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07/09/1979 - 5699- - --- 1�8 TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 9> 1979 The Regutar Meeting of the Fr.i,dley City Council was called to order at 7:35 P.M. by Mayor Nee. � � PLEDGE OF ALLE6IANCE: . . Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee> Councilman Fitzpatrick, Councilwanan Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETItdG, .IUNE 18, 1979: MOTION by Councilman Schneider to approve the minutes of June 18, 1979 as presented. Seconded by Councilwoman Moses. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENGA: CounciimanSchneider requested an item be added as follows: "Receiving Letter fran Mr. Bob Bryant, 5421 7th-Street, Fridley, MN 55432, Regarding a Complaint Against General Television." MOTIOfV by Councilman Fitzpatrick to adopt the agenda as amended. Seconded by . Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. OPEN FORUM, VISITORS: Mr. Bryant, 5421 7th Street> appeared before the Council regarding his problem with General Television.� He stated he has been in contact with Councilman Schneider regarding this matter and was advised it would be pror,essed through the proper channels. He stated, however, if the Council had arLy questions he would be happy to answer them. Councilman Barnette questioned what h1r. Bryant's problem was. Mr. Bryant stated he connected with cable television approximately four years ago when he moved to Fridley. He stated he enjoyed the HBO service and, therefore, had tfie full service installed appr�ximately 90 days ago. He stated, zfter trying this service, he found it was not worthwhile and called to have it dis- connected. He stated he was talked out of this by General Television as they explained they were having new equipment caning in to provide better service, etc. He stated he then continued with the service for another 45 days and there was no increase in service, except the directory service. Mr. gryant stated his quarrel is that he cannot disconnect from this service and was not �informed of this�or else he wouldn't have signed up for fcll service. Mr. Bryant felt he should be atlowed to continue with the HBO service oniy. Mayor Nee felt that General Television is caught in the middle as it has been the City's view not to permit them to sell H80 service only and this was never permitted under the franchise. He felt the best way to proceed is through the Cable Television Cortmission to see if this matter can be handled so it is consistent viith the franchise. � �� Mr. John Eddy of General Television stated that Mr. 6ryant has surcmed up the .. problem and hoped the Commission could correct this problem. He `elt probably the best way to proceed is with consultation with the Commission in trying to get the matter resolved. j � �� 1 i 1 i i REGULAR MEETING OF JULY 9, 1979 PAGE 2 l�9 . Mr. Bryant also requested a copy of the franchise to be mailed to him. Ne thanked the Council for their time and Councilman Schneider for his advise. Counci7man Schneider advised Mr. Bryant that someone from the Cable Television Comnission would be in contact with him. OLD�BUSINESS: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Comnission and grant Special Use Permit H79-06, confirming the discussions of one and two weeks ago. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslv. MOTION by Councilman Schneider to waive the second reading of this ordinance and adopt it on the second reading and publish. Seconded by Councilwoman Moses. .Councilman Schneider questioned if the stipulations had been agreed upon by the petitianer. Mr. Sobiech, Public Works Director, stated the City has not received a signed statenent� from Mr. Holmer agreeing to the stipulations. Councilman Scheider felt there should be a firm comnitment regarding the stipu- ations, before action is taken on the rezoning and special use permit. MOTION by Councilman Schneider to table the second reading of this ordinance for the rezoning and table the request for the special use permit, until the administration receives a statement from the petitioner�for execution of these stipulations. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mdyor Nee declared the motion carried unanimously. MOTION by Counci7man Fitipatrick to o-raive the second reading of Ordinance No. 694 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion.carried unanimously. NEW BUSINESS: RECEIVING THE PLANNING COMF9ISSION MINUTES OF JUNE 20 1979: APPEALS COMP1ISSION MINUTES OF JUNE 12 1979• No action taken on this item as it is to be considered at the time of . the rezoning. Mr. Sobiech, Public Works Directar, stated this is a request for a variance to allow off-street parking at a residence at 5614 4th Street. He explained the property has been sold and FHA requires on-site parking be provided. Mr. Sobiech stated there was a vacation proceeding in 1964 and by this vacation, access to the rear of the property was eliminated. The Appeals Commission has recommended approval of this variance request. � �� REG�LAR MEETING OF JULY 9, 1979 PAGE 3 �� MOTIqV by Councilwoman �4oses�to concur with�the recor,mendation of the � �.Appeals Com�ission and 9rant the variance to allovf off-street�parking � � in the front yard �f a single famity dwelling in an�R-3 zone at 5614 4th Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of June 20, 1979. Seconded by Councilwoman Moses. Upon �� a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty. CONSIDERATION OF FIRST REAUING OF ay ORDIMAIJCE ESTABLISHIMG NEW CNAPTER 1D7 OF MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Counciiman Barnette. Upon a voice vote, all voting aye, Mayor Wee declared the motion carried unanimously. RECEIVING PETITION IVO. 9-1979 REQUESTIN6 IMPROVEMENT OF GLENCOE STREET AT EAST RIVER ROAD. � MOTION by Councilman Barnette to receive Petition No. 9-1979. Seconded by Louncilman Fitzpatrick. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated the staff has had meetings�with the neigh- borhood regarding their problem and they have also met with personnel in the Crime Prevention Department. He stated a comment was made to the Council to close off the access onto East River Road from Glencoe to lessen the traffic. Mr. Qureshi felt, if the Council wished to proceed in this direction, they should look into a more comprehensive approach regarding traffic patterns for the entire area. He stated because of the lay out of the roadways, it is going t4 be extremely difficult to minimize traffic on alt streets because they are essentially used by local traffic. � Counci7vroman Moses questioned the proposal for the cul-de-sac. Mr. Qureshi stated this was from the petitioners, but he felt the Safety Department would act contrary to this because of getting emergency vehicles in and out of tne area. Mr. Sobiech, Public Works Director, felt there probably should be a hearing to discuss the various pros and cons. Councilman Barnette felt they owe the.residents something and an opportunity to be heard. Mdyor Nee felt it would probabty be best to begin with the Cort¢nunity Develop- ment Commission to review this matter. MOTION by Councilman Fitzpatrick to refer this matter to the staff for a report. Seconded by Councilman Barnette. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF JOINT PURCHASE AGREEMENT WITH COLUP1RiA NFrr,uTC FiRF f1F�IlDTMCMT nnn Councilman Schneider questioned if there were funds available for the purchase �of this equipment. �� Mr. Qureshi, City Manager, stated it was not expressly budgeted in the 1979 budget, but they do have several options where the�money could be used for this purpose. He stated, if the Council wished to approve this purchase, staff would come hack with further information for financing. � MOTION by Councilman Schneider to enter into the joint powers agreement for the purchase of an air compressor and other related equipment. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I I i I � ' REGULAR MEETING OF JULY 9, 1979 PAGE 4 1,U1 Mr. 5obiech, Public Works Director, stated the total cost of the Comnunity Park project, as submitted in the grant, was $277,500. He stated the City has received verbal approval from the Federal 6overnment for this grant and has received State approval of the grant. Mr. So6iech stated the Federa7 Government would pay for 50% of the costs with the State and City each con- ' . tr9buting 25% of the cost> making the City's share> $69,375. Councilvroman�Moses questioned if the agreements were approved this evening, �._j if�the letter would then be forwarded to Mr. Schroer regarding the City's offer for the land. Mr. Sobiech stated the letter wald be fonvarded to Mr. Schroer, but felt it should come from either the Mayor or City Manager, as the draft of the letter is shown as being sent by the Public Works Director. � Mayor Nee pointed out that the City's portion of the grant was budgeted and, at this point, if there are any reservations on the part of the Council to develop the land in the was administration proposes> it should be discussed. Mdyor Nee indicated he had no reservations and C.ouncilman Fitzpatrick indicated he had no reservafions, if the City can obtain the grant and can acquire the land at the price offered to Mr. Schroer. � MOTION by Councilman Barnette to authorize the Mayor and City Manager to execute these agreements for the grant. Seconded by Councilwanan Moses. Upon a voice vote, all voting�aye, Mayor Nee declared the motion carried unanimously. � Councilman Fitzpatrick stated since the letter includes an offer to purchase the land, he question?d if the funds didn't come through,.what the obligation of the City would be. 4' Mr. Herrick stated if the City gets to a point of signing a purchase agreement, they would lase the earnest rtaney. He felt if there is any question whether �.. the State and federal grant money is available, perhaps the letter shouldn't be sent until something is received in writing or the City is given some assurances that the funds are available. Mr. Sobiech stated they have approval and agreement from the State, but as far as Federal approval, it has only been verbal from the Federal� office. Mr. Herrick felt the letter could contain a paragraph to the effect that this offer is contingent upon receipt of funds from the Federal government to which the City has received oral availability, but doesn't have in writing. MOTION by Councilman Fitzpatrick to submit the letter to�Mr. Schroer regarding the offer for purchase of his property, to be executed by the City Manager, and to contain another paragraph to the effect that the offer is contingent upon receipt of funds from the federal government to which the City has received oral availability, but doesn't have in writin9. Seconded by Councilman .Barnette. Upon a voice vote, all voting aye, Mayor Nee dectared the�motion carried unanimously. APPOINTMENT - CITY EPiPLOYEE: � � - �� MOTION by Councilman�Fitzpatrick�to concur with the appointmert# 6y the � City Manager.� Seeonded by Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared the.motion carried unanimously. � ' �� NM1E � _ POSITION - SALARY .�EFfECTIVE DATE REPLACES - �Sally J. Demarais Office Assistant 5712 July 2, 1979 Mary Kuhn. 1669 68th Avenue N.E. Police Department per Fridley, MN 55432 month �o� REGULAR COUNCIL MEETING OF J�LY 9, 1979 PAGE 5 CO��SIDERATION OF �AYCEE REQUEST FOR COMMONS PARK AND REQUEST FOR LICENSE FOR 6EER AND FOOD MOTION by Councilman Schneider to approve the request of the Fridley Jdycees in conjunction with the Women's BB State Soft6a11 Tournament, as outlined in their letter of ,lune 18, 1979 from Neal J. Jenewein. Seconded by Councilwoman Moses. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: � MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the rtation carried unanimously. CLAIMS: MOTION by Council:voman Moses to approve payments of Claims No. 160E12 through 183W06. Seconded by Councilman Barnette. Upon a voice vote,�all voting aye, Mayor Nee declared the motion carried unanimously. ESTiMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Feikema 1250 Builders. Exchange 61dg. Minneapolis, MN 55402 For Legal Services rendered as Prosecutor $2,560.00 Halvorson Construction 4227 - 165th Avenue N.E. Wyomin9, MN 55092 Partial Estimate #6 - Concrete curb and gutter contract . Comstock and Davis, Inc. 1446 County Road ",]" Minneapolis, MN 55432 Partiat Estimate No. 1- Consulting Services for S 8 W Project #127 . Association of Metropolitan Municipalities . 300 Nanover Building �� 480 Cedar Street St. Paul, MN 55101 � Membership dues for the year ISLANDS OF PEACE PROJECT (to 6e paid out of interest money) Fridtey Our Own Hardware 214 Mississippi St. N.E. Fridley, MN 55430 Screws and Fasteners Bethel Marine 21155 Highway 65 N.E. Cedar, MN 55001 Life Jackets (6) Hat (1J Minnegasco 714 2nd Avenue. So. Minneapolis, MN 55402 6as Service Less 20% discount $8,565.00 $7>079.72 $3,023.00 $ 18. 90 E 53. 70 5.95 -11.93 47.72 99.69 i i t_ _ . �I � �I I� -- REGULAR MEETING OF JULY 9, 1979 Ed W11mes 23707 University Avenue N.E. Bethel, MN 55005 Gasoline and auto expenses TOTAL FOR ISLANDS OF PEACE PAGE 6 2�3 - I � 38.95 $ 205.26 I Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. COMh&JNICATIONS: POPHAM HAIK SCHNOBRI01 KAUFAMN F, DOTY LTD. - CLAIM AGAINST ISLANDS OF PEACE FDUNDATION: MOTION by Councilman Fitzpatrick to receive the comnunication dated June S, 1979 from Frederick Bravn, with the above law firm, regarding the claim by the American Improvement Corporation against the Islands of Peace Foundation. Seconded by Councilwoman Moses: Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated this work done by the American Improvement Corporation was not authorized by the City, but by the Islands of Peace Foundation and stated that some of the cost for this improvement has been paid. Mr. Nerrick, City AttornGy, stated if the facts are developed that the City did not authorize the work, the City probably wouldn't be held liabte. He felt, if this matter went to litigation, the City would have a good chance of prevailing. He questioned, however, if there was any moral obligation on the City's part to pay a portion of the claim or come fo some compromise. Mr. Brunsell, City Clerk, pointed out that.there is some interest money that possibly could be used for this purpose. , Councilman Barnette felt the City should deal with the Foundation's Treasurer, Mr. Lanyenfeld, to o6tain information from them regarding the claim. M�yor Nee felt this matter should be referred to the Islands of Peace for a proposal froin them on how this should be handled. MOTION 6y Councilman Fitzpatrick to direct the administration to contact the Islands of Peace regarding this claim and for the Istands of Peace to come back with a proposal. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�usly. MOTIDN by Countilman Fitzpatrick to receive the communication from Bruce Nedegaard dated June 25, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, pointed out that the trial with Hedlund regardin9 40 foot lots is scheduled for July 26 or 27 and felt the City should maintain their present position until after this trial. . Councilman�Fitzpatrick felt the Council does have the recommendati�on from the City Attorney not to act before.the case coming to trial is disposed of, however, he indicated he didn't feel the extra two feet wouid change anything. MOTION by Cnuncilman Schneider to receive�the letter form Mr�. Bob Bryant and refer it Lo the Cable Television Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � r��i� ��; �111'3�1i�i4[il3i FRIDLEY CITV COUNC I L � REGULAR P1EETI(JG — JULY �, 1�79 - 7:3Q �,P1,• DEPARTMENT NEADS FOLLOYJING ARC TIiE '�ACTIONS i�EEDED"� PLE/1SE HAVE YOUR ANSWERS 13ACK IN THE CITY ��FlNAG[R�S UFFICE BY THE I�EDNESDI�Y BEFORE TH[ N[XT REGULAR COUNCIL M[ETING, TIIANK YOU� �Li.i� /9, /y�q rr a APPROVAL UF f�iIP�UTES; REGULAR I�iEETING, �UNE l�, 19�9 Approved �llUrTIGIG GF AGEfdDN: Added: Letter from Mr. Bob Bryant regarding Cable TV Service OPEf�� FORUf°1, VISITORS: �CONSID[RATION OF ITEMS NOT ON AGfNDA — IS MINUTES) RECEIVING LETTER FROP1 MR. BOB BRYAf�T REGARDING CABLE TV SERVICE. Mr. Bryant was present at tlie meeting. Communication was received and referred to Cable TV Commission ACTION NEEDED: Forward communication to Cable TV Commission for their. appropriate action 0 . OLD BUSINESS: � CONSI➢ERATION OF REQUEST FOR SPECIAL USE PERMIT, SF� ir% �J-�E, BY POBERT �ARLSON, 161 —�ZND �"+AY �TABLEil FROM �UNE �`�, 1979) , , , , , , , , , , , , , , l - 1F Approved PUBLIC WORK ACTIOfd f�EEDED: Inform applicant of Council approval CONSIUERATION OF ZND READING OF ORDINANCE TO AMEND CITY.0017E OF CITY OF FRIDLEY — REZONTNG ZOA �;�]9—Gi, • THE LIFT—SKI AND BIKE, INC� . � � , , , •, , , , ,, , , Z — ZF AND . COIvSIDERATION OF SPECIAL USE PERMIT, SP i JS'—O5, �G�15 HIGHWAY N0. 65) Items tabled until petitioner agrees with proposed stipulations ACTION fVEE�ED: Inform petitioner of Council action and bring back for Council consideration upon agreement. � � OLll B�SINESS: i�ONTINUED) CONSIDERATION OF ZND READING OF ORDINANCE UNDER �� SECTION I�,O% OF THE CITY CHARTER TO VACATE STREETS AN� ALLEYS,- I�ATHRYN GERARD, SP�V ��r-Oi �ALLEY BETWEEN �HTH AND 4�TH AVENUES AND ZhD AND Z� STREETS; BLOCK �, PLYMOUTH ADDITION)� � � � � � � � � � � � � . � Ordinance #694 Adopted , CITY MANAGE ACTION tdEEDED: Publish ordinance in Fridley Sun � NE4� BUSI NESS ; e �iECIVING THE F�LANNING COMMISSION P'�1NUTES OF �UNE ZO, 1979 , , , , , , , , , , , , , , , , , , , . 4 - 4D� A. Appeals Commission Minutes of June 12, 1979 1. Request for variance to reduce building setback and reduce parking setback, by The Graves Company � for office building (5701 University Ave.) • . . . . . 4L-4R & A.C. Recommendation: Approve variances as listed 466 Council Action Required: Table to consider at time of rezoning. , Tabled. To be'considered at time of rezoning • ACTION PJEEDED: Put back on agenda at time rezoning is considered 2. Request for variance to allow off-street parking in front yard of single family dwelling in R-3 zoning, by Gregory Videen (5614 - 4tti Street)• • • . . . . . .4T-4AA & A.C. Recommendation: Approval of request 4CC - 4DD Council action required: Consideration of recommendation Councurred with Appeals recommendation and approved ACTION fJEEDED: Inform applicant of Council approval � , P�EW BUSINESS; �CONTINUED) 0 CONSIDERATION OF APJ GRDINANCE ESTABLTSHING � ivEW CHAPTER IO� OF THE FRIDLEY CITY CODE ENTITLED FIRE LEPARTP'iENT AND P,EPEATING PRIOR �HAPTER 1�% EPJTITLED FIRE �EPARTPSEPIT , , � � � � . 5 - 5B Ordinance approved on first reading FIRE DEPT. ACTION NEEDED: Put ordinance on next regular agenda for consideration of second reading 0 RECEIVING FETITION rr0, .�i—�5%5 REQUESTING INPROVEMENT OF CLENCOE STREET AT EAST ��IVER i�OAD , , ; , , , , , ,�j'- 6.0 Petition received and referred to staff to report IC WORK ACTIOW NEEDED: Report�back to City Council with recorrmiended actiori. 0 �VEW �iUSINESS; �CONTINUED) 0 APPROVAL OF �OINT �URCHASE IiGREEMENT WITH COLUh1B,IA ' fiEIGHTS FIRE �EPARTf�ENi AND SPRING LAKE PARK . FIRE DEPARTt�IE�T IN CO—OPEP.ATION FOR AN HIR COf1PRESSOR: ,,]—]$ Agreement approved. 5taff to advise Council where funds will be taken from. FIRE DEPT. ACTION f�EEDED: Execute Purchase Agreement. APPROVAL OF AGREEMENTS WITH STATE APiD FEDERAL LA6VCON GkANTS AND fiIDS FUR CONiMUNITY FARK COP1PLEX, AND t1AKING OFFER TO PURCHASE LAN� SUBJECT TO MONIES FRQM THE GRANT, ,'b — oF Approved agreements. City Pianager to forward letter to Bob Schroer regarding offer on property> and add paragraph to letter regarding federal grant. PUBLIC WORK ACTIOPJ NEEDED: Amend letter as directed and forward. .Execute agreements kPPGIf�T�E�rT - CITY E�'iPLGYEE , , , , ; ,, , , , , , , , , � Appointment of Sa11y DemaraiS, Office Assistant in Police Dept. approved CITY MANAGE ACTION NEEDED: Forward Personnel Action Form to Accounting CONSIDEfiATiION.OF �AYCEE REC�UEST FOR COMMONS PARK RND I�E�UEST FOR LICENSE FOR BEER AND FOOD. ., r,,, �.� . � Approved FINANCE: ACTION NEEDED: Inform Jaycees of Council approval of .licenses LICENSES: � � � � � � . � � � � � � � . . � � � � . � 1� — �IC Approved ACTION NEEDED: Issue licenses � ' FINAIJCE FINANCE fINANCE ; �vEW bUSINESS: �CONTINUED) �• �LAIMS: � � � � � � � � � � � � � , .� � � � � � � � � � �.2 Approved � � ACTION PIEEDED: Pay claims . ESTI MATES : � . � � � ..� , . . � � � , � � � � � � � � . � � 13 — l�� Approved � ACTION NEEDED: Pay estimates CGFI(iliN I CAT I Oi�rS : � POPHAPI, HAIK, SCHNOBRICH, KAUF�1AN & DOTY, LTD�: CLAINt AGAINST ISLANDS OF PEACE FOUNDATION: ,,,,,,, 14 - j1;� Administration to contact Islan�ls of Peace for proposal on how this can be handled. ACTION WEEDED: Contact Foundation for appropriate action � �rEDEGAARD CONSTRUCTION COMPANY INC: /�PPROVAL TO �UILD P�fW HOUSE ON A 4� FT, � �OT AT 4526 - 2Nn $TREET� , , , , , , , , , , , , , , , 15 Communication received NO ACTION �dEEDED ' � , 9:00 P.M. 0 FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN NAME annaFCc DATE: Julv 9. 1979 1TFM h111MRCD _====�o�v=o�___________ ____________________ �• ----------- - a ------------------------------=-=----------------------------------- --------------------- ----------- � � oZ d`�' 7 7') � l�i/�� - ^�. �� =�—� -- ��7 it'; W�-G-�;,-°��,,.��.e.�.,... 5�if -z '' �/ 5�'v ��i �/'`�► y - � " � ,5�{ a � � � � �F N � . � "��-u /� z z C�a�1Z S'�` Sf/-�zc-e� – 0 o� sust�ESS: m CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP ir% y—�Fi, BY �OBERT CARLSON, 161 —�ZND PiAY �TABLEil FROM �UNE 18, 1979) , , , , , , , , , , , , , , 1 - 1F CONSILERATION OF ZND READING OF ORDINANCE TO AMEND �ITY �ODE OF �ITY OF FRIDLEY — REZONING Z�A �79-Ci, � THE LIFT—SKI AND BIKE, INC� � . � � � � •� � � � �� Z ' 2F AND � COtVSIDERATION OF SPECIAL USE PERMIT, $P ��5—O'S, �E�I�J HIGHWAY PJO� �5) a ULll B�SINESS: �CONTINUED) CONSIDERATION OF ZND READING OF CRDINANCE UNDER �� SECTION 11.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS. —�ATHRYN GERARD, SFlV #`%�—Oi i�LLEY BETWEEN �STH AND ��TH AVENUES AND ZND AND Z� STREETS; BLOCK �, PLYMOUTH ADDITION)� . � � � , � � � . � � � � > NEW BUSINESS: m RECIVING THE PLANNING COMMISSION ��1NUTES OF .�UNE ZO� 1979 , , , , , , , , , , , , , , , , , , , � 4 - 4DD A. Appeals Corunission Minutes of Jane 12, 1979 1. Request for variance to reduce building setback and reduce parking setback, by The Graves Company . � for office building (5701 University Ave.) . . . . . . 4L-4R & A.C. Recommendation: Approve variances as listed 466 Council Action Required: Table to consider at time � of rezoning. , 2. Request for variance to allow off-street parking in front yard of single family dwelling in R-3 zoning, by Gregory Uideen (5614 - 4tli Street)• • . . . . . . .4T-4AA & A.C. Recommendation: Approval of request 4CC - 4DD Council action required: Consideration of recornmendation 0 PVEW BUSINESS: iCONTINUED) CONSIDERATION OF Ald GRDINANCE ESTABLSSHING ivEW CHAPTER 1�� OF THE FRIDLEY CITY CODE ENTITLED FIRE LEPART�EiVT AND P,EPEATING PRIOR �HAPTER I�I EP�TITLED FIRE iIEPART��EPlT ,,��, 5- 5� i(ECEIVING PETITION fr0, �-1979 REQUESTING IMPROVEMENT OF CLENCOE STREET AT EAST RIVER RQAD , , ; , , , , , ��j'°_ �� P�EW �USINESS: ECONTINUED) APPROVAL OF .JOINT PURCHASE IiGREENENT WITH COLUt4B.IA � HEIGHTS FIRE UEPARTN'�ENT AND SPRINC LAKE FARK . FIRE 11EPARTt�IENT IN CO-OPEP.ATION FOR AN F�IR COPiPRESSOR: ,,]- J$ APPROVAL OF AGREEMENTS WITH $TATE AND FEDERAL LAWCON GKANTS AND hIDS FUR COT•iMUNITY FARK COh9PLEX, AND MAKIN6 OFFER TO PU.RCHASE LAN� SUBJECT TO MONIES FRQM THE GRANT, , H- aF F►PPGINTf�iEf�T - CITY EFiPLOYEE . � . , r �. � . � � �� , � � , g' CONSIDEf2RTiI0N..OF �AYCEE REQUEST FOR COMI,ONS PARK AND REQUEST FOR LICENSE FOR BEER AND FOOD, ,, r,,, ].� . , , , , . . , , . . 11 - 11C e � I P�EW t�USINESS; �CONTINUED) �� LAIMS: � � ', . � . . � � � . . � , •� � � � � � � �. � � 12 ESTIMATES:• � � � � � � � � � � � � � . � � � � � � . .. . 13 =.13C COi'1r �liN I CAT IOi�S : , POPHAPI, HAIK, SCHNOBRICH, KAUF�9AN & DOTY, LTD�: CLAIM AGAINST ISLANDS OF PEACE FOUNDATION: ,,,,,,, 14 - iLtG IVEDEGAARD CONSTRUCTION COMPANY INC: APPROVAL TO BUILD WEW I�OUSE ON A 4u FT, • LOT AT �526 - ZND $TREET� , , , , , , , , , , , , , , , �5 Rfv : ' 1H5 THE MINUTES OF TNE REGULAR MEETING OF THE FRIDLEY CITY CDUNCIL OF JUNE 18, 1979 The Regular Meeting of the Fridley City Council was catled to order at 7:35 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: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwanan Moses and Councilman Fitzpatrick Members Absent: None APPROVAL OF MINUTES: RE6ULAR MEETING, JUNE 4 1979• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the rtation carried unanimously. ADOPTION OF AGENDA• Mdyor Nee requested the addition of the follaving item: Consideration of Resolution Concurring With Comments of MPCA in Regard to proposed noise emission standards for transportation Equipment; Interstate Rail Carriers: MOTION 6y Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • OPEN FORUM, VISITORS: Mr. Tom Myhra, 6360 Able Street, came forward and stated that he was Chairman of the Independent Republican Party of Fridley. He understood that Councii had accepted a grant for a building through the Metropolitan Council. He asked Sf Council had passed that on the presumption that the Spring Brook Foundation would be given another lease ia January? M�yor Nee stated that they had no knowiedge of that as yet. Mr. N1yhra asked if, in the event they did not ask for a renewed lease, would the City be prepared to pick up the co�ts of maintaining and operating that building? Mayor Nee stated that if the Foundation failed to do it, the City would have to do it. Mr. F(yhra stated that he understood that City tax monies would not be spent �- to maintain and operate the North Park Center. He asked Councilman Sch�eider's opinion on this. Councilman Schneider stated .that.if.tpe Foundation were unable to maintain the building, the alternatives would have to be reviewed. Mr. Myhra asked Councilwoman Moses for her opinion. . . . �� (-' ... . Counciiwornan hloses stated that it was her understanding that the �pring Brook i-�Nature Center, in good faith, would be maintaining the building. In the event thGy coutd not, other alternatives would be looked at. One option would be to sell it, and the bottom line and final option would be for the City to take care of it. i � �� REGULAR LOUNCIL MEETING, JUNE 18> 1979 Mr. Myhra asked Councilman Fitzpatrick's opinion. PAGE 2 Councilman Fitzpatrick stated when the City owns a 124 acre tract, ultimately there is the possibility that the City would have to pay the operating costs. He felt there were other options, but he felt that at some point in time, he would be prepared to continue the costs of operation. Mr. tqyhra asked Councilman Schneider if he wished to rephrase his answer? Councilman Schneider stated that his answer was the same, he would have to see the other alternatives. PUBLIC HEARIN6S: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriedunanimously and the public hearing opened at 7:45 P.M. Mr. Sobiech, Public Works Director, stated that this was a rezoning request for a parcel of property located in the northeast quadrant of 63rd Avenue and Highway No. 65. Lots 9 and 10 are presently zoned C-i and Lot 11 is zoned CR-1. At the present time, the Lift-Ski and Bike Shop exists there. The intention of the petitioner is to rezone the property to C-2 which would permit a garden center operation in the surmer time. tAr. Sobiech pointed out that with the rezoning request, underfinal consideration of the rezoning�request, which would be at tiie .. �ext Council meettng, the Council would also consider at that time a request for a Special Use Permit which would involve specifically the garden center aperation. The Planning Commission had a public hearing at their meeting of Mdy 9> 1979, and recomnended to Council approval with stipulations. The stipuiation is for a landscape plan and a schedule over a three year time period be filed which would indicate further improvements of the property. There are certain improvements such as fencing, blacktopping, concrete curb and gutters, parking, etc. Councilman Schneider asked Scott Holmer,.the petitioner, if he planned to put the feoce on the north side of Lot 11 in imnediately. - Councilman Schneider stated that the concern that was raised at the Planning Comnission was from the owner of the apartment building. There is a lot of cross-traffic and de6ris there. Ne understood that was why the Planning Commission had put in a stipulation for a fence. Mr. Sobiech stated that the stip�lation was that a fence be added to the north sSde of Lot 11. In regards to screening> there is existing fencing on the east side of the property between the Lift and the single family residences. Councilman Schneider stated that he felt it should be fenced betause it would be upgrading of the zone and if Mr. Holmer ever decided to setl the property, he would be more comfortable with it fenced. Councilmam 5chneider stated that he realized it was not Mr. Holmer's intention to sell. Idr. Holmer stated that he was at a low cash ftow until October or November. He would like to keep the property cleaner, and the trash was comin9 onto his property from the north side, so he would like to do something there. -Mr. Sobiech stated that Staff could work out a schedule with F1r. Holmer before tM s item was returned to Council for a second reading. �. There were no comnents from the audience regarding this item. MOT10N by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the pubtic hearin9 closed at 7:55 P.M. � 187 � REGULAR MEETING OF JUNE 18, 1979 � PAGE�3 PUBLIC HEARING ON ALLEY VACATION, SAV #79-01 KATHRYN GERARD BETWEEN 48TH AND 49TH AVENUE N.E. & 2N0 STREET AND 2; STREET N.E. MOTION by Councilman Fitzpatrick to waive reading of the public notice and open the hearing. Seconded by Councilwoman Moses. