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10/01/1979 - 5645� L.� %._� �f..J � ��3��'�,� ��'�' ��t�l�� L REGUL/�R P��EETI�lG - OCTOBER 1, 1979 - 7:30 P,� f�, MEf�10 �rf�; Dr_r�n�;�r��r��r Ile��s FQLL01�lING ARE TI-IF ��ACTIUNS NELDLD"� PLEf�SE I-IAVC YOUR ANSWERS . BACI< IN TI-IE CI'iY �`�AP�AGCR�S 4FFICE BY TI-I� Lti�CDNESDAY BE1=0RC�THC N�XT REGUL/�f: COUNCIL MEETING, THANI< YOU� COc.-(o�e.c� !O� l�f 7q� CITY P+IANAGFR � CiTY MAN�IGER � aPPROVAL OF MIilUTES: PUBLIC iiEARINC ��CETING, SEFTEMBER 17, I979 Approved REGULAR P'�EETING, SEPTE��IBER �Z�, 1979 �THESE MINUTES WILL �E AVAILA�LE.�`�OND,�Y EVENING) Tabled ta next meeting (October 15) so Counc�l can review �hem ACTION NEEDED: Put minutes on next m�eting fior Couricil approval A;70PTIO��J OF i�GE��D,'�: Adopted as submitted OP��d FO�Uit�, U I S �TORS : �O(�;SI�ERaTIO�� Qf= �TEMS NOT ON �GEND�t ° 15 ��INUTES Lee Ann Sporre: Informed Council of i�leeting Ociober 17 regarding Anoka County Airport and freeway OLD BUS I P�ESS : CONSIDERATIO� OF SECOND READING OF AN ORDINANCE - AMENDING CHAPTFR 4O5 �NTITLED CABLE TELEVISION � FR/�NCNISE� � � � � � � � � � � � � � � � � . � �� Qrdinance No. 701 adopted AC,TION TAKEN: Ordinance published in Fridley Sun 9cto�aer 10, 197g 0 l-1B I PUBLIC WOR CITY MAi�AGE��, PUBLIC WORI: REGULAR ��EETING. OCTOBCR .�, �.�%� OLD BUSI�JESS �CONTINUED) PAGE Z CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT SP �`79-11 TO ALLOW INSTALLATION OF SELF-SERVICE �AS ' PUMPS I N CONJI�fJCTION WITH �dEW CONVEN I ENCE CENTER, BY ALLAN P`�� QHNSON OF �IP�I MILLER iEAL ESTATE (7751 EasT RIVER P�OAD)�TA$LED 9/24/1�79), , . , , , , ., �2 - 2 K iPETITIONER HAS REQUESTED THIS ITEM BE DELAYED UNTIL MEETING OF OCTOBER Z2, 1979) Tabled to meeting of October 22, 1979 ACTION PdEEDED: Put back on agenda of October 22, 1979. Inform Mary Martin, Sandy Meyer and others in area that this will be an Agenda - tJE�a BUS I i�ESS ; �ONSIDERATIOf� OF SECO�l� REA�INC QF AN QRDINANCE ADOPTING THE BUDGE7 FOR THE FISCAL irEAR iggO, �� 3 Qrcfinance No. 702 adopted ACTION TRKEN: Ordinance pui�lished in Fridl�y Sur� CONSIDER/�TION QF A REQUEST TO BUILDING A STEEL � BiJ I LD I NG �ARAGE FOR AN EX I ST I NG {iOUSE a-r 7743 E�M STREET IN A�ON-CONFORMING INDJSTRIAL AREA� �� 4- 4 B Tabled to the next meeting ACTIOPI NEEDED: Put on the next meeting of Gctober 15, 1979. Jerry Boardman should wor,k with Virgil Herrick to get an opinion on non-conforming use expansion, and then work out an overall plan of cleanup and upgrading of property, and talk to the City Manager before the meeting. PAG i'��'J BUSIiVESS �CONTINUED) CONSIDERATION OF A REQUEST TO ENCROACH 1�04 FEET ON A DRAINAGE EASEMENT AT 6249 BEN I'�ORE DRIVE ��, 5- 5 C Approved BLIC �JORK ACTIOtd NEEDED: Inform applicant of Council action PUBLIC ��OR PUBLIC WOR FINANCC RECEIVING APPEALS COMMISSION MINUTES OF • SEPTEMBER 13, 1979, , , , , , , , , , . � . , . , , , , 6 - 6 U l. Variance request to reduce front yard setback from required 35 feet to a�proximately 18 (+/-) to allow enclosure of two sides of existing struci:ure for a 10'x16' screen porch, by Rosemary Landis, 530 Janes- ville St . . . . . . . . . . . . . . . . . . . . . . 6a - 6E Appeals Comm. Reco�mendation: Tie motion & 6R, 6S , Counci.l A�tiQn Required: Consideration of request Council approved variance ACTION NEEDED: Inform applicant of Cauncil appr�oval with stipulation of upgradi!�g pr�pnrty. � � 2. Variance request to reduce front yard 'setback from 35' to 27.2' to allaw an 8'x20' addition io existing atta�hed garage, so part of existir�g garage can be used for a family room addition, by Herbert C. �, Johnson , 7476 P�1e1 ody Dri ve . . . . . . . . . . . . 6H - 6h1 Appeals Comm. Recommendation: Tie motion & 6T, 6U Council Actian Required: Consideration of request Council denied variance ACTION NEEDED: Inform applicant of Council denial ' CONSIDERATIDN OF AUDITING SERVICES FOR THE YEAR END I NG DECEMBER 3�, 1979 � � � � � � � . � .� � � . � � � � 7 - 7 A Council approved George M. Hansen Company as Auditor for 1979 audit ACTIQN NEEDED: Inform George M. Hansen Co�l�pany of Council action f FINANCE FINRNCE FINANCE � 0 �FG(ll AR I��f=FTING, ��TOBER 1. �.g%� i�Ei"J �USI��ESS �CONTINUED) PAGE 4 CONSIDERATION OF A�ESOLU7ION C��TIFYING CHARGES .TO THE COUNTY AJDITOR TO BE LEVIED AGAINST CERTAIN PROPER7IES FOR COLLECTION WITH THE T/�XES PAYABLE IN 1�� i'�EEDS) � , � � � � � � � � � � � � � � � � � � , 8 - 3 A Resolution No. 110-1979 adopted ' ACTION NEEDEq: Proc�ed as authorized CONSIDERATION OF A RESOLllTION CERTIFYIf�G CERTAIN DELINQUENT rt'�ATER AND SEVJER CHARG�S TO THE COUNTY � AUDITOR F.OR �OLLECTION WITH THE 19�� TAXES� ��, 9- 9 I RQSOlutian No. 111-1979 adopted I ACTIQN NEEDED: Proc��d as authorized CONSIDE�ATION OF A RESOLUTION DESIGNATING POLLING PLACES AI�D taPPOINTING ELECTION .JUDGES FOR THE i��OVEMBER 6, 1979 uEfdERAL �LECTI ON � � � � � � � , � . � � Restilution Nc�. 112-]979 adopted ACTION �dEEDED: Proceed as authorized 1U-10B 0 � FINANCE FINANCE ��'�1 �USIi�ESS CCONTINUED) CONSIDERATION OF A I�ESULUTION DIRECTING THE ISSUANCE • OF TEMPORARY IP�iPROVEP1ENT BGNDS IN ACCQRDANCE WITH . LAWS OF 1957, CHAPTER 3u� i�E �"iATER, SEWER AND STORf�I SEYJER IMPROVEf�IENT PROJECT ��0, 127 ��. 11 — 11 E Resolution No. 113-1979 adopted ACTION NEEDED: Proceed as authorized GONSIDERATION ar- A�ESQLUTION DIRECTING THE SALE AND PURCHASE OF TEMFORARY IMPROVEMENT BQNDS IN � ACCORD�INCE WITi-1 LAWS OF �.9�%, CtiAf'T�R 3S� RE o�IATE�, SEa1ER AND STORM SEbVER IMPROVEiycNT PROJCCT ,��a , 127 �� Resolution No. 114-1�79 adapted ACTION NEEDEl7: Prn�eed as au�horized , . . 12 CONSIDERATIC�N OF �1 i�ESOLUTION C�ELATIPJG TO SA�E- � GUARDING Q�l`S �QPYRIGHTS (LOGIS)e � � � � � � � . � � 13 — 13 C Resolution Plo. 15-1979 adopted FINAPJCE ACTION PJEEDFD: Forward resolutian on to appropr�iat� persons at LOGIS � FINANCE CONSIDERATION OF A RESOLUTION CERTIFYING TAX LEVY REQUIREl�1EP�TS FOR 1930 TO THE �OUNTY OF �N01<A FOR COLLECTIOPd� � � � � � � � � � � � � � � � � � � � Resolution No. 11G-1979 adopted ACTION NECGED: Pror.eed as authorized , , , 14 — 14 B " � �CITY MANAGER ICITY MANAGER FIPdANCE � FINANCE �,� � �--r�._,.s:,_ ._�,:.�.-. 4 ��'� � /%�i4, �2 LGa � � � ... .�-.-a. y-�Q,,c.�.. 0 �'�/�� _.�..� ; s"a�? �"cv,�-�,�:-�. s r. �- & : 7'i��'°��. ,�,.��/�j� �'' ._._ / �� V C1c. /l �''S r% t�! l`e, 257 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 17, 1979 The Public Hearing Meeting of the Fridtey City �ouncil was called to order at 7:48 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 fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette. MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON 1980 CITY BUDGET INCLUDING AMOUNTS TO BE BUDGETED FOR REVENUE SNARING PURPOSES: MOTION by Councilman Fitzpatrick to waive reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously and the public hearing opened at 7:49 p.m. - Mayor Nee stated that the Council had spent al�:,ut five months reviewing particular parts of the budget in a series of ineetings with department heads , and City Manager. Mr. Qureshi, City Manager, stated the total af the General Fund portion of the budget is $4,938,044, with $230,000 to be financed by Revenue Sharing �unds. He stated other funds in the budget this year are Special Revenue, Debt Service, and Capital Project, which makes an overall total budget of $5,868,168. . Mr. Qureshi reviewed the items, financed through revenue sharing, which included the areas of generai governmen±, public safety and recreation. In the area of general government, revenue sharing funds would be used for public information; in the area of public safety for crime prevention, traffic enforcement, fire suppression and civil defense; and in the area of recreation, for tree disease programs, improving environmental aesthetics, improving culture and arts, and services to senior citizens and teens. Councilman Schneider questioned if the items previously discussed were in�! cluded in the budget. Mr. Qureshi stated, the Council had indicated they H�ished two resusitators included, instead of one, which amounts to an additional $700. He stated drapes and folding chairs were deleted. He stated there was also provision made for a sod cutter in the Park Budget which Council felt should be r eliminated. { �. Mr. Qureshi stated Councilman Fitzpatrick had indicated that Plymouth Park needed some upgrading and $2,480 has been allocated to provide better turf, to resurface the existing blacktop and provide new basketball goals. 258 PUBLIC HEARING MEETING OF SEPTEMBER 17, 1974 PAGE 2 Mr. Qureshi, City Manager, stated that CounciTman Schneider had requested funds be allocated for Rice Creek Park and stated $600 has been allocated for resurfacing of the infield. He also stated that possibly some new equipment would be added. Councilman Schneider stated the Council had discussed possible changes in scheduling for the Fire Department and questioned if there were funds in the budget to cover these changes should an adjustment be made. Mr. Qureshi stated the budget is adequate to cover these adjustments and pointed outthere is more reserve this year because of the condition of the ecnnomy and inflation. Councilwoman Moses questioned if there would be any funds available for improvements at Madsen Park. She stated one of the ball diamonds is in need of repair and residents were wondering if the field coutd be re- paired so that it would be more useful for the children. She pointed out that the residents stated the pitcher's mound and bases were too far to make it useful for children. Mr. Qureshi, City Manager, stated if it is a matter of building a new facility, there wouldn't be funds available, however, if it invo7ves only maintenaince, he was sure funds would be available. Councilwoman Moses stated various groups have made requests for the City for donations and this matter was turned over to the Human Resources Commission. She questioned if funds had to be allocated at this time or if these amounts would be taken out of reserve. Mr. Qureshi stated funds would be taken out of reserve, if the Council approved these requests. Mayor Nee stated the budget is the result of a very e7aborate process that the administration goes through and the components are evaluated thoroughly before it comes to this point of the public hearing. He stated, basically, it is a"hold the line" budget. In some respects, items were trimmed } that have relative7y low priority. Ne stated the main increase has not i been for new programs, but increases due to inflation in personnel costs � and'items the City mu�t purchase. No persons in the audience spoke regarding the propased budget. MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously and the pubiic hearing closed at 8:06 p.m. PUBLIC HEARING ON PROPOSED WATER AND SANITARY SEWER, IMPROVEMENT PROJECT N0. 126: MOTION by Councilman Fitzpatrick to waive reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously and the public hearing opened at 8:06 p.m. Mr: Qureshi, City Manager, stated this project involved the construction of water and sanitary sewer lines in the area of 61st Avenue from East River Road to•Ashton Avenue to serve homes and industrial property in the area. He stated the cost per front foot for the water lateral is $14.67 and for the sewer )ateral , $7. 87 Mr. Qureshi stated the charge, where stubs were installed for water and sewer services, is $325.44 for the water service and �223.87 for the sewer service. GJ� V PUBLIC HEARING MEE7ING OF SEPTEMBER 17, 1979 4AGE 3 Mr. Brunsell, City Clerk> stated the reason for the difference in the foot- age is because Lot 13 is actually right-of-way for East River Road, however, it was listed in the Assessor's records as park property. Councilman Schneider questioned if the City assesses itself for the improve- ment. . Mr. Brunsell stated it is assessed for park property, but not for street right-of-wa�y. �; Councilwoman Moses stated on East River Road in the area of this project a lot of dirt is being hauled which is creating quite a mess and questioned what was being done. Mr. Qureshi stated the property receiving the fill was low and the person owning the property had plans to develop it and it was his desire to have this fill from the City's project. Mr. Qureshi stated, therefore, the City worked with the developer and the contractor in order to make arrangements to have this fill brought in to the property. He stated he realized it is an inconvenience for people using East River Road, however, the filling should be completed this week and the area would be cleaned. Mr. Nielsen, 7144 Riverview Terrace, stated he was the developer for this property and had plans to start building homes soon. No other persons in the audience spoke regarding this assessment roll. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor IVee declared the motion carried unanimously and the public hearing closed at 8:13 p.m. OLD BUSINESS: �� COfVSIDERATION OF PROPOSED AMENDf�IENTS TO CABLE TELEVISION ORDiNANCE ( , TABLEU 9/10/79): Mayor Nee stated this item was table� at the last meeting, at the request of Mr. Eddy. He stated it is his understanding that the Cab1e Television Company does not object in principle to the proposed amendments, but might objecl: to certain parts of the language. Mr. Eddy, representing the Cable Television Company, questioned when the public hearing was held regarding the amendments. Mayor Nee stated it was held early this year befare the Storer Company took over the franchise. Mr. Eddy stated he hoped to discuss the proposed amendments this evening and would like them brought back at a later time, after review by their legal counsel. Mr. Eddy stated in the last paragraph of the praposed amendment, under Section 405.252, Studio Facilities, he felt it should be set up on good faith, instead of the performance bond> sir�ce they have a very complicated and thorough maintenance program and make'repairs Svhen anything breaks or fails to operate. Mayor Nee pointed out that this language is notiv existing and is not part of the proposed amendment. He stated the only wording proposed to be added is "payable to the City". �+' Mr. Eddy stated he would like to go on record that, if the subscribers fee is going to be assessed, he felt better that the Anoka County Workshop is functioning and trusted that some of the funds will go to the Workshop. Mayor fVee felt Council was prepared to say the funds would be used for pur- poses of public television and would possibly continue funding of the Anoka County ldorkshop. 