performed in substantial accordance with the approved plans. B. Future Maintenance After the State accepts the work, the maintenance of said relocated utility facilities and appurtenances th�reto sha1Z be performed by the City without cost or expense to the State. ARTICLE IU - AGENCY PAYMEN? The act�al cast af said utility relocation shall be determined on a contract unit price basis. The City hereby authorizes the State, as its agent, to pay the State's Contractor directly for said utility relocations. -4- Agreement No. 58894 l� � The City shall pay to the State all costs incurred by the State in the relocation of said utility facilities. In addition t❑ said �onstru�- tion costs, the City also agrees to pay to the State a sum equal to 8.0 perce�t of the con�ract unit price, it being understood that said additional payment by the City is the City's share of the engineering costs incurred by the State in connection with the work performed hereunder. It is estimated that said cost of the City's share of the work hereunder and said engineering costs incurred by the 5tate in connectio� therewith will be approximately Eight Thousand Two Hundred Sixty One and 19/lOD Dollars ($B,261.19). It is contemplated that all of said work as provided for in said plans, specifications, and special provisions in the aforesaid construction of Trunk Highway 47 is to be done by contract basis. If the City does not approve of the unit price bid by the State's Contractor, the State will, at the City's written request, delete the utility relocations from its work in accordance with Standard Specification 1402, Minnesota Department of Highways Standard Specifications far Highway Constru�tion, - dated April 1, 1976. The City indemnifies, saves and holds harmless the State and all of its agents and employees of and from any�claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the deletion of the utility reZocations and further agrees to defend at its own sole cost and expense any action or preceeding commenced for the purposes of asserting any claim of whatsoever character arising here- under by virtue of the deletion of the utility relocations. u. The City agrees to a�vance to the Commissioner of Transportation -5- ' •,■ Agreement No. 58894 said sum of Eight Thousand Two Hundred Sixty One and 19/100 Dollars (�8,261.19) forthwith upon execution of this agreement and upon receipt of a written request from the State far such payment. Upon completion and acceptance of the work provided for in said contract hy the State and the�preparatian by the State of a final computation determining the amount due the Eontractor performing the work, the Commissioner of Trans- portation shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota hereunder from the City. After the Commis- sioner of Transportation ha� determined the actual amount due from the City, he shall apply on the payment thereof as much as may be necessary of said sum of Eight Thousand Two Hundred Sixty One and 19/1D0 Dollars (�8,261.19) paid by the City. If the amount found due from the City shall be less than said sum, then and in that event, the balonce of said sum shall be returned to the City without interest. If the amount so found due from the City shall exceed the sum of Eight Thousand Two Hundred Sixty One and 19/100 Qollars (�8,261.19), the City agrees to promptly pay the State the difference between the amount due and said sum of Eight Thousand Two Hundred 5ixty One and 19/100 Dollars C$8,261.19). It is f urther agreed that the aforesaid camputation and deter- mination by the Commissioner of Transportation of the amount due fram the City hereunder shall be final, binding and conclusive. It is further agreed that the acceptance by the State of the completed work provided for in said plans, specifications and special provisions to be performed under contract as aforesaid shall be final, binding and conclusive upon the City � ti�i �� 19H ! Agreement No. 58894 as to the satisfactory completion of said work. aRTICLE V- APPROUAL BY COUNCIL . Before this agreement becomes binding and effective, it shall be approved by resolution of the City Council and shall also receive the approval of such 5tate officers as the law may provide in addition to the Commissioner of Transportation. ,a; G' -7- 19 I !� IN TESTIMONY WHEREOF, the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (CITY SEAL) CI'fY OF FRIDLEY . . gy - Mayor DEPART�IENT OF TRANSPORTATION Recommended for approval; District Cirector Utilities Engineer Approved as to form and execution: By . City Clerk STATE OF i��INNESOTa Commissioner of Transportation By Directar Right of Way bperations Approved: Commissioner of Administration 19 J BY Special Assistant Attorney General � Authorized Signature State of �iinnesota STATE OF MINNESOTA ) - � . ) ss • . COUNTY OF RAMSEY ) � ' � On this aay of , 197 , before me personally appeared . � , to me known to be the Directoc of Right of Way Operations, acting for the Commissioner of Transportation of the State of Minnesota, and the person who executed the foregoing instrument in behalf of the State of Minnesota, and the Commissioner of Transportation, and acknowledged that he executed the same as the free act and deed of the State of Minnesota. • � 0 ` . Remove Water Main Salvage Castings Salvage Hydrant Reconstruct Manhole Install Castings Adjust Frame and Ring Casting 6 Inch Water Main- Ductile Iran Install. Hydrant Adjust Ualve Box Mobilization 5% Engineering 8% � S.P. 0205-45 AGREEMENT NUMBER 58894 EXHIBIT "A" 22 Lin. Ft. @ � 5.00 1 Each @ 55.Q0 6 Each @ 275.00 4 Lin. Ft. @ 90.�� 1 Each @ 75.OD 2 Each @ 110.00 93 Lin. Ft. @ 15.00 6 Each @ 450.00 9 Box @ 80.�0 Sub Total �ub Tatal. Total $ 110.00 55.�0 1,650.0� 360.00 75.00 22�.�0 1,395.00 2, 700.'DQ 720.Q0 7,285.fl0 364.25 7,649.25 61I.94 $8,261.19 19 K 0 R�SULUTION BE IT RI:SOLVEll that the Czty of Fridley enter into an� a�rc,ernent with thc State of Alinnesota, Departr�ent of Transrartation, for t31e following purposes, to wit: To revise the existing traffic control signals with street li�lits on Trunk fIighway No. 47 (University Avenue �1ortlieast) at Osborne Road �and at Mississippi Street in accordance witn the terms and conditions set fortli and contained in Agreement ido. 59091, a copy of wiiich was before the Council. BE IT FURT�ILR RESOLVED that the proper City officers be and liereby are authorized to execute sucli agreement, and thereby assur.ie for and on beiialf of the City all of the contractual obligations containecl therein. CERT I F I CAT I Oid State of Plinnesota l County of Anoka'��, City of Fridley I hereby certify that the foregoing Resolution is a true and correct copy of resolution presented to and adopted by tlie Council of the City of Fridley at a duly authorized r,ieetin� lield on tlle day of , 197�, as shown by tiie minutes o: sai r,leeting in my possessian, (Seal) � c�; ity ler � 19 L MIiJi1I;SOTA TRAi1SPORTATIOiV I)EPARTr1Ei1T TREIFFIC CU�ITROL SIG�vAL AGI:I:EP�-1�P1T i10. 59091 THE STATl OF �1I�1NES�TA, ll�PARTA1E11T OF TItAi1SPORTATION A�1D TIiL'' COUi1TY OF Ai�10KA ANll THE CITY OF FRIDLEY FOP. Revision of the existing Traffic Control Signals �aitli Street Liglits and Signing at the Intersection of Trun% Iligliway Pdo. 47 (University Avenue Northeast) at County State Aid IIigiiway 6(i<Zississippi Street) and at County State Aid Highway �(Osbarne Roac3) in Frid�ey, Anoka County, Niinnesota. S.P. 0205-45 F. P. TQA1-H�iS 5425 (3) Prerared by Traffic �ngineering IidllLX ITLi�>I aLLOT. F. . UNll ESTII�I�1T�ll AbiOUi•1T P.ECEIV�BLE County o�' Anoka $3,975.00 City of Pridley �3,975.00 ��t.. 4 m �P�iOUNT Ei�iCUDiBERED �1one Ut er�,rise covere 19 M l9 N TIIIS AGIZLLMI3i1T macle and entered into by anci between tne State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and tlie County of Anoka, hereinafter referred to as tlie "County", and the City of Pridley ]iereinafter referred to as �lie "City", WITiVES��TFi; 1`�I-IERLAS, it is considered mutually desirable to revise the existing traffic control signals witli street lights and signing at the intersection of Trunk Higliiaay P1o. 47 (liniversity �venue 'ilortheast) at i��tississippi Street (County Siate �1id Iiighway i1o. 6) and at Osborne Road (County State Aid Higritaay I1o. �) in Fridley, Anoka County; and idliEP.EAS, it is anticipated tiiat said wor1; is eligible for 90 perceiit Feueral Aid �Iigh Hazard Safety Funds; and 1VI��REAS, the County, City and State will participate in the cost, maintenance and o�eration of said traffic control signal revisions as nereinafter set forth; TdOtiV, THFI:EFURI:, IT IS AGREEll AS FOLLO�JS: 1. The State shall prepare the necessary plans, specifications anci proposals and s.iall perform tlie engineering and iiispection rec�tiired t� coriplete the items of worr herein- after set fort}i. Suc�i work as described innediately above sliall constitute "Lngineeriiig and Inspection" aiid siiall be so referred to lierein�cfter. 59091 - 1 - �� l9 0 0 Z, The contract cost of the worl: or, if the work is not coiitracted, the cost of all labor, materials, and ec�uipment rental required to complete trie work, except tlie cost of proviclin& the power supply to the service poles or pads sliall constitute tlie actual "Construction Cost" and shall be so referrecl to hereinafter. 3. Tiie State �•�ith its own forces aild equipnent or Uy contract sliall perforra t�ie work provided for in State Proj ect ;10. 0205-45, made a part liereof by reference, and t�ie Construc- tion Cost �i�ierefore sliall be shared by t�ie City, County anci State as follows: a. Trunk ��ig}iway ;�o. 47 (University Avenue ilortheast) at P•iississi�pi Street (Couniy State Aid Hi�iliaay l�o. 6) . Revise traffic control si�-nal. Estimated Construction Cost ��70,000. City's share 2.5 percent. County's siiare 2.5 perce.it. Federa� Aid share 90 percent. State's share 5 percent. b. Trunk IIigiiway P1o. 47 (University Avenue �ortheast) at Osborne Ro�d (County State Aiu IIibiiway No. �) . Fevise traffic control signal. Estinated Construction Cost ��0,000. City's share 2.5 percent. County's share 2.5 percent. Federal Aid sliare 90 l�ercent. State's sllare 5 percent. 