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:56 P.14. Mr. Sobiech stated that this was a petition to vacate the alley located in Block 3 of Lhe Plymouth Addition lying between 48th and 49th Avenues and 2nd Street and 2', Street N.E. The City received a petition signed by all the residents along the atley with the excepti�on of one, which is a rental unit. There were no objections and no objections were voiced at the Planning Canmission public hearing. The Ptanning Commission held a public hearing on May 9, 1979, and recomnended approval with the stipulation that appropriate drainage and utility easements be maintained for NSP power poles that exist there. Kathryn Gerard was present at this meeting but had no comments. Mr. Sobiech stated that there the ailey was not used for access and all the garages had access from the streets. He noted that it has been City policy in the past to release ownership af these alleys. Councilman Fitzpatrick stated that everyone has agreed to this with the exception of the person who rents there and that person made no objection. Also, We have the recortmendation of the Planning Commission. Therefore, he would have no reservations concerning this. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, ail voting aye, Mayor Nee declared the public hearing closed at 8:00 P.M. NEW BUSINESS: � CONSIDERATION OF 15T READING OF ORDINANCE TO AMEND CITY CODE OF CITY OF FRIDLEY - REZONING ZOA k79-01, THE LIFT-SKI AN� BIKE, INC • I�ayor Nee stated that if there was no objection to acting on this now, a motion would be in order. MOTION.by Councilman Fitzpatrick to concur with the Ptanning Commission'S recommendation for approval and approve the lst reading of vacation ordinance under Section 12.07 of City Charter. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSI�ERATION OF VARIANCE REQUEST BY GREAT El(PECTATIONS 765 - 53RD AVENUE� Mr. Sobiech stated that they had an official request ar.d statement withdrawing the request for variance from Great Expectations. RECEIVE THE PLANNING COMMISSION MINUTES OF JUNE 6 1979: REQUEST FOR SPECIAL USE PERMIT SP q79-06 BY ROBERT CARLSON 161 - 6PND WAY: Mr. Sobiech stated that this was a request for a Special Use Permit to allow construction of a second accessory buildirig at i61 - 62nd Way. At their . meeting of June 6, 1979, the Planning Commission had a public hearing on this matter and recomnended to Council approval with certain stiputations. The stipulations state that '.he construction be not less than 20 feet rather than 19 feet from the adjacent.property owner to the west of the proposed site location and also it was stipulated that it be compatible with the existin9 neighborhood and his home, indicating that the proposed structure be surfaced 188 - RE6ULAR MEETING OF JUNE 18, 1979 PAGE 4 to match his existing dwel7ing. The third stipulation was that no home occupation be allowed. As noted in the Ptanning Commission public hearing> it is the intent of the petitioner to utilize the second accessory building for storage of materials. There was discussion relative to future use of the second accessory buildiny for a 9arage. There is space between the existing dwelling and the property line which would allow a driveway to that seco�d accessory building in the future. Mr. Sobiech stated that even thou9h there were no objections noted at the Planning Commission hearing, it was comnented that there were some residents who fett uncomforta6le with the proposed second accessory building. Mr. Theodore Burandt, 6211 Riverview Terrace N.E.> came forward and stated that he is an adjacent property owner and that he is one of three people who ��-�� . object to the second accessory building. The other two people who object wish to remain anonymous. He stated that initially, he had no reservations, however, he did feel that there was adequate room for the garage to be added to the structure. He felt that from a real estate resale value, it would be better attached, rather than in the middle of the yard. If helps that it would sit 20 feet away, but felt�that since the yards vrere small, placing it in the middle of the yard was not a good idea. Mr. Burandt stati•d that his house is immediately to the west o�F Mr. Carlson's house. Mr. Sobiech showed Council an aerial view of the location and stated that the petitioner's property was about 180 feet deep. Mr. Burandt lives to the west and has the minimum 25 foot setvack on his house. Mr. Burandt was indicating that the proposed structure would 6e in the rear of the yard. Mr. Burandt felt there would be room for a 16 x 22 just west of the existing structure, and could 6e tied in with the existing garage. . Councilr+oman�MOSes asked if it were set back the maximum amount it could be? Mr. Sobiech stated that it would be approximately.78 feet from the rear lot line> and offset towards the center of Mr. Carlson's property. � Councilwoman Moses asked Mr. Burandt if it vrould help if the proposed structure were set back further? � Mr. Burandt stated that would not make much difference because his whole back yard is adjacent to Mr. Carlson's rear yard. Mr. Carlson stated that before he petitioned for this, he went around to each neighbor who bordered his property and explained what he wanted to do. There were no objections. He stated that he and�Mr. Burandt had paced off the area where the structure would go and Mr. Burandt did not have any comments. Mr. Burandt stated that he had suggested to Mr. Carlson at that time that the structure should be added on to the existing garage. He stated that at that time he did not realty have ar�y objection, but after thinking about it, he would object. Mr. Carlson noted that Mr. Burandt has a 6 foot hedge. He stated that he intended to build the garage in accordance with the rest of the property and it would add to the looks of the property. He ltad indicated at the Planning Commission meeti�ng that he planned to put in an inner court which would tie it all to9ether. Councilman Fitzpatrick stated that he would guess that if these objections had come out at the Planning Commission meeting it would have helped. He asked Mr. Carlson if he had considered attaching the proposed structure to the existing gara9e? Mr. Carlson stated that because of the way the-land slopes on the west side � and because of his nei;;h6or's hedge, it would be more of a problem to.put it there.� He stated that he was not concerned about the resale value, that he plans on st�ying there and using it for storage. . Councilman Fitzpatrick asked Mr. Carlson if he had any reservations in view of the fact that his neighbor was now.objecting? Mr. Carlson stated that he wished he had objected before this. REGULAR MEETING ON dUNE 18, 1979 1�9 PAGE 5 Councilman Barnette asked Mr. Carlson if the neighbor to the east had aRy objectionsl Mr. Carlson stated he did not and that neighbor had a shed also. Councilman Barnette stated that the objections shoutd have been voiced at � the Ptanning Comnission's public hearing. He felt that Mr. Carlson had followed the correct procedure and should be allowed to proceed with his project. Councitwoman Moses asked if it would help if the building were farther back on the property? Mr, Burandt stated that he felt the other people would object to that. He felt the most logical solution would be for Mr. Carlson to attach the structure. �He stated that this was developing inio a neighborhood feud, and that way why the other two peopte wish to remain anonymous. Councilman Schneider stated that he had difficulty with people objecting anony- mously. People have every right to object, but it was not ri�ght to do it anonymously. Councilman Barnette stated that he agreed and respected Mr. Burandt for coming forward. He felt that it took courage for Mr. Burandt to come foreward, but was still in favor of Mr. Carlson. Mr. Carlson stated that thzre is a large tree to the west of the proposed site and also a large pulm tree to the southwest of the proposed site. He did not want to have to remove those trees. He also planned on an inner court 6etween the house and the garage. Councilman Fitzpatrick stated that in view of the unanirtrous decision of the Planning Commission and even though he sympathizes with Mr. Burandt, he would like to make a motion. . � MOTION by Councilman Fitzpatrick to concur with the Planning Commission's recommendation for approval of Special Use Permit, SP H79-06 - 161 - 62nd Way. Seconded 6y Councilman Barnette. Mayor Nee asked if there was any way to work out a compromisel Councilman Fitzpatrick stated that the only conpromise he could see was for Mr. Carlson to attach the structure to the west and Mr. Carlson gave the reasons why he did not want to do that. . Mr. Burandt stated there was an 18 inch drop there that would require o�e load of fi17 to take care of that problem. Mayro Nee stated that since the fellow to the east didn't object, maybe he could put it further east. Councilman Fitzpatrick stated that the minutes of the Planning Commission explained why it could not go further east. Mr. Carlson stated _that the reason he chose this particular location was because he was tying it in with the patio and the entrance to the patio wouid be on the west end of the building, o{f the sun porch. If he put it to the � east it would be in front of his dining room window. �, Councitman Fitzpatrick stated that in approving this request, they would not be approving a specific location. Mr. So6iech stated that the Specia7 Use Permit is to allow the construction of . a second accessory building. The location on the property should fall within the code requirements. Normally, we attempt to review the concerns of the neigh6ors and certain locations are picked out because they have minimal impact. So a Special Use Permit is usually approved with a plan in mind. �� REGULAR MEE7IN6 OF JUNE 18, 1979 PA6E 6 Mr. Herrick stated that if a Special Use Permit were issued with a limitation on the location> Councilman Fitzpatrick's statement would be correct. He stated that Council has the alternative of issuing a Special Use Permit and specifying a location. Mr. Herrick stated that an alternative would 6e to return this to the Planning Comnission. Councilman Schneider stated that he would like to see the property. He didn't look at it prior to this meeting because there were no objections at the Planning Corcanission publie hearin9. � M�vor Nee stated that one week would solve his problem and give him a chance to look at the property. Councilman Fitzpatrick stated that with the permission of Councilman Barnette who seconded the motion, he would withdraw his motion and make a-motion to �continue this for one week. _ , Councilman Barnette stated that one week would be satisfactory, but would hope it would not be any longer than that. He felt that Mr. Carlson had done everything he was supposed to do and had taken vacation time to do�this and it would not be fair to Mr. Carlson to put it off any longer than one week. Councilman Fitzpatrick stated there was a conference meeting next week and � asked if they could take action at that meeting? Mr. Qureshi stated that Council could look at it and give Staff the authority i ' to do what Council decides. �Mayor Nee stated that if they reach an agreement next Monday night, Staff '� could issue the Special Use Permit and Council could confirm it on July 9th. �� If they don't agree, it would have to come back to the Ju1Y 9th meeting. �, Councilman Barnette asked that the people who have objections be at the .. I meeting next Ftonday night. He suggested they be notified. �, Councilman Fitrpatrick stated that he would make a motion to continue this � until next P4onday ni9ht> but pointed out that there was a motion on the floor and asked if tbe seconder agreed to withdraw it? I; Mayor Nee stated that they didn't have to withdraw that motion now. �, MOTION by Councilman Fitzpatrick to continue consideration of the request for '� Special Use Permit, SP k79-06, by Robert Carlson, 151 - 62nd Way, for one �. week and if no agreement is reached at next week's meeting, a final decision will bc made on July 9th. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '�.. Mr. Herrick stated that in reading the Plpnning Commission minutes regarding the philosophy and requirements of a Special Use Permit> he found a statement , that troubled him. That statement was that the City has granted Special Use . Permits because they were threatened with a law suit. He didn't recall that j they had done that, in fiact they had been to court several times when they have , denied one and were sued. The Planning Comnission and Council should be aware that when a Special Use Permit is denied, the burden ef establishin9 why �.. they are denied� is on the City. They have not granted one because of a threat , to sue. On occasions, he has recommended�they grant one when they did not have arly valid reasons for refusing to grant one. As long as the Planning Commission ,I ��.. and Council realize that, he did not feel they wouid have arly problems. But ,I , that statement�bothered hi:��. � j Councilwoman Moses asked if a valid reasur� for denying a Speciai Use Permit � would be devaluing someone else's property. � Mr. Herrick stated it would but that would have to be proved. REGULAR MEETING OF �UNE 18, 1979 PAGE 7 1�1 Councilwoman Moses asked if they would want someone more knowledgeable like an appraiser to Took at sanething like that? ownereand�thetobjectortshou d�stateatheir�reasons andeif there wasPa�Pealy question they could have a reat estate person who was disinterested look at it and give an opinion. But normally they would not have to do that. VACATION REQUEST SAV N79-03 BY THE CITY OF FRI�.EY 59TH ANO 60TH AVENUES �eiwttN 2� AhD 3RD STREETS Mr. Sobiech stated that Planning Comnission made a motion that a meeting be set to discuss this matter. He asked if Council would be interested in that meeting? He stated that the owner of the apartment building would be living there soon, about the last week of June. He suggested they wait until the owner has moved in and p�an a meeting on the site with the neighbors involved and with the owner of the other apartment building who lives in the metropolitan area. Councilman Fitzpatrick asked Ms. Gable if that timing would be acceptable. Ms. Gabel stated that she had two complaints this evening before coming to . the meeting. Councilman Fitzpatrick stated that he had read the minutes and agreed they had�talked about this enough, but the proposal was to talk once more. He vrould have no objection to that meeting. MOTION by Councilman Fitzpatrick to concur with the Planning Commission's recomendation that a meeting be held. Seconded by Councilman Schneider. Councilman Schneider stated that he would like to attend that meeting and asked that he be notified. Mayor Nee stated that the motion was to have a�special meeting. I llpon a voice�vote, all voting aye, Mayor Nee declared the motion carried I unanimously. i MOTION by Councilman Schneider to receive the Planning Commission minutes � nf June 6, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, i rall voting aye, Mayor Nee declared the motion carried unanimously. � RECEIVE THE CABLE COMI9ISSION MINUTES OF JUNE 5, 1979: ; �� MOTION by Councilman Schneider to receive the Cable Television Commission ! minutes of June 5, 1979. Seconced 6y Counci7woman Moses. Upon a voice + vote, all voting aye, Mayor IJee declared the motion carried unanimously. GONSIDERATION Of PAINTING OF HOUSE NUMBERS 01•7 CURBS, K. STEVEN RICE: ; �Mr. Sobiech stated this was a request to allow or permit house number I � painti�ng on curbing. This has been done several times in the past and has ! aided our emergency services�such as police and fire. Mr. Sobiech gave I , Council copies of notices similar to the notices Mr. Rice would be passing I out. �Mr. Rice is currently working in Edina. ,, Mr. Rice stated thzt Council was given two exampies of the notices he passes I ; . out. One example was the original version of the notice he generally :� � passes out and the other is a revised notice that specifically states that clearebecause there�weretsome minortcomplaints from somee�residents.thHe I �,� � �explained that the way he works is to pass out the leaflets and wait one I or two days in order to give the people who don't want it a chance to call, � ,� , then he would paint tbe numbers on the curbs and then would collect. The I . collection is termed a donation with an estimated value of $3.00. From ��. experience, the majority of the people will pay the $3.00, some wi11 give I $1.00 and some wi11 pay $5.00. By stating that they don't have to pay, people don't feel forced into-it. Regarding the benefits, they are reflective numbers that show up at night and are a help to City services I and private citizens. He was not�sure how�the winter would effect the numbers because he never did this in ihis kind of climate before. His previous � experience with this was in San Die90 and Arizona. i REGULAR MEETING OF JUNE 18, 1979 PAGE 8 19? . Councilwanan Moses stated that then the City wouid pay nothing and Mr. Rice would do all the collecting> etc. All he needs is permission. Mr. Rice stated that was correct. He stated that he lives in Isanti and Edina is further aw�y from him than Fridley so it would be more economical for him to work in Fridley. Councilman Schneider stated that the notice indicated that people should send it back if they don't want it. He asked why they couldn't ask people if they want it. Mr. Rice stated that depended on the process he used. This way seems ...... to work best for him. The majority of the people like it. �Mr. Sobiech asked Mr. Rice what kind of complaints he received. �- Mr. Rice stated that some of them were that the people didn't ask for it, they didn't like the looks of it�, it creates a bad effect with the biack and white numbers going down the street and some people didn't want to be the same as everyone else. Mayor Nee stated that this was done in the past in Fridley and he didn't recall any complaints. Mr. Herrick stated that he understood that the police and fire departments said it was helpful. He wasn't sure how long the numbers lasted. � Mr. Sobiech stated this was done in 1970, 1974, and 1976. and seem to last two to four years. Councilman Schneider asked Mr. Rice if he could give people a week to respond to the notice. - Mr. Rice stated that most people resond within the firsC day. If Council wanted him to 9'ive people a week, he would, but it would be easier for him to continue as he has in the past which would he to give Feople only one or two days. Councilwoman Moses stated that if people are on vacation or simply don't see the notice the first two days, �t would be better if they had a week. She asked if five days would be too many? Mr. Rice stated that would make it more difficult. Mr. Qureshi stated that he felt there was some value to having numbers on the curbs but also had several concerns. His first concern was that they were using implied consent by the City and secondly, if the numbers are painted, some people would feel obligated to pay for it. Councilman Schneider a9reed and stated that he had no problem withthe request except that if someone is on vacation and comes home to find the numbers painted they might resent it that someone invaded their privacy. Councilman Fitzpatrick stated that he didn't agree with Mr. Qureshi's statement about implied consent. The notice made it quite clear that this was a private enterprise. Councilman Barnette stated that if it was done before and nobody objected, it didn't seem likely they would object now. Mr. Herrick stated that he didn't recall any objections. MOTION by Councilman Barnette to approve the request to paint house numbers on curbs with the stipulation that Mr. Rice distribute the notices, 9iving people three days to respond, paint the numbers and make collection. Also, the notice must be approved by City Staff and the whole City will have the opportunity to receive the service in order to make it uniform. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor� Nee declared the motion carried unanimously. REGULAR MEETING OF JUNE 1&, 1979 PAGE 9 193 Mr. Sobiech stated they received a notice from the Environmental Protection I Agency (EPA) and also concern from Covnciiman Schneider regarding certain � proposed noise rules and regulations from the EPA regulating railroad � properties. The Minnesota Pollution control Ngency (P1PCA) has reviewed the i proposed regulations in detail and gave them a copy of the draft they propose to give to the EPA. Generally, they are saying that they don't feel i the EPA even has the authority to propose these rules and regulations as far � � as health standards. Secondly, one of their main concerns was that � there is Z4 hour monitoring of these facilities which could over tax I staffing and local resources. The necessary equipment involves certain com- � puter type programming and quite sophisticated equipment which the MPCA ' comments that they don't even know if it exists. If it does it would be ratfier � costly. Their other cortrrent was that the noise standards that are being proposed ' are not as restrictive as existing State and Local standards. The MPCA feels that the local jurisdictions, perhaps the State, would be better able to monitor and � propose certain ordinances which would regulate the health standards of their own � cortmunities. The also drafted a letter which they wi11 forward to the EPA in- dicating their concerns. We feel genera7ly that the standards do not henefit the community and perhaps might in the long run prove detremental. He stated �� they have proposed an action similar to what they understand Minneapolis is � going to do . They are going to indicate their concern for the proposed ruTes and regulations and urge the EPA to take into account the cormients from the MPCA. Councilman Schneider asked who they would send the resolutions to? Mr. Sobiech stated they would send iC to same docket number and railroad commission � that is on the MPCA comments. Mr. Herrick stated that he understood that the noise regulation discussion will be before the MPCA at their next meetin9. He stated he would take their input to that meeting. Mr. Sobiech stated there was a July 2nd deadline on receiving input. MOTION by Councilman Schneider to adopt Resolution No. 89-1979. Seconded by Councilman Fitzpatrick. Councilman Schneider stated that it was his understandino that the EPA is proposing some regulations which would circumvent the local and State regulations regardin9 noise levels that are allowable in railroad yards.� And further, it would require some significant different types of ineasuring ;vhich would establish a higher ratio of noise levels. Mr. Qureshi stated that when the railroad yard was expanded in Fridley, they put quite stringent requirements on it and this has worked rather well. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously, RECEIVING BI�S AND AWARDING CONTRACT FOR SAfdITARY SEWER, WATER AND STORM SEWER PROJECT N0. 127�� MOTION by Councilman Schneider to receive the bids for Sanitary Sewer, Water and Storm Sewer Project No. 127. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� Mr. Sobiech stated that the low bidder, Kenko, Inc. had bid $360,568.02. He stated that Kenko had performed in Fridley before and their work was satisfactory, He would recommend they be awarded the contract. MOTION by Councilman Schneider to award the bid to the low bidder, Kenko Inc. �in the amount of the base price bid of �360,565.02. Seconded by Councilman Fitz9erald. Upon a voice vote, all voting aye, Mayor Nee declared the motion , carried unanimously, � ��)/� REGULAR MEETING OF JUNE 18, 1979 Kenko, Inc. 8D5 Centrai Avenue N.E. E360,568.02 Minneapolis, MN Northdale Construction, Inc. . 9755 - 89th Avenue No. $379,430.45 Osseo, MN 55639 C. 5. McCrossan> Inc. Box AD $386>171.50 Osseo; MN 55369 G. L Contracting, Inc. Box 340 b398>536.55 Hopkins, MN 55343 Orfei & Sons, Inc � 1156 Homer Street $425,619.31 St. Paul, MN 55116 Park Construction Co. 7900 Beech Street N.E. $465,845.82 Fridley> I+�N 55432 PAGE 10 � MOTION by Councilman Barnette, to receive the bids for• Sanitary Sewer, Water and Storm Sewer Project No. 128. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ftr. Sobiechstated that the low bidder was Dawson Construction, Inc. at 591,528.35. MOTION by Councilman Schneider to award the bid to the low bidder, Dawson Construction, Inc., in the amount of the base price 6id of $91,528.35. Seconded by Councilman Barnette. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. Dawson Construction> Inc. � . 109 Benton $91>528.35 Anoka, h1N 55303 �Kenk�, Inc 8275 Central Avenue N.E. $96,492.55 Minneapolis, IdN White Construction Co. 3321 - 39th Avenue So. $97,277•06 Minneapolis, MN 55406 Walhunt Construction Co. 17545 - 6th Street N.E. $101,331.34 _ Cedar, MN 55011 M�erican Contracting Co. 101>472.89 1540 Yellow Brick Road $ Coon Rapids, MN , 0 & P ContracLing, Inc. . $112,342.27 Box 505 Osseo, MN D-G-B, Inc. $114,541.95 �C.S. McCrossan> Inc. $119,769.82 � Box AD � Osseo, MN 55369 Ideal Enterprises, Inc. $124,701.58 937 Swift Street � . Shakopee, MN 55379 I� I j � � REGULAR MEETING OF JUNE 18, 1979 PAGE 11 195 Mr. Sobiech stated the resolution was to advertise for bids for the repair of some recording and tota7izer equipment for Commons Filtration Plant. We have had the experience over the past several years of some, what we feei, exorbitant costs related to this equipment and also the distressing fact that we can no longer get therepair parts for the existin9 equipment. This wasn't all that bad equipmentfwerarevreplacing is then�recordingeanditotalizing9ofPourtconsumptioneof our wa'ter system. We utilize these records not lonly for processing the state of I� our consumption throughout the year but also in �nitoring the wells to indicate where we might have problems where preventative maintenance might have to be � performed. Mayor Nee asked wily it says repair instead of replace? Mr. Sobiech stated it was a part of a total meter system where we are repairing I the meter but replacing a certain recorder and totalizer. Perhaps we should change it to maintenance of the recording and totalizer equipment. . I Councilman Schneider asked if this was budgeted for? I I Mr. Sobiech stated that it was not specifically budgeted for but was under the i maintenance section for repair and maintenance of a general nature. , MOTION by Councilman Barnette to adopt resolution q85-1979. Seconded by Councilman I Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �; MOTION by Councilman Barnette to adopt Resolution p86=1979. Seconded by Council- woman 1loses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Barnette to adopt the resolution �87-1979. Seconded by Councilman Schneider. Mr. Herrick stated that both the Mayor and City Clerk should sign the reso7ution. Ne requested they approve an amendment to that�effect. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to amend the resolution and add the Mayor's signature. Seconded by Councilman Barnette. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated that this was an old problem from 1962 where somebody in the .. City bad some problem making certain that a land owner did something, so they � - paiddup.reThernewnowner ofythe property�wantsssomeeassuranceht'�atsthis bseno . longer a problem. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried ' unanimousty. � . � APPOINTMENT: CITY EMPLOYEES: I MOTION by Councilman Schneiden to concur with the City Manager's recomnendation. I Seconded by Counci7woman I4oses. Upon a voice vote, all voting aye, Mayor Nee ' declared the motion carried unanimously, . j ] � C REGULAR MEETING OF dUNE 18, 1979 NAME Mischelle C. 8oerger 3455 Tyler Street NE Minneapolis, MN 55418 Nilliam S. Deblon 305 Aurora St. Paul, MN POSITION Purchasing Clerk City Management Associate Planner PAGE 12 SALARY EFFECTIVE DATE REPLACES $666 June 25, 1979 JuQy Welch month $14,000 June 19, 1979 � Ray Leek year CONSIDERATION OF �FL CLUB REpUEST TO USE COMMONS CONCESSION BUILDTNG:_ � IAS. Modig stated that they would like permission to use the concession building �-- on June 22 for the 49er's ball game form 6:00 P.M. on to sell pop and popcorn. � There will not be any other concessions on the grounds that evening. MOTION by Councilman Fitzpatrick to grant permission. Seconded by Councilwoman Moses. Upon a voice vote> all voting aye, Mayor Nee declared the rtwtion carried unanimously. LICENSES: � MOTION by Councilman Schneider to approve the licenses as on file in the Licensing Clerks' office. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAII45: MOTION by Councilman Barnette to approve the claims. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: � MOTION by Councilman Fitzpatrick to approve the estimates. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Walhunt Construction CompaRy 17545 - 6th Street N.E. Cedar, MN 55011 Final Estimate S& W Project No. 126 E.D.S. Construction Co. 360 Larpenteur Avenue West St. Paul, MN Partial Estimate �2 - Municipal Garage Addition . Patch ERickson Madson, Inc 2311 Wayzata Boulevard . Minneapolis, MN 55404 Partial Estimate #3 - May inspection, Municipal Garage Addition Talle, Herrick & Munns 316 East Main Street Anoka, MtV 55303 For Services Rendered as City Attorney . for May, 1979 $15,406.57 $11,070.00 . $ 250.00 $ 2,910.20 For Services Rendered re: Bureau of Engraving Industrial Revenue Bonds $ 550.00 RE6ULAR MEETING OF JUNE 18, 1979 PAGE 13 197 Island of Peace Project (to be paid out of interest monGy) Northern States Pa•ier Co. P.O. Box 9477 , Minneapolis, MN Etectricity $ � 85 Minnegasco 714 2nd Avenue So. Minneapolis, MN _ Gas Service for May, 1979 LP Gas 5.84 6.10 Frid7ey Our pwn Hardware 214 Mississippi Street N.E. Fridley, MN 55432 Nuts and bolts 9.80 TOTAL $zg Sy COMMUNICpTIpNg_ MOTION by Counci7man Schneider to receive the communication. Seconded by � Councilman Barnette. Councilman Barnette stated that he would question what this would do to our I intersection at 69th and 47. �. Mr. Sobiech stated that at this point he did not think it would have any effect. �� He stated that it had been discussed and something would be forthcoming on 69th. � He stated that he had brought to the attention of MnDot that they had indicated be a�change heretand5ittwould beasp7a�d 55%t�oFthe�S{ateHe2stated there would �� 2� to Spring Lake Park. They understand that. �% to Fridley and ,� Councilwoman Moses stated that she understood that the light at 69th cost I about $104,000 and on this one it says $80,000. I Mr. Sobiech stated that $104,000 is the total improvement including engineering I administration, etc. The $80,000 is just the construction cost. The $24,000 i difference is the administration cost. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried I unanimous7y, � ADJOURN: � i MOTION by Councitman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, a17 voting aye, Mayor Nee declared the June 18, 1979, regular City Council meeting adjourned at 9:45 P.M. � ' Respectfully submitted, � . Katf�y Shel ton Recording Secretary W>>>iam J. Nee Mayor Approved: � � °. � CITY OF FRIDLEY _ PLANNING C01R47SSION MGETING - J[AVF. 6, 1979 CALL TO ORDIIt: ' Chairman flarris called the June 6� 1979, meeting of the Planning Co�nniseion to order at 7:30 P.M. ROIS, CALL: • Members Yresent: Ms. Hughea, Mr. Oquist� Mr. Barris, Ms. Schnabel� Mr. Treuenfels Members Absent: Others Present: Mr. Langenfeld (arrived at 7:35 p,M,) Mike Franzen� Plannin3 StafP 1. APPROVE PLANN.CNG COh1NIISSION MiNVPSS: MAy 23� 1979; NATION by Mr. Oquist� seconded by Mr. Treuenfels� to approve the M�y 23� 1979� minutes of the Planning Co�mnission. Ms. Hughes stated that on page 3 of the minutes she had stated there were �:8 signatures on the petition. She later discovered there were a ferr more so that Yigure was not accurate. • ths. Schnabel stated that on paae 4 0� the minutes� the 4th paragraph� 2nd �entence from the end should be changed to read; "attempt to make a right hand turr. o£f Hightray 65 to go there. Also, the next to the last paragraph on thAt pa.ge was in exror. The people kho wrote the letter were in favor of the of£ice rather than the apartment. . � Me. Hughes stated that on page 8 of the minutes� "eye-beam" should be "I-beam", ITPON A VOI^E VOT�, ALI, VOTING AYE� CH/1IRMAN IiARRIS DECLkRED THE MINUPES APPROVED AS CORRECTED, 2. MOTION by Ms, Sohnabel� seconded by Mr. Treuenfels� to open the public hearing. [TPON A VOICE VOTE� ALL VOTING AYEJ CHAIRMAN HAI2RIS DECLAHED THE PCIDLIC HEAiiING OPEN AT 7:35 P.M. Mr. F�anzen stated that the applicant requested a Special Use Permit to construct a second accessory building. The ffrst accessory buildint, is located in the �'xont part oP the property. One stipulation would be that the second accessory buil3ing not be in a utility easement. At the present time� the second accessory building is not within this easement. The easement is_ shocm on page 29 of the agends. The 1 PAGE 2 � . proposed acceasory building would be 16 x 22 which is approxi.mately 352 square 1� feet. The proposed use ia atorA�e and at this time there are no plans for an accesa� however� there is adequate room available for a driveway, Staff would , have no ob;jection to this request as long as the building is used for storage and not a home occixpation or livint3 quarters, Mr• Oquist stated that t�m, Franzen had indicated that the second accessory building Would not fall within the utility easement but noted that it was close to it. Mr. Franzen gave the Cor�issioners a more detailed plan of the proposed construction. Ms. Hughes asked what the £irst accessory building wasY �'. Franzen,stated the first accessory building was the existing two-car garage. Ms. Schnabel acked Mr, Franzen if the purpose of the second accessory building was for storage only7 �. Franzen stated that was correct and StafY had no objection as long as it was used for any use other than a home occupation. Mr. Robert Carlson, 151 62nd Way NE� came forward and stated that it would be a . detached garage. Ms. Schnabel asked Mr, Carlson vt�y he needed a'storage building of this size7 Mr. Carlson stated tbat his existing garage is 19 x 22 and he has two cars. It toys�etc.� Beca�se of this�congestion�ahe wouldslike a buildingefor�storageools� M s. Sc h na bel asked Mr, Carlson if he had ar�y plans, now or in the futuxe� to use the proposed building as a garage and convert the,existing garage into living spaCe? Mr. Carlson stated he had no plans to do that and also that he was not planning to put in a driveway, Ms. Schnabel asked 2�, Carlson if he would be doing the construction himself? Mr. Carlson stated he planned ta do the cement xork and would have a carpenter to help with the other work. Ms. Hughes asked if it would be garage construction with an overhead door? Mr. Carlson stated tkiat he intended to put an overhead door on the west side and it would be regulqr garage construction with trusses Por the roof, . Mr. Harris asked iP he was going to put the werhead door on the west side? Mr. Cerlson stated that vas correct. Mr. Iiarris asked if that wouldn't be tight to get in and out if he decided to use it as a garage? . Mr. Carlson stated he had no intetttion to use it aa a garnge.. .� `�' PLANNING COMMISSION MINUP�S, NiE 6, 1979 ' PACE 3- Mr. Carleon slso atated that there is 19 feet there. Mr. Horris.stated they uaually Pigure that it takea about 20 feet for an euto- mobile. Nfr. Carlson reiterated that he did aot intend to u�e it t'or atoring a car. Mr. Aarris asked Mr. Carlson if he would object moving it slight�y to the east and asked how far he would be willing to go? Mr. Carlson stated he could go east another foot. He added that he had decided on the placemen£ of the �arage because of the window placement in his house. Mr. Harris asked how high the structure would be? A4r. Carlson stated there would be regular 16 foot trusses. It would be built on a cement base which would be about 2 inches o£Y ground level. There will be 8 foot 2x4s running from the cement up, so the building would be about 8 ft. 2 in. from ground level to the eaves. Mr. Harris asked Mr, Carlson if he had talked to a�y of his neighbors? Mr. Carlson st�ted he had talked to all of them and they had no comment. He stated that he had heard that someone had second thoughts but he apparently decided to go along with it. He stated that the proposed building would have the same siding as his house and he would construct it in such a way that it would add to the looks of the property. Mr. Harris stated that he was concerned about movin; the garage to the east because if it was ever used to store an automobile� it would be much easier to get in and out without encroaching on lu s neighbor's property. They figure that an automobile parking place is 10 x 20. Mr. Carlson stated he would be willing to move it a foot. Mr. Aarris stated that 2 feet would be better. Mrs. Carlson stated that there is a 6 foot hedge along the neighbor's property that would make it impossible for them to go over on their property. . Mr. Aarris stated thst at some point they might want to use the building for a garage and being that close to the hedge would make it di£ficult to get in and out. Mr. Oquist asked if be decided on a i6 x 22 foot building because he p2anned to use it for a garage ia the future7 He stated that most storage buildings are 8x8or8x]2. i Mr. Carlson s tated that the people he had.talked to about it suggested he figure what he needs and tben add a little. ' � PLANNING COI�M4ISSION MEETINGi _JUI� 6� .1979 __„_, • PAGE k .. . ......_ . _r._ _._.. . .. . .1C Mr. Oquiat asked how Yar the proposed building would be from the existing house? Mr. Carleon stated it Would be 25 feet. Mr. Harris atated the plan indicated about 26 feet and noted that it wae a good size lot. Mr. Carlson stated that another reason wl�y he placed it where he did was because of existing trees. He did not want to have to remove ar�y trees. He added that movfng it east 2 feet would not hurt it at aLl. Ms. Hughes asked Mr, Harris iY he was sure the building should be moved? Mr. Harris stated that because of the 6 foot hedge� moving it over 2 feet would �give him more room. � - Ms. Hughes asked if that would be a stipulation? Mr. Fiarris stated it would. Ms. Schnabel stated that the 20 Yeet was based on an existing ordinance which was written when the average car was bigger than what they are now. Mr. Barris stated it was sti11 tight even Por a small car. He stated it wou2d be a one car garage and would be tight. Also� the other house at 6211 Riverview Terrace sits rather close and there wasn't much back yard there. Mr. Langenfeld asked if the northen part oY the building would go up to the lot line? Mr.. Harris stated it would not. As indicated on the drawing� it was a good size lot. There were no other co�nnents from the at�ience. MOTION by Ms, Schnabe].� seconded by Mr. I,attgenfeld� to close the public hearing. UPON A VOICE VOTE, AIS, VOTING AYE� CHAIRMAN IiARRIS DECL�RED THE PUBLIC AEARING CLOSED AT 7:58 P,M. MOTION by Mr, Langenfeld� seconded by Mr, Treuenfels� to recommend to Council approval of the requect for Spe'cial Use Permit� sP �{79_06, by Robert J. Carlson: Per Section 205,051, 2� A, of the Fridley City Co3e� to allow the construction of a second accessory building, a 16 foot by 22 foot detached garage on Lot �� Block 2 Juli-Ann Addition� the sauye being 151-6�d Way NE� with the following stipulatim s: 1 in accordance with the survey it be not Iess than 20 i'eet rather than 19 feet� 2 it be compatible with the existing neighborhoal and his home� 3) no home occupation be allowed. Ms. Hughes noted that the notification that was seat to the neighbors indicated this was to be a detached garAge� however the co�nents in the discussion were ia terms of other things, and if we pass this motion it will be possible for him to use it as a garage in the future. She asked if the notice that this was n dei�ached garuge Adequate for the neighbors to understand that they could be looking at a detached garugel . .. . , 1D Mr. Harris stated that'l� Whtit i�t is and tiutt's what it was called in the notice. Ma. liughes atated that the fact that the neighbora were not here indicated to her they had no problem with it. UPON A VOICE VOTE� ALi, y0T2NG AYE� CIIAIRI�IAN IiARRIS DECLAI2ED TI� MOTION CARRIED UNANIMOUSLY: Mr. Harris informed the petitioner that this Would go to Council on June 18� i979• Mr. Aarris stated that he understood he vas a second class citizen� but when same- thing comes up within 300 feet of his property, he would like to be notified. Ns. Harris stated that he lives at 6200 Riverview Terrace. Iiis father was notiiied but he was not. 3• Lots Mx'. Fran2en stated they wexe looking at one o£ four alternatives as explained in t�mo �79_24, dated June 6, 1979� from Jerrold Boardman zo the Planning Commis.^,ion. This memo stated the City�s policy on vacation requests. They �.,•ere looking at tiyin� to turn over the property to individual ownership and retaining the alley as a utility easement. The Commissioners were given a letter dated June 1� 1979s from Warren R. Sohnson of IdSP re�ardinb this easer,�ent. MOTION by idr. Langex�feld� seconded by Ais. H�ehes, to receive the memo� �'j9_2�+� Prom b"s. Boardman to the Plannir� Co:vmission� ar.d to receive the letter from 1VSP regarding the easeiuent, Mr. Harris stated that aaother alternative would be to improve the alley and maintain it. Ms. Schnabel noted that the memo indicated there were three options and listed fourJ so it wouldn't matter if they added another option. UPON A VOICE VDTE, ALy VpTING �1}rE� CIiAIRi�ipN HpRglg DECLARED THE MpTION CARRIED tJNAtSaiOiTSLY. Mr. Oquist stated that the map in the agenda indicated thctt the area that was darkened was to be vacated. He'asked what woul.d happen in between? 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'-_ _�... �_ ,, ;, Eacr:. rr�v , �; i_. �,::� ,. . .,. �: � � i36� ��, � `�: �zs ia_ q tzoTii6 ,,. ,,,p .�. ,�. � . `a"" ' ': � � � �}�'�v.:n � i ••1 ; If k/,L , IfZ � oo r �.F�O�. � .. . 1.... �� 1 <: .l<''Y � Y � ?� ; IP � � v io , , °ju��-.vi.:r ' r.... �____��- :,a.<...... ii� _.._u�r.r,.. � .t ;: s. / 7 - - «. . �„ � ,... �/ 1 _ , ... ... .r.. N. n. " ;.. �^ .Y /I ] w. lTel.10' r • /�} � � b. !./ `�` � . }.(� L� ' 1 s ' F � �) . ORDINAP�CE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 9, 10 and 11, Block 1, Moore Lake Highlands Third Addition, lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said fract or area to be rezoned from Zoned District C-1 (local business areas) on�Lots 9 and 10, and rezoned from Zoned District CR-1 (general office and limited business) on Lot 17, all to be rezoned to C-2 (general business areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979, ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: June 18, 1979 First Reading: JunP iR, 7979 Second Reading: Publish........ MAYOR - WILLIAM J. NEE 2 � r � ' ZOA #7.9-01 & SP #79-03 i 2 A, I � ; The Lift-Ski & Bike, Inc. , ��i � ...__._._ . �_. . .:c.,� , � ;--- :��--3ad-----�r ��- ;C�liPd-T`lE'57'A7E—A('�U�HlGHaY�Y1�y�(�_/ ' /� .y � __., %ti� i. 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A �zo) ' I o lc.ri r. o� Q- o � ,--- � . � � °La o° p . D td�6"1�Q `��1 �"I I�� '�FEl�.hF Ef LV (fla/ �:yf b"� 6� r.0 . _ �� ! .t� t l..:_.�J' . aYioo/id G!6/�vl /SC`<-=a. I �so6qZ$ e/ ti'./. <uola �ioc� � � io 9 � a E �Z40J �oa�, �03� ; _<1�51 Q a- �'L��. IV. C. . �p _`ey'ro i � ` i0�i0 1014� �' � � 2; ; �'�� , .�� " ;: �� IUbQ r �,� ' . � � ��6310 ; � �I � �y � ni JU7LOl/ ✓., ... _ �,....,.•:�,.�..., ; �. _,.�.... � ,,,..,, �yt �— A/ �.� _ . . �F_ ,,,� /I1 i � —' : `/ 3 . . �., � ;,.,,.ni. XI �.� oOO' p��,;�+�.� �-"'r�-- � �R`c'dir<iilnlVp}�.Y ,-Y /'. � i. ;e . st, � �.��;:. i ....•,.. :_� -,urn �•, �\:-629 zs�. - •:S._...,:•� `��}..:�� 6250 6251J��Y ��%��.�4 � ,. . . ^Ffd � """__.. ..� . ,�._. " t �G^8i]J • '�'� ..� ��---'— �,��6/L�`.G1t � �;. ._ ,>�,y � 1 �, }�, °�: � s r�) � . / / � _�7�� ` C)i�� 'ti ; Q . � �_�"__ � I �. 1 � �J � A � ' ! Z � '0�`?- i � � p ' � � � e�' • 1 � I � �, �,. � i y.� "� /. I � �f _ .. � � 1 � , �Ir 7S � 7S i 13 n��v .��a_� L . i i j� � � � ��0 h I ) ♦ ' `- �•-�- -!� , , �+ I � Q 1 � • � _e1 • � Y ,i 1�.,.. ' ti� � � ; �� i , . �+ �< �1, � \ ' �o , , �'. ?'i u 4 , U _r,y \1\` � .� �,i� ; , . �. ^ �? � � ti:� 1 �:y � � !u��. S9� t�d"� �� . .-i . `•, .. , : .:. . _.. . i_ _....... 1O'12 + �o'',� V��... G 86 �i�,o , ; `� ; ¢ . i��9 "'�,,� , e��a�,3: \( 6zzs a �ooii%�a Cr•uT�p, r:�,�� uo�TaRs ", ;�` r . cL � � � �. o�-Y �+ [ � ^� 4 ��: bi'�. ,• .:PL: i ..'s r, � : .% . _ ,�L, e ' P . , ia �� 4 ��. p � "33'.'3 , ;�°1 ;�. � � 'tr i . �Z� -�e'- �. e� . . ��>'F�. - � � � ,�� ! - 6 iv+i �j. S1J ,\ y :�. E� �� f ,,.yr � "� J; b � . „ //�e/ _ b � ��I '4 2 �� ` n C�, ' � e !u' �' , � � -�t, � oti` P � i �'�. 4'�`v/ � ry�_,. cp�-v �� a�� 8431 UNIVERSITY AVENUE N.E., FRIOLEY, MINNESOTA Sb432 � ;t Halmer, President Lift Ski & Bike, Inc. i HighNlay S65 N.E. Iley, Mn 55432 �� Dear Mr. Holmer: 7ELEPHONE (812►571•3450 June 22, 1979 Re: Timetable for the Lift's Exterior Improvements The City Council, as part of their approval for the rezoning of your property, requested a timetable for exterior developments. The follewing is a list of improvements necessary to be completed according to the following timetable: by July 1, 1980 - Perimeter fence must be compled. by July, 1, 1981 - Parking Lot must be surfaced and poured concrete curbing must be put in around all new and existing surfaces. by July 1, 1982 - Complete all landscaping and dumpster screening. I am sending a copy of this letter for you to sign and sent back if you agree to the above timetable for improvements of the plan as attached and noted as Exhibit A. If you have any questions retarding this item, please feel free to call me at 577-3450. Your prompt action on this is essential so that we can completa your request for rezoning. JLB/de C-79-29 Sincerely, �� Jerrold L. oardman City Planner I agree to the above conditions and the improvements as noted in the attached Exhibit A. by Name 7itle PROPERTY LOCATION: Owner : EXHIQIT A 6301, 6319 Hwy 65 Service Road Buildinqs: Lift, Cross Country Lift 2� Site Comments�: Code Requirements 1) 28 total parking stalls are required for existing structures. 2} 15 total additional stalls are required for building additions. 3) A 5 foot landscape or poured concrete area is required around all buildings. 4) A screened dumpster area is required. 5) The parking lot surface is to be asphalted, curbed, and the parking arrangement lined out. General Comments 1} 900 square feet is the maximum allowable space that can be added on the west side of the Cross Country Lift. 2) 1200 square feet is the maximum allowable space that can be added on the.north side of the Lift. 3) There are 51 parking stalls available. 4) The area outside of the Cross Country Lift is used as a garden lot in the summer. This area is fenced. Y i, .. G ¢ M (S EXHI6IT A t, ,.. • 65 SERVICE RD. .. ._::�:�::--:J�_; ;� �•y , �i eoo , � �l � p ' 4 ' C.C. LIFI� �r (25) � . 2D • . ., ,� � i �unst: . -- . .... . . .� . _ f y.. --- ----- � .. y � . . . FEh'CE ��'=� . . ; � . . . . _.r\ ,. . , .. . . .. . .. . .. ,.. _ � � . . . . . . �. . . � ,� `. �: � ; . . . . . . r. _.. � ' . � - � � ��^�� T G� � � 9 � "9' ._. _ _. . __ __ . ____.. _ . _...':. -,.�� PLAI�NING CCi1�+1I�iSI0P1 Id[?;TIPi,^, hV1Y 9).97� PAG� 9 2E Na�. Oquist stated thr�t he o�reed with 1ds. Schnabel'c commentr� that it vrould be advantat;eou� i;o rrzone thfa property and gei; it all in a common zone. He felt the people had done a nice job there and made the property pre�ent�ble. MOTIOr1 by M�. Schnabel, seconded by 1•ir. Oquict, to recommend to Council �pproval of the re2oninG request, 7,GA l�l7g-Ol, T.�e Lift-S!ci � Bilce, Ine.;. by Seott Iiolmer, to rezone Lot, 9�nd 10, 131ock 1, N,ocre Lake liiglilands 3rd Addition, from C-1 to C-2, and Lot 11� i.lock 1� hioore Lake Hi�hl�,nds 3rd Additivn from CR-1 to C-2� to Allow a garden center and future building exp�r.�ion at 6319 Iiighway �F65 PI.E.� with the si,ipulation t.�at a landscane olan. rnd sct�eriule over a three yeur tir.^.e pericd be fi7.cd witY: 'the Citv Vl�r;rina �irn:, +.��.�i- *�.,��....,.,,. -� .... ............ .....--'-- ,. were � Mr. Harris informed the petitioner that thi� r�ould �o to CounciI. on f9oy 21� Z979 and the public hearing wuuld be on Jul,}- 16, 1979. �F. PUI3LIC I�ARII�IC: 7'cP,'�I1�.'S`C FOR A SPECIAL U.tiF; Pi.RJ�fI� SP !+'79-�.',,,il'HE LIF''�=SKI & B7KP;, ;;;C;`bY :L'C�T :iCLt�:�"'B: Pea� Saci;ica 20`� 'Ol. >•- � ' '" a11ow a �arden center on Lots 9, 10� 1?.� Bloc.c 1� Dloore LaYe Piighland� 3rd P.ddition� the same being 6319 Iiighway ;�b5 N.�. N,09'IOAT by P�s. Oquist, seconded by Mr, Treueni'els, to open the public hesring. UPOIQ A VOICPs \%OTS� qLL VQTIiiG r"sY�� CF:[tiL?P�;�1?] IiAP.�IS DECL?u;�,D TIiE i WLIC ;.;Ftt�IP'G OPEH AT 8:35 Y.r�. Mr. Boarc?r.;an sta�ed tha�c was on the same rorop�r•�,y nrd 7.ocated i_n fronu an t?ie corner o: Lo� 9. Otar observ�tion was that t::e �aciiity c;as well Y,ept and is a very clean operation. The g�rden ceni:er is �r.�int�ined cery ue11. hir. Oquist stated he had Ueen there last year and it was a very neat area. Mr. Harris aeked what they used that property for �,*lzeu it wasn't a garc2en center2 A1r. HoLaer stated thAt they use it £or p�rkin� in tlie winter time. Wznter is their busy season and he woald Ue linin�; thc��t fcr parking spwces also. They take dotan two pieces oi' Seuce and use it for pa-rkini3, Mr. Harris �sked if they had any ni�ht operation in the garden cenierT Mr. iIol�er stated they were open until 9;00 P.bi. FIe stated that they were basica2�y in the ski business and l�e did not want to be 4 full ti»e nursey like.Frank's. This io somethin�; to fill in tl�e suraner. Ffe plamied to open it when the season stArts on Nu3y 1 and close it on July �+, Mr. Harris asked if there was ae�y li�htir.� out there? Ttr. Aolcrer stuted there was only i;he li�ixting i;hat cAroe with the Texaco Stution. PLANNING COt�✓,ISSION MC;�TIPIG� tdAY J� i979 rncE io 2F Mr, fiarria ttsked N�. Holmcr iY he intended to put in additional lightin6? Mr. Holmer,stated he did not because the months that he is open it ia still light until 9:00 P.t4. b1r. Harris asked if he intended to put nny a�+cessory buildin�rs in front? Mr. Holmer �tated he did not. He had put up a vrind wall for the outside counter but thcat has been they for a year. :fe did not see the need Sor ar�y additional structures. 2�ir. Oquict.asked when the public hearin� would be7 bh�. Boerdman stated that if they went by the normal process it would be Jul,y 15. t�. Oquist stated it would be closed by then. Mr. Boardmsa stated thst was for the zonin�. A Specia]. Use Permit does uot require a public hearing bePore the City Council. However, tl�ere were several things they should lool; at. A S�ecisl Use Permit was not pernitted in a C-1 zone. Therefore, they car.�t grant the Special Use Permit until the zone is in. He added that although the July 15 rneeting is the scheduled meeting it, if they are notified that they sl�ould advertise it beFore the ��eeting oP the 21st, then they would be at the June 11 m�etin�. They will send out notices to the prqperty osmers before the puUlic hearing at City Council. M�'PION by Dis. Schnabel, seconded by Mr, Oquist, to close the public hearing. iTPON A V�ICE �lOTL� ALL VOTIRTG AYE� CiIL?IR'��?v EAR.4IS DECLr>.P.r^,D TF� PUBLIC HEARIIvTG CLO.Sfi'D AT 8: �+O P. M. MOTIOn' by Mr. Oquist, seconded by Mr. Treuenfels, to recommend to Council approvnl oP i;he request for a Special Use Permit� SP j�7g_o3, The Lizt-Ski & Bike� Inc.� by Scott Iiolrser: Per Section 205.101, 3, 1a. to allow a garden center on Lots 9, 10, 11, Bloch 1, Moore Lake Iiighlands 3rd Adaition, the same being 6319 Higho�ay 7rb5 IQ.E, UP01J A VOICE VOI'E� Lff,L VOTII4TG AYL�'� CH6SIRAIAN FL4I;RIS DECL,4RED TIiI�'. D?0'1'ION CRRfiIFsD UNANIA?OUSLY. Mr. Harris inform.ed tre petitioner that this �aould go to Council on Mt�y 21 and would probably be taUled until the zoning is approved. The petitioner thanlced tiie Co�issioners. 5. VACATIO?i 12��UE5P SFlV %.!79_pl BY K4'P.IRYPd Plyncutl� Addition, Uounded Uy th uiid � 2� Street. � : Vacate the Alley iii 231ock 3, nue Pt.E. bei:ween 2nd Street and ORDINANCE N0. AN ORDIP�ANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE � The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an alley described as follows: The alley lying in Block 3, Piymouth Addition, All lying in the South Half of Section 27, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of ! Fridley retains easements for drainage and utility purposes over the alley herein described and vacated. -. _. SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Cfiarter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF __ _ , 1979. YOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: June 18, 1979 First Reading: ,t„�P ist, ta�q Second Reading: Publish........ 3 j - 4 CITY Or FRIDLL'Y PLANNING COMMISSION MEETING - JUNE 20, 1979 CALL TO ORDER: Chairperson Harris called the June 20, 1979, PLanning Coamission meeting to order at 7:40 p.m, ROLL CALL: Members Present: Barbara Hughes, LeRoy Oquist, Dick Harris, Virginia Schnabel, Peter Treuenfels, Jim Langenfeld Members Absent; None Others Present: Jerrold Boardman, City Planner Dean Sabby, Spring Lake Park Human Rights Co�ission . Lee Carlson, Spring Lake Park Human Rights Commission APPROVAL OF SUNE 6 1979 PLANNING COMMISSION MINUTES: MOTION by Mr, Langenfeld, seconded by Mr. Treuenfels, to approve the June 6,'1979, Planning Commission minutes as written. Ms. Hughes stated that on page 17, third paragraph fr� bottom of page, "reduci.ng the amount of it" should be changed to "reducing the amount of waste". A VOICE VOTE ALL VOTING AI'E CHAIRPERSON HARRIS DECLAR�D THE MINIJTES VED.AS CORRECTED. 