260 � PUBLIC HEARIN6 MEETING OF SfPTEMBER 17, 1979 PAGE 4 Mr. Eddy brought up the matter of the copyright fee. He stated he under- stood Mr. Clyde Moravet2 of the City staff did bring this question up with the City Attorney. He stated they are very concerned and would like to be able to amend the franchise to pass this fee on to the subscriber. He stated they are confident that with the subscribers they will b e getting, this fee would be a substantial amount•of money in the future. Mayor Nee stated the Cable Television Commission did consider this, but didn't recommend it. He felt they should deal with this at the Commission level. �, I Mr. Burt Weaver, a member of the Cable Television Co�nission, stated ; Doug Hedrin, the attorney for the Commission, came up with a problem regarding a court ruling that deait strongly with this issue, but felt it could be brought up again before the Commission. Mayor Nee stated he personally doesn't have a problem with it, but others felt it was just another cost of doing business. Mr. Eddy stated he would like to pursue it further at the Cable Television Cormnission level. Mr. Weaver stated, as pointed out, it was felt this item was a cost of doing business and possibly it should be brought up in this light. Mr. Eddy stated he realized they are receiving complaints from residents in the Innsbruck area where they have been doing construction. He stated he would like to assure the Council they are taking steps to contact the residents on an individual basis. He stated the lawns are being dis- turbed as little as possible and indicated they would be restored. Councilman Schneider a5ked if there was a junction box between every two homes. • Mr. Eddy stated they have to be spaced at certain intervals, however, in + some cases, they can be moved several feet in either direction, but there � isn't that much flexibility. ' Mr. Eddy stated he would like the opportunity to review these ammendments with their legal counsel and come back to the Council at another meeting. MOTION by Councilman Barnette to table this item until the next meeting. Seconded by Counciiman Fitzpatrick. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, questioned if the Fridley system has all the services proposed for Minneapolis. Mr. Eddy stated the Fridley system does not have the channel capacity proposed for Minneapolis, however, it is their intent to provide the services from Minneapolis to the Fridley residents, if they receive the franchise. Mr. Herrick stated the proposed Minneapolis system would offer some home security system and asked if that was available in fridley or would be in the reasonable future. Mr. Eddy stated it is not available now and indicated they would first have to make the Minneapolis system functional and there would have to be some modifications to make this service available in Fridley. Councilman Sehneider asked if the basic cable the company has now in � Fridley has enough band system to allow four sensors within the home. � Mr. Eddy stated with the system in Fridley, as it now exists, it would require quite a bit of modification. 261 PUSLIC HEARIN6 MEE7ING OF SEPTEMBER 17, 1979 PAGE 5 NEW BUSINESS: RESOLUTION N0. ]06-1979 CONFIRMING ASSESSMENT FOR WATER AND SANITARY SEWER PROJECT N0. 126: MOTION by Councilman Fitzpatrick to adopt Resolution No. 1Q6-1979. Seconded by Councilman Schneider. Upon a voice vote, all voti.ng aye, � Mayor Nee declared the motion carried unanimously. � � CLAIMS: ,, . MOTION by Councilwoman Moses to authorize payment of Claims No. 247E14 through 257832. Seconded by Counci1man Schneider. Upon a voice vote, • all voting aye, Mayor Nee declared the motion carried unanimously. , l 1� ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unas�imously and the Public Hearing Meeting of the Fridley City Council adjourned at 9:35 p.m. Respectfully submitted, Carole Haddad Secy. to the City Council William J. Nee Mayor Approved: ; �l A :; � Page 2 -- ORDINANCE N0. during the preceding calendar year. This fee payment shall be in addition to any other tax or payment owned to the City by the company. In the event that any payment is not made by April 1 as provided above, interest on the amount due shall accrue from such daie at the annual rate of 125% of the lowest "Prime" commercial lending rate established by any Fridley bank at the time delinquency occurs. Upon the petition of the company and a showing that it is in the public interest to do so, the City Council may, by a 4/5 affirmative vote, waive collection of all or any part of that portion of the payment required by this section that is attributable to compensation received by the company from its cablecasting operations for which a per-program or per-channel charge is made. 405.051 USE FEE DEDICATION 405.06 AUDIT All monies received by the City from the company under Section 405.05 of this ordinance shall be segregated from the General Fund and used by the City for purposes of CATV�regulation and other activities directly related to achieving the public purposes for which this Franchise is granted. At the time of its annual use fee payment the company shall file with the City a detailed financial statement prepared by the corporate treasurer or, when requested by the City, a Certified Public Accountant showing Gross System Revenues a� defined herein. The company shall also file any furthe►� financial information in regard to the company, its subsidiaries, its holding company or its subsidiaries which may be required by the City Manager io assure compliance with the terms af this Ordinance. 405.251 ADDITTONAL SERVICES On or before the first day of April, 1979, and an or before the first day of April of each succeeding year, the company shall submit to the City Council a plan for the coming year's operations which shall contain the following information: 1. The proposed number of channels to be provided and the allocation of those channels to specified uses, including proposed number of channels to be devoted to network �- affiliated television stations, non-network independent television stations, including educational television stations, and channels to be devoted to locally originated programs and leased channel uses. 1B Page 3 -- ORDINANCE N0. . 0 2. An estimate of the total number of cablecasting hours per week per channel which the company proposes to devote to local programming, and a general description of the types of local programs it proposes to originate. 3. A description of its proposed advertising program. 4. A statement of the use and availability of channels and f acilities by local political candidates. • • 5. A description of any plan for providing a duplex system and FM multiplex stereo and music channels. 405.252 STUDIO FACILITIES " The company shall construct, maintain and operate a coior studio and production facility within the City limits. At the request ' of the City Council, the company shall submit to it a plan for this f acility which shall include a description of studio size, type of facility, technical equipment, hours and time it will be operated and estimated construction or reconstruction time. The • company's plan shall also include information on how it will maintain in proper working condition its equipment to be used for local origination cablecasting and by access channel users. � Said plan shall be subject to the approval of the City. The company shall execute a performance bond payable to the City to insure compliance with this section. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY YHIS DAY OF , 1979. WILLIAM J. NEE - MAYOR �• ATTEST: CITY CLERK - MARVIN C. BRUNSELL - First Reading: September 24, i979 Second Reading�: � Publish . - � - 0 . SP #79-11 2 City of Fridley P]anning Corr�nission September 11, 1979 Fridley City Hall � : . . 6431 University Avenue N.E. �. , Minneapol9s, MN 55432 ', Gentlemen: . - � �In regard to the request for a Special Use Permit, S.P. #79-11, by �• Allen M. Johnson to allow the installation of self-service gasoline pumps � ' at 7751 East River Road N.E. in Fridley, Minnesota, we wish to state that we are very much opposed to the issuance of a permit for this purpose. The �raffic situation along this area of East River Road is already at a dangerous level and continuing to get worse because of the development of the area east of East River Road and no access across the BN tracks except at 77th Way N.E. This causes much delay and lane switching because of people turning into 77th from East River Road. � A convenience store will generate more of the same only a 150 yards north of 77th and the addition of gas pumps will make the traffic situation impossible. We would also comment that even a convenience store is a very poor choice for this location as there is no pedestrian crossing (with a light) north � of Osborne Road and the store will create an attractive nuisance for children living west of East River Road. These children will be trying to cross this road in a very congested and dangerous area. . . We are writing this letier because we must be out of town on,the date of the .heari ng but want our protest known. ' �• ,„ I� .� LEM:am r _.. Yours truly, � 4 �N.rl1f C ; �ZZ/'`rL`"�''� - L` � -t.✓J. . Lloyd E. and'Mildred J. Myers, r. •� 132 Stonybrook Way �J.E. Fridley, Minnesota � - . . , . . j, J�.• ` 3(. � � � i ; � . , �; \ . ` - r :t.-,. . ` vhl�` •2 1� Z27 z, ' ►. A � 11 - < � ' s, .�� ' ; ._:_.. . : _�, . ._._ _ � � io � � ' .: k sc n . . , . .. . : _ .. '� �� _'� _1..�� . f • 1 3 •r.....,.�-•.- , .. .:.... ;. o. •• „� 61AV . , _ • �•' ��z ` . - C, � . . . .... 1 . v� ss .. . . . �� `; : ' .� 1C4�6 = �a•.. �s j. �.bso �"1.. .s.f �, ~ �ZY�, _ . N ce . ._ . : , : • f�9 fY ' N. � d .� � . �� / _ , .. - ` �� . . . . �d ...1i1 .� h Ii �� ' � _yi,�� ..+�:�� . ��'� „ 1 ,.a+J.. �S'` j iJ.l''27l��,) � �ai ♦ � / � ♦ a • .J�. 1 >.:� � �i 1,�� :� i/ .� / � ��' % ..��II �., 'y.:1 � � � X'.' �. 't ♦ / • • :� � � �� 1 � . . ;� t ....:. Y �: , ` 1 Sp #7 and SAV .. � .-- � F � ,- j �.,, - #79-04, by ' i. ,'(. "�. .�, ,� �: -_! � �� ""=�` ;_ > __ lan Johnson for Jim Miller Real -' � '��. t ,� ; .: �� -N�' ,, - ,� -' , >=ti, { ;� ��t�te. Lot 2, B1 ock 1, and Qutl ot -. �-+�c - , Y � � � � =��. �' � � �; � �� r`�; �� earson�s Second Addition , -� •� �` ,. � � � � n �� S �. � ` '�....a ..-� :4 . � __„� . ,; r: �: s i) � - _�/� . 7 ,jj �' rn . „ �_� 0 ' i .... . . - . . � � . L�/�J�( �. l� � -� �n. t � - _ ✓.' t� _Y"°Y-'�.e� � �-.�'rT�.- �r �-T.a -,� -':'' P � f--�. _ V S°1 .. V_ .L .. �'C � J� L3 7C -F t. lr" -.�y i ^ . �, ✓ � . � .. .. � � . jI ' • .,., � . ., � w . . ,� v.d-'' �,." 1' 'ktt� �• I�! t Lr � `. : D L . L� , q � " ; �y „- c '^�' n" X... 4� t' 1 •�., ;. r i.�' �.. ^ .r .- ` � G) �• �t`� �� b � .� ./4� '_'�` ` � ` e' � �� . z: .� a? . ...r _:.t .ep � 1 � , •. .�. � . 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' , - r� / ; . . .. . . . . , . . . �� . . . . . . .. � .. - . , � � ? . � • � .._.__ ._ . . . . -'-'. . .._ . . . . ._... __---r-'---' - '...___.._ ._—"-' - -• ._.__.T .: . ._..._-.--.-��._.__-^____....___... � � ' . 1 � . . . i • ' �� .. ; . , �-�-'�---_•-•. - •-"--"'--A . . ar • , � � . . � ' ; � . _. � _. .... _. . . � _...-----___. ._. . � .._.. . . � ._ .. .__ � . _ i .. _. .�. ' � - - ;- . �' � : _ .__. .I._ _.__ . ._ _. , � � ��m ,. . . , , � ; , . �m . . . � _ . . _ . ' .. � . .... : : .. _ . � ; ... . . ......... - ! --.�.. .:. � .. .....:. : ��. .' ' � ; � �.' � �•�;.�•�, � ; � ' . ; ; ,� ��. � �. .. ' . .; - :. . ,• . . .. , . .: _ � . . :.; __ . . : .. . .... � �`� ` _ . , � ; i . . . � . �.� � . . 1 .� �LANIvZ�VG COMMISSION MT;GTING, SEP7.'F.��J3ER ].2, 1979 2 C i j 2. Pi3T3LIC liEARING: COIVSrDritl�TION OF A REQU�ST. rOR A SPi:CSAL US� PT:RMI SP ��79-11 BY ALLt1N M. JOIIP150N, JIM MILT.J:R RGAL rSTATL: Per Secti�n 205.101, 3, of ttie� Fxidley City Code, rt:o allow l.he installation of self-service gasoline pumps in conjunction with a new convenience center, to be located on Lot•2, Block 1, Pearson's �econd Ad�lition, along with Outlot A, Pearson's Second Addition, the same bein� 7751 East River Road N.E. � � Mr. Boardman explained thaC the proposed itemWas located on East River Road; just south of the Meadow Run Apartments, and north of Apache Trailer Sales. The access inCo this progertyuras suppose to be developed by all agreements on the joint driveway between this property and Apache Trailer Sales. Two more conditions are that there be no disturbance of thE: creek or creek area and to place scree�ing in the front. The store area wi11 be approximately 15,000 square feet. It is zoned properly, but the Special Use Pennit i:s xeyuired for installation and operation of the gas pumps to go along with the propo;;ed fast-food store. The other r�:quested permit.w� for a drainage and utility ea�oement vacation. Mr. Boardman also said the joint driveway entrance would be the or�ly entrance allowed. The developer, Allan Johnson, explained the proposal. Mr. Johnson said they axe proposing to construct a convenience center with a fast- food store. They feel i.t is necessary to install a couple self-service gas pumps for the customer coming to the store for a loaf of bread, or whatever. This does not � mean a setup like Holida.y �r Super America. The gas service is a low p=ofile operation and should not increase traffic. He went on to say the buzlding will have 15,000 square feet, there�aas adeyuate parking plus ro�m for good traffic flow. Mr. Johnson felt this development would compliment the Ci�y of Fridley. , Ms. Schnabel asked where excatly the pumps would be located. Mr. Boardman showed cahere the pumps axe to be located and said they were working on some type of barrier protection and better direct txaffic flow to>the pumps. Another� possible change w'as elimination of the driveway going around and'just having back-in delivery for the various facilities, This would keep delivery txucks out of the customex traffic flow. . � � Ms. Schnabel asked what the egress was off of East River Road. .r1r. Boardman said it��as 25 feet, which.is the normal access width. Ms. Schnabel asked if this driveway�vas shared with Apaclie Trailer Sales. 