4. Upon conpletion of t;ie ��ork ��rovidecl for in - paragraPli 3 liereof, tlie County ancl City shall eac}i pay the State their sliare of tlie actual Construction Cost plus six 5J091 - 2 - percent (6 a) of such sl�are as their share of tl�e cost of Engineering ancl Inspection. costs. The State sha11 pay any remaining S, T}ie State sliall install or cause tlie installation of overliead signing and s}iall maintain said signing at no cost to tlie City or County, Ei. Tlie City sliall install or cause tne installation of an adec�uate electrical po�aer supply to the service poles or pads includin� any necessary extensions of power lines, and upon completion of said signal with s�reet lights revisions shall provide necessary elecf:rical ��oti�er for tlzeir operation at the cost and expense of tlie City. 7. Upon cor�pletion of the wcrk conteraplated in paragrap�i 3 nereof , t:ie State shall maintain ancl kee� in repair the traffic control signals except for relar:lping, cleaning and painting at its cost and expense; and the City sliall relanp, clean and paint the tra�fic control signals and maintain the street lignts at its cost and expense. B. Any and all persons engaged iii the aforesaid tiaork to }�e ��rforr�ed Uy the State shall not Ue �o��s�a�rea er.iployees of tiie County or City and any and all clains tiiat riay or mi�ht arise under tlie �Vorker's Compensation Act of this State on belialf of said employees wlzile so engaged, and any and all claims made by any thircl party as a conseauence of any act or omission on tlie part of said er�ployees wi2ile so enga�ed on. S�J091 - 3 - �?. l9 P any oi tlie work contemplated herein shall not be the obli�ation and responsiUility of t}ie County or City. The State shall not be responsiUle under tiie 1Vorker's Compensation Act for any employees of the County or City. 9. All timing of all� traffic control signals provided for herein shall be deterr�ined by the State, through its Comrnissioner of Transl�ortation, and no cl�anges shall be made therein except with tne approval of the State. 10. Upon execution by tlie County, City and State and conpletion of t�ie construction worl: provided for }ierein, this agreement shall terminate and supersede the r�iaintenance and electrical power provisions at the intersection of lrunk Highway No. 47 and Osborne Road containe� in Agreement i1o. 55619 dated January 17, 1978, and the rnaintenance and electrical power provisions at Trunk HigIlway r1o. 47 and I�Iississippi Street contained in Agreement 110. 54649 dated Ju�y 14, 1965; all ot33er terms and conditions of said agree- ments shall renain in full force and effect. COUi�1TY OF Ai10ICA APPROVL'•D AS TO FOR�•i:. County Attorney RECOAUtENll�ll FOR APPROVAL: ounty IIig iway En�ineer I��. . ` 0 59091 - 4 - g�, Cnairnian o the lioar (Seal) 0 19 � By �:xecutive Secretary �o t ie oar CITY OF I�RIllLLY �IPPROVEll �1S 10 I�ORA1: By City ttorney ,ayor (City Seal) �3y ity I�Ianager STATE OF P�1ITdT�1ESUTA v�PAP.TPIEi�T OF TP.Ai�1SPORTATI0i1 RECOI��It=l��dllED FOR APP�:OVRL : llistrict lllrector FIightaay llivision llirector Traffic Engineerin� Section �irector — Office of llesign Services APPROV�ll AS 10 FOP.�`�I Ai1D LX�CU 1 I O?1: ssistant �ttorney General State of rlinnesota 59091 - 5 - APPR�VEll: DEPAI:Ti�IE�vT OF TRA:dSPOP.TATI0i1 By �ssistant or:inissioner ' llated: APPP.OI�'ED: UEP�1ItTPIEidT OP A�i1II1ISTRATI0�1: By I�atea: �� fl R�SOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR BIDSc STREET IMPKOV�MENT PROJECT ST. 1978-6 (HEATER-SCARIFYING AND OVERLAY) WHEREAS, the City Council of the City of Fridley has established a policy of surface treatment maintenance on the City streets on a regular basis; and WHEREAS, the City Engineer has submitted a plan showing the streets in need of surface treatment maintenance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the streets marked black on the attached map be maintained through a surface treatment of heater-scarification and bituminous overlay, and the work involved in said improvement shall hereafter be designated as: STREET IMPROVEMENT PROJECT ST. 1978-6 2. The plans and specifications prepared by the City Engineer for such improvement and each of them, pursuant to the Council action heretoPore, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET IME'ROVErfENT PROJECT ST. 1978-6 shall be performed under one contract. The City Engineer shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improve- ments under such appr.oved plans and specifications. The advertisement shall be published for three (3) weeks, and sha-1l.specify the work to be done and will state that bids will be opened at 11:30 a.m. on Thursday, the 6th day of July, 1978 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the City EngineEr and accompanied by a cash deposit, bid bond, or certified check payable to the C�i�y for five percent (5%) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT ST. 1978-6 shall be substantially in form as that attached hereto for reference and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 0 0 20 NOTICE TO BIDDER5 STREET IMPROVEMENT PROJECT ST. 1978-6 Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Telephone: 571-3450) on the 6th day of Ju1y , 1978, at 11:30 a.m., and will be consi- dered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the lOth day of July , 1978, for the furnishing of work and materials for MUNICIPAL STATE AID STREET IMPROVEMENT PROJECT ST. 1978-6. The street projects are about 2.50 miles long and consist of the following principle items of work and approximate quantities: 62,687 Sq. Yds. 6,269 Gallons 51,148 Sq. Yds. 11,539 Sq. Yds. 2,000 Sq. Yds. 1" Bituminous Overlay Rejuvenating Agent (reclamite) Heater Scarification Grinding 6" Bituminous Base Patch All in accordance with plans and specifications prepared by Richard N. Sobiech, P.E., Public Works Director, Fridley City Hall, 643I University Avenue N.E., Fridley, Minnesota 55432. Telephone 571-3450. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $10 for the plans and specifications. The deposit will be refunded to each bidder submitting a bonafide bid upon return of the docu- ments in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, r4innesota, in an amount of not less than 5% of the total amount of the bid. Final approval to proceed with the project is contingent on appro- val of a funding application for the project with the Minnesota Department of Transportation. The City Council reserves the right to reject any amd all bids and to waive any informalities in any bids received without explanation. No Bid may be withdrawn for a period of thirty (30) days. By order af the City Council of the City of Fridley, Minnesota. Dated this 5th day of June , 1978. Published: Fridley Sun June 14, 1978 June 21, 1978 June 28,. 1978 Richard N. Sobiech, P.E. Public Works Director Construction Bulletin June 16, 1978 June 23, 1978 June 30, 1978 20 ll MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: June l, 1978 SUBJECT: Heater-Scarifying & Overlay Project In a continuing effort to upgrade and economically maintain a safe system of roadways for the City of Fridley, a continuous review of surface treat- ment techniques is made for possible use in the City surface treatment program. To date the City's surface treatment program has consisted of sealcoating and bituminous overlays. Recently a bituminous recycling seminar was held to discuss the various methods of recycling existing bituminous roadways. One method, heater- scarification,appeared to be quite feasible for use by the City of Fridley from both a maintenance and economic standpoint. The heater-scarification process consists of evenly heating the existing pavement surface, scarifying and mixing to a depth of 3/4 inch, and leveling to an evenly spread surface. This recycled surface is then over- laid with a thin section of bituminous material. By the heater scarifi- cation process, use is made of the existing surface which allows a re- duction in the depth of overlay needed. It is anticipated the reduction in the depth of overlay needed will cover the cost of the heater-scarification. The heater-scarification project proposed will include 7th Street from Mississippi Street to 53rd Avenue; 61st Avenue from University Avenue to Carol Drive; and West Moore Lake Drive from 61st Avenue to 1280 feet south. The roadways are al1 State Aid Streets, therefore all funding is anti- cipated to come from the City's Municipal State Aid Construction allocation. It is requested that Council consider approval of the program at the Council meeting of June 5, 1978. RNS/jm 2Q R RESOLUTION N0. ]978 A RESOLUTION AUTHORIZING A TAX LIMIT BASE INCREASE WHEREAS, The 1977 Legislature adopted M.S.A. 275.52 which authorized certain cities to levy starting in 1979 an additional amount not to exceed 10 percent of its 1978 adjusted levy limit base, with such amount so levied to become a permanent part of the levy limit base, and WHEREAS, In order to qualify for this increase in levy limit base, a city must have levied at least 98 percent of its levy limit base the preceding year, and WHEREAS, The City of Fridley levied 99.5% of its levy limit for taxes collectible in 1978, and WHEREAS, The City of Fridley has experienced a population decline compared to the year 1974, and WHEREAS, The taxing limits are based on dollars per capita, and WHEREAS, The City of Fridley has, therefore, experienced a leveling of� of tax income in relation to budget needs and inflationary pressures, and WHEREAS, The funding of certain programs is anticipated to be in excess of that provided by the 6 percent levy limit increase per capita over the preceding year; NOW, THEREFORE, BE IT RESOLVED, That the City of Fridley, by action of the City Council, requests authority to levy an additional amount, to be determined by the Commissioner of Revenue, (estimated to be up to $294,889), of general property taxes, over and above the State levy limitation, so as to be able to maintain current service levels in City programs for the year 1979 and subsequent years,. BE IT FURTHER RESOLUED, This resolution is to be pubiished in the Sun Newspaper on June 14, 21, 28 and July 5, and BE IT FURTHER RESOLVED, That a public hearing to discuss the resolution will be held Monday July 10, 1978 at 7:30 p.m. At said h�aring all persons desiring to comment on the proposed adjustment shall be heard. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIQLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 21 CITY OF FRIDLEY MEMORANDUM �, T0: NASIM M. QURESNI, CITY MANAGER, AND CI7Y COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: RESOLUTION AUTHORIZIhdG AN INCREASE IN THE LEVY LIMIT BASE DATE: JUNE 1, 1978 The attached resolution will start the administrative procedure that is necessary if the City is to increase its levy limit base. If the Council adopts the resolution, the resolution must be published four times, and then a public hearing must be held on the question. If the Council asks for authority to increase the base by up to ten percent, this does not obligate the City to use the entire ten percent. The City can use any part of the ten percent increase in the base. You must ask for ten percent if at any time in the future you intend to use it. It is still too early to tell what the special levies will be. These are based on the expense side of the budget, and these budgets are just coming in. I have not seen a breakdown of the budgets from the affected departments. A great deal of work will need to be done working up the speciai levy portion for matching funds programs, etc. We gave the Council an estimate earlier that assumed special levies would be the same as 1977/1978. On the attached sheet we have prepared a comparison showing the 1977{1978 levy limit base, including special levies, and an estiamte of the 1978/1979 levy limit base, including special levies. Also, included is a copy of Form No. 280 which �ve complete each year. This must be sent to the County and to the State Revenue Department, This form shows, among other things, our justification for special levies. MCB:sh 21A FINANCE DEPARTMENT CI7Y OF FRIDLEY r� I 6��s 21 � 1977/1979 TAX AUTHORIZATION AND ESTIMATE OF 1978/1979 AUTHORIZATION 1977/1978 1978/1979 Tax Base Compilation 1977/1978 population used for tax base compilation 32,028 Per capita limit x$86.1143 1977/1978 Tax Base $2,758,070 $2,758,070 Add for 1978/1979 commercial and industrial credits for the year 1974 SUB TOTAL Multiplier for 1979 (assumes same population) Adjusted levy limit base Less: Local Government Aid Levy Limitation Add: Special Levies A. Tort Judgements and Liability Insurance B. Lawfull Orders C. Matching Funds Programs E. Bonded Indebtedness J. Decreased Mobile Home Tax N. Increased Industrial & Commercial Development 0. Tax Abatements P. Unfunded Accrued Liability for Pensions Subd. 6. Shade Tree Disease Control Total Special Levies TOTAL TAXING AUTHORITY Taxes levied 23,908 $2,758,070 $2,781,978 x 1.06% $2,758,070 $2,948,897 888,766 $1,869,304 11,315 1,500 52,731 58,147 8,378 94,367 15,277 257 97,294 $ 339,266 $2,208,570 $2,i99,318 942,092 $2,006,805 11,315 Est. 1,500 Est. 52,731 Est. 42,757 8,559 98,668 2,347 5,550 63,535 $: 286,962 $2,293,7b7 � RESOLUTION N0. - 1978 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 10, PARCEL 1840, AUDITOR`S SUBDIVISION N0. 22 WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcel, to-wit: part of Lot 10, Parcel 1840, Auditor's Subdivision No. 22, may and shall be apportioned and divided as follows: Original Parcel Part of Lot 10, Parcel 1840, Auditor's Subdivision No. 22 Division of ParcEl Approved Part of Lot 10, Parcel 1840, Auditor's Subdivision No. 22 Part of Lot 10, Parcel 1870, Auditor's Subdivision No. 22 Fund Reguiar SA SW #48-B (Sewer Lateral) SW #48-B (Water Lateral) SS #114 Fund Regular SA S1J #48-B ( Sewer Lateral) SW #48-B (Water Latera'1) Regular SA SW #48-B (Sewer Lateral) SW #48-B (Water Lateral) SS #114 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1978. ATTEST: CIi'Y CLERK Marvin C. Brunsell Origina1 Amount Paid Paid Paid $ 49.40 �49 . 40 Qriginal Amount Paid Paid Paid Paid Paid Paid Paid $ 49.40 49.40 DAY OF MAYOR William J. Nee 22 22 A MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARUIN BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTIONS SPLITTING SPECIAL ASSESSMENTS FOR THE JUNE 5, 1978 AGENDA DATE: MAY 31, 1978 We are requesting that the Council approve the resolutions spli�t�ng the special assessments on part of Lot 10, Parcel 1840, Auditor's Subdivision No. 22, and on Parcel 5400, Section 2. The Council has previously approved these lot splits and the splits have been recorded at Anoka County. MCB ps 0 RESOLUTION NQ. - 1978 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 5400, SECTION 2 WHERERS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, TNEREFORE, BE IT RESQLVED as follows: That the assessments levied against the foliawing described parcel, to-wit: Parcel 5400, Section 2, may and shall be apportioned and divided as follows: Original Parcel Parcel 5400, Section 2 Division of Parcel Approved Parcel 5400, Sectian 2 Parcel 5700, Section 2 Fund Regular SA W #34 1964 Service Conn. SW #93 SW&SS No. 102 (Water) SW&SS No. 102 (Sewer) ST. 1973-1 ST. 1973-2 SS #l14 Reassmt. of SS No. 102 Fund Regular SA W #34 1964 Service Conn. SW&SS Na. 102 (Water) SW&SS No. 102 (Sewer) ST. 1973-1 ST. 1973-2 SS #114 Reassmt. of SS No. i02 SW #93 Regular SA W #34 SLJ&SS No. 102 (Water) SW&SS No. 102 (Sewer) ST. 1973-2 SS No. 114 Reassmt. of SS No. 102 SW No. 93 Original Amount Paid Paid Paid $ 4,200.00 19,240.20 49,928.40 47,937.75 39,776.55 42,546.00 58,377.96 $262,006.86 Original Amount Paid Paid Paid $15,407.43 36,306.63 39,123.00 26,367.92 35,623.14 51,797.29 2,133.60 Paid Pai d $ 3,832.77 13,621.77 10,949.14 5,572.50 4,785.94 2,066.40 23 . Page 2, RESOLUTION N0. - 1978 Parcel 5850, Section 2 Regular SA W #34 1964 Service Conn. ST. 1973-1 ST. 1973-2 SS No. 114 Reassmt. of SS No. 102 Paid Paid Paid $ $,814.75 2,459.49 1,350. 36 1,794.73 $262,006.86 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1978. ATTEST: CITY CLERK Marvin C. Brunsell 0 DAY OF MAYOR William J. Nee 0 23 � RESOLUTION N0. 1978 A RESOLUTIOPJ CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1978 WHEREAS, the City Council appoints members to Com►nissions to perform functions outlined and authorized by City Code Chapters 6, 102, 112, 405.28, and to other organizations and committees as deemed advisable; and WHEREAS, a review of vacancies and reappointments are conducted prior to April lst and new appointments and reappointments are made at that time; and WHEREAS, extension af some appointments are sametimes necessary to insure continuity in membership of such Commissions when certain extensions of appointments are deemed essential to efficiency; NOW, THEREFORE, the following appaintments and reappointments are confirmed, made or extended by the City Counci1 of the City of Fridley, as of April 4, 1978, or effective date as indicated: P4AYOR PRO TEM -- Councilman at Large Robert Barnette PRESENT AND NEWLY APPOINTED OR REAPPOI"lTED MEh�BERS PLANNING COMMISSION (CHAPTER 6) General Chairperson Vice Chairperson and Chairperson Environmental Quality Comr�i ssi on Chairperson Community Development Commission Chairperson Parks and Recreation Commission Chairperson Appeals Commission Chairperson Human Resources Commission Richard Harris 6200 Riverview Terrace N.�. (H.560-2491) James Langenfeld 79 - 63 2 Way N. E. (H. 560-1969) LeRoy Oquist 1011 Hackmar Circle (H. 571-U415) (B. 482-2079) Robert Peterson 480 Rice Creek Blvd. tH. 571-8278) Virginia Schnabel 1527 4�dindemere Circle N. E. �H. 571-3318) IVed Storla 7548 Alden Way N. E. (H. 571-6726) TERM EXPIRES 4-1-79 4-1-79 4-1-81 4-1-79 4-1-81 4-1-79 24 RESOLUTION N0. PAGE 2 • � PRESENT AND NEGlLY APPOINTED OR REAPPOINTED MEM6ERS TERM EXPIRES COMMUNITY DEVELOPMENT COMMISSION (CHAPTER 6} (3 YEAR TEP,P�I - 5 MEMBERS) Chairperson LeRoy Oquist 4-1-81 1011 Hackman Circle N.E. (H. 571-0415) (B. 482-2079} Vice Chairperson Connie Modig 4-1-80 1330 Hillcrest Drive (H. 571-0550) (B. 238-3874) � Herman Bergman 4-1-80 5503 Regis 7rai1 N.E. (H. 571-3683) Kenneth Vos 4-1-79 990 - 68th Avenue (H. 57T-2246) Alfred Gabel 4-1-81 5947 - 22 S�reet N.E. (H. 571-1288) PARKS AND RECREATION COMP1ISSION (CNAPTER 6) (3 YEAR TERM - 5 MEMBERS) Chairperson Robert Peterson 4-1-79 480 Rice Creek Slvd. (H. 571-8278) Vice Chairperson Robin Suhrbier 4-1-80 5564 East Danube Road N.E. (H. 574-0939) Betty �1ech 4-1-80 1315 66th Avenue N.E. (H. 574-1197� Leonard A. Moore, Jr. �'-1-79 8301 Riverview Terrace N.E. (H. 784-7762) Jan Seeger 4-1-81 324 Ironton Street N.E. (H. 784-7441) 24 A - RESOLtlTION N0. PAGE 3 PRESENT AND NEWLY APPOINTED OR REAPPOINTED MEMBERS APPEALS COMMISSION (CHAPTER 6) (3 YEAR TER�1 - 5 MEMBERS) Chairperson Virginia Schnabel 1527 Windemere Circle N.E. (H. 571-3318) Vice Chairperson Patricia Gabel 5947 - 22 Street N.E. (H. 571-1288) (6. 784-7595) Richard C. Kemper � 6736 - 7th Street (H. 571-9788) (B. 935-0381� James Plemel 6864 Channel Road ��.E. (N. 571-0026) (B. 421-4760 X126) Alex P. Barna 560 Hugo Street N.E. (H. 784-5468) TERM EXPIRES 4-1-81 4-1-79 4-1-81 ENVIRONP1ENTAL QUALITY COMMISSION (CHAPTER_6) (3 YEAR TERM - 5 MEMBERS Chairperson Vice Chairperson James Langenfeld 79 - b3 Z Way N. E. (N. 571-1969) Bruce Peterson 7503 Tempo Terrace N.E. (H. 786-9898) (B. 690-1783) David Sabistina 635 Fairmont Street N.E. {H. 786-3486) Cee Ann Sporre 295 Ironton Street N.E. (H. 786-4237) Connie Metcalf 860 W. Moore Lake Drive (H. 571-3596) 4-1-80 4-1-79 4-1-79 4-1-80 4-1-79 4-1-81 4-1-80 0 24 � RESOLUTION N0. PAGE 4 PRESENT AND NEWLY APPOINTED OR REAPPOIP�TED MEMQERS HUMAN RESOURCES COMh1ISSI0N (CHAPTER 6) (3 YEAR TERM - 5 MEMBERS Chairperson Vice Chairperson Ned Storla 7548 Alden l�fay N.E. (H. 571-6726) David Thiele 7300 Tempo Terrace (H. 784-3663) Mary Van Dan 6345 Baker Avenue N.E. (H. 571-3177) Mary Jo Dobson 1636 - 68th Avenue N.E. (H. 571-5456) TERM EXPIRES 4-1-79 4-1-81 4-1-81 � :� CABLE TELEVISION COMP�fISSION (SECTION 405.28) (3 YEAR TERP1 - 5 MEMBERS Chairperson Edwarcf Kaspszak 1317 Hillcrest Drive N.E. (H. 571-0441) (B. 332-6951) Harold Belgum 191 Hartman Circle (H. 571-1191) Buri Weaver 928 Rice Creek Terrace (H. 571-4327) Carolyn Blanding 5653 Regis Trail N.E. (H. 571-5653) Larry Chevalier 6906 Hickory Drive (H. 571-7147) 4-1-80 4-1-79 4-1-81 4-1-81 4-1-80 4-1-79 Z� C RESOLUTION N0. PAGE 5 PRESEN7 AND NEWLY APPOINTED OR REAPPOINTED MEMQERS TERM EXPIRES FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY (5 YEAR TERM - 5 MEMBERS Elmars A. Prieditis 6031 Benjamin Street P�,E. (H. 571-7230) (B. 332-1401) Russel Houck 750 Overton Drive (N. 571-3249) Pastor Arnold Stone 6950 Hickory Drive (H. 784-9394) Larry Commers 5197 Lincoln Street N.E. (H. 788-8925) Carolyn Svendsen 5741 Moore Lake Drive (H. 560-6060) . � :� . .