1. RECEIVE JUNE 7, 1979 HUhfAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Treuenfels, seconded by Ms. Hughes, to receive the June 7, 1979, Human Resources Commission minutes. Mr. Treuenfels stated that on page 8, last paragraph, "look into the availa- biliCy of voting machines for the handicapped" should be changed to "look into the voting process for the handicapped", Mr. Langenfeld stated that on page 2, middle of third paragraph, Che word, "Target" should be "Fridley". Ms. Hughes stated that on page 7, under Par1c Svstems Plan, D 110-C, the Parks & Recreation Commission was looking at that same section and shared sane of the Human Resources Commission's cnncerns over decentralizing or centralizing the parks, She stated they would be talcing that iuto consideration when they talk about the Comprehensive Development Plan. 4q PLANNING COMMISSION MF.ETING JUNE 20 1979 PAGE 2 Ms. Hughes stated that the Parks & Recreation Commission was also going to look at integrating the handicapped activities into the park program. Whether these should be special programs and very specific or integrated into the normal activities was something that needed to be worked on. A VOICE VOTE, ALL VOTING 2. PROPOSAL FOR A"C�NTRAL CENfER FOR FAMILY RESOURCES" - Dean Sabby and Lee Carlson, Spring Lake Park Human Rights Couunission: Mr. Sabby staeed that he and Ms. Carlson were representing the Central Center for Family.Resources. The Center came aboue as the result of a new Spring Lake Park Community Center. To build the cormnunity center, the City of Spring Lake Park needed federal monies and Jim Oberstar stated he would back this program if the City would provide some community resources rooms in the building. So, Spring Lake Park huilt the community center and had four offices designated for a community service-type program. Following that, a task force was set up of representatives from the schools, churches, couununity members, law enforcement people. ' Mr. Sabby stated this was approximately one year ago and at that time, he was with the Spring Lake Park School District in the counseling capacily in the Guidance Department. He represented the•schools in this L-ask force. The task force looked first at the needs of Spring Lake Park. They felt that was much too limiting and, because the school district encompasses part of Fridley and part of Blaine, they decided it would be best to set up a program that would meet the needs of the whole community, Spring Lake Park, Blaine,and. ' Fridley. Mr. Sabby stated that the Advisory Board gave input as to what was necessary for a co�unity program. He stated that both Jim Sprungman and Tim Turnbull of the Fridley Police Department were very helpful. Mr. Sabby stated that Blaine's statistics for 1978 indicated that out of 783 arrests, over 500 were juveniles. He thought Northtown had contributed to that as a lot of shoplifting occurred there. Larceny was also a big item. He stated that Spring Lake Park's statistics for 1978 indicated 170 jUVenile arrests (approximately 20% of actual offenses occurring). Mr. Sabby stated that Jim Sprungman, Fridley Police Department, had provided statistics for the first quarter of 1979 in Fridley. These statistics indicated 919 total reported offenses, 113 juvenile arrests. Of the juvenile arrests, 23 were handled within the Police Department and 90 were referred to Anoka County Services. Mr. Sabby stated he was showing these statistics to the Planning Commission, because in the process of deciding on a program, they needed to know what was happening in the community. As a result of that information, along with the input from the schools, churches, police deparlments, etc., they decided on the following program: • l ON MI:ETING JUNE 20, 1979 PAGE 3 • 4 B Conduct parenting programs. Mr. Sabby stated that since going to the Human Resources Co�mnission meeting on June 7, Onan Corporation had funded $1,500 to the Center for Jean Clark's parenting program, "Self-Esteem - A Family Affair" This will be one program which will start in August or early September. Ms. Carlson stated that one other reason they selected Ms. Clark's program was because a portion of that program trains facilitators that remain in the community. 2. Conduct parent discussion groups for parents of children in K- 3. Mr. Sabby stated that Fridley was very fortunate to have an elementary counselor, Mr. Tony Krall. Mr. Krall was a big influence in getting this program going, and Mr. Krall was very eager to share this information with them. This program would be oftered in School District 16. Mr. Sabby stated that the main purpose of their program was preventative--getting to the parents and L-t� families when they can still have an impact before the children get into trouble. 3. Conduct discussion groups for parents of children in upper elementary grades. Mr. Sabby stated that the stage before adolescence is very frustrating for parents. This program would be available to B1air,e, Spring Lake Park, and Fridley.. 4. Family counseling S. .^,ED (Guidance Equivalency Degree) Training Center 6. Coordinate with other social service agencies and bring resource people into Che community. A• Probation officer B. Battered women's group (Mr. Sabby stated that the battered women's group was already in one of the offices and they operate a 24-hour telephone hotline.) C. Social worlcer D. Drus counselor 7. Determine additional needs of community through needs assessment. Mr. Sabby stated that the parentinS programs the two tltings they were mos[ intcrested in and the family counseling were providing in the prevention area. 4C 1'LANNING COMMISSION MG1iT2NG JUNE 20 1979 PAGG 4 Mr. Sabby staL-ed that it was difficult in get LEAA funding (which is law enforcement funding at �he stal-e level), because tliey like facta and staListics. So, the iirst step is to get the community's support. If the community is behind the program, the state is more liable to come up with some matching funds for the program. Mr. SabUy stated that is why ' they are unique and why they are trying to get the local support first before even seeking LEAA funding. Mr. Sabby stated that most of Fridley's referrals go to Don Wegscheider, Director of Human Services at North Suburban Family Services Center. Mr. Sabby stated he worked closely with Mr. Wegscheider because they wanted to make sure there were not being redundant. Mr. Wegscheider was very supportive and sees the Center as being able to refer also, because North Suburban is more in the treatment area. Ms. Schnabel asked about what type of financing the Center could get from Anoka County. Ms. Carlson stated they were working with the County. Another possibility was mental health grants and aids-type funding. They were researching all possibilities at the County level. The last state legislature had appropriated a large increase into the whole health area, but the County was not totally sure about all the criteria for hoca the money is to be spent and the actual breatcdown. She stated they would be working closely with the County as these decisions are made. Mr. Sabby stated he wanted the Covmiission to understand ti�at they were not asking for long term funding for this Center. They wanted local funding to get the program off the ground, because they feel it will be very successful. Mr. Langenfeld asked what the Center's goal was as far as dollars? Mr. Sabby stated that, initially, they set $25,000 Por the first year. to operate on a half-time basis. Ms. Carlson stated that their budgeting has to reflect both long range goals and the actual money in hand. They feel they are now in a safe area in being able to function well in the first year. Ho�vever, they would like more money to be able to fund another half-time counselor (in addition to Mr. Sabby) for at least this year. She stated for state monies, the grant has to be written the beginning of July, a proposal has to be in by the end of September, and funds are allocated as of Jaiw ary 1, 1980. So, within their fiscal year, July 1- June 30, 1980, there is the possibility of another influx on that lev^1. They wanted to be totally open as to where they can reasonably antici- pate funding and where they are going to attempt to get funding. In Cerms of program development, some of it will Ue �.ritten in the form of grants to specific corpora[ions for specific program$. Their plan is to build a very solid base of support in the local community. ve 4D PLANNING COI✓�hiISSION MEGTING JUNG 20 1974 PAGE 5 Mr. Narris stated he had been on the Planning Commission for seven years, and he felt he had heard all this before. He stated that a couple of years ago, SACA (Southern Anoka County Assistance) had presented a similar proposal Tlie City had funded aome money to that organization and now what had happened to itY , Mr. Treuenfels stated that he understood that SACA is still in existence and provides a referral service which evaluates cases that come in and refers them to appropriate agencies. He felt they did commendable work. He did not feel there would be an overlapping of services between SACA and the Central Center for Family Resources. Ms. Iiughes concurred with Mr. Treuenfels. She knew people involved in SACA and did not see this as a duplication of services. Mr. Langenfeld asked i£, in their needs assessment, they had tried to analyze how they might affect other similar projects or how other projects might affect them? Ms. Carlson stated they had, that they had contacted all area services in comparing and researching their programs and how these other programs related to them as far as any overlapping. Ms. Hughes stated the real problem with this kind of program was going to be in its evaluation. Prevention was not going to show up for sometimes 13 years after a child was born. . Ms. Carlson stated it almost required a longitudinal study. They had talked about the possibility of writing a research grant to have someone do that type of study. Ms. Hughes stated that what they are likely to see come out of this is the output kind of ineasures and not the real outcome of the program, whi^h will not show up for a period of time. It seemed to her that if this kind of program can be of any use at all, the value in just human resources was going to be so great and worth the gamble and certainiy worth a feca thousand doll.ars. Mr. Boardman shated he would like to see organizations like this gather some statistics that can be used for the planning process. He thought one of the key elements in a program like this was not only helping people, but loolcing for data and statistics that could be used for pianning. Mr. Harris aslced how they would be interacting witl� the Anoka County Welfare B oa rd? Mr. Sabby stated they had two people on their Advisory Board who would represent that area as far as interaction.. Ms. SchnaUel stated she felt this was the kind of program that Anolca County should be involved in. If tlie County felt it was a badly needed program, then the County should be coming up wil'h some dollars. PLANNING C(MMISSION ME�TING, JUNF. 20, 1979 PAGE 6 � � F Mr. Langenfeld slated he felt if this stera from entering the prison system, eave the taxpayers money. program could prevent fifteen young- in tax dollars, they would certainly Ms, Carlson stated that if they can prevent a few cases of child abuse, it would certainly be well worth it in human terms. Mr. Treuenfels stated that the Human Resources Commission was impressed with this proposal, but had some questions similar to those voiced by the Planning Cocmnission members. He referred to page 5 of the Human Resources Commission minutes. The Human Resources Con�ission felt they could be of service by getting some background information regarding the availability of services in this area. They would present this information to the Planning Commission. Mr. Harris asked Mr. Sabby and Ms. Carlson how much money they would be requesting from the City of Fridley? Mr. Sabby stgted that the City of Blaine had contributed $5,000; the Spring Lake Park Lions Club had contriUuted $5,000; the Spring Lake Park VFW had contributed $6,000; and Onan had contributed $1,500 for the parenting program. They would like to request $5,000 from the City of Fridley. Mr. Harris stated he would like the Planning'Commission to table this item until the Huuian Resources Commission could come back with the background information and until Staff could research on where the City was budget- wise, so that all the information would be ready to go on to City Council. Mr. Sabby stated that sounded very fair to them. Mr. Sabby and Ms. Carlson stated that if there were any questions in the meantime, they could be reached mornings at 780-3036. (Lee Carlson's home phone: 786-3884. Dean Sabby's home phone: 757-5248) They also extended an invitation for the Planning Commission members to stop by and see their facility. Mr. Boardman stated he felt very encouraged by this program. He thought a lot of things �aere happening with the pressures of today, social pressures, and different needs within the community. He felt it was the City's responsibility, as well as the County's and everybody's responsibility to try to find out what those pressures are and how to deal with those kinds of pressures. With this preventative-type of program, they may be aUle to get some facts and figures and do something about the pressures that might be causin� some of the proUlems in this society. He felt it was very important that this program be followed through, No matter what the recommenda- tion is on this proposal, he felt there should be a strong recommendation th�:t some people sit down at all Levels and try to work out so:�e coordination, at least within Anoka County, as to what is going on. Ms. Hughes stated she c,as very encouraged about this kind of program and in this area. She lcnew people wlio �aould go far distances for this kind of counscling. She had knocun Afs. Carlson for many years and had confidence in everything she was involved in. She stated she knew some of the members on the Aduisory Board and was very encouraged by that. PLANNING COMMISSION MBETINC, JUNE 20, 1979 PAGE 7 , 4 r MOTION t3Y MS. IlUG11rS, S�CONDI:D RY AtR_ TRF.UGAII'LLS, TO CONTINUE DfSCUSSION ON TIIE ^PR01'OSAL FOR A CIiNLkAL Clit�''PBR 1'OR PApfILY RI:SOUPCES" Wi TIL Fi1RTHER INPORMATION IS Ri:C1iIVGD TO TAFJ? TO CITY COU4CIL. UYO� A VOICP•, vo�rr, ALL Mr. Harris thanked Ms. Carlson and Mr. Sabby for ttieir presentation. 3. REC�IVE JUNE 12, 1979, APP�ALS COMMISSION MIN[TTES: MOT70N by Ms. Schnabel, seconded by Ms. Hughes, to receive the June 12, 1979, Appeals Coimnission minutes. Upon a voice vote, all voting aye, Chairperson Harris declared the motion carried unanimously. 4. CONTINUfiD: COMPRSII�NSIVE DE�7ELOPMENT PLAN Mr. Boardman stated the Planning Department was presently in the process of reorganizing the document to make it a more palatable document to understand. A general strategy for iaying out the entire document with an overall compre- hensive plan map will be at the beginnino of the document instead of the introduction. Then each section will have a strategy lay-out, going into goals, objectives, and policy statements. Mr. Boardman 5tated that, at this point, they had not yet decided what to do with the inventory. It had been suggested at the Environmental Quality Counnission meeting that the inventory be put in a separate document. Mr. Bo2rdman stated they hoped to have the revised docur,ient completed and ready for typing by the end of June. MOTION by rfr. Langenfeld, seconded by Ms. Schnabel, to continue discussion ott the Comprehensive Development Plan until the revised document is completed. Upon a voice vote, a11 voting aye, Chairperson Harris declared the motion carried unanimously. Chairpersnn Harris declared a 15-minute-recess at 9:30 p.m. Chairperson Harris reconvened the meeting at 9;45 p.m. 5. CONTINUED: PROPOSED CHANGES TO CHAPTER 205. ZONING: . Page 18 - 205.047 Automobile Parking Mr. Boardman stated that Item E. Stall Size should probably be changed to read: "All parking stalls sha11 follow standards as' set up under a document 'How to Plan Parking Areas' that we use to define those standards. Mr. Boardman sCated the same thi.ng would be true of Item P. Driveway Requirements. PLANNING CUMMISSION MCETINC JUNIi 20 1979 PAGE 8 ' !� G Pa�e 19 - Mr. Boardman stated that again, on this page, the comment from the Appeals Commission was that this area shoukibe "except for R1 and R2". G- 1. Change "25 feet" to "20 feet" I. Truck Berths, 9�2: Loading and unloading facilities are to be located in the rear yard; or side yard if properly screened by a solid 6-foot fence, substantial construction or other screening approved by the Zoning Administrator," Mr. Harris asked Mr. lioardman if he thought a 6-foot high solid screen fence was going to do much good in these particular situations? Mr. Boardman stated they had not much luck as far as screening. They preferred to get the loading and unloading facilities in the rear yard, but they could not always get them in the rear yard, So, they tried to screen as closely as possible. He thought they had been doing that with landscaping rather than a fence. Mr. Harris stated that, from his experience, he felt those 6-foot solid screen fences seem ta be junk collectors. Mr. Boardman suggested they reword �62 to read: "Loading and unloading facilities are to be located in the rear yard or side yard i£ properly screened." Mr. Boardman stated the Commission might want to talk about what constitutes a"loading znd unloading facility", Should they write soir,ething like "loading and unloading dock facilities should be located in tiie rear yard?" Mr. Harris stated that it taas not always possible to have L-hem ].ocated in the rear yard, When you are talking about a loading facility, you are talking about a lot more than a truck berth. Mr. Boardman stated that mapbe in 4k2, they should talk about "outside loading and unloading docl:s must be in the rear yard", because l'hey were concerned mainly aUout docks, and leave �`k3 as it is. Mr. Harris agreed with that. Page 2� - 205.048 Performance Standards 1- B. Eliminate the word "morals" in the fourlh line. 1- A. "All maherials and equipment shall Ue Icept in a building or sha12 be fully screened, so as not to Ue visiUle from any puUlic right-of-way or adjoining property." i 4 f�{ PLANNING COMMISSION MGCTING� JUNE 20, 1979 PAGE 9 Mr. Harris stated he had problems with that statement. What was the definition of "all materials and equipment"4 Did this mean a person had to screen his boat sitting along side his house, or a snowmobile, or recreational vehicles, trailers, stacked firewood,etc.1 Mr. Boardman stated there were a lot of prohlems with that, and he did not really know how they could control those problems. Mr. Harris stated he also had problems with, "fully screened, so as not Co be visible from any public right-of-way or adjoining property". He felt it depends on the situation and location. For example, it was impossible for Carter-Day to screen their large equipment. It did not m ake sense to have a 6-foot high fence and try to screen a 15-foot trailer. It gets very expensive to store that kind of equipment. , Mr. Boardman stated that Mr. Harris had asked the qsestion of what constitutes "all mal'erials and equipment". If a resident wants to store material or has objectionable material, the resident should he required to either move that material or have it screened. Right now they can only go in on a public nuisance violation and tao the violator. Mr. 2larris stated there was another problem not yet discussed and that was tlie amount of vandalism in Fridley. It was 'tremendous. The solid screened areas are beautiful--you can't see a thing, including the police! He said it bothered him that the City is always telling the business, homeowner, and property owner to do this and this and this. Everytime, we turn around and try to protect ourselves, the City seems to ceme up with another ordinance or another idea such as solid screened fencing and nice shrubbery. The City wants screening and the police say they can't see in where a11 the stuff is, so someone is going to have to make up his mind. Ms. Hughes stated she agreed with Mr. Harris. There were economic impacts on this, for example, requiring garages and off-street parkino that �ncourages people to drive rather than use mass transit and,some other things she had problems with in a zoning ordinance. Mr. Oquist stated that on one hand, it is costly and has some affect on vandalism. On the other hand, if you don't screen somehow, particularly in residential areas, there is going to be all kinds of debris for people tu look at. • Ms. Schnabel stated that lack of screening can also sometimes be a public nuisance. Mr. Harris stated he agreed. Where residential areas were involved, he was all for preserving the neighborhood, but that did not seem to be happening. PLANNING COMMISSION M(iETING, JUNC 20 1979 PAGE 10 4 I Ms. Schnabel stated she goes back to the fact that if there was not an ordinance like this, the City would not have any authority to require screening for Lhe thin�s tliat really needed screening. There are certain visual pollution things she thought ought to be screened, and there were many examples in Fridley. Mr. Boardman stated he thought you could screen the majority of clutter from the visual line with a 6-foot high fence. The question was: What do you want to screen or what can you require to be screened without requiring all outside storage to be screened? Mr. Harris stated that maybe the screening situation should be looked at on a zoning basis as to what can be required in a co�ercial zone, Pfl zone, and M2 zone, Mr. Boardman stated the problem with that is there is so much scattered zoning throughout the entire city. Ms. Schnabel suggested that Mr. Harris come up with some wording that would better state what he would like to see in that portion of the zoning ordinance and bring it back to the Planning Canmission. Mr. Harris agreed and stated that maybe he and Mr. Boardman could sit down and try to work something out. • MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to continue discussion on Proposed Changes to Chapter 205. Zoning. Upon a voice vote, all voting aye, Chairperson Aarris declared the motion carried unanimously. , 6. OTHER BUSINESS: A. Northtocun Corridor River Crossing Ms. Hughes stated she would like to alert the Commission about this item. The Parks & Recreation Commission was aware of it and were going to iollow up on it. She stated that MnDOT, Dletropolitan Council, Anol:a County, Hennepin County, and some neighboring communities have been involved in the study of the Northtown Corridor and the crossing . of the Mississippi River. This study saas entitled, "First Level Evaluation of Alternatives of Thoroughfare 610" dated February 1979 and prepared by Bather, Ring'rose, & Wolsfeld (BRW). Ms. }iughes stated the consultant had an informal hearing in Coon Rapids on June 11. One of the alternative crossings of the river was going across at 85th Ave. in Fridley, the southern route. This crossing would come very close to North Partc. Ms. Hughes stated that the Parks & Recreation Commission would like to ask the City to look into Lhis situation in much greater detail and to find out cahat is actually happening. Thcy were really asking the City to join in the study, if tliat caas stili possible. 1I J PLANNING Cdb1MISSION MIiPTING JUNE 20 1979 PAGE 11 Mr. Langenfeld stated he thought it was strange that the City did not know about the meeting until the very day it took place, Ms. Hughes stated that what had happened was that sometime in the past, Fridley had made the decision not to join in on this particular review. Mr. Langenfeld stated L-hat the Environmental Quality Commission talked about this at their meeting on June 19, and they came to the conclusion that Staff would evaluate the EIS and all the on-crnning procedures and inform the Environmental Quality Coimnission accordingly, rather than the EQC making decisions on piecemeal information. Mr. Boardman stated that from what he understood, there were actually three alternatives; a northerly crossing, a southeriy crossing, or no crossing. None of these alternatives actually came within the City of Frfdley's land per se. The soutlierly crossing goes north of Breckenridge Island and connects either into the new realigned Highway 10 or the old Highway 10 north of the Northtown area. The concerns the City may have is what the environmental impacts of that southerly crossing will be on Fridiey as far as noise pollution, and an EIS has not yet been done on it. Mr. Boardman stated that he and Mr. Qureshi were involved in the Management Task Force in the Northtown Corridor Study in 1974-75. They had opted out of the continuing Task Force, primarily because all the access points and all of the Land acquisition was taking place in Coon Rapids, Blaine, and communities to the west. The Task Force would have involved a city expenditure of cost for hiring the consultant. They felt at that point in time that the City did not real.ly need to get involved in the actual hiring of the consultant �ahen rridley was not going to be affected by any acquisition of City property. That decision was made because the corridor area was going to go north of rridley. What they should do now is just keep very cLose tabs un the thing and keep a close watch on the EIS. Mr. Boardman stated there was also a concern expressed by the Environmental Quality Commission about the new alignment of Highway 10 just north of the old Highway 10. That is in the process of an EIS. Within the EIS, the Department of Natural Resources was talking about the disruption of wetlands and how it is going to affect the two creeks off of which the wetlands feed. One of L-hese creeks is Spring Brook Creek. So, the City is very concerned about that EIS. Mr. Langenfeld stated he gets rather upset with the Department of Natural Resources because of the conflict with them over the wetlands in the North Imisbruck area v:rsus laws, etc. He really felt that the Planning Commission should think about a statement made at the Last Environmental Quality Commission that, in the event the City did not get involved in preliminary hearinbs, they could lose scope and a few other essential grips on whae is talcing place. He really felt the City should become involved almost yesterday. • �E IC PLANNING COt�[MISSION Mfi.IiTINC JUNii 20 1979 PAGT3 12 Mr. Boardman stated he felt it was very difficule at this time for the CiCy to get into the Management Task Force because of the expenditure of monies and that type of thing. That was tlie purpose of the Management Task Yorce. He thought the main involvement should and will come in evaluating some of the things that come up, Ms. Hughes stated she just wanted the Planning Commission to be aware of this problem and to be ready to follow whatever information comes from Staff. ----------------- Mr. HaYris stated that the Planning Cormnission had the information requested from Staff on the Nitschke request for a three-unit townhouse development. The Cit-y Council has asked the Planning Commission to examine that and give them a new set of proposals for a possiUle ordinance change and how to handle any further requests of that kind. Mr. Boardman stated he thought the City Council had tabled the Nitschke request and sent it back to the Planning Commission for further study on all types of issues Like this. He stated he o�ould probably want to sit down with the city attorneys to see what can and cannot be legally done as to restricting property use. . Mr. Harris stated this whole subject should again be put on the P12nning Commission agenda. ADJOUP.NTtENT ; MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Harris declared the June 20, 1979, Planning Commission meeting adjourned at 11:20 p.m. Respectfully submitted, � ,� t. , Lyn Saba Recording Secretary CITY OF FRIDLEY �' � � ` aPr�ais co�sslorr �rirrc - ,� i2, 1979 cara. To ox��: Vice Chairwoman Gabel called the June 12� 1979� meeting of the Appeals Conmmission to order at 7:40 P.M. ROIS, CALL; Members Present: Mr. Plemel� Mr. Kemper� Ms, Gabel� Mr. Barna Members Absent: Ms. Schnabel Others Present: Mr. Clark� Cominunity Development Administrator 1. APPROVE APPEqi,S CONIMISSION MIN[TI.'ES: MAY 15 1979: MOTION by Mr. Barna� seconded by Mr, Ylemel� to approve the I�y 15� 1979, minutes of the Appeals Commission. Mr. Barna stated that on pa�e 8, the £irst lar�e paragraph� the second sentence Prom the end� the word "missin�" should be changed to "not seeing", Ms. Gabel stated that on page 20� the sixth p�ragraph� the words "in that area" should be added to the last sentence in that paragraph. UPON A VOICE VOTE� ,9I,I, VOTING AYE� VIG'E CHAIRWOMAN GABEL DECLARED THE MINUPES APPROVID AS CORRECTED. 2. MOTION by P•k, Kemper� seconded by Mr. Plemel� to open the Public Hearing. UPON A VOICE VOTE� ALI, VOTING AYE� VICE CHAIRWOMAN GABEL DECLARED THE PUBLIC FtEAR2NG OPEN AT 7:45 P.M. Mr. Thomes Langseth came forward and stated he was representing the Graves ComPaiiy. Ms. Gabel read the Administrative Staff Report as follows: PAGE 2 4 �� pPPEALS COMM:CSSION N�E'PING�NNE 12, 1979 - , ADIdINIST3U�TIVE STAPF REPORT 5701 University Avenue N.E. 1 Ti. � PUBLIC PURI'OSE S�RVED BY RB9DIR13t4INTS: 205.103, 4A, #1, requires that permitted buildinqs and uses except .. automobile parking and loading spaces, driveways, essential service, walks, and p�anting spaces shall not be closer to any public right of way than 35 feet-. A setback of 20 feet is required for off street parking. Public purpose served by this requirement is to maintain adequate setbacks for aesthetic open areas around commercial structures. 205.104, ].�, �kl, pr.ohibits off-street parkir.g in any portion of the required 20 foot fmnt yard. Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right of ways. B. STATED HARDSI�IP: Bnilding site is bordered on th.ree sides by streets C. ADI�SINISTRATIVE STAF'P REVIES4: The site is bowided on three sides by public right of v:ays which does render the siie very difficult to build on with a commercial building and still provide suffi_cient parking without some Code variances. The staff has no stipulations st would recommend if the Board recommended the approval of ihe variances requested, . Mr. Langseth gave the Co�issioners a copy of the plans. Ms. Gabel asked Mr. Clark wby there were two dif£erent drawings? Mr. Clark stated that the petitioner� Mr. Langseth� had talked to the Planning Department that morning.. A change was made in_the size of the building. The drawing in the agends indicated a building size oi 90 x 40. The drawing they brought in this morning showed a size of 110 x 45 and was later reduced to 108 x �+3, They building they should consider here would be 108 x 43. The only variance afPected would be the one on the :,outh and it would reduce that one from 17 to 15. So� instead o£ reducing the parking setback Yrom 20 to 17 feet as stated in the notice� it would reduce it from 20 to 15 feet. Ms. Gabel stated that she thought that would require another notice. APPF.ALS COMMISSION MEE"PING, JUNE 6, 1979 PAGE 3 4 �� Mr. Clark stated that he understood that Mr. Boardman had talked to the City Attorney about this. If they have an existing condition, and right now the existing condition is zero, and as long as the new condition is more than what is presentl,y there� they would not need e variance. Ms. Gabel stated that she would still question this because they had never done this before. She noted that this woul.d be going to Council and suggested they ask Mr. Herrick for a legal opinion on this before it goes to Council. Mr. Langseth stated that the plans were close to what was proposed snd also stated that they do meet the code requirements for the parking and for the drive-throughs. They increased the size oP the building strictly from an economic stand point. He stated that as far as the variances go, the onl,y one a£fected was the one Idr. C].ark had referred to. Ae also stated that they don't have bumper to bumper, in other woxds� the two rows of parking would go to the berm. Right now� the asphalt does go to.the property line and they would create a berm that would be landscaped and would be in line with what's on the other side of the property. Mr. Boardman mentioned today that at the existing opening there is present],y a median and he suggested that when the new service road comes in around the future Super America Gas Station� they move their ingress and egress to that point also. This would avoid traffic problems. Ms. Gabel asked if the new size of the building would stay under the 4�, lot coverage requirement? Mr. Langseth stated it would. The lot is 19�000 square Peet and the building would be 4�64�+ square feet. The lot is 175 x 120 square feet. Mr. Plemel asked if they were going to tear down the existing building? Mr. Iangseth stated they would tear it down. Ae stated that everythin� would cone down and it would be a decorative lot. It presently is designated as office-retail, but they do not have a definite tenant at this tivae. Ms. Gabel asked wk�y 57th Place was the front yard when the narrow side of the lot is supposed to be the front? Mr. Clark stated that they couldnTt get access off Highway �+7. He also stated that on double frontage lots it states they must have 35 feet off both streets. Mr. Iangseth stated that in this case� they were bounded on three sides by streets and if they had to go 35 feet on all three sides� they would not be able to put a building there. He stated that what they tried to do off the service road is create the best possible image. Mr. Clark stated that it wouldn�t make any difference because they still have to be 35 feet to the building and 20 feet to the p$rking. Ms. Gabel aeked if they had ar{y tenantsT APPEALS CONB�ffSSION MEETING, JifiIE 12, 1979 PAGE 4 40 Mr. Langseth atated they did not have ar{y definite tenants, but were talking to people. The Wenchell Donut proposal Yell through. They were looking at office-retail and would meet the parking requirements. In other words� they covldn't have a 140 seat restaurant. They would have more than enough parking Por a 36 seat Mr. Donut and the rest offices. That is their intent at this time, If they uaed al.l the space for o£fice� they wou]d definite�y have enough parking. Ma. Gabel asked if the rezoning would be G2S? Mr. Clark stated it would be C-2. Mr. Langseth pointed out that only one lot was involved in the rezoning. The other three lots were already C-2. Ms. Gabel asked if the pink house would be part of this? Mr. Langseth stated it would not and that the pink house had 3z lots. He stated their idea was not to put something there that would be sbrasive� but� considering the lot� they would put something tMat would be economical],y feasible. Mr. Clark asked if they could funetion without the egress onto 57th Place. Iie stated there was a problem with people driving through the exist3ng station even though it is posted that they shouldn't. . ' Mr. Langseth stated that they way it would be desi�ned with the berm and the side- walk� they would not be able to drive straight through� they would have to make a jog of about 60 feet to get back out onto 57th Avenue. The one problem they would have is with a tenant on the end� that tenant would prefer facing University Avenue and would like their door on the west side. It would be an asset to have an in and out there so there would not be congestion for the parkers. What might happen is that the west side parking would become congested as far as in and out goes. They would have to take what is possible and the best thing for the building would be to leave t1�at open and deal with the traffic problem by moving, as Mr. Boardman suggested, the opening to direct line it. There is almost 175 feet on the east line of the property. He noted there was a curb on the west end of the sauth parking that is the length of a vehicle. If they went around there� it wouldn't be like it is now. From their standpoint, it would be better to leave it open, but if it becomes a problem, that would be different. If it were all o£fice space� there probably wouldn�t be a�y reason to leave it open� but if they have a tenant like I�. Donut, they would want it open. Ms. Gabel noted there were only 21 parking spaces and asked how the rat3o was fig�ed? Mr. Clark stated that the ratio for a restaurant they required i stall ior every 4 seats and for an office they required 1 stall for each 250 Peet of office spsce. So� for a 36 seat restaurant, they would need 9 stalls� and £or a building o£ this size for o£fice� they would need 12 stalls. Mr. Langseth noted that 20� to 25� of the of£ice space would be used for storage� etc, APYEAIS COMMISSION MEEPING, JUNE 6, 1q79 - PAGE 5 � P Mr. Clark reminded Mr. Langseth about the restroom requirerrente. Mr. Barna asked Mr. I.angseth if they would try to have leases signed on all three sections before they begin constructionY Mr. Langseth stated he was not sure� but no matter what, they were proceeding. Ae noted they had put about 100 hours work so iar into this. Ms. Gabel noted that they would have to keep in mind tbat they only had 21 parking stslls and there was no more room available to expand the parking. So they would have to find tenants that would be compatible with the availabJ.e parking. She also stated that she was concerned about the opening� and asked.. if they could label one o£ the opening� as an exit on7;y? .'. Mr. Barna stated that most people would not try to exit on 57th because oY the traffic. Ms. Gabel asked if the Engineering Department had looked at thisY Mr. Clark stated that it went through their office� and their comment was that when the service drive is located going south� the driveway oif 57th would line up. . Mr. Langseth stated tk�at in regar3s to backing up and getting in and out, there is more than adequate space available for mobility in the parking lot. They met the code and were looked at by Mr. Boardman. He also stated that i£ they changed the access ofP 57th Avenue� it would kill the deal. They must have the opportunity to get in and out on 57th Avenue. i�. Barna asked if Mr. Donut would have a service window on the west side? Mr. Langseth stated they would not have a service window. Ms. Gabel asked if they would have a free standing sign or if the building would be signed? Mr. Langseth stated that he understood they could have a PYlon sign which waxld handle all three tenants and also the buildings would be signed. Mr. Plemel asked if they would use the existing sign7 Mr. Langseth stated they would take that one down and the new one would be in the green area. He stated they would have to follow the guidelines of the City. Ms. Gabel asked about the existing lights? Mr. I,angseth stated they would come down also. Mr. Barna asked about the underground tanksY Mr. Clark stated they would have to be either removed or Pilled with sand. APPEALS COMMISSION MEETING JUNE 12 1979 - PAGE 6 : �i,Q Ms. Grace Mathisen� 3k8 - 57th Place NE� came forward snd stated she was concerned about the trafPic. Ms. Gabel explained the plan to Ms. Mathisen. Ms. Mathisen asked how much distance there would be between her property and the building7 Mr. Clark stated there would be 15 feet from the building to her property line and 5 feet from the parking to her property line. Ms. Mathisen asked if a road would boarder her property? Mr. 7�en�seth stated that no road would boarder her property. Ms. Mathisen asked if the fence would be on their property line? Mr. Clark stated it could be within 6 inches of their property line. Ms. Mathisen noted there was a slope there and asked if a retaining wall would be there. Mr. Iangseth stated it would be properl,y landscaped and if a retaining wall were necessary they would do that. FIe stated that the building would be appealing and so would the Iandscaping. They would meet the ctandards. Ms. Gabel stated that the grading and landscaping would be inspected by the City. Ms. Mathisen asked where the.restaurant wou].d be7 Ms. Gabel atated the restaurant would be the tenant farthest Prom her house. Ms. Gabel Asked Ms, Mathisen if she had aqy objections? Ms. Mathisen stated that she did not want her property damaged in ux�y way. Ms. Gabel stated that the City Inspectors wou].d make sure it would not be. Ms. Mathisen asked about the lighting? Ms. Gabel stated the lighting would l�ave to follow code and would not be shining directly on her property, She asked �. Iangseth about the trash container and if they would have a dumpster outside and where it would be located? Mr. Langseth stated he was not sure where it would be located� but they would follow the guidelines. It would be screened. The original drawing indicated it would be an enclosed structure with doors. He stated they were aware she was the neig2ibor and would do all they could to make it nice. APi'EAIS COMMISSION MEETING, JUNE 12, �979 PAGE 7 � MOTION by Mr, Ple�el� seconded by Mr. Kemper� to close the Public Hearing. UPON A VOICE VOTE� ALL VOTING AYE� VICE CHAIRWOMAN GABEL DECLARID Ti� PUBLIC I�ARING CLOSED AT 8:30 P.M. Mr. Plemel stated that the firm had the interest oP the neighborhoal at heart and it would be a nice building� better than w?�at is there now. Mr. Barna stated that he £elt it would be an improvement on the site and would iaiprove the existing traffic situation, Mr. Kemper stated that his only concern was the variance they were acting on was not the one on the public notice. He had no objection to acting on it� but felt Council should be aware that the var3ance was difierent and would 13ke Mr. Herrick to give an opinion on that at the Council meeting. Ms. Gabel stated she had no problen and felt it would be an improvement. She felt it would be better if they kne*a just what kind oP tenant tY�ere would be� but that was not possible at this point. MOTION by Mr, Kemper, seconded by Mr. Barna, to recommend to Council approval of the variances as follows: 1)reduce the building setback from the street right- oi-way from 35 feet to 15 feet� 2) reduce the parking setback from street right- of-way from 20 feet to 15 feet from the north property line� 3� to reduce the parkin� setback from the street right-of-way from 20 feet to 5 feet on the west property line� and 4) to reduce the parking setback from the street right-of-way from 20 feet to 15 Yeet on the south property 1ine, to allow the construction of an office building at 5701 University Avenue S7E. Council ehould note that the 4th variance wac approved different]y than was indicated in the Public Notice. The Public Notice indicated a reduction o£ the parking setback from 20 feet to 17 feet. Council and Mr. Herrick should act on that change. UPON A VOICE VOTE� ALL VQTING AYE� VICE CHAIRWOMAN GABEL DECLARED THE MOTION CARRIID UNANIMOIFLY. Ms. Gabel stated this would go to Council on July 9th. 3. MOTION by Mr, Kenper� seconded by Pdr, garna, to open the public hearing. UPON A VOICE VOTE� pld, VOTING AYE� VICE CHAIRWOMAN GABEL DECL61EiED TfIE Pi]BLIC IiEARING OPEN AT 8:�+0 P,M. Ms. Gabel asked Mr, Nedegaard to come forward and read the Administrative StaPf Report as follows: � 1E S ADMII7ISTF271TIVS STI�I't�` R�POI2T 111-45th I�venue N:E. A•: PUBLIC PURPOSE SERVliD BY R�QUIREF9lNT: Section 205.053, 35 feet. 4A, requires a front yard seLbacY, of not less than Public purpose served by this requirement is to allow for off-street parking without encroaching onto the public right of way and also for aesthe:ic consideration to reduce the "building line of sight" encmachinent into the neighbor's front yard, B. STATED H11RpgI1Ip; "We need additional room for the family as the children get older and require more space," C• ADt4INZSTRAT2VE STAFF REVZEW: This house is located on the corner of 45th Avenue and 2nd Street with the house facinq 45th Aveuue. Technically the front yard is on 2nd Street as it is the sl�,or..test side of the lot. T'i�e garage is exiting onto 45th nve�iue so there o�ould be no encroar.tnnent into the }ioulevard area for parl;ing with t1-,is addi.tion. The house t:o t.he north of this lot is facing 2nd Street and is set bacY, the requirc3 35 feet but there is approximately 38 feet between the addition and this sL-ructure to avoid reducing the "line of signt". Mr. Nedegaard gave the Coffinissioners a c�py of his plans. Ee stated that he faced 45th Avenue and would like a 10 foot variance which would make it 25 feet off 2nd Street rather than 35 feet. Ms. Gabel stated that even though Mr, Nedegaard faces 45th Avanue� 2nd Street was em sidered the front yard because it is the narrow part of tl:e lot. She noted that it was a nice house and well kept. Mr. Clark stated the house across the street had done the same thing. Ms. Gabel asked if the hedges were on his property7 Mr. Nedegaard stated that some oP the hedges sat on his property� but they belonged to his neighbor. Th�y would remain there. Ms. Gabel asked if the big tree would remain? Mr. Nedegaard stated it would. He also stated that the garage was in the front of the house and it would not look like an addition. Mr. Plemel asked if he was expanding the living area? APPEALS COh�2SSI0N MEETING, JUP� 12, 1979 - PncE q 4 T Mr. Nedegaard stated he was e�cpanding the size of two of the bedrooms and addittg one. Ma. Gabel asked if he would have a full basement under the addition? Mr. Nedegaard stated he would. Ms. Gabel noted that the picture indicated there was a'line of shurbs and a tree in the neighbors yard� so they would ttot be able to see the addition at all. So� in terms of visual encroachment� there would be none. Mr. Plemel asked if the other houses to the north were at 35 feet? Mr. Nedegaard stated that the next two were 35 feet� but from there they were sta�gered. Ms. Gabel noted that there would be no problem at the corner with the sight line. 5he asked about the roof line and the siding. Mr. Nedegaard stated that he would be doing the construction himself and the roof line would tie in with all new roo£ing and the siding would be the same. There were no comments Prom the audience. Mr. Barna asked if the people in Columbia ileights were notified. Mr. Clark stated that they sent one notice to the City Hall and it was up to them to notify the neighbors. Ms. Gabel asked if Mr. Nedeg�ard had talked to the neighbors across the street? Mr. Nedegaard stated he had not.� N�TION by ?�Ir. Kemperr seconded by Mr. Plemel� to close the Public Hearing. UPON A VOICE VO'FE� ALL VOTING pYE� VICE CHAIRWpMAN GABEL DECL�RED TI� PUBLIC HF.EIRING CIASID AT 8:50 P.M. MC7PION by Mr. Barna� seconded by Mr. Plemel, to approve the request ior variance pursuant to Chapter 205 of the Fridley City Code� to reduce the front yard setback from the required 35 feet to 25 feet to allow the construction of an addition to an existing house at 111 45th Avenue N.E. UPON A VOICE VOTE� pLi, VOTING AYE� VICE CHAIRWOMAN GABEL DECLARED TFIE MOTION CARRIID UNANIMOUSLY. Ms. Gabel informed the petitioner that he was £ree to get his Building Permit. �. VARIANCE RER(1EST PURSUANT TO CiiAPTER 205 OF THG FRIDI�7C CITY CODE, TO pLLpW � ••,.+. »Y��. — PAGE T n �{ U MOTION by Mr, Barna� seconded by Mr, Kemper� to open the Public Hearing, UPON A VOICE VOTE� qIy VOTING AYE� VIC� CHAg?WpMq� Gpg�, D��D THE PUBLIC HEARING OPEN AT 8;51 P.M, Ms. Gabel asked Mr, Videen to come forward and read the Administrative StafY Report as followa: ADMINISTRATIVE STAFf REPORT- 5614 - 4th Street N.E. A. PUBLIC PURPpSE SERVED DY REQiJIREMENT: , Section 205.073, E1, requires that no off-street parking shall be located in the required front yard, Public purpose served by this requirement is to reduce visual pollution in the front yard. Q. STATED'HAP,DSHIP: The property has no on-site parl:ing at this iime. The property has been sold und FHA requires that an on-site parking area be provided. C. ADMINIStRATIVE STAFF REVIEW: The structi�re ori this 40-foot lot has a front yard setback of approximately 30 feei and the a11ey in this blocl< tioas vacated _ prohibitino off-street parking from the alley. The only feasibTe wa.y to get the parking off the street and on ta the property would be to allow parking in the front yard. Mr. Videen showed the Commissioners a copy of a picture taken of the area and pointed out that he had no access to the rear yard. He would like to put a 22 foot by 10 foot driveway along the south property line. What he would like to do is get the curb cut. He stated there was on]y j feet on each side of his house. Ms. Gabel agreed there was no access to the back yard and noted that the alley was vacated which eliminated access ittto the back. Another house had a�arage which could not be used because of the alley being vacated. Mr. Kemper asked iY those people had used that garage? Mr. Videen stated that as far as he knows there has never been a car in tk�t garage. ' PAGE 11 Mr. Videen stated he had sold the house and the people byying were getting an 1, V FEA I.oan. FHA won�t 8pprove the loan unl,ess he can provide off-street parkin�. Mr. Barna stated thr,t all they were really doing was legalizing an existing situation and allowing him to pave what he is presently using and to request thE curb cut. He stated there was no other wqy to park on that lot. He asked what the clearance was from the house to the lot line on the south side of the lot? Mr. Videen stated it was about 3 feet. Ms. Gabel asked what the requirement was between the paved area and the lot line? Mr. Clark stated there was no requirement but usu$l�y they reco�nended 3 i'eet. Mr. Videen stated that he wovld like to keep it as close to the lot line as possible ac it is in the front yard. Mr. Barna asked iY it would be blacktop or concrete? Mr. Videen stated that all the driveways in the neighborhood with the exception of two were dirt or gravel. Ms. Gabel stated they had a new code that required a hard surface. Mr. Videen stated that he intended to put gravel on it, but if a bard surface was required, he would have to do that. Ms, Gabel stated that they required a hard surface, Sre asked if 2�x. Clark had a�y idea haw the alley was vacated? Mr. Clark stated he was not 'sure but a vacation is normaLly requested by the people living there. Also� notices are sent out. Mr. Videen stated it was vacate8 in 196�+. Mr. Paul Videen came forward and stated that he ��as the petitioner�s father. He stated that his compa�y was the fee-owner of the proper.ty and they haye not been receiving notices of public hearings regarding this property, Also, they did not receive a notice oP the vacation. They did not receive a notice of this hearing either. They were paying taxes on this property. Mr. Kemper stated that the notices were sent frc�m the tax ro11s. He stated that the address probably got the notice for the vacation. Mr. Barna stated that in talking about the properi:y north of 57th Avenue, they were talking about a service drivt east o£ it and asked where it would come in1 Mr. Clark stated it would be between the buildings, and they still couldn't get to the back of the property. APPEALS COMMISSIOPI MEETING, JUNE 12, 1979 ,_ PAGE �� Ms. Gabel stated that she had talked to the owner of the house next door and he had no problems. Mr. Plemel asked where he parked7 Mr. Gabel stated he had room on his property to get to the rear. Mr. Plemel stated that he felt Mr. Videen had a real hardship. Mr. Kemper stated that he was concerned about the notices. Mr. Clark stated that the contract purchaser should be notified and the occupant would be notiYied as long as he was homesteading the property. A renter norma].],y would not be notified. Mrs. Lois Videen� the petitioner's mother� stated that the sddress was notified of the vacation� but apparent],y the person who was rentin� there at that time did not tell them about it. Mr. Plemel stated that the taxpayer address and the property address would be notified, Mr. Clark lobked it up and stated the notices were delivered door to door, Mr. Videen asked if the driveway could be 10 x 22 rather than 10 x 25 in order to save the tree. He understood that 10 x 25 was code. Mr. Clark stated that 10 x 20 was code aad there would be no problem with that, Mr. Barna asked if he didntt have to stsy so far away from the bui.lding7 Mr. Clark stated that they should try to stay 5 Peet away, but he had enough room here. ll LJ Mr. Kemper asked if the 25 feet included the boulevard? Mr. Videen stated it did not. Mr. Clark stated it was a 10 foot boulevard. Mr. Kemper stated that he woul,d then pave the 10 foot boulevard plus another 22 feet? Mr. Videen stated that was correct. Ms. Gabel asked if I�. Videen would need a bumper stop or something at the end of the &riveway? Mr. Clark stated that he would be eight or ten feet from the house so he didn't think that wou].d be necessary. APPEAIS COMMISSIQN MEETII�LJUNE 12, �979 PAGE � Q � Mr. Clark stated that they didn�t ask 4or variances for the front yard aetback� etc. on this 40 £oot lot. He stated they did tlxat intentional]y because it is a legal non-conforming use and if asked for the variances� it would be very difficult to deal with them. The intent of the caie is that a legal non-conformi.ng use like this� if the house is destroyed� the lo'ts co�ply. Mr. Plemel asked when this house was built7 2�. Paul Videen stated it was built in 1947. I�TION by Mr, Kemper� seconded by Mr, Plemel� to close the Public Hearing. UPON A VOICE VOTE� ALT, VOTIPIG AYE� VICE CHAIRWOMAN GABEL DECLARED TAE PiIDL2C HEARING CIASED AT 9:12 P,M. I�'PIQN by Mr. Kemper� seconded by Mr, Plemel, to reco�end to Council approval of the variance request pursuant to Chapter 205 of the Fr3dley City Code� to allow off-street parking in the £rant yard of a single £amily dwelling in R-3 zoning� (Multiple Dwellings)� the same being 5614 ��th St�eet NE. UPON A VOICE VOTE� ALL VOTING AYE, VICE CHAIRWOMAN GABEL DECLARED TfIE MOTION CARRIED UNAiVIM0U5LY. Ms. Gabel informed the petitioner that this would go to Counci7. on July 9th. 5• MOTION by Mr, Barna� seconded by Mr, Keraper� to open the Public Hearing. UPUN A VOICE VOTE� AIS, VOTING AYE� VICE CHAIRWOb1ATd GABEL DECLARED THE PUBLIC AF.ARTNG OPEN AT 9:15 P.hI. Ms. Gabel noted that the garage was attached� not detached. She asked the petitioner; Mr. David L. Philiips, 6565 Pierce Street NE, to come forward and read the Administrative Staff Report as follows: AAM7NISTRATIV� STAFP REPORT 6565 Pierce Street N.E. A. P[7BLIC PURP0.GE SERV�D BY REQUIREM.�]T; Section 205.053, 4B, #4 , requires a side yard setbuck of 5 feet on an attached garage . � Public purpose served by th.is requirement is Lo prov.ide space between individual structures to reduce coiiflagration of iire, to provide access to the rear yard for emergcnaies, and to limit the conditi.on of crowding in a recidential nei.ghborhood, r. e, APPEALS COMhLCSSION MEETING, J[JP� 12, 1979 PAGE 1� 4 Y B. STATED HARDSIIIP: "We wi�h to change a one stall garage to a L.ao stall garage as one car has to sit out and is aged much faster than normal." C, ADMIIJISTFtATIVL•' STAFF REVIEW: The existing attached single car garage is 10 feet from north property line,and they wish to add on a 7 foot garage addition that woul3 be only 3 feet- from the line. The neighbor's house to the north is 29 feet from the coRUnon ].ot lineP which cvould leave more i:han the ]-.�. faot minimiun requirement between adjoining garage and living areas. Mr. Phillips stated that they had a suxvey of the neighbors house and he gave the Co�mnissioners a rough sketch of the praposed addition. They took the survey and measured 29 feet to his lot line. He stated that before he �ovght the house there was a shed there and there �rere several 4 x k posts on the lot. Wh°n he moved there� he tore down the shed and he nei�hbor.asked if he could put a fence on the existing posts� so the £ence is about 6 inches into his lot line. It is 9 feet- 4 inches from the existing garage and 10 feet �+ inches to the lot line. Ms. GaUel asked if the fence would be re�oved? Mr. Phillips stated he would leave that to the option o£ the neighbors. I? the neighbor wanted to move it over to his pro�erty iine or remove it� that wculd 'oe fine. Mr. Phillips stated that he might hsve to dig it up and move it over� but that would be up to the neighbor. Ms. Gabel asked how big the addition would beY Mr. Phillips stated that the existing garage door is 9£eet wide and a double �arage door is 16 Peet wide� which would be a 7 foot diffexence. He was plannin�. on moving the garage out 7 Yeet. The existing garage wall is 10 feet 4 inches frwn the property line and if they move it out 7 feet it would be about 3 feet 4 inches £rom the property line. Ms. Gabel asked what the total size of the garage wauld be? Mr. Phillips stated it would be about 21 x 26. The garage is the entire width and length o£ the house. Mr. Plemel stated tHat it still wnuldn't be over]y wide? Mr. Phillips stated that he has one small car and one regular size car and the #,rend is toward small cars. The garage is 2( feet long so there would be ample space Yor storage in the rear. He stated tk�t A similar garage was added to the house two doors away. APPEAIS COI�LCSSION MEETING, J'IJNL 12, 1979 - PACE 15 4 z Ms. Gabel asked Mr. Phillips if he had talked to the peaple at 6581? Mr. Phillipa stated he had talked to them and they had no problem. Their house sits quite e ways away. Ms. Gabel asked if he would do the work himself? Mr. Phillips stated that he would do part of it and have a contractor help. Ms. Gabel asked if he would tie the roof line in and also asked what he would do about the siding7 Mr. Phillips stated that the contractor would help with the roof line and it wou7d tie in. He planned on repaintix� the house and the garage when this is done. Ms. Gabel stated tk�at his plan would meet the intent of the code. She asked if they had talked to any other neighborsY Mrs: Phillips stated she had and they had no problem with it. There were no c�r,ments from the audience. MOTION by Mr. Ple�l� seconded by Mr. Barna, to close the Public Hearing. UPON A VOICE VOT1�',� ALL VOTING AYEy VICE CHAIRFdOMAN GABEL DECLARED THE PUBLIC iiEARING CLOSID AT 9:25 P.M. Mr. Plemel stated that he did not see a�y problem with this. MOTION by Mr, Plemel, seconded by Mr. Barna� to approve the request pursuant to Chapter 205 of the Fridley City Code� to xeduce the side yard setback for an attached garage from the required 5£eet to 3 feet� to allow the construction of an addition to an existing garage at 6565 Pierce Street NE. UPON A VOICE V07�� AI,I, VOTING AYE� VICE CHAIRF70MAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. . Ms. Gabel informed the petitioner that he Was free to get a Building Permit. 6. ar� svszr�ss: . Ms. Gabel stated that in the past•whenever they have changed a variance to more� they have alw�s had to renotify and sometimes have tabled a petition until 3t was renotified. She stated that a non-con£oxaing use does not �o with the property and here they were tearing down the building and starting from scratch. Mr. Clark stated that he understood that because it was an existing ccmditien oP zero lot line and they wanted to increase it to 15 feet� a variance wouldn�t be necessary really. The paved portion of the lot is on the lot line. This creates a zero lot line. 6 � .