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12/04/1978 - 5753- � �- �. � � i � I I : I L_ i i i � � I � � I � � THE MINUTES OF iNE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 4, 1978 The Regular Meeting of the Fridley City Council was called to order at ��38 P•m. 6y Mayor Nee. PLE�GE OF ALLEGIANCE: F7aor Nee led the Council and audience in the Pledge of q7�eyjance to the 9• ROL_ L Cp��: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Counci7men Hamernik, Counci7man Schneider and Councilman Barnette MEMBERS ABSEN7: None Ma or __• •°••��,�,�� antnlUHN: Y Nee stated the Council wanted to do somethin ation to Ray Sheridan for the tremendous contributions hePhadsmade�toathe City of Fridley. Therefore, a PPreci- displayed in the entr memorial bronze plaque was prepared to be y of City Ha11, Mayor Nee read the inscription on the plaque to Mrs. Sheridan and the audi- ence and Mayor Nee thanked her for coming to the meetin stated the plaque would be hung immediately at the City Hall. 9 this evening. He APPROVAL OF MINUTES: REGULAR COUNCIL MEETING, NOVEMBER 6, �g7g: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all votin a ciared the motion carried unanimously, . 9 ye, Mayor Nee de- .PUBLIC HEARING MEE7ING, NOVEMBER 73, 7g7g; � �MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Counci7man Schneider, Upon a voice vote, all votin a �Nee declared the rtwtion carried unanimously. � 9 ye, Mayor A�OPTIO__ ry pF n�EN�A_ � MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ��OPEN FORUM VISITORS: � Mr. Ed Wilmes, 6350 Riverview Terrace, appeared before the Council and ex- � � plained why the Islands of Peace did not pursue the LAWCON grant. He stated �_ tBis was considered, however, it was decided to go to the�Metropolitan Council to hopefuliy get designation as a regional facility, in order to develop the land Yhey now have. Mr• Wilmes also questi.oned the use of a bus, which the County�turned over � to the City, by the Islands of Peace. He suggested a coimnittee be set up to determine how the bus wouid be used. He felt the Islands of Peace would have a great need for use of the bus. Mayor Nee stated he�understands that the Planning Staff has attended�to the amendment process regarding the grant application. As far as the use of the bus, Mayor Nee suggested Mr. Wilmes contact �r. Boudreau of the Parks and Recreation Department. , 1 -�_----_ 2 REGULAR MEETING OF DECEMBER 4. �97a OLD BU� ppGE 2 RESUIU i w�. �.�. . - -I HeLtu � � •", . _ FUND C.E.T.A• AND OTHER MOTION by Counci7man Schneider to adopt Resolution No. 123-7978• Seconded py Counci7man Barnette. Couocilman Schneider stated his primary concern was how far off budget they W�» pe in the contin9encY fund. � City Clerk, stated the two bi99est areas are �n��rease for Mr. Brunsell, the STEP program and the mandaeedon�9�9ency area is Department involvin9 �another larg firemen. uniformed pol�ce officers. hle stat�e�nts to volunteer in the Fire Department involving p Y lained, however, the total amounts addeency bOAn amountrof Mr. Brunsell exp out of conting 14,292 out for the Police Department and S and Police �epartments is not a17 coming $25,202 is out for�the�F9re�Department. of contin9ency Mr. Brunsell pointed out th�a��n�°over arperioduof tim �dbutnnotcneessarily plannin9, these funds may this year. � should know why there Councilman Schneider stated his concern is that they is a problem in those areas, but stated he realizes these chan9es are onlY one-half of a percent of the total bud9a 1 voted aye> and Mayor Nee de- clared theCmot�on carriedNunanimous�Y� � �+ I I I I I ��I I I �'OLVpCAT�AND Aut�� ^„' .- Councilman Fitzpatrick to waive the second reading of Ordinance MOTION by and publish• SMayodeNee de- t it on the seVO�;dervpten9a71 votin9 aye> No. 669 and adop � Councilman Schneider. Upon a clared the-motion carried unanimously• CONSIDEfL4TI0N OF AWARDIN6 WORKMEN'S LOfAPENSATION 8ID5: � stated the City advertised for bids for workmen's Mr. Brunsell, City Clerk> a er. He stated one bid was receefv � Wh��h Was compensation in the Su t�roughP from Western Casualty the Transcontinental Brokers 9 Mr. Brunse7l explained the company who submitted a bid is not the same 's workmen's compensation in �97�antedeout ted, company that carried the City ood for 1979 ahadPtwo large losses unfortunately, the City's record was nut 9 the losses for this year. He also pointed out the City 9n 7977• but workmen's compensa- considerably because of chan9es in the compensation Mr. Brunsell stated the premium in 1978 was $64,00 , one up 7977• tion rates have 9 � remium pyy rates which went into effect in Octo er+ for a p osit from Western �hasaatbad year, as µr, Brunsell stated earh1979,dhowever, if the City of 586+618 for the y to $94>673 which wou7d be the maximum. far as losses, the eost could�9a year, the minimum with no losses would be If, h6wever, the City has a 9 $25,995. pqTION bY throu9h Traall votingtayeB�kers. Counci7man Fitzpatrick to receive the bid from Western Casua y Councilman Schneider. Upon a voice vote, and award the contract to Western Casua ty Seconded by Mayor Nee declared the motion carried unanimous Y• � _ ,:� I I � I i I � __ � t _ REGULAR MEETING OF DECEMBER 4, 797g PAGE 3 RECEIYING THE MINUTES �F THE PLANNINf COMMISSION MEETINf, OF NOVEMBER 22, 7978: 1. APPEALS COhA1ISSI0N MEETING OF NOVEMBER 7a �g�g; A. KIRYLO CZIHRAY, 7g7g_gl FIRWOOD WAY; . Mr. Sobiech,�Public Works Director, stated this is a request to reduce the required�rear yard setback on a double frontage lot from the required 35 feet to 14 feet to a11ow construction of a gara9e for a double bungalow at 7A79-81 Firvrood Way N.E. Mr. Sobiech stated, in this area, variances of this nature have been granted � before in order to provide garages and additional off-street parking. He stated the Appeats Commission recoimnended approval N�ith the stipulation that the driveway remain a.shared driveway with the property to the south. hbTION by Councilman Fitzpatrick to concur with the recomnendation of the Appeals Cortmission with the stipulation that the driveway is shared with the property to�the south. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, B. RICHARD THACZIK, 5450 5TH STREET: Mr. Sobiech,�Public Works Director, stated this is a request for a side yard variance to reduce the required 35 foot side yard setback, from a side street of a corner lot, to 28 feet in order to build a four-plex apartment. Mr. Sobiech stated the Appeals Comnission recomnended approval of this request. He pointed out,�however, there was discussion by the Cormnission if the petitioner had any interest in acquiring additional property to the south. Mr. 7haczik, the petitioner, stated he is in the process of purchasing the a�0 only needta variancehof 3efeettedn5teadUOf 7hfee{ut in two more units and wou7d Mr. Herrick, City Attorney, stated this would probably be a different proposal than�what the Appeals Commission heard since the petitioner is purchasing the property to the south. Mr. Sobiech, Public Works Director, stated the Appeals Commission heard the request�to allow a variance from the required 35 foot set6ack to 28 feet. The petitioner is now proposing only a three foot variance, but adding two more units. Councilman Fitzpatrick stated the petitioner, at the time of the Appeals Commission meeting, intended to provide for only a four-p7ex, however, with the purchase of the other property, he is actually reducing the amount of the variance, as far as the setback is concerned. Mr. Herrick didn't feel there was a legal requirement to send this item back to the Appeals Cortmission, but if the Council trished, they could do so. MOTIDN by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve this request for variance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Piee declared the motion carried unanimously. C. NEDEGAARD CONSTRUCTION COMPqNY, 4526 2ND STREFT: � Mariancescon au40�footr7ot involvingsreductionsofstherlotearea�rreduction of the front yard setback and the side yard setbacks; reducinq the floor area; and increasing the lot coverage. Mr. Sobiech stated discussion by the Appeals Commission was favorable and they recomrnended approval. He explained what now exists on this site is a substandard house which is in very bad condition. . He stated the Commission's reason for recommending approval was that there ts an existing health and safety problem and would be in the best interests k3 r �} PAf.E A REGULAR MEETING OF UECEMBER 4, 1978 of the neighborhood to remove the structure as soon as possible and that the new structure would be compatible with other homes and lots i�n the neighborhood. He stated there was some concern since there was discussion in the past> whether a 40 foot lot was a buildable site. The Planning Coimnission recomenended this matter 6e tabled for 90 days. Mr. Herrick stated he didn't make any comments to the 14ppeals Commission as he wasn't aware of the request, but was made aware of the situation a day or two before his memo was written. . Mr. Herrick felt the City has a question of policy to resolve whether or not they will allow the owner to rebuild if they have non-conformin4 uses of this type that are gettin9 to the end of their economical usefulness. Mr. Herrick felt, however, if Council was to act favorably on this request, findings and reason should be set forth, in writing, and put into the record. He pointed out there already is an existing house on the site and several other houses in the area on 40 foot lots and that residents expressed the fact they didn't believe the variance would deteriorate the neighborhood. Councilman Fitzpatrick stated he is not prepared at this point to say this request is different from others that were denied in the past, and therefore> would be agreeable to ta6ling it for 90 days. MOTION by Councilman Fitzpatrick to table this request for 90 days during � which time the Appeals Commission is to review it again in light of the City Attorney's memo and�comments that the City vrould have to come up with a statement as to what way and what degree this request is different from those that were denied. Seconded by Councilman Schneider. Mr. Herrick felt the staff should carefully review the other requests tney � have had over the last 10 years to�compare them with this particular one. UPON A VOICE VOTE TAKEN ON THE MOTION, 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 November 22, Ma7or Nee�declared thenmotion carriedk Upon a voice vote, all voting aye, y unanimously. RECEIVING THE MINUTES OF THE CHRRTER COMMISSION MEETINF OF OCT06ER 17, 1478: MOTION by Councilman Ha1978�k SecondedVbytCouncilman Barnettehar`PonCa�voiceon Meeting of October 17, vote> all voting aye, Mayor Nee declared the motion carried unanimously. _____.....,. r�� .�..��rrc no Tuc cARLE TELEVISION COf4MISSION MEETINf, OF MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Comnission Meeting of November 15, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously. rnucrnvRATiON OF APPROVAL.OF INTERCEPTOR MAINTENANCE AGREEMENT #67 WITH MOTION by Councilman Barnette�to approve the Interceptor Maintenance Agreement Y67 with the Metropolitan Waste Control f.o a��s�otingraye?9Mayor Seconded by Councilman Hamernik. Upon a voice vote, Nee declared the motion carried unanimously. � rnucrncRATiON OF APPROVAL OF JOINT USE RENTAL AGREEMENT #191 WITH METROPOL MOTION by Councilman Hamernik to approve the Joint llse Rental A9reement R191 with the P�tetropolitan Waste Control Commission for 1979. Seconded by i iy ; -� � I, I I I � I m z .� ( REGULAR MEETING OF DECEMBER 4, 1g7g � � PAGE 5 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously, MOTION by Councilman Hamernik to adopt Resolution No. 12q_7g7g. Seconded by Councilman Barnette. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried unanimousty, wrnql��IUNERS: ---- ��rvrci ruK S16NAL QY THE ANOKA C1IUNTY MOTION by Councilman Barnette to adopt Reso7ution No. 725-1978, Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the rtrotion carried unanimously. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on fiie in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: �- � MOTION by Counci7man Hamernik to authorize payment of Claims No. 306F22 through 333997. Seconded by Councilman Barnette. Upon a voice vote, a17 voting aye, P7ayor Nee declared the motion carried unanimously, ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted. Miller �un:viddie Architects, Inc, 7973 Southtown Center � - � � Minneapolis, MN 55431 Islands of Peace, Reception Center Build�ing September 7 through October 31, 197g Consultation, planning, review of show drawings, observation of construction Seconded by Councilman Schneider. (� $>>>82•65 Nee declared the motion carried unanimously.�ce vote, a11 voting aye, Mayor COMMUN__ I�qT7pNg: ROBERT H. SCHROER:� SEARS PROPERTY: MOTION by Counci7man Hamernik to receive the comnunication from Robert Schroer dated November 2g, 7g7g regarding the Sears property,� Seconded by Councilman Schneider. Upon a voice vote, a71 voting aye, Mayor Nee declared the rtrotion carried unanimously, ADJOURNMENT: MOTION by Councilman Fitzpatrick to adjourn the meetin Councilman Hamernik. Upon a voice vote, a71 votin a e, Seconded by the motion carried unanimously and the Regular Meeting ofMtherFrldley�Cityd �- Council of December 4, 1978 adjourned at 8:4p p,m, . Respectfully submitted, Carole Haddad Secy, to the City Council Approved William J, Nee Mayor 5� i I i � � I I i i i I i � i � � � I I � 0 ��'I FRIDLEY CITY COUNC I L ° '� REGULAR COUiICIL PIEETI;VG — DECE�1BER 4, 197a — 7;30 P,l� iiEMO 70�„ DEPARTMENT HEADS • FOLLOWING ARE THE "IICTIOl�S �VF��"� � � ' BACK IN 7HE CITY ��ANAGER'S OFFICE BY THEAIEDNESDAYOBEFOREwTHE NEXT �EGULAR COUNCIL t1EE7ING. THANK YOU (Wed T3 � PRESE(�lTATIO�� OF PLAQUE: . . , 1978) MEMORIAL HONORING j'�R, RAYMOND SHERIDAN Memoria] to be put up in entry of City Hall APPROVAL OF t�I,VUTES: REGULAR �OUNCIL MEETING, ��OVEMBER 6, 1�73 Approved PUBLIC HEARING �'j�ETING, i�OVEMBER 13, 1978 Approved �ADOPTIO�d OF AuEiJDA: Adopted as submitted S OPEPJ FOftUP1, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA —]S MIN.) s m f 'FINANCE FINANCE i ti LAR MEETING, DECEMBER 4, 1 o�n BusivESS: CONSIDERATION OF A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND �C.E.T.A, AND OTHER)(TABLED 11/ZOI%$), , , , , � � � � � � � � �•� Resolution No. 123-197g adopted ACTION NEEDED: Proceed as authorized , 'NEW BUSINESS: CONSIDERATION OF SECOND READIN6 OF AN ORDINANCE FOR SAV #73-04, TIMOTHY f`�UNN AND TODD BLAIR iI�ILLCREST /�DDITION) � � . . . � . . . . . . � . . . . . . . � . . . Ordinance #689 adopted on second reading ACTIO_ N N_ E�p_ pub;ish ordinance in Fridley Sun CONSIDERATION OF AWARDING WORKMEN'S COMPENSATION BIDS� � � � . . . . . . � . . . . . . . . . . . . . � . . Bid awarded to Western Casualty through Transcontinentai Brokers ACTIO�EpEp: inform bidder of Council action 1-1F 2 3-3G . f �iCW BUSINESS (CONTINUED) . RECEIVING•THEJ'��1WUTES OF THE PLANNING COMMISSIONr I'IEETING OF PjOVEMBER 22, j978, , � � � � � � � � � � / . , 1. Appeals Commission Meeting of Novemb 4- 4 HH A. Kirylo CzihraY; 7879-81 Firwood Way14:.1978. �eals Comm Recomnendation: A rove with �� 4J _� st�pulation PP & 4Z, 4Aq Council action Required: Consideration of recommendation ' Approved with stipulation ACTIO�pED: inform A�plicant of Counci] approvat with stipulation B: Richard Thaczik; 5450 5th Street.......... Appeals Comm Recommendation: Approve �""'• 4M - 4Q � Council Action Required: Consideration of & 466, 4CC 'recomnendation Approved ACTIO�DEp. Inform app)icant of Council approval ._� C. .P�edegaard Construction Company; 4526 2nd Street.: 4Q - 4X Appeals Corm� Recommendation: Approve with & 4DD, 4HH stipulat�on Planninq Comm RecommA�,�a+• : Table for 90 days Tabled for 90 days. Appea7s Commission to again.review in light of City Attorney's memo ACTIO_ N_ y_ E_ EpE�: Inform Appeals Comnission of Council action and put back on agenda in 90 days. RECEIVING TNE P�1NUTES OF THE CNARTER COMMISSION MEETING OF OCTOBER 1], 1978, , , , , , , � , , , , . Minutes received � � � � • . 5 - 5 B ACTIO�KEN: p�led Minutes for future reference • r PUBLI— C WORKg NE� BUSINESS (CONTINUED) RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF 1�OVEMBER 15, 1978. . .............6-6I Minutes received ACTIO—�EN: Minutes have been filed for future reference -- _ • - - . _ --, - -� - CONSIDERATION OF APPROVAL OF INTERCE°TOR i'�qINTENANCE AGREEMENT �6� WITH P'�i�� FoR.1979. , , , , , � �.� � � � � Agreement approved �- � D PUBLIC WORKS ACTI'0_ N_ NEEpEp: Execute agreement and forward to appropriate persons , CONSIDERATION OF APPROVAL OF .IOINT USE RENTAL A6REEMENT . i#191wiTHP•i!-dCCFOR1979 ................. Agreement approved $ - $ � �LIC WORKS ACTIO�EpEp; Execute agreement and forward to appropriate persons I.ONSIDERATION OF A RESOLUTION RE�UESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL A SIGNAL AT 69TH AVENUE AND UNIVERSITY AVENUE� , , , � , � � � � � � Resolution No. 724-197g 9 'UBLIC WORKS ACTIO�EpEp; Foryyard Resolution to appropriate persons �. iVEW BUSI;�ESS �CONTINUED) , CONSIDERATION OF A RESOLUTION REQUESTING SUPPORT FOR SIGNAL BY THE ANOKA COUNTY COMMISSIONERS, ,,,,.,', . lO Resolution No. 125-1978 PUBLiC WORKS ACTION NEEDED: Forward resolution to appropriate persons �ICENSES � � � . . . � . . . . . . . . . . . � . . . . � . 11 — 11 A Approved FINANCE ACTION NEEDED: Issue licenses as approved • , �LAIMS. . . . . . `. . . . �. . . . .. . . . . . . . . . . . IZ APProved FINANCE � ACTION NEEDED: Pay claims as approved � ESTIP1ATES� . . . . ... . . . . . . . . � � . . . . . . . 13 — 13 A FINANCE Approved ACTION NEEDED: Pay estimates as approved cor��ui J I CAT I OfJS : ROBERT H. SCHROER: Letter recieved SEARS PROPERTY. , . , . , . . , , . . 14 � . ADJOUR(d: a:40 P.rt. _ _ ■ fRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN NAME � ADDRESS ---------___ � � 3 D /�� DATE: December 4, 1978 �< � ITEM NUMB:R � �R�Q�.�Y �,iTY COYJ�lC i L REGULAR COI)i�CIL tiEETI?JG - DECE�1BER !�, Z97a - 7:3� P.M PLEDGE OF ALLEGIA�'VCE: PRESEPJTATIOi� OF PLAQUE: I�EMORIAL HONORING fY�R� RAYMOND SHERIDAN RPPROVt�L OF MI��UTES: F�EGULAR �OUNCIL MEETING, i'�OVEMBFR 6, 1973 PUBLIC hEARING �'�EE7ING, I`IOVEMBER 13, 1973 ADOPTIO�J OF AGEiJDA: � OPE(V FORUi�, VISITURS: �CONSIDERATIO(J OF ITEMS NOT ON AGENDA ° IS MIN�) ETr OLD BUSI�VESS: ER �I, � ■ P CONSIDERATION OF A RESOLUTION AUTHORI`LING CHANGES ' IN aPPROPRIATIONS FOR THE GENERAL FUND �C,E,T�A. AND OTHER)�TABLED II�ZO/%$), , , , � � 1-1F NEW BUSINESS: ' -----_ CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR SAV t��a-�4, TIMOTHY P'�UNN AND TODD BLAIR �iIILLCREST ADDITION) � � � � � � . � , , , , � , � � . � � . � � � � 2 CONSIDERA?ICN OF AWARDING �'�ORKMEN'S COMPENSATION BIllS,,,,,,,,,,,,,,,,�,,,,,,,,,. 3-3G a WE6J BUSI�dESS (CorvriNUE�) RECEIVING THE P��1tJU?ES OF THE PLANNING COMMISSION, ��EETING OF �`�OVEMBER 22, 1978� , , , , , , , , , , , , , , 4 - 4 HH 1. Appeals Commission Meeting of November 14, 1978 A. Kiryto Czihray; 7879-81 Firwood Way .............. 4J - 4M AppealA[f __s Co_ mm. Recommendation: Approve with & 4Z, 4AA st�pulation Council action Repuired: Consideration of recommendation B. Richard Thaczik; 5450 5th Street ...:............. 4M - 4Q Appeals Comm. Recommendation: Approve & 466, 4CC Council Action Required: Consideration of recormrendati on C. .��edegaard Construction Company; 4526 2nd Street.. 4Q - 4X Appea}s.Comm. Recommendation: Approve with & 4DD, 4HH stipulation Planning Comm. Recommendation: Table for 9Q days RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING oF OcroseR 17, 1978, , , , , , , , , , , , , , , , , , , 5 - 5 B fdE'rl BUSINESS (Corortr�urD) RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION �'�EETING OF ?�OVEMBER 15, 1978� � , , , , , , , , , , , , , 6 - 6 I CONSIDERATION OF APPROVAL OF INTERCE°TOR i"�AINTENANCE �GREEMENT �6% WITH i'��v�� FOR �979, . , , , , , ,•, , , , , 7 — 7 D CONSIDERATION OF APPROVAL OF ,JOINT USE RENTAL AGREEMENT #191wiTHf-1�CCFOR1979,,,,,,,,,,,,,,, 8_8C CONSIDERATIOiV OF A RESOLUTION REQUESTING MINNESOTA DEAARTMENT OF TRANSNCRTATION TO INSTALL A SIGNAL AT 69iH �VENUE AND UNIVERSITY AVENUE, , , , , , , , , 9 / r 27; TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY LOUNCIL Of NOVEMBER 6, 7978 The Re9ular Meetin9 of the Fridley City Council was called to order at 7:42 P•m• by Mayor Nee. . � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Barnette, Councilman Schneider> Mayor Nee, Councilman Hamernik and Councilman Fitzpatrick _} MEMBERS ABSENT: None PRESENTATION OF AWARDS: � � MR. HERMAN BERGMAN, COMMUNITY DEVELOPMENT AtlD PLF!INING COMMISSION: Mayor Nee pre ertificate of appreciation to Mr. Bergman for his services as a member of the Community Development and Planning Comnissions. He stated the Louncil appreciates his contribution to the community and each Councilmember expressed their appreciation to Mr. Bergman. MR. DAVID SABISTINA, ENUIRONMENTAL QUALITY COMMISSION: . Mr. Sabistina was not present to receive this certificate of appreciation for his services on the Envirunmental Quality Commission. Mayor Nee asked that the certificate be forwarded to him. APPROVRL��?ES: REGULAR MEETING OF OCTOBER 2, 1978: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared �,; the motion carried unanimously. � t- i � REGULAR MEETING OF OCTOBER 23> 1978: MOTION by Cour�cilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor• Nee declared tfie motion carried unanimously. ADOPTIO__ N OF AGEN�A: MDTION by Councitman Schneider to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience �nder this item of business. NEW BUSINESS � RECEIYING 7HE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 25, 1978: ROBERTA SPOHN, SP *78-12 AND 2 VARIANCES; 695 FAIRMONT STREET N.E.: Mr. Sobiech, Public Works �irector, stated this is a request to allow construction of a single family dwelling at the northeast quadrant of Fairmont and Ri�eeSiew Terrace. He stated a special use permit is required since the property within the fiood plain. � � � .- Mr. Sobiech stated the City has received no negative comments from the Department rrouNdttake piacerabove theeknownnhi9hhwate�Pmark ofntheuflood plai�e dwellin9 -- -- -� � 41Y REGULAR 14EETING OF NOVEMBER 6 197g PAGE 4 Councitman Schneider stated he understands then there would be a variance from the required 15.feet to 70 feet on the south; the setback from the public right-of-Way on the north would 6e 30 feet instead of the required 80 feet; there would be no variance on the driveway since there would be a parking lot more�park9ngewou7dwbehneeded,rothetCityncould�requireuit�onnthenwest andnwork with the property owners to the south to use the existing driveway. MOiION by Councilman Hamernik to grant the foll.owing variances requested for the property at 6299 University Avenue: To reduce the side yard setback on the south property line from the required 15-feet to the 10 feet; to a11ow a 30 foot setback on the north from the public right-of-way to the main building instead of the required 80 feet; to allow reduction of the number of parking spaces required, by elimination of parking on the west of the property, and to share parking with the adjacent property owners to the south untit such is requiredtyagreementdshould�beamade9withnprpperty'owner�onathetsouth to allow joint use of drivewa�• parking 63rd Avenue be allowed at 16 feettinstead oft20Cfeet.thSeconded96�ot from Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Y Councilman �IANA LINDGREN; 525 56TN AVEPIUE N.E.: MOTION by Councilman Hamernik to receive Petition #21_1g7g in opposition. � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated this is a�request for a variance to allow construction of a single family home on 64th Avenue between 6th and 7th Streets. He stated the Appeals Commission recommended denial, based on information submitted at the hearing. . Mr. Sobiech stated a variance on this parcel was-denied by Council in 1g7� and staff would recommend withdrawai of the request because it would lead to a very difficult situation. He ex lained, �� development on this site would crowd the area�to�allow a single family � than 20 feet between the existing dwellin and and there would be less 9 proposed structure. FLt. Lindgren, petitioner, stated because something was turned down ioUSly shouldn't make any difference. She stated since the variance has been denied, they have been assessed on the lot about $1,770. She questioned why they were assessed if it wasn't a buiidable lot. Mayor Nee stated the lot can be assessed for what it is worth for other purposes and stated, for examp7e, parking or a garage. Ms. Lindgren stated, when they purchased the property, they understood it was a buitdable lot because at one time, there was a double bungalow on the lot. Councilman Hamernik explained non-conformin9 uses and stated, if there was a building on the lot and it was more than 50% destroyed, it would be necessary to obtain a variance to rebuild. Mr. Sobiech stated fhe size of the parcel is 64 x 80 feet and is described as the west 64 feet of Lots 74 and 15, 67ock 2.� He felt that the lot was probably split by the County, and not approved by the City. � Mr. Nerrick, City Attorney, pointed out that not only�is the parcel a - f sub-marginal piece of property, but it is not even a�lot. He exptained ) 6efore any building permit would be considered, it would be necessary for the Council to approve a lot sp1{t, . Mr. Herrick stated the lot could have been sp7it before Lhe City had a Subdivision Ordinance. � � .� � _� C � ,i 27 3. PA6E 3 REGULAR MEETING OF NOYEMBER 6, 1978 tomnission and grant the variance to reduce the required 5 foot setback to 0 feet and further, to extend the period of time for util��ayor Nee declaredance Counci7maneSchneider.