•. � .. 6-9-79 . . • .� POLICE CIVIL SERVIC� COMMISSION (CHAPTER 102) (3 YEAR TERM - 3 ME�IBERS Tim Breider 7550 Tempo Terrace (H. 786-5341) (B. 941-6500 X536) Jean Schell 5198 St. Moritz Drive (H. 571-3283) Elizabeth Kahnk 209 Rice �reek Blvd. (H. 571-21G8) BOARD OF HEALTH (CHAPTER 112 3 YEAR TERM - 3 MEMBERS Health Officer Qr. C. E. Turbak 23 Rice Creek Way N.E. (H. 560-1470) (B. 560-2820) Dr. Donald L. Wright 101 Logan Parkway Walter H. Jopke 5230 Lincoln Street (H. 788-2205) 4-1-79 4-1-80 4-1-81 4-1-79 4-1-79 4-1-79 2 Lr D RESOLUTION N0. PAGE 6 PRESENT AND NEWLY APPOIt�TED OR REAPPOINTED MEMBERS TERM EXPIRES ANOKA COUNTY LAI�I ENFORCEMENT COUNCIL (1 REPRESENTATIVE AND 1 ALTERNATE) Councilman Namernik, Representative Councilman Fitzpatrick, Aliernate SUBURBAN RATE AUTHORITY (1 MEMBER AND 1/�LTERNATE Councilman Hamernik, Member Cauncilman Barnette, Alternate NORTH SUBURBAN ADVISORY BOARD (1 REPRESENTATIVE AND 1 ALTERNATE Councilman Schneider, Member Councilman Barnette, Alternate 12-31-78 12-31-78 12-3.1-78 12-31-78 12-31-78 12-31-78 ASSOCIATION OF METROPOLITAN MUNICIPALITIES (1 REPRESENTATIVE AND 1 ALTERNATE Councilman Fitzpatrick, Member Councilman Schneider, Alternate DISTRICT #14 COMMUNITY SCHOOLS Councilman Barnette (Appoirited 1-9-78) SCHOOL DISTRICT #13 REPRESENTATIVE Councilman Fitzpatrick (Appointed �-9-78) 12-31-78 12-31-78 PASSED AND ADOP7E0 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1978. WILLIAM J. NEE, MAYOR ATTEST: MARVIN C. BRUNSELL, CITY CLERK ' 24 E Date Received June 1, 1978 DLEY ; SHEET Petition Nt�. 13-1978 object Petition for better and more frequent radar patrol or other speed con ro on s orne oa in t e area o o n rickso—n Ir-rTc.—�dcTritional lighting (mainly mid-block) and Anderson Trucking semi-trailer traffic o use en ra enue irect y ort to reac ig way . Petition Checked By Percent Signing Referred to City Council Disposition Date 25 City Council. nf Fridley c/o City Mana�;ers Office 6431 Univer.^,ity Avenue Fridley� Minnesota� 5543z ';Ie the unc.ersigned dohereby petition the b.=:tter and more frequent radar patrol or on Osborne Road in the area of the John Additional li�hting(mainly mic'-block) is r•,�e are unable to see from our :�omes v.�:.en area. �I V"�� . t y J citj� council to authorize -:_ny other speed c�ntrol Erickson Park. one of our concerns as there is problems in this Anol;her conc�:rn is Anderson Trucking ��e?ni-trailer traffic to reach Hv;y #� 10. VJe believe they could travel Old Ccntral �'venue directly North to reach H��,y ## 10. REASONS: Litter, noise, speed, accidents, protierty c�a::iage (mail boxes� shrubs� lat�ms, eggs on homes, toilet paper in trees, etc.) Vle t�rill appreciate an��thin� � that can be done, Thank i / I• �i�.� �- � � � � � � �� %� �� . �� , � �� % � ��. � ..� � ' - � � �� , i'ou. 25 q �, ,�,.��z�� e�. �,�-�.-:;.��. �.. � �.. �. , � CITY OF FRLDLEY PETITIUN COVER SHEET Petition N��. 14-1978 �ea June 1, 1978 �tition for a Four-Way Stop be put into effect at Gardean Ave. id Stinson 61vd. or a Three-Way Stop at Benjamin Street and Gardena Aven� tn sl�w down thP tnPPd nf traffi� nn Garriena Petition Checked By Percent Signing Referred to City Council Disposition � � Date n � 26 Rr:s TRt;FFIC iUN`1'ROL IYiAY 2„ 1;•7b 26 A TO s l�'inYOR IJIL1IAin J. N�r , CGt;NCIil+it_P+:Bit{ li�:IJIvI: SChN;:Ilic:R Ai�D FRIDLEY CI�1Y CULNCIL 6431 UhIVt�K�li'Y r�VL. I�1.., Fk1ULrY, i�:N. 55�32 w'�r '�Ht: liND�RSIGNhi�, rihs�-��tPUiLY ;i.�U�.S'P `i';i�.'I' n FCUt;-�rAY ::TOP �.:. 1'U`I' TNiG ::Fr..;CT ri`1' C;:;rii;'t:i;t� tiV�. Hitlll ::iTI\�(�iv ::IVll. WL liNLi:R::,TraNli rHtiT Ni�1 t;Rlut�'1OIV A�Ri:�:; `i`L �1hls 1r��T Y��R. Ir 'lhI� Ia I�70'1' PL;-;�I�1c, ti;r. 'r1uUL,L cct.��i,�2' �`1'tft�.�-s+AY ST�I- til LLNJr"�i::IN a7, nPdD UAHL��NA AVL. 'lU SI.��;� LUN1iV Thi a1-�.�L i;F' i]-ii. iRAi FIC GP� �ARlihfdtl r�'vL . 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D�,,.�..,I %�f; ____ _ ___ _ __ N_v-_ - �_ !Ur'.� • __ �u.�;._ f. ��`L"' sg 3 o s�:� ,,,, B��. _ _- _ _ __ _ _ --- _-- --- -- — -- - �: - .y� f r� --- --- - �'�_�'8�..%�'��.�J ��.--- ---- __ _ � f�� '� - �� _ -- - - -__ - - - - � f-�-" . f_l�,ho.-_ (.�I? �.�s_<'__ �;..�:.�l,u�-,-,-- __ _ i 5.� g__� <z k€..�,�a. . Cl.«� _ . _ _ ---- - -- - - � �,��-- -- _ _ , _ ._: 26 . k <-. , rt�y�,,�>-�.� `�'�� -G' ---. B r / �l � �, �� IT. „J�}, �� ✓<✓, _.._ _ __ __ , __ � __-- ,, , --- � _._-.- '� • 5 ,�_ � � � � �.��-�� ,,��'�a�' _ , � , � _.J� �, ..,/i�...,�� ;;.,r .c.�S'e.:��C-[�.`�GC �:-L= r-L�`t /!_-':�'...__---- ' . , . . .. .. . . .� . . . .. .. . . / . . ., . .�. ... -�,,.'"_..,: ___� • � " . CITY OF FRLDLEY PETITIuN COVER SHEET Petiiion No. 15-1978 Date Received June 1, 1978 object Petition for the Metropolitan Mosquito Control to spray for mosquitoes in the Nature Study Park. 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Boudreau, Director � Parks and Recreation CITY OF FRIDL�Y � 6431 University Avenue N.E.'. f Fr_idley, T�tinnesota 55432 � Tele�hone: 571-3450 DA7E: May 30, 1978 FROP4: Siah St, Clair . SUQJECT: Mosquito Control at Innsbruck Naturalist-Resource Coordinator Natural Area As per your request, I am investigating further the mosquito situation at Innsbruck Natural Area. Shortly after my April 6th memo to you on this same subject, I met with the P•letropolitan h1osquito Control District's county supervisor to visit the wetland areas within our property at Innsbruck. From samples taken at that time, the county supervisor indicated that only one of the marshy areas on our property would be a major producer of mosquitos. That particular marshy area was sor�e distance off the trail, making it difficult to use with groups. It was quite shallow and potentially would dry up as the season progressed. It also had no flow connection with any ' of the other marsh areas, and was adjacent to the housing area. For these reasons, I gave permission for that specific area to be chemical7y treated to remove potential mosquito pest problems. Within a few days it was treated. Friday, May 26th, I met with the director of the MMCD, Dr. Robert Sjogren and also with the county supervisor, to discuss policy and methods of control as well as to•visit the wetland area. Dr. Sjogren was very help- ful. He informed me that the MMCD has no recent records concerning mosquito population density for this area, or for where they would be originating. He also informed me that the primary pest mosquito breeding areas are those that regularly dry up - then fill again with rain. The only area we have like this has already been chemically treated. Dr. Sjogren emphasized that he stressed biological control wherever possible. (I described this in some detail in my April 6th memo.) He further explained that in areas where biological control can occur, it usually is all that is needed. � The MMCD has recently completed an environmental impact statement of their control methods, and Dr. Sjogren is sending me a copy so that I may study their data to determine what effect different control methods will have on the interpretive potential of our natural areas. At this time, it is my opinion that chemical control of mosquitos at the Innsbruck Natural Area would not appreciahly decrease the mosquito population, but that it would de�rease the value of the area for environmental education purposes. • SSC/ja �L- � � ; ' �-. i/ _,�_.,� f � •� . %* . � � . � � / ,i� ��'- � a'- . . �l,✓ � / i i , ;r „ . • ! , ; ,,G , t , l CA ...-;,t. {,�. . ij 27 C City of Fridley MEMQRANDUM T0: THE HONORABLE MAYOR, COUP�CIL MEM6ERS AND CITY MANAGER FROM: MARVIN C. BRUNSELL, ASST. CITY P�GR./FINANCE DIRECTOR SURJECT: LICENSES TO BE APPP.OVED JUNE 5, 1978 QATE: JUP�E 1, 1978 Shown below are comments regarding various tempo.rary 7icenses requested. 1. The Fridley Jaycees have requested that their carnival license and deposit fee be waived. Attached is a copy of the ordinance. There is no provision for fees being waived. 2. The Fridley DFL Club's request for a temporary food and temporary beer 7icense has been recommended for denial by the Parks and Recreation Commission. Attached is a copy of the minutes. ' 3. There are four organizations requesting that fees be waived for temporary on sale beer licenses. Attached is Ordinance Number 647. There is no provision for fees being waived in the new ordinance. 4. A copy of the ordinance stating that temporary food licenses shall be exempt from fee is attached. 5. Also attached are letters from the Jaycees and the Fridley Fire- fighters Relief Association. P1CB: td 0 29 28. CARNIVALS 2fi.01. LiC�nSe R�uiryd No person shall c�ive or maintain any circus or carnival to v�hich an admission is char,ed ur for which admission fees are char�ed for any individual BCIVI�IB^, located on the premises without securing a license therefor. ' 28.02. Application Appiication tur such ficense shall b� made to the City Clerk at leasi 20 days in advance of the scheduled date for such circus or carnivat. The application shail state the time, place and sponsors, or any otr,er information required by the City. 28.U3. Fees Ttie ficense fee and expiration date sha(I be as provided in Chapter 1i of this Code. 29 �, 28.07 License Fioquirad Appiication Feos 28.04. O�eration Operation Any operator or owner of a carnivat shall cor.duct said premises ard said eperations in a lawfui r�anner. He shall comE>ly with all r2yulations and statutes of the Stat2 of Minnesota. He shall not rr�aintain any n�isance or noise on said premises. H2 shall not permit any intoxicaTing IiQuors or any immoral conduct or practices to exist on said premises. � 28.05. Proparty Control Any operator or owner of a carnival sha{I control and direct the tra�fic and motor vehicles entering and leaving its preinises so that it does not interfere and block the orderiy fiow of trarric on the public high:vays adjacent to said premises. No irasli, paper cups, papers or �vrappers shali be allowed to be scatterecf on said premises. No bo!tles, bottle caps or metallic articies shall be deposited or allow?d to lay on tne drivz�.vays and parkinc� areas. No motor vehicles shaU sto� or park on the shoulders of the public highway in ihe immediate vicinity oi the said premises durinc� the hours the camival is in opera;�cn. 2Ff.06. Bond A bond of �?