0 Mr. I3oardman said yes, but it was used primarily for entrance to Apacl�e's storage area and iiot by its customezs. ' Ms. Schnabel aslced if this size driveway would creatQ Qroblems for entering off of East Rivcr Road. Mr. Toardman said no, a 25 .foot driver.�ay al;.ocas for two-way t�:afiic. Ms. Schnabc�l ask�d how many stores and what sizes tliey taould be are planned. Mr. J011115011 said the c.oi�venience food store would be apl�roxi.n�ate;ly 3,500 squa�:e feet, with L-tic xes� hei.�� divided up from 1rQ00 to 4,000 squlre feet per store. ris. Schnabt�l ��sked �ahat types oi store:s ��0��1�1 l�c �oing in and if they hacl uny cuuunitments. � __ _ _ pL!►NNING COi�1MZSSxON r1r�T.ING SrPTP:t�Ji3i;it 12 1��9 2 D �. . Mr. Joltnson said they would not be duplicatin� L-he shopping center to the nortli, but �elt iL would service the arca to Che west of Lhis pzoperty. The only store contacted so far was Tom Tliumb, but thcre was no firm conurii.tment from them. Ms. Schnabel saic� the shopping center north of here was suppose to have a comQnitment from 7-11, but it did nor go throu�h. This commitment was part of the reason for giving that shopping center Che okay. Mr.� Johson said he had a representative�from�Tom Thumb with him tonight and he could answer those questions better. � � Mr. Oquist arrived late and asked to have the entrance/joint.driveway expZained again. Mr. Boardman did this and also said there was some concern on dxainage and runroff in- to the creelc. IIe stated it.was the policy to develope rentent:i.on and ponding areas and there are 3 potential areas above the bank that can be used for this. These will have txaps on them to stop all undesirable elements irom�going into the creek. The City will be using a policy similax to the Rice Creek Watershed policy, which states the developer wasrequired not to increase that amount of run-off as compared to the un- developed piece of property. Thiswas o��e of the xequirements in obtaining a building permit. . Mr. Boardman said the asphalt is 20 fe.et from the property line and there;.��"s,an additional 45 feet before itzneets the county roadcaay system. It is above the ditch axea. Ms. $ughes aslced about the parlcing in the rear. ' Mr. Boardman said thatwas;- primarily employee parki.ng. Ms. Hughes asked if tha rear driveway was xemoved,was: there still access for delivery. Mr. Boarclman said yes, but the architect has not had time to study the proposed chanbes. He said he was concerned about run-off frem the baclt•parlcia�g area and it being so elo�se to the ereelc banic, However, with the 3 proposed retaining areas the rate of run-off would be monitored in accordance with City policy. Mr. Langen�eld aslced if the emission of the gas pumps puts it in the Special Use Permit reques�. � � Mr. B�ardman stated yes, any installation of a gas pump sei-vice in tlie district needs a Special Use Per.�nit and the perniit entails the entire property. Mr. Treuenfels asked what the consequences caould Ue if the gas pumps were installed or not installed. . rir. Johnson sai.d the consequence if they are installed would be expl.ained b3� P1r. Ricks of Tom Thumb. �f they are not installed they don't have any real course of action, but would still be ab�.e to buil.d the center wz.thout the Special Use Permit. Mr. Dre�,� r.ict:s, in char�e oi gaso].i.ne O[�(3YAtlO11S �or Ton� Tliumb, stated from past exE�ericnces Llic} liave not had any safety proUl ems . '1'11e equi.pment meets all require- menLs oL the S tate 1 irc rlarsl�all. The pt.imps ar� �hc lat:est equipmenL with digital �eadout. rt lias a��c:n�ote control z��n Lrom wii;hin the s�ore, on wiiir.h L-hexe are sw:i.tches L'n sliuL oif one ��inni�, all pumps or tlic entire console as the sii�uaLion t,�arrants . There is a ii_re exti.u�;ui::hcr as requi red by t•hc pumps .'.Cum 'Tlitmib ]ias been PLANNIr�G COMMISSION MP:]:TING S�PT�MI3�R 12 1979 � 2 E. invol.ved with ttiis type of operation si.nce 1974, ancl have had no accidents. ox safety violuLi.ons . . • - Ms. Schnabel asked what the planned hours of operation would be for the store. Mx. Ricks replied, 7:00 A.M. to 11:00 P.M., possibly opening at 6:00 A.M. to sexvice the morning commutors. Ms; Schnabel asked if Tom Thimb had run a traffic survey of the area. � Mr. Ricks s�id no. Ms. Hughes asked if Chey had numbers on the gas operation, for instance from their other stores. � Mr. Ricks said they are not like Super America who pumps T00-700,00 gallons per month. They pump 40-45,000 gallons per month. The grocery operation was the maii�l convenience item and the gasoline . for customers already in the store. This should average between ZOQ to Z50 gas sales per day. He said there will be 2 double pumps, with 4 hoses total. � Mr. Boardman said the permit does not set the_quantity of pumps that can be installed. Mr. Oquist asked Mr. Boardman if a Special Use Permit was granted and Tom Thumb did not go�in, could a gas sta*ion go in then. Mr. Boaxdman said a condition fox the permit wauld be to have t�te pumps used only in con�unction with a toods store. . I�Ir. Oquist asked if th.is development was contingent upon the Special Use Permit for gas pumps. . , Mr. Johnson stated probably. .' �. ♦ Rr Mr. Ricks said this wasthe preferred xoute for Tom Thumb. The last 14 out of 15 stores opened have been developed' this way: � Mr. 3o}inson sai.d they feel this . the future �i the convenience food stores and they a re loolcing for sites to develop as such. ' Mr. Oquist aslced what percentage the gas would ha.ve in the business. Mr. Johnson s�ated percentage wise iC Wa�not great. The total amount of gasoline, 45,000 gallons,�.�as small and only an added convenience for tlie store customer. 1�is. Hughes aslced if there were other sCores like this one in rridley and �ahat problenis they had. It was decided Country Boy, located on MississiPpi Street and Old Cei�tral, was the o»ly one in tl�e area. Fir. Boardman said there had been no pxoblems with this one, excepL for site limii:ations. � pis. Ilushes asiced i�' the �xates used to catcli paper debris, ete. �z� designed to stop chemi.ca.l �ollutants . , � . Mx. Iioarclmc3n s<1id thcy use the same desi�n as the Riee Creelc [datexshed, and W�=r� desif;ned ...�... ... Pi.nNrrTrlc cor�rissTON rTi:rTxrrc, srrr.r;r�r�z �.2; 1979 ______ __' 2 F � for this. The filrcring system was sup�>osed to work qu3te we11. Mr. Langenfeld asked it the convenience center could go in without this permit. Mr. Boaxdman said yes, it they �et the yacation request for.the easements:. Mr. Langenfeld asked abouC outside lighting around the pumps. Mr. Ricks r�plied they �.:se a single�pole centexed between the_2 pumps with mercury vapor lights. One large arm comes out over eacli pump and lights up the entire parking area. There�oas also, if City policy allows, a Tom Thumtx �ign on the boule- vard with 2 directional lights. . Mr. Langenfeld asked if the glare would affect the neighborhood. Mr. Ricks said no. They have used this �sj•stem in other residential areas and have had no complaints. All lighting�3as directed in towards the center. Mr. Treuenfels asked in view of the President's energy policy on holding down iun- ports, could he explain why the purchase of gasoline should be made more convenient. Mr. Ricks said as far as an energy impact he had no real thoughts on it. This is only a customer convenience and if they �aant it they will buy it here or .go somewhere else. � Ms. Schnabel aslced if they would be able to continue their gasoline supply. Mr. l:icks replied thai: would not be a problem. Mr. Johnson poi.nted out that gasoline only sta.tions are having problems keeping open. He felt we have to lool: for alternativ� and this type of development was one of th�m, the local neighborhood store wiLh gas. . > Ms. Schr_abel said one of h�r rnain concerns . the �act that this was:sup�osed to be servicing the neighborhood, especially the one west of the site, and you have to cross �asL- F.iver Road, meanin� you have to have a cax to get to it. Mr. Johnson sai_d the traffic flo��aWas heavy, but it comes in spurts and you ��u1a � walk acxoss East Ri.ver Road at other times of the day. . * . Mr. Boardman said tliis ��a,s truc, other than youx peak periods, itcaas relatively easy to get oif and on �asL- River Road. Tlie L-raftic flo�a �.�a-s around 18,000 cars per day. . Mx. Johnson said the qi�estion��3� not the centex, but the bas pumps. They will not increase tlie traf�ic fl.o��1, but W�1St problems will they cause if they axe there. Pir. Txeuen,icls aslced if an air hose would be provided for the bicyclist. Mr. 12icl:s said i� was undecided ye�. They have tried them at 2 locations Uut could iiot kec�p them ].on�; enou;;h to see if ttiey c�rorlced. They have had so m�ny stolen i:hey have almost �ivc�n up on Lhis idea. TT�. OquisC aslced wliai: perceni:age of t-he sales ii�ures�a�s trom gas. rir. P.icl:s rct�li.ecl before 6 montlis ago at �.50 a�allon, sales were 30%, now at $1.0(1 � ��ll.on it <<�;�3� �Ft)-5�"/,�. - 0 � a:lX1AY1V.LIYV vviu•i�.oa1VlV MIS1S11.P�1i J1SP'1'1!:MJiI;)Z 1L 1y79 � C 17 Mr. Oquist also wanted to know how many customer�buy gas only. � ` Mr. Ricks Said less then 20%, most customer� are xepeat customera. Mr. Boardman asked if there was a possiblity of putting a bridge across the creek to get foot traffic irom the apartments. Mr. Boardman didn't know if Chis was feasible and would have to check with the architecL-, DNR and possibly work with the apartme�t complex owner for cost sharing. Also, Mr. Boardman was interested in the possibility oi- a bicycle easement. . Mr. Harris expressed concern about the storage tanks and the amount of room left for the delivery tank�rs to maneuver around the pumps without hitting them. Mr. Ricks stated the 2 tanks are located under the co ncrete pods. Each tank holds 12,000 gallons and all of this was in accordance with the State Fire Codes. Mr. Boardman said there was enough room to maneuver the.tankers without cau�ing any problems. Ms. Schnabel stated one concern with the development to the north was traffic making a right-hand turn. The developer had been requixed to install a right- hand turn lane. She suggested this should i�e looked into. � Mr. Johnson said he felt that could be worlced out. " Mr. Boardman said this waSSOmething that wauld have to be taken up with engineering and Anoka County. There is a deep ditch along East River Road at this point, plus easements to consider. He stated there was 4S - 50 feet fr.om the road to the e�.sement, and a sn�all shoulder Lhat could possiUly be utilized. Mr. Schnabel said they had been promised a foods store in the center to the iiorth and this did not come about. . ' Mr. Ricks pointed out tliat Tom Thumb has opened 45 stores in the last 5 years, and has had to close only l, which �oas xelocated in the same axea. n� Mx�. Johnson said it co��ld be a possible conting�nc�T to have a convenience food stoxe if this Special Use Permi� �vas gxanted. Mr. Iiarris opened the floor to the audience for discussion. Mr. John T?unphy, 155 St.onybrootc Way, said he was very interested in this development. His first concern �aas safety. Mr. Dunphy said peoply who do not live along this road do i�oi realize how hazardous it Wa�. There seems to be an accident every 1 to 2 weeks,. mainly caused by someone making a left�hand turn and getting xear ended. He felt ihis development would seriously compZic�te the safety of this area. Mr. llunp�y also felt concern abou� the size of tlie entrance. He stated the average garage entrance ,w•<� 22-24 feet �ind thcy would be tr.ying to get trucks .i.n and out ouL- an � 25 foot wide drivecaay. He pointed ouL- �atien the buildin� n�ta occupied by l�pache Trailer Sales w�zs constructed, any further develoPment in the neighbozhood would be low-Iceyed in natu�e. Gas stations in particular were mentioned aL' that time ns bein� c ontrary to this idea. He pointed out tha� numerous st�tions along �ase RivGr Roacl were closed and Lhat this corrunun9.L-y �'asnot in dixe �ieed of an addi�i.onal �;as station. Tir. Ihinphy �Lso stated t:he last quicic service �ood stoxe in the are�i �aent out of busincss because of lacl: .of patroxlage. PI,ANPJ%NC COt�'fA1ZSSI0N MT:IsTT.NC, SI;PTrMT;TaR 12, 1979 One more Poi.��t Mx. Ihznphy was qucstioning was the draina�e problem. IIe asked the archiCect how much or ttie land would be covered with asphalC. The arcliitect, Mr. Steplien tIorts, repliecl more then 50% but Less ttien 75%, with:.rhe area in the nor�h-northwest cc�rricr bein� lei-t i.n its natural st�te: Mr. Dunptiy was very skeptical as to hoca the amounL- of run-off for the sit•e would not increase when the sitew:is covercd with asphalt. Mr. Dunphy said the Additional run-off coming £rom upstxeam by all the land covered with asphalt was causing severe erosion problems on his land. . , Mr. �Iarris explained that gallonage would increase, but the rate at which the increased gallonage was allowed to run off would be controlled. Mr. Dunphy expressed concexn about the lighting. He felt more proof was needed to show that illumination from this site would not affect the nearby residential __ homes at 11 or 12:00 at night. He was curious as to what the peak hours of this store would be. Mr. Ricks said peak hours are from 6:30 - 8:00 A.M. and 4:00 - 7:00 P.M. Mr. Dunphy pointed outfihis coincides with the peak hours on East River Road and this would mean 150 - 200 cars trying to make left or right hand turns, raisi.ng the risk factor on this roud. Mr. Dunphy's last concern was that if this-permit was granted, would this mean future real estate in the neighborhood would be introduced and cause even more hazards. � Mary Martin, 133 Stonybroolc Way, said she had a l�tter from neighbors, Mr. & Mrs. Ll.oyd MS*ers, Jr., 132 Ston,bxook Way, �hat they tc�ere opposed to this development also. • MdTION by Ms, Hughes, secc�nc?ed by Mr. Lange�.feld to x.eceive t1�2 letter. UPON A VOICE VOTE, ALL VOTII�TG AYE, CHAIItPF,1iIV �il�.ttRTS D�CLARLD �IIE MOTION CAItRIED UNt1NIM0USLY . , ' . A. Ms. Martin questioned if there was xoom ior the turnin� lane, if constructed, in front of the trailer business: , Mx. Boardman said yes, there «G� at least 4S ieet fxom the fence to the driveway. Ms..Martin pointed out that the trucks using thi_s drive�oay nc�w for Apache Trailer deliveries turn by her home on Stonybrook, back across Last River Road and into the dri.ve��ay. This wa9already a traffic haz�rd. She also stated the land in this area W��very we� and questioned tlie safety of putting gasoline storage tanks in tlie �round. � . rir. Ri.cl:s said tl�at W3Swhy concreLe pods are xec�uired above the tanl:s to hold the Latzks do�vn. Iie said they have Uuilt in areas oi tiigh �aater table before and tlie onc foot �f concrc�te �a�1seuot�o}i weiglit, ttiis��1s a�ain State T'ire Code. Ms. Marti�� expressed concer.n on the saf.ety. Cliildren �vould be attenipting to cross th� ro<id t,�l�ich �a�3:;dau�crous, plus thc addition�il saiety problein of cars tryin� to i:ur�1. P1s, PJartin said you cannor unclerstand how diffi.cult it ,�.