�nUponda voice voteYeallPvoting �re�me. Seconded by the motion carried unanimously. . • DIANA LINDGREN• 525 56TH AVENUE N.E.: This item is to be considered later in the meetin9 when the applicant arrives. GUS DOTY' 6299 UNIYERSITY A4ENUE N.E.: Mr. Sobiech, Public Works Director, stated this is a request for variances for a parcel of property at University and 63rd Avenues. He stated the property is zoned commercial and an office building wi11 be constructed on reduction of erty right-of-way line from 75 feet to 40 feet> this site. The three variances requested are as follows: �1 tAe driveway from the prop �jne from 80 feet to 35 feet; (2ireduce the setback from the right-of-way stated,theuAppealsrCortenissiondhasarecormnendedfapproval ofetheservar�ance �requests. � be more of a problem to have the Cauncilman Hamernik questioned if there would be a traffic pr'oblen with t e driveway setback.. Mr. Sobiech felt it would µy�rnikfalso questioned�the amountaofer9reen'�areard MrenSobiechustatedn � the variance from the public ri9ht-of-way to the building would take away as�other comme*ceal establishmentsut Counci7manUNamernikaquesthoned the area number of parking spaces and asked how many were required. py thebcode.StMredSobiechaexplaXnedtthererwou9dshavestorbe some typeeof�rea taining wall, or regrading would have to be done, to take into account the differences in elevation of the property to the south. pr. Dave Harris, part owner of property to the south, stated he discussed this matter with MrHeDstateda asalongsashthe�building lineskup9with the bankPande of propertY; he �ould see no problems. He stated he does see a problem their buildin9, xith changin9 the setback from the required 15 feet to 5 feet. He felt this setback should be at least l0 feet to save the integrity of their buildin9, and sug9ested decreasing the setback from 63rd Avenue from 35 feet to 30 feet. line and a 30 foot setback from the north or Netbeck from theesouthhpaopertyJeCtlon to Mr. Harris' suggestion af a 10 fee 63rd Avenue. Mr. Herrick> part.owner of proPerty to the south, stated he felt this woul be a better situation as they have had erosion problems in the past on their property. Mr. Harris fe1t, as part of the approval> retaining walls should be require on the south side of the bui7ding ta help prevent erosion. Nr. Doty explained it was necessary to have parking in front of the building in order to meet the code requirements. Mr. Nerrick thought possib7Y theY could have some steps at the Heustated,rhe ppty�s property leading to the parki�9 1ot of their property. hasn't discussed this matter with his� partners, b'f Parkingycan behavoided'd parkingelotuwas�never f�illed uMr•SHerricktfelt,Parking since he felt their in the front of the building, �t would be a better situation• Mr. Doty stated he didn't lanlsince it was requiredPbyk{he ode�red, but had to include it in the p I i �15 REGULAR MEETING OF NOVEPI6ER 6, 1978 MnDpT Plan. - Councilman Schneider stated h2 has been following tfiis item, _ turbed that in the Environmental Quality Commission minutes reference to articles that appeared in nerrspapers. He felt may or may not be correct. PAGE 6 but was dis- there was this information Councilman Schneider felt; however, there are some valid concerns regarding the airport. He felt the Council should take a hard lcok at it and stated he was becoming alarmed with the disagreements of the various governmental agencies i�volved. He felt they are not getting a true picture from some of Yhe agencies. Cnuncilman Barnette pointed out they were talking a6out putting in an additional 3,OOD feet on the runwa.y and then putting an "X" on it so it wou7dn't be used. He felt this didn't make any sense. Counci7man Fitzpatrick felt the City should be represented at the hearings, but realized the difficulty of anyone giving testimony since they don't have a statement from the Council, He stated; however, the Council is on record in giving support to Moundsview in general opposition. Caunci7man Fitzpatrick stated he wou]d agree that it wouldn't make sense to put down thousands of feet of runway and then "X" it so it wouldn't be used. Councilman Schneider felt perhaps the Council should give staff a negative view on it, at least until they have all the facts. � Mr• Sobiech stated the Metropolitan Counci7 is holding hearings through November renarding the Metropolitan Airports Commission Master P1an Study oi Anoka County Airport and the Minnesota Department of Transportation is fio]ding a hearing on November 9, 197g on the �4nDOT P1an and there is a section in the p3an that refers to the airport. Mr. Herrick, City Attorne,y, su9gesteA havin9 a representative frnm the Metropplitan Council attend z meeting to explain what has taken p7ace regarding the Anoka County qirport. � . Mayor Nee felt this meeting should be as soon as possible and have the Environmental QualiCy Cormnission members attend. The Council agread to heve the meeting on November 20, 797g, after the regular Council meeting. NIDTIDN by Counci7man Hamernik to present position paper at November 9, �97g hearing and to comment at the hearing that the MnDOT Plan shouldn't iead�to actual imp7ementation of things that aren't explicitly shown in the p7an. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R�CEIy7yG THE MINUTES OF TNE CHARTER COMPIISSION MEE7ING OF SEPTEMBER 19, 7y7g; MOTi9N by Ccuncilman Fitzpatrick to receive the minutes of the Charter Corrmission Meeting�of September 79, 197g, Seconded by Counci7man Schneidar. Upon a voice vote> all voting aye,_l4ayor Nee declared the motion carried nnanimous7y. � . Hr. Qureshi, City Manager, called to the Council's attention the questions raised by the Charter Comnission in their letter of Ptay 75, 197g, He feit these questions were in the po7icy area and would come under the Counci7's tontro7. i�]ayor Nee felt it would be appropriate for the Council members, as individuals, io respond to the questions. RECEIUING MINU7E5 OF THE CABLE TELEVISIOPt COFiMISSION DIEETING OF OCTOBER 19, 1978• FMIIION by Councilman Fitzpatrick to receive the minutes of the Cable Television T� PAGE 5 REGULAR MEETING OF N04EMBER 6, 1976 Mr. Kirk Bloom, owner of the double bunga7ow adjacent to this parcel, stated he was interestetl in buyin9 this property if it went up on public auction as taxes weren't paid for five years. He stated now, however, the owner has picked up the taxes. toudeny thisarequeststafiedstateduhe wouldt�ecomnentlWMsh LindgrendobtaAnPeals theaCityncannotrdo anything aboutrsinceeit issnot asbuildable lot r that Ms. Lindgren a9ain asked why the lot was assessed. i Mr. Herrick> City Attorney, stated it was assessed 6y a formula the City �� uses to the extent that the City felt the property benefitted. He stated, -'' if no objection was raised at the time of the assessment fiearing, it is � too late to make an objection now. . get togetherftottalk 6ecaube there�isaa serious question whether B� js to a buildable piece of property and there is the question that�Mr. Bloom � is using this property> which P1s. Lindgren could� stop. � - � h t would�deny theevariance andhfeltdeiswould be aLwasteeof5effortctoeapplYu for a lot split since he could not support approval of a variance to make this a buildable lot. Mr. Herrick pointed out the non-conformin9 use on ermitPanothersnonW gone and it is not the obli9ation of the City to p conforming use. h Councilman Schneider stated he felt it would be irresponsible it is not a buildable lot. shared Councilman Hamernik's view as e to grant a lot split on the property since h recomnendation of the 275 MOTION by Councilman Hamernik to concur with t e �.I maneSchne�derSS�UPonna �voice votee9a11tvotin9aayen�MayorSNeendeclaredouncil- � the motion carried unanimously. ACME METAL SPINNING; 98 43RD AVENUE N.E.: �No action was taken on this variance request since the pet�itioner had � requested the variante be withdrawn. ,iTP1117GCnc / � �� MOTION by Councilman Barnette Quality Commission Meeting of Namernik. Upon a voice vote, carried unanimously. to receive the minutes of the Environmental all�votin9�aye?$Mayor�Neeedeclaredntheman motion Plannin9eCommPssion alsrtheDEnvironmentaleQuality�Cc�rcnhssiontfelt the the Council should be alerted to the fact that the MnDOT Plan, specificallY the portion regarding the Anoka County Airport. would be up for a public hearing on November 9, 7978• Mr. Sobiech 5197�dregardeng a�MasterCPlan�ofWStudy onathe AnokaaCountyn November 30, Airport. Mr. Sobiech stated he thou9ht what concerned ChA1�nv��t nmenta Quality Commission are certain statements regard�however, information which means extension of the airport facilities; coming from the Metropolitan Council indicate an "intermediate" status. contradictionsWbetweenethe MasterhPlanaand whathisabeingtstatedein the i I li i � �I I � I I, I'I � I i 4 I _--�—_�--�-----�---- —� —� � -� -------- - . 278 IREGULAR MEETING Of NOVEMBER 6, 1978 PAGE 8 I CONSIDERATION OF A aFCmnr,�.� .�......_ __ '.�••��, �y �ounci�man Schneider Seconded by Councilman Hamernikt� UpontaRvoicetvoteN�all,vot9ng aye Mayor Nee declared the motion carried unanimously, MOTION by Councilman Schneider to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION b P P .. _"•.�. " �°� "wi�iun: y Councilman Fitz atrick to ado t Resolution No. 7�p_�g�g Seconded by Councilman Schpeider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty. NG AND 'JIRECTINf, THE �IVIDING OF m nro . _....._. . MOTION by Councilman Hamernik to adopt Resolution No. 113_1g7g, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslv. nviiuN by Councilman Schneider to adopt Resolution No. 11�_1g7g, Seconded by Councilman Barnette. Upon a voice vote, all voting "aye, Mayor Nee declared the motion carried unanimouslv. Mr. Qureshi, City Martager, stated this resolution would provide for the administration to adjust the rates every year, hased on the Consumer Frice Index, in order to keep up with the increase in inflation. MOTION by Councilman Schneider to adopt Resolution No. 1�6_7g�g. Seconded by Councitman Barnette. householdnincomenand5thisdpersondfelt� ocialfsecuritytbenefitsashould not be included as income. � - Councilman Fitzpatrick stated he would have no objection to setting a higher incane limit and then not making the annual adjustments, and _ a ceiling could probably be set at $70,000. Mr. Qureshi, City Manager, stated this resolution would probably make more persons eligible for the reduced rate and the income goes up every year, since it is based on the Consumer Price Index. _/ Councilman Barnette felt maybe the resolution should 6e teft as is and � I . to take another look at it in a year or so. I UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor J + Nee declared the motion carried unanimously, r � � , t _J PAGE 7 REGULAR MEETING OF NOVEMBER 6 1978 Upon�a5voiceevote9 allOvoting aye>1Mayor Nee�declaredCtheCmotionHcarried unanimouslY• . ---.. „� ,.,,,,., onoir Councilman Barnette questioned �ahere the funds would be coming from to pay for these sewer and water facilities. Mr. Qureshi, City Manager, stated the cost would be paid from�what is left of the grant monies and anything beyond this amount would be paid for by the Springbrook Nature Foundation. Councilman Barnette stated he was concerned about references to the City of Fridiey paying under Items 5, 6 and 7. Mr. Qureshi stated any services requested by the Springbrook Nature Foundation and provided tb them, they would have to reimburse the City. He stated, if�the City wishe5 to participate in any of the cost> it would have to be authorized by the Council. Councilman Sarnette felt in the third paragraph> "The Springbrook Nature Center" should be changed to "NOrth Park" and in Item 1, "nature inter- pretive center" should be changed to "building"• MOTION by Councilman Barnette to authorize entering into the agreement with Coon Rapids> with the following changes: third paragraph, change �the vrords "The Springbrook Nature Center" to "North Park" and undSeconded 1, chan9e the words "nature interpretive center" to "building". by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF GETTING OUTRIGNT �EED ON PROPERTY ON LUCIA LANE: b� t to Mr. Qureshi, City Manager, stated tfie City has an easement, su �ec � � utility.and drainage, over the entire lot, which is Auditor's Sub- division No. 71 �.2'L RYo'PurchaseptheNloteand�obtaio utrighthownership interests of � Y for a total ar.' ��=f SZ��a$•83. l; MOTI�O{ri9ht�dec;'and PurchaaerLot 6AthAuditortsfSubdivisiondNo� 219(2nd Rev.)• Seconded by Councilman Barnette. Upon a voice vote> all voting �..., Mavnr NPB declared the motion carried unanimously• . 277 MOTION by Councilman Hamernik to adopt Resolution r+o. �uo-��• _„__.ided by Louncilman Fitzpatrick. Upon a voice vote, all voting aye> Mayor Nee darlared the motion carried unanimously. � MOTION by Councilman Schneider to adopt Resolution N0. ��-�7�°+ °"" receive Petition No. 23-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, ail votin9 aye, Mayor Nee declared the�rtwtion carried unanimously. � - ,,,...ded MOTION by Councilman Hamernik to adopt Resolua��voting aye, Mayor�Nee dclared�thenmotion�carriedPUna�imouslyVOte, � f r _. � f REGULAR MEETING OF NOVEMBER 6, 1g7g PAGE 9 279 ' � �- " " "' �� 11Y OP FRIDLE— y; -�-tEE � MOTION by Councilman Schneider to-receive the information from Fourmies, France and instruct administration to enter into the Sister Cit P with Fourmies, France. Seconded by Councilman Barnette. Upon a voice � vote, a71 voting aye, Mayor Nee declared the motion carried unanimouslym Dlstricta��qarandtshetreceivedta�lettertfromathe�English teacher in Fourmies, France and an agreement has been made between the two'teachers thatst ey, vrould exchange cassettes. Fourmiessand canY Moceedr' stated the City now has a positive respond from / P on a broader basis. Ne stated they wi11 work 5 Nith civic groups and cortmunity organizations to give impetus to the whole approach.. Mayor Nee felt staff shoutd res � thanks be extended for the m �nd to their communications and re ' �a�• quested 4nEinEcc�N��NS��TRN_TS' BID PRnoncn�� ,-,,..�__ � M07ION b ��vr"'�`�0 v Councilman Hamernik to receive the consultants' proposals. Develo�znent Concept Corporation 900 Northwestern Financial Center 7900�%erxes Avenue South Bloomington, MN 55431 Professionat P7anning R Development 602 S. 2nd Street Mankato, MN 56001 Leon Madsen � City of Fridley Midwest Planning and Research, Inc. 416 E. Hennepin Avenue Minneapolis, MN 55414 Seconded by Councilman Schneider. Upon a voice�vote, a17 voting aye, Mayor Nee declared the motion carried unanimously. he Chamber�of�CommerceeandfbusinessCcty needed strong support from the meeting when the proposals are presentedtY and they should attend IL was also felt the City Comm{ssions havin and RedeveTopment Authority should be 9 an�interest and the Housing hI0TI0N by Councilman Hamernik to set te dateaforohearing the,present- ation of proposals from consultants, regardin tion project, for November 76, 197g at 7:30� man Schneider. Upon.a voice vote, a71 voti� atee downtown revitaliza_ the rtption carried unanimously, P'm' Secontled by Councit- 9 Y Mayor Nee declared Councilman Barnette stated he�would propose the Counci7 set aside an..amount up to $}00 to provide a trophy, with the names of the members of the Fridley footba)1 team, to giye appropriate recognition on how far they have come in the Minnesota State Footba7l p)ayoffs. MO7ION by Councilman Barnette to authorize an amount up to $100 for d �_- f �� Rg6i1ALilR Mff'f1f3Til� 61F �PJ'��.'N�'PR ib, �°�78 1�'y�g" fmr 3.tie 'fridl�� aa3:�ha1l 7��aw 3a 6e t.�l&en out o3 the .F��, ��p� �, �p�.nc�l�mm� :kame�e'��- UPv� a voice �vote> a�e Ma�a�.r �ee a�c]ared t�h2 �,mcrS.ii�n c��nried uma�nimously. t _`� ;I � I i I , i I PAGE 10 Lontin9ency a11 voting �tiS➢£'f�1T11YN 'IDF 8'R4R0'S�a '�� ETIN& SLNEDULE FDR 1979: �g�ry 9yy �',uuntal;man dda�oen�m'�k t�° �a��'�f witfi i'he Proposed holiddY and av�omi e raS�e��a�➢ vutim9 ��'�• ��T�rt� Ae�cl�redmtheSmoti.onecarriedn cur�am9 �+�s1y- W�IlN7A'1EP.VTS: �A1MIS5�QIhl 'f!'�10f��- ,��iA,��n �� tly r.�s%veate Shamo.n Gustaf3vn for appoint- 1�Td'� �' CommSssion. Se�onded by Councilman o�mi �LO Lt� �v�w'raii3' 9�u�l2n�n�ri3 gzianne9 der. �wmvzilman �Ear,rr�ie sCa4�i IWts. �(6wsYafrsan is -t�'Ve'in9 a co7lege pro9ram vea Yi� a� �� {� ��¶,�� be��kingStihzSSelectiDns of�ter.ants �eTr°lr+g � �Lt -,fihF;r� �eivg e�o furLheT nominations, Mayor $OC �#12 �1DUiiT1?� +�' � . AYQS: aYetia� ihe r.wm�matas�rtg �ll�ed. �6YS�N by ��*+t'�a'�o, ��01�� ,� ya�r�itY��'�'eloPmentDCommassnon. �S$8f5tYSl I9 bP T+�P � �N� Y�.�a.�� ,�� airried vnani��s3y.te, all vot�n9 aye, �� b� ��S9��T qyy�;rmr;k ttm tab9e the oFA91ntment t� the Environ- �� Q��;�tY ��i��im.� ;� �,�e nex€ x^eeting- Seconded bY Louncil- y� 'FStzPat�rick. i1pDn a�x^.�ii��'u°te' �7� vor�""9 �ye, Maynr Nee declared gfie �tiar:n e�rrieaY wra�eaa�l�y- �L9.��,� �ti��;�yQr {�,'�� ibh5� watancy should �be published in the ��pQr �� ➢��'�� ym�7 Ibe addittimnal open5ngs coming eW ir� ihe ffwLnre. . 7a.RIIM1S: � �I� �� ,��a,,�n ��a3�rn�lk to auYhorize ��.Yment o� Claims No. ��Q� �� a�3� r��,�i1'by Gpuncilman Hamernik. Upon a voice p�e, ali •m�t�fl� e�"�+ ��'r'� °�'clamd the mc��tion carraed unanimously LSt�NSES: PoDTION by Lmunti�'ma*+ SLh�r��r �+�'' aPP�ve the 3icenses as submitted �cd as on 4n�e ie� rhe �°��'"g'� ��rk's mFfice- S��Mador NeeCdeclared man �arneti2- S7#'A+�� Y°�� °AID�' ali voting �'�. Y tioe Wotiom �.rried uraar�i�w$ly. F5'�IN}ATES: {�Td6N by �ll�L�l'�� e�� aPP�� the estimates as subnitted. SaeiY�n, Jus't�r: Feik�ema, HaPim�en � Haskvitz 7259 �uildt�rs Ezriaange B�av�dl3rt+�. � i9inneapoi9s, �� '��t02 For lega7� 5�^'iCe� �� Prosecutor daring $ 2,280.00 �P{��r, 7978 �' ��. p� psAha�t, Inc_ . y� industry' Rvenve NY � Ano&a, MN �53D3 . �� rovement Pro3e�t $13,060.09 ' finat Es'Li�te �2 - Str�� Imip .i . ST. 7978-fi (Heater/Scar9i��iann) � Seconded by Louniilman ScFu�mi�'��- UPon a voice vote> all voting aye, 282 7HE MINUTES OF THE PUBLIC HEARING MEETIPIG Of TNE FRIDLEY CIiY COUNCIL OF NOYEMBER 13, �g7g The Public Hearing Meeting of tAe Fridley City Council was ca77ed to order at 7:32 p,m, by �qayor Nee. PLEOGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Fledge of Allegiance to the Flag. ROLI CALL: , � MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman HaR�rnik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None ADOP7I0_ ry �F A�EN�A_ Mayor Nee stated the City staff has requested that two items be added: {1) Authorizing up to $100 for a P7aque for Grace High School for foot- ba11 championship and; (2) Approval of letter from Mayor Nee to 14ayor of Fourmies, France. MOiIDN by Councilman Schneider to add an item authorizing up to 100 for a Plaque for Grace High School to the agenda. Seconded by Counc97man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Hamernik to add an item approving a letter from Mayor Nee to Mayor of Fourmies, France,and to adopt the agenda with the two additions. Seconded'6y Counci7man Schneider. Upon a voice vote, a7l.voting aye, Mayor Nee declared the motion carried unanimously. APPROVlur_ <TnT�..�.�� __ __ The City Attorney, Virgi7 Herrick, outlined the information covered in his memorandum of November 13, 1978 to the City Coun�il regarding the ob7igation of the City Council acting as a Canvassing Board. The City Clerk, Marvin Brunse77, surtmarized the election process in- dicating that all election judges go through training by the County Auditor's Office and also training by the City Clerk's office regard- ing the conducting of the election. Councilman Schnieder inquired why the information regarding the missing ballot is not in the summary report they have. The City Clerk indicated that a17 such information is marked 6y the election judges on the forms provided to them, and the�summary provided to the C�ity Counci7 is merely a concise report for their quick review. He then passed out the computer printout sheets to the Councilmembers. An inquiry was made by the City Council regarding what happened to the spoi7ed ballots. The City Clerk indicated that those, along with all Lhe other bal7ots, are kept in the Anoka County Auditor's Office in sealed boxes. Councilman Barnette inquired regarding the under-vote and over-vote in- formation. The City Clerk explained that under-votes develop when peop7e do not vote for certain offices on the ballot, and the over-votes occur when people uote for more than one person for the same office, i i I I � i � i I � i / i i i, i ` � �I I � �I I I I �I I, PUBLIC HE�RING MEETING.Of NOVEMBER 13, 1978 PAGE 2 2b3 �---- p cit9zen, Mr. itobert Pierce, addressed the Council and indicated there kind of rule of the State has�a rule that if a election is closer than 100 vo es, is an autanatic recount. He asked if the City had aay. . �. this type, and if they don'� should there be such ��ateefo�r�the Chart r �City? The Mayor responded that it would be approp Co��ssion to initiate such a recomnendation. There also was a discussion regarding absentee ballots and how the in- � and whetherrtheacomputerbpunchscardsronswhichdthe absenieeebaPlothinards, formation is Yransferred can be identified or not. Moan uncomfortahle positiondto certBfynsuch alclose�electionatbuteasare rove the per the advice of the Lity Attorney, unless there are any obvious ir- regularities in the election> they have no choice but to app Canvass of Uotes.. Councilman Fitzpatrick indicat,t hastnoteffect onat whether the Canvass of Votes is approved or not, responded�thatythisbwastessentiall�ydtrue with the�c nsideratC nybyttheney Louncil that ihere were no obvious improprieties or errors in the election process. MpflpN yy Lr�uwc9lman Pitzuatrick to approve the Statement of Canvass as presented. S7ArEt4efl� . . � - ' 6EN£RAl EIECTIDN . � AOVEFIBER 7. 7978 , , . , . _ [�3,ARATION Of RESULTS THEREOP . � Council dec7ar€s the 'rt�*��5 °OBthe 1978�G=_nerat Electionttu beFasdfol7ows� C�ty � ..l1.143_ A. The tcYn7 su�b� °f ba]lots wst ++as: _ 1057 � {�rd 7 - �Pretint2 l 401 • . Nard i - �rinci 2 1070 Wyrd 3 - Pretinct 3 '��a � Natd 2- Pre=inct 1 107fi � . - Nard 2- 9rnc9nct 2 �. 2196 . {dard 2 - Precimt 3 1548 � � � Ward 3 - ��rinct I . . . bd� 3 - Yrecin[: ? 857 . � Lard 3 - �rinct 3 . � �Tp�:� � 11,143 B T� �_� qyT. �h �ndidate, nunber of overvotes and onden�otes, . - . a�� ,i.,�,.a;� �I,�s are as iollows: . �q�Ep ST�TES SENATDR IN CONGRESS � , N_7 V-1 W-7 P-2 3Y-i p-3 �+-2 P-1 11-2 P-2 W-2 P-3 W-3 P-1 N-3 P-2 W-3 P-3 TOTAL pmd flelm . . 39 3y 27� Tmerican � p� 24 �4 4M1 40 PartY _ 26 _� .. pave . Duren- ' q;4 953 435 6°63 ber9"* 6A2 � 95fi � �A 668 ' 1,595 Iod. Rep. - 480 �� 450 231 3_36 3,383 gob Short " �� 35p 421 � 353 - � DFL 3�� Christine � � Frank SociaNst '9 S 2_ . � 50 N�rkcrs . 6 9 � 6 . Party 9 � Fred G. � � 6 2A kewitt � � q 3 4 Lfberfar- � 9 3 2 . ido Party . . . .—_ 28 g 5 3 Z •— pver- � q 3 5 YOiCS 35 55 22 32 308 .. _i Under- AS. 3+''' 30 _ . 20. .__ _ "--...--- . � � 33 _. _ YnLPS . _ ,-.._--'__. . i ��i� _�._. _ _._.___.__.—..—._-.' _____-i -riai�]L.. . . . .. ._._ _. . . ... _ .___, ... .._.� . ... � � PUfSLIC HEARING MEE7iNG Of NOVEMBER 13 197g PAGE 3 /` \ � �� UNITED STATES SENATOR IN CO�VGRESS (CO"liINOEU) W-i P-1 B-7 P-2 H-7 P-3 N-2 P-1 W-2 P-2 H-2 P-3 W-3 P-1 W-3 P-2 VI-3 P-3 TOiAL - , Earley 1 � Boschwitz Fraser 8 � � Hriie-in Fraser Frenzet Fraser i'reser Fraser Fraser Fraser Fraser Fraser Yotes 3 1 9 13 17 26 � 14 6 9 110 • � TOTAL 1,057 1,467 1,070 7.178 1.076 2.796 1�,548 76D 857 77 J43 �� ' UNITE� STATES SENATOR IN CONGRESS - � Sal Cartone � � � -- American ' • PartY 7 11 � • 8 7 3 72 7 5 12 72 . Rudy Boschwitz � Ind. P,ep. 504 783 463 536 543 �1,269 787 390 � 290 5,565 Wendell . . � � _ � (Wendy) - � � - Mderson � � . - � �� 498 639 4% 606 502 872 698 330 516 5,157. Biil Peterson � � . . � SocSatist ' � � � . � . Kori:ers � PartY - 6 7 7' S 4- 5 6� � 7 2 49 Leanard � . , ' ' Richards � . Libertar- � � ian Party 3 2 0 0 3 4 � 1 3 1 76 Jean L Brust Workers • . � Party 8 2 3 2 � 7�. 0 2 3 1 22 Brian J. [oyle Public Interest " Ind. 5 0 5 1 2 8 � 12 4 -7 47 Over- � rotes 1 3 6 3 2 5 4 � 2 q 30 '� � lINITEO STATES S£NATOR IN COCG4ESS (CONTINUFD) . � � N-1 P-1 F7-1.P-2 N-i P-3 N-2 P-1 W-2 P-2 �N_�2 P_3 W-3 V-1 H-3 P-2 N-3 P-3 �TOT.;L iUnder= �wtes 24 15 22 15 76 .. ...21 ....31 ..... 76 .. 23 183 � � � � � .� . � . � . � Vrite-Sn Freser ' � � Yotes 1 0 p � O. . 7atyshym � . . , 0 0 _� _]_ �_ i � TOTAL 1,05) 1.461 1.070 7.178 � 1 07b 2 796 1 —_, .54R 760 857 11,143 � �--- -- — , � i 4;{ i � i � I L I ii YUBLIC HEARING MEETING OF NOVEMBER 13, 1978 PAGE 4 __ _. . 285 � REPRESENTATIVE 1N CONGRESS fIFTH 9ISTRICT � - Mike 7i11 401 610 356 461 445 l,itfi 647 �-3D6 238 4,582 Ind. Rep. ,--_ � Martin Olav Sabo 606 l93 6D8 687 565 �-7,021 �R32 �-�410 59D " 6J26. Dfl . Over- . � � � 3 .� � . . : . Q . . . . �� . .: 1 0 6 voies Under- 50 58 A1 35 46 � 59 � 69 43 29 A29 YateS Hrite-in D . 0 � � p 0 0 � 0 D '� Yotes TOTAL 1.057 1,461 1.010 1,778 1>076 2.196 1.548 760 857 11,143 � REPRESEt1TATIVE IN TIiE LE6ISLATL'R: G6A OISTRICT iony � � � � p � IaquinLa 455 740 456 736 Ind. Rep. Paul . McCarron . 558 677 5T7 �75§ S,�'b . DFL -- Over- .. Q p p � 2_ � a. votes � REPRESENTATiVC iN TN' LE('ISLqTL'PE 46A DISTRICT (CONTINUE�) , ' - H-1 P-1 N-1 P-2 W-1 P-3 W-2 P-7 w-2 P-2 W-2 P-3 W-3 P-7 iJ-3 P-2 W-3 P-3 TDTAI �Under � � q; 56� �� votes ____.^ . • Nrite-in � �� Q � p YoCes TOTAL � 1,057 1.467 1.W6 1.548 REPRESG�TATIVE IN LEGISLATI)RE 466 O75TR1CT Gary - Nestlund 35S 558 1,ZD8 IDd. Rey. — Wayne . Simo�=au � 597 574 . � DFL — Dale H°n:ning Libertar- San Party Over- votes Under- votes _ 4trite-io Yotes TDTHL . • 0 S,7L� 282 228 2,530 352 55A 2.935 P � 29 26 67 87 39 ?3b � 2 2 0 0 1 S 34 18 47 44 30 173 ' — � � - Steven R. Dale � i �• ' Braziel Henuning , � - O 0. �. 0 ' 1 1 2 '. 1.910' 1.176 2.196 � 7f0 857 6,O�1 �,. —. .