_00 wili ba required to insure proper cleanup of the premises fcllo�.�ing the removal of the camival operations. 28.07. Penaities Any violztion at this chapter is a r�isuar,iea ;or a�C is sab;�c? .o al! aenalties provided far sef�t� violatior,s under the provisions of Chapter 901 of this Code. , 0 Property Coniro! Bond Penaitiss Za-i 29 B Pr1R1CS � P.T:CREATIO.i COi�(��IISSION MEL'TING, MAY 22, 19�`� - PAC,E 6 Mr. Peterson stated it w�s his per.sonal feeling that Mr. i3oudreau's last alterna�ive was the best one and L-hat the P7eighbornood Council should be workir�� on it. He th�nked Mr. T�uer for con�ing before the Cormnission at the requesC of his councilman. rir. Tauer stated that he woulcl appre.ciate any help he could get and thanked the Ceuunission for allo�aing him to come to tne meeting. Sgt. Sprun�maz stated that Mr. Tauer should feel free to ca11 the police �ahenever there caas firecrackers or egg throwinb as this :.as vaadalism and, there.fore,a police matter. � B. Request - D�'L C1ub Tir. }3oudreau stated that the Commission had a copy of thi.s request £rom I�ir. Mike rlurphy requesting ti�e use of the concession buildino at Commons Park on �une 23. Tliey �•�ould be operati�zg the conc�ssion stand to sell beer ancl pop during ihe 49'ers Softball Tournament, Tir. 3',o>>.�Ireau st:ited this had been eadorsed by the 49'ers. He stated he cane �ack to the same old concern, what would 1lappen tile next year if the ottier political party request�d the same use. tahere should the line be drat,m? Mr. Pet-erson stzted that the Com•ni_ssio� had tried to be careful about partisa_?. groups, cah�ther poiitzcal pa�*ies or relioious organizations, having fund raisers in the parlcs. Ms. Piodig stated tt.at i_f the Com«ission was goin� to close the park to partisa�i graups, it sh�uld be closed to any organization (such as iioc�;ey Assoc ., Booster CluU , etc .) that �aas raising mone}> . Mr. Peterson stated tltat wl;en it c•��s loo�:ecl at froaz tilat standk�oint, there �aas an extreme difference bet�aeen the Jaycees, for e��ample, and a partisan political party, becat�se m�mhers of all parties, races, creec?s, reli�ions, etc ., �•i��re part of tne � aycces or�,a��zution ai;d ti�a o�her non-��rtisan or�;�rii-r.:tio:ts. The. pari; �J3� �rpei� for use by a11 partisniz �;roups for picnics, etc., L�ut not for fund ruiscrs. PSOTTO� by Betty Mect�, seconded Uy Robin Su?trbier, tha� the request by tl�e Fridley DFL Club to use the coi�cessioi� buiZdin� a� Coaunons Paric aiz 3une 23, 197�, for tlle sale of beer and pop be denied, tTpon a voice vote, all votin; a��e, the motion carried unanimousl}�. � C . Requc�st - Funcl Raiser Tir. I3ouclre�u stated tliis was a request irom Mr. I:�n Kocl� for tlle tise of Locke. Park on Au�ust 12, 197S, for a fund raiser ior Myron T. Rozmark, candid�.ite For Anoka Caun�y Auditoro .� 1 z�;�i:;:;> f;. t:�;c:i�i�::,�crr,�, r.��;T'Ti.S`�T.(�i`i 1^r�:r�.r.1.:�c; �;,�Y l2 1��7�� — )�At;t, 7 ___._- --------_`.__ ..�_____..—__.____�__ �.�_.—______ . _ _ � 1•tU'C�LI)P; hy I,c�c�nar.cl T�c�are, sE:condecl by I3etty 1�tech, L-haL- Lh� reclu�:st- f.or use of Lc�cl:c i:':�r1: on !•,t�f;ilsL 12, 1.97ij, Lor a f.t�nc1 r<.i:sc�r l�c c'c;nicd. Up�n a voi.ce vot��, �:11 voCin�; r�ye, ht�e moLiart carri.ed unani_��ousl;�. D. t•Ir. non liels�n - ri.el.d Per.c�i.ts Tfr. I�.el.sort r.efer��ncecl his letLex d�zt'c�cl �1ay 22, 1°iu, in �ahich he st:�tecl lie lia_c2 di_�cus:;ed �;iLh I�.r. Be�idreau the procecIur.es �or. usi.;i�; Flaner.�� Field f:ox' pr�cticc: by the littl� lea�ue ha:>eba].l team he cozcl��:l, t�ir.. Youdre?u h�acl e�.plain�.d that tlie fields 4�ere resc:rved by all coaci.es o�� a LS•lo week l>;�sis. i•Ir. 2�elsoZ sl:ated this �aas fine for the firsZ periocl, 1�u� j��i1 �:e czme i.n on 2�1ay 16 tc: reserv� t'tze field for th��.� ncs::t two-�.;��}� p�'-"i��, }�e found �ilci� a suustaii�i�1 �x�;�::nt of tir�e cia� bloc,.ed aut �or "F.ridle; Little I,C.1��L1G�' Z•�i.ttlout sp�cifi.c coa�hes rcferenced or t:%,� t�•ib-c:�_�c1<. tiM� l�ariod aclhered to. Thi.s ��7as furtl�e; comj�)_icated �.�hen his assistant CO2Ches ol�sec�ved tha(: m,_;2y' of the ni��hts reservc�d b� the "I'ridle}� Little Le��,;:!e" t��ere not Ueinb iised. Since lie, his assi.stant coaches, a_Zd p�e�o:ninanLLy tile tean �•.ere I'riciley resid�nts also pla�'lll�� Iittle lea�ue �a].I, he ,aas rz.r�uesL'lIIo tht� s<1me rr.ivile�es to schedule a Lired practice night at Flaner; ior his Leam. Thcy caere asl:ing for equal consideration. . r;r. Pet-erscn as?:ed c��hy the boys did r.o� use the Fridley T.ittle League when they J_iced in Fridley? ' P•,r. Nelson s�ate:l th«t tLey �aere in Scl�ool D?si:ric� 16 an.d th�re i•�as i�o co:�u��uaicata.on throu�;h the schools encouragin�, the boys �o do that ar.cl, of coilrse, their interest �,ras �aith tiieir ^CTil school distr.icr. ile did not thir.k ii t�as fair to discririinate a�:inst ho�a ti:e chilureu c'cio,e. r11 .��t'-i=(.L'SOri St31:E:C�{ t1B �t�'2C� SC,ite ��I'O�i��lll8 [dli:il L'.i 3`" TIl �ii:]�S �%^Sr� 111 r(.'=�1115 o� the hocl:e5� and b� set�all pro�rams , if th� chi7.c'ren h::d c,:osen to play in Spri.n;; La?ce Yarl:, for e�:a�npl.e, that �,as fine; bt�Z l:e obj::ct:.:-ci Z�ary stro,zgl} Lo sa}'in� �liat Fridley had t.he responsibility to furnisli f��cili�ie:; ior a pro�ram that t•:as operatino ot�t o� a;zother co�r��nity . 1`1T'. �E'.1SOil Si=drE'_Cl t:tl�l� 21�i �1�� «<1S askin�; fOz �iU`.i �.CjU11 CUi1S1::E'.Tc �1017 c'311C1 that e��en t_he ��r.i_dle�- i,? �C�� Lea�;ue coaches sl;:n:1.d adh��r�: ta the pol.icy 111i1 ClYi�i. 1:1 �if:C� 5:.��P. lln {C� ttJJ LdtC?:CS . `�.i1E'. j?1'Ot;l n;il ��i2fi �ill�i= t.11@ �'.l�:j' O� �'1'1CTY.i'_j' �lcl�l °>1:lIttGR ��.)�.�ii1�C�,C i)�.I"�i!Ii: t:U i"ll� �'�I1CllC'.)' Z,2L��i'. I.E<3�;i:e 1-or li�e montl� Ui Ti.'1�'� SO Lt1L'. j:ZL�C7S �Je:L'C Slhlll'Cl ll� fpl }ll:�E: lilC1::':: ��1 iiii:E.' i:ll�tt �Ye�-e not ot�l.}� not bea.n;; us:�u, buC it hecnme discri.minator}' since tl�e sar:a polici.es �:��.rc not Uein�; follo��ed. TSr. Y�tei-�on ; t:ated ttiar tl�is polic}' ��?s si.�,ned ancl agreed ro by the C.ir�� Cout�cil r.l�n�* ye�rs a�;o �vith the LitCl� I��n�u��, bec�use it ��as z cir.y pro�;ram All(� open to all l�r._ictiey resid�c�r.s. TIr. Fio�ldr.au stal'ed thnL in his CC)11Vt'I's:�tion tvi.Ch �fr. N��lsoa, he h:ici Co1.ci TIr. Nel.son ChaC ficicis could Ue reservc:d iu :► qu:�st to tr1' 1nd �ulfitl Ci�e S��rin`; Lal:e P;�rl:/Bl.line r�qucst, hut .it Lhe L-ime ot the rc�q�iest, t1ie� ciLy clicl ilot l:no�a �ol�zt ils fi�:ld usage woulil b�. Thc ciL-y wc�i►lcl make: iic�lds 29 C -;,r,,- �� i i j oRUi�inrace r;o. �n� l�l cfinNZ�� c:o2, SECTJ0�1 11.1U AN UkDIIlAPJCE ESTP,[3LiSHIt:G CII.PTER 60? OF TIIF FkI01_FY ,CITY C01)'t [flTTTL[D "EFER LICF(lSIt;G" A�tD REE7EAL1(+G 7HE f'RESE:tIl GNP,PTER GO'L [fl�I fL�� °E;FEk LICLtiSIi;G" lid 1TS Etd��IRETY; Ai1� Ai•tEfJll;tlG CHAP7fR 11, SLCTIOPJ 11.1U OF� SI�.ID CODE RELATIt�G 'f0 IICEfISE FEES THE CITY COUftCI� OF TfiE CITY OF FRIDLCY DOES ORUAI�� /�S FOLlO:JS: SECTIOtJ 602.01 Uifinition of Ternrs Subdivision 1. Beer. As used in this ordinance, °buer" or "non-intoxicating m�lt liquor" r�eans -any malt beverage �•;ii:h an alcoholic cor.tent of u�ore than one-haif of one percent by volume and not more than three and tti�o-tenths percent by +�reiyht. Subdivision 2. Tavern. "Tavern" means an estUblishn,ent for the sa]e of beer, ciqars, cigarett�c,all forms of tobacco, beverayes, and soft drinks sold at retail for consun;ption on the prernises. Subdivision 3. Entertain��ent. Entertainment as herein used �is d�fined to include, but not be limited to,'niusic, sin9ing, plays,.dancing either by the pu�lic or performers, motion picturFS, ex�osition, performances> male or fe�r.ale revie�•�s, fashion sho�rs, T'1 other than regular pi�blic channels, conc�.rts, or any other deliberate act intended to a��,use or entertain pat�`or�s and/or empioy�es. SECTION 602.02 License Required Subdivision 1. Licenses. tdo person, except �•�holesnlers and r�;anufacturers �o � the extent authorized by lav�, shall deal in �r d:spose of by gift, sale or + othen�r�se, or keep or offcr `or sale, any beer �•�lthin the city arith!?ut first naving ' receive�! a license as hereinafter provided. Licenses shall be of tiiree kinds: ; (1) Ree�uTar "on-sale"; (2) Temporary "on-saTe"; (3) "Off-sale". j . i Subdivision 2. P.egu7ar_On-Sale. Re9ular "on-sale" licer,ses sf;all be granied only to bona fide clubs, taverns, exclusive "on-sale" lieuor store;, restaur�:nts, and hotels �•rhere food is pi'E;�at•ed and ser•ved for consu:nptiun on ti�� re.,�ises. "On-sa7e° ]icenses sjaal] penr.it the sale of beer for ccnsir::�ption o�� the pre�.