�t�:� to dtive thi.s road safel.S� unless yau 11a�Te lived on it. Ms. P1ar.t�in qucst:i_o�icd the proposed screc�ling. �,�� LANNZNC COMMISSION 24ri:TING, SrPTF'MPT:R ].2, 1979 2 I Mr. l3oardman said it would be r.elativcly low trees and hedges because of the "� power lines, }le also pointed out the screening w ould be 65 feeC from the road- way sur'face, above the dilcl� and would not be a driving hazard. Ms. Martin said the late store hours, 11:00 P.M.,was to late for a xesidential area because of car related noise cause by the pumps. Deb�•is and lighting were additional concerns. :.. She concluded by saying she was very much against the development and felt they did not need another station service. � Jim Black, 7824 Alden Way, spoke next. �Mr. Black's largest concern was again . safety. He ielt any development that would increase the driving hazard should n ot be built. He drives this road daily and knows the hazards. Mx. Black said the road speed Wa� not enforced during rush hours and he ��G personally afraid of the traffic at that time. His other safety concern was for children attemptin g to cross East River Road to get to the store. He feared some child would get killed attempting to do so. Mr. Bud Dziedzic, 161 Craigway, said this area had been discussed before for a possible car dealership and was discouxa.ged then because of traffic safety. He felt there would be more cars coming and going from a food store then a car store. �Ie �a.ted that during pealc traf�ic hours, children are getting on and off buses and this dev�lopment would cause additional hazards. He aslced if thexe would be amusement machines for the kids in the store. Mr. Ricks said no. He asked about possible gas spillage. Mr. Ricks said with the advent of the aui:omatic shut-off nozzles, spillage �. vexy rare and small. I�e stated the tankers are so closely regulated by state laws that thiswas not a hazard. Mr.. riarlc Erenny, 260 Stonybrook Way, was concerned �aith the rain run-off. Iie `said the Rice Creek Watershed system can handle a 1 inch rain, but ��hat about a, 2 or 3 inch xain. � � ' . � • R. Mr. Thomas Iiayes, 170 Craigbrook Way, questioned not only txaffic safety, but the fixe hazard that could�be caused by the pumps. f�e felt some input by the City rire pexsonnel was needed. . Mrs. Kate �:emper, 1758 Alden Way, said she could not express enough the hazaxds of driving on �ast River Road. . � • r1i:. Lennie San.uelson,� 7800 �ast Rivex Road, wished to �Dmpliment the petitionex on his�pxoposed developmen�. He said he felt the area had no complaints against the prope� use of the zoning, nieaning the convc�nience cen�er, but had one against- the possible issuance of a Special Use 1'ermit for gas pumps. He i'elt the use of tliese perniits IZad been abused by tlie City and stations issued them. There �ir� no follow up and many �as stations are no�a eye soxes. rlary PSartin asked even �aith all the safet�� features and state laws how do you keep that one person from filling liis tank up �ohen ]ie has a liglited cigalette in his mouth. Mr. liarris asl:ed Che petitioner ii he wished to conunent on some of these quesLions. � rir. J�hnsun said he W1S a�aare the store, not the ptunps only, woul.d increase t•xaif.ic • i�� tl►is nrea. Secoi�dl.y lie s�id cliildren '��ere_ iiot encoi�r.riged 'or "a�lt�aTed 'to �].oi.ter a.ii �1.nNNZtvc cot�r.sszot� t�r:r�rrrrr,, srrrrMnr:�z i� »�9 , 2 � . the store. Tl�r.y are treated as cusLcnncrs, buy their iL-ems and leave. }Ie said some of the clucsrions will bc �zx�swerecl when tiicy come in for their building permi_t, but thoubht L-he �as pumps would.l�c bcneficial. Iie commented that fire hazar.ds are extxemely uncoimnon now and could not think of any he had heard of in the last 5 years. . Mr. Ricks commented a�ain thaC L-here are no special attxactions geared for ctiildren, they do not allow loiterin�, ancl children are treated as customers only. Ae said as far as the tire hazard ��xtaining to lit cigarettes, this is why the consoles are operated from caithin the stoxe. If tl�e store operator sees any hazardous activity at L-he pump he can shut down itmnediately until the hazard ha� been eliminated. - MOTTON by Mr. Langenfeld, seconded by Mr. Treuenfels, t� close the Public Hearing. UPON A VOIC� VOTE, ALL VOTING AYIs, CHAIRMAN HARRIS DECI.EIRED THE MOTION CARRIED UNANIPIOUSLY. PUBLIC HEARTNG CLOS�D AT 9:30 P.M. Mr. Langenfeld sai.d he had some comments to make. The fixsL being even with all the cont�ols, gas taill. be spilled and it will go into the creek. Second he questioned the feasibil.ity on the drainage sL-atements. He wanted more proof that they would work. Thirdly he did question attractive nuisances, besides games, that would attract the children. -He also-said there could be various types of occupancies under this zoi�ing. His last conunent was wh�ther or not there was a need for this type of �ccupancy. Ms. Hughes questioned if th�re woul.d be r.00m for a right-turii lane or would it interfere taith 77th Av�n�.e. � Mr. Boa�'dman said �here was room, it would depend on how muc}z stacicing room you required. . Both Ms. Schnabel and Mr. Treuenf-els commented tha� all commeiits on this develop- ment had been negative and the neighborhood f.e1� the need wa"s not'iiere fox it. P1s. Schnabel commented that the neighUorhaod has to.l.ive with �he tza�fic pxablem and they felt this deve�opment would increase it. They also seem to �eel that they �vould not use the convenience store if built. � Pis. Iit��hes pointed out ttiat the petitionex is assuming fihis �vill be a viable Uusiness venture, but with 2 major tra�£ic ba�-riexs;" �as� Rz.vex Road and the creelc, she taonders if they have really studied the area tc see ii it will worlc. �10TIOV by Ms. Schnabel, seconded Uy rir. L�n�enfe�d, to reconuuend to Council denial of ilie request for Special Use Permit, SP. �`%79�11, By Allan P�i. Johnson, to aliow the installation o� self-sezvice gasoline pctmps in conjunction with a new coil- ve�c,cence cente�-. � A1r. �Iarxi.s aslced for specific denial xeasons. l�is. Schnabel said the niain reason ��auld Uc ihe tr� fiic hazard increase, in pzxticular the traific increase of 150 - 200 c�zrs da9.ly tliat would be using the gas pumps. l�fr. L' an�;c�nfeld coitcurred ��itli �li:it but also added tliat i.ii a i;ieaio dat�d Au�;ust 2, 1975, i'lom the Cit�� Attori�cy a Spc�ci.al Usc Pe�.-�;lit- ni�.�st meet special ec:nditians .:ind ' si:znci;t�ds. '.�i�esc bein�; Cliat iL must proL�ct: t.l��> p�.�blic's l�calth, safcl-.y, eon- venience a�ici welfaze; i_L- I11US� avoicl Crafii,c co�ijes�.i.on or h�t��ards ox oLhc:r cian�,�rs P1.ANNING COMMISSTON MrrTING, srrTi:Nm�R 7 2 L i979 • 2 j( and also pxomote conformity with use with other ad�oi.ning propertiy and uses in �'' - the district as a whol.e. Mr. Langeni-eld te1L this permit did not conform to tlpse condiL-io� and that Wag grounds L-ox denial. Mr. Harris pointed out that the denial of the permit is L-o be based on the question of gas pum�s. He aclded safety problems with the gas tiucks delivering gas would,be anothex reason for denial. Ms. Schnabel said point 3 was good since a specific delivery and maneuverability plan for gas delivery had not been shown. She also wanted to add the fourth xeason for denial. If there Wasn'L- a need '£or additional pumps, and this was ,� not proved otherwise by the petitioner, the permit should be denied. ' ' Mr. Oquist asked if the permit was denied and a convenience food stroe was built ` without pumps, could a right turn lane be required on the building pexmit. Mr. Boardman sain no. Mr. Oquist felt this would be a traffic hazard not caused by the gas pumps but the convenience center. Mr. Harxis stated i:he four reasons for denial. 1. Traffic safety due to increase traf£ic because o� gas pump patronage. . . � 2. Incompatability with the neighborhood. 3. Safety problems with the gas trucks delivery gas. ' 4. Need.fo-r a�ditional gas service in area taas not proven. � UPON A VOICE VO�F, AI.L VOTING AYE, CHAlItMAN HIiTtRTS Ul',CLAREi? THE MOTION CARRI�D UI�ATv`IMOUSLY . rir. Har.ris inior_med the petitioner this was only a recomniendati.on to the Council, and it gaes beto;� the Council on September. 24, 1979. . > � , �, 3. VECATION FRQ,UEST, Sf�V �r`79-04, BY AT,LI�N M. JO�INSON, .IIM MIT�Lf��: �tEAL ESTL�TE: tiacate the 10 .foot�asement on the Last side o� Lot 2, Pcarson`s Second Add'.tion and relocate on the East side of Outlot A. 1'earson's Secand Addition, generall�y located at 7751 East River Road N.E. Mr. Harxis stated this was an infornial Public Heari^ng. rlxe ]3oaxcltnan ea.plained tha�: the present easement �or draina�e and utiliL-ies �, located .on Lot 2 wou"ld ve vac�ted and rededicated along the eastex'n Uoardex of - Outlot A. !�t present there are no titili.ties tli.ere and it �aould be mainly used fox possible future ac�ess to tY�ese lots by tlie City. � Ms. Sclinabel aslced if the 2 paxcels were owned by the same owner. Mr. Boardman said yes. � Ms p Sclirtabel aslced if Che property joining the new easen�c:nt ] ines would lzave t� ho�k up and follow these easements. rix. ]3o�rdtnan sL-atecl no, the main reason tor. i:he e�.sements is to r�llota access �to ear.ti property i�r sewcr, water, etc., t.t�aL is needcd by thzt property. This pzopc�'Cy and L-hc 1?ro��c��Cy to tt�e nart�.h �ilrc:acly liave their necessary services est:�tbl isliecl, . , , .. . , , . ., .'�ir�:�i �'�; i ( ti�r � , • ' ,. .. . .� . � r": . . i �' 3 . , , � •�� ORDINANCE NO•. • ' AN OROINANCE AOOPTING TfIE BUDGEt FOR THE FISf�9L YEAR 1980 THE CITY COUNCIL OF TNE CITY OF FRIOIEY HEREBY OROAINS: SECTION l: That the annual budget of the City of Fridley for the fiscal year eg�nn�ng January 1, 1980 which has been submitted by the Ci.ty �4anager and modified and approved by the City Council is hereby adopted, the total of the said budget and the major divisions'thereof being as follows: ESTIMATE OF REVENUE GENERAL�FUND APPROPRIATIONS General Property Tax �2,379,808 General Government Special Assessments 8,300 Legis ative � 126,427 ' Licenses General and Financial Contractors 12,800 Management 541,337 Business 79,045 Civ�c Center 129,871 Other 3,600 Public 5afety . Permits 86,650 Police 1,304,746 6rants and Shared Fire and Taxes 1,367,855 Civil Oefense 369,369 Charges for Services 102,960 Public 6lorks • Fines and Forfeitures 85,000 Co�e Enfor�ement and Interest Earnings 129,250 Planning 281,146 _ Other Misc. Revenue 45,550 Engineering and Public Insurance Refund (Police Works Maintenance 887,891 and Fire Pensions 96,101 Recreation '.� Transfers NaturaTist and Seal Coating 55,OQ0 Parks and Recreation 1,012,857 State Aid Surplus 56,000 • Revenue Sharing Fund 230,000 " . Liquor F.und � 85,000 Other '_p_ General Fund Surplus 115,125 Reserve 285,000 TOTAL: GENERAL FUND 4,938,044 � ,93 ,044 OTNER FUNDS . • SPECIAL REVENUE fUtdDS . > • Com Dev Block Grant 120,000 ' �� 't'20,OD0 STEP Fund 121,Q00 121,000 Teen Center Fund 12,500 .� ��,5pp State Aid Funds 328,000 • 328,000 Revenue Sharing Funds 230,�00 230,000 DEBT SERVICE FUNDS Civie Center Bond Fund 39,524 ' 39,524 CAPITAL PROJECT FUNDS . ' ' Capital Improvement Fund ^ 9, 00 "� . 79,100 TOTAL:: pTNER FUNDS �. 930,�24 � g`�'24 TOTAL: ALL FUNOS 5,868,168 � 5,86Fi, 68 SECTION 2: That the CiLy Planager be directed to cause the appropriate . accounting entries to be made in the books of the City. PASS[D AND ADOPTED BY THE CITY COUNCIL OF 7tiE CITY OF FRIDL[Y THIS DAY OF• , 1979, _ , I, 1LLIAM J. fdL[: - hiAYOR A7TEST: . J � � CITY CLERK - hU1�2VIW C. 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S b- �' T ��" T ' � �N �" 4� �•�� w �� '':f, �—'� �,r ! 1 � '� � .� �--��`�i ��° � ` J 73. ? � ' � n n.�� Y ^+ '„° ; � ti r. � � SP -- � /O �% /?� -.S :� _ t -- .�., � �� ' � G�'1 � �� o/ .: ` � — � � . p�.."- 3 , � _ �_ ` � --- � �%":'/"' - - �9 =�=' - �� ` = 7 �i�.:�:� ' �' �% ' zo : s : zo � : .S" . r�5-s�- : -7•-�y-��--- _ / 6 �i Z / � '�`------�1- ��`D;�.. �' zz � z�.� � n � ��+ 8 = ,23 —� .s�- ./ ��,-r��-%�9a�---- r�� _9 0 Z^l t : : : t ,c'..5 ° ' � • � o ° ZS } � � � tl � .�___... •r a ; �_ � r -. � --1 1� p �. // �► � �. 26 P - � // � � r �, /1a. � /.71.! /!�._T y ?. ;�t� +/-T4.S � -- �. ♦ ��t .',�'{�..v.`ri".a�. '.:.11l ��.L�4�;��.�'.. . . l.I. IJI '-/'�!'- ,. ..�7',.' . �_f l� �f )I ' ' (_!� t l �i ',fi < ��i % O �} 17�3�I �L i9 % � • �+r �� (� � ', � �� , -b1 - �: �� ,�• I � �'n( � 17 i� � �o }7t - 1.:� ��.f � _� �J w _:�,'� �� _ . �4.,'��1Y — -- S. E". CORI'/�E.q c �-r x • 4 � � ;` ; . � �,. ,_. s. r: I + �' . I i . • i 5 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Clyde V. Moravetz,_Engineering Administration. MEMO DATE: September 26, 1979 � SUBJECT: Easement Encroachment Request by - Brickner Construction Company Attached is a drainage easement encroachment approval request by Brickner Construction Company for the residence at 6249 Ben More Drive. As you can see on the attached Certificates of Surveys, Comstock and Davis indicated a five (5) foot easement on the preliminary survey, and a six (6) foot (actual) on the verification survey. The Engineering Division has checked out this request and can see no problem in approving the encroachment. ihere remains adequate space in the remaining easement to pravide praper drainage. The utility companies need not be notified, as the easemen� in � question is not for utility purposes. I request that the City Council consider this request at the regu- lar meeting of October 1, 1979, and recommend approval. � � . �. CVM:ik ' Attaci�: 3 cc: Darrel Clark, Chief Building Official 6249 Ben More Drive File � �� A NEW CONSTRUCTION ' ' REMODEL lNG � � � � � � 6245 BEN MORE DRIVE, FRIDLEY, MINNESOTA 55432 -5 `%�/- `��%/ Telephone 7�86-98-3�t September 14, 1979 City of F`ridley 6�431 University Ave. N.E. �ridley, Mn. 55�32 City Counsel Members: Re: I,ots 2A and 2B Block 2 Heather Hills 6249 Ben More Dr, It appears that through an error on the surveyor's certificate drawn on May 11, 1979 fox our porposed new home that we are now encroaching on a draina.ge easement. If this easement could be changed from 6 ft. to 4.96 ft. I am sure it would not create any draina,�e or maintenance problems for anyone. � ` R• Sincerely, � . Tom Brickner � S�erve�ors C'�erta��c�te � COMSTOCK & DAVIS, INC. Con�ulting Engineers and Iand Surveyors 1446 County Road J, Minneapolis, MN 55432, (612) 784-9346 313 N.E. 3rd Aver�ue, Grand Rapids, MN 55744 (218) 326-3079 SURVEY OF: � Lot 2A and 2B � Block 2, Heather Hills Fridely, Minnesota � / � �°�"�se�,er E�' � � e r �e �°r �'r�� ; �-r t �, `" �e� �� rr9�� y! �a� n. ,� 1�./\ / � �'?; i i �. DESCRIPTION: • Lots 2A and 2B, Block 2, Heather Hills, Anoka County, Minnesota. Subject to easements of record, if any. 0 SCALE: / ��o.l= SD r�� T hereby certify that this survey, plan or report was prepared by me or under my d'uect supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. . � • � 108'i2 ri1}�� 11 , � 979 Reg. No. Date Job No. Book No. 5B . . ; i ; ; � � . i s Su�v�yo�s� Certifac�t� � � � COMSTOCK & DAVIS, INC. Consulting Engineers and Land Surveyora 1446 County Road ), Minneapolis, MN 55432, (612) 784-9346 313 N.E. 3rd Avenue, Grand Rapids, MN 55744 (218) 326-3079 SURVEY OF: Lot 2A and 2B Block 2, Heather Hills Fridely, Minnesota r e ore �d �, `�,� �,� / e� �� ,� � n � � / ��9� �=�� a�r n�r°� �ie n ' � � l� �� : ` � ..