___________ ___. _ � f I i ' i 286 PU6LIC HEARING MEEiING Of NOVEPI6ER 13, 79;g GOYfRNOR AND LIEUTENANT GOVERNOR Pedersen S Bafer American Party 9 5 14 16 Quie S Wangbery 466 .721 q05 q8B ]nd. Rep. PAGE � u S 11 S 10 5 � 476 1.214 739 362 �284 i.756 GOVERNOR ANO LIEUTENANT GOVERMOR (CONTINUEO) . M-1 P-1 W-i P-2 W-1 P-3 W-2 P-1 N-2 P-2 W-2 P-3 W-3 P-1 H-3 P-2 W-3 P-3 . TOTAL Perpich d � . " � Olson DFL 562 72D 571 653 576 953 777 366 549 5,723 Lakawske d � � Shaver � � Socialist � 8orkers . � - Party 4 Y 6 4 3 4 3 2 2 29 Y¢�ona7d & � Payzant � � ' ' Honest � � ' - �� . Gov't 87 1 3 0 2 2 3 3 6 7 p� Ffiller & � � , Rosenbauer . LSbertar- � . _. � tan Party 0 1 3 -- � 2 �- 0 4 0 3 4 �7 Pam:erening � 6 Stegnaier ' . � - Savings - - � . Rtwunt 3 7 7 0 0 0. z p z y Over- � votes 0 � 2 3-- 4 2 1 3 0� 4 79 Under Yotes 12 7 7 8 12 � G 19 9 6 86� I:rite-in . ' YoYes 0 0 D 0 0 0 D 0� 0 0 TOTAL 7,057 7,q61 1,010 7,178 1,076 2,19b 1,598 760 857 -13.143 . SECRETARY OF STATE � Dianna Jenkins � . � funerican � � . Party 19 21 25 31 28 � 55 31 .� 31 P4� - 265 Gereld Yf. . � � Brekke Ind. Rep. 375 589 3C2 398 376 996 588 286� 216 4,166 doan Mderson . � Growe � � � � DFL_� 617 7% _ 672 710 63i 1,094 861 403 544 5,322 � � . � � � I � � � ��.__..,_.�.--- i � � PUBLIC HEARING MEETI��G OF t�OVEMBER l3, 1978 PAf,E 6 287 • SCLRETARY OF STItTE (COYTINIlEO) k-7 P-1 4l-1 P-2 N-1 P-3 W-2 P-7 W-2 P-2 W-2 P-3 W-3 P-7 N-3 P-2 N-3 P-3 TOTAL O�er- - votes ' 1 . ' 4 0 � 0 0 0 3 1 � � 8 Under- votes 45 51 37 39 37� 51 66 39 � 23 382 Write-in '. Yotes 0 0 0 0 0 0 0 0 0 0 TOTAL 1+057 1,467 1,010 1�.178 i,076 2.196 7,5M16 76D 857 11,743 , STATE AUDITOR i i �i Arne Carlson Ind. Rep. 502 757 439 522� 49D 7,374 749 349 283 � 5,399 Robcrt N. DFLy� �tattson � � 488 624 571 577 537 )94 ' 693 354 528 5,117 Helen 5�. � � -� ". Kruth ta:nunist 16 23 14 24 3 23 75 73 12 133 Over- VcYes 6 0 0 _t 0 7 0 D 0 2 v'otes 5] 58 46 54 - 46 64 90 44 34 487 � -- . Chuck � Write-in Gibson � Yotes �� 0- 0 � 0 0 0 0 1 0 0 1 1'GTAL 7,057 1,461 7.O10 1,178 1.0% � 2,196 7,548 760 857 17,7-03 STATE TREASURER - � . _ � Donalc� G. . " - Han;on � lunerican Pariy 41 41 41 56 38 G3 d8 31 33 392 � -- - STpTE TREASURER (CDYT7�1UE�1 W-7 P-2 VF7 P-2 LI-1 P-3 W-2 P-1 H_2 P_2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL - Rick Teske A19 Ind. Rep. Jir•. �ord 549 OFL Over- 0 votes Unde�- 46 votes 607 342 422 752 S86 654 2 7 0 59 40 46 427 1�D82 632 296 P35 4.456 577 9B0 788 394 561 5,835 Q � � . 0 0 5 A6 70 79 39 � 26 455 1lrite-in � p � q p 0 D 0 0 0 Yotes TOT�i 1,057 1.451 {.016 1=178 7=076 2,196 �SAB 760 857 !i.ld3 A _ ___..__._—____._— .— --___�..._____—T_______--___-__—.—._____'.....__.__..: . _.� i r ; i i I � i zsa PUBLIC HEARING MEETING OF NOVEMBER i3, 197g � RTTRONEY GEM.ERAL PAGE 7 Arnie Oisen American � � � Party 29 39 31 35 28 43 36 25 28 � 298 Howard A. � — Knutson Ind. Rep. 325 533 � 295 357 361 877 539 247 203 3,737 Warren — Spannaus ' DFL 613 859 653 749 662 1,235 925 455 608 6,619 Over- � votes 0 0 0 0 0 0 1 0 0 7 UnQer- votes 30 , 30 31 37 25 41� 47 33 �8 pg1 Whte-in ' Votes 0 0 0' 0 0 ' 0 D 0 0 0 TO7AL 1,051 1,461 1,010 1,776 7,076 2,796 � 7,5AB ]60 857 71,7L3 � ASSQLIATE dUS7IrE OF THE SUPP,EFIE COURT � I7-1 D-1 N-1 P-2 W-7 ?-3 F!_2 N-i 4l-2 P-2 W=2 P_3 N-3 P- . 1 W-3 P-2 N-3 P_3 T07q! �Jack � � . . � � . . Baker 187 214� 184 176 20G 313 261 126 165 1.652 C. �onatd : Peterson 779 � 1,738 743 g77 791 1,725 1,728 550 � 629 8,4D0 Over- . votes 1 _ 0 2- 2 0 �3 � 1 0 2 77 Under- votes 90� 10� 81 63 79 155 138 gq 61 � __� Write-in � � . ! Yotes �0 0 0 . p .. . . . 0� . .. . � . . � . � . p O - '� 0 � TOTAL I.OSI � 7>4b7 7,010 � 1,778 1�.076 ��- 7.196 � 1,548 � 760 857 17>743 . ASSOCIATC JUSTICE Cf THE SllPPE7qE C�URT � Cosalie E. � . . � ' 4!ahl 572 743 520 6�9 592 7,295 � 895 398 449 6,072 �� Robert W. . - . ' . � (6ob) Mattson � ' ��. Sr. . 392 60E 403 493 34) 771 536 269 352 4.243 Over- votes -.0 7 _ 0 2 2� t 1 0 Q p . Under- votes 93 109 87 75 � 8A 12g 17q 73 52 g75 Write-;n . � RosaNe � Votes 0 0 D 0 4ah7 7 0 0 � 0 0 7 �, TOTAL ... 1.057 � 1,461 1.070 ?,77R 1,076 2,196 1.548 760 857 11,743 _ _ _ _ _. . . __ ;` zs9 � PUBLIC HEFlRING MFETING OF ItlOVEMBER 13, 197FS PA6E 8 �i �, � COIINTY AUDITOR � . , W-1 P-1 W-7 P-2 11-1 P-3 W-2 P-7 M-2 P-2 N-2 P-3� H-3 P-7 N-3 P-2 W_3 P-3 TOTAL � I i r I i II i i tharles R. 601 823 587 JOi 637 i,353 BII3 4?4 556 6,540 Lefebvre _� Bt�� 367 537 � 346 417 357 663 543 228 244 3,702 Scott Over- vntes 1 � 0 2 1 1 0 1 0 0 6 Under- 86 701 75 59 81 180 727 '83 57 A45 votes Nrite-in 0 0 0 0 0 0 0 Yotes _ TOTAL 1.057 7,461 1,010 7,778 7,076 2,146 1,548 . COUNTV SHERIFF � Ditk 398 572 342 47h 470 7.02� 577 Lzng R31ph Id. � � 'Buster" 573 793 609 644 � 557 953 R61 Talbot �._ _„ OVer- � 2 7 0 7 0 ' D 1 votes --- �� .— �— -- --.-- Ueder- � yS 68 5R 98 2Y3 109 votes __ _ • Date G. 4lrite-in Johnson � 4otes C 0 0 0 � 1 0 0 TbTAL 1>057 7,461 1,OlD 7,176 7,016 2,190 7,548 COUNTY LOMPl1SSI0"!ER FIRST �ISTRICT � tiike E. c52 80S 549 709 557 1.]68 752 0'Barnon _, __ .___ Narvey $�$ ,S7 36H 403 384 836 610 Peterson ._._ _�� _�. _— -- Over- votes Under- Hozes 0 0 0 750 851 i7,143 347 320 A,4b0 326 4i8 5,755 0 1 6 87 SE 831 _0 0 7 760 657 ]1.143 _ 5.731 3,6G6 COUNiY C01;115510YE4 f]RST DISTR[CT (COfiTS"lUEOj. � N_1 P-1 A'-1 P-2 4l-7 P_3 W-2 P-7 A'-2 P-2 41-2 P-3 W_3 P-7 W-3 P-2 8-3 P-3 � TOTAL 1.. 1 0 D _ 1 0 _ 1 _ 4 E6 C9 73 65 94 192 1T5 __ _ %z5 Write-in 0 0 0 D� 0 0 0 Yotes __ tOTnL 7,057 1.461 1,010 1.17II 1.i76 2.196 7.St8 D 9,526 � ---- 290 Alberi A. KorJiak Over- votes Under- votes Nrite-in Votes TOTAL PUBLIC FiEARING MEETIP7G CF F;DVEfdBER 13, 797g . COUNTY CObL'1[SSIONER FOURTN DISTRICT 0 Q PAGE 9 616 743 1,359 0 0 0 142 � 174 �� 256 James A Brazeit 1 Marvey '•Peterson 1 p p 760 857 1,617 . � � � LOUNTY ATTORIVEY ��. Robert W. � �, JoMson gz3 1.199 � 799 940 847 1,733 " 1,213 5�3 696 8,817 Over- - _; votes 0 0 , 0 0 0 0 0 0 0 0 Under- ��. votes ' 234 2b2 211 236 235 46T. 335 287 161 2,324 � ' Mike McOough � • Rrite-fn Carl Newquirt � ! Yotes 0 0 0 G 0 Esq. 1 0 0 0 2 . ;. . Ttl7AL 1.052 1.A51 1.010 1,178 7�076 2•196 � 1 59R I60 &57 14 �! � . i / i / � i r' � COUNTY P.ECORDFR � � Y-1 P-1 M'-1 P-Z N-i P-3 W-2 P-7 I1-2 P-2 W-2 P-3 N=3 P=1 W-3 P-2 W-3 P-3 TOTAL Ted J. 817 1.1?0 �791 923 825 7,720 1.791 565 680 8>688 Gudahl ! Over- � �� YOteS � O O O O O ' O O O Q Under- —� votes 240 297 279 255 251 . 476 357_ 195 177 2.455 Nrite-in Votes _0 Q 0 0 0 6 C � D 0 � p 7pTp� 7,057 ),451 1.010 1.728 1,076 e.196 1.548 7G0 857 17,143 . � COUNTY TR'cASURER Donzld C. � I CaileY E25 1.171 785 952 834 7.774� 7.198 569 687 , II.�29 Over- wtes 0 9.�b 0 0� 0 Q � D 0 0 Undcr- � � � � YoFes Z�Z 290 225 226 242 _ 487 350 �791 17G 2,d13 Otfver hrlte-in � Erickson � Yotes 0 0 0 U 0 1 0 0 0 ) TOTAL . ],C57 1,461 1,010 1,V8 l,�lb ?,195 I.SA8 7G0 657 71,1<3 A r PUBLIC HEARI@G t1EETING OF NOVENBER 13, 1976 ]rYing J. �� Barrett 800 1.144 Over- � 0 voces _ �' �r 257 3t7 i ruies ^ I. I . �,, Ftrtte-in � C '. Yoies _---_- -- i I i '� F � I i i . C0l1RT CO�IISSiONER T82 908 797 7,67b 1J57 0 0_ o 0 0 22g p76 �285 �520 397 ____ _ _._ _. _, 2ei �� 'i PAGE 10 il 546 � 659 8.463 � 0 0 � 274 19B 2,680 p !1 D 0 _ 0 0 0 � - _ LWRI� LOF4IISSIONER (CO"lTPJUEO . � b!-1 P-1 k!_1 P-1. W-1 P-3 W-2 P-7 W-2 P-2 N-2 P-3 W-3 P-1 N_3 P=2 11-3 P-3 TOTAI T��y 1.Oi7 1.461 1.010 1._iTS_ Z,07fi 2_i96_ 1,545 160 B57 17.143 JUD6E OTSTRIC� C�ORT IOTH dUDiLiAL DISTRICT � �� F 803 1,14E PS 475 Bil 7,690 7,156 . 553 672 II.521 a:btv,r __—.— - -- _ - �� 0- D 0 0 �` C C 0 0 __11_ wtes __, __. -- ��Er- ZSA 375 � Z35 ^c63 255 504 _392 207 785 2.620 �•ntes -- _-- - Thomas � Flolid 7 - � Spencer XrSte-in Sokolowski Yotes � p, � � 0 �_ 0 0 0 2 TOTAI 7,057 I,SSI ' t.OTU T,i78 " 7,07b 2,756 1.546 � 760 857 77,143 ,�UUGE tlIST:TCf C�UKf IOTN JUL`ILiRL D'.STRICT Esther M. ioA�tjano-- �� t � �fi �qg , 7,65G 7=�43 545 645 8.3-07. vich - — � 0 0 0 6 D 0 Q 0 0 Q YOiPS _ _ - - ��:- Z77 350 238 Z82 277 539 405 215� 212 2 i95 rotes - - .. Jerorre NriLC-in Yaor6a [sq: � V4LeS 0 Q � � D 1 0 0 0 1 76� 2,657 1,4G1 1,010 T,178 1,O7G 2,795 _1,@-08 760 857 11i193 .71i0Gf Of COLT�iY CDURT - ' �seph E�. P1 7.0?E 762 44�1 796 1.613 1.122 538 622 8,244 uaego _ -- Qner- �Q - 0 Q . 0 � 0 0 0 0 0 ' 0 rotes __ ._.__-_ �— ---- --- . . -��-� _---�-_ _---�--..._ ,_.____.'-__-�--._------�-----... ___._.__. . __.__._ ..,� � �. _ _ i 292 i I PUBLIC NEARING MEETING OF NOVfFiBER 13, 1978 PAGE 11 I ' JUDGE OF COUNTY COURT (CONTINUED) W-1 P-7 W-1 P-2 W-1 P-3 N-2 P-1 W-2 P-2 u-2 P-3 W-3 P-7 W-3 V-2 W-3 P-3 TOTAL i Under- . z86 365 248 274 2B0 562 425 222 235 2,89) voYes i - ' Mark N. Nyman k'rite-in McGarthy Smith ' Votes 0 0 0 0 0 1 1 0 0 2� � TpTp� 1.057 1.4G7 1,O1D 1,176 . 7,076 2,796 1,548, 760 857 1),143 � JUUSE OF LO:NTY LOURT � James L ' . Knutson � 777 1,737 764 977 815 1,648 7,742 � 562 642 8,392� Over- votes 0 0 0 0 0� � 0 0 0 0 0 Under- � . • - votes 286 324 246 267 261 "� 54Z 406 T98 215 2,750 Rob6 ' Nrite-in � , Scott � Yotes 0 - 0 0 � D 0 � i• 0 . 0 0 1- �T� 1.057 1.461 . 1,070 1,178 7.07b 2>796 � 1.54$ . 760 857 11 J43 Edward E. �37 1,066 Colenan _ Over- 0 0 rotes Under- votes �6 395 flrite-in Yotes T07AL " JUUGE OF fAUYfY COIIRT � ' � 778 E50 764 � 1,566 1,069 521 591 7,906 0 0 0 0 0 0 0 0 292 318 312 609 479 239 266 3,236 Daniel 0 0 0 0 0 ��jYer 0� 0 0 � 1. 1,057 1,461 1,070 7,178 " 1,076 .2,196 1,5A8 760 857 11,143 x SIIPERVISOR SOIL 5 WATfR COMSERVATI9Y DISTRICT ND. 3 ��N-7 P-1 4I-7 P-2 W-1 P-3 W-2 P'-7 W-2 P-2 k-2 P-3 W-3 P-1 W-3 P-2 N-3 P-3 TOTAI Gen � PeYerson 752 1,097 �741 890 777 1,615 1,106 53�J b28 Q,136 Orerv • votes 0 0 0 0 0 0' 0� 0 8 0 UnGer- votes 305 364 269 288 299 57.9 442 Z30 229 3,005 ac0- on i- All tirite-in votes r..ust be canvass?d by the Anoka Couniy Auditor's office for the Supervisor Soil and WaYCr Conservation District 1;0. 3 as a write-in � Write-in vnte is on7y good if the person vated for tives in ihe district. j Votes XitYleson 1 Z i TOThI 1,057 1,461 7,070 1,178 1,OIu 2,196 1,5A8 760 857 71 J43 � , PUBLIC HEARING MFETING OF NOVEMBER 13, 1978 _ _ 293 PAGE 12 .t,..., ..._. _ .. ....__ __..__._. _ O1`sru Erickson 7 �zY 7 Pedersen Nolcan 1 0'6annon 7 2eleny 1 I;ehall 1 � SandsYrm 2 � '� Nerner 1 1 7 Ficocello lFio >n 2. all 1 Nilliams 9- W hlexandra 7 Ha9u_'1 Set.erstron �ersct�3 g�randt �. Neieren 7 Hum�ick 1 Cape 2 Shaliky 7 Rogers.l Selisk�r 1 Ze97an 1 � Nichol5 7 � Lzwrer.ce 1 5ims 1 Nilson 1 Yoi t 1 Sei.l.er 1 iruenfels 7 � parker r'ay 2 Amborn 1 4:ah1 7 Stroetz 1 9 � Hig;ins , � 7 . tletca7f 1 Fjad=r � Schaffran 7 0'leil 1 � Rossman 1 May 6 All write-ir votes must be canvassed 6y tne Pno'v.a f.ounty Fuditor's offite - for the Supervisor Soil an� 4later Conservatinn District Ilo. 4 as a Nrite-in Nrit^_-in vote is only good if the persan voced for lives in .he distr'[t Yotes - Hiema 1 Patrange� i� T6"CAL 1.D57 1,461 7.070 T,178 1,0)6 2,196 1,548 76D E57 17.743 SUPERVISOR SOII S kATER LOtiSERVATTOtI DISTRICT Tlo. 5 � kentor C. 'Duke" Addicks, ' � � �r. 699 7,078 TW . 821 734 1,516 1,OA2 497 583 7,619 Over- votes 0 0 0 0 _ 0. 0 0 0 0 0 Under- votes 358 M143 303 357 - 3d2 678 506 263 2�4 3,524 � All �+r"rte-in votes�must be canvassed by ihe Fnota County Auditor's off;ce ' fOr Yhe Supervisor Soil and Water Consereation District tlo. 5 as a Nrite-in Nrite-in vot�e is enly good if�tte persOon voted fOor livesDin Che diOstrici. O 0 0 Yotes � . __ —.— -- ' SL�F'CRVISDR SOIL & k'ATFR COtlSEFV4TI0N DiSTRICT �t0. S�ONTII:llED�, � W-1 P-1 N�7 P=2 W-1 P-3. 4; ?. P-i W-2 P-2 R-2 P-3 4l-3 P-1 W_3 P-2 H3 P-3 TOTAL �T07AL 7.057 �1„9f>7 . 7,D70 1,178 _1,076 2.196 1,548 760 _ 857 11.143 � � � COUNCILFIEMBER kAP.b 7 . Ed 427 Hamernik Cheryl Pt�ses � _ 506 Dver- 3 votes On6er- 33 votes 657 573 6 24 437 5M17 2 3M1 Nick 4lrite-in Graifa ' . l'otes � � p — TOThL 7.057 7.461 1.070 . _ . � COUBCILFSEIIBER WARO 3 Ed � � Fitzpat�ick Mer- wtes Under- ! YOYI'S Write-in Yotes 70TA1 7.711 1.714 17 97 7 3,5T8 1.272 617 737 2,626 0 0 0 0 � � 272 14T� 120 533 - Ro Price i Irene Gus Doty 7 Meertens � Toni Nedman 7 1 , - Helen Johnson 7 Frank Liebl � p 4 4 1,548 760 � 657 3,165 ---------------------------------------�-------�-- -*'A , PUBCIC NEARING MEETING OF NDYEMBER 13, 1g7g i PAGE13 ,. . F4EH4ER OF fIDSPITAL BOARD FROM THE CITY OP FRIDLEY � . 1[-1 P-1 N-1 P-2 F!-1 P-3 N-2 P-7 �M-2 P-2 W-2 N-3 IV-3 P-7 W-3 P-2 47-3 P-3 TOTAI Patricia � Johanson 892 7.254 . B37 951 668 1.)37 7.246 597 700 9,082 �� Over- � � - . i � xetes 6 p p p 0 O 0 p p 0 j UnGer- I votc, i64 207 173 227 208 M152 307 � 163 157 2052 . —Gr 'Tc —f-- --- un e LesTie Shaw 1 � Hrite-in Parker [offee 1 � Votes 1 0 0 0 ON6acons ; Nedman'.. � —T1-euenfe s — TOTAL t.05T 5.467 I,D70 1.1�8 1,076 Bac2 196 1,548 760 9 B57 71.143 HENBER OF HOSPITqL 60+1ftD TO BE ELECT�� AT LARGE ��er asptza eglan 1 ' � � .Pylaticek 1 Troenrels 1 G. Bacon 7 - . . Carlson 7 ponahoe 1� Seiler 1 Brenner 1 Shegstad �rucker 1 C. Bacon 7 � . .��J� i Ftarshal7 7 1 Treuenfels Lehman 2 Wilmes 1 Treuenfels 1 �� k'eimar 1 Treuenfels,. 7 Archeta G. Bacon �3� Higgins ]� Taliaksen f Goff 7 � I.i7son 7 1�Spenny 7 erman 7 Haines 1 Barnett � Goff 3 dohnso�Legatt 7 Treuerfels 2 F1aSOrt 1 Schreiner Si�mns 7 �ohnston 1 �Hudviik 1 Goff 2 Grie6enow 7 Vanous 7 Vrite�iir� � '�� T Kinvao F°9elstad 1 Hyman 1� F;cMahon 7 Truenfelds 6 Potes fngdahl Edrrards�l price 1 Braziel 1 Alexnndra 1 � � 3;�Goff 7 May 2 pederson 7 Fitzpatrick 2 � Williams 1 --He man — TOTAL 1,04T S,4fi7 ].010 1,778 7.076 2,196 7.548� 760 857 17,743 t. the fotlowing officers were declared elected: [OSRvC1L1,.q;gER WARO I. - CHERYL NOSES [OUtiLILFiE7�IBER IdAR➢ ]77 - EDWNtD FITZPAiRICK 0• ihe following is a truc copy of the ballot used for Ward I. I � �� j �' C:��L�� CITY OF FRIDLEY . . ! 'h?�i�%�t c�ru�,�Qp - ' � . City Clerk , � ' ANOICR COUIJTY, MINNESOTA �. . � TUESOAY, NOVEIdBER 7, 1g7g ' ,, Pot an X opposite t�e name of eazh candidate ; • . you wis� to votc lor in Ine square intlicateE by .. . � tne artox�. . . COUItCILMEMBEq — y�/pqp � � � Vote for One_Term Three (3) Years � jCHERYL MOSES � ED HAMERNIK � i i -y.1 I• i � � � PUBLIC 34E�RING MEETING DF NDVEi�iHER 13., 197F E, 75�e iy+l9awing is a trv+e cogq oY Y�he �nllat �.used 3nr Ward III.. .._' _'.__. . --.._ ' __..�., ��°�'�' ��°�'9�� Ity £ledc /WOXA CUUMTM, T7ItNNE50TA . T13ESDAY.7�DUEK+BER 7.1978 ' PotanXO7�posiFe]he ramemf�eachcanditlate pDU wisfi 10 vo4e im �.in thesquare intlicatetl by � tfie a+row. coua�ow�n� — �aao ni tlote tlor Dr�e. T�rm Three_(3) \'ears Ep FfTZPATFi1DiC E. 7'#s sams mfi trie 3�9es of t3ae e3�tnan m+� a3 inllaws.: k'A'HD A'AP.£CItVCT 7 4'v`7iRD n�REC7NCT 2 Caxzn Eaans d�3se'FicLellan C3iiiar'd 6less �CruoYhy ��Houck ppar� •Ilohnson �� ,.�� Sfid:r�lry'Kniilan Sandra &oran Svrriime Prindle Camia.la Y�uell�r R��a-i�nn �:fleseman �,n� .,�g� I�hTy T�ull�ivan Lb.rnS eallaksen !6tzmg E. 'Storicy L�tvlyn :hi[�lmen. � Wlii�aE Anderson M3¢n $urLimi l.mi$ iki�rres Jagr�e T:n61� E+uPl3m 3elErski du7ae Ske7zua HIdtD 1 PRf27T7CT 3 4e7ma Pinks 6Avria .Iuers Al3te t1o1 }Aaryaret �oarell Charlee� Swar,sm Rosali2 Halling llaih9lda Johnsan �tpsetla Amar yi iilnd Yivian LnhYi amam a rR�c�r;cr i 7�;,'imy 5teinmetz �a.Riy Dremy .S�:lite �Peterson pmrrayne 4leiss �lvria .Olsor! Wao7�eY 6urtan d?nia �Pierce RAnrirl Po�neroy R,Wrfi:cl Littlejohn �an,y iBCihoffer danice Ilebeisen 295 �AGE 14 � _�_ —.__.__._._'.------�..-------'—�--'----." . '°n / � u PUBLIC HEARING MEETING OF NOVEMBER 13, 197g IdARD 2'— pR��T Z Nelen Shaffer G7adys Luhman (M'. Chris Aasland Jcan Long Joan Swenson Yarlis dohnson Kat�en Bjorgo Pat Ar,derson Jeanette Ftitholsk7 Ruth Det+�rs - HARiI 2 P'- 3B Judy Engebretson Adeline Swanson fYaida Kruger Yar3ene Steichen Jean Gerou Ne�riet2a�Olson Virginia ¢ureau lar7ene Sonste9ard Jeaa lee 6eorgine Henkel Yirginia Schnabet Shirley F,osman - IPARD 3 PREC7NCT 2 � PnL Dittes � par7ene Yallin Cdarlotte Ertandson Jcanne Rcetering Sa6ena t^.ostrom Oolores Lfiristenson 6ea Ellis Itene Anderson Ba*'L 6ohman N 1ffAlTfi CARE FACILITIFS/HOSPITAL JUC6E5 Darlen= OveWy � . . LaYer.ie 8r..zi] ' < f/'��i7/�''��` . COUI:C; �,iT!B�'R ��,.�,,2. S, �'�w t^ABNLILFIEF' CUV�Lh1E IUER 1'l-�J-kr✓/(� . U�I 1LHEF� ��1lil.nr4A�,2"� FVlRD�2 P------ gE�tN�i 3a �Bev Kinsman Jean Wagar Edna Erickson Barb Witson Delores Mellum Verna Ptelius Nan[y Strong Jane Pertinen Robin Suhr6ier Doraine Ne�rland Jolene Hart �� WAR� 3 PRECINCT 1 Jordis Mittlestadt Lonnie Samuelson Nina Maeser Roz Mitchell Mar7ys.Hinsverk � Gladys Silseth - 8etty Bonine . Jo E. Caron Elayne Nielson Janet Kothman Betty Scott Rana Eastwaod HARD 3 PRECINCT 3 Jean Johnson Ycronica Olsted Betty Pie7son 6emaine Wolsfeld� Florence Gordon linda TaUey Bev Miller Laverne Roseth 6ladys.5yverson Helen Daly . a �n'„`^'.�"" . • � YOR - WILLI/h J. NEE PAGE 15 � � � ___ _ _ . _ _: _ __ _ ._ _ _ � _-- —_ _ _ _ -. , ----- 297 '' OF NOVEMBER 13, 1978 PAGE 16 ' � � PUBLIC HEARING MEETIN� ��. 1 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, . Mayor Nee declared the motion carried unanimously. Mayor Nee indicated that as the City has appropriated monies to provide a plaque for recognition of Fridley Ni9h School's Football team winning the championship, it would be appropriate to do the same for Fridley � j Grace High School. MOTION by Councilman Schneider to appropriate up to $100 from the contin9ency fund for a plaque recognizing the Fridley Grace Hi9h School Football team for winning the State Class A Champ'�onship because it does bring honor and recognition to the City of Fridley. Seconded by Councilman Barnette. Upon a voice vote, all voting aye> Mayor Nee de- clared the motion carried unanimously. ' APPROVAL OF LETTER FROM MAYOR NEE TD MAYOR OF POURMIES, FRANCE: The Louncil reviewed the letter written by t4ayor Nee to Mayor Fernand Pecheaux of Fourmies, France, stating that the City wi11 pursue appropriate avenua to enhance the Sister City Program. N'�DTION by Councilman Schneider to approve the letter from Mayor Nee to the Mayor of Fourmies, France, regarding the Sister City Pro9ram. Seconded by Councilman Hamernik. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Councilman Schne�der. Upon a voice uote, all voting aye, Mayor Nee declared the motion carried unanimously ar.d th? Public Hearing �- Meeting of the Fridley City Council of November 13, 7978, adjourned I ; at 9:00 p.m. . t Respectfully submitted, Plilliam J. Nee Mayor Marvin C. Brunsell Recording Secretary Approved: � RESOLUTION N0. �97g _- A RESOLt1TI0N AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND (C.E.T.A. AND OTHER) WHEREAS, The City of Fridley has expended, and received certain funds for C.E.T.A. during the first ten months of 1978, and WHEREAS, These C.E.T.A. funds were not budgeted on the revenue or the expense side of the 1978 Budget, NOW, THEREFORE, BE IT RESOLVED, That the General fund Budget shall 6e increased as follows: REVENUE C.E.T.A. APPROPRIATIONS Planning Commission Other Cortnnissions City Manager Personnel Finance Assessing Police Fire Code Enforcement Planning Civic Center Engineering Public Works Maintenance Naturalist Parks Recreation $215,184 $ 131 186 26,254 1,941 4,876 10,574 44,896 5,588 7,430 15,724 1>221 1,608 9,206 34,272 14,391 36,886 �215,184 BE IT FURTHER RESOLVED, That the budget for the General fund shall be further amended for November and December 1978 bv the amount of C.E.T.A. funds received for the period, so long as appropriations do not increase more than the additional revenue received from C.E.T.A. for the period. BE IT FURTHER RESOLVED, That the budgets of various divisions shall be amended as follows: 1 : Resolution No. = 19�'8 Page 2 Legal Reserve for Contingency Assessor Accounting Elections Police Revenue Reserve for Contingency Fire Revenue Reserve for Contingency Code Enforcement Reserve for Contingency Planning Engineering - Naturalist Recreation TOTAL ESTIMATED REVENUE APPROPRIATION $24,793 17,108 $41,906 $ 4>250 (4,250) 3,300 (2,900) ( 400) 50,000 (25,202) 31,600 (14,492) 5,000 (5,000) 3,000 (3,000) 3,000 (3,000) $41,906 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. NiAYOR - WILLIAM J. NEE ATTEST: CLTY CLERK - MARVIN C. 6RUNSELL � lA : CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANA�ER, AND CITY COUNCIL FROM: MpRVIN C. BRUNSELL, ASST. CITY MGR./FIh7. DIR. SUBJECT: BUDGET CHANGES FOR THE FIRST TFN MONTHS OF THE YEAR DATE: NOVEMBER 22, 1978 The attached resolution and the memorandum have been changed to reflect ten months actual history versus nine months used for the prior resolution and memo. The attached resolution would to two things. It would amend the budget to reflect the C.E.T.A. money already received and to be received by the City. If the budget appropriation amounts were kept current with respect to C.E.T.A. funds, we could put out a more meaningful operating statement. The resolution also authorizes certain other budget changes. A brief outline of the other changes followr. LEGAL Current projections indicate that we need approximately $4,250 more in the Legal Division. A bill of $4,250 was incurred for the City Attorney for the Zimmerman trial. These funds should be coming back from the insurance company, however, we have not received them as yet. The reason this budget is overdrawn is because of the extra expense for this unexpected trial. ASSESSOR The Assessor is short approximately $3,300 in the personnel section of their budget. This is due to the Assessor charging less time to special assessment projects than was estimated when the budget was made up. We will be able to make this up from the Accounting Division. Some funds will probably be available from the Accounting Division primarily because of the fact that we were without a person in the office for a period of time. POLICE The budget for the Police Department is being amended principally because of personnel costs associated with the STEP Program, personnel costs associated with the union award, and to give the department credit for money received from insurance 1C NASIM M. QURESHI, CITY MANAGER, p�JD CITY COUNCIL BUDGET CHANGES FOR THE FIRST TEN MONTHS OF THE YEAR NOVEMBER 22, 1978 PAGE 2 on a police car which was destroyed by fire. The department had to purchase an additional police car. The detail of the budget requests and the reasons are as follows: Step Program Phase I-$30,742 Grant Received from the State of Minnesota for the first phase of the STEP Program in 1978. $19,348 Additional City cost for personal services associated 16,724 with the first phase of the STEP Program. (This assumes that two officers will spend full time /nine months in 1978 / on the proaram with the average cost per officer of $24,052 per year, including salary, pensions, insurance, uniforms, etc.) Note: This is not being reimbursed.) _ Step Proqram Phase II -$26 351 Grant This grant is being accounted for in a separate fund. However, the City's share of personal. services expenses not budgeted for will have to be provided for in the general fund. Nine months personal services costs are $12,�24 less expected revenue from the grant of $6,588 leaving $5,436 to be financed by the general fund. 5,436 It is assumed that expenses for the STEP programs, other than personal services, have been provided for in the general fund budget and no additional funds are being provided for these. Additional costs associated with the union award over and above the amount budgeted, not including additional fringe benefit costs. 8,700 Cost of police car that burned. GRAND TOTAL OF THE ABOVE 5,450 $55,658 It appears the Police Department will need approximately $50,000. There were some vacancies in tne department during the year, therefore the full 555,658 should not be ne�ded. 1 NASIM M. QURESHI, BUDGET CHANGES FOR NOVEMBER 22, 1978 PAGE 3 FI RE CITY b1ANA6ER, AND CITY COUNCIL THE FIRST TEN MONTHS OF TNE YEAR The Fire Department will need additional funds in the personal services area. The extra personal services relate primarily to the charge of $i,080 against the department by the Management Analyst, underbudgeting temoorary err4�loyee account, (This is the account fire volunteer firemen charge their time to.) and pension costs for volunteer firemen of $11,883. This $11,883 show as additional revenue on the revenue side of the budget also. costs of the will Approximately $13,000 additional will be needed in Account 4371, Maintenance and Repair of Equipment. An engine went out on one of the large fira� trucks. This replacement engine was not budgeted. The total cost associated with this was approximately $13,000. Also, the Fire Department sold an old fire engine for $5,225 with the understanding that they could purchase a pickup truck which cost $5,100. This $5,225 does show up as extra revenue in the 1978 budget, therefore the estimated 1978 revenue is being increased by this amount. The total extra amount needed in capital outlay is estimated at $4,300. CODE ENFORCEMENT $13,500 13,000 5,100 �31 ,600 The Code Enforcement Division budget is being increased by the amount of expenses for the removal of debris from the Hayes property; this cost comes to $6,328. This expense was not budgeted. The revenue will be coming back into the General Fund during the year 1979. It appears the departrrent will need credit for $5,000 of this amount. PLANNING DIVISION It appears the Planning Division will need approximately $3,000 more to tide them over until the end of the year. It is expected that they will receive approximately $4,879 from the State of Minnesota under Program 138 sometime during the later part of 1978 or early 1979. There was no budget set up for the Mandatory Planning operation for either revenue or expense. lE NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL BUDGET CHANGES FOR THE FIRST TEN MU�4TfIS OF THE YEAR NOVENiBER 22, 1978 PAGE 4 NATURALIST DIVTSION More personal services are being consumed in the Naturalist Division than was budgeted. The Naturalist, Park and Recreation people are spending more time in the Naturalist area and less in the Recreation/Park area. The resolution would increase the Naturalist budget by $3,000 and decrease the Recreation personaT services by $3,000. If the City Council wishes additional information concerning the need for these 6udget transfers, we will be glad to provide this additional information. ANTI-RECESSION FUNDS Because the unemployment rate in Anoka is considerably lower in 1978 than it was in 1977, the City has not received the amount of Anti-Recession Funds budgeted. Two employees, Ricky Bergquist, Recreation Program Specialist, and Phyllis Betterman, Clerk Typist in the Police Department, were budgeted as Anti-Recession Fund employees. The budget provided for these enployees in both the expense side and the revenue side of the budget for the year 1978. We will not receive all of the revenue budgeted for Anti-Recession Funds; however, we should be able to carry the two employees unti? December 31, 1978. MCB/et O � (n W ��-+ L 7 O W � � m i N CO �W F- Z 1�. (n W W Ol G C � .