�ises only. � Subdivision 3. Ten;pot_ary "On-Sa1e". Temporary °on-sale" licens�� shall b•� granted only fo boria fi�e c1u'bs �iiiJ ci}arit:able, rc:liqio!n, aru'• nr�n-,�ro(it org�r.i- zations for the sdle cf beer for coi�sumption on tFie p7 en�ises �n?y. Said temporary licenses shall be gr•ar�ted uE:on ��ritt.cn an�licatinn to tk;� cit:, co�incil u!;c;n fnr•r:; provided by the City. The p��avisions of Ch-ipter Fl, Fr�idley City Code, as a,:plicaf�te, Shall be observed by said non-profit oi��:nizatioi�s. Subdivision 4. Off-Sale". "Off-sale" licenses shall rc�rmit Lhr_ s�ile of bcer dt retaii, in ihe oi�igirlal pacl.a�e for consum; tio+� c(f ttre pre:nises on�y. SECTIOPd 602.03 License A�plicatians Every application for a license to sell heer sliall t,c �ii�cie tc the city cTer•E; an a . fiot�m supptie:�t t�V the cit:y and containing such irt�urn:atior, as the. cler�: c�r tl�e ! city council r:oy require. It shall Ue unal�;rful io n��ke any false state�nent in ; an application. ' S[CTION 602.04 License Fces � ----- i Subdivision 1. Pay�nent Required. Each appiicatic�n for a Ticc�n;e sha11 be � dCCOmpanied by a receipt fro;,i'the city treasure�- for pa}^•ncn� in full of the • required fee for the liceruc. All fecs shall b^ paid into the gen�i•al fund of �` the city. U�on r-ejection of any application for a license, the treasurer sh.11 refund the amount paid. Subcfivision Z. EXI)ll.i1�1011: Pro Rat� f'ee�s. Ev��ry licer,sc e>:cept a te.�iaorary license shalt expir� on t!�:� ia�t c!ay ct �pril of each yc�ar. Each liccnse c�xcept a te��porary license shall be is�ued for a E�eriou of one YeZr, except that if � portion of the license yea�� has elaps��d �•rhen the licr.n.e is qranted, t.hC license shall he iss�ed for tf;e rc��airdc:r of thr y��r f�r a{:rn �•ata fee. In computing such fee, any �mexpit•ed fraction of a mc�ntn s'i�ill h� ca.�ntecl is one �r,or�th. (� te�E�porary license shall he issued fo�� sF��ific periud in which a sp�rcial event to which Lhe salc� is incident is beii�g hr.lcl and s!ich period shall be stated on the iicense. 29 D ]�2 0�•dinance tio. G47 (Con't) Pa�e ?. Subdivision 3. Fees. Every "on-sale" license shall include an "off-sale" license. Each "on-sale" liccn;e fee sh,�ll include an "off-:.ale" license at nn additional expense. Tf�e anr�ual �nd temporary liccnse fees and initial inve>tigation fee shall be as provi�led in Chapter 11 of this code. �S[CTION 602.05 Grantinq of License Subdivision l. Investiqation and Ilr�ar�ir,,. Thc city co�mcil, or its authorized agent, shall inve�tiyate�all facts set oiit in the a��plicati�>n. Opportunity shall be yiven to any person to be heard for �r a9ainst tl�e yranting of initial "on-sale" licen5e. After such investi��ation and hearing, arhere �pplicable, the council shall grant or refuse the application in its discretion. Subdivision 2. Transfers. Fach license shall be issued to tne a�plicant only and shall not be transterable to another holder. Each license shall be issued only for the prer�ises descr•ibed in the application, t;o license may t;e transferred to another place ti�ithout the approval of the council. SECTIO�J 602.06 Persons Inelic�ible for License No license shall be granted to or held by any person �•rho: , (1) Is under 19 years of age; (2) Has, �•rithin five years prior to the application for such license, been convicted of a felon�, or of violatiny any law of this state or local ordiriance relating to the manufacture, sale, distr;bution, or possession for sale or distribution of intoxicatirg liquors or beer, and cannot show competent evidence under i'innesota Statutes, Section 364.03, of sufficient rehabilitation and present fitn�ss to p�rform the duties of a beer license; (3) Is a manufacturer of beer or is interested in the control of any plae? t�rtiere beer is manu�actured; (4) Is not of good roral character and repur�; if the anplicant has been an o�,rner, mcina�er, or einployee of a saloon, f;otel, restUurant, cafe, tavErn, oT� other bu;iness oP a simil4r nature, the city co�incil may eonsider the applicant's pa,t. perforr�ar;ce record in determining ►rhetf�er a license sha]7 be r,ranted ��• rene��ied. (5) ts or dur•iiig the period of this license beca:�es tne holder of a f�der�al retail liquor dealer's special tax sta,np for the sale of intoxicating liquor at any place, unless tfiere has also been issued to him a local license to sell intoxicatin� liquor at s��ch place; or (5) Is not the proprietor of the establishment for 1•rhich tne license is issued. SEC.TIOid 6Q2.07 Places Ineliqib�e for License Subdivision l, Dist�nce from Schaols an:i Church^s. Plo license shall be cranted for any pl acc �•ti tfii n 300 feet of any pu�il i c or �arochi al school or �;i thi n 300 feet of �m� church, In applying this restriction, t:he distance shall be measured �n a stra�ght lin� frem the scho�l or church building ta the rlain �.��blic entrar:ce of the prec�ises described in the application. Subdivisian 2. Pio license sf�ail be 9ran*.ed for cperation on an�i prer,�ises «pon �•rhich taxes or assessr;�nts or other tinancial clai�� of tne cit;� E�re delinquen*_ and ua�aid. • ' SECTIOP� 602.03 C.onditiors of License Subdivision l. Gencral Cor.ditions. Every license shall be c�ranted subj�ct to the conditions in the f�llc:r'i�i� subclivisions and all other provisions of this or�dinance and of any oth�r applicable ordinance of the city or state law. Suydivision 2. Sales to 1•,inors nr Intox.icated Pe��sons. !Jo beer shall be sold or served to any inEoxicateJ person oi= to any {iersoii uiider 19 years of age. Subdivision 3. Con�umption_by t•tinors. beer on the licensed j�remises.^ ^ Subdivision R. Eraploymc�nt_of_Ftinors. the prer.iises of a t�ivern. ' '� t;o minor shall be permitted to consume P�o person under 19 shall be employed on . .� . , •� 29 E // w� � '�;.N"t .� I r � � , Urdinance tlo. 647 (Con't) PE�ye 3 Subdi vi si on 5. Gambl i itq_, tlo gambl i ng or any ga;nbl i rg devi ce sha 11 be perrii tt�d on.any licensed preinises. . Subdivisi�n 6. Interest of MinufacYur�rs or l�lholFs�tler . �10 manufacturer or riho)esaler of beer.shall have�an� o�rner_,hip of or in,erest in an establi�hment licensed to sell at retail contrary to the provisions of „inne;ota Statutes. � � Section 3�i0.031. tlo retail licensee and c�anufactur�er or orholesaler of beer shall � be parties to any exclusive purchase cor�tract. t;o retail licensee sl�all receivz , � any benefits ccntrary to la�;r from a manufacturer or ��rf�ol��saler of beer and ro such manut'acturer or ��;holesaler shall confer any benefits contrary to la:� upon a retail licensee. Subdivision 7. Liq_uor [)ealers' _Stan;p. Plo licensee shall sell beer v;hile holding or er.fiibiting in th�� licensed premises a federal retail liquor dealer's special tax s tamp uul ess he is 1 i censed under the 1 a�•rs of hti nn2sota to se11 i ntoxi cati rg . liquors. • Subdivision 3. Sales of Intoxicatin� Liquer�. tio licens�e �•�Fio is not also licensed to s�il infior.icatirg liquor ar,d �ri�o c'oes not hold e. "public drinkir,g p7ace license" shall sell or permit Lhe consu,�iption and risplay of intor.icating ; liquors on th� licens�d premises or serve any liquids for the purpose o� riixing , with intoxicating lic,uor�_ The presence of into7:lCdtlllj �1Cl:ors on the p;-er.iises of such a licensee shall be prima facie evider.ce of posses;ion of intoxicatir,g lic�uors for the purpose of sale; and the ser�ving of any liquid for the purpose ' of mixin� �,itih intoxicating liquors sha11 be prirna facie e�:�idence i:hat intoxicattrg liqu��r• is being purmitted to be consu�aed or display�d contrar•y to this ordinance. � �� j. �.,, ; Subdivision 9. Ins��ection. Any police officer or healtn inst�ector may en�er, inspect �nd search the premises oi` a licensee durin� busir.ess hout•s i•�itF��ut a search Afl(i 521ZU1"e k7d1'1'clili; iilld Ilidy SP.IZE' 8�� 111t0,'<lCdtll?^ �iCj4f)1'S c'll,� O�il"t" FVIGC�CC ' of viol�tions fow�d ont►;� iicensed prernises in vielation c� this ordinance. Slibdivision 10. Licen;ee I?es�onsibility. Every licc�n�ee siiall t�e responsible for thc eoi�duct of his f�]�ce of business and sha]) mairteir� r.o�adii:i�ris n` so`_�riety � and oi-der. The act of any employee on th� licensed prer;i;es aut.ho�•izecf to sell or serve beer• shall be dc�emed tfie act of tiie licer�>°e a; •;;crl1 ai�d the license� � shall be liable to a11 penaltic:s provide� by this orc!ii�;nce eq;;�lty with the em��loyee. SECTIOtJ 60?_.09 Hours. SuUdivisiort 1. Closing 11o!n�s. No s�le of bcer shall be r�acle on any Sun�aay beta+een the hours of 1:(10 �i.ri. and 12:00 noon, not' t�et�:�een the hoin-s of i:(l0 a.r,�. � and &:00 p.m. on the day of any state�•�id� electio�l. (;-i sale si;all be i�e,de bet�reen the hours of 1:00 a.m. and £:00 a.r.i. oi� any oth_�r �ay. Subdivision 2. Remainin;7_c�n ('rc��iises. It sh:tll be �mla�,•,ful for any p�rsons or custoa�ers, oi.tier'than t.h�r ticentee o�� f�is c;r:,�lo,�.e;, to i�e:�,airt on the pr-::��is�-s , after }:30 a.rn. Tfiere sfiall be no con;u;;;pti�n by �in,;� per•sons, incl«d�irq� ih�� I1CCt1SE8 or his employees� dfLE:r l: �U a.r�. � � S[CTION 602.10 Clubs. Ho club shall sell beer exce��t to member� and to guests in the cor�pany of m��bers SECTIOi! 602.11 Festrictions on Purchase and Constr_i�tion. � ---- ---------------- — � SUbdivision 1. tlge raisr�j�rc�;entation the �aurpose of obtaining bcer. Subdivision 2. ]nducin� Purcf>>s�. or procurc beer.� ` T� � ' . t;o mi nor sh�� ;1 e�i srepres;�n t: hi s age for No per•son sh�l1 i nduce a mi nor to � urct;ase I � � I I � � � � � i . � . � i r � � ; i ; 29 F ._ . . �..:_ ! .11 � � Ordinance tao. 647 ; �� i i . . _.. _ ._.__ .1 , ; Subdivision 3. Procur•crnent. Plo person other than the parent or lE.9al guardian shall procure beer for �iny minor. Subdivision 4. Possession. Pto minor sfiall have bt�er in fiis posses,sion ti�rith the intent to cansurie it at a�place other thaii the household of his parent or guardian. Subdivision 5. ComsumLtion. P�o minor shall cons�.��e beer on the licensed preinises. ! Subdivision 6. I_i_ uor Consun�tion ind Di�l.av. No person sha11 consurne or display any intox.iCatinc� liGuor on thE� pre�eises of a iicensee unless said licensee is also 1lceru ed to se�l intoxicatin9 liquors or holds a"public drinking place license". SECTIO�J 60?..12 Entertainment License Re<cLired. P�o person operating an establishment in t:he business of selling, permittittg to be displayed or consumed, :n intoxicatin9 liquor or non-intoxicating malt liyuor, shall permit any entertainment on the preriises �•rithout haviny secured a licr_nse to permit such entertainment from the city council. SFCTI0�1 602.13 P,evocation. The violation of any provision or condition of this ordinance by a beer licensee or his agent is grou�,d for revocation or suspension of the license. The license of any persan :�rho h�llds a federa] retail liqu�r dr_aler's special tax sta�n��•iithout a licen;e to sell intoxicating liquors at such place sh�ll be re.vo�ecl �vithout notice and �;�ithout hearinq. In all ottier cases, except t�ihere mandatory revocation is provided t>y 1,��•r ��i thoui notice and hearinq and except where su5pension may be made ��ithout a helrinq, i��e hold°r of the license shall be qranted a hearing upon at least 10 days notice before revocation e�� suspension is ordered. The noi:ica� shall state the time and place of t:he liearing and the nature of the chai�yes against the licei�see. SECiIO?I 60?