�, ?p•�� .* � � � �� •� � ��,an� '�� -fi ,�� . �P� � � , ; �'t. � 06 � / i I , y,� .'r �/ ; •^ ` a�a . `� ` �S q� �f .r� / � ,' � ` A�• OZB t V � � n i `� � 9�' �r se''' -- �W N °`' g a , .� , i E°` . � Y .��o ;= z� t � r . � . S � lZ.a° j2/�8 f . �f'h�'R` `3 ya 9 � V � � ns�'� i i/ i ' � � t "� . �1 1a �� .1� �� . � % _ � U I \ -' �+2� y �-- �� S ��3� 6 , ,�� ` > �3y� �� DESCRIPTION: Lo�s 2A and 2B, Block 2, Hea�her Hills, Anoka County, Minnesota. Subject to easements of record, if any. - SCALE: / ,,.c,j= SD ,� o'�� I hereby certify that this survey, plan or report was prepared by me or under my direct . supervision and that I am a duly Reg,istered Land Surveyor under the laws of the State of Minnesota. • � �1.Q�� ? �i,i�t.. lj,; � q 7 9 �f'.Z S2 /�� 3` . Reg. No. Date Job No. Book Na. / o'�..- � 1 . � 6 CITY OF FRIDLEY - APPEALS COMMISSION_MEETING - SEPTEMBER 18. 1979 • ; CALL TO ORDER• � ' Chairwoman Schnabel called the September 18, 1979, meeting of the Appeals Cot�nission to order at 7:30 P.M. - RQLL CALL: -.-�� Members Present: Ms. Schnabel, Ms. Gabel, Mr. Barna,�Mx. Kemper � Members Absent: Mr. Plemel Others Present: Clyde Moravetz, Engineering Aide - Adm. APPROVE APPEALS CObII�tISSION MINUTES : AUGUST 28�1979 � MOTION by Ms. Gable, seconded by Mr. Barna, that the Appeals Commission minutes of August 28, 1979, be approved as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUS LY . 1. 10.4= FEET, TO ALLOW AN 11 FOOT ADDITION TO AN EXISTING ATTACHED GARAGE, LOCATED ON LOTS 50-52, BLOCK Q,_ RNERVIEW HEIGHTS THE SAME BEING 600 JANESVILLE STREET N.E. (Request by Ronald Williams, 600 Janesville Street N.E., Fridley, MN. 55432) MOTION by Mr. Kemper, seconded by Ms. Gable, to open the Public Hear.�ing. • M1. UPON A VQICE VOTE, ALL VOTING AYE, CHAIRWQMAN 3CHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING OPENED AT 7:32 P.M. Chairwoman Schnabel read the staff report: � AIaNiINISTRATIVE ST11FF REPOitT , � � 600 Janesville Sti. N.E. A. PLJBLIC PURPC)SE SERVED BY REQUIREM}�iT: " . Section 205.053, 4B, #5a, requires a side yard width on a street side of a corner lot to be not less than 17.5 feet _ Public purpose served by this requirement is to maintain�a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor`s fron� yard. . B. STATED HARDSHIP: • "I need a two car garage as I have two cars and this is the most practical way to do it." APPEALS COrII�fISSION MEETING, SEPTII�ER 18. �9�9 6 A C. AUMINISTRIITIVE STAFF 1�VIEW: This property is on the corner of Broad Avenue and JanesvilZe Street with the house.and exis.ting attached single car garage facing Janesvil�e Street. . Z9ze garage addition of 11 feet will bring the structure to within 10.4 feet . of the property 2ine and to within 20 feet of the street (9� foot boulevard). The property to the rear of these lots does not face onto the side street so there would be no encroachment into their "line of sight". The staff has "' no objection to the addition as long as the garage door opens to Janesville Street and that nothing be placed in the 25 foot triangular vision safety � control zone. ` Mr. Moravetz said he wanted to re-define the area on the northeast corner located in what is called the 'b ision safety cont.rol zone". This is an area 25 feet to each side of the corner and must be kept visually clear for traffic. Plantings of not more than 4�eet righ are allowed here. Mr. Ronald Williams, 600 Janesville Street, came forward to explain his request: He said he had a single car garage facing Janesville Street and wanted to build an addition to make it a 2 car garage. Without the variance, he could only add 4-1/2 feet, which was impractical. He had talked to the neighbors and heard no complaints. Ms. Schnabel asked if this n�� garage addition would tie in with_the new acldition on the home. The petitioner said they would not actually touch, but the roof Iines would tie in. � Mx. Kemper asked what the boulevard is along this street. • � A• Mr. Williams said 9-1/2 feet.and the new garage will be 20 feet ir�m the curb: He said the house to the north would be almost in line with-this additioi�. Mr. Gabel asked the width of the driveway. Mr. Williams said it was 16 feet at the curb and 18 feet by the garage. Ms. Schnabel asked for comments from the audience. There were none. MOTION by Mr. Barna, seconded by Mr. Kemper to close the Pub�lic Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARIN.� CLOSED AT 7:44 P.M. MOTI�N by Mr. Kempex, seconded by Mr. Barna to recoirnnend approval of the variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard width on a street side of a corner lot from the requixed 17-1/2 feet to 10.4=� feet, to allow an 11 foot addition to an existing attached garage, located on Lots 50- 52, Block Q, Riverview Iieights, the same being 600 Janesville Street N.E. with the 2 following stipulations; 1. the garage door opens to Janesville Street, and; 2. A visual safety controZ zone be kept on the, northeast corner of the lot. � APPEALS COMMISSTON MEETING SEPTEMBER 18 1979 G B UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNAI3IMOUSLY . 2. VARIANCE RE UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY C ITY CODE TO REDUCE TH�; FRONT YARD SETBACK FROM THE R UIRED 35 FEET TO APPROXIMATELY 18- FEET TO ALLOW THE ENCLOSURE OF TWO SIDES OF AN EXISTING STRUCTURE FOR A 10 FOOT BY 16 FOOT SCREEN PORCH LOCATED OrI LOTS 52 AND 54 BLOCK F RIVERVIEW HEIGHTS THE SAME BEING 530 JANESVILLE ST�EET N.E. (Request by Rosemary Landis, 530 Janesville Street N.E „ Fridley, Minnesota 55432). Chairwoman Schnabel read the staff report: ADMINI:5TRATIVE STAFF REPORT 530 Janesville St. N.E. A. PUIILIC PL3RPOSE SERVED BY REQUIFt�MII�iT: . Section 205.053, 4A, requires a£ront yard setback of not less than 35 feet , Public purpose served by this requirement �is to allow for off-street �� . parking without encroaching on the public right of way and also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yarr�. B. STATED HAi2DSHIP : "The building already exists and I would Zike to i.nclose 2 sides for a 10' x 16' screen porch." �' R' C. ADNIIPdISTFtATIVE STAFF REVIEW: . , . • The existing house is set back approximately 18 feet fxom the front lot line. The house has a jog in the front which they wish to,screen in for a porch which will make the front of the house a straight line. There is a 7.6 foo� � boulevard on this street. The house to the west has a front yard setback of 26 feet (verified) and the house to the east has a front yard setback of 35 feet. r Mr. Moravetz said he had no furthex comments to make. The petitioner, Rosemary Landis, 530 Janesville Street, came forward. Ms. Landis said she c.�ould be.enclosing the present structure, and presented a scaled drawing. The idea was to square off the front of the house, and therefore does not involve any more Iland area. . � Ms. Schnabel aslced how the 2 xoof lines would connect and what type of footings there was . . APPEALS COMMISSION MEETING, SEPTEMBER 18, 1979_ ______ _ 6 C Ms. Landis said she was not sure on the roof line, but the contractor would be working with the city staff to make sure the roof line was acceptable. Mr. Barna said this house has a floating slab £oundation and the addition would have to have the same. Mac. Maravetz advised the petitioner to check with� Da�rel Clark on these 2 questions. Mr. Kemper wanted to know the purpose of this addition. � Ms. Landis said it would be used as a summer porch. Her living room is small and gets stuffy during the sunaner and this would give an area to sit in without misquitos. Presently this area is sometime used for her son's bike or toys. It would not be used as a storage axea. There would be no windows with glass, only screens. Ms. Schnabel asked where the entrance door was. Ms. Landis said it would be on the side by the driveway. Ms. Schnabel asked if anyone if the audience had any comments. Mr. and Mrs. Larry Korzenowski, S29 Janesville Street, said they lived across from this home and objected very much to the addition. They felt the addition would de- tract from the neighborhood and cause property value to decline. They said they will have to look at the porch, which they felt should be on the rear of the home. The porch would be only 22 feet from the cuxb. Mr. Lorzenowski said they have lived here for 12 years and the home has been in a constant state of disrepair., They felt the new porch would only add to a more run down appearance. � Ms. Schnabel asked the petitioner if she had talked to the neighbors. ; Ms. I.andis said the ones she contacted did not say one way or the other'how they felt. Ms. Schnabel asked the Korzenowskis if they had contacted other neighbors. Mrs. Korzenowski said she had talked to two, but did not feel it was fair to give theix names. Their opinions were negative, howevex. � Ms. Schnabel asked Ms. Landis how long she had lived in the home. She said 2 yeaxs. Mr. Kemper asked if she wanted to respond to the Korzenowski's claims. Ms. Landis said this was their opinion and she cannot answex for thez.r point of view. Mr. Kemper asked if during the 2 years Ms. Landis had been in the home, had the home been repaired at all. Mr. Korzenowski said no, it was worse now. Mx. $arna said since this is being done by a professional contxactor, could the petitioner forsee having the broken stucco repaired. Ms. Landis said she would have no objection to this. Ms. Schnabel said the staf£ reports the addition would be 18 feet from the lot line, APPEALS COMMISSiON MEETING,,SEPTEMBER 18, 1979 ______ 6 J� but Mr. Koxzenowski said it would be 22 feet. • Mr. Moravetz measured the aerial view and the footage looked to be closer to 14f feet plus the addition of the 7.6 foot boulevard, bringing it to 2.1.6± �eet. Ms. Schnabel asked the petitioner if she had a certified survey. Ms. Landis said no, she was told she would not need one. She pointed out there is a large tree in her front yard which should block some of the view for the Korzenowskis•. Mr. Korzenowski said he looked today and it will not block the view. He said he felt this porch would offset the entire look of the neighborhood. You give a vaxiance for ' something like this now, what will you give a week from now. He thought it would be detximental to the area. MOTION by Mr. Barna, seconded by Mr. Kemper, to close the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING CLOSED AT 8:06 P.M. Mr. Barna noted this house was built in the late 40's. He said there have been many homes in this neighboxhood of the same type that have been granted variances, so this one will not be setting a precedent. . He said the property is not your ideal home; it sticks out, has old stucco on it and he felt some of the neighbor's ojecCions were slightly strong. . Ms. Gabel said she a�;reed and pointed out if the run-down condition was detrimental to anyone's health, safety �r welfare, the city would automatically step in. She also felt the placement of a porch is a personal choice. MOTION by Mr. Barna, seconded by Ms. Gabel to recommend to Council approval for the variance xequest pursuant to Chapter 205 of the Fridley City Code, to xeduce the front yard setback f_rom the required 35 feet to approximately 18±'feet, to allow the enclosure of two sides of an•existing structure for a 10 foot by 16 foot screen porch, located on�Lots 52 and 54, Block F, Riverview Heights, the same being 530 Janesville Street N,E. Ms. Schnabel said she would vote against the approval. She said there was an objec- tion by a neighbor so this item has to go to Council. S h.e said she had driven by the home and felt it was incompatible visually with the neighborhood because it sits so close to the street. She thought the enclosed porch would draw it out even more and so therefore not be in the best interest of the area. Ms. Schnabel also felt pexhaps the money should be spent better on repairs then the•addition. She voiced concern that the setback would be only 14.4 feet, which is more than half allowed by code. Mr. Kemper said he agrees with Ms. Schnabel, plus there was no real hardship shown. UPON A VOICE VOTE, MS. GABEL AND MR. BARNA VOTING AYE, MS. SCHNABEL AND MR. I�MPER VOTING NAY, CH.AAIR1�iAN SCHNABEL DECLA1tED T�iE MOTION A TIE. Ms. Schnabel said since this was a tie vote and there had been an objection, the item would ga to the Planning Commission on Segtembex 26, 1979 and to Council on Octobex 22, 1979. . APP EALS COMMISSION MEETING SEPTE[�ER 18 1979 �� E Mr. Kemper asked Mr. Moravetz to clarify the footage, 14..4 feet or 18 feet, before it �oes to these meetings. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY_CODE, TO REDUCE THE FRONT YARD SETBACK I'ROM THE REQUIRED 35 FEET TO 32 FEET, TO ALLOW A 6 FOOT ADDI- TION TO AN EXISTII3G HOUSE LOCATED ON LOT 1 BLOCK 2 CARLSOI3' S SUNINIIT MANOR SOUTH, T.HE SAME BEING 100 PANORAMA AVENUE N.E. (Request by John A. Montour, 100 Panorama Avenue N.E., Fridley, Minnesota 55432). - Chaixwoman Schnabel read the staff report: 0 ADMiNISTRATNE STAFF REPORT �, � 100 Panorama Avenue N.E. _ • A. PUBLIC PURPOSE SERVED BY RDQUIRENIENT: Section 205.053, 4A, requires a front yard setback o� not less than 35 feet Public purpose served by this reguirement is to allow for off-street parking without encroaching on tYie public right of way and also for aesthetic consideration to reduce the "building line of sight" encroachment r into the neighbor's front yard. � B. STA'i'�D HARDSHIP: "Would like to reduce tli.e front yard setb ack by 6 f_eet to add an addition." � C. ADMINISTRATIVE STAFF REVIL'Fl: � "' This property is on the corner af Panorama Avenue and Main Stxeet N.E. and the house and detached ga�age face Panorama Avenue. The existing house is approximately 37.4 feet from the fm nt pzoper�y line and the houses to the east of this property are approximately 31.4 feet and 26.4 feet fra�n the front property line. The 6 foot proposed addii.io�� would make this house line up with the house directly to .the east of_ i.t. There is a 7.6 foot boulevard on this street. � Mr. Moravetz said his only comment was that the staff would like the visual saiety conCrol zone be a stipulation. Mr. and Mrs. �ohn Montor, lOQ Panarama Ave., said they propase a 6 foot by 12 t�ot addition on the front of their home. The windows and casings in this wall area are in bad need of repair and they felt since they were going to do that much work and spend that much money they might as well put an addition on the house. This would also give them much needed living roori space. . r Ms. Schnabel asked if this addition w�uld go in front of L-ne present front door� 19�9-- -- G F APPEALS COMMISSION MEETING. SEPTEMBER 18,_ _ _ cxeating a new entry way to_help against heat loss in the winter. • Mr. Montour said no, that would creat a snowbound area on his roof because of the gable already there. He said the roofs will be matched by using a shed style roof. Mx. Kemper said the gahle. could be removed since it was not�functional. This would help in conserving heat loss by the door and is another alternative. Ms. Schnabel said their driveway does not enter off Main Street and would not be� t�ampered by this addition for visi�n safety. . The petitioner said there is a telephone pole on the corner (visual safety control � zone) and they have discussed with the city about their hedges locz.ted there. He said the outside of the addition will be contracted out and he will Finish the in- side. They have received no negative comments from the neighbors contacted. Ms. Sclnnabel stated the hardships��ere; 1. the window casings were rotten and needed to be replaced, and 2. they needed the additional living space. The home's dimensions are about 24 feet by 28 feet. Mr. Kemper said he was concerned about the ti�.-in of the roof lines and wanted staff to make special note of this. Mr. Moravetz said before the building permit is issued, typical sections of the roof, living space and basement would be required. The building inspector will make all. notes and requirements right on the blueprints. Ms. Schnabel asked if anyone from the audience had any comments. There were none. Mr. Moravetz'a last comment was that the hedges on the corner would have to be worked on. You can see around a telephone pole, but not through hedges. , � A. Mx. Kemper asked if this was a new policy with the visual safety control zone and how homeowners are natified. t Mx, Moxavetz said it was a new policy and with limited staff, they try to infoxm the public through the newsletter or letters to a homeowner when a corner is noted. MQTION by Mr. Kemper, seconded by Ms. Gabel to close the Public Hearing. UPON A VOICE UOTE, ALL VOTING AYE, CHATRWDMAN SC�.iNNABEL DECLARED THE MOTION CARRIED UNANIMOULSY. PUBLIC HEARING CLOSED AT 8:30 P.M. Ms. Gable felt the addition would be beneficial to the home and neighboxhood. MOTION by Ms . Gable, seoc�nded by Mr. Barna, to recommend : appxoval of the variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the front yard setback from the required 35 feet to 32 feet, to allow a 6 foot addition to an existing house, located on Lot 1, Bl�ck 2, Carlson's Summit Manor South, the same being 100 Panorama Ave „ with the.stipulation that the area involving th� visual safety control zone be worked out between the hoineowner and the City. UI'ON A VOTCE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED , UNANIMOUSLY. A.PPEALS COMMISSION MEETING, SEPTEMBER 18, 1979 s G 4. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OI' THE FRIDLEY CITY CODE. TO REDUCE THE FRONT YARD SETBACK I'ROM THE REQUIRED 35 FEET TO 25 FEET, TO ALLOW THE CONST�tUC-- T�0�1 Or A 10 FOOT BY 20 I'OOT ADDITION, WITH A FIREPLACE, ON LOT l, BLOCK 3, - REARRANGII�IENT OF BLOCKS 13, 14 AND 15, PLYMOUTH ADDITION, THE SAME BEING 4512 2ND STREET N.E. (Request bv Frank Kozlak� 4512 2nd Street NEs Fridley,_ Minnesota 55432). MOTION by Mr. Kemper, seconded by Ms. Gable, to mpen the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY, PUBLIC HEARING OPENED AT 8:30 P.M. Chairwoman Schnabel read the staff report: jADMINISTRAT2VE STAFF REPORT 4512 2nd Street N.E. • A. PUBLIC PURPOSE SERVED BY R�QUIFtEMENT: - Section 205, 053, 4A, requires a front yard setback of not l.ess than 35 feet Public purpose served by this requirement �s to allow for off-street parki.ng without encxoaching on the public right�of way and also for aesthetic consideration to reduce the "building line of sight" encroachment into ths neighbor's front yard. B. STATED HARDSHIP: They need additional living area' and they want to add a fireplace in this addition for energy conservation purposes. � C. ADMINIS TRATIVE S TAFF REVI FS^� : y The present house is setback 35 feet from the front pxoperty lin�' along with the house to the north of it. The property to the south has an private , home .�_ on it and it faces 95th Avenue with �he side yard �acing 2nd Street. The other houses along this block ar_d north of this propexty are set closer to the street than the 35 foot requirement. The addition would no t be setting a preced�nt in this area for front yard setbacks. � Ms. Schnabel said there have been several homes in the area that had been granted the same type of variance requests. The petitioners, Mr. and Mrs. I�'rank Kozlak, 4512 2nd Street, came forward. Mrs. Kozlak said their neighbor, Mr. Nedegaard had just put a large addition on his home and their addition would be lined up with his. The addition, 10 feet by 20 feet, would be used to enlarge the living room area. The fireplace will be use�ul in try- ing to conserve on energy during the winter months. Ms. Schnabel said there are shrubs on the south side of the property which will seclude this addition. She noted the neighbor's addition was yuite large and close to the pr�perty line. - Mr. Kozlack said 2 trees will have to come out and new front steps poured. u APPEALS CdMMISSIpN MEETINGs SEPTENBER 18, 1979 �� Ms. Schnabel asked how� the roof lines will tie in. Mrs. Kozlack said they already have a gable roof and this should tie in with the addition. There is a basement under the addition. Ms. Schnabel asked the audience for comments. Mr. Bruce Nedegaard said he was a neighbor and very much in favor of the addition. He stated th�is neighborhoodwas mainly older homes on sm�llex lots and the general trend Wasto fix these homes, thus making it a nicer neighborhood. MOTION by Mr. Barna, seconded by Ms. Gable, to close the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHATRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HF�RING CLOSED AT 8:45 P.M. , Mr. Barna felt this addition would upgrade the home, and there are no visual problems caused by it. • Ms. Gable concurred with this and also with what Mr. Nedegaard said about the people doing a good job of upgrading the neighborhood. Ms. Schnabel said she was confortable with the 10 foot variance in this particular neighborhood, as this addition ties in with the rest of the neighborhood. MOTION by Ms. Gable, seconded by Mr. Barna, to reca�rmend: approval of the variance request pursuant to Chapter 205 of the Friclley City Code, to reduce the front yard setback from the required 35 feet to 25 feet, to allow the construction of a 10 foot by 20 foot addition, with a fireplace, on Lot l, Block 3, Rearrangement of Blocks 13, 14 and 15, Plymouth Addition, the same being 4512 2nd Street NE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABBL DECLARED THE'MOTION CARRIED UNANIMOUSLY. � � "� 5. VARIANCE REQUEST PURSU.ANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 27.2 FEET, TO ALLOW AN 8 FOOT BY 20 FOOT ADDITION TO AN EXISTING ATTACHED GEIREIGE, SO THAT PAI2T OF THE EXISTING GARAGE CAN BE USED FOR A FAMILX ROOM ADDITION, LOCATED ON LOT 31., BLOCK 4, MELODY MANOR 4TH ADDITION, THE SAME BEING 7476 MELODY DRN E N',E. (Request by Aerbert ' C. Johnson, 7476 Melody Drive N.E., Fridley, Minnesota 55432). Chairwoman Schnabel read the staff report: ADMINISTRATIVE ST�1F'F REPORT 74�G Melody Drive N.E. A. PUBLIC PUF.PO5E SERVED BY �UIRF�'IENT: Section 205.053, 4A, requires a front yard setback of not less than 35 feet Public purpose served by �his requirement is to allow for off-street parking without encroaching on the public right of way and also for , aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. . 0 APPEALS COMMISSION MEETING SEPTEMBER 18, 1979______ 6 I $. STATED IIAF2DSHZP: "We wanti to add on a family room. In order to do this we need to take . 8 feet out of the back of our e.xisting garage; add on an additional 12 feet to create a family room. The entrance to the room from the house via door which was originally used to enter garage from house. Also we want to add an additi.ional 8 feet to fro nt of garage to maintain a double size garage. We aould not accomplish a room with a direct entrance without using said •. amount of garage area. Thus w e are limited on the amount of footage we ' can qo out the back and still have a direct entrance." . C. ADMII�IISTR2�TIVE ST1�FF REVIE,W : 0 The existing structure is setback 35.2 feet fr_�n the front property line. The addition would make the setback 27.2 feet from the front proper�y line. - The houses along this street were all proposed to be set back at the 35 foot minimum. If the Board moves to approve this request, the staff has no stipulaiions to recommend. Mr. and Mrs. Herbert Johnson were present for the request. Mrs. 3ohnson said they would have to connect the addition to the home as shown on the plans bacause of an existing kitchen door and bathroom, plus because of the pool in the backyard. Ms. Schnabel asked if they would be using part of the existing patio. Mr. Johnson said about half or 12 feet. They would build a new Patio�later. He also stated the addition in the front rnay only be 6 feet instead of 8 feet.f Mrs. J�hnson sr��d it wo�r�.� have a gable roof in the front and a shed roof in the back so should tie-in with the rest of the home nicely. Ms. Schnabel asked how far the pool is fxom the house. R ' Mr. Johnson said 12 feet, give or take a foot. Ms. Schnabel said the exception of the gable roof and door tie in, the addition c�uld go all the way back. The petitioners said no because of the pool, this would give them about 3 feet from the pool to the addition. The pool is almost impossible to move and the liner would be ruined. Ms. Schnabel asked why the 2 foot 1��. was put in the front end of the addition. Mr. Johnson replied to break up the wall visually on the outside and give storage area inside. - Ms. Schnabel asked about entrances. The petitioner said the door from tY�e kiechen to the family room would be arched. Ther.e would be no doox from the family room to the garage. The only way to get into APPEALS COMMISSI013 MEETII3G, SEPTEMBER 18, 1979_ __ ___ �� the garage was to go outside. The room size will be approximately 20 feet by 20 feet. Mrs. Johnson said the homes all have a 35 foot setback, but because the street is curved you do not get a straight site view. The front addition would not stick out and bl.ock someone's view. Mr. Kemper asked about the floor plan and how many people live in the home. Mr. Johnson said there are 4 bedrooms on the top level, living area on ground level and a small family room and laundry facility in the basement. There are no windows and a fireplace in the basement family room making it seem very small and dark. He said 4 personslive in the home. • Ms. Schnabel asked if anyone in the audience had comments. There were none. Ms. Schnabel said she had received a phone call from a neighbor who did not want the front addition. She was not concerned about the rear addition. Her reason being all homes in the area have the same setback and this variance could set a presentient for the neighborhood. Ms. Schnabel said she had also been informed by the City staff that the Councilperson for this ward called and asked to have this request sent on to Council. Ms. Schnabel said because of those phones calls, she recommends the item goes to Council. Mrs. Johnson asked how this pexson making the phone call can do this. If she is not brave enough to come here tonight, what right does she have to voice any opinion. Mrs•. Johnson said this neighbor had come over and talked to her personally; but she was unaware until now of the phone call. � Mr. Johnson �ointed out the Notice of Public Hearing said you had to be here for the request. Ms. Schnabel said this person felt because she was a friend, and did not want to jeopa.rdize that friendship that she did not care to come. > � R. Mrs. Johnson said she told this neighbor to come and air her feelings. She wanted to know how one person in a neighborhood can stop something like this. If they had a grudge, it could be used against you. Ms. Schnabel said that was not the reason or jurisdiction of this commission to stop you, but to make a recommendation to Counc.il. �' , Both Mr. and Mrs. Johnson said if they have to wait until the October meeting, it will cost them time and money. Mrs. .Tohnson asked why they were here tonight if it has already been decided by this Council person tha� it should go to Council. Mr. Moravetz pointed out this commission has to still make a recomznendation on the request. Ms. Schnabel said she cannot say if the neighbor's reasons are valid or invalid, but they have been asked to send it on to Council and will have to do so. The 3ohnsons asked why the Gouncil member_wanted this item hefore Council. Was it just because of one phone call. . Ms. Schnabel said the Council member, Cheryl Moses, did not state her "reasons. APPEALS COMMISSION MEETING, SEPTEMBER.18, 1979 _ 6.