--i Q O C] G � 'L u_ �mw U a i Q f/N �.I.i L Z Q x c� H w Cr` C] � m LL O ct �Oln��.- 10010M�DMtAb-MI�tOtONn�--� �p d' IA NIOION�- 061TMOO�.nr Ol ON�001�01�0 �17 �n 1� 01�d'01ct MORUli�C0001 OCi'NtflOIOM p 1� C1 M lfl N tn V V I� �.- CO 11'f 1� V� O.- N CO CO � O�- � I�N��N l.C)rMr-Ni--'�-QOO1�O101100L7� r N .- .- r- r- M � .- l0 i- C M N �Y' �--� d' `A vi 000000 1 O O i O i O 1 O C- �O tp I 1 i 1 1 tA00000000000000 � O O 00000 N��MO�O 1 00 1 O 1 O I O� 01 Ol I i I 1 1 m ^ ^ ^ ^ ^ ^ ^ ^ ° • " C}vCvM`p� 6.f)M v M vp7 a' � � vi N I-- C Cf aw� o� W p � �mF �n V1 N N . � 0 w cowa I� L C Ol � � �--� 7 4 > m N G v � � N W � M iA W � Z W > W � O W I--� c F-- � W N Z O H 1--� Q ti � n. O K a d Q 1 r � p c}- I 1� D C Y� O N 1 O d" r- W� N r- l p 1 O M W Ln�00nnOlCbOMN N 00�01 W O I rr-NOl 1 1 0.71.!] W� 1 d'^NtpNNM W � tpr d'OCt'ln n�rrOld'd��0 N r � � Me-M tf� V W tn N 4Y io�o�oo�ornvrno�ninvrn�oo�oo�o�no v N M I� I� t� t.[) Ol .-i tn O� lD .-i lU h O lA O O O I� O l0 OIMN IO�tOd'tt1�00� tOOl17 N N lOCi' W M V O �O MIpN CT NC1� OIt�M �t�N.�O MO�I�lDO N I�NNNN�(1.--� NOIM 1`� �--�I�I�.-� 6�OlMCO.-�O �O r-1 e-1 O CJ .ti �I l0 '-1� M M�-1 Ot '-1 (`'7 V? N U C � C C N O 1� �- N C •N C {� VI O C •�d V1 ^•E N N E � C E N i V1 dl i V1 � �- O•.- (U C U N��C L� U U � O� U) i � C �- Y C C �(J � N 4- O C•� O Vl O T � O� O C N C i U/ 4- Ot V i�•r .- U O G U M1S C O v O O C C U dJ +� C U•'- � C � U ut N W•r- Ql U t6 RS N C i O r- +� C�n U .- C U G•.- S.. vt v Ol >- C UI > N t0 V�O N•.- N•.- N C• •r ��! i i d-� rtf L Y i O� N C V1 r- i>"O W> Ot.l] +� i U Ol a-� • a v.- �r- v� o• •.- o �•�- c� m m a� E cin.oc�d.�wtida�ic�c�ac�wn.za.aw J� �"- 0 h 1F ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of streets and alleys as described as follows: County Road "R", Lakeshore Avenue, Railroad Avenue, Oxford Road, and all the alleys in Blocks 1, 2 and 3, in that pertion of Mill Company's Addition to fridley Park, lying in Hillcresi Addition, All located in the South Half of Section 10, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby va�ated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Nearing: November 20, 1978 First Redding: November 20. �978 3econd Reading: Publish........ DAY 2 � CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASS�. CITY MGR./FIN, DIR. SUBJECT: AWARDING OF WORKMEN'S COMPENSATION BIDS DATE: NOVEMBER 30, 1978 The City has advertised for bids for workmen's compensation insurance for the year 1979. Bid notices appeared in the Fridley Sun on October 11 and 18. Specifications were sent directly to thirteen insurance agencies. Bids were opened November 15 at 1:30 p.m. The one bid received has been analyzed. The company bidding is Western Casua?ty Company. This is the same company that holds the City's general liability and fire insurance. The agency is Transcontinental Brokers, the same agency tha* has handled our insurance for the past several years. The workmen's compensation insurance is now being carried by United States Fidelity and Guaraniy Company through Transcontinental Brokers. Apparently, most companies are not interested in writing workmen's compensation insurance in the State nf Minnesota, particularly for municipalities unless they have the other insurance lines as well. In this instance, Western carries most of our otF�er insurance. One of the factors that is contributing to the large increase in workmen's compensation cost is the fact that basic benefits were increased about twenty- five percent effective October 1977. In addition, a new range of benefits ueere instituted making the overall cost increase thirty to thirty-five percent higher. This was brought about 6y a change in 5tate Statutes. Another factor adversely affecting the placement of �aorkmen's compensation insurance, is that Fridley's loss experience in 1978 has not been good. With losses, including reserves, of $104,660 for the year to date. The largest single loss related to a heart attack. In addition to regular monthly benefits, the employee is eligible for retraining and other benefits. These expenses are being paid by the workmen's compensation carrier. The plan bid is a retrospective rating plan, which means return of premium if any, will be based on Fridley's loss history for 1979. On the other hand, if our loss history is bad, the City could be assessed for an additional premium up to the ioaximum of $94,673 (the difference between the deposit and 594,673). In prior years we were on a sliding scale dividend-plan, �vhich meant dividends if any, were based on municipalities as a whole, performance of the company as well as the City's record. MCB:sh 3 ��•�_ f E U E +� v• 7 r � 4. •.- C Y O L 'C N � i i� 'O O N O C� R �- ta� � W 0. O N O �..� m 2 O � H W F- N CO . J p i� ' a o, .- 4' W m �L C. W f u ui '• � o z .�- O V ¢ Y N j W � 1- N [D U � .z. � - y a o 3 Z :. �. 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'!_ H w � � ro .. y > > O y F- L U�. v d } � c� w � O z T U C • N N O> > Q C, N � • � O V �n a-+ � •'- C YLI1p H v _] Z v C Q � lf) O i tn Vf iU ^� i f •1� N t/� � "O h.-N c o ar� ¢�<ch a a, r- v 4- 0 a Y U a s Y i � 4) N C a 0 u v � c � i � N C H U a) O C L N �'+ (6 r' � N ^ O' 6c� C 1!7 O �n N � �, i. a� .- a1 i aJ v I- G C C A1 L� rt1 ct O1 O +� _C 1 .- (+� p� U C []. r- C !n m r, E C V c .- �: a � o �- U Ql •r p .0 N C � r-- n.aiov�m � 3n �� . � 8A31 . � 3E • �9'�'�f �� t��Y UNIVERSITY AVENUE N.[„ FflIDLEY, MINNES07A G5432 TELEPHONE ( G12)671-3450 October 12, ]978 Transcontinental Drokers, Inc. 815 P�ymouth Building __ Mpls., MN 55402 Dear Sir: Enclosed please find advertisement for Qicis and Specifications for Ltorkmen's Compensation Insurance for tiie CiLy of Fridley. Return one coPy of this letter with the attached specifications when submittiiig your 6id. An addressed mailing label is en- closed for your convenience. _ Note instructions on Er.hibit A: 1. 3id will be opened f4ovember 15, 197& at 1:30 p.m. 2. Eacl� bid must be accompanied by a IIid Bond of not less than 5% in a form of either a certified check, • cashier check, cash or bid bond. 41e at tfie City of Fridley s�rould appreciate your help on this bid. Tf further information is needed, please call me at 571-3450. Si cerely, �3 � �l� / �� n i GOtD01d J. MT Purchasing A GJ�4/ pl attacliment s r 6Y DALE V. HADTRATH COMPANY TRANSCONTINENTAL BROI�RS ADDRE$$ 920 PLYA30UTH BUTLDING . CITY r4IPdNF'APOLIS, 1SINNESOTA 55402 TCLEPHOtd� DATE 333-8191 10-25-78 TnSormal Did . _ � Pu�,e 4 C. Retro:;pect-ive Plan _� Onc Ycar: SLandard Premium Basic Pr�miwn Loss I.imi.i;ation 10, 000 Dividend (if any) Loss Conversion TzcLor Tar. £actor Maximum Prc:mium Minimum Premium Three Year: Stanclard Premium Basic Premium Loss Limi.tation l0,OQ0 Dividend (if any) Loss Conversion Tax Factor � afaximum Pxemiun � 1�4inimum Premium Comments: $ � � `� $ � � �% .� � � � $ 259,854 21.3A none� iione� 1.125� 1.110p 109.3� 30 � (Optional) $ 55,348.00 � (Op+_ional) $ $ ZS4,020.00 $ 77,956.00 .. rame of 7usurance Company: WESTERN CASUALTY & SURETY COA.�PASY Rating: A+AAAAA Bid Submitted by: Agent: TRyNSCON^'rnrF�TTA�RP,nuFR� • Address; 9z0 PLYh40UTH BUIr�DING Telephone A'umber; 333-8191 MINNEAPOLIS, MINNESOTA 55402 3F � iIi ,� . 5 rsrn ror�r,t crru oz� r,ir»>a,v, h2rNn�rsoxn ivu�c�:r,�t�:; co;.si��;t�;;i��r7orr a�-a�.-7�/��:3 � 3G ,.«lU�: covr�;nr,a; n s�rn�rUTOitY covrr,nr�: z� �;ioo, o00 • 12-31-78 tu 12-31-79 IiIS'PORY: AVAIL�T3L� AT CITY IIAI,L. OT�TCT; OP 1�1H. 1dAR�'IN 23P,,Un �I;LL �li'lT 'fSi� I'OLLOI;TNG IN7'OR;3ATTUY 1'7IIliR� IJdDICA'PrD: � rical res-Liquor ice eet icipal (FuJ.l Time) g. Tiaintenance tractor's Pards er,ien (VoluiiLeer) COnE �A'TT PA1 ROL,I, 8£�10 8017 77'LO 550G 9910 7520 7SE0 '770G 9102 u�IJ 8227 7703 .23 1.34 G.07 8.53 2.07 5.42 3.75 9.$7 4.25 5.95 3..55 34.74 $:6�J0,300 $ 89,700 q»7.2; 300 `�185, 200 $1�1,(�00 y110,300 <w G7,S�G0 $100,700 �29:i, �00 � 19,C00 $ �S', 50{) $ 2J,233 L�'IZCE EiUD7i�'IC�'iTI01�T: .II8 - Gx�oss Premium $IIf,G18 Premium Discou.ii �---'- � . I17@t �S'G'SI11iL']7 ,�' ANhUAL � 1,53g � i,aoz ;>31, 70� $�1J, �I�)S yS 3,9GG .�', :i, 978 ; ?,525 $ 9,939 $12,G47 s i,1sc � 1,757 $lO,ICi6 $�9S,429 fi3f,G18 9 If guaranteed ciividend plau indieated size of dividenc3 Total T'in�1 Prerii.um: 3 YEAR I�Th7IUi,i •"h 9,764 � s,�oc $95,112 $47 , .',�4 �.11 , £ 93 �17,93�i y 7,584 �29,517 $3'7, 941 � 3,4�II $ 5,271 `.�'30, 4GS a � . I) If participatin� plan Uased upon losses indi_c��t-e final premiums based upon the follo�ving loss levels. B IiE : - _.. _.,,,, 10 to 15`,� 15 to 2a° 20 to 25 n 25 to 3U o 30 to 35 � 35 to 40 0 90 to 9�;"u 45 tio 50;� 50 to 55�'� n 5.`"i L' o G 0 0 GO to G5`."ro CiJ i:0� lno I�TAL PP.r;:4ItJ?:1 1?ILL I�?s': �; -- � .4 `J> ' � $ � —_ 4 � -- OF ISS[J1iA1CI; CO;!PA,iY R�1'PIt�'G Ol' AGPi�'i LCS Qg AGlil�'1' 5 J (;I�lill �- CI37 OF FRIDLEY PLANNZNG COMMISSION MEEPING, NOVEMBIIt 22, 1978 CAIS, TO ORDER: Chsirman Fiarrie called the November 22, 1978� P2enniag Coammisaion meeting to order at 7:30 P.M. ROLL CALL• Mrmbers Present; LeRay Oquiat� Robert Peterson' Richerd fiarris� Virginia Schnabel� Jim Lsngenfeld, Ned Storla {Mr, Storla arrived at 7:40 P.M.) Members Absent: None Others Preeent: Nope l. APPROVE PLANNiNG COMMISSION MIN[fPES: OCTOBER 25� 1978: MC/I'ION by Mr. Langen£eld, aeconded by Mr. Oquist, to approve the October 25� 1978 Planning Co�ission Minutes as written. UPON A VOICE VdI'E� ALL VOR'ING AYE� CHAIRMAAi HARRIS DECLARED THE MOTION CARRTID 2. RECEIVE APPEALS COMMZSSION SPECIAL A;�ETING MINUR'ES: OCTOBER 24, 1978: MdPION by Me. Schnabel, seconded by Mr. Petersoa, to receive the October 24� 1978 Appeals C�ist�ion S7i�cial b:eeting Minutes. Ms. Schnabel stated that regarding Item 1 on the firat page of the minutes, what they mersn by that is that they, as s Commission, prefer the format used in the sxisting ordinance� rather than the format used in the d�evment they were given to review. 2'he resaon they preferred the old formst vas that everything R-i wes in one section Rad everything R-2 was in one aection� etc.� whereae in the new format� they put a11 drive- w�ys� etc� together, and the Cc�issioners felt it vould be toa easy to misa something pestaining to a specific building area. Mr. Oquist stated that the w�y �he new ordinance vaa structured� it would need a table of contents snd an i�iex in order to find thin�s, Ms. 3chnabel ststed that the old format would be eesier for the public because they eould give them the section pertaining to their area� and everything aould re covex�i i.rz that section. Mr. Oquiat suggested that the changes and discuesiona from all the c�issipne be compiled into one document to avoid dupiications and to make it easier for the Plaaning Ca�mission When they discuss the reco�n�ended changea from the Coum�issiana. IP the recammended changes �reren�t consolidated, it rrould mean a lot of cross referencing for the Planming Commission, and since nost of the Coffiniasione rrere using the same process for revieving the document, it vould not be that difficult to con�olidate tha c�anges. � i PLANNING CONAff53I0N MEETING NOVEt+IDER p2 ].97$ PAGE 2 4 A , Mr. Peterson ststtd that sin¢e the Conaoiasions vere spending eo much time on the changea� he rrould like to see their discuasions and recas�endattona and suggested e cut and paete procees to consolidate the reccam�ended changes, and did not rrant tht over-Iey editorialized because hc did not Want to 1.vse aqy part of it. Mr. Oquiet stated it rrould be too much for each Plsnning Cam�issiomer to have a aet of each Co�ieaion�a ainutes in Pront of them when diecussing the changee. Ms. Schnabel egreed, but stressed the importaace of not having the minutes editorialized, Mr. I.angenfeld stated that hie Commiasion did not go through the document page by page, but his Co�ission vas eancerned about the noise ordinance� the over-lay and interim items, and ended up dec3ding not to reco�end spproval of the new ordinance as ie, xithout changes. , Ma. Schnsbel stated that there vere instances Where the Appeals Camnniasioners did not feel that the neW ordinance was in canpliance with exiating ordinances� £or instance, the Maintenance Code has different definitiona than the Zoning Oniinance, and tLe Appeals Co�isaion Yelt those shtruld be consistent. Mr. Harrie etated that each chairman see to it that their minutes� after the cut a� pasting process� crere un�edited when the Planning Co�ission discussed the �roposed changes, and he vould talk to staf: about heving the miautes consolidated and haW they Would lfke to bave it d�ne. UPON A VOICE VOTE� ALL VOTiNG AYE' CHAII2MAN HARRIg pECLAl?ED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE T'f� APPEAI,S COhII+1I5SI01t SP"�IA?. MEE�PII�', MINUI'ES: NOVEAIBER 1, 1978: MOTION by Ms. Schnabel, seca�ded by hfr. Lengar�feld to receive the Nwember 1, 1978� Pp, pe �s1� Co�ieaion Speci.cl Meetang Minutes. Mo. Setmsbel stated that regsrd3n� Item 1� on pege 1� at the October 24� 1978 �eting crt the �ppeals Caamission, they d±scussed the defin3tiona of 1Prami�y" and "p�cup$ncy Limit" e�ad there was s u,otiNn by tne Appeals Commicsion to bring to the Planning Co�rmiasion a definition af ra�37,y and Occupancy Limit" for their considerstion sad that a l��al opinion be �3j.ven an both definitiona. Ms, Schnabel ststed thac the Mianesota Wel�ere Departnent exaea tbree diPinitions of Family and read them ae follrnrs; 2) A group oP peaple who buy, prPpare and eat their food in e�,ammon. (Food Stamp Program), 2) A child 3.fving Frith an eligible relative releted bloodlinea, msrriage; includes parentE, aousins, aunts and uncles, "great"-relatives, etc. (AFDC), 3) 24aa ar more i�ividuals related by blaodlines, marriage or �doption, sharing a housing uait �ain� tained by at least one of the.m.(Genaral Assistance). Ms, Schnsbel etated thax those are dePinitions of "Family" and in the Zouing Orciiaance they attempt to defi�e "F'een�i]y", Ia terms of "pecup�acy L:imit°t, Hud�c definition was tOTote1 persons/bedro��housing unit, and is 2�bedroam, Nis, Schnabel stated the Appeals Commission decided that the deYinition for "Occupa�cy Liinit" in i:he Zoning Code should be "2 persons per bedrr� per dwelling unit". The Appeals Ccxnmiosion xould like s�e ki� of legal interpretation of the definitions. PLANNII� CObII�IISSION MEEPING� NOVEMBIIt 22, 1978 _ ppGE 3 4� Mr. Peteraen stated that according to that definition� the fami�y ia a three bedroom houae vith a mother and Yather and five children rrould be in violsti� of the ordinance. Hos+ would they hsrr3le that aituation? Ms. Schnabel stated that the problem aroae through the [efinition of "Occupancy Limit". There are s�e houses in Fridley rrhicb contain large nt�bere oY people who are unrelsted to eech other and at least one of these has caused a lot of problems Por the City, because of the campleinta about thia house. As an attempt to get aome kind of defiaition that would give the City some legal baeia vith Which to handle this kind of problem� the Appeals Co�iasion waated a definition of "Occupancy Limit" which would give the City legal recourse in thie type of situation. Mr. Peterson etated that he did not like the idea of "Occupancy Limit" because there are situations Where people have a three or four bedroom house xith enough children e�i the mother and Pather to put them over the legal limit, and did not like to put s�ething in the ordinance that would cause a problem for them. Ms. Schnabel stated that she understood that the situation was that if there vere no co�plaints about them� there wov].d be no prob3�m. Mr. Oquist stated that the eituation could arise where a neighbor wuldn�t like the Pemi],y and there you have a complaint� it could cause all kinde of problems with an ordinance like this. Mr. Peterson stated that he thought Minneapolis had a non-related ordinance triat has been effective, because basically in that situation, you are running a boarding house. A five bedroom house rrith 10 unrelated people is basicslly a board�ng house. Mr• Harris suggested that they get a copy of Minneapolie's oidinence and revietir it. 1dr. Harris alao stated that there wsa a Nu�sance Oxdinance which should cover a situation like that, that the Zoning Ordinance ahould not be considcred a cure-all. Me. Schnabel stated that the first inclination of the Appeals Co�miseion �raa to ttu'ow-out the dif�inition of "Family" and not even get into "Occupency Limit°� but the Msintenance Code has a definition of "Femily"in it vrhich reads: A group of not more than 5 peraona� vho need not be related by blood, msrriage or adoption living together as a single housekeeping unit." Mr. Peterson stated that since it rras alreacLy in the Maintenance Code� they ahould nat have to have a definition in the Zoning Code. Ms•Scimabel.stated that m�ybe when the Planning Coamisaion discussed thie, they would decide to throw it out, which was the Appeals Cou�iesiona' first inclination� but as they tslked about it, they weren�t sure if there were Other reasans the definition was needed. Mr• Harris atated thst he had talked vith the City Attorney, and the City Attorney would receive copies of their discusaione regarding the proposed changea, and he could interject, during their deliberations, his legal opiniona regarding the changes. Mz'• Hsrria stated he vould like to think about it and discuse it at a lster time, unleea they hed a apecifie proposal. Me. Schnabel ateted that the proposal wae to have a legal opinion on the dePinitiona of "Fami],y" snd "Occupancy Limit", and vould like to know if it would be enforceable. Ms. Schnabel stated she vould get the Minneapolis axdinance regarding Boardinghouaes and they c�uld discusa it at the Plan�ing Commiseion meet3ng. UPOiV A VOICE VOTEJ pLL VOTING qYE� CHqIgMAN HpRRIS DECLARED THE MOT20N CARRIID UNANINfOUSLY. PLANNIN(3 COI�4LCS�ION MEETING� NOVENBER 22, 1978 ppGg 4 �+. RECEIVE APPEAiS COMMISSION MINUP&S: NOVEhff3ER 1k, 1978; MOTZON by Ma. Schnabel, seconded by Mr. Oqulst� to receiva the Appea2s Coomissiaa Minutes of November 14� 1978. Mr. Peteraon stated that regarding Mr. Bruce Nedegaard'e request to build oa a 40 Yoot lot, he felt that by granting it they kould be opening themselvee up to a lot of other situationa auch ae if e person had a non-conforming use on a piece of pr�perty and it burned dovn, he could cc�e back and sqy that the precedent was tnat they allawed it t� be built back to ita original etatus. 4C Ms. Schnabel stated that she had questioned the same thing and also had mentioaed the F�yde Park area. Ma. Schnabel shcwed the Co�iaeioners e picture and an aeriel paoto of the lot in question. Ms. Schnabel explained that the house presently on the lot vae uninhabitable and if the variance request was not granted, the City vould co�demn the house and it Would be removed. Ms. Schnabel pointed out thet the aerial photo showa eeveral other 40 P�ot lots on the same street, so it wea felt that buildi.cg on this lot would be compatible �+ith the neighborhood. Ma. Schnabel al�o pointed c�st that the houae i�ediatel,y aorth wsa a very n3ce hone pn e 40 foat lot. Ms. Schnabel stated that ae they discussed the request, it became appsreat that the neighbors were very much in favor of Mr. Nedegaard bui.lding on the k0 foot lot, and since there were ot�� homes on 40 fo�t lots on the same street, it seemed reasonable to grant the request, rather than des�y the request and let the City condemmz the house� have it torn dorrn, vh:ch would take s�e time, and then be left with an empty 40 foot lat. Ms. Schnabel stated that Clyde Morevetz had talked with Mr. Herrick, the City Attorney, and i✓s�. Herrick felt it +aould not jeoperdize the law suit ";e�ceuse tha ].e*a suit was concerned eitu a peraon wha had brought the lots tax forfe'. - this lot was a full priced piece cf pro- perty, there vas the question of a corner foot lot es apposed to an interior »0 Poot lot, and the neighbors 3n this case xere •. f much in favor of a new dwe111ng oa thia �10 foot lot. The neighbors approached Mr. :�edegasrd and asked him to do this. ?sr. Nedegaard lives down the street frem the lut in que3tion. Because of these Pac��, the circcimstances were quite different from the law suit case� and Mr, Herrick wouid be r+illing to �rrite out a legsl interpretation Yor the C3ty Council. Mr. Harris stated that he could see thet this would be good for the neighborhood and could understand wk�y the neighbors wan�ted it, but ►ras concerned about �etting a pre� cedent they would be sorry fur later. Mr. Peterson stated that he had noted th�et Pat Gabel expsessed the same c�cerns in terms mf her vote. Ms. Schnabel stated she did too, in fect felt that all the Co�iasionerx did, but by the eame token, found it difficult to come up with reasona to der�y it with the ne3ghbors there requesting it. Ms. Schnshel noted that Mr. Kemper had steted thet if ttais had been a vacant loi, he psmbab�y never �aouid have voted Yor it, but because 3t did have e house on it tha� was currentl,y being used until just recently� he felt more ec�fortable going along with the request, Mr. Harrfa aeked vhet the difference wes bctaeen this lo� sssd another lot that's vacsnt, other than thia lot has a house on it. PLANNIhC COMMISSZON MEE'PING�, NOVEMBER 22, 1978 - PAGE 5 4� A4s. Sebnabel stated that lonking et it Prom another engle, if thie hssuse was Yor sale and eomebody bought it and decided to improve it� the City cauld do nothing about that. t�h'. Harris stated that that could be done, essentisl�y building a house :rithin a house, if the present houne vas that bad. Mr, Fiarrie stated that peraonal]y he felt granting the variance would be a goad thing, but was uneasy about the consequencea, mqybe not xith the preaent c�urt case, but a year from nov. Ma. Schnabel atated thst they may be Paced xith these same type of a2tuations ia F�jrde Park. Mr. iiarris stated that w�hat they were doi� thEn eeas continuing the use oY sub-atandar8 lats, vhich they had decided aot to do. Ms. Schnabel stated thet they had said they Would not permit neW construction on vacant eub-standard lots, but in E�yyde Park they t�ad said they would permit existing use of sub-standard lota to continue. Ms. Sc�nabel a.tsso etated that Mr. Ne@egaax�d l�ad in- dicated that this 40 foot lat c;�st over �12,000 and becauEe of this she £elt tha*, be- eause costs are sky-rocketing sc• much, they msy have to allocr thia kind of thing in order to continue to provide hc- :7g. t�. Oquist quastioned rhether ° shpuld be concerned about providing addltional housing vhea Fridley vas 9(�,c;r- _aed, Mr. Harris ev�gestec3 t�.ey tat� o€ :"iis item for three months, until Febxvary, trhile they stcziy it, and gEt n.judr,� ar, Prom the present court caee a� imor� where they are going with the problem. F�_wause everything ia frozen aqys,�qy� P�, IQedegaerd would nct be able to do rsn,ything witr it until Spri.ng. Ms. Schnabel stated thst an page 7� the 4th paragraph Yr� the top should read: Mr. Couture asked tbat if the �arage on Lc3t 5 were moved south 10 Peet� it eoi:ld sllo�r Por a 50 foot lot rather than a� io�ot lUt, rtnd wou3 the City give a variance for s 50 foot lot". Ms. Schnabel stated that oa Page 7, tbe 5th paragragh fre� the top� the vorde "Yra� Mh'. Traozik" should be deleted. l7s. Schnabel ststed that on Pmge 13, the 4th psragr�ph from the bottom, it should be 8 Peet not 4 feet. qPaN A VOICE VOTE� pLL ypTING AYE� CHAIRMAIQ HARRZS DECLARID TIiE k�iPION CRRftIID UNANZMOUSLY. MdPION by Mr. Peterson, aeco�ed by I�. I,engemfeld to recommead to Council ihet �-eaegaara*a request to build on tae 4o t�oot 1ot at 4626 2na street x.E., b� tabled for 90 days (December, January and P•ebrusry). UPON A VOICE VOTE, N�2. PEZ�RSON, 29{�. LANGENF'ELD, T4t. STQRLA, N6t. 02UIST VOTIIT AYE� APID 1�.S. SCHNABII. VOTING NAY� CHAIRNIAN HpFRIS DECLki;ID THE MOTIpN CARRIED 5 TO 1. PLANNII7G COMMISSIQN MEETING NOVENBER 22 297$ PAGE 6 $• RECEIVE ENVIROPIMENTpL QL'ALITY COt�SSZON MIN[I1�S• OCTGSER 17, 1978: MOTION by Mr. Langenfeld, seconded by Mr, Peteraon� to receive the October 17� 1978� Environmental Qval3ty Commieslon minutes. Mr. Langenfeld stated that on page 2, lettera Yrom Ms. Tohnscm and Ms. Scl�auls ehovld have been inclixied as part of the recoxYi and xere not.included vith the minutes. Mr. Langenfeld stated thst there rres a meeting at City Hell on Monday night rrhich vae attended by FAA, hL1Cy Metro Council, City oY Fridley Council, and Marshe Bennett among otbers. Mr, 7,angenYeld stated that the question of vhether or not there wae going to be airport expansion vas discussed, and also to incorporate u�er the MnDOT prcgram the discrepancies nated by their Commissian and others. Mr, I,angen£eld etated that it looked like the airport expansioa idea was in the meking, and there was talk of a Master Plan vith the approach of expanding piece by piece, Por e�mple, first gut in some lights, then weatner instrument fiying, with each thing being a ma,jor chaa�e. Mr. Langenfeld stated that tbere were indications of political involvement also. Mr. Langenfeld atated Lhat their Co�ission w*ould be meeting with New Brighton EQC and would be providing som�e kind of sw�ery. I�r. Lengenfeld stated that regarding Ms. Sporre's co�ents on page 7, 6th paragraph from the bottam, Ms. Sporre mesnt that if the or3inance eould be enYorced' she would be �rilling to spend the time. Ah'. Langenfeld noted that they had a nerr member on his Co�i.ssioa� Marvin Hora. UPQN A VOICE VOPE� ALL V("/PING AYEj CHAIRMAN iiA,4P,ZS DECLARID THE RiQTIpN CARRIEU UNRPIIMOUSLY. 6• RECEIVE PARKS Al'iD RECRE;ATZON CQ*,�'IISSIQM hLC ;IiPES; OCTGBx R 2?