_.14 Investic�tion fee. Chapter 11 of the c�ty code st�a'l be a�r.ended by stril:ing the ��eference to a $25.00 transfer fee. The Chapter 11 sh�ll be further amended ��eadding the follotiving: Code ri S�.�bject �p2�`— On Sale Seer �35.00 Investigatiun Fee SECTIO,! 602..15 Repeal. Chapter 602 of the fr�itlley City Code is hereby repealed. PIISSED AiJD ADOPTED [3Y TfiE CITY COIPiCIL OF THE CITY OF FRTDLEY TtfIS 16TH Dr1Y OF F1AY, 1977. ATTEST: CI fY CLFRK - ht�\;iVIti C. GRUUSFLL� ^ First Reading: F1ay 2, ]977 ' Second Readin9: Flay 1G, 1971 Publ i sli. ....... �•1ay 25, 1917 t•;��`'OR - tdILIIAP-1 J. PJEE � n 29 G � i ; ��"q 111.02. License Required No person shaii operate a food establishment or engage in the business of operatir,g any of the following types ot enterprises within the corporate lirnits of ihe City, �nless a license of the appiicab�e typa t�erein describsd shali have been obtained therefore pursuant to this chapter: ��Food establishment ' Itinerant tood estabtishment � Packaged Food establishment � Readily perishabie food vehic(e Retail Candy outlet Retail Candy Shop Retail Ice machine Vending machine = ` . �_/ - VJhere the business consists onty of a packaged food esiablishmenf, Retaii Cardy outlet, readily perishable food vehicle, retail candy shop, retaii ice machina, itinerant food establishment, or vending machine,i a tood est�blishment ticense shall not be required in addition. � tNhen five or more readily perishable food vehicles are op2rated by the sama person in the same business, o� erating at least partly in the City, may obtain a f�eet license therefor in lieu of a separate license for each veh'scla. If such tleet license is susp°nded or revohed, such susp°nsion or revocation shalt affect every v�hicte licenses thereund�r. 117.G3. Application ine app(icant shatl state the foltowing ir� the application for a license: r � / ';�':� i. His name, ,/ ✓ �"�'i� 2. His business address, it any, and his home address, 3: The address of 1he premises to be ficensed. or the address of the pramises �•: here the vendirig machine is to be located or the fo�d vehicie is to be kept, 4. The type of business to be conducted on the prernises, or the kind of food to be sold by the vending machine, or the use to be made of the food vehicle, and the generai araa �:rhere it is to be operated, 5. A general physical description of the premises, vending machine or feed v�hicie, 6. A pian of the premises or a diagram of Ihe vending machine and its manner ar op°ra;ion, or a diagram of the food storage parts of the vahicle, 7. The identifying serial number of the vending machine or tood v2hicle, 8. The suppiier of th� articles to be scld in tha vending machine, and the address ot the premises �vhere tha ar;icles to be sold by ihe machine �re plac�d in the machine, unless the machire is to be fitled wh�re it +s to D£ IOC72P.d; and $. n �ist of ali food licenses or permits held by the applicant at the time applicatior in a�y cii}• or village in any I state, or issued to him during the procedinc� tt�ree y2ars, with a stateman; uf tt;e facts concernirc the s��spension or revocation of any such Ifcenses or permits durin� �a�d neriod. 1i1.0�1. Exemptions Govemmental s�bdivision, charitabie institutions, houses of worship servinG their orrn congrega;ion, empioyees' coff�e rooms, school lunch rooms and cateterias, or street venders operat��d by parsons ticensed by this City, and patient food services in haspitals shall not be required to pay the Ilcanse fee, but shall ebtain a licens� and shall be subject to all othe+ r�:qu'tremenis ot this cht�ptet. 111.05. Fess The annual license fee and expiration date stiall be as provided in Chapter 11 of this Code. 111.06. Inspaction The Health Authority with approvat of City Mznagcr may ins{�ect food establist�ments situated outsid�: tha corporate limits of tha City which se11 or otter tor sale, ar distribute any bod to persons licensed under this 29 FI ,,,.os License Required Apptication Examptions " � �- �� Fees inspection 111-3 ;� �E"'Bf� 29 I , <<. .-�,, � � �� .�. � ''g � ;, ..� �` �',TEp's� �AYCE�� F'RIL7L1�� s�Y� ��a BOX 32004 • FRIDLEY, MINNESOTA 55432 April 28, 1978 Fridley City Council 6431 University Avenue NE Fridley, Minnesota 55432 Re: Jaycee Carnival Dear Members of the Council: As a part of Fridley `49er Days, the Fridley Jaycees will once again sponsor a carnival, the Wm. D. Stanley Shows. This is the same show that we have used for the past several years. This years carnival will run from June 22 through June 25, and will be held on the parkir.g lot at Columbia Arena. Once again, we would Iike to sell beer and some sort of food at a beer tent at the carnival. We ask that you consider granting us a permit to sell beer and food and that the fee for these permits be waived. We wi11 apply to the Anoka County Comprehensive Health Department for the necessary permits. Our organization carries a liquor liability policy through the Minnesota Jaycees and �ve also carry a liability policy covering personal injury, pro- duct liability, ete. In addition, we are named as a co-insured on a liabil- ity policy carried by Stanley Shows. Stanley Shows will arrange for the necessary police protection on the grounds. They are also responsible for obtaining any permits that they might need to operate. We are arranging for garbage disposal (daily) and for portable toi- ].et facilities. If needed, we ask that we be allowed to obtain water from a hydrant adjacent to the site, and that this be provided at no charge. The contact person for Stanley Shows is: Mr. Bob Flanders, 4338-42nd Avenue South, Plinneapolis, Minnesota phone �E722-8666. Thank you for your consideration of the above items. Your cooperation and assistance in the past is greatly appreciated. Sincerely, , � � `,/ Scott Schofield General Chairman 757-1016 "Leadership Training Tfrraugh Con:munity Development" �l,EM � �? �, ..,�,, :�� °� , ,: ��..� ..� ��'eo s� �AYC EE5 �RiC�L� �AYCE�S May 30, 1978 29 J BOX 32004 • FRIDLEY, MINNESOTA 55432 Fridley City Council 6431 University Avenue N.E. Fridley, P7N. 55432 RE: Letter of April 28, 1978 Dear Members of the Council: As was indicated in our letter of April 28, we w�i1 sponsor the bJm. D. Stanley Shows, June 22-24, at Columbia Arena. However, that letter was in • error regarding permits and licenses for the carnival to operate. In that letter it indicated that Stanley Shaws was responsible for all permits and licenses. After iooking at our contract and talking with Stanley Shows, it seems that the Fridley Jaycees are responsible for securing all permits and li�censes. l�le would ask that the Council consider waiving the fees for the neces- sary permits and licenses or considerably reducing the amount of the fees. We ask also that the $200 deposit not be required. We feel that we have done an excellent job of cleaning the grounds after every event that we have hosted whether it be a carnival or a softball tournament. We have provided the License Clerk with a Certificate of Insurance for one million doliars carried by Stanley Shows naming the Fridley Jaycees an� Anoka County as cQ-insured. Thank you very much for your consideration of the above. Sincerely, . ,. Richard F. Young � "Leadership Training Through Community Development" �1 `■ � �� FRIDLEY FIRCFIGHTERS t�ELIEF ASSOCIATION ' � ., � . . Fridley, Minnesota f '`� . � January 17, 1978 ' Honorable hlayor and City Council Mr. Nasim Qureshi, City Manager Gentlemen: The Relief Association of the Fridiey Fire Department is sponsoring it's 3rd Annual Softball Tournament at Fridley Commons Park on June 9, 10 and 11, 1978. I have been asked by the committee to request the issuance of a license to sell 3.2 beer as part of this tournament. It is also the intention of the Association to provide insurance protection under the State Dram Shop statute as Uae11 as an adequate amount of public lzability insurance. Your favorable consideration of this request would be appreciated. Thank you for your cooperation. Very truly yours, C� � �� . � Charles McKusick, President Ch1cK: el y - �e.