• � ,r � , ` " Variance - The Graves Co. f . `, �L , 5701 �fJniversity Ave. ; . � . • � ' . . . . �.� /,�� . . i . / 1 . 1 . 1 ! I r `� � f _ . , �i , 4 BB . ., �� •. \ . � • . L_.,. ` �_ :.+�+-•l/1-_"r- ;"''1'4. ^T:;:.y_'.=_'"' �Y ,'"'�' r..'�.� •Z,��-+�- ,);�:c*- t �' . . . . . _ �fi .. � . . 'N:.;`; � •� � 1 � �T�.�f' • J . . . a. , � . . . • . . . . . • r.S�r, .. �1 . . . ."` �!•, ' � ' �. ' •' i . . .� ' � ' . r'i . . . .. � 1 . . � .. .^,. . . . � ' .r ` -1 . 'i'. ' , ' J.. . . . ..a,. . . .. � , - �i. � . . 'i� �• � .. i t1' . .-,: .: . . . _ .' . . � . 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' ± � . . . . . . - ." ��` ._1 _ �. _ : . .; . �: - :: =��-� . _ _. . , . . .. - � � . ur= ._ ._ _.. , . . , � , �� . ; ' ° � 57 TH. � ,00 : 3= ". ,.� y : AVE. _ , _ ;56fj9 `• ,o�__ ,.�. : << .�,< < :b � $6,44 ` 56�5 � 5648 �g�'F9 - I 1, . 5G3 8 ' y. .. z, � ' r ' � . 66L -� , , 1 � � 56�I.9 . j� 5616 �� 5�41 ,� 562 6- 5639 � `�� , s`�55 ---` �. ;. 56tg :: .. . lr ., . � '- � 567s : I � y ' 6�4�- '5643 5614 . 56z9 : .,s I : iy , .. : . O �� q 5625 � i r i 1 -�; � 5615 5(i I 2 rr e' i • (..p, rs6og 5613 _,• 561� j (� - ` � _ 0 : � t7' c • \ ,; � � Sboi . �: � Sbo9 /I x_ �\, ,-' :___ _ .a `n _Sbo� . I ., •• " ., � l�- " `.r` �.i.'( « .,.'.. �: I : �� \:k�:�: � �� `� 6 TH. AVE - - I � � : �� ss ., ... ., ... . . � \ �,�<< SSSO � 35-` i - , r � o , 5 . ; . � `- �•�\ �c -, 4 ' , ,, �-� 5�t� � . . r� �. `��w � '�,' . = .�, n , ,. , � , 56�32 , 5b�o - 562 $ 15 6 � 561g9 2p 561�-�q s � Ij5590 ' � 5550 55,30 N.E. � 56b� 565 � 56d S 63I 56� ( �-: 56ii N 5601 .. ; �`jN•�' ": f'"'i`.:� -----f F�--- OROINANCE N0. AN ORDINANCE ESTABLISHING NEW CHAPTER 107 OF THE fRIDLEY GdTY CODE ENTITLEU FI�EDEPARTMENT AND REPEALING PRIOR CHAPTER 107 ENTITLED FIRE DEPARTt4ENT THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 107.01 Creation CREATION There is established in the City of Fridley a Fire Department consisting of paid and volunteer members. The officers of the Department may consist of, but are not limited to, a Chief, Deputy Chief; one or more Assistant Chiefs and three or more Captains. There shall be not less than twenty- five (25) and not more than forty (40) firefighters. 107.02 Fire Chief FIRE CHIEF The Chief shall have control over all of the fire fighting apparatus and shall be ultimately responsible for its care and condition; shall assume command and responsibility for a fire when on the scene; shall supervise investigation and determiniation of fire cause; shall supervise the training and discipline of Fire Department personnel and shall enforce fire prevention laws and safety regulations. 107.03 Fire Prevention PREUEP7TI0?J The Fire Department shall provide Fire Prevention services in accordance with Chapter 108. 107.04 Training TRAINIPIG The Chief shall appoint an Assistant Chief as Tr•aining Officer who shall guide and work with the Captains in the instruction of the firefighters in improved methods of firefighting and fire prevention. 5 � �1 107.05 Records RECORDS The Chief shall keep in convenient form a completed record of all fires. Such record shall include the time of the alarm, location of fire, cause of fire, if known, type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and such other information as the Chief may deem advisable or as may be required from time to time by the Council or State Insurance Department. 107.06 Deputy Chief DEPUTY CIIIEF In the absence or disability of the Chief, the Deputy Chief shall perform all the functions and exercise all of the authority of the Chief. 107.07 Membership . MEMBERSHIP The Deputy Chief, Assistant Chiefs, and Firefighters shall be not less than eighteen (18) nor more than sixty-five (65) years of age and able-bodied. Each candidate for probationary firefighter must satisfy certain minimum job related requirements of height, weight, education, and any other job- related qualifications and pass a satisfactory physical examiniation. 107.08 Forfeiture of Membership FORFEITURE OF MEPIBERSHIP All members of the Department shall attend a minimum of twenty-four (24) practice drills per year. Failure to do so maY forfeit membership in the Department. 107.09 Relief Assiciation RELIEF ASSOCIATION The members and officers of the Fire Department shall organize themselves 'into a Firemen's Relief Assiciation. (Ref. 31) 107.10 Public Office PUBLIC OFFICE Offi cers of the Fire Department who have been elected and qualified as City officials in Fridley shall immediately resign their Fire Department offices and successors shall be selected. 107.11 Prohibition PROHIBITION � � It shall be unlawful for any person to give or make, or cause to be given or made, an alarm or fire without probable cause, or to neglect or refuse to obey arly reasonable order of the Chief, or officer in charge at a fire or to interfere with the Fire Department in the discharge of its duties. Any violation of this : section is a.misdemeaner and is subject to all penalties provided for such violations under the provisions of Chapter 9p1 of this code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRI'DLEY THIS , 1979. WILLIAM J. NEE - MAYOR ATTEST: 0 MARVIN BRUNSELL - CITY CLERK DAY OF CITY Or FRIDLEY P�TITION COVER SH�ET Date Received 6�z��9 Pet3tion No. 9'1979 a object An improvement at the intersection of Glencoe Street (500 block) and East River Road which would close off access onto East River Road from Glencoe St., and would close off access to Fridley Market Parking lot (to decrease traffic flow & eliminate speeding) Petition Checked By Percent Signing 3t�ferred to City Council Disposition Date G . P E T I T 2 O N 6A We, the below signed residents of the 500 block of Glencoe Street, Petitiori the City C.ouncil of the City of Fridley to provide an i�rovanent at the intersectirn of Glencoe Street and East River Road, which woitid close off access onto East River Road fran Glencoe Stseet. In addition, access to the Fridley Market parking lot would be closed off. The i�rovenent is petitioned to decrease the traffic flva arid eliminate the speeding and careless driv�ng on Glencoe Street, as a res�it of the �rcial activity at the intessection of Fast River Road and Glenooe Street. �� ADDRESS �,�-,�� y ��=�y SsS..�1O�� S� . 0�� - �-e �� 5 7 � ��e � �--a.�,� � %�Y�a�-��. ��"""'.- e � � �� / . g � � �. s�� Q,v�, „�.�c�- , ,,��. ✓�� _�. �'Ct�,�w � �o �wo..� ��9 � � � fv� ,�� ,��.� .,� �c� .�� 8' �d,��,d.�. � ,� � . S6 S �'��a-e--� 7 � 5� 5 r��-e �, 'N � .�a 6 ��,o� --�-�" � `�'' 5 0 1 �1�ti�e. S��` e 50o C�l�c�- �33 s�� `v`�"% � ✓�-�IR O`"�`"� �d"'�'`"-i,�. �,��- � �.��%�' �a � , r � �^�� a✓✓� p� `�w°" � lJ �rti�,-Y"ri""� ��.--�.P �� S Ll lo �� ,� S� N� � C�� s3 y �� s�2� C��- S�. Sq �' �� , S � % �°�-�-.�,.�- � ,� , TELII�HCf� 78�-��99 �d'�-y��9 7�'�-�a�� 7g �- �il� 9 � �� a2c/�.. � 7�-�� g6 �� 11� 7 8 G _ �i.�/3 �q�-3�'3y �g6 ��4 -��-�a�3 7$�,3��/ �l � y -9 0� � 7 �6 _ r1a2�3 � 7�� - 3 7X-z 7g4� d:�S7 , �8G- y�i.�� »y y yo � '��- /(v,� / J , .. �.��• . .• . . .� 1. The i�rov�nent when made wi.11 be a peunanent improvamnt. 2. It wi.11 be an i�rwamnt to the street -- throuqg the public Works DePartinent. 3. Zfie expense will be spread over ten years and shared by all the resi.dents of the 500 block on Glenco�Street. 4. The total �st �LS yet has not bee.n detarmina�, 5. This petiti� wi11 be sutsli.tted to the City Coimcil of the City of Fridley and a date for a public hearing wi11 be set. 6. Yau �y be asked to s�eak at the public hearing cvnce.rning thi.s petitia�. , 6B , .�. a � . �a�� W ,,y, i �rr.•ww / tq /ow � hn „ „ q w P � � �N , 'K � 6+� • ! `Y0 S d'Ot ± ryQ .. P '� , sr w � �� e :4 � �_.. � . � � - t..�0'� S ' � � � .�� 4 � • n� ...., � � � .�� `� + � ' R ` � 4. —� . �`-��,�j ° � ° .�. .� � ^ `-*.. .+;a. ` � _ i� N m ��s � �Oti � O � '�y 4 � � �. (b � � Q ^ Z ----��- �'�� t�C�. (V _,1 P i. m• �� V t ...� :ytl� a (La !� ".O :�fN (V `• V BL , � {� .� �� w i�' i u .• •. . b"� N � �. � -wr— : o ^� � o S � �� Q = _ ° % '� i v � �N 4 O l ��m » � �' ' � C� �� Y K 0 c0 � � 'yr � ,✓ (4%y� � �j `Or ��k[ _ . . �y� �_{� f0 _ �.�. 'f.ri � � �� 1 f ��$ - Q�• r'....... ...., � +'�a� Petition No: 9 197.5 �a w° Glencoe & E:Riv�Rd. 4a . . _ i � ' e6d � , 6 Y• pl �� . �.f `I. � ,� oo� Tota} of 54 lots � A � � Own.ers of 43 lots � �.�:� signed petition o E �� e � e "'7 � � , s (6„`� � � -. ,�66�`1r � ` . ..� �'`"' �.,A tF/ �YJ/ '�Y!'��N.�h'� y . � � i- J \� 1i a, m - � _ �` � �?`. • {l� `- S � 2 Y • � t �•C T � �� aiJ � e � A t tl. �i_` � Q ` G� •� � � t i � ` J.a � � 1 � ! ~ 4 _._ t.:'. `li , � q � t V + � 1 � ..:�t:�..�• �� • �,n�, -A K� - r .,�.. t��' ~ ' " � M a s _ � , y� -,� i a _1g" � � �i1YJ�"�� ti w a ' . ' w � -: � �' `. � } . ��` ��~ "' "° f��R� �'� R 1 ��R'- S S l S S l P P l ,: i h~``'`--'-- ;�-�"�" _ _ . . _� �� JOINT pOI,IERS PURCkil�SING pGREh'MENT � , � I �� THIS AGREEMBNT is made and entered into by and between the City of Columbia �, Heighta, a municipal corporation, hereinaiter referred to as Columbia Heights, the City of Fridley, a municipal corporation, hereinafter referred. to as Fridley, � . and the Spring Lake Paxk Fire Department, Inc., a Minnesota nonprofit corporation, hereinafter referred to ae Spring Lake Park;� F � i. The purpose of this Agreement is to allow each of the parties the beaefits �� . of cooperative purchase of a necessary major appliance and to effect the savings t of duplication of effort of purchase of such coamon items subject to the terms � and conditions set forth herein. � - - R II• Fridley shall solicit and take bids for one (1) "Respiratory Air Charging j Station" including a breathing air compreasor, compresaed air cyiinders r ' I � • PiP3n�. valvea, hoses, and other appurtenances as set forth in the bid document attached ; as Exhibit A. Bids riay be solicited for the purchase of other equipment to become , � �part of the said system only upon the consent of the governing bodies of the � . �-�—�� parties to this Agreemeat. . � � j - III. Contract shall be awarded to the lowest tesponsible hidder upon approval �i of the governing bodies o£ the parties hereto. N. Each party shall pay one third 1 $' i/3) of the total costs of bidding, � contracting, delivering and installing the equipment. i �� V• The equipment sha11 be h y - y p ysicall located within the Fridle Fire Department, ( and the Columbia Heights Fire Department and the Spring Lake Park Fire Department '�( shall have access to said equipment on a 24 hour daily basis. Each department � shall agree to maintain a roster of qualified personnel to perform the fi211ng operation. Fridley shall subject the equipment being purchased to annual jmaintenance checks by qualified firms or persons and sha11 be responsible for the � . daily care,�maintenance and routine inspection of the said equipment. Each party � � - shall share equally in the cost of the annual inspections. � � :� . VT.� Fridley shall not be held liable to the other parties or their employees, - if the vendor or repair service is negligent in making repairs or in maintaining : � � . the equipment. � � i�� VII, Any paYty may terminate its intereat in this Agreement upon ninety (90) � � days'-written notice to the other two partiea. Upon�the expiration of.ninety (90) _. dnyn aftcr caid notice, the tenninating par[y may withdraw any equipment tliut I � � pnrCy contribuCed to I:he sys[em. T.n addition, euch remaining par[y oha11 pay � � I to the terminating par.ty a sum of monr.y cqual to one r,ixUi (1(G) of the fatr � � mlrkel' value of any property jointly purchased. Upon termination of any purty, the remaining parties shall become equal ocmers of tUe jointly puYChased property, VIII. Tlie following items are considered as part of Che total Respiratory 0 n \ 0 � .. Air Charging Syatem: � (A) The Respiratory Air Charging Station, including the breathing air compreseor, compressed air cylinders, piping, valves, and other appurtenauces as set forth in the bid document. (B) The three (3) 240 cubic ft, compressed air cylinders, piping, valves, and hoses currently located on the Columbia Heights Heavy Duty Rescue Vehicle /i3792. (C) The three (3) 122 cubic ft. compressed air cylinders, piping, valves and hoses currently located on the Spring Lake Park Fire Department Ladder �f2, � (D) The nine (9) 244 cuhic ft. compressed air cylinders, piping, va].ves and hose� currently located in the Spring Lake Park Fire Department Stations N1� ?i3 and (14. (E) .The four (4) 240 cubic ft. comp=essed air cylinders, piping, valves and hoses currently located in the Fridley Fire Station. IR. Items contained in the bid document and future items jointly purchased shall he owned jointly by the parties hereto. Each of the parties to this Agreement shall retain ownership of the contributed items currently owned by each party. Should the items currently owned by each party need to be replaced during the term of this Agreement� the cost of replacement shall be shared equally by each party�to this Agre�nent in accordance with the joint purchasing agreement contained herein. Zt is further agreed that should a party to this Agreement wish to terminate from the Agreement, those items originally owned by the party shall be returned to-the original owner. �- Dnted: �1979 CITY OP COLU:IBIA HEIGNTS� a municipal corporation a4!., "Z— ,. . By IIruce G. Nawrocki, Its htayor And Robeit S, liocwinski� Its Alauager �A E� OFFIC� OF LOCAL AND URBAN AFFAI� �:� MINNES�TA STATE rLANNING AGENCY • CAFI7�L S�UARE /UIL�ING • ST. ►AUL, MINNESOTA 53101 • ►HONE (612) 4Y6•3071 June 27, 1979 Jerrold Boardman City Planner 6431 University Avenue NE Fridley, MN 55432 RE: 27-01021D1 Community Park Fridley, Anoka County Dear Mr. Boardman: Enclosed are four copies of the Agreement for State Grant-in-Aid for Outdoor Recreation Projects to be used for outdoor recreation purposes. Please have the authorized public officials for your project sign all copies of the agreement and return all of them to this office within 30 days. After we receive the signed agreement, it must be routed for the remaining state signatures. When fully executed we will return one copy to you for your files. At the same time we will take the steps which will result in ttie state grant being sent directly to the treasurer of your unit of government. The check for the state grant should be received about 7 to 10 working days after you receive the fully signed grant agreement. Sincerely, �/� ��=��E � � 4Jilliam A. Atkins, Director Parks and Recreation Grants Section /cle Enclosures AN EQUAL OPPORTUNITY EMPLOYER � ,p STATE OF MINNESOTA STATE PLFINNING AGENCY OFFICE OF LOCAL AND URBAN AFFAIRS AGREEMENT FOR STATE GRANT-ZN-AID FOR OUTDOOR Local Unit of Governmenc Community Park Project Title STATE GRANT SUMMARY Total Cost State Grant Support State Grant Amount $ 277,500.00 DEPT. M3000D SEQ H��yy�lU�� SEQ 11 AID SEQ ik nID SPA �h—_Qq�.��_ G3t�7�s��o1 L/-V1V1 Project County 25 � of total cost 69,375.00 �� This agreement is made by and between the State of Minnesota, acting by and through the'State Planning Agency, Office of Local and Drban Affairs (herinafter called the "Grantor"1 and CitY Of Fr1d18y ' (hereinafter called the "Grantee"). This agreement is made pursuant to (strike out inapplicable provision) Minnesota Laws 1977, Chapter 455, Section 33, Subdivision 9, pazagraphs g and h, �Sbnsesa�a abaws - �9 �� -&3�a�ar-112-��,-�eet.itxr -�ar�-A4i�aa.-Regs.-�9-i1E�it- �-§-�.395 �-�.206-as- agg�iea�rl�,- an8 is base8 upon the application of the Grantee for a state grant-in-aid for an — outdoor recreation project. The Grantor hereby agrees to award the Grantee a grant in the amount of S1XtY-T1T2 thousand three hundred seventy-fivedollars ($ 69,375.00 ) in consideration of tne pzomise of the Grantee to use the funds to carry out the project as detailed in the application dated 1/12/79 and supporting doctnnents. which are hereby made a part of this agreement. It is recognized by the parties that this grant is made in addition to federal grant 27-01021D1 Community Park and aoes not abrogate any auty. obliqation or benefit created under the terms af that federal grant. The parties hereto agree as follows: i (1) Accounting. The grantee shall (a) maintain a separate account of grant funds; (b) establish procedures to prevent commingling of such funds with other funds; (c) maintain accurate and complete accounting of the expenditure of grant funds; and (d) make available complete � accounting and supporting information upon the request of Grantor. S.P.A.-0LUA OR-9 (2} Audits and Reports. The Grantee shall furnish the Grantor with an itemization of all expenditures of project funds, including state and local funds and a status report of the project, at 6 month intervals. The first report shall be due six months from the date of this aqreemei Upon the expenditure of 11 ._ • � a pro7ect funds, the Grantee shall provide the Grantor with an independent audit that project funds were expended in accordance with this agreement. This final report shall be accompanied by a statement showing the project expenditure in detail. (3) Excess Funds. When there is an overpayment by the State, the amount of overpayment shall be refunded to the Treasurer of the State of Minnesota. (4) Uniform Relocation Assistance and Real Propery Acquisition Policies. The grantee shall comply with the terms and intent of the Minnesota Statutes, Section 117.50 - 117.56 relatinq to eminent domain, uniform relocation assistance and real property acquisition. No relocation expenditures shall be made from this State grant. (5) Contracts_for materials supplies or construction. ia) Any contract for materials, supplies or construction made by the Grantee pursuant to this agreement shall contain provisions of nondisciimination by reason of race, creed, or color, as required by Minnesota Statutes, Section 181.59. (b) Any contract made pursuant to this agreement shall be in conformity with State Law, including the provisions of Minnesota Statutes, Section 471.345. (6) The Grantee shall provide adequate maintenance of the project area acquired and the facilities constructed thereon pursuant to this agreement, as required under state law and the regulations. APPROVED: - COMMISSIONER OF ADMINISTRATION By Tkle ATTORNEY GENERAL STATE OF MINNESOTA BY Title Approvrd as to form and execution this day of 19 UEPARTMENT OF FINANCE Not Encumbered By Date STATE OF MiNNESOTA STATEPLANNING AGENCY ey DIRECTOR, OFFICE OF LOCAL & UR:.AN AFFAIRS Date IOCAL UNIT For N ME F I.AL UNI ey MAYOR OR CHAIqMAN INAME & TITLEI Date By . CLERK OR AUDITOR INAME & TITLE) Date SEAL AFFIXED �� ClTY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 812)571•3450 July 6, 1979 Mr. Bob Schroer S & H Company 7620 University Avenue N.E. Fridley, Minnesota 55432 Re: Community Park Complex Dear Mr. Schroer: The City of Fridley intends to acquire your property described in Attachment A. for its Community Park Complex. The City is now prepared to make you a firm offer for the puchase of your property. The City hereby submits to you an offer of $274,505.00, which amount is the appraised fair market value of the above referenced property. In addition to this amount, the City agrees to pay the second half of all taxes for 1979 in the amount of $5,448.73 plus lq per month of the above appraised value starting from April 1, 1979 up to the date of final payment. The basis of the City's offer of the above market value is contained in Attachment B. of this letter. You will have a reasonable Tength of time to consider the offer. To aid in your decision, you may wish to secure your own appraisal. If you decide to accept the City's offer. the parcel will be acquired by direct purchase, and you will be paid upon satisfactory evidence of inerchantable title. If the offer is unacceptable, you may have your property acquired by eminent domain proceedings. The City will contact you regarding this offer within 30 days. Th?s letter is furnished to inform you as to the procedures and your rights in this acquisition. It is respectfiully requested that you acknowledge its receipt by signing the attached copy in the space provided. Signing this acknowledgement does not in any way corrnnit you to an acceptance of the offer. JLB/de Sincerely, Diek Sobiech, Public Works Director Receipt is acknowledged of original of this letter and enclosures mentioned herein. Owner C-79-31 MEMO T0: Nasim Qureshi, City Manager MEMO FROM: Jerrold L. Boardman, City Planner MEMO NO.: q79-27 MEMO DATE: July 6, 1979 RE: Acquisition of Sears Property for a Community Park Complex I am attaching the State Contracts and a firm offer proposal for the acquisition of the Sears property for a Community Park Complex, for your review. We have also received verbal approval from the Federal government on their portion of the grant and can take the necessary action to secure the property. We should, at this get approval to execute purchase to Bob Schroer. JLB/de t?me, put this item on the next Council agenda to the necessary contracts and submit a firm offer for �f ., ,,. _.._.�. __ ..,�-.,'�[I4�,�1.+�•.lI�.L, . . .- . . .. _�.�...�an..n�r�.r...�wu.��_�.» ..�.u'..A..id4t4.�'Jf�-°' _ �r 'ur'�`�.i��+1w �.w LL a,a{�(y�yy n. 8E ° - 6URL1 NGTON NORTHERN RA1 L Eas/er/y i��5,iil-o��wcn /inn n� 'A�orll�.�m /$rciji'c �� ri/r,>y C3c�<a�� .:3•�+a zo°E / "� -- 401. 23 — � '�� ___ �', `��u• I - " � - " ` - _ . _ _., i + � n o 42 •,. _ 7' --- �-- J I ! � " _ -._. _.t_ ^ - . � 'D'. . . . . .. .. 5 �o `a � "" < -' � i '. � c "'t,� \ 6S�,J �--.: � _ '_ � ' � �� J N�� s�b�rbon Som,b�� '� . I � _� y\ Y tl;r,nea^ i �s �u..��ny cotewcnf Se�.vr D:: �r h-a5� 1 t�' I �r dr� �a/aumitr hv9 . p<r dcr.�..a+n �wmlirrlAt9l � � KL V/l�i�L v .r' f-+7�/ L.inl' /r �%K ,1,� J�� I 1 � i i� . ..'- --..._-..---- _.... ._. . ...- ---- ` - ---- �_. ___.. .__..-- � —-- . `f r • k:s/ (n+e o��ili1 s.W s of'lfte SW Q o�" s'rrlron i 1� 7ownthr� 3Q Rui�e 24. o � j i O O • J � q _ J . J I b i � � I F � � � ' � � ° ° „A > '' I �°� a = "�� t �� o D o � '� y P ° {n I �� . � ,� �N � = �i w �c y� c � •o �<: = �w 4 � .y� � � 4� 6i p a � I � � � Z i�; . � o' 3' I � �I � i / CI , I ,� � I �. ] \ g: r. 1 \ � _ - �' . . _ .. .. N .r - N in p � �. '� J � V �b � I-.�_._ t � . . ,� S. i �` ,: „ _i i � i . .�yo. o' , R� 'I^p�9. ?Y � � , �- — aas.9� — -�i �. —.�� , _ — ` ^709. E9 — ; a, t •:�7.;.� � . �•"'� `: " , '�, ;' I��nlrr'� n¢hl a,' �woy (rr�t o,��il'�lu 1i<r��.' ll,.,"i,�.tr� '. .. qa. �. ... . . f . . . _. . c�.ir , � . ;�• / , .. ..,i. ..t. i� ,�r��lqA; i,�llf.i , . -. . ��. . � � �� <. _ . . , ATTACHMENT B. ... � � . � 2i4�11/ I.F.AS.• . _ � . . "Senior hfember - Natianal Association of Independent Fee Apprauers : 6279 UNlYERSITY AVENUE N.E. MINNEAPOLIS, MN 55432 (612J 571-3857 _ January 15. 1979 ' Mr. Nasi.m Qureshi City Manager- . , . Ctiy of Fridley 6431 University Avenue Northeast Fridley, MN . 55�32 � . RE: APPraisal dated December 15, 197a of the Unimproved Heavy Industrial ' Property located at: The West line of Highway #�+7 and Running East to the -. � Railroad Right of Way and beginning at : the South line of the power line easement � running 5outh 700 feet in the City o£ FYidley, County of Anoka, Minnesota. Dear Mr. Qureshi: n At the request 'oP the City of Fridley, this letter becomes an amend— ment to the above appraisal and is a part of the above appraisal. The attached map shows Parcel #1 and Parcel N2 of the subject total parcel appraised. After review of the subject parcel, it is the opinion of the appraiser that the esti.mated market value oP the parcels (N1 and f{2) iiould be as folloWS: Pnrce7ti N1: 17.71 acres at $15,500.00 per acre =$274,505.00 Rounded = $27�,500.00 Parcel N2: 3.9 acres at $15,500.00 per acre =$60,u5o.00 < < Rounded All other parts of the appraisal remain the same. Very truly yours, � �.� .��,-- Curtis A. Lnrson, I.F.A,S. Attachment: Map of Parcels N1 and H2. CAL:wjm _ $6o,A5o.00 � 6 EMBfH ��.,,,,h� o ,. �qyCE s FRI�LEY �JAYCEES 6/18/79 Fridley City Council 6431 University Ave. N. E. Fridley, Mn. .55432 Dear AonorabSe Mayor and City Council, BOX 32004 • FRIDLEY 1� MINNESOTA 55432 This year the Fridley Jaycees will be hosting the Women's BB State Softball Tournament, on August 17, 18 and 19th. At This time I am asking for your assistance and approval for the use of Commons Park and other parks if needed. I also would like your approval for the use of any necessary equipment and one man from the Park's Department to assist us with the equipment. As in the past, we will have police protection from the Fridley Police - Department which will be paid by the Fridley,Jaycees. I am also asking your consideration for approval of a temporary beer license and food license, and that the fees be waived. The use of these licenses will be limited to Saturday and Sunday, August 18th and 19th. We would be honored if Mayor Nee and/or members of the City Council would participate in the awards ceremony following the tournament. I will be in contact with you more on this matter as the tournament approaches. Please contact me at 571-4620 or write to me at P.O. Box 32004, Fridley, ifn. 35432 if any questtons or�rabiems arise. Thanks in advance for your consideration. Sincerely, r �`��'�'�.,�„� Neal J. Jenewein "Leadership Training Through Community Development" � -=r � � . �U F.OR CUNCURR�NCE DY 1"HE CITY COUNCIL — �j�',"�$E$ Jul }g7g, 'Type of License• ""�—' ' � ApPr°— v?d B� Fee: Billiards ' — Canterbury Pub Dean Vending James P. Hill 6479 University Ave. N.E. $50.00 � Fridley, P�n. 55432 � Public Safety Director '�. Bottle Club Knights of Colubmus 6831 Highway #65 N.E. Fridley, P4n. 55432 Ciqarette Longview Fibre Co. 5851 E.River Road Fridley, Mn. 55432 Food Establishment Lindquist Cake Dectorating & Supplies 1161-102nd Lane N.E. Fridley, P1n. 55432 On Sale Beer Canterbury Pub 6479 University Ave. N.E. Fridley, Mn. 55432 Public Drinkin Place Pollies Place 6225 Highway �65 N.E. Fridley, P1n. 55432 Ronnie's Bar 240 Mississippi St. N.E. f'ridley, Mn. 55432 Refuse Hauler Pretzel's Snaitation Service 15323 Ramsey 61vd. N.W. Anoka, Mn. 55303 Stree�� B Glommen Sno Kones 1048 87th Ave. N.E. Blaine; P1n. 55434 North Air Home Vendomation Inc James Lindquist John T. Lenhart Francis L. Mager James D. Hennessey Lawrence Plessel Harvey H. Glommen � � James P. Hill � $300.00 Public Safety Director James P. Hill Public Safety Director James P. Hill Putrlic Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Steve Olson Health Inspector Steve Olson Health Inspector James P. Hill Public Safety Director $12.00 $35.00 $250.00 $300.00 $300.00 $50.00 $30.00 N I1 a �/-r=r U '� � F.OR CONCURRENCE 9Y 7HE CITY COUNCIL - Lxcsxsss JULY 9, 1979 S GA_. .SERVICES . APPROVED BY . Heating Innovators Co. � � ,18520 Yakima Street N.W�. . WILLIAt4 SANDIN Anoka, MN 55303 By: Arnold Dirks Plbg. Fitg. Insp. r Neil Heating & Air Cond. • 3242 - 92nd Curv� � WILLIAM SANDITJ Blaine, MN 55434 By: Neil Olson Plbg. Htg.• Insp. Raz's Heating & Air Conditioning 4584 Carolyn Lane White Bear Lake, NIN 55110 2Win City Gas Heat - 5108 - 197th Avenue N.E. Wyoming, MN 55092 GIIVERAL CONTRAC1bR Aquarius Swimminq Pool 16900.Cedar Avenue South Rosemowit, NIN 55068 B6verly Builders, Inc. 10299 Oniversity Arenue N.E. Blaine, Mt7 55434 Dav-Ko Home ImprovemPn t 1325 -'42nd Avenue.N.E. Columbia Heights, MN 55421 Inter City Builders 2500 Murray Avenue N.E. Minneapolis, MN 55418 RoMar Builders Inc, 13720 Vinewood � , Anoka, hIN 55303 . . Stan's �lumintmt Service 10933 Beard Avenue South Bloomington, MN 55431 Vin ewood Builders, Inc. 1508 Ferndale Avenue N,E. Fridley, D7N 55432 HEATING Air Associates � 600 South County Road #18 Minneapolis, MN 55426 F By: Michael J. Rasmusson By: Rbny Johnson By: Joe Carroll By: Beverly Mattson � Hy: Alvin Kopecky By: Joseph Shun 0 By: Roger Roeloft • •By: Stan Krzyzaniak By: I3�nald Scholl By: Grant Mooney WILLIAM�SANDIN P1bg, Iitg. Insp: WILLIAM SANDIN Plbg. iItg. Insp. � .DARREL CLARK , Chief Bldg: Off. - DARREL CLARK � Chief Bldg. Off. �� DARREI, CLARK .- Chief Bldg, Off. � �-� DARREL CLARK Chief Bldg. Off. DARREL CLARK. Chief Bldg, Off. DARREL Q,ARK � Chief Bldg, Off�� DARREL CLARK � Chief Bldg, Off. WILLIAM SANDIN Plbg. Htg. Insp. 11 B !� � . F f".OR CONCUF?R��lCE OY THE CITY CQUNCIL Smith, Juster, Feikema 1250 Builders Exchanye Bldg. Minneapolis, MN 55402 For Legat Services rendered as Prosecutor Haivorson Construction 4227 - 165th Avenue N.E. Wyomi ng, t�1N 55092 - ESTIP�ATES $2,560.00 8,565.00 Partial Estimate ;'.