� 1.978: h%)TION by Mr. Peterson, s�: ..3ed by Ms, Schnabel to receive thc October 23s 197�, Parks and Recreation Co�t:;-:�on minu�es. Mr. Langenfeld asked if Mr, Petersan thought they could get co�wn grou� for snw- mobiling. Mr. Peterson stated they had leaeed the Sears Property j.as� yesr a� were reguesting it again this yesr� bui hsdn't hesrd yet. Air. Iangenfeld stated that h� hoped i4 sroulfln�t D� Locke Park. Mr. Peterson did not tiainl: that wpuld happens bec$use oY the problems �rith the �aild liPe. Mr. Harr3s ssked vhat could be done to divide the ouiside rinks to segarate the hockey p�c�ying frorn the ice skaters. Mr. Peterson stated that most oP the rinks are already separated snd mpat of the designated hockey rinks are not used very much by the formsl hockey progrt;m, but sre used by neighborhood kids. 4E PLANNING COtR•fIS3I0N MEETING NOt�'hIDER 22 197$ PpCE 4 F Mr. Harris etated he wae referring to the r2nk on the Stevenaon School property in particular� where there hae been a problem of hockey playing on the general rink. Mr. Peterson etated that it was a problem of enforcement. The rulea stete that there are to be no hockcy aticka or pucks on general rinks� and if there isn�t a hockey rink there� they should go to another rink designated for hockey pl.qying, Mr. Peteraon stated that it was written in the3r general instructione that there e�ea to be no hockey playing on general purpose skating rinka. Mr. Harria atated that he wouid like to see a aign posted on that rink prohibiting hockey plqying. Mr. Peterson stated he u+ould make a nate to get the general akating areas posted. The rinks with �rarming houses are p�steci and the attendents are supposed to enPoree it. iJPON A VOICE VOTE� qLL VpPiNG pyE� �FiAIItMpN HARgIS DECLARID Tf� MOTION CARRIED UNANlMOUSLY. T• REL"EIVE TAE H(R�1pN RESOURCES COt�4ffSSI0N ASIN[TPES; NOVEMBER 1978: MQTION by Mr. Storls, seconded by Mr, pqui$t� to receive the H�n Resourcea Minutes of tvovember 3, 1978. Mr. Storla noted they had discussed the International Year of the Child on page 1 oY the minutea. Mr. Storla pointed out Mr. Peter Fleming�s rem,srks regarding the N�emorandum oP qgree- ment on page 3 of the minutea and stated that they l�d spent until 11:00 on tbe Memorandum of Agreement and reslized that although they knew all the parts and their inter-relationships� they were not proceedin� in any order. Lqrry Dobson suggested ihey atart cutting and pasting to put it in an order that did make sense� and Piaal]y came to the conclusion that even if they did masim3ze its vnderstandibil3ty� it �aould still be vague and redundant. They then decided that the department should cowe up vrith a nea one. Mr. Oquist stated thrst he vas con�used about who wrote the Memorandum oY Agreement. M:'. Harris explained that the Human Resources Coa�iseion received the Memorandum of Agreement Proo the State, and when they came to the Planning Coamiission with it, the Planning Cam�niasion asked them to set up guidelines and goels as to how they would : implement the Memorandus of Agreement. When they had finished writing up the guide- linea� tbey had in reality �rritten up & new Memorandum of Agreement. Mr. Storla atated that the originsl one thst the Planning Co�nission had reviewed `ass the one from the State, and that was the one Mr. Peter Fleming had commented on. Mr. Storla pointed out the Flow Chart pn the last page which they modified Yrom the one Coon Rapids had deve"loped. Mr. (k�uist suggested that they devise their osrn Memorandum of Agreement and esk the State to sign it. Mr. Stor.la stated that they would review the new one and if it was I3ke tke lsst one, they would have to come up xtth une of thsir own. PLANNIt7G COHQ+IISSION MF�'fING, MOVEMBER 22, 1978 pp�E g �s G Mr. Narris suggested they forget about sending any letters to the Stste� qs Mr, Fleming hed suggeated. Mr. Stor2s stated that they wpuld not deal with the last Memorandum oP Agreement� and if they were going to deal with the State, it would have to be with s different one. UPON A VOICE VOTE� ALL �OTING AYE� CHAIRM,qN HARRIS DECLARID TAE MOTION CARRIED UNANIMOUSI.Y. 8. RECEIVE THE EI�ERGY PROJECl COMMITPEE 2•QNU1'Eg• NOVEMBE�2 1, 1978Y MOTION by Mr. Peterson, seconded by Mr, I,angenfeld to receive the November 1� 1978� Energy Project Co�ittee Minutes. Mr. Harris stated that they have had another meeting since the November let meeting, and pages 5 and 6 list some of the thinga they discussed at that meeting. Mr, Harris stated that at the next meeting, they would be voting for a chairmau. Mr. Langenfeld pointed out that on page 2� he was referred to ae the chairman and it should be Nh�. ftarris. Mr. Harrie ststed he felt very optimistic about the Co�ittee and feels they have a�e very good people on the Co�nittee. 1dx'. LangenPeld stated that they hsd Mr. Bill Davis fr� the 3tate Energy Commisaion there en3 Mr. Davis talked about a mini-audit they had taken on a large buainess in St• Paul and ti*i.thout making an,y majpr alterationa to buil3ings or aqything like that, they just taged things like lights on, etc., and ssaoed $25,Opp, Mr. Harris stated that Mr. Davis elso atated that they were using the Fridley Energy Project Co�ittee format snd charter as a model.for setting up their Co�ittee. Mr. Fiarris stated that as they discuased the different facets aP energy conservation, Mr. Davia had some interesting co�ents such as an economic crisis was what they were really ta}.king about. Mr. Iiarris also stated that as they talked it seemed that the State vas not rrilling to lead, but drilling to follow. AYter asking Mr. Davie various queations, Mr. Davis responded that they have the authority, but do not have the en- forcement authority. Mr. Langenfeld atated that he had asked Efr, Davis wY�y they vere being asked, us individuals to turn the thermostats docm, vhen large department stores weren�t and Mr. Davis replied that they do not have the authority to mqke the department stores turn dova their thermostats, all �hey can do ie ask. Mr. Storla etated that there c�as proposed legislation that if you sell your house� you must have an energy inventory, and you must hire e person qualified to do the energy inventory� a�3 the eeller can Waive the fee. hh'• Langenfeld stated that Mr. WalZ had indicated an interest in Block Parties� where neighbors �aou]d analyze each other'a ha�e end then� if necesssry, purci�eee the ineulatisn in volume to save money. Mr. Peterson atated the problem was not in buying in vol�e� but that there was nothing evailable tp b� that dces the job, Sn �erme of solar collectora and eolan c�at. Mr, iiarris stated that th� inaulation comp�niee cannot b�r inswlation. D1x'• Oquist stated that he had insulated about two years ago and n+as saving abaut 25� on his bill� but it appears ths3t pa more people inaulate and uae less energy� the ratee keep going up because the utillty c mi�±aniee hsve to meke their proYit. Peaple begin to feel that even if tl�ey insulate, 1t s,�ould not save them money, Mr. Peterson stated that if they had not insulated, the bills wpu� t��e 8�e up evett more. Mr. Storla stated that lrna income people pay ten t3mea more of their groea income oa energy than middle ineome people. MI'• Iierris indicated that on page 1 oY the minutes, he had steted that the target date crQe June 30, 1979, �� that if they Pelt t�=y aee3� more time, the Planning Co�.ission vould extend it. Mr. Harris asked thai Mr, Langettfeld give them progresa reporta on the C�itte. UPON A VOICE VOTE� yLL VOTING pYE' CHAIRMqN gpRgIS DECLARED THE MpTION CARRIEp UNANIMOUSLY. 8' ��NTINUED: MEMOR.F�NDUM OF AGREEMEP;'P MOTION by Mr, Storls� secunded by Mr. Langenfeld to table the Memorandum of Agreement until the language cen be worked out with the State Department oP Human Rights, UPON A VOICE VOTE� q�, ypTING AYE� CHA�N HARgIS UECLARED TI� MUPION CAR£<IED UIdANIMWSLY. 9• SIGN ORDIhAIvCE AT �MQTION by Mr, petsrson� seconded by hYr. Oquist to tsble the review of the aign nce. UPOtd A VpICE VOTE� qyi, VpTING AYE� CHAIRi4AN HARRIS ➢ECLARID THE MOTION QARR7s� UNANIMOUSLY. 10. 6T�t� BU_ g�gg; o A. Mr• Iangenfeld aeked thet they uce the 0ther kind of books for the agendas' because the pages fell out oP these. B• Mr• Tangenfeld diR+ributed letters regarding the opening of the Conaregate Dinsng Project, end stated that the Coam�issioners were welcome to come on the opening dqy, hfr, I,angenfeld stated thst the people invoived Wiili the Fr3d�ey site ere very excited ab�ut it, and :�ir, I,angenfeld stated that the program rras very beneficial becsuse it not onl,y providea needed Autrition, but allows the people to sociali�e while they dine. Mr. Langenfeld stated �hey sometimes have movien� sing-a-longa, or nutrition edvcation after the meals. Mr. I,anger�fe2d Et�ted that reservatiC,ns must be made 2 day8 in advance. Ms• Schnabel ssked if the mca2s vere prepared pn site. A8'. Lrsngenfeld r,trzt.ed that tha mealc� were prepared by the Nutrition Center in Mfnneapolis. 4 �I PLANNING CO2R�SSION [�SN[fPES NOVEMBER pp 1'T$ PAGE 10 C. Mr. Harris stated that he end t+r. Lrxngenfeld and the City Council had met �+ith the perspective coneultants on the revitalization of the dormi;osm srea. Mr. Hsrrie Pelt there were e wide range of pricea which were inacurate�y quoted in the paper. The low one wsa $15�5C)0 and if y�u added all the proposals to- gether� which the paper failed to do� they came to $35,000 or $42�000� which Mr. Harrie felt wae rather exmxbitant. 1dr. Langeafeld stated they Were going to do it in phasea. Mr. Harris etated that he wae not altogether sure they realiy needed a consultant oa the downtozm area, end felt the City Council shovld conaider it further. Mr. Herris etated that what they reccmrme�ed �+as that they stege the atudy in phases, such as complete phase 1 and meke a report and then tue City Council could decide whether they wanted to go on to phase 2, etc. The Council esked the emnsultants iP they would do it that way, and the consu].tants agreed. Mr. Harris stated that hopefull,v they vould do it that wqy, because he wss not sure they would vant to do the whole area. Mr. Oquiat suggested that Phase 1 should be to decide whether they wsnt to re- vitalize the dc�rmtown or not. Mr. Harris stated that Phase 1 wouid be an inventory of the area and conaurrance of the people in the aree, and after that was completed they could decide if they wanted to go on to Phase 2. Mr. Harris stated that he did nat think the Council should coffini.t themselves to the whole thing until Phase 1 was c�pleted. Mr, Herris suggested that the Co�issioners think ab�ut it and if they wanted to� they could make a resolution to C�uncil at the next meeting. o Mr. Peterson stated that the Planning Commission should be involved ia the planning process and the hi.ring of consultants was certainly part of the planning process� and so they should go on record one way or another regarding this, and a•nuid like to see the consultants proposals. Mr. Harris requested the copiea of the consultants proposals be sent to the membera of the Planning Co�iasion `rith the next agenda. MOTIOti by Mr. Peterson, seconded by Mr, Storla to adjourn the November 22! 1978 Planning Co�isaioa meeting. UP�N A VOICE Vf�'PE� ,4Id, u0Q'I21G AYE� CHAIRMAN HpFiRIS DECLARED THE MEEPING ADJQfA2NED AT 9:50 P.M. RPsSPECTFULLY SUBhffT'1�D: ,!,�� i7; ' %L-��/ � i'�>l�� Kathy Shel on, Recordiug 5ecretsry �i � CITY OF FRIDLEY APPF.ALS COMNffSSZON t�TING, �rov�.�Ex 14, 1978 CALL TO ORDER; Chairwoman Schnebel called the November 14, 1978, Appeals Coimnission Meeting to o:der at 7:40 P.M. ROLL CALL: Members Preeent: Mr. Plemel� Mr. Kempsr, Ms, Schnabel� Ms. Gabel� Mr. Barna Membera Absent: Othera Freeent: None Clyde Moravetz APFROVE APPEALS CO2�4ffSSI0N MINCfI�S: OG°POBER 20, 1978: MOTION by Mr.Barna, seconded by Ms. Gabel to apprmre the October 1C� 1978, Appsals Ca�ission Minutes. i� j Mr. Barna ststed that oa page 7, seco� paragraph Yrorn the bottom, the Yirst sentence should be changed to read: 19Mr. Barna stated that he had no objections to the 60 Part lot size because maqy lots in this area are on�yr 50 Yeet." Also� the third sentence in that psragrsph shou7.d be changed to read: "Mr. Barne stated that as far as tiae river corr3dor variance� except for the floai p7.ain part� as far qs preser.vin� anything,, the preserved area is sepsrated from tha lot by a road and a bicycle wslkwqy," UPON A V�ICE VOTE� qLL VOTING AYE� CHAIl�WOMAN SCHNABEL DECLARE'D THE MINUI�S APPRGVED AS CORRECTID. APPROVE SPECIAL bfEETING APPEALS IdINtPPES: OCTaBER 24' 1978; N�TION by Mr. Barna, seconded by Ms. Gabel to epprove the October 2b, 1978, Appea7,s Couanission Minutes. UPUN A VOICE VOTE� pIy VOTING AYE� CHAIR470MAN SCHNABEL DECLARID THE MOTION CARRIED UIdANIMOIJSLY. APPROVE Tf� SPECIAL _I�TING APPEpLS C0.'�ffSSION MINV!'ES• N4VEMPER 1� 1978; MQTION by Mr. Barna, seconded by Mr. Kemner tn approve the special meeting miautes pf the IVOVember l, 1978 Appeala Co�ission Meeting, UPON A VOICE VO4'E� pLi, VOTIIVG AYE' CFIAIRWOMAN SCHNpgEL DECLARED THE MOTION CARRIE� UPUtNIMOUSLY. l. REQUESP FOR VARIANCE PURSUANT TO x OF THE G�7 APPEALS COMt�IISSION Mh'"TING, NOVE[�g33ER lb, ly7g ' PAGE 2 (� � M(n'ION by Mr. Kemper� seconded by Ms, Gabel to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIR41pMAN SCHNpgEy DECL�RID THE PUBLIC i�ARING OPEN AT 7:45 P.M. Me. Schnabel asked Mr. Czihray to came forvard, ; Ms. Schnabel read the Administrative StafY Report ea follmre: ADMINISTRATIYE STAFF REPORT 7879-81 Firwood Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.063 (4,D) Requiring on a double frontage lot that the rear• yard setback shall be the same as the front yard minimum setback of 35 feet. Public purpose served by this requirement is to allow for adequate open rear yard area should any of the buildings in a double frontage block face the rear street. 6. STATED HARDSHIP: None stated. C. ADMINISTRATIVE STAFF REVIEW: . This request if granted would allow the petitioner to build his garage in line with the rest of the garages in this block. It gives the petitioner a place for storage, and would probably improve the looks of their yard. The only stipulation that we would make would be that they should share a dri�leway exit onto East River Road. Ms. Schnabel ststed that the Canmiseioners had a plat map of Mr, Czihrqy�s lot showing where Mr. Czihrqy would put the proposed garage and drive�y. A;s. Scl�bel asked Mr. Czihrq}r to explain vhat he intended to do. Mr. Czihray etated that all the garagea were lined up even and they taouid like to �tch their garage up with the other garages� and need a variance to go back far enough to do this. They would like to bui.ld a three-car garage in order to get their cars off the street and park them in a garage. Ms. Schnabel ssked if the other �aragea were 3-car garages. Mr. Czthray stated they were all 2-car garages. ,� � APPEALS COMtAISSZON MEE`PING NOV�MBER 14 1978 ppGE �� Ms. Schr.abel asked if Mr, Czihray intended to uae tue ca�on driveway with tke house udjacent to him. Nr. Czihray stated they F•ou2d keep the same drivewqy� and planned to cement it in up to E. River Road. Ms. Schnabel stai:ed that the drawin� shortred a turn-$round, and asked if Mr. Caihrqy would keep it like that and wpuld the neighbors ahare in the expense of the cement• work. Mr. Czihray atated they wvald keep the turn-around� and he had not talked to the neighbors, but planned to do tke cement xork himself. The cement would go right up io the road, and the Anoka County Courthouse people told him it would be all right as long as it wouldn�t be uigher than the road. Mr, Czihrqy stated �hat the nei�- bor's drivewqy wae tar up to h3e lot line� and �the reat Se would cement in. Ms. Gabel stated that wou7.3 not be a problem. Mr. Czfhray stated �e would get permission from L-he neighbors, since the entrywqq vss Yor both hcamee. Ms. Schnab�l stated they would want the driveway to remain co�on to both homes beeause wfth so a�any driveways coming off E. River Road� it causes a hszzard to traffie, and they Would like 1;o keep as few entrances as possibl� directly on to E. River Rnad, Ms. Sek.�.nabel. stated that if they grantcd the variance� they would make it a�tipulatior that the drivew�,y remain a ahared driveway. P+1r. Plemel aa�ed i.f there �aas a prab2em with lo� coverage, Nr. Czilaray stated that there was 60 feet from the back of the other garages to the houee. M�.Barn� sta{;ed that there was nat r� ststed hardship in the Administrative StsPf Regort, and. since Lhe rules and "by-laws state that there must be a hardship, tae Fould 13ke one stated. t�3s. Gabel stated that they ;isd the c�ame prublezu at the last meet;ng, a� caar ld 1i?�E the �rson who takes the variance epplications to be reminded that a I�ardship mus� b� st�ted. Ms. Schnabel stated that the hardship would be thet t�e petitioner woul3 like to b�u2d a garage in order to clean up th� br�cl�yax�l and the varisnce rrouJ.d be necessa� tv lina the gsrage ug �aith the other g$rages. �tr. Czihr�y stated tha� people are aresently psrking in the baekyard and *�rrati:7.d like ta hcve the garage ta park 1n rather than the bacl�yyr,rd. ;+�r. Piamel ctated he could understas�d the ne�d fnr q garage in the xinter alsa. MOTION by Mr. Plemel, seconded. by ASr. Ae�per i;o close the public hearing. I3PON A VOICE VOTF,'� pI,L V�PIIr'G pYE� CHpg,i,�fli�fAPT SCHI3ABF;I, DECT,ARED THE PLIDLIC i�RIhG CLOSID AT 8: 00 P. hf, AYPEALS COMMISSION 2•4�'PYNG, NOVEMBER 14, 1978 PAGE �+ � t� Mr. Kemper etated he had no objection. Mr. Plemel atated thet they had granted ather variancea ia that area� and could see the need for a garage� and had no objectioa. Mr. Barna end Ms, Cabel agreed. hKyi'ION BY Mr. Kemper� seconded by Mr. Plemel to recommend for apprwal to Council the requeat for variance pursuant to Chapter 205 of the Fridley City Code, to allorr the conetruction of a 25' x 35' �arage for a double bungalaw at 7879-8� Firvood Way N.E. by reducing the required rear yerd setback on a double frontage lot Yr� the required 35 feet to lk feet, with tbe stipulatioa that the drivex�y remain a shared drlveW�y vith the property to the south. UPON A VOICE VOTE� pyL VdPING AYE� CFiAIfiWOMAN SCHrJABEI, DECLARID THE MOTION CARRIID UNANIMOUSLY. Me. Schnabel informed Mr. Czihray that their request wou7.d be heard by the City Council on December 4� 1978, and suggested that they be present. 2. REQUEST FOR VARIANCE PURSUAI�'1' TO CHAPT^H 205 OF THE FRIDLEY CS'PY COPE, TO ALLOW M�JSION by Ms. Gabel� seconded by Mr. Barna to open the public hearing. UPON A VOICE VOTE� AIS, VOTING AYE� CHAZRWOMAN 5CANABEL DECLARED THE PLIDLIC FIEARING 9PEN AT 8:05 P.M. Ms. Schnabel asked Mr. Traczik to step forwaxd. Ms. Sehnabel read the Adminietrative Stsf£ Report as Pollorrs: ADMINI$TRATIYE STAFF RE?ORT . . .... .... . .. 5430 5th Street M1.E, R. PUBLIC PURPOSE SERVE� BY RE UIREMEFtT: Section 205.073, 4, B..(3} Requiring a, minimum of 35 foot side yard setback from a side street of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic �pen areas around multiple dwelling structures. B. STATED HARDSHIP; Need a side yard variance of� 7'feet (35' to 28') in order to build a 4-plex apartment building on the lot. G. ADMINIS:fRATIVE STAFf REVIEW: The 6uildable frontage of th�s lot wouid not permit the constructio7 of d 4-plex of this townhouse design without a variance. Tha width of each ❑nit is 18 feet and could not be practica�ly reduced. • �� oH�.ass�o� �z�, No�� 4 Pi , � PAGE 5 Ma. Schnabel asked Mr. Traczik to explain what he iatended to do. Mr. Traczik atated he hed thought 20 Peet would be suPficient� but h+ith a rental unit, he needed 35 feet. He would like to build a 4-plex aith the units above avd belmw each other, wi.th the bedro�e doun and the bathrooms, living roo�s and kitchens uP. This type of unit cuta dawn on noise, end the City likee them better. The unita are 18 feet vide and 30 feet deep. The lower level is like a split-entry� r*ith half in the groumd. Ms. Gabel asked hosr high the etructure vouid be. t�x'. Traczik stated it would be 16 feet� no higher than a regular eplit-eatry home. Mr. Kemper asked where the acceas to the garages aould be. Mr. Traczik atated access would be from the alley. Mr. Plemel asked if the alley Was hsrd surface. Mr. Moravetz stated that the slley vas hard surfaced end was maintained by the City. Mr. Kemper asked Mr, Traczik if he wss building this unit for apeculation. Mr. Traczik atated that he planned tb live in the unit in s couple years� aPter h1s kids finished school. Ms. Gebel asked what the rent would be. Mr. Traczik atated he planned on $375 Per month� but it could be more. Ms. Schnabel asked other interested parties to°ccmae Yorward and explained td them..What hh'. Traczik intended to do. Mrs. LeDuec, Mrs. Jakubec, ee� Rev. Brzastrewsik fr� Sacred Heart Chnrch ceme for�rard affi atated that had received the notice agd were not aure what it meant. Ms. Sehnabel explained wi�y they had received the notice, and they had no objection to Mr. Traezik building there. Mr. Herlan King, 54gp 5th Str�et N.E. stated that he was very much in favor of the building. Mr. Ffarlan King stated that he and Mr. Dsniel Couture rnm Dan-I,an Dev. Corp. and the Corporation owns his house. Mr. King stated that his notice stated the variance wae needed Ppr a rear yard aetback and the lot wsa double frontage and it should be a side-yard setback. Ms. Sehnabel stated that the variance ahould be for a side yard setback and the C�mmiesioners' copiea oY the notice indicated side yard. Ms. Schnsbel Chanked them for bringing thie to their attention. Me. Schnabel asked Mr, Traczik if he owned Lot � in addition to Lote 1, 2 and 3, Mr. Traczik atated that Dan-I,sn Development Corporation oxns Lot 4� and tt�at it is e �+O foot lot. Ms. Schnnbel aeked if Lot 4 rras part of the legal description in conjunctian with the house thr�t is there. APPEALS COMt�SI35I0N MEEPING NOVEN�ER 14 1978 PAGE 6 4 O Mr. King atated that they have sn abstract on the �+0 foot lot� and it has nothing to do with the mortgege on the ham�e on that lot. Mr. Barna steted that there wsa a concensue on 40 fdot lots� that there shoutd be en attempt to purchaee additional property if it vras available, and thie vrould be creating the situation whare there vas a salable 40 foot lot previous� but after thie variance ia paesed, there wou16 no longer be additional property available to the north of thie 44 foot lot. Mr. Moravetz stated that thie was in a R-3 Zone. Me. Schnabcl asked t+h�. Mpravetz if the size oP the three 2ote hed been checked. Mr. Moravetz stated that the three lots were lsrge enough to eccamiadate the 4-plex. Ma. Schnabel stated that a lot area of not less then 35�000 square feet is required Yor a four Pamily dwelling, and the three lots total 14,988. Mr. Traczik atated that the lata were actual�y over 15,000 square feet� that StaPf came up �.rith 110 x 13� and Mr. Traczik�s figures ahoxed 115 x 130. Ms. Schnabel stated that 115 x 130 would be 14,950 square feet. Mr. Plemel stated that iP there were three 40 foot lots, it mvst be 120 x 130. Mr. Moravetz gtated that the northerly moat lot is over 3$ feet wide, so it would be over 15,000 sq�zare feet. Ms. Schnabel stated that the Certificate of u�rvey shawed 115 x 130� and the half- sections indicate one 40 foot� one 40 foot and one 38.75 foot, which would put it over 15,000 squsre feet. Ms. Schnabel stated that before this item gces to Covnefl, this should be verified, o Mr. Kemper asked vhat objections the Board I•tembers had to leaving a land-locked 40 faot lot betveen this 4-plex and the house next door. Ms. Schnabel atsted thst if the three lots were shoxt the proper square footage required, tvat perhaps the petitioner should attempt to purchsae part of that 40 foot lot, in order to bring it up to lot eize and that would perhaps meet the ordinance �rlthout a variance. D4s, Schnabel stated that the other thought wa� that vhen the oFroer of Lots 1� 2 and 3 builds on this property� it precludes the m�ner of Lot 1+ from being a�le to purchaee additional lands from Lot 3, in order to create a larger buildable site. This diacussion came about �ecauae it was highlighted in the Administrative Staff Review. Ah�. Kemper informed Mr. King and Mr. Couture thet historical�y, the City does uot consider a 40 Yoot lot a buildable aite� a� as it stands now� approvals are not being granted to permit building oa & 40 foot lot. Ms. Schnahel stated that n previoue request to build on a 40 foot 1ot' which xa� a corner lot, was denied. Ms. Schnabel stated that they had not as yet handled a request to build on an interior 40 foot lot, and tbere wae just such a requeet on the agende tonight. APPEALS COMMISSION MEETING, NOVEM�ER 14, 1978 PAGE 7 4 P Mr. Kemper stated that if the petitioner could puz�chase part o� Lot 4, he rrou]d not need s variance, and vould like to know iP tk�t had beea� diecusaed by the petitioner and the owner of Lot 4. Ms. Schnabel reiterAted that the City wou2d not be ia favor oP building Q dsrelling on a vacant 4� foot lot. Mr. King stated that they did not plan on building on that lot because it vould not look right to have a ama12 house next to the 4-plex. Mr. Couture asked that 1P the garage cn :,ots 1� 2, and 3 were aoved over 10 feet, it Would allosa for a 50 foot lot rather than a 40 foot lot, and wauld the City give a variance Por a 50 foot lot. Ms. Schnabel infor�d Mr, Couture that he zrould hare to get a lot-split from Mr. Traczik, and vould then have to keep ths house far enough avqy Yrom the lpt 2ine to meet the ordinance or get a veriance at the same tiaae they requested the lot-aplit. Me• Schnabel asked Mr, Traczik if he had considered purchasing part of Lot 4, Mr. Traczik stated that he was not sure. b'Is. Schnabel stated that Mr. Traczik might think it over because it would givs him more room around his building, and wou].d also elim3nate a k0 foot non.;bui.ldable lot. Ms. Schnabel stated that this would go to Council and sugge$ged that they a11 be there. Ms. Gabel asked that before the C�uncil Meeting, ii ehould be determined what uas correct ia terme of the survey, Ms. Gabel asked Mr, Couture what he planned pn doing with the 40 Yoot lot. Mr. Couture stated that at the time he x�s purcheisfng the 40 Poot Iot� he knew� the � persoa vho rnmed the other three lots, end they were logt to back taxes� ancl he did not knora about that until after he had purchased the 40 foot lot. Mr. Kemper stated tl�at they could act on this variance, and i£ the owners of the lots reaahed aa agreement, they wouldn't l�ave to use the variance. MO'PI�A' by Ms. Gatel, seconded by Mr. Barne to cl�se the public heariz�g. UPON q VOICE VOTE ALL VOTING AYE� CHAIRWOMAN SCHNpBEI, pE�I,pRID THE PUBLIC HE/yRING CLOSEn a2 8:55 P.M. Me. Gabel atated thst she had no proble.m vith the Nariance requaet r�e such, but vould like thc aquare iootage determined before the Cauncil Meeting� aud the lot rnruere wpu13 ha�e to reach an agreement on their own, iY they vished, Mr. Barna stated thet the section mep indicates 38.75 Poot rrldth� and that gives them enough lot, hut the descreptancy should be noted. Me. Sehnabel eteted ths�t 3f the petitioner purchased the additioxial 40 feet, he vould then have enough lot sizs ta ensbl� hirm to bu31d an $_plex� �rith a difPerent desigL. Mr. Kemper etate3 tl�at Sf tLa qurvey wn& correct� tb.ey were oul,y ofP 3�10 oP 1$ oP the renuisemeut. APPEAIS COPMffSSION MEE,TING, NOVEhIDER 14, 1978 PAGE 8 4� Ms. Schnabel stnted that in terms etrictly oP the variance request� ahe had no - etrong inclination to deny it becauee of the fact that the adjacent 2and i�.diately north ie vacant and will always remain vacant because it abuts the Preevay. The cloaest aifected lot then Wou1d be either the property i�ediately to the south or the property to the �rest acroae the alley. It had been estsblished that there was mare than k0 feet between the property to the aouth and tt� propoaed dvelling and the property to the weat ie current�y s large vacant piece of land, Mr. Kemper stated thet he had no objectiaa to the varience. MOR'ION by Mr. Plemel, seconded by Mr. Kemper to reca�ne� for approval to Council the request £or variance pursuant to Chapter 205 of the Fridley City Code� to allow the construction oP a k-plex at 5k50 5th Street N.E. by reducing the side yazd set- back £ra� a side street o£ a corner lot from the required 35 feet to 28 Yeet� noting that theae rias s deacrepanry between the survey a� the plat map, UPON A VOICE VOTE� ALL V�PING pYE� CHpII�ktpMpN S�HNpg�y DECLARED THE MOTION CARR� IJNANA�SLY. Ma. Schnsbel informed the getitioner that this request vovld go to Council on Dee�ber b, 1978� and suggested that the adjacent property ovners be there also. 3- ��S'P �OR VARIAi�*CE pURSUANT TO QHAP7.