- �� 291C � ; : -� � - 0� 29 t 0 F.OR CONCURRENCE BY 7HE CITY COUNCIL - LICEPJSES " June 5, 1978 Type of License �:� Approved By: Fee: CARNIVAL � ' � • Stanley Shows, Inc. Fridley Jaycees James P. Hill asking fee P.O. Box 1421 Richard F. Young Public Safety Director waived Hot Springs, Arkansas . Carnival to be held at the Columbia Arena from June 22nd thru June 25th. TEMPORARY FOOD Fridley DFL Club Fridley, P1n. Michael J. Murphy 5840 E. River Road For: 49er's Softball Tournament dated June 23, 1973. Fridley Jaycees P.O. 8ox 32004 Fridley, Mn. 55432 Kurt A. Schrupp Steven J. Olson Health Inspector Steven J. Olson Health Inspector asking fee waived asking fee waived For: 49er's Carnival to be�held at the Columbia Arena from June 22nd thru June 25th. Fridley Volunteer Firefighters � Steven J. Olson asking fee ReYief Association Charles h1cKusick .Health Inspector waived 6431 University Ave. P1.E. • � Fridley, P�n. 55432 . For: The 3rd Annual Softball Tournament to be held at Corunons Park dated June 9, 10, and llth. Tiger Hockey Booster Club Harold Swanson �Steven J. 01son asking fee Fridley, Mn. � 6064 t�loody Lane N.E. Health Inspector waived Fridley, P1n. � � For: Softbal.l Tournament at Commons Park dated August 25, 26, and 27th. TEP1POP.ARY ON SALE 3.2 BEER Fridley DFL Club Fridley, P�n: P�li chael J . Murphy 5840 E: River Rd. For: 49er's Softball Tournament dated June 23, 1978. Fridley Jaycees Bax 32004 Fridley, Mn. Kurt A. Schrupp James P: Nill asking fee Public Safety Director waived James P. Hill asking fee Public Safety Director waived . For: 49er's Carnival to be held at the Columbia Arena from June 22nd thru June 25th. . Fridley Volunteer Firefighters James P. Hill asking fee Relief Association Charles McKusick Public Safety Director waived Fridley, Mn. 55432 • For: The 3rd Annual Softball Tournament to be held at Commons Park dated June 9, 10, and lltl�. ■ =1 !' �� - � F.OR CONCURRENCE BY THE C1TY COUNClL — LICEPJSES 29 M June 5, 197II Type of License: �: � Approved y: Fee: TEMPORARY ON SALE 3.2 BEER . Tiger Hockey Qooster Club Harold Sv�anson James P. Hill � asking fee Frid]ey, h9n. 55432 6064 tJoody Lane ��.E. Public Safety Director waived Fridley, Mn. 55432 � For: Softball Tournament at Commons Park dated August 25, 26, and 27, 1978. CIGARETTE Beyers Texaco 6071 University Ave. fd.E. Fridley, h1n. 55432 Holiday Station Store 5807 University Ave. Pd.E. Fridley, h1n. 55432 Hudson Oi 1 Co. of Del e��vare 7300 tiigiiway �65 PJ.E. Fridley, h1n. 55432 h1etro 500 Service Station �701 University Ave. fJ.E. Fri�ley, P�1n. �5432 Q Petroleum 6101 University Ave. ��.E. Fridley, P1n. 55432 FOOD ESTABLISHP1ENT Holiday Station Store 5u07 University Ave. fJ.E. Fridley, P1n. 55432 . Douglas Anderson Erickson arothers Jean B. Robertson Koch Marketing Co. P.on Eros Metro 500 Inc. R. D. Johnson Q Petroleum Corporation f�larl i n R. Bes 1 er Erickson Erothers Jean B. P.obertson h1oore Lake Beach Concessions 59th & Central Ave. PJ.E. C. A. 6oudreau Fridley, htn. 55432 Q Petroleum 6101 University Ave. Pl.E. Fridley, P�in. 55432 SERVICE STATION Q Petroleum Corp. f•1arlin R. Besler 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 Cirector Steven J. Olson . tlealth Inspector Steven J. Olson Heaith Inspector Steven J .. O1 son Health Inspector Beyers Texaco Douglas Anderson Robert D. Aldrich G071 University Ave. N.E. Fire Inspector Friciley, h1n. 55432 Darrel Clark Building Inspector 12.00 12.00 12.00 12.00 12.00 25.00 exempt 25.00 .� �� F.OR CONCURRCNCE BY 7HE CITY COUNCIL - LICEPJSES Type of License: �:' Approved By: SERUICE STATIO�J Hudson Oi1.Co. of DeJeware 7300 Highway #,65 N.E. Fridley, h1n. 55432 h1etro 500 Service St�ation 5701 University Ave. P�.E. Fridley, Mn. 55432 Holiday Station Store 5807 University Ave. PJ.E. Fridley, h1n. 55432 Q Petroleum 6101 University Ave. N.E. Fridiey, Mn. 55432 Sam's Pro Service 7250 Central Ave. PJ.E. FridTey, Mn. 55432 TAXI CAB Columbia Heights Taxi 903 40th Ave. N.E. Columbia Heights, Mn. VENDING MACHINE Anderson Trucking Co. 7600 Central Ave. N.E. Fridley, P•1n. 55432 Beyers Texaco 6071 University Ave. N.E. Fridley, Mn. 55432 Koch h1arketing Co. Ron Er.os Metro 500 Inc. R. D. Johnson 0 Erickson Brothers Jean B. Robertson Q Petroleum Corp. Marlin R. Besler Sam Giddings John E. LaMont Gold P1eda1 Beverage Co. Luci tdi 1 kerson Douglas Anderson Central Dental Laboratory Inc. 5G01 4th Street N.E. Robert Jaeger Fridley, Mn. 55432 Fridley Tire � Brake Center Brake Vending 1910 Osborne Rd. PJ.E. Roger Brake FridTey, Mn. 55432 Robert D. Aldrich Fire Inspector ; Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector . Darrel C�ark Building Inspector Robert D. Aldrich � Fire Inspector Darrel Clark 6uilding Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector James P. Hill Public Safety Director Steven J. Olson Health Inspector Steven J. Qlson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Holiday Station Store Erickson arothers Steven J. Olson 5807 University Ave. N.E. Jean B. Robertson Health Inspector Fridley, �1n. 55432 29 � Fee: 60.00 60.00 60.00 60 . 00 • 60.00 55.00 � 15.00 15.00 22.50 I5.00 30. 00 F.OR CONCURRENCE BY THE ciTY c�utvc�� - LICEPISES 29 0 T_ype of License: �:� Approved Ry: Fee: VENDING MACHINE � � Magic Swirl. Beauty Salon arake Vending Steven J. Olson 15.00 6369 University Ave. N.E. Roger.arake Health Inspector Fridley, t�1n. 55432 , Metro 500 Service Station Metro 500 Inc. Steven J. Olson 15.00 5701 University Ave. N.E. R. D. Johnsan Health Inspector Fridley, P1n. 55432 . Powdour Pouf Beauty Salon Sandy Bennett Steven J. Olson 15.00 6251 University Ave. N.E. • Health Inspector Fridley, Mn. 55432 � TR�E REh10VAL City of Fridley Parks & Recreation Dept. C. D. Soudreau exempt 6431 University Ave. N.E. Curt Dahlberg Naturalist Dept. � Fridley, Mn. 55432 � j f".OR COf�1CU1ZRt�t�3CC E3Y T1fE CfTY CdUNCiL' Llc�t�5':� . 29 p JU`�F: 5, 1`�7£3 GT�S CrF'ITCI�S , 11PPI20VEb F3Y . . }iayes Cantzactors, Inc. 1U10 Cuz'rie AVC!I111E! . Wllllc�Itl Sandin ' M].IlI7C�`s�iOliS� ru�1 55403 By: Richard Hayes PLBG. I-�TG. INSP. LcVahn Bros., Inc. 410£3 Lyndale Avenue NorL-h Willzam Sandin NLi.nneapolis, t•:,� 55412 By: Robert LeVahn PI�BG. HTG. INSP. GENL•'f2AL COi3TRl1CTOR • • � 1�.A-1 Builders & Supply Inc. � . . ' 1120 Payne Avenue . Darrel Clark St. Paul, bu� 55].OI • By: Richard Johnson COM. D�V. ADP4. Buzzell Builders ' . • 8325 Sunnyside Road ' Darrel Clark D9ou.rlds View, MN 55432 ' By: Charles Buzzell Jr. COM. DEV. ADM. � I , August Cederstrand Co. � ' 966 Central Avenue N.E. • ' ' Darrel Clark Miiuzcapolis, riN 55413 By: Doug Cederstrand '. COrS. DEV. ADM. Child's Construction Co., Inc. • • , • 3202 P:orth Rice Street . Darrel Clark St. Paul, :•II�I 55112 By: George Chi1d CbM. DEV. ADM. Andrew P. Gawel Contractors Inc. ' � 2422 Washington Street N.E. • , ' Darrel Clark �. Minneapolis,, h�I 5541£i By: Andrew P. Gak�el • COA9. DEV. ADM. . Richard Hastings Co. • � ' G331 Itiverview Terrace Darrel Clark Fridley, t•�1 55432 By: Richard Hastings COM. DEV. AD:i. • Hoqan Construction Co., Inc. • 1061 -].09th Avenue N.E. � � Aarrel Clark MinneapcZlis, DiN 55434 By: Jerry. Guimont COM. DEV. ADM. i,indstrom's Cleaning & Construction 775 Colorado Av enue South Uarrel Clark • Golde.i� Valleyr riN 55416 T3y: Robert Hennen , COP4. llEV. ADM. HEATING ' Como Specialty Company • 1608 Como Avenue ��est William Sandin St. Paul, riN 55108 By: Ron Pearsan PLBG. HTG. INSP. LeVahn Bros. ,. Inc.� • . ' . 41.08 Lyndale Avenue North ��illiam Sandin • Minneagolis, MN 55412 By: Robert LeVahn PLBG. HTG. INSP. 0 0 �/ f'� - LI CE NS rS �, ,,^.(",6R""�COP�CURRCI�CC DY Tf{E CITY COUfJCiL 29 Q �n1E 5, }-97F3 MA SON ItY � Circle Cemcnt Company , • • ' 8532 County I2oad 18 Darrel Clark Osseo, l�II� 55369 • By: Thomas Deiiey � CO2d. DL'�7. ADM. .. FiilZstram's t�iasonry ' ' 911 Sriest 47th Darrel Clark Miiineapolis, MN 55409 By: John. Hill COM. DEV. ADM. H. G Wagar Company,'Inc. • • ' 5940 Stinson Boulevard N.E. ' • Darrel Clark I'ridley, 2✓,i� 55432 By : Ii. C. Wagar COM DEV . ADM. WRE CKI 2dG ' • Herbst •& Sons 2299 County Road H ' ' Dazrel Clark New Brighton, NR�I 55112 . By: Dennis Herbst COM D�V. ADM. SWTMI�IING POOL 1200 - 72nd Avenue N.E. By: Ban Con Inc. � . STEV�N J. OLSON , 2345 [9oodbridge � Environme:ital Officer . �� St. Paul, MN 55113 , ' 5750-5800-5£360 East River Road By: Georgetowr. Court Apartments . 5750 East River Road N.E. �, - - Fridley, riN 55432 � . � • I .• � . « . 1 �G , 30 p F.�R CONCURRENCE BY THE CITY COUNClL - ESTI��TES `I�I;VF..�, 1_978 E.A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN. 55391 PARTIAL Estimate #10, Moore Lake Evaluation and Restoration Project NDH Asphalt 700 Tndustry Ave. NW Anoka, MN. 55303 PARTIAL Estimate #1 Stt�eet Improvement Project St. 1978-1 Street Improvement Project St. 1978�2 Street Improvement Project St. 1978-4 Logan & Styrbicki W-856 First National Bank St. Paul, MN. 55101 A.J. Chromy Construction Co, versus City of Fridley For i copy of the deposition Suburban Engineering, Inc. 6875 Highway No. 65 N.E. Minneapolis, MN. 55432 �'or prints and copies of Narris Lake Estates project $ 271.2� 145,248.34 49,922.73 13,725.10 84.30 16.10 ESTIMl1.TE 4110 May 12 , 19 78 Mr. Steven J. Olson Envi ronmental Offi cer Ci �y of Fri dley 6431 University Avenue N.E. Fridley, Minnesota 55432 !. , , STATEMENT r 545 Indian Mound Wayzata, Minnesota 55391 (612)473-4224 Re: Moore Lake Eval uati on and Restorati on Project - Consulting Agreement by and between the City of Fridley, Minnesota and Eugene A. Hickok and Associates dated March 14, 1977 Professional Se rvices - April, 1978 TASK II STORM SEWER SAMPLING 1.0 Hrs. @ $32.00/hr. _ $ 32.00 9.0 Hrs. @ �16.00/hr. _ $144.00 6.5 Hrs. @ $14.00/hr. _ $ 91.00 $2b7.00 EXPENSES Reproducti ons � 4.za TOTAL --------------------------------- $271.20 r , � r`�` . �� ` � � ; C� i , � . '� ; � _ , ,...�-- .., ri , .. -.. . . INVESTIGATIONS • REPORTS • DE51GN • R[SEAFiCH 0 �0 A � PARTNERS: L4GAPJ � STYRBICKI VERN J. LOGAN COURT REPORTERS ►nvoice No. LEO J. STYREiICKI JOHN E. STYRBICKI BERNARD A. LILJA 291-1095 20, 520 ADRIAN J. LAVALLE GERALU D. SCHISSIER GLENN J. MARES ROBERT W. WALSH Empioyees PATRICIA K. CARL • �ticntification No. 41 6143508 SOLD T0: Ts�tr. Vir�il C. Herrick Attorney a� Law 62'79 University Ave. N.E. . Fridley, Iti'iN DA TE R2ay 10, 1978 lTEM I AMOUNT RE; A.J. CHROI+�''Y CONSTR. C0. v. I CITY OF �IDLEY, et al . ��27 & 4-28-78 For 1 copy of' the depo. of R OBIs'R T P. I��2I T�TDE� & t�d TLLIAT�� C, N��kVLY, taken at Fridley & T�:2pls . . . . . . . . . . `�8,P 4.30 The ori�itaals were sent to Anoka County District Court. Thank you. Y f PLEASE REMIT TO LOGAN & STYRBICKI : G J�.Z W$56 FIRST NATIONAL SANK • SAINT PAUL, MINNESOTA 55101 0 .30 � � IJ�IJ��,�� (�� l��`�E�� `� _�� Nc. �- �� Civil, Mu.nicipal & Enuironmental Engirieering � La�ad Surueying • La�zd Planning • Svil '1'esting � r Virgil Herrick Weaver Talle & Herrick 6279 University Ave. N.E. Fridley, I�i? 55432 � QUAPITITY � �-- --u —c-c� ti+�-�t,c lj .: . Main Office �� 30 � 6 6875 Hi�hway No. 65 N. E. Minneapolis, Minnesota 55432 South Office 890-6510 1101 Cliff Road Burnsvilie, Minnesota 55337 PLEQSf REMtT TO MAlN OFFIC� ^] DATE April 28, 1978 INVOIC� NO. J NET 30 days - legal interest will be charged monthly thereafter. Minimum charge 50¢. DESCRIPTION AMOUNT Prints and copies of Harris Lake Estates project: 6 ozalid prints 41 copies ot correspondence @ 10� _ Glerical 0 $ 6.00 ' 4 .10 6.00 $16.10