�6 - 1979 - concrete curb & gutter contract Comstorck and Davis, Inc 1446 County Road "J" �°�79•�2 P1inneapolis, MN 55432 Partial Estimate No. 1- Consulting Services for S& W Project #127 Association of Metropolitan P�unicipalities 300 Hanover Building, 480 Cedar Street 3,023.00 St. Paul, MN 55101 Membership dues for the year ISLAWDS OF PEACE PROJECT (to be paid out of interest money) Fridley Our Own Hardware 214 Mississippi St. N.E. Fridley, MN 55430 Screws and fasteners Bethel Marine 2115� Highway 65 N.E. Cedar, MN 55001 Life Jackets (6) Hat (1) less 20% discount Minnegasco 714 2nd Ave. So. Minneapolis, MPJ 55402 6as service Ed Wilmes 23707 University Ave. IJ.E. Bethel , Mtd 55005 Gasoline and auto expenses $ 18.90 53.70 5.95 -71.93 47.72 99.69 38.95 13 13 q STATEMENT SMITH, JUSTER. FEIKEMA, MALMON & HASKVIiZ ATTORNEYS AT LAW � 12508UILDERS EXCHANGE BLDG. . MINNEAPOLIS, MINNESOTA 55402 339-148] CJN OATE I SUBURBAN OFFICE FRIDLEV � City of Fridley 6431 University Avenue NE Fridley, Plinnesota 55432 L Attention: Mr. Nasim Qureshi, City Manager _1 PLEI�SE RETVpry TXI6 PORTION WITry YOYR PAYMENT � • � , • � BALANCE ' FOflWARDED FROPA LAST STATEMENT 6/21/79 for legal services rendered as Prosecutor for the City of Fridley during P1ay, 1979. Representation of City of Fridley in 4 jury trials, 74 pre-jury trial conferences and 43 court trials, (46 hours) Processing complaints including citizen inquiries and preparation of 31 formal criminal complai7ts, (15 hours - 30 minutes), Total time - 61 hours and 30 minutes May, 1979 Retainer $1,300.00 Time in excess of 30 hours $1,300,00 31Z hours �1�2��Q $2,560.00 SMITH, JUSTER, FEIKEMA, MALMON & HASKVIT2 . I�TORNEYS I�T �py� BOARDOF DIRECTORS Presldent )une Demos Rosevil le Vlce President David Houa St. Paul Post Presldent Lyall Schwarzkopf Minneapolis Richard Asleson Apple Valley WayneCourtney Edina Walter Dziedzic Minneapolis Robert Hansen White Bear Lake Jan Haugen Shorewood Richard Hullander Shakopee )ack irving Crysul James Krautkremer Brooklyn Park Richard Larsen Minnetonka Myra Lobeck Oakdale Bruce Nawrocki Columbia Heighu Thomas Spies Bloomington Larry Thompson Wayzata Stephen Wellington St. Paul . Duane Zaun Lakevifle Executive Dlrector Vern Peterson �� , � Gf : �°i� � �,}�,.` Y 1"� � �2 , � , �� \; �i ` '� .....:.,i �.� ....,✓ �_....;._ � association of metropolitan mun�cipalities 300 hanovcr Dltly. �&0 cedor sv��t sl. paW, mim�esoL� 55101 �612� 222-2961 Mr. Nasim Qureshi � City Manager City Hall 6431 Universitg Ave. N.E. Fridley, Minnesota Dear Mr. Qureshi: June 15, 2979 `13� As the new President, it is my privilege to enclose this brief note along with yovr Association Dues Statement for the 1979-Z980 membership year which began Jane Z, 1979. It is also a privilege to in- form you that due to an expanding membership base and a carefvZ watch over expenditvres, the Association Dues Rate remains the same as for 2ast gear: This past year has been a very exciting and product.ive year for the Association with regard to ovr Zobbying efforts in the. recently completed Legislative Session. The key to this svccess was the ability and willing- ness of inember city officials to work together and work throuqh the Association and the League as never before to present a united front before the Legis.iature, I commend you for your svpport, cooperation, and hard work. However, the job is never done: The Association needs. your continued inpat and financial support as we face new chaZ.2enges, opportunities, and problems during the coming year. I look forward to working with you as President, and with your continued support, the Associ- ation wi21 become even more of a viable force on behalf of city government in the Metropolitan area. Enclosure ncerely D ve Hozza President and President of the St. Pau2 Citg CounciI Fridley ... 13 C City DUES STATEMEP�IT Fiscal Year 1979 - 1980 ASSQCIIITION OF f�ETROP�LITAPJ MUNICIPALITIFS '300 Hanover Building, 480 Cedar Street Saint Paul, Minnesota 55101 By action of the Board of Directors, the dues schedule for membership in the Association of P.4etropolitan hfunicipalities has been set at the same rate as for the past year. THE A4Eh4BERSHIP DUES IN THE ASSOCIATION OF riETROPOLITAN hiUNICIPALITIES FO� THE YEAR BEGINNING JUNE 1, 1979 AND E�IDING MAY 31, 1980 ARE $ 3.023. FOR THE CITY OF FridZev - — ,, PAYMENT BY PUBLIC FUNDS AUTHOftIZED BY r:fINN. STATS., SECS, 465.58 AND 471.96. I declare under the penalties of law that the fore�oing amount is just and correct and that no part of it has been paid. _ �/.�-+� Il v�9'U'�/"' EXECUTIVE DIRECTOR ASSOCIATION OF h4ETROPOLITAN i�iUNICIPALITIES DATED• J""e 15� 1979 . The records indicate that aawara Fitzpatrick 1S the designated delegate and Dennis Schnetder is the designated alternate to the 9ssociation of hletropolitan r4unicipalities from your city, Please inform us if �ur recos°ds are incorrect or if your city desires to make a change in your des- ignated delegate/alternate status. r- WAYNE G. POPMAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER NAUPMP.N DAVID 5. DOTY ROBEFT A, MINISH NOLFE A. WORDEN 6. MARC WHITEHEAD BRUCE D. WtLUS FRE9ERICR 5. RICHARDS RONALD G ELMpUIST G. ROBEfiT JOHNSON GAiiY R. MACOMBER ROBERT 5. BURN FREDERICK C. BROWN BRUCE D. MALNERSON JAMES R. STEILEN JAMES B.LOCKHART AILEN W. NINDERAKER CLIFFORD M. GREENE D. WILLIAM HAU:MAN DESYL L. PETERSON LARRY O. ESPEL DAVID A. JONES SALLY q,JpHN50N POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER ' MINNEAPOLIS, MN 36402 June 8, 1979 Mr. Gordon Middag City of Fridley Fridley City Hall 6431 University Avenue Northeast Fridley, Minnesota 55421 Re: American Improvement Corp: vs. Islands of Peace, et al. Dear Mr. Middag: (612)335-9331 TELECOP�ER (6127339-5630 OFCOUNSEL DALE C. NATMAN This letter is intended to followup our telephone con- versation of Wednesday.regarding our client's currently out- standing bill for materials and services supplied for the improvements on the Islands of Peace property which is apparently owned by the City of Fridley. As we discussed, our client has been most patient, and perhaps too patient, in attempting to resolve its outstanding account in an amicable manner. According to the information I have reviewed, our client performed in accordance with the contract by which it was to be paid the sum of $9,748.00. I am enclosing for your reference a copy of the original contract together with a copy of the invoice dated July 2, 1973. On this invoice, you will note that periodic payments have been made by Islands of Peace and by the City of Fridley. As of September 23, 1975, the balance of•the account was $4,700.00. As ��ou can see by the enclosed statement dated July 15, 1976, the account had increased as o£ that date to $6,476.56 as a result of the agreed upon interest. Although numerous promises have been made, no payments have been made on this account since September, 1975. Our client has discussed this matter on numerous occasions with various members of the Fridley City Council and with the 14 �. � ` I �q Pr POFHAM, HAIK. SCHNOBRICH, KAUFMAN & DOTY, LTD. Mr. Gordon Middag Page Two June 8, 1979 Fridley City Manager. In this regard, 2 am enclosing copies of letters reflectinq these conversations with Mrs. Carol Kukowski and the Fridley City Manager. More recently, our client has been in contact with Maynard Nielsen of Islands of Peace. Mr. Nielsen has advised us that either he or Ed Wilmes have reviewed this matter with you and have urged the City of Fridley to assist Islands of Peace in the payment of this debt. It is my understanding that you will review this matter and advise me as to when our client can e�cpect payment. I would like to hear from you at your earliest possible convenience. Thank you. Very truly yours, <��VS� Frederick C. Brown FCB/mf , cc: Mr. Palmer G. Peterson 11! B POPHAM, HAIK, SCHNOBRICI-1, KAUFMAN & DOTY, LTD. Nir, Gordon Middag Page Two June 8, 1979 I'ridley City Manager. In this regard, I am enclosing copies of letters reilecting these conversations wi.th MrourCclientuhasski and the Pridley City Manager. �•�ore recently. been in contaci� with Maynard Nielsen of Islands of Peace. Mr. Nielsen has advised us that either he or Ed Wilmes have reviewed this matter with you and have urged the City of I'ridley to assist Islands of Peace in the payment oi ihis debt. It is my understanding that you wil]: review this matter and advise me as to when our client can e�ect payment. I would liY.e to hear from you at your earliest possible convenience. FCB/mf cc: Thank you. Mr. Palmer G. Peterson �� (� ' � „ � . �� i I .• f i �7 �� I' , i . I Very truly yours, ��,�,?�.-� C' � � ""_ ' Frederi:ck C. Brown �� ..�,...�., _...__.._---- /�'�r�� ',>.� ,v `" o� .--_._____.-- _.._....__ _. , _ _... _ . _ �% . ` - �--- �. �-��'��G��`�. ��z��- �i��'G/�o��-i /�`'�'1'"�C( i (/ � ��C/�1�"�f'� - jl � :� �-��L�� ',� �%��-e�t �� . �—P„tiCe�u� �.. r�- l � � r: AMERICAN I1dpHOVEMENT CORP. 2825 Cedar Avenue hfinneapolis, Minnesota 55407 721-2451 Octo'ner 14, 1976 hirs, i.arol Kukowski 1338 'rt=llcrest Dr.ive N.E. Fridley, tAinnesota 55432 Dear 7:frs, Kuko��fska: Enclosed you'll find a current statement from American I�rcvFnent Cosporation to Islands of Peace, Inc. The amount of $6,5�3.56 includes interest up to October 1, 1976. ....�_ �4 C As i discussed v�ith you tve would agree to settle this accoun,•. in full ior an amount o{ 55,000,00. Our firn is aware of the charity nature of the Project and �vould aporeciate hav'ng an anicable settl�men� of this. PGP,i d; Enclo=ure � �� z�� Cn.,,v..� - CJ� Sincere?y yo�rs, AMERICAtv ItAP�O�P.'�i7T CAfi?. Palmer G, Peterson President � � �� 'lu -- s7i � �5��,5 .�.�3-��3 y a . � r • . � � � � i � . r.: i? � ��- -r ' .' ♦ L . � : � . �.. � . .. i, ' � . • � . � '� � 1( .5.. � a. 'l' �.. 1 L-`��:�;�.�'' �L .�1�1�L�!_�a ��'��i'.��if�l�, �O�'�i. ��,�jl4,D,. � : ' "t7lilt'i�?'!! `! : �: �L LI ► � � . ' —�` � +`..L A � ; ; � � ie�� c� ;� � s�� s. r� � � � „ .^ , ; �,. ' ' .61LY.�:i:�iJL.t>� f�1 f:',i.iGif1 S:•;a7 . .. : r: , ` � ' � �� `' . . I'Y��.�..� .% �G°^iJ:.�. �. . . . .. f�,!. �. .'.. p . > t. . ;' -.� ';July 15. �07� , •' " ., ^, • • Islands of Peace Inc. - ' ' - - Attn: im Langenield� Treas.. � C,, ��` � � � / {} ') ' ; �, 'r 74-6�'7 YIaY N.E. �_ •`� : -. �.—Pr�ley,-b ;�, r . T � ' , — -- — � Termt: Net 10 Days��, _ . ' . _ , �� ! _ . •'� _ .� . � . . � . ' . . � � •i� - E alance due �or xork cor,;,�Ieted :at -Islands of Peace ``; "� . - : •*'. . ' '.' ' � 0^iginal Contract. �9,748.00 : t ` � . �' ' Paid i0/10/73 1,000.00 ' . . ' `PaS.d 11/2II/73 1,500.00 � : , � � .'Paid 7/11/74 . 1,504.01 , . ` � ' Faid 10,/?_9/74 1,000.00 " � � � :Paid , 9I�75 _ 43•�'�`-_ �• . . . • , W4,7CO.f,�� :Intea:est fion Nov. 73 �o Jnly 74 ' 507.35 �. Interest fion Jv.ly 7�'F to Oct. ?4 229.92 .`�` `- Interest £xon Oc;:. 74. to Sept. 75 522.23 - Inte.~es � Sept. i5 + to D�iar. 75 329.CJ Interest . ' ' to l.pr. 7b 47.G0 . � ' IntC�:est , � � .� ' • to May 76 . 47.Q� ,Interest . -'. ' ; to June 76 47�C��- . . : , _ , �- . $5,429.55 Interest ' ' to July 76 47.�G_- ..� �' $6,476.5� , . . . , ..,, : ,; � ..: ' } '�`_�__ . . . : ;. , ,, : . ,, . . .: , . , _ ., j.... �. ' .� _ . .. ". : . _ : _ �:. ',�. .' '` :7:.',:iT £�T[ DF iS PE MO �TH [MARGED nN Tl"_ UN: �I7 PAUtP�� '/HICH - �; r�; A?;:lLh'�: P RC:!:TAG: :ATf �,F 12%. Sf I? P+:rv�ou5 entFru �r,usi c: P,�[!� �r� ruu . . .:.:'v lo ear Of iME D. TE O THIS SYl�tel: CF�i T� � AVOIO RUDfT10?l�.L FI?JAntE �'e_.'i�'J. . � � � � � . �z .. . . .. . . . . . . . '� � �. � .. � ! '1 .' i.:. ; : �! . . ' �.a.:...... �, (;s �A I C� ican ovement Corp. ��,1" � "DRIVEWAY SPECIAL7; 3535 � 33rd AVENUE SOUTH MINNEAPOIIS, MINN. 55406 PHONE: 722�4566 - '� ,�ce c '„ , ,� ; • .=�_�:Lcv . �.�;�• , �. Cz��) ._^.iVf'�Sl.i�•� �-.i/f?� . ..7. .. .. ....,. '_ 14Z ;�_ Termz: Net 10 Days . ,. ' cr:. .l�:teC ,:t _; la;ics of :�eace. y,74°.00 /U —/�' �3 / vu v. v a ,__ _ _ _.. Tn�:..._ ;r �u, �,� ��y8oa '��'�3 _isa a _�� ' -. , ._ .-, ..:,n % y cf� , rc� .::�erica:; ?,::r,r�vec�eni ��%�� S U O . O'`/ ��e�� S% f�. �`O ,�'�76 y �o o . o 0 io/ay �� y a ��" �/ >�/��) //`/��, / p� qs �'%�C�. 00 .T� //,�"� �-[---�� '�+f !/,Cn-e-C� �}j7,r a /'� G'�fJ —_.. (/ � �f7BO, 00 'EREST RATE oF �x PER MONTH CHARGED ON THE UNPAID BA�ANCE WHICH W ANNUAL PERCENTAGE RATE OF 12%. THE PREVIOUS BAIANCE MUST BE PAID IN FUCL fHIN 10 DAYS OF THE DATE. OF THIS STAlEMENT TO AVOID ADDITIONAL FINANCE 4RGE5. C Signed ACCEPTANCE: - — The above oifer fw the work as stated in Ihe anwu�t of S is hereby actepted. Dote Signed I�ASE SIGN AND RETURN ORIGINAL AND RETAlN COPY) �' i � I 0 I Americar� Improvement Corp. "�RIVEWAY SPECIAL157'S" C 1839 East 28th Street MINNEAPOLIS, MINNESOTA 55407 � /� PHONE: 3�cfE5c66 721-2451 July 8, 1977 City Manager Fridley City Hall Fridley, MN 55432 Dear Sir: As per our discussion of Friday we have not been paid for the sidewalks we built for Islands of Yeace, Inc. in 1973. We thought that we were getting close to having some- thing resolved last October when Carol Kukowski took over as the new Treasurer of Islands of Peace. She has been most cordial, but nothing is happening as far as paymen�. I realize that Islands of Peace is a separate Corporate structure, but there must be some guidance of the funding by the City or State to see that bills are paid. Please advise me on where or who to go to?? PGP/df 1 I ' r ' !� . e(iJ � v�-Z� ✓ � �� Sincerely yours, Ah1ERICAN IMPROVEMENT CARP. Palmer G. Peterson President V'( * ��e�f�� Y� ri`t'z'1 � � ��-- �--F'C: � ---. � �/% ,��.�� _ �� C)` � \ L '��i.{�-lf%%��,�..rrL �'�-!� �'lLt.�-z. �_�,. � � � , �c,� _ — >''r,�(� G 0 �, _ � ". /�a��1.cv4.°�,� :>�,�� —.� z _:; ......__��___ �� ._� �`'L�_L_. �� 14 F : 15 �� NEDEGAARD CONSTRUCTIOiV 3903 FOSS ROAD � ST. ANTHONY, MINNESOTA 55421 � The Honorable Mayor and City Council City o£ F`ridley 6431 University Avenue Northeast Fridley, Minnesota Dear Honorable Mayor and City Council: COMPANY INC. PHONE 560�0070 June 25, 1979 Nedegaard Construction Company, Inc, has been trying to get approval from the City o£ Fridley to build a new house on a 40 foot wide lot at 4526-2nd, Street Northeast since November 14, 19%8, but as of this date still is waiting for the City to finish a court case with another party basically on the same 40 foot wide lo't issue. We have been approched by the neighbor on the south side of this lot to purchase £rom them two addi'tional feet and thereby making the lot size 42 feet wide. As a result we are asking the City of Fridley to approve our request for building a 24 foot wide by 40 foot long house on this lot. The previous variances would be changed to the £ollowingi The required lot area be reduced from 7500 square feet to $418 square feet, the front yard seth�.ck be reduced £rom the required 35 feet to 30 feet, reduce the side yard set- �cks, one from the required 10 feet to 6 feet, the other from 13 feet to 12 feet and reduce the required floor area from the required 1020 square feet to 960 square feet. Yours truly, NIDE�AAEiD CONSTRUCTION COMPANY, INC. ,��„r.�- � -/'�4,�.� Bruce A. Nedegaard President 185 THE MINUTES OF TNE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 18, 1979� The Regular Meeting of the Fridley City Council was called to order at 7:35 P.M. by M.Zyor Nee. PLED6E OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the flag. � ROLL CALL: � Members Present: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwanan Moses and Councitman Fitzpatrick Nembers Absent: None APPROYAL OF MINUTES: REGULAR MEETING JUNE 4 1979• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. AJIOPTION OF AGENDA• Mayor Nee requested the addition of the following item: Consideration of Resolution Concurring With Comments of MPCA in Regard to proposed noise emission standards for transportation Equipment; Interstate Rail Carriers: MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Barnette. Upon a voice vote, ali voting zye> Mayor Nee declared the motion carried unanimously. . OPEN FORUM, UISITORS: �� Mr. Tom Myhra, 6360 Able Street> came forward and stated that he was Chairman of the Independent Republican Party of Fridley. He understood that Council had accepted a grant for a building through the Metropolitan Council. He asked if Council had passed that on the presumption that the Spring Brook Foundation wouTd be given another lease in January? Mayor Nee stated that they had no knowledge of that as yet. Mr. tQyhra asked if, in the event they did not ask for a renewed lease, would the City be prepared to pick up the costs of maintaining and operating that b„ilding? Mayor Nee stated that if the Foundation failed to do it, the City would have to do it. Mr, h{yhra stated that he understood that City tax rtwnies would not be spent to maintain and operate the North Park Center. He asked Councilman Schneider's opinion on this. Council«an Schneider stated that if the Foundation were unable to maintain the building,:�the alternatives would have to be reviewed. Mr, tQyhra asked Councilwoman Moses for her opinion. � - I�� .. Councilworaan Moses stated that it was her understanding that the Sprin9 Brook � Nature Center, in good faith, would be maintaining the building. In the event they could not, other alternatives would be looked at. One option woutd be to . sell it, and the bottom line and final option would be for the City to take care of it. u 1�� REGULAR COUNCIL MEETING, �UNE 18, 1979 PAGE 2 Mr. h(yhra asked Councilman Fitzpatrick's opinion. Councilman Fitzpatrick stated when the City owns a 124 acre.tract, ultimately there is the possibility that the City would have to pay the operating costs. He felt there were other options, but he felt that at some point in time, he would be prepared to continue the costs of operation. Mr. Myhra asked Councilman Schneider if he wished to rephrase his answer? Councilman Schneider stated that his answer was the same, he wouid have to see the other alternatives. PUBLIC HEARINGS: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the hearing. Seconded by Councilman Schneider. Upon a voice vote> all voting aye, Piayor Nee declared the motion carriedunanimously and the public hearing opened at 7:45 P.M. Mr. Sobiech> Public Works Director, stated that this was a rezoning request for a parcel of property located in the northeast quadrant of 63rd Avenue and Highway No. 65. Lots 9 and 10 are presently zoned C-1 and Lot 11 is zoned CR-1. At the present time, the Lift-Ski and Bike Shop exists there. The intention of the petitioner is to rezone the property to C-2 which would permit a garden center operation in the sumner time. t4r. Sobiech pointed out that with the rezoning request, underfinal consideration of the rezoning request, which would be at cne . next Council meeting, the Council would also consider at that time a request for a Special Use Permit which would involve specifically the garden center operation. The Planning Commission had a public hearing at their meeting of Mdy 9, 1979, and recortmended to Council approval with stipulations.. The stipulation is for a landscape plan and a schedule over a three year time period be filed which would indicate further improvements of the property. . There�are certain improvements such as fencing> blacktopping, concrete curb and gutters, parking, etc. _ Councilman Schneider asked Scott Holmer, the.petitioner, if he planned to put the fence on the north side of Lot 11 in imnediately. Councilman Schneider stated that the concern that was raised at the Planning Comnission was from the owner of the apartment building. There is a lot of cross-traffic and debris there. He understood that was why the Planning Commission had put in a stipulation for a fence. Mr. Sobiech stated that the stipulation was that a fence be added to the north side of Lot 11. In regards to screening, there is existing fencing on the east side of the property between the Lift and the single family residences. Councilman Schneider stated that he felt it should be fenced because it would be upgrading of the zone and if Mr. Holmer ever decided to sell the property, he would be more comfortable with it fenced. Councilman Schneider stated that he realized it was not Mr. Holmer's intention to sell. IAr. Holmer stated that he was at a low cash flow until Octo6er or November. He would like to keep the property cleaner> and the trash was coming onto his property from the north side, so he would like to do something there. ��Mr. Sabiech stated that Staff could work out a schedule with I•Ir. Holmer before this item was returned to Council for a second readin9. ��. There were no comnents from the audience regarding this item. MOTdON by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing closed at 7:55 P.M. � 1.87 REGULAR MEETING OF ,IUNE 18, 1979 PAGE 3 MOTION by Councilman Fitzpatrick to waive reading of the public notice and open the hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty and the public hearing opened at 7:56 P.�d. Mr. Sobiech stated that this was a petition to vacate the alley located in B7ock 3 of the Plymouth Addition lying between 48th and 49th Avenues and 2nd Street and 2'� Street N.E. The City received a petition signed by all the residents alon9 the alley with the exception of one, which is a rental unit. There were no objections and no objections were voiced at the Planning Lanmission public hearing. The Planning Commission held a public hearing on May 9, 1979, and recomnended approval with the stipulation that appropriate drainage and utility easements be maintained for NSP power poles that exist there. Kathryn Gerard was present at this meeting but had no comments. Mr. Sobiech stated that there the alley was not used for access and all the garages had access from the streets. He noted that it has been City policy in the past to release ownership of these alleys. Councilman Fitzpatrick stated that everyone has agreed to this with the exception of the person who rents there and that person made no objection. Also, We have the recomnendation of the Ptanning Commission. Therefore, he would have no reservations concerning this. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, �71 voting aye, Mayor Nee declared the pubiic hearing closed at 8:00 P.M. NEW BUSINESS: I4ayor Nee stated that if there was no objection to acting on this now, a motion would be in order. MOTION by Councilman Fitzpatrick to concur with the Planning Commission's recortmendation for approval and approve the lst reading of vacation ordinance under Section 12.07 of City Charter. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VARIANCE REOUESf BY GREAT EXPECTATIONS 765 53RD AVENUE Mr. Sobiech stated that they had an official request and statement withdrawing the request for variance from Great Expectations. RECEIVE THE PLANNING COMMISSION MINUTES OF JUNE 6, 1979: REQUEST FOR SPECIAL USE PERMIT SP �79 06 BY ROBERT CARLSON 161 62ND WAY. Mr. Sobiech stated that this was a request for a Special Use Permit to allow construction of a second accessory building at 161 - 62nd Way. At their meeting of June 6, 1979, the Planning Cortmission had a public hearing on this matter and recommended to Council approval with certain stipulations. The stipulations state that the construction be not less than 20 fe?t rather than 19 feet from the adjacent property owner to the west of the proposed site location and also it was stipulated that it be compatible with the existing neighborhood and his home, indicating that the proposed structure be surfaced 1�� REGULAR MEETING OF JUNE 18, 1979 PAGE 4 to match his existing dwelling. The third stipulation was that no home occupation be allowed. As noted in the Planning Commission public hearing, it is the intent of the petitioner to utilize the second accessory building for storage of materials. There was discussion relative to future use of the second accessory buildiny for a garage. There is space between the existing dwelling and the property line which would allow a driveway to that second accessory building in the future. Mr. Sobiech stated that even though there were no objections noted at the Planning Commission hearing, it was commented that there were some residents who felt uncomfortable with the proposed second accessory 6uilding. . Mr. Theodore Burandt, 6211 Riverview Terrace N.E., came forward and stated that he is an adjacent property owner and Lhat he is one of three people who object to the second accessory building. The other two people who object wish to remain anonymous. He stated that initially> he had no reservations, however, he did feel that there was adequate room for the garage to be added to the structure. He felt that from a real estate resale value, it would be better attached, rather than in the middle of the yard. If helps that it would sit 20 feet away, but felt that since the yards were small, placing it in the middle of the yard was not a good idea. Mr. Burandt statnd that his house is immediately to the west o* Mr. Carlson's house. Mr. Sobiech showed Council an aerial view of the location and stated that-Yhe petitioner's property was about 180 feet deep. Mr. Burandt lives to the west and has the minimum 25 foot setvack on his house. Mr. Burandt was indicating that the proposed structure would be in the rear of the yard. Mr. Burande, and felt there would be room for a 16 x 22 just west of the existin9 structu could be tied in with the existing garage. Councilwoman Moses asked if it were set back the maximum amount it could be? Mr. Sobiech stated that it would be approximately 78 feet from the rear lot line, and offset towards the center of Mr. Carlson's property. Councilwoman Moses asked Mr. Burandt if it would help if the proposed � structure were set back further? Mr. Burandt stated that would not make much difference because his whole back yard is adjacent to Mr. Carlson's rear yard. neighborswhosborderedahisepropertyPandtexplained what�heewantedatoudo.t�There were no objections. He stated that he and-h�r. Burandt had paced off the area where the structure would go and Mr. Burandt did not have any cortments. Mr. Burandt stated that he had suggested to Mr. Carlson at that time that the structure should be added on tn the existing garage. He stated that at that time�he did not really have any objection, but after thinking about it> he would object. Mr. Carlson noted that Mr. Burandt has a 6 foot hedge. He stated that he intended to build the garage in accordance with the rest of the property and it would add .to the looks of the property. Ne had indicated at the Planning Commission . meeting that he planned to put in an inner court which would tie it all together. Councilman Fitzpatrick stated that he would guess that if these objections had come out at the Planning Commission meeting it would have helped. He asked Mr. Carlson if he had considered attaching the proposed structure to the existing garage? - � Mr. Carlson stated that because of the way the land slopes on.the west side and because of his neighbor's hedge, it would be more of a pr�blem to put it there. He stated that he was not concerned about the resale value, that he plans on stayin9 there and using it for storage. Councilman Fitzpatrick asked Mr. Carlson if he had any reservations in view of the fact that his neighbor was now objecting? Mr. Carlson stated that he wished he had objected before this. . 