�R Pp5 oP the FRIDLEY CITY CODPs, TO ----�s -��u==� �+ts euu. +.eveiopmevc� tnc. � ( (+40 lseech Street N.E. � FTidley� Mn. 55432). MdPIOP by 2�. Plemel, secoaded by Ms. Gabel to table Item 3 of the Age�a until the petitioner cen work out the problems vith the drainage and utility easements e�cisting in vacated Gumwood Street. UPON A VOICE VO'1'E� q7,L VOTING AYE� CHAIRWOMqN SCHNqgEL DECLARID THE MOTION CARRIID � UNANIMOUSLY. 4. REQtiEST FOR VpRIAI�ICES Pi1RSUANT TO CAAP'PER 205 pF TF� FizZplWy CITY C017�;, TO ,qyL(7W THE CONSTRUCTS y U?�' .A D'riELLIidG :`I A' Fl,�r"�' I{✓'I' AT 5c 2?';il ST.�'S N.E. BY ,��•, .��5 r'oes xosd, St. Ani,hoII;y, l�h. MOTION by Mr, Kemper, seconded by Mr, BBrn� to open the public hearing. UPON A VOICE YOT�, pI,L ypTING pyg� Cgqg�,*p�pN SCHIVpBEL DECLpRED THE PUBLiC AEARII� O�EN AT 9:05 P.M. �'��: �A�7 :_� �,� Ms. Schnabel asked the petitioner to c�e po��, Mr. Bruce Nedegaard� 111-45th Avenue N.E. �ame yprKBrg, Me. Schnabel read the Administrative StaPf Report es follo�ws: ` . AOMINISTRATIVE STAfF REPORT 4626 2nd Street N.E. A. PUBLIC PURPOSE SERYED BY REQUIREMENT: Section 205.053 (4A) Requiring a minimum of a 35 foot front yard setback. Section 205.053 (16) Requiring lots to have a minimum of 7500 square feet if platted prior to Gecember 29, 1955. Section 205.053 (4B)(2) Where a house is built without an attached�garage on lots up to 60 feet wide, a minimun side lot requirement shall be necessary to 10 feet on one side and 13 feet on the other side so that there would be access to the rear yard for a possible detached garage � at some future date. Section 205.054 (2A)(1) A one story single family dwelling unit of three bedrooms or less shall have a minimum of 1020 square - feet of living area. Public purpose served by the above requirements are all related to serving the purpose of providing open space normal to suburban living. B. STATED HARDSHIP: : We haye need for the uariances shown and have a hardship because the lot size is too small to build a house large enough to meet standard codes. The house that is now on the lot must be destroyed because it is unfit for living and is an eye sore to the existing nein,hbors. The new house will create a better neighborhood and increase the tax basis for the City. C. ADMINISTRATIVE STAFF REVIEW: There is presently a house on this lot. It is about 20 feet from the front property line and approximately 14 feet from the north lot line. The house is 16' x 45'. It is in very bad condition and should be removad from the site. The lot is 40' by 129'. The petitioner has requested several variances and would like to build a new home 40' by 24' and a detached garage 16' by 24'. 38e locatedtl0 feethoff the�south line and isd25rfeettfr�mathe f�ont2property line. The lot to the south is a 80 foot lot and has a house and garage. The driveway for this house adjoins the petitioner's lot and the house is setback 35 feet. 4R APPEAL4 CONAtISSION MEETING, NOVEMBER 14, 1978 pp� lp �� S i, If all the requested variances were approved, the new house would be 30 foot back_{midway between the existing homes on�either side). It would be four feei cl�ser to the north line and the same distance (10') from the south line. If the variances are approved, the petitioner should be requested to remove � both strucutres within a reasonable length of time (60 days). The staff can see some merit in approving this request and it is quite d9fferent from.previous variance requests on 40 foot lots in that it is an interior lot (others were corner lots). We would also rid ourselves of the existing structures that presently exist on the lot. Ms. Schne�bel noted that the C�nissionere had a picture of the house present�y on the lot, also an aerial photograph and a drawing of the proposed drrelling. Ms. Schnabel aeked Mr. Nedegasrd iP he currentl,y ormed the lot, and the house on it. Mr. Nedegeard stated that h� had an optiasi on the property� with the consideratioa that he be able to get a Building Perm3t, Mr. Nedegaard stated thst he lives two housea a�y Pra�m the 40 foot lot� and he vas building this as a spec house. Ms. Schnabel asked if the house was presently occupied or vacant. Mr. Nedegaard atated that the lady who was living in the houae was current]y in a nursing home� and that she had ren�Led the house. The house caas in bad shape� vrith mice and rats. Mr, Nedegaard stated that the neighbors had approached h�m aad aaked that he build on the lot. There was a well in the back yard for kids to fall in a� since he took the option� he had cleaned it up� pnd cut the grass and had secured the well and the back shed, Yor the protection of the kide: Ma. Schnabel stated that the house next door rra$ 24 Peet xide and he �,+ouid like to build a houae 24 feet srl.de� according to the StaPY Report. Mr. Nede�sard stated that Mrs. Ruth Etirans, who oWnes the house next door� had a enxroey and her house was 25 feet sride, so the house next door would be one foqt �rider than what he inte�ed to put oa that lot. Mr. Nedegaard stated that he had discussed the proposed dxelling srith Ms. Et.ans, e�i she would be in Yavor oP it, except he wea planning to put the drivewqy on the other aide of the house rather than next to her drivevQy, and she would rsther have the proposed drivew�y next to hers creating a double driveway situation, and he had no qualma w3th this� because it was hard for her to get out of her d�*ivew�y. Ms. Schnabel stated that if he did that, he would then go to 6 feet on the aouth side. Ms• 3chnabel noted that the lot next door �s an 80 foot lot, but it �ras visual]y deceiving, Mr. Nedegaard etated that he hed measured it aad it vas 80 feet. APPEALS COl�IISSION MEE'PING� NOYEA�IDER 14, 1978 PAGE 11 4 T Me. Schnabel stated that the house to the north is on a 4U foot lot and was recently c�etructed� aithin about 15 Yeare. Mr. Nedegaerd atated that the only reason he had aeked Yor a Yront yard setback �ras to line things up, Ms. Schnabe2 asked that iY Mr. Nedegaard flippe+i his plan and put the drivevttir aext to Ms. Evans drivewey, and had two driver�ays side-by-eide, xould he then put his drivew�q right up to the lot line. Mr. Nedegaard stated that hb �as not fo� of that situation� but understood thtr problem Ms. E�eas had� since her drivev�y drops off into that pronerty. Her drive- r+qy is on the lot line. Ms. Schnabel asked if he inten�ed to'put the garage on et the time he built the house. 1�5r. Nedegaard stated that he planned to do that. Ma. Gabel asked what �ind oP house he was planning to put oa the Iot. Mr. Nedegaard atated it vould almost identical to the one next door, ar� he had not brought his house plans vith him. Ms. Schnabel asked if the neighbors had approached him regardirg the lot. Mr. Nedegasrd etated that vhen the for sale sign went up, the neighbors started calling him. 1✓,s. Schnabel asked that regarding existing houses on 40 foot lots� i£ e house becames 50� or more destrayed, it cannot be rebuilt oa a 40 foot lot. Mr. Moravetz stated that ke had talked to Mr. Herriek, the City Attorney regarding this and Mr, Herrick stated that if :he variances were granted, there should be a notation that there was a hens-- existing on the lnt, and that it was in very bad condition snd was aYfecting •tt:., r�eneral aesthetics of the neighborhood, and .i.a graating the varisnces, it wc�.:...:. improve the wersll neighborhood. Air. Hex�:;k x2so etated that if the Ccr,�issiar�ers had proo�.ems with granting this request, �:° .u1d vork with Stsff snd draYt a report. Thts particular request did not £all is; the eategory of someone randemiy p�archsaing 40 foot lots to build houses for sa±:. Ms. Schnabel asked what the eitustion sras 3a F�yde Park regarding 40 Yoot lous. Ms. Gabel etated that 3t seemed to her that if a house burned dosrn or somethin� therei they vex+e going to a21o� them to rebuild, bui Ms. Gabel zras not sure if sqything wae apecifical�y written into +.he ordinanca. 2•ls, Gabel lookcd up the ordinance a� read it xs follocrs: "E,xisting one fami�,y dwellings tbat do ne�:. conform to the cor.ditions of this ordinance will be allowed to continue as a permi;.sr:i use. In the event that the main atructure is either damaged or desiroyed, the e:. ._ing use will be ello*.ued to rebuild tu the setoacks of the existing buildinr3 or t� �,;:e allowed setbacks oP the z�e. Alteratipns or additions �rill be allosaed when they improve the liveability provided they mee� the required setbacks so stated in tbis chapter.'" APPEATS COI�AfISSION MEEfING, NOVEMBIIt 14, 1978 PACE 12 � � Me. Schnabel stated that at the time the Ca�nieaionere were asked by the City to review xhether or not the City wovld eliw building on 40 foot lots, the Commuaity � Development Co�iseion wea pretty adamsnt about permitting building on 40 Poot lots if there vere no variances, other than lot square footage. , Mr. Barna stated that what they said vas that if you could build am a lat a salable houae that vould not have froat, rear or side yard eetback variance� they woill.d 'nave no problem vith it. Mn. Ruth Et�ans, 4528 - 2nd Street N.E, came fersrard and stated that `rhen she p�chased her ho�e, it vae a epec house. ' Mr. Moravetz stated that Ms. Evana house was builts in November of 1964� and there �rere no variances as the code allowed it at that time. Ms. Schnabel aeked Ms. Evens how she feels about what hfr. Nedegsard proposed to do. Ms. Evana stated that she approved of everything except putting the house 6 Peet fram the lot line because her driveway is on a decline and could cause a problem whea it was slippery in the irinter. If Mr. Nedegasrd reversed his plans so thet the 10 feet would be on her south and his north and the two driveways would be together, tiat would vork better for her. She had no objections to building on the lot. Mr. Nedegaas�d stated he vould have no objections to doing that. Mr. Barna asked Ms. Evana if ahe would prefer to have the house built or vould she prefer e vacant lot. Ms. Evans stated that she would prefer the house. Mr. Plemel asked Ms. EWans if ehe Yelt it vc�uld be too much crowding. Ms. Evane etated she had lived with the 40 foot lot aituation for 17 years �rith no problema. Mr. Moravetz stated that the City had received no mbjectiona from ax�yone regaxding thia request. Mr. Kemper asked who the present oWner of the house Was. Ms. EWana etated that the house had alwqys been rented. Ma. Schaebel noted thet there wsa a letter in the file eigned by the owner, Gls3ys A. Switzer acknovledging that Nedegaard Construction vsa app�ying for the varia^.ces and that the present house xould be removed for the construction of a nev dwelling,. Ms. Gabel aeked What vould happen if the variance requeste vere denied. Mr. Morevetz stated that it vould probably be condemned, and at some timc in the future be remr�ved and would then become a vacsnt 40 foot lot. APPEALS COb4�IISS20N_Nff�TING� NOVEN�ER 14� 197a - PAGE 13 U V Mr. Barna saked if there xas sewer and xeter aa that lot. Mr. Nedegaard etated that the City inapectors had verified this. Mr. Moravetz concurr�. MOTION by Mr. Plemel, aecpnded by Ms. Gabel to close the public.hearing. UPON A VOICE VOTE, pLL VOTZNG AYE, CAAIRWOMAN SCHNABEL DDGLARED THE PUBLIC HEARING CIAS'ED AT 9:40 P.M. Mr. Kemper noted that the existing house �ras 16 x 45. Mr. Kemper also noted that the alternativee uould be to either grant the variances or de�y the variances, in which case the house would eventually be condemned and it would apParentJ�y teke aome time to do this, and they would then end up with a-racant interior 40 foot lot. Mr. Baraa steted that another alternative would be that 1P the present owner could qualify Por s lov inc�e improvement loan, they couid improve the nresent ho�e and live there or reat it out. Mr. Earna stated that he felt the first alternative� to grant the variances, vas the most desirable. Ms. Gabel stated that she shared the concept oP getting rid of the eyesore and the saPety hazzards it poses, but comparing an interior to a corner lot, the 40 foot corner lot actually has more space because of bou7.evards than an interior �+0 foot lot. Ais. Gabel stated that she had a problem vith thia because it required 6 varisnces to build on this lot and it had been determined in the City that 40 foot lots are too snall. Ms. Schnabel stated that the other factor vould be that if there were a series of 40 foot lota with atructures it would be one aitustion, and here the situa.tion wouid be that there was a 80 foot lot on one side and a b0 foot lot on the other side. Me. Schnabel stated t�at standing in Yront of the house, it was hard to visualize that the lot next door Wes actually s 80 foot irt. Because of the nature of the neighborhood, vith the existing house on it, i: ::c5esn't look that crm+ded. Witu a nev house on it, it may change things, but a:. chey are actually doing is going k feet wider on the front of the houae. Ms. Gebel stated that granting these variances ,rouJd be inconaistent rrith present policy that they ahould not be building on 4p foat lot¢. Mr. Plemel asked if actimn taken here wouid af£ect the court case. Mr. Moravetz stated thst he had discuseed this With I�1r. Her.rick, a� Mr, Herrick had stated that he didn�t aee aqy prob�em with it sincr, ::t woul.d clean up the neighberhood and eliminate the safety l�azzards� and si:s there was a structi:re on it at preaent. Mr. Plemel ststed that his iaitisl reactioa was the same ae Ms. Gabels` but it sepma the situation �ras that e contractor s�es attempting to work vith the neighbors io 3m- prove a bad situation� s� graated there were 6 varisnces� but it seemed the best elternative. APPEALS COMMISRION MEF,TING_NbVENlBER 1�l, 1978 PAGE 1� Ms. Gebel stated ehe vould have no prob3em in grsating a variance to improve the ". preeent structure� but what they would be doing wr�uld be granting variances for ' new constructioa, and that had been discueaed at mar�yr meetings. Ms. Schnabel asked wbat the aize of the lote to.the north were. Mr. Nedegaard etated that there Were three ather 40 foot loLs iacing ?�d Street. Ms. Gebel aeknd Mr. Nedegeard iP h� had talked with the people oo the 80 foot let next door. Mr. Nedegaard atated that they were one oY the Pirst to call him about building on the 40 foot lot assd they vere very much in favor of it. Mr. Moravetz reiterated that this aould be the fourth house on a�1(Y Yoot lot in.this immediate area. Ms. Scbnabel asked iY Mr. Nedegaard had speciYic plaas Por a 960 squsre Poot hoi:se� and what it r,nould be like. Mr. Nedegaard stated the house would be almoat identical to the oae next door a� aould eell for about $60�000. Mr. Barna stated that he Yelt that Mr. Nedegaerd would be building a nice-loakirg salable house vhich would be an enhancement to the neig'aborh�od and an improvement over rrhat vae present�y there r�hich was not on�y vieuel�y an eyesore� but pk�yeicsl]y hazzardoue. Mr. Kemper stated he vould be in favor of granting the variances becsuse it vou13 be getting rid of s health and ssfety problem, and not because ft vas oa a 40 Poot Iot. His decieion wouid probab�y be di4ferent iY there xere not house on the lot present]y. Mr. Plemel asked Mr. Nedegaard that if the variances rrere approved xhen he planred on building and When he would remove the present structure. Mr. Nedegsard etated that building would depend on the veather, but wuld remove the atructure as soon ae poseible for the safety of his own kids s� the other kids on the block. . Ma. Gabel ststed that ahe vould vote na eo that it vouid go before City Council. Ms. Schnabel asked Mr, Nedegeand if he had tried any pther house plana on this lot ia order to avoid some of theae variances. Mr. Nedegaard stated that the front yard setback could be left out� but it wovld look funqy a�l the City inspector agreed with him. And to build a 17 foat vide huuse in order to avoid the side yard setbacks would not be toq p:ectical. Ms. Schnabel noted that this request vas different fr� other requesta to build on a 40 foot lot because there were other 40 foot lots in the n,ei�borhoad vith ezisting homea, 4 ;�1 APPEALS CO?�AffSSION MEETING, NOVENIDER 14, 14'r8 PAGS 15 � n Ma. Gebel atated that in other instancea, the neighbors did not on the uhole deaire - it� whereae in this case, the neighbore Want it. Ms. Schnabel stated that in thie instance there appeare to be no ottser land svailable to increase the size of the lot. MOTION by Mr. Plemel, seconded by Mr. Barna to rec�end Por approval to Council the requeat for variances pursuant to Chapter 205 of the Fridle-,� City Code� to ellow the conatruction of a dvelling on a 4p fopt lot at 452b 2a3 Street N.E. by reducing the required lot area from 7500 square feet to 5160 square feet, reducing the required front yard setback fram 35 feet to 30 Peet, reducing the sideyande, one fram the required 10 feet to 6 feet, the other from 13 feet to 10 Yeet� redccing the floor area fro� the required 1020 square feet to 9FtJ aqusre feet} and increasing the lat coverage from the maximum of 25 percent to 26 percent, vith the stipulation that the present atructure be removed with e reasonable length of time (60 ds�ys). Mr. Kemper stated he xould like a letter from Mr. Herrick� the City Attorney� defining the exceptione in this case and the differences from other requests to bvild on e �+0 foot lot. Ms. Gabel stated that she could see the need to remove the existing structure end realiaea the advantages to the neighborhood of building a nev structure, but vae etill concerned about allas�ing building on Q 1Fp fopg lot. Mr• Barna stated thet he would be more comfortable vith a smsller, less expensive house. UPON A VOICE VOTE, MR. BARNA, MR. F�� I�Il2. PLEMEL VOTZNG AYE, MS. GAEfiL VQTIS� NAY� CEAIRWOMAN SCHNABEL DECLARID THE MOTION CARR�D 4 TO 1. Me. Sehnabel infprmed A�fr, Nedegaard that one ef the reas��ne Ms, Gabel voted agaiast the v$riances, was to make sure the request would go to Council Por finel approvai� since a 40 foot lot was involved. Me. Schnabel stated that she �rould like to indicate to Council the folloving reesons Por approving this request; There is an existing health and sa_ety problem vith the existing atructure on this property and the Co�issioners feel it would be in ti:e best interest of the neighborhood thst the structure be removed as aoon as possiSle. Once it was removed� it appears to this Co�.ission that it would be e viable plan to put a new structure on that lot. The new atructure would be co�atible u*ith otter exiating homes and lota in the neighborhood and in this particu;sr case the nei�bor- hood seems to be favorabl,y inclined to have a new structure buflt on that lat. :he Co�issioners feel ttu�t the City Attorney should be requeste3 to R*rite a_letter defining the apecisl circumstances surrounding this var2ance request, a� hov th�ae circumstances differ from an un_improved interior ++0 fooi lot. It has also been determined that there was no adjacent available lend which could be purchased to increase the size of this lot. The lot was present�jr served by City sever end «ter. Ma. Gabel stated that being axare oP the legal problems the City was presently iaced vith concerning 4p foot lots, and not having them resolved� is aaather resson fcr sCme of her concern. bh�. Kemper stiated that his vote for spproval vas more a vote for reclamstion of a bad situstioa raUher than taeit approvel for building on u 1�p f��t lot. 4Y - par.� _ 5• FINAI. Rr.('OMMENDATIOf1S ON PROPOSED CHANGES TO CHAPTER 2il5. 7A.'+ING: Ms. 6chnebel suggested that beceuse the Planning Co�issioa Meeting � the 22� wul.d probab]y be a short one because of Ti�snksgivingD and because the oa�y itens diecuseed at that meeting wowld be to receive mi,nutes� she Would like to meet at another time tp discusa the zoning ch8nges. The Commiseioners egreed to meet on Tuesd�y, November 28 at 7:30. Che�iz�rroman Schnsbel declar�d the November lb� 1978 Appesls Co�oissioa Meeting eajournea at 10:35 P.M. • Respectfully S�bmitted: -��i-�i -��%'��, Kat2�y heYto�ep ing Secretary :: f� 7879 Firwood Way TdE �— �� ~a � ��t'�T��. �' ��7� � ' ' ' � ��.,��i'�. ENGINE�RS AND SCJR�lEYGR� - LKND a�wvr_Y��+o � 90�10 TE9TSNCi . CIVIL 4. _MVNIGI?M, ENOIN![pINO � - . �LAIVO PLANNih{Q �, � 6418-SGT� AVENU[ N, . . - . � � � � � MiNNEAPOL�S 27.MINN. ' � � � - � � r . . KE 7- 3637 . .. . . . � . � �. � ��W�r `!. � fT �.� N 111 t�� L �1I T� �� +� 7f� '9 �� F� i f%� ,y , . I W �; � y � ,�, �. , � �., .,,,.. � ��, , � tF T ,- , z-,:��'�;�,{,��t� �,�►� ; .�,�'�� vr � �, �. , � �v� � �- � , � \-� _ � � � ; _. .c� \ �� r� sca.�L N �=�:� l�.L° �G'�^�c.�'� {/�I,uF' W i� Tc F3e Iri.sl��i�c'c�%' S.� rn c ' ;-�••te a s 1��. � tc i.� �� LoT 4 B�t< � PEaRSON's Cr;.�a��w;^Y E�T��=s 2`�G A�� . WE HEREBY CFRTtFY TNq7 TH�S IS A TRUE PNO CORRECT FEPRESENTATION OF A SURYEY OF THE PAUNDAic1ES OF TH� LIWD nBOYE DESCR19E0 PN6 OP7HE IoGA�ION OF ALL BUI�p�NGS, IF ANY; THEREON , AUD WL VIS{8Lti EH(�CACµN�EN?S, �f lU1Y� PROM OR ON SR�O LAN0. � � ��""'--"'-^'�'�'<� �.SLF'T_CM4r,p MINDER ENGINEE2lNG CO., 1�iC. � .A.O_Nj`� .. GNUINSEA�D A!i . . � � D SVRVCYp'RS .. . . . ... �.' . -. -. -. � . . „"'� .___.____....""'_ 1 _.. _ C� E�'�' t�' � C e�°1t' a o�� u F� �r � v �� c ' ��C��`3 �' ��D�g� 54�0 Sth Street NF L.AE,9[� 31Jff�09C?VOE4 . . 4002JEFFFRSON ST. N.F. ' � COLUM9�/1 NEIGHTS 55A21 � . 7E?-3769 . . 1 HQi:HDY �J,:17T17tl THAT TMIO OURV6Y. PLAN. Oq F.Qf+pRT lYAO PR5PA1'1¢D OY MH OR Ul1CLR MY DIALCT IIVPCtT/IOION � 4W0 S'NAT 1 AM A OUL`/ FSOfOTCRSD LAND CUP1V¢YOq Uq0¢R THC LA�vO O� TH6 OTATC OV t11NNE50TA � ' (! Q DnTE �-17-�8 �v^ , �...,. L, � c��,°,f� • - � � `' i � SCALE i'"— 3Q AICdF1�50'�!1 E2EGISi{3A'i'lQ;i f�f0. �332 . o=1RON �AQ"lUMENT � ��O:13��.. . 9ti�3 �JuRV�j°4� �"�a�C t'�On1 �J1:4��chi . '_'-i'�L�VA-tON �"'Q'� TO� �{'!J2��' ca.(r1t��TV. �C�ls"�N�OOY�f �`l �N.b Aiaf�L� C 1'� �� QR\ O r- - C '�ta?:..�..k'z - ��2�c�t�s t2u � tRt c� , Z D ��: �l�E.�'. = IIiO.tcC� ,�A A ,.-. ,. . . . . � ._._ � - . . p D. . � • T-�oc(� SERV ICC � r_ ROAD --- . � . � :60`i�� !E2.21 � . � :63.3� . � � � .. � ---' t�3 w : �.o_ - 1�0.'�.. - = y�' � -- ��9; i�04:' `�3'-. �y •iL`1,3: �' - i� `' ,��:�; � �! f c \� Q � ' � � : - 'P° � � �i ' � f � h � � _ � � � �� 7 3 �3 � � . . I � � . _ � p � . . ! . � � � � V i -�T -' -- W- ,� ' 5�;_5+-�- ,;�,Z: � ^ ;��,z;� __ o i,n �ES� I� ' � :��" � V ! I ? w �s L{� .. _, I �_ - � � ( � , � E-- I , � � �� .-, V r, __ Q f Q j; -'. -, m � 3L ' � Q�Q• y '_"_:.�_25 �� .-it,�aZ1 � .(iA9} � • :(Ci_P.. - � •' °t.b. . - l�o.�.i- ;, �s;; r Z �r � _ ( 30 . w I Lots 1, 2, and 3, Otock i�, Namilton's Addition to idechanicsville, r1na�a Coiinty, t'n. 4 �E � = i�EDEG�►ARD COi�S�'RiJC�'I�N � 3903 FOSS ROAD � ST. ANTHONY, MINNESOTA 55421 � Thomas Properties Real Estate Thomas Ohlenkamp ' 115 Silver Lake Road New �ighton, Minnesota, ,55112 Dear Mr. Ohlenkamps CONIPAiVY PHONE 560d�t�70 October 24, 197$ IlVC. The City of Fridley would like to have Gladys Sxitzer, the seller, of property at 452b 2nd. Street Northeast sign a piece of paper xhich acImowledges the fact she is aware that Nedegaard Consiruction Company, 7nc, must apply for certain variances on this property in order to build a nex house on this land. Please have her sign this letter and xe will use that as iier acImowledgment. If an questions please call. lde xill need this by Thursday, October 26, 1978. Thank you, Nedegaard Construction Company, Inc. _ �.,��.�� Gill V. Gruber Office Aianager I hereby acknocrledge that Nedegaa.zrl Construction Comp�ny, Inc. will be applying for variances and that the house at 4526 2nd, Street Northeast Hill be removed for construction of a nex house. •��--� � Gladys A. itzer _ � �JE��A�� O�I�T��C�°��i� �C3�1�'�(�Y 8l��. '- 3903 FOSS ROAD - ST. ANTHONY, MINNESOTA 55421 • PtiONE 56.-0070 October 25, 1978 City of F`ridley 6431 University Avenue �idley, Minnesota ' Gentlemens The draxing belox shows our proposed nex house to be const�-vcted on Lot N3ne (9), Block Thirteen (13), Plymouth. As shown on the d..-axi.g the lot is �40' wide and 129' deep and we propose to tuild a nex house 24' vide and 40' deep xith an unattactxed garage of 16' wide and 24' deep. W ' �- 3� ro' � � �{D' �AARD CONSTRUCTIC.`i COI�AtiY, TNC. .I �i.�� ' T""NV'�'�— G111 V, Gruber � Treasurer 4 i~F CH�IPLES R. WCAVCR HERMAN L.TAI.LE VlRpll G. HERFICM1 ROpERT MUNNS WILLIRM R. GOODFICH DOUGLAV E. ttL�NT TIMOTHY E. C�ABMIN LI�W OFFICES WEAVER, TALLE & HERRICK November 24, 1978 Mr. Clyde Moravetz City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Dear Mr. Moravetz: </Sz ; -.� -� 4 GG 316 EA9T MAIN STFEiT ANOKA,MINNESOTA 6:303 Y21-9913 b2'19 UNIVERSITY AV ENUt� N,E, FRIOLET, MIr�NESOYA 53432 5T-3B50 This letter is to confix-m our recent telephone conversation regarding the request for a variance to build a residence on a t0-foot 1ot at 4526 Second Street Northeast. I also acknowledge receigt of that portion of the Appeals Commission meeting �ainutes of :�ovember 14, I97S that relate to that subject. As you and the members of the Appeals Commission know, the granting of a variance is discretionary with the City. It should be done only where there are unique circumstances that impose a hardship �SPOR the owners of the property. This hardship must be one that was not self-imposed or assumed when the buyer acquired the property. In this particular circwnstance, it appears that there is a dil?pidatzd house on a 40-foot lot. This, of course, is a non-conioxming use uncer our existing ordinance. Generally speaking, non-conferming uses axe aot to be encouraged. The intent in allowing a non-confo�ing use is to permit the owner to use the property for its useful life and [hen to have it removed. In this particular case, it wocld appear that the Citv's opY.ions would be two: 1. To declare the building unfit for habitation and hazardous and have it recioved. 2. To grant the request for variance and allow the construction of a new building. The merits of the two alternatives shauld be considered by the Appeals.Commission and the Council before making the iina2 decisioa. Mr. Clyde Moravetz - 2- November 24, I978 I believe that the granting of,the request might well create some problem for the City as far as er.isting and future requests for construction on 40-foot parcels. If it is granted, the City would h2ve [o take a position that the circumstances in this case were different: 1) because there was already a house on the lot, which created a substantially greater hardship on the owner than in those situations �here the lot was vacant; 2) that the granting of the variance was compatible with the neighborhood and would not have an adverse effect on the property values of the adjacent properties or the health, safety and caelfare of the surrovnding residential area. In order to argue successfully the latter point, it woul3 be necessary to have facts and figures that would differentiate the neighborhood in this situation from neighborhoods where other requests have be�n m.ade. I hope that the above answers your inquiry. If you have any additional questions, piease contact me. VCH:kao Sincer�ly, ,'ca'1"�� vf/ 5�/ [�irgi� C. fIerrick �! H!-i CiL"iTtT�It COM:4ISSI�N 1fIiL'TL"1G OCTOEEP, 17, 1973 CAL7. TO OPD�R Chairperson Ash called the meeting to order at 7:32 P.M. P.OLL CALL 2'.EMEERS PRESET'.T: Clifford Ash, Elaine F.noff, Jackie Johnson, P.enneth Brennan, John Swassson, Ch2rles I2nger, � �avid �erg, 3ean Schell, Asne Taklcunea, _eter Treuenfels and Jerry Raicliif l�EBS ABSENT: Tim Breider, Walt Starwalt, ?.gnes k'olf aad Bob Pierce OTHEP.S PRES�'.�.'�'T: .ione Mr. Ash etated the Commission needed to anPrwe the minutes of previous meetings dated April i8, May 17 and September 19, 1978. Mr. Ratcliff suggested taking all three as a package ior apnraval. Ttr. Aatcliff c:oved that we a�prove the rainutes of th2 Anril i8, liay 17 and September 19, 1978 neetines as v.-ritten. iir. Treueniels secon3ed the motion. L'pon a voi�e vote, all voti.ng aye, L'ae mDtian carried unanimousZy. i. REPORT OP rIOT'LL�ATIO?. COTL"fITTEE Mr. Ash for a report of the nomination conmitiee. :r. Brennan stated ?Sr. Starwalt was unable to attend the t=_eting and asked hi.m to reaort on this co�ittee. rlr. Brennan r�orted the Committee reco�ended Hr. Ash far Chairperson, Tfr. Ia:.�er for Vice Chairperson and Pis. Schell for Secretary. Mr. !tsh stated we did not have to vaLe tonight and asked for any other noriinations from the floor. There were none. A l�tter on Yhese nominaYions wotild na�* be sent aut. Ms. Ash stated }ie would Iike to change items 2 and 3 on t�e agenda. 3. CONSIDERATION OF A rF.Ia ^fEDiIiER Mr. Ash stated we had submitted a letter Yo Lhe Judge £or anotfier openin� on the Com�aission. �•�e liad submitted the names o£ `fark �t and Agnes S��olf. Pir. Psii recei.ved a letter from *SS. Wolf ctating she could not serve on the Cnnnnission because af her emple�-ment. Therefore, we still have one opcnin�. i:e stated we could 'nnld ihe 5 PAGE 2 CIIARTrR COM1�tISSIO.I MP:ETInG OCTOBER ]J ].978 opening or submit some more namea now. lfr. Langer asked who will not be able to s�rve in January. Mr. Ash reported the following people would not be able to serve: Jerry Ratcliff, Sackie :7ohnson and Elaine Knoff. Mr. Ash stated Mr. Pierce had indicated he would not be abie to attend meetings because of a school board commitment if we keen the third Tuesday of each month. He stated then we mould have four openings plus one vacancy. He stated he felt we should submit some names now for the opening. He knew of three peonle who would be interested in serving - Jan DeVries, Bob Peterson and Carroll Hauge. ifr. Treuenfels asked if we should contact the City Council 2bout the openings and ask for names from them. Mr. Ash stated he would like names from the Commission only right now. Mr. Langer moved that cae submit the names of Jan DeVries, Sob Peterson and Carroll Hauge to the Judge now for consideration of a n�w member. lir. Swanson seconded the motion. Upon a voice vote, 211 voting aye,, the motion carried unanimously. 2. DETERPfI�dE SCI�CDL'LE FOR CHARTER PUBLIC FIEARItdGS Mr. Ash stated o�hat has been done in the past is have one ecening for the City Council, one evenina for the City Pdministratic.: aad then one or two evenings for the public at large. At our r�vember meeting we have elections and charter changes. lde rmuld have November, January, February and March to have the hearings. It was suggested the City Council could be scheduled for February, the City Administration in November and the public during t:.e other � months. Mr. Ash stated the people who usually attend are League of T�omen Voters and the DFL Club. He stated we should invite all the various groups to the hearings. Tt was suggested the open puUlic hearing be in Sanuary and March. Afr. Ash stated he would make a summary of the minutes of past meetings to include with the letter of invitation. Mr. Patcliff stated we should publish in the legal notices section of the paper the dates and times for the hearings. Tir. Asli asked what organizations caould we Fould want to get the invitation. SA rncF 3 cnnF:TrR corr�zssroza rir.rTit:c ocTOarR 1�, i�7a The following organizations were named: League of Women Voters, DP'L Club, GOP, various City Commissions, JC's, Cl�amber. of Commerce, Rotary, Lions, VFW, Legicn, Jr. Chamber, l:iwanis Club, :?inisterial Association Ms. Schell stated we should al.so look in the Fridley directory for other clubs and organizations listed %n the ±ront. 4. CONSIDERATION OF A iiT'Id *fEETI.`:G DATE This item was discussed along with the Bo5 Pierce item that he would not be able to at[end on the third Tuesdav. It was stated at that time that this date will remain as is Eo=.tte time being. 5. OTHER BUSI";ESS Mc. psh asked for any other business. Tir. Berg soved that the *�eeting be adjourned. 'xi. Swanson seconded the r.ioLion. �3non a vuice vote, all voting aye, the meeting adjourned at 8:02 P.N. ' Respectfully submitted, ��C' �G/ � Gayle oben Recordiag Secretary �. cnTV co.�rirss�.ov ��rr.Tr..c Hovember 15, 1978 CALL Ti�ER Chairverson Rasyszak called the meeting to order at 7:40 Y:'. I��EP.S PftESENT: Edward Kasnszak, Larry Chevalier, Harold �elgum Carolynn IIla�iding 7,Eh1BEP.S ABSFNf: Eurt 4leaver OTHERS PRESENT: I`ayor Nee, Clyde '•foravetz, Blake Balzart Greg Gerard, �TV Dennis Schneider, Councilman Douglas Hedin, !�ttorney Enber Reichgott, LeRal Counsel for Storer Jim Daniels, Northern Cablevision Anne Davis Barbara Hughes Mr, Kaspszak asked if there were any changes or additions to the minutes of the last meeting, November 2, 1973. *ir. Belp,uri asked if a statement by Mr. Ji� Eri.ckson was co-reci. The state�:ent �:as oa page 5, paragraoh 6 cf the minutes. -:e statement was as folloc�s: "lie stated he did not know anvt;ing about Fridley but it was his understanding there is a general sa=isfaction in Fridley with GTV." Ms. Reichgott stated the statement was correct. ;40TI0;7 by *ir. Chevalier, seconded by ?4s. Blanding that the 3inates of the Novembez 2, 1978 neeting be approved. tipon a voic� rote, all voting aye, the motion carried unanimously. 1. OLD BUSINESS: A. Status Report from Northern Cablevision �.egarding tne t;erger ?ir. P.aspszak asked for a report from Northern CaUlevision. '_Ls. Reich�ott stated they are still in a ne�otiatinQ stage. She stat'ed they were tfiere just to eUserve. She stated [he on.y t�ing tliey needed was a date �ahere tlie Corunission would anticip2=a tI'`v consideration of it on the agenda. AIr, P.aspszak asked 2Ir. Hedin for a time fram=_. Ttr. Iledin stated the city could not re:�lly do auythins til they actually have the proposal of the metger. ls. Gerard stated *_he legal counsel £rom GTV'had called G:�g to ask liim to ask lhe Commission for a date for a presentatien Uy Storer Isroadcasting. ;'7 _J 6� ... _ . _ Pape 2 CATV COM'1ISSION MP.PTIiIC November _].S, I978 14r. Kasnszak asked :ir. �erard if that would take olace as o�Posed . to u Petition to the Council. ttr. Gerard stated he told Mr. Carnenter that Storer would have to come before the Coumission and they will recoimnend to the City CounciL Mr. Rasnszak stated it was his understanding the company netitions the Council, the Council will. then refer the matter to the Com�ission and the Commission will go through its deliberations and �ake its reconm�endation to the Council and upon their approval the transfer is made. Mr. Aedin stated in the ordinanc� it states any re�uest for nermission to sell should be made to the Coimnission. He stated their request may go to the city and the Commission jointly. Once they do that then the Commission should have their hearin;. If they want a dste then the Commission should set a date and they will make their pzesentation. *fr. Kaspszak asked �tr. Gerard if this would be a joint presentation by the two companies or by General or by Storer. Mr. Gerard stated they were very close to si�ning an agree=ent and they aslced him to get a date for a presentation by Storer. Mr. Hedin suggested setting a date perhans in 30 daps. Thev would make a presentation to the Commission and would probabiy fersaily request permission to transfer the franchise. N.r. Kaspszak staeed Decemoer is a tough month to have anyt�ing. ls. Reichgott stated after the first of the year would be sufficient. 2ir. Kaspszak asked *ir. Hedin if he thought the presentation should be part of the hearing. Mr. Aedin stated yes. They �aould make their presentation znd the Commission would h2ve the list of points that they would caat to ask them and the Council me�ebers �.ould nrobably want to particioate. Then the Commissio.^. could have follo�..�—up meetings after that. You could rap up the whole thing in one meeting. 4fr. l:aspszak asked ?fayor Nee when the Council could meet in January on this. Piayor Nee stated not a Ptonday night. He stated because of `ir. lierrick's opinien he fel[ we could handle the transfer nart of it separately from tlie proposed arsendments. I:e stated the transfer coul� be made and then go through the amendment process afterwards. "s. ReichFott ctated she woul.d like to formall.� request a hearinr on this matCer for after the first of January and would nlso like to request the Corenission to decide on an esact date because oi the notice provision they have to give. � _ Pa�;e 3 CATV CO'-L"4ISSION MliiiT,T.tIG Nove*�ber. 15, ].9i8 N�s. 1'.eichgott suFgested January 9th. 1'.0'fIOh by *tr.Chevalier to consider. the reque�t from ehe law firm tliat represents Northern CaUlevision for a iormal hearin� on January 9, 197£�. t•fs. Blanding seconded ti�e motion. lipon a voice vote, all voting aye, the motion carried unanimously. 1*.s. Reichgott stated they would send h}�e Coin�nission a written request. , B. ConCinued Discussion on Possible Ordinance Amendments Mr. l:aspszak stated there will be a general discussi.on on the amendments. Out of that we will get a concensus on sone of the issues. Once ttie Commission has approved it and the hearzng has been held there will be more inpuL- and then we will forma2ly approve tne transfer. At a separate meetino we crill ou� all the amend�ents together and have the attorney dra�a them u� and present L'hem to the Council for formal apnroval. Tfayor Nee aslced Mr.. .^,erard if they were going to retain the na�e General Television. Mr. Gerard stated they asked to be able to retain the name. Pis. Hughes stated she has been im�olved on a couple of occasions with the count}��ahere we have not resolved all questions �rior to making a co�enit�ent to somethino and then 15 ��ears later tnose problems have not been solved. She stated she c.ould hate to see the CG1llIIl1SS10II transfer the thiag and then find out you cannot u+iilaterally do this without the a�reemeut of the compan�. She stated she urged the Cosmission to get some sort o: a com=itment from the co�pany. air. Belgua stated he would like to see a foraial hearing held after an informal meeting with the company. ?is. Reichgott stated the company c�ould be gl.ad to give an info�-mal presentation to the Cauirsission. This could Cake placa during the notice period. Pir. l:aspszak su�gested an iufermal ;¢eeting in Dececbcr and the formal hearing in 3anuary, Tir. Fledin sCated he felt the Commicsion could SeT.ter use its time to start preparing itself for thc tanes of quastions its ;oing to npply at the franchise traxisfer neriod. The Conmi�sion s::ould really have some standards they 14:illt to at�ply. An ir.formal meeting n�;y not resolve a lot of tl:z questiens and may prevea�t L-he Commission fro� preparing ie'self for tLe hearing i.n Jaauary. � i 6� Pare 4 CATV C011MISST.ON T�1iF.T7NG November 15, 1978 Mr. Eelgpm slated the Commissi.oci docs not know enough abost the new comnany, what it intends to do, what Chey have done elsewhere, what they mieht Ue wi.11ing to do and what kind of resnonse thcy would matce the request. t3r. Yaspszak asked t4r. Hedin for his suggestion. Mr. Y.edin stated the Commission had limited time and personnel between now and the hearing date. t�(r. Yaspszak suggested Novembe.r 29th for an informal presentation that will be part of the minutes. '.1s. Reichgott stated that �oould be fine. tYr. Hedin stated we need to be.prepared for the January 9th hearing. :dOTIOV By Pir. Chevalier to have an inforr�al meeting on November 29th to discuss preparing for the January hearing. Ms. Bianding seconded the Motion. tinon a voice vote, all voting aye, the cotion carried unanimously. N`s. Kaspszak stated the meeting will continue with the discussion regarding possible ordinance amendments. Mr. Hedin stated since the Council rejected the amendments last time. naybe Mayor 1Qee could co��ent on c.�here he Chinks cae srould be going in making more amendment suggestions. :fayor Nee stated he did not persc,nally want to make the claim £or 5�6 of gzoss receipts. He did not want to £�rce the compar.� into a further loss position. At the same time he did not �aant to relir.quish the right to make that claim Uy some sort of a3verse action. So after the discussion it seemed to him cre coulc make the claim and provide for a caaiver of excess at this time. Ir. other caords, on an annual basis say they make a claim for 5°; of other receipts and provide the Council can waive that exczss u�argin on an annual basis. 7f the case is made that this is either necessary or in the public interest. Tl�at caould not permit the Council to waive the basic income. Rut to waive the 5% c.^. paid TV� advertising, etc. I?e stated he felt strongly �:e needed to assert our rights to that money but he is very uneasy about tryi�� to ccllect it wl�en they are losing a couple of grand a month. Fart ef the advantage of a wait•er proces� is that if the Commission and Council feel that a good effort is being made at public service b� the company, they can really make Uetter use of those dollars than seme- body else. A future Council may say they would ra�her waive that claim this year in the light of the perY.ormance of the cn�panp has given in serving the conL.iunity in L-heir local origination. 4iayor Nee stated tie did not like the idea of givin� un 20a of the channels. There could Ue good use for these in the future. P(r. iledin ctated there are also other amendment-s to be considered. Another one would be Che renewal pravisions. It is onlv a five year renecaal period. There are otlier }iousekce�ing a��rndments. �; r�r� 5 cnTV r,o,�rssT.or� r�r;r�rr*�c November 15, ;�7s Mr. }iedin atated Mr. Kaepszak had Urou�;hC this up at the 7.�st meeting and that was to be sure they m:rintain dieir color production facili— ties here. Another ieem on tiie rene�>al is we ciay want to ask for a renewal at any time. They would not liave to wait for the 10 year period; they �r�ay want to com� in in tcoo years and ask for a=eneval. Then there are some technical Chin�s lilce auditing. :4r. Kaspszak asked Mayor Nee if there was anything new thzt has come up from the time the Councii rejected the previous aWendments until now that he felt we shoulcl be thinking about. Mayor Nee state3 there are a number of things in there where Y.he franchise says they shall submit a plan for and they cn3y nave. We may want to clarify that. Enforcement is something we have to think about. . :Ir. Belgum asked Mayor Nee how we would go about enforcing sonething. Mayor Nee stated he had asked Mz. Hedin and L-he comnany to resolve what they had agreed to in the way of fines and he was not sure how it would work. ' Mr. Belgu�a stated it would be hard to fine the company when they are losing money. i�yor Plee stated co�� o�culd have to cor.sider the impact of the�.r action on whether or not you kill the sgstea — or whether they can nake t�etter use of it than we can. If you are talkiao about whether or not you claim an extra $5,000 cah9ch would then be used by the Anoka County gro�ig or whether that $5,000 can be used by the compary to teleca�t community evenr_s, it is qvite possib].e the, company could do more with the 55,000 than we could. 1he com�an}� should not be totally sheltered but I thinic you need to ha�e some concern that they don°t ground and at the present tir�e they arz financing about $900,000 at 1.25% of prirae time so that is about 13% on $1,000. �bout $i0,000 a month in capital charges and an operating loss of $2,000. So you are talking about monthly losses of $12,G00. That is really a ridiculous capital cost. Ms, Hughes stuted in a situation like that you could exoect the co�pany to say we owe you $5,000 Sut we really could make better use of it an3 �ae c:ould l:ike you to waive it and they never once did that. 'Lhey altaays denie3 they owed it. Mayor Nee stated we have to estaUlish that. Tis. Hughes stated that taaivar process might be an amendment. She stated sh� helyd Pir. �ricl:son say that of the puhlic access channels tha[ anytlting we want to pay for is ours bul-cahat that sa}�s to her is"U�e one you �ot is the only one ��ou are entiticd to. ithen we fill un one cl:annel and need another they must give it to us c.ithout charging us for it. That is not wliat she was hcaring. 6D �e 6 CATV CQ'.^1TSSION 1"liIiT7T1G NovemUer I5: 1978 Mayor Nee stated he thought Mr. Trickson understood that now. 14r. fledin aslced Mayor Tiee if he felt the Commission should proceed with an updated pacYage of ordinance amendments. '4ayor Nee stated yes. lie stated his only reaction was let's not give away anything we have the right to. Mr. :.aspszak stated his concern was that going through Y.he franchise tirx and time aga�the company has not complied wit-h various urovisions in the franchise either through ne�;lect of the Conunission,or the Council�or the city,or a combination of the three. Lihat if we notify the company and t-hey keep doiug it the same way. There are no penalty provisions and we have no enforcement power short of. revocation. Mayor Nee stated we need an amendment on that by using a fine. Mr. Hedin stated part of the package proposed months ago was so much a day. ile left it up to the Council. Mayor Nee stated the final decision would be by the Judge. Mr. F:aspszak asked :Sr. lIedin to worlc on this item. }tayor Nee stated he was interested in putting something in the franchise that nrovides some inducer.�er.Y. for ].oca7. ori�inat'ions by the company. Mr. i:asnszal: stated the company has to do some markeCing. Mr. Belguci asked Afr•. Daniels if there was anv evidence fro� other communities th2t a suhstantial public interest progran can � combined with a decent profit-making operation. ,`fs. Daniels stated it was lcind of a chicken and egg thing. Public service t}•pe thinFs do not pay for themselves. You have to h2ve a successful, viaUle cable system in order to provide Y.he t�ae of things you are referring to. Ms. Davis stat2d there is a cable comnany located in the sLburb ef Toronto. They said their figures are available to am�one uho wants to see th�,;.and they have included nublic access i.n their m�rketing. They say it has incr.eased their penetration �oithin the area that they serve by 12% having public access nrogramming. They have gone out and actively gotten people involved in public access nro- gra�maing. They say they are now roakinP money at it. Pir. Faspsaak asked *Ir. �chneider if he had any inpUt. Mr. Schneider stated his concera is with access channels. He stated he was also concerned caith enforcement. Tliere sliould be sor�ething other than revocatiun. GE P1pe 9 CATV COMMISSTOid hflil'sTI11C NovemUer 15, _1978 etc. that same equipment slttin� tl�cre in t:he studio now, I mentloned to the technical person aC L-he cludio that it would be nice to get the game tomorrow nirht. 1[e stated they cuuld not do it at Parade Stadium. lie [hen a.^,ked him about the Fiibbing �,ame which was played in Pridley and there was no attecapt to nrogram that �ame. If Chere Was ever an opportune time to get out, that would have been it. 14r. Gerard stated they had considered it but they were not going to spend the money. Sde are still going ahead with any plan cae ever promoted or told you about this year. Mr, iioravetz stated he was not critizing the present operation but just giving an indication to Northern Cablevision of zhat perhaps the City would be lookinb for. Mr. Schneider stated to Mr. Gerard that they were one of *_heir earliest subscriUers and cahen you did do the local origination, softball games, etc. our phone started ringing and all our friends catae over to watch their son or daughter on TV and then •:ent out and hooked up. � Mr. Kaspszak asked Mr. Gerard if they were providing senior citizen ra.tes. The Commission has never received a report on this. ;fr. Gerard ctated they do have these rates. Mr. Faspszak asked Mr. Gerard if service irstallation is complete in all parts of the city. lde have no ieport. :-fr. Gerard stated a report was provided to the Commission in our business report. It is not corspleted. _ir. Raspszak asked aUnut additional revenue producting channels. For esample, not normally thought of in terms of viewer participation of automatic reference or library reference or entertainr_�nt; he asked Mr. liedin if this was something we should be loekin� 2t. Pir. Hedin stated at this point it taould not be a high priority item. :•ir. I:aspszak asked cahat if the supermarl:ets in town �aante3 to bup a channel for 24 hours and advertise their products. Thep �:ould charge the supermarket x number of dollars for t:iat. Is this cevered by the gross revenue? Mr. Aedin stated that �aould be a lease channel. 