189 REGULAR MEETING ON JUNE 18, 1979 � PAGE 5 Councilman Barnette asked Mr. Carlson if the neighbor�to the east had any objections? Mr. Carlson stated he did not and that neighbor had a shed also. Counciiman Barnette stated that the objections should have been voiced at the Planning Comnission's public hearing. He felt that Mr. Carlson had foilowed the correct procedure and should be allowed to proceed with his project. Councilwoman Moses asked if it would help if the buildin9 were farther back on the property? Mr. Burandt stated that he felt the other people would object to that. He felt the most logical solution would be for Mr. Car7son to attach the structure. �He stated that this was developing into a neighborhood feud, and that way why the other trro people wish to remain anonymous. Councilman Schneider stated that he had difficulty with people objecting anony- mously. People have every right to o6ject, but it was not ri�ght to do it anonymousty. Councilman Barnette stated that he agreed and respected Mr. Burandt for caning forward. He felt that it took courage for Mr. Burandt to cane foreward, but was still i❑ favor of Mr. Carlson. Mr. Carison stated that thzre is a large tree to the west of the proposed site and also a large pulm tree to the southwest of the proposed site. He did not want to have to remove those trees. He also planned on an inner court between the house and the 9arage. Councilman Fitzpatrick stated that in view of the unanimous decision of the Planning Covunission and even though he sympathizes with Mr. Burandt, he would like to make a motion. • MOTION by Councilman Fitzpatrick to concur with the Planning Commission's � reco�rsnendation for approval of Special Use Permit, SP q79_06 �- 161 - 62nd Way. Seconded by Counci7man Barnette. . Mdyor Nee asked if there was any way to work out a compromise?. �Councilman Fitzpatrick stated that the only co�romise he could see was for Mr. Carison to attach the structure to the west and Mr. Carlson gave the reasons why he did not want to do that. Mr. Burandt stated there was an 18 inch drop there that would require one load of fill to take care of that problem. Mayro Nee stated that since the fellow to the east didn't object, maybe he could put it further east. Councitman Fitzpatrick stated that the minutes of the Planning Commission explained why it could not go further east. ' Mr. Carlson stated that the reason he chose this particular location was I 1 because he was tying it in with the patio and the entrance to the patio would � be on the west end of the building, off the sun porch. If he put it to the ,� east it would be in front of his dining room window. i I�, Councilman Fitzpatrick stated that in approving this request, they would � i not be approving a specific location. i Mr. Sobiech stated that the Special Use Permit is to aliow the construction of I I a second accessory building. The location on the property should fall within I the code requirements. Normally, we attempt to review the concerns of the � i neigh6ors and certain locations are picked out because they have minimal � impact. So a Special Use Permit�is usuall a � Y pproved with a plan in mind. ��, �^ 19n PAGE b REGULAR MEETItlG OF JUNE 18. 1979 Mr. Herrick stated that if a Special Use Permit were issued with a limitation on the locatioiS, Councilman Fitzpatrick's statement would be correct. He stated that Council has the alternative�of issuing a Special Use Permit and specifying a location. Mr. Herrick stated that an alternative would be to return this to the Planning Comnission. Councilman Schneider stated that he would like to see the property. He didn't look at it prior to this meeting because there were no objections at the Planning Commission public hearing. � Mayor Nee stated that one week would solve his problem and give him a chance to look at the property. Councilman Fitzpatrick stated that with the permission of Councilman Barnette who seconded the motion> he would withdraw his motion and make a�motion to continue this for one week. � Councilman Barnette stated that one week would be satisfactory, but would hope it would not be any longer than that. He felt that Mr. Carlson had andeitvwou7d�nothbewfairuto�Mra Carisonnto puttit offaany�longerethandonehis week. Councilman fitzpatrick stated there was a conference meeting next week and asked if they could take action at�that meeting? Mr. Qureshi stated that Council could look at it and give Staff the authority to do what Council decides. . -Mdyor Nee stated that if they reach an agreement next Monday night, Staff could issue the Special Use Permit and Council could confirm it on July 9th. If they don't agree> it would have to come back to the July 9th meeting. Councilman Barnette asked that the people who have objections be at the meeting next Plonday night. He suggested they be notified. Councilman Fitzpatrick stated that he would make a motion to continue this until next Monday night, but pointed out that there was a motion on the floor and asked if the seconder agreed to withdraw it? Mayor Nee stated that they didn't have to withdraw that motion now. M07ION by Councilman Fitzpatrick tRobert�Carlsonsi161at�62ndfWaye forUOne for Special Use Permit> SP �79-06, by week and if no agreement is reached at next week's meeting, a final decision will be made on July 9th. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated that in reading the Planning Commission minutes re9arding the philosophy and requirements of a Special Use Permit, he found a statement that troubled him. That statement was that the City has granted Special Use Permits because they were threatened with a law suit. He didn't recall that they had done that, in fact they had been to court several times when they have denied one and v+ere sued. The�Plannin9 Comniss'�on and Council should be aware that when a Special Use Permit is denied> the burden of esta6lishing why they are denied is on the City. They have not granted one because of a threat - to sue. On occasions, he has recommended they grant one when they did not have ar�y valid reasons for refusin9 to Srant one. As long as the Planning Commission and Council realize tnat, he did not feel they would have ar�y problems. But that statement bothered him. Councilwanan Moses asked if a valid reason for denyin9 a Special Use Permit would be devaluing someone else's property. Mr. Herrick stated it would but that would have to be proved. REGULAR MEETING OF�dUNE 18, 1979 PAGE 7 1�� Councitwoman Moses asked if they would want someone rtwre knowledgeable like � an appraiser to look at sanething like that? Mr. Herrick stated that normally that wouldn't be necessary. The property owner and the objector should state their reasons and if there was a real question they could have a real estate person who was disinterested look at it and give an opinion. But normally they would not have to do that. YACATION REQUEST SAV °79-03 BY THE CITY OF FRIDLEY, 59TH AND 60TH AVENUES BETWEEN 2; AND 3RD STREETS• Mr. Sobiech stated that Planning Comnission made a motion that a meeting be set to discuss this matter. He asked if Council would be interested in that meeting? He stated that the owner of the apartment building would be living there soon, about the last week of June. He suggested th�y wait until the � owner has moved in and p�an a meeting on the site with the neighbors involved and with the owner of the other apartment building who lives in the metropolitan area. Councilman fitzpatrick asked Ms. Gabte if that timing would be acceptable. Ms. Gabel stated that she had two comp7aints this evening before coming to the meeting. Councilman Fitzpatrick stated that he had read the minutes and agreed they had talked about this enough, but the proposal was to talk once more. He would have no ebjection to that meeting. MOTION by Councilman Fitzpatrick to concur with the Planning Commission's recomendation that a meeting be held. Seconded by Councilman Schneider. Councilman Schneider stated that he would like to attend that meeting and asked that he be notified. Mayor Nee stated that the motion was to have a special meeting. Upon a voice�vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the Planning Comnission minutes of June 6�, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously. RECEIVE THE CABLE COMMISSION MINUTES OF �UNE 5 1979• MOTIOIJ by Councilman Schneider to receive the Cable Television Commission minutes of June 5, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF PAINTING OF HOUSE NUMBERS Ofd CURBS, K. STEVEN RICE: Mr. Sobiech stated this was a request to allow or permit house number �. painting on curbing. This has been done several times in the past and has aided our emergency services such as policc and fire. Mr. Sobiech gave . Council copies of notices similar to the notices Mr. Rice would be passing � out. Mr. Rice is currently working in Edina. '� Mr. Rice stated that Council was given two examples of the notices he passes , out. One example was the original version of the notice he generally ' passes out and the other is a revised notice that specifically states that �( people are not required to pay for the service. He wanted to make that �� clear because there were some minor complaints from some residents. He explained that the way he works is to pass out the leaflets and wait one ,� or two days in order to give the people who don't want it a chance to call, '� . then he would paint the numbers on the curbs and then would collect. The collection is termed a donation with an estimated value of $3.00. From ! experience, the majority of the eo le will j P P pay the $3.00, some will give , $1.00 and some will pay $5.00. By stating that they don't have to pay, � people don't fee] forced into it. Regarding the benefits, they are reflective numbers that show up at night and are a help to City services and private citizens. He was not sure how the winter would effect the numbers because he never did this in this kind of climate before. His previous experience with this was in San �iego and Arizona. REGULAR MEETING OF JUNE 18, 1979 PA�E 8 �I i.92 ! Councilwoman Moses stated that then the City would pay nothing and Mr. Rice �I would do all the collecting, etc. Al1 he needs is permission. il Mr. Rice stated that was correct. He stated that he lives in Isanti and . �I Edina is further away from him than Fridley so it would be more economical for him to work in Fridley. Councilman Schneider stated that the notice indicated that peopie should � send it back if they don't want it. He asked wfly they couldn't ask people i if they want it. Mr. Rice stated that depended on the process he used. This way seems �. to work best for him. ihe majority of the people like it. I Mr. Sobiech asked Mr. Rice what kind of complaints he received. I, Mr. Rice stated that some of them were that the people didn't ask for it> �I � thGy didn't like the looks of it, it creates a bad effect with the black and white numbers going down the street and some people didn't want to be - the same as everyone else. i Mayor Nee stated that this was done in the past in Fridley and he didn't il recall any complaints. � Mr. Herrir,k stated that he understood that the police and fire departments I said it was helpful. He wasn't sure how long the numbers lasted. Mr. Sobiech stated this was done in 1970, 1974> and 1976. and seem to � ' last two to four years. � Councilman Schneider asked Mr. Rice if he could 9ive people a week to . respond to the notice. Mr. Rice stated that most people resond within the first day.. .If Counci�l wanted him to g5ve people a week, he would, but it would be easier for him to continue as he has in the past which would be to give people only one or two days. . Councilwoman M1ioses stated that if people are on vacation or simply don't i see the notice the first two days,-�t would be better if they had a week. She asked if five days would be too many? � Mr. Rice stated that would make it more difficult. Mr. Qureshi stated that he felt there v+as some value to havin9 numbers on the curbs but also had several concerns. His first concern was that they were usin9 implied consent by the City and secondly, if the numbers are . painted, some people would feel obligated to pay for it. Councilman Schneider agreed and stated that he had no problem withthe request except tnat if someone is on vacation and comes home to find the numbers painted they might resent it that someone invaded their privacy. Councilman Fitzpatrick stated that he didn't agree with Mr. Qureshi's statement about implied consent. The notice made it quite clear that this was a private enterprise. Councilman Barnette stated that if it was done 6efore and nobody objected, it didn't seem likely they would object now. Mr. Herrick stated that he didn't recall ar�y objections. MOTIO� by Councilman Barnette to approve the request to paint house numbers on curbs with the stipulation that Mr. Rice distribute the notices, 9ivin9 �people three days to respond, paint the numbers and make collection. Also, the notice must be approved by City Staff and the whole City will have the opportunity to receive the service in order to make it uniform. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. - REGULAR MEETING OF JUNE 18, 1979 � pp�E g 19 3 Mr, Sobiech stated they received a notice from the Environmental Protection Agency (EPAJ and also concern from Councilman Schneider regarding certain proposed noise rules and regulations froni the EPA regulating railroad properties. The Minnesota Pollution control Agency (P1PCA) has reviewed the proposed regulations in detail and gave them a copy�of the draft they � ;� propose to give to the EPA. Generally, they are saying that they don't feel � the EPA even has the authority to propose these rules and regulations as far � as health standards. Secondly, one of their main concerns was that � there is 24 hour monitoring of these facilities which could over tax I staffing and local resources. The necessary equipment involves certain com- puter type programming and quite sophisticated equipment which the MPCA � comnents that they don't even know if it exists. If it does it would be rather 'i costly. Their other comr�ent was that the noise standards that are being proposed are not as restrictive as existing State and Local standards. The MPCA feels that ' the local jurisdictions, perhaps the State, would be better able to monitor and propose certain ordinances which would regutate the health standards of their own �''� com�nities. The also drafted a letter which they wi71 forward to the EPA in- � dicating their concerns. We feel generally that the standards do not benefit � the community and perhaps might in the long run prove detremental. He stated �� they have proposed an action similar to what they understand Minneapolis is � , going to do . They are going to indicate their concern for the proposed �� rules and regulations and urge the EPA to take into account the comnents � from the MPCA. ', Councilman Schneider asked who they would send the resolutions to? Mr. Sobiech s�tated they would send it to same docket number and railroad comnission that is on the MPCA comments. Mr. Herrick stated that he understood that the noise-regulation discussion will be 6efore the MPCA at their next meeting. He stated he would take their input to that meeting. � Mr. Sobiech stated there was a July 2nd deadline on receiving input. . . HOTION by Councilman Sch�eider to adopt Resolution�No. 89-1979. Seconded by Councilman Fitzpatrick. � . Councilman Schneider stated that it was his understanding that the EPA is proposing some regulations which would circumvent the local and State regulations regarding noise levels that are allowable in railroad yards. And further, it would require some significant different types of ineasuring which would establish a higher ratio of noise levels. Mr. Qureshi stated that when the railroad yard was expanded in Fridley, they put quite stringent requirements on it and this has worked rather well. Upon a voice vote, all voting aye, Mayor Nee declared the rtrotion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER, WATER AND STORM SEWER PROJECT N0. 127: MOTION by Councilman Schneider to receive the bids for Sanitary Sewer, Water and Storm Sewer Project No. 127. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated that the low bidder, Kenko, Inc. had bid $360,568.02.� He stated that Kenko had performed in Fridley before and�their work was satisfactory. He would recommend they 6e awarded the contract. MOTION by Councilman Schneider to award the bid to the low bidder, Kenko Inc. in the amount of the base price bid of $360,568.02. Seconded by Councilman Fitzgerald. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� REGULAR MEETING OF JUNE 18, 1979 Kenko, 1nc. 8275 Central Avenue N.E. Minneapolis> MN Northdale Construction, Inc. 9755 - 89th Avenue t�o. Osseo, MN 55639 C. 5. McCrossan> Inc, Box AD Osseo, MN 55369 6. L. Contracting, Inc. Box 340 � Hopkins, P1N 55343 Orfei & Sons, Inc 1156 Nomer Street St. Paul, �4N 55116 Park Construction Co. 7900 Beech Street N.E. Fridtey, MN 55432 E-'60,568.02 $379,430.45 $386,171.50 5398,536.55 $425,619.31 $465,845.82 PAGE 10 RECEIVING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER> WATER ANO STORM SEWER PROJECT N0. 128: MOTION by Councilman Barnette, to receive the bids for Sanitary Sewer, Water and Storm Sewer Project No. 128. Seconded by Councilwoman Moses. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiechstated that the low bidder was Dawson Construction, Inc. at $91,523.35. MOTION by Councilman Schneider to award the bid to the low bidder, Uawson Construction, Inc.> in the amount of the base price bid of $91,528.35. Seconded by Cnuncilman Barnette. Upon a voice vote> all votiny aye, Mayor Nee declared the motion carried unanimously. . Dawson Construction, Inc. 109 Benton Anoka, MN 55303 Kenko, Inc �� 8275 Central Avenue N.E. Minneapolis, I4N White Construction Co. 3321 - 39th Avenue So. Minneapolis> MN 55406 Walhunt Construction Co. 17545 - 6th Street N.E. Cedar, MN 55011 American Contracting Co. 1540 Yellow Brick Road Coon Rapids, MN . 0 & P Contracting, Inc. Box 505 Osseo, MN D-G-B> Inc. C.S. McCrossan, Tnc. Box AD Osseo, MN 55369 Ideal Enterprises, Inc. 937 Swift Street . Shakopee, MN 55379 $91,528.35 $96>492.55 $97�>277.06 $101,331.34 $101,472.89 $112,342.2) $114,541.95 $119,769.82 $124,7D1.58 � I i � REGULAR MEETING OF JUNE 18, 1979 PAGE 11 195 Mr. Sobiech stated the resolution was to advertise for bids for the repair of some recording and totalizer equipment for Commons Filtration Plant. We have had the experience over the past several years of some, what we feel, exorbitant i costs related to this equipment and also the distressing fact that we can no longer get therepair parts for the existing equipment. This wasn't all that bad ' because after reviewing it we found that the life of the equipment is up. The � equipment we are replacing is the recording and totalizing of our consumption of � our water system. We utilize these records not lonly for processing the state of j our consumption throughout the year but also in monitoring the wells to indicate � where we might have problems where preventative maintenance might have to be � performed. Mayor Nee asked why it says repair instead of replace? I Mr. Sobiech stated it was a part of a total meter system where we are repairing � the meter but replacing a certain recorder and totalizer. Perhaps we should change it to maintenance of the recording and totalizer equipment. . I Councilman Schneider asked if this was budgeted for? � Mr. Sobiech.stated that it was not specifically budgeted for but was under the maintenancc section for repair and maiqtenance of a general nature. MOTION by Councilman Barnette to adopt resolution li85-1979. Seconded by Councilman �I Schneider. Upon a voice vote, all voting aye> Mayor Yee declared the motion carried unanimously, � MOTION by Councitman Barnette to adopt Resolution k86=1979. Seconded by Council- woman IAoses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F10TION by Councilman Barnette to adopt the resolution k87-1979. Seconded by Cnuncilman Schneider. Mr. Nerrick stated that both the Mayor and City Clerk should sign the resolution. He requested they approve an amendment to that effect. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nnanimously. MOTION by Councilman Schneider to amend the resolution and add the Mayor's signature. Seconded by Councilman Barnette. Upon a voice vote> all voting �ye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated that this was an old problem from 1962 where somebody in the . City had some problem making certain that a 7and owner did something, so they �.. fited a requirement for paying the specia7 assessment which have since been paid up. The new owner of the property wants�some assurance tf��at this is no longer a problem. Upon a voice vote, all voting aye, Mayor Nee�declared the motion carried unanimously, i APPOINTMENT: CTTY EMPLOYEES: I MOTION by Councilman Schneiden to concur withthe City Manager's recommendation. I Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ; ---.__. -----.__. __.... - 1�� RE6ULAR MEETING OF Jl1NE 18, 1979 NAME Mischelle C. Boerger 3455 Tyler Street NE Minneapolis, MN 55418 William S. Deblon 305 Aurora St. Paul> MN POSITION Purchasing Clerk City Manageinent Associate Planner , I PAGE 12 ' I SALARY EFFECTIVE DATE REPLACES '� I $666 June 25, 1979 Judy Weich month $14,000 June 19, 19J9 Ray Leek �, year j CONSI�ERATION OF DFL CLUB REQUEST TO USE COMMONS CONCESSION BUIL�ING: I1s. Modig stated that they would like permission to use the concession buildin9 on June 22 for the 49er's ba11 game form 6:00 P.M. on to seil pop and popcorn. There will not be ar�y other concessions on the grounds that evening. MOTION by Councilman Fitzpatrick to grant permission. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: - MOTION by Councilman Schneider to approve the licenses as on file in the Licensing Clerks' office. Seconded by Councilwoman Moses. Upon a voice vote> all voting aye, �tayor Nee declared the motion carried unanimously. CLAII4S: MOTION by Councilman Barnette to approve the claims. Seconded by Councilman Fitzpatrick. Upon a voice vote> all votin9 aye, Mayor Nee dectared the motion carried unanimously. ESTIMATES: � � MOTION by Councilman Fitzpatrick to approve the estimates. Seconded by Council- man Schneider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimousiy. � Walhunt Construction Company 17545 - 6th Street N.E. Cedar, MN 55011 Final Estimate S& W Project No. 126 E.D.S. Construction Co. 360 Larpenteur Avenue West St. Paul, MN Partial Estimate k2 - Municipal Garage Addition $15,406.57 $11,070.00 Patch ERickson Madson, Inc 2311 Wayzata Boulevard Minneapolis, MN 55404 Partial Estimate #3 - Mdy inspection, Municipal Garage Addition $ 250.00 Talle, Nerrick & Munns 316 East Main Street Anoka, MY 55303 For Services Rendered as City Attorney for May, 1979 $ 2,910.20 For Services Rendered re: Bureau of Engraving Industrial Revenue Bonds . $ 550.00 ) i' REGULAR MEETING OF JUNE 18, 1979 PAGE 13 197 Island of Peace Project (to be paid out of interest money) Northern States Power Co. P.O. Box 9477 . Minneapolis, MN � Electricity � � E 7.85 Minnegasco 714 2nd Avenue So. Minneapolis, MN 6as Service for May, 1979 5 84 LP Gas 6.10 Fridley Our p�yn Hardware 214 Mississippi Street N.E. Fridley, MN 55432 Nuts and bolts 9 80 70iAL ;pg 59 COMMUNICATIONS: MINNESOTA �EPARTMENT OF TRANSPORTA7ION: SIGNAL INS7ALLATION AT 81ST AYENUE AND T.H. #47: , MOTION by Councilman Schneider to receive the communication. Seconded 6y Councilman Barnette. Councilman Barnette stated that he would question what thls would do to our intersection at 69th and 47. r �, Mr. Sobiech stated that at this point he did not think it would have any effect. i, He stated that it had been discussed and something would be forthcoming on 69th. He stated that he had brought to the attention of MnDot that they had indicated it would be split - 5% to the State and 5% to Fridley. He stated there would be a change here and it would be split - 5� to the State, 2?% to Fridley and 2� to Spring Lake Park. They understand that. Councilwoman Moses stated that she understood that the light at 69th cost about $104,000 and on this one it says 580,000. Mr. Sobiech stated that §104,000 is the totai improvement including engineering administration, etc. The $80,000 is just the construction cost. The $24,0p0 difference is the administration cost. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ADJOURN: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the June 18, 1979, regular City Council meeting adjourned at 9:45 P.M. - (�-' Respectfully submitted, . I Kathy Shelton Wil7iam J. Nee Recording Secretary Mdyor Approved: . �' � E �".� �._ �" 1� ��'�' �:�"��•�� L REGULIIR ifitETING - JUNE 18, 1979 - 7::0 P, P?, MG"10 T0: DCPARTI•��r-r,r H�nvs FOLLOWIhJG AKE TIIE ��ACTIOi'1J P\EEDEDJ�, PLEASE HAVE YOUR AN�VJERS BACK IN THE CITY I'�ANAGER�S OFFICE BY THE I'IEDfdLS➢AY B[FORE THE NEXT RCGULAR COUNCIL f•1EETING. �i-fANi< YOU, ,��, .� /97%/ T ArPf;GVAL OF i �I(JUTE�: REGULAR I'�EETING, �UNE 4, �,�'i]9 1�� •. �llUri I UiJ GF F�GEfJDA : Adopted as presented GrEN F�iiU(�, VISITURS: �CONSIDERATION OF ITEf•iS NOT ON ��GENDA — �S :''�INUTES) Tom �+lyhra, President, Fridley Independent Republican Party, questioned the Council about how the programming and maintance of the North Park Visitation Center is going to be funded. „ � FUBLIC HEARIfJ�S: PUBLIC I'iEARING ON f([ZONING ZOI� %�-Ci, THE LIFT-SKI AND BIKE, INC�� E�i�J nIGHV�AY �'J0� 05 � � , � � � � , . � � � � � � � � � i - � � Publi� Hearing closed NO ACTION IVEEDED (See Item No. 3) iUBLIC hEARING ON kLLEY VACATION, Si�V �ri.�,-O�, �iATHRYN GERARD BETWEEN '+�STH AfVD 4gTH hVENUE �v,E„ & ZND ST, �uvD 2 2 Sr, (J, E, , , , , , , , , , , , , , , , , , , , , , , , , , , 2 - 2 D Public Hearing closed . NO ACTION. NEEDED: (See Ite�n i�o. 4) NEYu BUS I NESS : CONSIDERATION OF IST READING OF GRDINANCE TO Ar`:END CITY CODE OF CITY OF FRIDLEY -�EZONIN6 ZG�i n]�-O.'t, THE LIFT-SKI APID BIKE, INC, , , , , r , , , , , � � � � Ordinance approved on first reading � ACTION NEEDED: Put on next regular meeting for second reading kEGULAR i'iEETING, �UNE lo, ly/y NE�'d BUSIiVESS (CaNTI�JUED) AGE CONSIDERATIQN OF IST N�EADING OF ORDINANCE.UNDER SECTION �Z,'�� OF CITY CHAR7ER TO VACATE STREETS AND �,LLEYS - KATHRYN GEftARD �LiLOCK 5, PLYNiOUTH FIDDITION) . � , , , , , , , , , , , , 4 Approved on first reading ACTIOfd NE[DED: Put on next regular meeting for second reading COiVSIDERATION OF VARIANCC RE�UEST BY GREAT EXPECTATIONS, /C7� - S�RD hVENUE � , � . � � � . � � � � � � . � � � � 5 REQUEST WITHDRAWN - NO ACTION NEEDED RECEIVING THE FLANNING �OhiMISSIOP� �IINUTES OF �UNE �3, ly%y � � � � . . , � . � � �. � � � � . � � � , 6 - E X 1. Request for Special Use Permit, SP #79-06, by Robert Carlson, 161 - 62nd Way . . . . . . . . . 6 - 6D & 6U & 6V P.L'. Recommendation; Approval with stipulation Council Action Required: Consider recomrnendation Item continued ACTION NEEDED: Put on next regular agenda for Council action. 2. Vacation request, SAV #79-03, by City of Fridley, 59th and 60th Avenues, between 22 and 3rd Streets ., 6D - 6L & 6W & 6X P.C. Reconunendation: Request be continued until meeting is held Council Action Required: Continue Item Item continued ACTION NEEDED: put back on agenda for Council action after meeting has been held �.L"L��iPJ�S.�;_ �CONTINUEU) f�ECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF .iUNE 5, 1979 , , , , , , , , , , , , , , , , , , , , , , 7 - 7 D Minutes received ACTION TAI:EN: 1�1inutes have been filed for future reference CONSIDERATION OF PAINTIN6 OF HOtJSE P�Uh1BERS ON CURBS, K� STEVEN RICE � � � . � � � � , � � � � � 3 — � � Approved with stipulation IC WORK ACTION NEEDED: Inform applicant of Council action CONSIDERATION OF APPROVAL -0F LETTER REGARDING h�1NI/I`�OTOR BIKE RECREATION AREA , , , , , , , , , , , , � Approved ACTION TAKEN: Letter has been forwarded to Anoka County RECEIVING BIDS AND AWARDIN6 CONTRACT FOR SANITARY SEWER, I'fATER AND STORM SEWER PROJECT P�O, IZ� �O — IO R � � . � . � . � � � � � Bid was awarded to Kenko, Inc. in amount of $360,568.02 PUBLIC WOR S ACTION TAKEN: Inform bidders of Council action e FINANCE I I�Ei��S,INE�S� iCONTINUED) RECEIVING BIDS AND F�WARDtNG CONTRACT FOR SAPJITARY SEWER, �'�ATER AND STORM SEWER PROJECT P�O, IZ�' ll- 11 A � , � � , � . � � , � � , Bid Awarded to Dawson Construction, Inc. in amount of �9T,528.35 ACTIUN NEEDED: Inform bidders of Council action CONSIDERATION OF A RESOLUTIQN TO F��DVERTISE FOR BIDS FOR REPAIR OF RECORDING AND TOTALIZER EQUIPMENT FOR COMt�10NS FILTRATION PLANT ,.,, Resolution No. 85-1979 adopted ACTION P�EEDED: Proceed as auth�rized CONSIUERATION OF A RESOLUTION AUTHORIZING AND llIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS .i19J AND 7200, SECTION 11, AND APPORTIONIN6 INTO EAST RANCH ESTATES, 5RD ADDITION , , , , , , , , , , , , , , , , , Resolution No. 86-1979 adopted ACTION NEEDED: Proceed as authorized , , , , � 12-12A � . , � , 13-LC CONSIDERATION OF A RES�LUTION VACATING A TEMPORARY CONSTRUCTION EASEMENT FOR STORM SEWER AND �TILITY PURPOSES �EGARDING PROJECT S$-IL, CONDEMNATION P�O, Z�I�O , , , , , , , , , , , , , 14 Resolution No. 87-1979 adopted ACTION NEEDED: Work with City Attorney and proceed as authorized. . �'e��S� iCONTINUED) CONSIDERATION OF A I�ESOLU7IOfJ RELEASING THE DECLARFlTION OF COVENANTS AND P,ESTRICTIONS AND PtOTICE OF SPECIAL ASSESSMENTS FROhi REAL ESTA7E RECORDS FOR LOT G, �LOCK S, EDGEWA7ER GARDEN ADDITIUN, 70-66rH tJav fJ�E, , , , , , , , , , , , , , , 15 Resolution No. �38-1g7g adopted • ACTION NEEDED: Work with City Attorney and proceed as aui:horized. APPOINTMENT: CITY EPiPLOYEES , , , , , , , , , , , , , , �6 Council concurred with appointments ACTION NEEDED: Forward personal action form to Accounting � CONSIDERATION OF DFL CLUB REGUESJ TO USE COMMONS CONCESSION BUILDING� � , , , , , , , , , , , , , , , , , i� Permission granted PARKS & REC ACTION NEEDED: Inform DFL of Council permission �ICENSES . � . � � , � � � . , � � , � � � � � � . � � � 18 - 18 E Approved FINANCE ACTION NEEDED: Issue licenses