2;ayor Nee stated that should be in there. plr. I:aspszak stated one of the things we did talk about is in reading through the franchise a lot of the paragraphs relate to g:anting of the original franckiise nnd really l�ave no relation ro ul�at we are trying to do now. I'or e��mple, it speciflcally mentions the production facility thaC was necessary at that point i.n ti.me Uut no provision at all nfter that. He stated he aslced Dtr. llediu to go thrau��h those and eil-her Uring them up or get rid of tliem. S E� J � , Fn ,Re 8 ` CATV COMMISSiO;] MRF.TI21G Novembcr �S 1978 :1r. Yaspszak etated he was lookiug at a 10 year renewal and is open to any su�geslions on tha[ also. Mr. Chevalier asked Ms. Davis to cortcnent on crhat other ca:�munities were looYing at regarding length of contract. :is. Davis atated that two communities had indicated they prefer the shorter period. • Mr. Y.aspszak stated he prefers 10 out fe1C each communitg should have their own perrogative on,thi_s. Mr. Yaspszak stated we def.initely have to have a provisi:,a in there for retention of the production facilities and so�e kind of a pro— vision where this be of a minimum standard and so forth. ilae co�pany states they camiot do this or that because their e�uinmert is ou� of date and not usable in my judgment is a taeak one: Fi:anciallp it makes sense for the rompany but it is a violation of t:e franc�ise. i�. Gerard stated he did not quite understand that. T7e have never denied public access. Mr. laspszak stated he was talking about maintenance of p=oducticn equipment. lde have asked if you could do this and this aad tre remark came back that the company could not do this Uecaise the equipment is outdated and it wouid cost $15,000 to bring it to current oper.ational service. ifr. Gerard stated he taas not comfortabie with that. Some of the equipment is not maintained because nf lack of use. k'hy continue to maintain it when it does:i't get any use, lie stated sc=e of thz things they can't do, and do not have the ability to do, a:e to go but and do a touch football game. It would taI:e �ore tcan a�;ee;: to do that. To go out and do a football game is aot public access. ide did offer to pxovide that originally t,ut I don't think that`s the ordinance. ' tir. l:aspszak stated he felt it was a violzti�n of the fra�chise. Your equipment should be operational. 21r. Gerard stated he could get it ready i.n a,week but there is no use to. �de really have not attempted to sidetrac� or not fill the obligation of access. :s. Kaspszak stated he assumed and he did not recall receiving Also the financial statemenL-s. to put the new owners on notice that. ror example, all letters recei��e conies of them. there are �on.e comn2aint review fcrms any comnlaint reports frc= the ccanany. This is our fault. Fle st�ted he �«anted that this Co.,,mission is pcing to cemand sent to the FCC and the State we should Pir. tioravetz stated khe reporting to the city has improved substar.tially in the last year. Ile statecl re�;arding uo need to go out and do it with local origination progr:.mming, I recall five or,sis years ago when they did have the half hoUr necas, weather and soorts thev also had the renote cams ouL- interv:icwing p�ople on the stre�ts, d�ing girls softball games, ' 1� J GF �e 7 CATV CO*1MISS10T1 MT?ETI14G November ].5, 19i8 � Mr. Schneider stated he al�o sharcd Ms. liuqhes'concern r.egarding Mr. Herrick's opLnion. To base evcrytliinF oci that and then ha��e the company take that opinion to court,have it reversed and then be locked into the franchise without having the changec. Mr. Hedin stated regarding local origination the questions to be asked will be very important when the company makes ies prusentation. What we want to do is match the performance on the original premises. Local nrograTmning was one of the promised features six or seven years ago. 1Je should try to ask some tough yuestions of Storer as to what is done in other communities throu£hout the country and wh2t it plans to do on Ioca1 originat'ion here. Mr. Chevalier stated the Commission should get their Iist of ideas down and get prepared fcr the next meeting. :ir. Kaspszak stated he ha3 several things he would like to nresent to Mr. Daniels, 1?r. Gerard and Ms. Reichgott for them to work on between noca and the Z9th. The bylaws of this !:ommissi.on about seven years ago, and one of the things that it does nrovide,is the Commissien shall be responsible for pronoting, coordinating and supportiag the efforts of local persons and institutions using the public access channels for co�ununity well being. The reason it hasn't been done, Doug says its because of lack of interest, and I say its because of isck of proper salesmanship. I think a lot of thinr� erculd have bzen done if possibly this Commission caay back would have had some m�aey available to it. It puts the city in a very atokward position. iir. I'eaver, �•�ho could not be here tonight, stated to me that the city should somehow be involved in some sort of a method whereby in order to do scae ef the • things that we would like to do in terms of promoting lucai origi:atioa wherever there is any future inCerconnects with oL-her municiaaiit «s that somehov� some kind of a system be set up where possibl•: furas couid be allocated bacic to local origination as it relates speci�ically to Fridley. He stated he would like to get the company`s reaction to that. Mr. Gerard stated he wovld like Mr. I�aspszak to expand on that. PSr. Kaspszak stated cae could get a spin—off on projected revenues that night accrue from that irter—connection.with those mur.icipalties to help us advance some of L'he programs that we have been held re— sponsible for. Mr, Kaspszak said another item would be would a percenta�e other than the 5,`> specifically less than 5% in lieu oi certain standa:ds of performance with the excess being say beCween 4 and 5% tha: were in fact dedicated to the fund for local prograr.uning. I am lcaking for ways of generating revenue thnt can be used without hurCin; the cempany. :fayor �ee tallced aUout an incentive. S�liat- I am saying is what incen— tives would you be cailling [o impose. Evcryone wants more local progralmiing. Is there a way af gettinE that and comit:g up with a reasonable profit. I am looking for su��estions. �e lU CATV COhf�tTSSIOtI AP:37'INC Novembcr 15, I',78 i`.r. Kaspszalc stated to ??r. lledir, that we have to.considcr :hat co�q- right pa,s-Chru. In terms of thc bondinf; ilen, in lieu o: ?tr. lierrick's opiniou, he sugficsted setting up a producure wF.eze the complaint review board }iaudZe tliat and fi.Fure something o�t where�y we would be tha determininf; f.actor in that rather tl�an th= cit� handling all tne complainCS. If a property ociner receives daaage to liis house they would have to hire an attorney. He stated he did not,fecl the property oo:ner sliould have to go through the erpense and time of going to court, etc. Mr, iledin stated he felt a coc:plaint review Uoard staffed '�q the Commission is in an awkc�ard nesition because the bylasrs sai you have to promote cable and you want to work with the comoa�� yet you have to act as an i;r.partial arbit-rator. in trying to resolve these diiferences. You carmot be forcing one party to pa� another party damages. The cor�oauy ma}� come in here and start recnesting money fron your citizens. It can be a tcao-caay street. Ifr. Kaspszak sl-ated there should be a provisioa whereby ii these people have a complaint they wovld call the company first aad if the company was aot res?onsive then they wou'd call the ci_ry office and the city oiYice would say hire an attorney. That is �a:_re it �ould end. He stated he did nct ieel it caas rignt. Ae stated �ae ciCy has a moral respcnsiUility in this instance. t�ir. i3edin stated regarding property damage the Comission k�uld be in a cerJ diificulc pesivion to txy to resolve a prcoerty �awage claim. 2. 1dEF' �iUSIrESS: A. Report oa P.ented Tapes °Funding Your Video Center" ifr. Moravetz stated he had received the tapes from t•faaisoa and they �aere being L-aped and sliould be availabte shortly, B. Other P`s. Chevalier suggested oetting some input from the �noka County T,�orkshop prior to the next meeting. T;OTIO:d by Pfr. Belgum, secended by Dis. 131anding, to adjourn the mezting. Uoon a voice vote, all votin� aye, Che meeting adjourr.ed at 9:45 P.`t. Respectfully submitted, cay��: w�11��Gs`.' Recording Secretary 6I F �;: MEMO T0: Nasim M. Qureshi, City Manager � MEMO FROM: Richard N. Sobiech, Public Works Directo^�j,� DATE: November 27, 1978 SUBJECT: Interceptor Maintenance Agreement :io. 67 with Metropolitan Waste Control Ccnmission (MWCC) for 1979 We have revi.eored the attached correspondence from the MWCC regarding renewal of the referenced agreeaent. This agreement provides for actual payment for s�aterials, equipment and labor pertaining to any maintena:ce the City of Fridley would perform on the interceptor. Review of the maintenance being performed at t::e nresent time indicates that renewal of the agreement is justi- fied. It is therefore requested that the Council consider the reriewal of this agreement for 1979 at the Council meeting of December 4, 1978, and it is recomme_.ded t'r.at the Council approve execution of the agreement. RNS/jm 7 f'fIETROPOLITRfI UIRITE COf1TROL COffif�11!li0� Twin 6tKS fvea S50IilETRO/OUFlRE RtDG. 7TH6 ROBERT7TREEV !Po(ii PBUL f110 55101 612�2i4•8423 .� 7A �� i � , � �: �� . November 1, 1978 Mr. Nasim Qureshi City Manager City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Subject: Interceptor Maintenance Agreement for 1979 Dear Mr. Qureshi: We wish to renew for another year Interceptor Maintenance Agreement tJo. 67 under the same general terms and conditions contained in the Agreement now in force between the City of Fridley and the Metropolitan Waste Control Commission with the exception of Section 6.02 Cost Estimates; Pa my ents. We would like to amend this section to read: "Section 6.02 Cost Estimates; Pa.yments." The parties estimated that the toial amount of costs �•rnich the Cor�nission will be required to pay ihe Municipality for performance of this Agreement in 1979 wiil be $�,200.00. Such amount shall be paid in t�aelve monthly installments as an advance payment of such costs. On or 6efore February 1, 1980 the Municipality will submit to the Commission a cetailed statement of the actual costs incurred by the Municipality which the board is required to pay in accordance with Section G.O1, and v+ill remit to the Commission any amount paid t.o the Munici- pality which is in excess of such actual costs. If ti�e total of the monthly advances paid by the 6oard is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before t4a��ch 1, 1980 an amount equal to the difference between the actual costs and the monthly advances previously paid. The Municipality shall keep detailed records supporting all costs of the types specified in Section 6.01 which it expects the Commission to pay, and shall make the same available to the Comnission on request. 7E Mr. Nasim Qureshi� City of Fridley Page 2 The Renewal hgreement is enclosed in triplicate for endorse- ment. We have signed the enclosed statement as our intention of renewing the Agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic Agreement, please feel free to contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Very truly yours, Ri ard J�. Douyher Ch ef Administrator RJD:LOB:hy Enclosures , cc: Richard L. Berg, Comptroller, MWCC LaRae 0. Bohn, Administrative Assistant, MWCC George W. Lusher, Director of Operations, MWCC John Almo, Interceptor Engineer, MWCC 7G STATEMENT OF AGREEP4ENT RENEWAL INTERCEPTOR MAINTEf�ANCE AGREEMENT N0. 67 The Metropo]itan Waste Control Commission and the City of Fridley agree to renea� the Interceptor Maintenance Agreement No. 67 which is currently inforce between these parties. The terms of the Agreement for the renewal period sha17 be the same as those contained in the Agree- " ment which was executed for the January 1, 1978 - December 31, 1978 period with the exception of Section 6.02: "Section E.02 Cost Estimates; Payments." The parties estimate that the total amount or costs �-?ich the Comnission will b� required to pay to the Municipality for pe�;ormance ofi tiiis Agreement in 1979 will be $1,200.00. Such amouni: sh- ` be paid in twelve monthly installments as an advance oayment of ° r_osts. Qn or before February i, 1980, the Municipality will submit :e Com�nission a detailed statement of the actual costs incurred by _ �4unicipality which the board is required to pay in accordance witii .iion 6.01, and will remit to the Cormiission any amourt paid to the Mw; iaalizy which is in excess of such actual costs. If the to±al of ti,�_ aonthly advances paid by the board is less than the actual arr�ount of �.;.h costs, the Cominission shall pay to the Municipality on or before i<< � 7, 19�30 an amount equai to the difr'erence betvreen the actual costs ancs mor�thly advances previously paid. The Municipality sha71 keep : ':ed records supperting ai' costs of tfie types specif9ed in 5ect�c Jl ivhich it expects the Corr¢nission to pay, and shall make the same -•:.iiable to the Commission on request. The renewal period for Interceptor Ma�ntenance �igreement No. 67 shall be January 1, 1979 - December 3', 197S. That both pat°ties agree to the renewa.l period and terms is evidenced by the signatures aff�ixed to this staiement. FOR THE CITY OF FRIDLEY FOR THE METROPOLITAN IIASTE CONTROL COMMISSION i, �_L. aS• 0%u-�-lM+�Gnw�. t �p� — — Title Barbara L. Lukermann, Chairwordan itle R hard J. oughert , Chi Administrator Dated Dated r: : Y--r T' � �.� `�: \��: ai;:�'>-: ��...� ^~ ere�rno�e• Y • •�., �. ..�.. � ' I i . ......_�' .. i:53 '_.1.n. ca .....�,....�'� ��_Sh3 ; � _'y _ � ""'` _y _ � I •. 7 _ —' _ f �::.` '— — ��- ' � ,( ��..;` , \ �� i� � i � .- /.. , ��t : � �4 : N ��.,� !' � '��.' � . � � �� ----�� y 1' " i � �^-�J—, i {.�-. + � W := ►E �.� �, , ' 1� �.' +:� f ""�� t S �i l � ' � UJI � ,.--r� � ✓ . � t � r-i �'. � 23°z?li' � f" � �� 1 �� y � � �� l � � �%�>! i �r � "� .S� �a�'_� r , ^ � �I� I ;•��,�' I ! •=� r'-`° 'i � i —� �n t �rT` �= ��; :; - � � 1 l'(:�-j! r�= `;'; T� � � �,,, ee I �_ ,�` ; � -- i: �.�_= '1 F111 �1-�� ;t-- _. �, _ ; ,,_.,.- � � _, �;. i.' a r !/ : , ,...�,., � �� : � �'`• i i i .-°. .� � � �A , r. _�--��,� �� i } ,,, =T=..� ,. ,; � - • , � . � � ,;; ,� ..� .. . , ' I �.' L' , i!- _` __°_` ___ -_ __ _ -__- ��-- � �� -.. � _ . \ � \� \ ' T � ' _ Q —,�, ! � _;Il �i _ _ __= _- _ = =_� : ; � �— IZ i -= - == - _ = = � , �,. ... .,. .. ... �� N \ _ �i \.� . , p ..:, � �,Il.L _ -- s u � � — _. = � . �► �� _-:, - __-___ __ __ =- :_-_ ___= : _-==: I '�` � °1 _ ��, p`. _ _ : ;; , : ,,.. _ / _ -_ ;r .larSL ' � �y ! t �.._ � I� � -:. - -- E � : .,.l; ! f � �- �' TREFT!dAp—Ct'fY CF = . ^ .'..-. :. �f ;; {-' ��.1: �i '�.. = �'•' _ '-r� � . , � s�`:. .r �[ ..�. _:J°—�= --- .,...�.: _.' _� �I`� ?:;�� .:�c— u ' . :-<,-,r-. ....... � • i.�Y•�-t;;..,• -..a.. - � L� • � ' - -- - — ___. 7D . MS6 No. 1-MN-307 � : MEMO T0: Nasim M. Qureshi, City Manager 1� ,�,f�/ MEMO FROM: Richard N. Sobiech, Public Works Direetor �fi" r� • DATE: November 27, 1978 SUBJECT: Joint Use Rental Agreement #191 with Metropolitan Waste Control Commission (MWCC) Atta�hed please find correspondence from the MWCC re- garding execution of the Joint Use Rental Agreement #191 for 1979. This agreement was initially executed on January 1, 1972 to provide compensation to the City of Fridley for performance of maintenance on the inter- ceptor sewer line noted on the attached map. It is the policy oi the MWCC not to assume ownership of an interceptor used by two mun�_cipalities which serve 75 acres of less. Therefore, this agreement was initiated to ensure proper maintenance of the sewer line. A review of the agreement with Public Works maintenance personnel indicate no problems have occurred to date. It is requested that the Ci±y Council consider approval of the agreement at the meeting of Deceniber 4, 1978. RNS/jm (TtET�t7POLITNf1 t�tili£ �Of1142GL commirnon rW�� <u�e� E�-�a 350IIlETRO /OURRE BtDG. 7TH 6 R06[RTlTREEU �ainT Puu� mn ssioi . 612 222•8445 �F November 1, 1978 Mr. Nasim Qureshi City 14anager City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 RE:JOINT USF RENTAL A6REEMENT FGR 1979 Dear Mr. Qureshi In accordance with Section 4 of the Joint Use Rental Agreement No. 191 between the City of Fridley and the Metropolitan t9aste Control Commission, such coniract can be renewed by consent of both parties. We wish to renew for another year the Joint Use Rental Agreement Noe 191 under the same terms and conditions coniained in the Agreement which is presently in force bet��een the City of Frid7�ey and the t+letropolitan Waste Control Cort�nission. The Renewal Agreement is enclosed in triplicate for �our erdorsemeni. We have signed tne enrlosed statement as our 'inteni;ion of renewing the Agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) fior your recor•ds. Stiould you have any questi�ns or suggested changes to the basic contract agreement, piease contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Ve;y truly yours, Rich�� c Dokgherty Chief Administrator � RJD: LRB : {ly Enclosures cc: LaRae Bohn, Administrative Assistant, MWCC George W. Lusher, Direci:or of Operations, M4lCC John Almo, Interceptor Engineer, MWCC ., . :i STA7EMENT OF AGREEMEPdT RENEWAL JOIN7 USE R[P�TAL AGREEMCNT NQ. 191 The Metropalitan Waste Control Corrmission and the City of Fridley agree to renew the Joint Use Rerital Agreement No. 191 under the same terms and canditions contained in the Agreement which is currently in force between these parties, The Renewal period for Joint Use Rental Agreement No. 191 shall be January 1, 1979 - December 31, 1979. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF FRIDLEY fOR THE METROPOLITAN WASTE CONTROL COMMISSiON ��.w � ��,�.,.1 � _ Title � Barbara L. Lukermann, Chairwoman Titie Ri ard J. ugherty, �ef c+!iii�istraf.or Dated Dat � • i . . . _ .. .. . . . . � � , ' � � �.f'1•....•� - �rr. � ...+...... , r. .. ......... , .. ,� ..n• . ... .�......Tn...� . • ir-��.�......�..�� ^�.:V.1.2..r........�..��,..r...��.�.�......��a� .�i�rwa�...�..r�:rJr�a.u...,., w.�u�+.rr _� �..�... '' . . W�; � ..._.� �.� . � ._n. . .... ..��...1 �._ �—_�...�.a�_w...' � � .....� • . , � t- ..._.. ...:.........»� . . �-r � • . . . . : -, , i � � , � 'i = � ' ' • � . . ; �� . .':. �� _ ==%:1 i • .. . ' . ' . , � F' ,�. .;�;`;>:j;.� :; • 1 ' , , . . � . t (i '' ' 1. . \" i;;J `\� � �V:.,,�1� . . • � . � . . ' . . , }' \ - �� \'•� : -�--q--r.I�I'.. f ... • • �.��\i.\..t �� ,• !_ ��. •. _ �f �' ,r `f� _ . ' � �° .�� _��:^:�:: `.-�.�-'� . . ZjA.-� . ' i-=�; � �ii':..: a�---° ,:�> - . • . . �`�; i � ( . � i . � I( ;j` :� . �i . . L�+ \: \� J j �� ; 1 •+� p . / a;...�n i. i:,.... vs e. ' . � . �1,"��.'`C_ � l 5 ��1 : 1 ` y 1.... _ _ ' , Art S�':.. 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' F � ,:�� j,__=_ � � � : .�__, , f . % i:>-��c. -_ . . - 1 • � � � .- , _�: • ' . �' � r''" -. 4 ` ;�f :�' >, . / 3 + � d-� ,� 1 ' • � • i � � ;` l � • ' • • � ( �. t 1�• � � . � , S %-.:� .� , <,:, . . - ��1�� . - i �:;,.,i:;:�:: : - . + ;". t JC�.� _ ilt•nl - • • � '� II.,�Y��11 4 .�. . . . �• �\l I'__'i �� I�_ � ! i�, _ ' _ _ '. ' '� : : . ... • -� � \- �,;� A,�il. ".. .. .: . :' ' . �..�� .. � i ' i _�� l�l . ' � � � T ;�_ ' _;�.:.��;�'• '"....._ `_ . . . . . ' . • � 1 _ir : . ' . • y F � � . �a - -- . ' � . . . . \ � ;I_�,1.4r.._..._ , , , . � .,i�;,.; ; ;;.; .^ � <,- -�;�- - . ;� ;;.�----- , . . --. : . , �: :,-` •• +., ( '�cPti,�.:7 • SANII'ARY °:r:cR SYS'ic81 . i `��j,; , � . . � �- .._ • : : : �it ��l �A t.+ � . �`�i...�"' ~,`r • x,^.�'., '_'"'`''' • , � ,.� � ;,,:`_� � _:�.:- _. ' � . � �;� -��::. �� . i� . �j �• "i:r`�!:;=.. . • y . � _.�(.�� 1 � .., . . ... _ __.__..... � � �, `, . . � `�" , . �: : . . '.""�:,..'� . -' • � ' ' . . ., � , , . •. . . ...,•..—..f...__._ s^_.--._�. . E' . . RESOLUTION N0. A RESOLUTION REQUES'fING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFfIC SIGNALS AT THE INTERSECTION OF TH 47 (UNIVERSITY AVENUE) AND 69TH AVENUE NE WHEREAS, the City.of Fridley traffic situation which exists at the and 69th Avenue NE; and is very concerned with the dangerous intersection of Trunk Highway 47 WHEREAS, the crossover at 69th Avenue is the only outlet for a large residentiat area on the west side of TH 47 (University Avenue NE); and WHEREAS, there is a considerable amount of traffic generated due to activities in Locke Park and Columbia lce Arena on the east side of TH 47; and WHEREAS, this intersection is within the area associated with the land acquisition along Rice Creek for the proposed development of a re- 9ionai trail system; and WHEREAS, there is only a narrow space in the crossover section of the highway between the main traffic lanes at this intersection; and WHEREAS, there have been numerous accidents at this intersection. N64!, 7HEREFORE B[ IT RESOLVED, by th� City Council of the City of Fridley that the City feel.s there is an immediate need for the installation of signals at the intersection of Trunk Highway N47 and 69th {Ivenue NE and hereby requests the 1linnesota Department of Transportation to proceed with the installation during the 1979 construction year. BE IT FURTHER RESOLVED, that the City of Fridley will be willing to bear their proportionate share of the traffic signai improvemenL at this intersection. Further, the City of Fridley will be willing to pay the total construction cost for the signalization at this time, if the Minnesota Department of Transportation agrees to reimburse the City of Fridley for their stiare of the cost within the next five years. ADOPTED BY THE CITY COUNCIL QF THE CITY OF FRIDLEY THIS 4th DAY OF December , 1978. Mayor - William J. Nee ATTEST: City Clerk ° Marvin C. Brunsell RESOLUTION N0. A RESOLUTkON REQUESTING THE ANOKA COUNTY COMMISSIONERS TO LEND THEIR SUPPuRT IN A R[QUEST TO MINNESOTA D'tPARTMENT OF TRANSPORTATION FOR SIGNAL- IZATlON AT TH 47 (UNIVERSITY AVENUE) AND 69TH AVENUE WHEREAS, the City of Fridley is very concerned with the dangerous traffic situation which exists at the intersection of Trunk hlighway #47 and 69th Avenue NE; and WHEREAS, the crossover at 69th Avenue is the only outlet for a lerge residential area on the west side of TN 47 (University Avenue); and WHEREAS, there is a considerable amount of traffic yenerated at times due to activities in Locke Park and Columbia lce Arena on the east side of TH 47; and WHEREAS, this land acquisition along trail system; and intersection is within the area associated with the Rice Creek for the proposed development of a regional WHEREAS, there is only a narrow space in the crossover secti�n of the highway between the main traffic tanes at this intersection; and WHEREAS, there have been numerous accidents at this intersection. NOW, THEP,EFORE, BE IT RESOLVcD, that the City Courcil of Yhe City of Fridley requescs the Anoka County Commissioners Eo support Fridley's request to the Minnesota Department of Transportation for signalization at TH 47 and 69th Avenue NE intersection. ADOPTED BY THE CITY COU�CIL OF THE CITY OF FRIDLEY THIS DAY OF December , 7978. ATTEST: City Clerk - Marvin C. 8runsell 4th Mayor - Wi 11 iain J. Nee 10 �� 0 F.OR CONCUF2RENCE E3Y THE CITY COUNCIL — Llc�rrsEs December 4, 1978 GAS SERVICES APPROVED BY 'Comfort Heating & Air Conditioning . • 3111 California Street N.E. � WILLIP_4 SA'VDI:7 Minneapolis, MN 55418 By: Raymond Frei Plbg. Htg. Insp. Pokorny Company 65 - 7th Avenue South Hopkins, [�MI 55343 � GENERAL WNTRAC1bR C & M Builders 4536 Jefferson Street N.E. Columbia Heights, MN 55421 HEATING By: Henry Pokorny By: Alvin Melcher Comfort Heating•& Air Conditioning 3111 California Street N.E. Minneapolis, NIN 55418 By: Raymond Frei. Pokorny �moany 65 - 7th Avenue South Hopkins, MN 55343' SIGN ERECTORS Kaufman Outdoor Advertising Co. 315 North Washington Avenue Minneapolis, MN 55401 By: Henry Pokorny By: r WILLIAM SAVD�i Plbg. Htg. Insp. DARREL CLARK Com. Dev. Adm, WILLIAH SANDIN Pltig. Hty. Insp, . WTLL7A:4 SANDI.7 Plbg. Htg. Insn, DARF2EL CLAZK Com. Dev, Adm. A I1 ;, ' _ ,. , ; , ,, ,. , ��_ ;vTII �,i;it I)t', �� ,;?±r�. • [1r;(.�1t� 1`i�.:'IS � Iiti?C.. Ir: aCCOUra�r lql ; Fi�. Mr. Marvin Brunsell City o£ Fridley 6431 University A�enue N.E. Fridley, Pliruzesota 55432 STlifE;b�NT . . . . . . . . .PROFESSZOIQEIL SERVICES . Reception Center Building Islands of Peace Pr.oject Co�nission No. bID7830 Pario3 ;:^o:n September 1 through October 31, 1978 Consultation, planning, review of shop drawings, observation of construction Architectural Principal Sr. Draftsmen Draftsman Fieid Ouserver !�:�.-oic� r!o. 5765 t-r+T!::: November 20, 1978 . . . . . . . . $1,7&2.65 12 hours @ 515.00 = $ 180,00 11 hours Ca 9.68 = 106.48 6 hours C� 7.09 = 42.54 7 hours Cd 9.0& = 03.56 392.58 Mechanical. & Electrical �nQineerinQ Senior Engineer lZ hours @$11.40 = 17.10 Senior Draftsman 1 hour @ 8.85 = 8.85 418.53 x 2.5 = $ 1,046.33 Direct Costs Printing $ 696.72 Automobile 39.60 736.32 S 1,782.65 7d17 �;� lilll'.. ::N ��.._WII f- a ^.71�'if'. �i ;��: �. :f41..?1T/11 ,.l.ii i� i, .. � fi..i^i ti� Mr. William 3. T1ee, Maycr City of Fridley 6431 University Aver.ue N.E. Fridley, Minnesota 55432 Dear Mayor Nee: 14 Robert H. Schroer 7y20 Unive:rsity Av±::, N.E. Fridley, Minne 55432 - Telephone: 571-66�0 November 28. 1978 This letter is to advise you that I have recently pvrchased the Sears property on University Avenue in Fri3ley. This pur- chase was made after ar. extended neyotiation. At the t3.me I commenced the negotiation, I was not aware of the fact that the County and the City oE Fridley wer� interested in ac�uiring soane or a21 of this property. !fiy intention in acquiring this property is to plat and de- velop it and to request the installation of all necessary stree�s and utzlities as soon as weather permits. Z have authorized mp enqineer to proceed with a preliminary plat £or this area, whicn will be submitted to the City of Fridley eari.y in Decembero r do not want to nut myself in an adverse position a� far as the wishes of the County or City are concerned. I recoqnize, of course, that either the County or the City has the authority to ac5uire this property. Because of the tremendously high cost of holding this property in terms af. interest and real estate taxes, it is essential that any decisions on its use be made as quickly as po�sible. IE the City intends to acquire some or all of this property, I would appreciate it if the praper City officials would advise me as soan as possiblee 'I`he Sears of£iciais have also forwarded to me the City's request ior an easement £or snok�mobiling on this propertyo I am aqreeable to signing such an easement for the winter of 1g7g-79, Would you glease request the adminis�ration to con- tact me regarding the same. Thar.k you very rnuch for your time. Sincerely, d � % � �� '��,�/ C. �'?�!"-� Robert fi. Schroer sk