�� , Mrs. Johnson said if Ms. Moses wanted this to come before Counc.il she should have contacted them. That seems to be the proper thing to do. She said she would not mind the opposition if they had been here tonight. The notice sates thisw.as a public hearing and you are to be here to voice your opinion. In her opinion because of this one phone call, Cheryl Moses got she made her decision and she was not even here to voice it. She is their council member too and neicher �ne of these people had the nerve to walk into this room. She said she felt they had�every right to be upset. Ms. Schnabel said a problem like this puts the board in an ackward position. There are people who have complained how a variance is handled and she has asked them if they know of a better way to please tell the commission. She explained this to the neighbor who called. She went on to say this board serves at the will of the Council, the members are interested citizens charged with an obligation to other citizens. They do not like to see situations arise where neighbors end up on opposite poles because of a variance request. Mrs. Johnson said her main objection was that the notice states you have to be here, and these 2 people are not. There was nothing i.n the notice about phone calls. Ms. Schnabel said the notice does not say they have to be here. It reads ... all persons with an interest would be given an opportunity to be heard. She said they have had people in the past write letters to voice their feelings. Mrs. Johnson said the notice should be written as such then, stating in person, letter or phone call. She said she was so disgusted she would like hex $50 back and not . build. The delay will cost them money. Mr. Moravetz said if the commission, city staff or nei:ghbor objects, it goes automatically to Council. � Mrs. Johnson said it does not seem fair that one person in a neighb.orhood could stop this. They will get stuck with higher costs if it was_delayed and they are the victims. If it was a majority objecting they could understand that, but this one person and her council member who do not have the nerve to wallc in here was upsetting. Mr. Kemper said he thought she was assumming Cheryl Moses had already made a decisio�n on this. Perhaps she has many reasons for bringing this to Council, even perhaps their best interest. . • Mrs. Johnson said she would be here tonight then if �he had their best interest in mind. Ms. Schnabel said she should call Ms. Moses and discuss this with her, and raise some of these points. But like Mr. Kemper said, she may have �ertain reas�ns why she did it this way. Mr. Johnson thought it was very poor on Ms. Moses paxt to contact the city-at-large and not them also. Mrs. Johnson said in.tlieix own neighborhood there are many instances where people get away with going agaist the ordinances and no one says anything. But you try to make a change, and everyone says something. If you go about something in the right way, one pers�n can stop it, which was not fair. � MOTION Uy Ms. Gable, seconded by Mr. Kemper to close the Public Hearing. APPEALS COMMITTION MCETING, SEPTEMBER 18,__1979 G('" UPON A VOICE VOTE, ALL VOTING AYE, CI�AIRWOMAN SCHNABEL DECTARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING CLOSED AT 9:26 P.M. Mr. Barna said with the curve of the street and the layout of the adj�ining homes he could not imagine where the absent objecting neighbor lived, except possibly the one to the east. He said he m uld not see where a 6 or 8 foot addition would cut off your view. He stated he cannot see the �bjection;but there is one. MOTION by Mr. Barna to recocmnend to Council approval of the variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the front yard setback from the required 35 feet to 27.2 feet, to allow an 8 foot by 20 foot addition to an existing attached . garage, so that part of the existing garage can be used' for a family room addition, -Located on Lot 31, Block 4, Melody Manor 4th Addition. Mr. Kemper said he c� uld like to discuss it more before they second it. He wanted to know if any frant yard setbacks had been given in Melody Manor. Mr. Barna thought perh2�s one or two, but was not sure. Mr. Moravetz said none that he was aware of. Mr. Kemper pointed out that this was a well known neighboxhood �f several hundred homes and all have an apparent 35 foot setback without question. � Ms. Schnabel said she quesCioned the setbacks. This particular home site sits between Ballet and Jackson Street on Melody Drive. The houses between 73rd and Ballet on Melody seem more irr.egular in the setbacks. This may be only a visual conception due to the style of the homes. Mr. Barna said he got a jogging effect going from a 2-stoxy home to a xambler. Mr. Kemper said he did not mean to draw a conclusion and place Melody Ma.nor on a pedestal and not allow varia.nces. He said this was an important d�cision, do we want to start allowing variances here. R� Mr. Moravetz brought out the aerial photos of this area. The area was complete when the photos weYe taken. . Mr. Kemper asked the board if there was a real hardship. :Ct already was a 3.arge home and if the addition was build or no�,,�aas that a ha�dship: The commission loolced at the aerial photos and concurred a visual jogging affect of the front yards does occur, but that does not say tliey are not 35 feet. Mr. Kemper said the homeowner has done a good job oi: maintaining the home. Secon.d by Mr. Kemper on the motion made by Mr. Barn�� to recommend to Council to approve this variance request. - Ms. Gable said she was not firmly convinced there was a hardship. She said she had no problem with the variance or setting a.precedent .. allowing variances here, but with the fact there was no hardship proven. . Mso Schnabel said she felt the same way. She thougYat the addition could be added unta the rear without any problems. She felt the real h�:rdship was wi�h the objections � received from the neighbor and the request by Counci.l people to hear this. She said APPEALS COMMISSION MEETING. SEPTII��BER 18, 1979 6 r� she felt very strongly about this, by putting these people through something that was unecessary. She did not think Council could arrive at an easier or better solution. Mr. Kemper said they should make a list for City Council so thev can be aware of the problems and why this commission acted as they did. The two reasons were: 1. The hardships were not well defined and these hardships.may be self- inflicted, for instance because of the pool position. 2. Therz have been no homes in Melody;Manor granted front yard variances and this ma.y set a,precedent. . Council should be aware of this and decide if they want to start this. Ms. Schnabel said she wanted to send to Council an�ther item regarding this, but would discuss it under Other Business. Mr. Barna gave his opinion on what a haxdship is �e felt � was a situation that affects that particular request and if this request will affect the petitioner's life style. He said in this case there could be some design cha:nge, but 'it could mean losing the _ pool or have the addition end right at the pool edg�e. This was a financial and life style hardship. Mr. Kemper said he agreEd it was a hardship on prog�erly designing an addition, but did not feel the City Attorney was attempting to ad�dress that, but if there was a real need. UPON A VOICE VOTE, MR. KEMPER AND MR. BARNA VOTING ,AYE, MS. GABEL AND MS. SCHNABEL VQTING NAY� CHAIR410D1AN SCHNABEL DECLARED THE MOTION A TIE. 6. VARIANCE REQUEST PURSUANT TO CH.A.�?TER 205 OF THE FRIDLES' CI� CODE, TO REDUCE THE FRONT YARD SETBA�K FROM THE REQUIRED 3S FEFT TO 31 FEET, SO THAT A LARGE TREE CAN BE SAVED DURING THE CONSTRUCTION OF �, NEW DWELLING, LOCATED QN LOT 30, BLOCK 8, PLYMOUTH �DDITi�N, TOGETHER WITH HAL� OF V�CATED 48TH AVENUE �I.E. AND ALL VACATED ALLEY LYING ADJi�CENT TO SAID LOT 30, TH� SAME BEING 4795 3RD STR�T NE, (Request by Robert Carl, 4831 31st Avenue South, Minneapol.is, Minnesota 55417). MOTION by Mr. Barna, seconded by Ms. Gabel to open the Public Heaxing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLAIZED THE MOTION CARRIED UNANTMOUSLY, PUBLIC HEARING OPENED AT 9:43 PoM. � Chairwoman Schnabel read the staff report: Ii�MINIS7.'I'J1TTV� ST1�P'I' RLPORT 4795 3rd Strec�L td.L. X1. PUBI�IC PilFti'OSr SF;RV�D BY RE�UIRL•'Id�NT: Seci:ion ?_05.053, 4A, requires a fr.ont yard setback of noL l.ess than 35 feet Pt�l�lic ptzr��ose served by this rec�xirement i.s to allow for off-streei: parki�7q witl�out enca-�aciiing on tlic publ..i.r, ra.g]�t of Y7�3j� and also for aestheti.c consideraLion to rcduce tne "buildir�g 'line oi- sight" ei�croachment into Lhe nei.ghbor's fr.oi�t yard. _ � . _ 6 P� APPF�LS COMMISSION MEETING, SEPTEMBER 18, 1979 _____ _ $. STIITFI� iINtDSIiT�': ��Iould like to save a b9.g Chinese Elm tree• �� C. AUMZNISTRIITIVL STr� 32I;V:L13W: 'i91is house is � be locatc.d on a 38, 12 faot :Loi� and a 30 �oot vacated street with an ea�ement retainecl over the northei°Iy 25 ient of. the vacuted street, . _ r.lal;inq trie placemerit of th� house lim9_ted. Tlzey }�ave ��ositioned the house _ to avoid cutting doti�n a big Chinese Elm tzee and also to tal.e advani;age of the street curbi:�g that is er>isting to avoid the expense of a curb cut. 2'he hause to th_e south is set at 34e 3 f�et (verified) from the front nroperty line and the house to the north i.s set at or about the 35 foot setback (per the aerial photogra�h). Mr. Robert Carl addressed the commissi.on. He said if the gaxage was put at the normal fronfi yard setback the tree would be 4 feet into the 2nd stall of the garage. The garage door would open on to the vacated 48th Avenue with the driveway coming off of 3rd Street. Ms. Schnabel asked Mr. Carl if he w� uld be building and living in the home. He said yes. He has put on option on the lot contigent on getting a building permit. He st:ated they would be building the garage and basement and placing a pre-constructed home, which they have already purchased. Ms. Schnabel asked if the house could be reversed on the lot. This would allow them to place in on the lot without losing the tree or needing a vari�nce. F• Mr. Carl said then their home would be facing into their neighbors, giving no privacy. Mr. Kemper as'::ed if the plans �exe available in a mirx�r isnage. Mr. Carl said they have already purchased the home and it�..as already builto Mr. Schnabel said the other problem she has with this request was that every other house in this area has the garage to the side or rear of the home, not up front like this one. It does not seem compatible. She said this was a buildable lot and with this house plan it has been limited. The present curb cut does not have to be used either. Mr. Carl said the only other option was to have the garage door open onto 3rd Street. That seems less desirable because with thi.s plan they would put windows in with shutters to dress up the garage. Ms. Schxlabel said they consider this a buildable lot and he has set the limitations by already purchasing a home_to put on it. Any other style home would have worked and fit into the neighborhood. � Mr. Carl pointed out they are tr.ying to conserve as much of the backyard as possible, With the trees already located along the pxoperty line and adding a patio this would give A very private axea. � APPF.ALS COMMISSION MEETING. SEPTEMBER 18. 1979 '' 6 0 Ms. Gable said she thought it was a greater hardship to have a house and no place to put xt then it was to have a tree to work around. Mr. Moravetz pointed that the northerly 25 feet (Mr. Carl questioned if it was 20 or 25 feet) must not be used for any permanent structures. It may be landscaped. Mr. Kemper asked if the variance was denied, would they still put the home on this lot. Mr. Carl said he would still go ahead and purchase the lot, cut down the tree and put his home on it. Ms. Schnabel asked if anyone in the audience had comments. Mr. Stanley Thorson, 4775 3rd Street, came forward. Mr. Thorson presented a petition from the neighbors stating they did not want the variance request allowed. MOTION by Mr. Kemper, seconded by Ms. Gable, to receive Petition.�� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANTMOUSLY. Chairwoman Schnabel read the petiti�n: "We.the undersigned d� not want the variance changed for the yard setback f.rom 3S feet t� 31 feet for �795 3rd Street. All homes from 49th Avenue to the City limits on 3rd Street are setbac�c to the correct foctage". The getition was signed by 23 people. Mr. Thorson said the �etitioner was worried about losing one treeg but when the survey was t.aken for this lot he lost 7. He expl��xned he planted a row of trees and had been maintaining them for quite a few years and finds out now they axe one foct on the lot next door. He said if the tr�es are gone (meaning from his side of the property line) he did not want them there at all. He said if this variance goes through, he will chop down the trees. The Commission advised him to get legal advise first before he toqk such action. Mr. Thorson also wanted to know why this lot did not have to be 75 feet like the other new lots in the City. Mr. Moravetz said anything glattedmafter 1965 is required to have 75 foot lotso Anything plotted before 1965 and still existing was grandfathered in and therefore could be smaller. Mr. Thorson asked why a neighbor of his 10 years ago could not get this street vacated and �ow� it was. The commission replied they could not answer or give reasons as to what happened 10 years ago. " . Mr. Moravetz said he thought perhaps the feeling of the Council 10 years ago was to keep something (the now vacated street) in �ase it was needed. ., The feeling now was to APPEALS COMMISSION MEETING, SEPTEMBER 18, �9�9 �� 6 P give it back and get in on the tax roll. Mx. Thorson said he also received a letter on November 19, 1977 from the City stating - this lot (38.12 feet) was up for sale. He wanted to know why the lettex did not state the street adjoining this lot could be vacated at a latex date, thus making a buildable lot. He also wanted to know how this plan got through with the garage facing 3rd Street: A year ago the same type of request for the house across �he street was denied. Ms. Schnabel said that was rejected because it was on a 40 feet lot. Mr. Thorson said he just put a large addition on his house and was sorry he did. He ' would sell other wise, because he was so disturbed about this mess. Mr. Kemper asked what his main objection was. Mr. Thorson sai.d because there was a street vacated and he was unaware that at the time the adjoining lot was put up for sale the street could have been vacated, making a larg�r lot. ` Mr. Kempex said he would like to point out that Mr. Carl was not part of that vacation. Mr. Thorson said he realized that and was not blaming him. Mr.Ke:mper said they were here to discuss the variance request and asked if he was objecting against the variance request or his earlier stated objection. . Mr. Thorson said both. The petitioner asked what was required to withdraw his variance requast. The commission said he could withdraw at anytizr�e, now or later. } - �, Mr. Carl withdrew his variance request, saying they would cut d�wn only the Chinese Elm tree and no more changes would take place. The Appeals Ccmmission recognized Mr. Garl's withdrawl and iniormed i:he audience this request would go no further. rlr. Carl can build on this lot, so long as he meets all codes and building requirements. x_ Mr. Thorson aslced if the garage could still be put on 3rd Street. Ms. Schnabel said yes, as it was a buildable lot. Mx. 7.'horson said he was extremely upset about this. It would lowex property values by $10-20,000. His $20,000 addition was money thrown away. OTHER BUSINESS: - Ms. Schnabel said she would like to refer an item to Council with regards to item #5. She said the aninimity of an objection was not a desixable factor, and that has placed a real burden on this board when making a-decision. The fact that people can call and c:omplain to us was hard for the petitioner to accept when they were not aware of the c:alls. She thought perhaps phone calls sh�uld�not be used when malcing a decision. Mr. Moravetz suggested that Lhey could state in the Notice of Public Hearing that any APPEALS COMMISSION MEET_ING, SEPTEMBER 18, 1979 6�' comments on the request must be given in person or writing. H� said it was one thing for staff to get a phone ca11 and able to check it out, but when a board was required to review and make a decision on the spot that puts an extra burden on them. This would also eliminate anyc-�ank , calls. Mr. Barna added the letters should be signed. Ms. Schnabel said this was not the first time she has received phone calls. Mr. Kemper asked Mr. Moravetz to get a legal opinion on this. Ms. Schnabel said this would make it clear to everyone,when getting a phone call on �. request on what to say to the caller. The staff, board members or Council members could say the notice states comments are to be received this way and only this way. She said this may still make some people feel intiminated, which is not right, but right now no on6 lcnows of a better way to handle a request. Ms. Schnabel said they should ask Council to approve re-wording of the Public Hearing notice to read: Notice is hereby given that al1 persons hav ing an interest therein will be given an opportunity to be heard at the above time and place. All comments must be given either in person or in writing and signed. Mr..Barna thought a"hardship" should be defined better.- What F�as a hardship in Riverview Terrace may not be one in Innsbrook North. He thought each request should be looked at separately, the l.ife style for the petitioner would give it a more unique� �uality. Tlze other me.mber.s said the�T were uncomfo•rtable in deciding on what someone'e life style was or should bee There are too many tznknown factors. . s ADJOUltNN1�NT • � A• MOTION by Mr. Barna, seconded by Ms. Gable to adjourn the September 18, 1979, meeting of the Appeals Commission. UPON t� VOICE VOTE, ALL VOTING AYE, CHATRWOMAI3 SCHN�'�4BE"L DECLARED THE MEETING AD30URNED AT I0.45 P.M. � . 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Q'ftt F��1�1 i 1C�� Qti��a �•�NTY ' �'��' 7� �!t �c/r ii'��5 :5 v h�vd t:�rt� ii:+/1'i,"rF i Pj�il." i!.'i1�0l:C;i7 JI��:i Si11'YT(� ''� ,i��IC" �"'�'l!�OrPL'S ��liiC th'ldR.' C�'f1V[kr�;� i�X��O!.�� . ,r.;'hc � cer, � , r _ n� il�,� „^I j�YYI C� U;� t't�1i/:�t�� j i�?ff?'?J! , r^i'�CN� �7.>'��ie U'Ui;GYf'rrl�rl!f , 7� :iix, ,��7YI? [Y' QrT C7�t� %OlJt�. n S .SU/�rC(��c� i J lTh.° ��%75__..._.. - GfOc� r � � o�' :::rt,.��sr.:��:_�.___�____ A.t1;:t4.�^1�.. SUf3U,QEir�Al f"�tilCi/AJCf17fNG , lNC. f:rq,n:�; .� � _i�,r'.r-i�or's f � _ _ _... � " • - •r� .• /5_... _ � //( _(' � / /' l � ,..�., .. �' � bt�..._.:..1'.___..____ �: �! :.>l' :...L...:.. ,_ .. _ . E . - 4��.-� i ,�o , -� �� .� _ .. ..__ .. , . ... ,_ ._.__. . .. _ . . . _ _ .._ _w._. . _ - ------_._._. ._.._ ..._._...__._____ _ . ___ . .__ . . .. ,, , _ . � . �-- . _ ... .. T0: CITY MANAGER AND CITY COUNCIL � FROM: MARVIN C. BRUNSELL DATE: SEPTEMBER 21, 1979 SUBJECT: AUDITOR FOR THE YEAR 1979 Please see the attached letter from George M. Hansen Company inquiring as to whether they can do the audit for the year ending December 31, 1979. It is advantageous to the City to name the auditor well before the end of the year so that the auditor can do some of the work before the end of the year. After the end of the year, most auditing firms are quite busy; therefore, it would be advantageous both to them and to the City if some of the preliminary work can be done prior to the year end. B y i ' �. � 7A . GEORGE M.. HANSEN COMPANY Certifitd Public ilccounlanls 178� SOUTH PLAZA BUILDING WAYZA7A BOULEVARD AT HIGHWAY 100 • MfNNEAPOLIS, MINNESOTA 58418 D46-2566 City Council City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Dear Councilmen; September 19, 1979 We are currently planning our fall and winter work program and would appreciate an indication that we may be invited to conduct the 1979 audit of the City as w� have in past years. We would perform an audit of the balance sheets of the various funds of the City as of December 31, 1979 and the related financial statements for the qear then ended. The audit would be performed in accordance with the procec3ures established by the State Auditor and the American Institute of Certified l?ublic Accountdnts. 2hese procedures are compatible with the pronouncements of the Piational Council on Gover.nmental Accounting. . � The audit which we will perform will be an examinaL-ion which consists of a review of internal control, accnunting procedures, and the details of�all records, in- cluding subsidiary records and supparting data as to mathematical accuracy, propriety and completeness of all. traizsacti.ons on a test hasis. The test examina- tion presumes that the items selected are representative of aI� the transacta.ons. Although such an audit is the one most frequently used today, it will nor ttecessarily discover fraud or defalcation. However, shauld fraud or defalcation exist, it may be un�overed as the result :>f one or more oi the procedures applied on a test basis. As in �revious years, we plan to do as much work before the year end as possible so that we may present our report at an early date. We have enjoyed our rela�tionship with the Citq duri.ng the past years and hope that we may be allowed to conduct the 1979 audit. . JGM:gmd Accepted by the City of Fridley $y Very truly yours, � J. Gregory Murphy Ti.tle Date 0 MEMO T0: NASIM QURESHI, CITY P�APdAGER, Af�D CITY COU�JCIL FROM: MARVIN C. BRUNSELL, ASST. CITY R�IGR/FIN. DIR. SUBJECT: CERTIFICATION OF DELINQUENT 4aEED CHARGES TO THE � COUNTY FOR COLLECTION DATE: SEPTEMBER 27, 1979 The attached resolution is for the purpose of certifying unpaid weed cutting charges to the County for collzction with the taxes due in _ the year 1980 (one installment). All of the property owners have been billed, and have had a reminder sent to them. The last notice stated the bill would be certified to the County if ii: is not paid and an 8/ penalty added. Administrative charges in the amount of 2.5% or a maximum of $10e00 has been added to all bills. y . • �, All of the charges on this resolution are for work done in 1979. � • � • RESOLUTION N0. - 1979 RESt)i_UTIOPd CERTIFYIP�G CNARGES TO 7HE COUNTY �JIUDITOR TO BE LEVIED AGAIP�lST CER?AIf� PROPEfiTIES FOR COLLECTION 4JITH THE TAXES PAYAQLE IN 19II0 (6�JEEDS) t�1HE{tEAS, a nuisance condition has been found to exist on the lots listed belowo tJHEREAS, the a�•rner of such property has given notice to abate such nuisance, and .WHFREAS, the owner of such property did not abate such nuisance and the City of Fridley, under authority of Ser.tion 145.23 �linnesota Sta.te Statute of 1953, did there- fore abate the nuisance at a.total of $57�0260 . Plat 54154 54154 55341 553'�l 55341 55480 55430 55��80 55��0 55480 56196 5619G 56308 56308 55308 56308 57352 5�593 575'?3 575�13 57593 591�0 59152 59452 Parcel 1 f300 20G0 140 160 180 600 800 B50 900 950 10 500 6345 6460 802U 8480 7365 433U 4335 5550 5555 22G3 810 � 10 Pt Lot 11, Aud. Sub. #23 ' Pt Lot 12, Audo Sub. ��23 Lot 7, Block l, Central View Manor Lot B, B1 ock 1, Central Vi ew tYtanor Lot 9, Block 1, Central View Manor Lot 12, B1ock 2, Commerce Park Lot 16, Block�2, Commerce Park Lot.17, 61ock 2, Commerce Park Lot 18, Block 2, Comme"rce Park Lot 19, Block 2,.Commerce Park Lot 1, Block l, Herwal's 2nd Add Lot 5, Block 7, Herwal's 2nd Add Lots 1B-2Q, 29 � 30, Block 135 �lyde Park Lots 21-26, Q1ock 13, Hyde Park Lot 2, Block 22, Hyde Park l.ot l II, 81 ock 2_3, Nyde Park Lot 9, alock 13, Plymo�,th Lots 27 & 28, 131ock S, Rivervie�,� Neights Lats 29 & 30, Block S, Rivervie�� Heights Lot 30, 61ock X, Riverview Fieights Lot 31, BTock X, Fliverview I�eic�his Lots 7& 8, Block 12, Spring Brook Park El2 of Lot 1, ��lock 2, Spring Valley Lot 1, Block 1, Veits 2nd Add � 0 $ 24.30 i2.14 14.84 14.84 14.84 39.1Q 39.10 39.10 39.10 39.T0 54.00 54.00 32.�4 39.42 � 12.14 12.14 24.30 � 12a14 ' 12.14 �� 6.OB 6.08 12014 12.14 12.14 578.26 PASSED lIND ADOPTED QY THE CITY COUNCIL OF THE CITY OF FRIDI.EY TNIS DAY OF � 1979, � ATTEST: CITY CLERK - P�9arvin C, E3runsell MAYOR � «ILLIAP� J. NEE � � MEMORANDUM T0: C1TY MANAGER AND CITY COUNCIL FROM: MARViN C. BRUNSELL � DATE: SEPTEMBER 27, 1979 SUBJECT: CERTIFICATION OF DELINQUENT WATER AND SEWER ACCOUNTS TO THE COUNTY FOR COLLECTION The attached resolution is for the purpose of certifying delinquent water and sewer accounts tothe County for collection with the taxes due in the year 1980. All of the property owners have been notified of the fact that their utility bills are being certified to the County, �nd have been given an opportunity to pay. _ The penalty shown on this resolution is in addition to the regular penalties that accrue on utility bills. The larger bitls, for the most part, are apartment buildings and commercial accounts. All accounts that are double bungalows, apartment buildings and commercial are noted on the afitached list. � Atl of the delinquent charges were certified one year ago, and if taxes on the property are being paid, the City is receiving that money. Al1 of the charges on this resolution are for one year or less qf.'util,ity service. R � RESOLUTION N0. A RESOLUTION CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUOITOR FOR COLLECTION tJITH THE 1980 TAXES � WHEREAS, certain water.and sewer charges for the City of Fridley are delinquent in payment, and, I�HEREAS, Section 7 of Ordinance Number 113, Section 1.02 of the City Charter provides for the certifying of delin�uent charges to the County Auditor for collection with the taxes. NOW, THEREFORE, BE IT RESOLVED that the City Clerk is hereby authorized and directed to certify the following charges to the County Auditor for collection with the 1980 taxes due and payable in the year 1980 to wit: . _ Al1 these noted in Schedule "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED THIS DAY OF � 1979 �Y THE CITY COUNCIL, CI7Y OF FRIDLEY, ANOKA COUNTY, MINNESOTA ATTEST: � • ' R. MAYOR - U!illiam J. Nee � CITY CLERK - TREASURER - Marvin C. Brunsell � CODE Distr�ict #1 1-001-4700-22 1-001-4724-41 1-001-4803-81 1-001-5825-93 1-002-4539-85 1-002-4656-51 1-002-4744-91 1-002-�844-82 1-002-5825-81 1-OQ3-4627-02 1-003-4803-64 1-003-5917-63 1-003-6011-91 1-020-0218-24 1-020-0218-23 1-020-0261-85 1-031-0140-22 1-032-0070-51 1-033-0182-91 1-034-0040-01 1-034-0070-31 1-034-0090-91 1-039-5471-21 1-045-5060-11 1-051-6270-61 1-060-0113-91 1-060-0173-61 DELINQUEP�T WATER AND SEWER ACCOUNTS CERTIFIED TO COUNTY - 1979 ADDRESS AMOUNT PENALTY 4700 - 2nd Street NE 4724 - 2nd Street NE 4803 - 2nd Street NE 5825 - 2nd Street NE 4539 - 2 2 Street NE � 4656 - 2 2 Street NE 4744 - 2 2 Street !NE 4$44 - 2 Z Street NE 5825 - 2 2 Street NE 4627 - 3rd Street NE - 4803 - 3rd Street NE 5917 - 3rd Street NE 6011 - 3rd Street NE 218 - 57th Place NE 218 - 57th Place NE 2G1 - 571;h Place N� 140 - 62nd Way NE 70 - 62 2 Way NE 182 - 63rd uJay NE 40 - 63 2 Way NE 70 - 63 2 Way NE ��-2) , 90 - 63 2 Way NE �R-2) 5471 Altura Road NE 5060 Clearview Street NE 6270 Comet Lane NE 113 Gibralter Road NE 173 Gibralter Road NE $ 54.22 165.07 244:02 49.83 126.12 165.86 261.14 103.75 145.93 �86-. 08 23.88 130.88 186.32 51.88 28.46 87.09 184.26 112.17 358.73 82e16 227.33 177.41 198.66 190.45 234.53 108.15 164.39 n $ 5.42 16.51 24.40 4.99 12.62 16, 58 26.12 10.37 14.59 18.60 2.38 13.08 18.64 5.18 2.8� 8.71 18.42 11.21 35.87 8.22 22.73 17.75 19.86 19.05 23.45 10.81 16.43 � $ TOi'Al 59.64 181.58 268.42 54.82 138.74 182.44 287.26 114.12 160.52 204.68 26.26 143.96 204.96 57.06 31.30 95.80 202.68 123.38 394.60 90.38 250.06 195.16 218.52 209.50 257.98 118.96 180.82 • � flJEL 1IVijQE.IV i WH I EK HIVU �tWtK HLI.W IV I J l.tK I 1 t 1 tU I CODE ADDRESS District # 1 (Cont'd�~ 1=055-0143-81 143 Horizon Circle NE 1-067-5073-91 5073 Hughes Avenue NE 1-080-4627-61 4627 Main Street NE 1-080-5765-51 5765 Main Street NE '1-095-0124-51 124 Pilot Avenue NE � 1-095-0173-51 173 Pilot Avenue NE 1-101-0172-81 172 Riversedge Way NE 1-102-6261-61 6261 Riverview Terrace NE 1-102-6440-01 6440 Riverview Terrace NE 1-104-0058-4� 58 Rice Creek Way NE 1-107-0114-31 114 Satellite Lane NE 1-126-6141-42 6141 Trinity Drive NE 1-126-6160-01 6160 Trinity Drive NE 1-131-0129-61 129 Ventura Road NE 1--135-6305-52 6305 East River Road District # 2 �2-331-5330-62 5330 - 4th Street NE 2-331-5851-51 5851 - 4th Street NE 2-332-5609-91 5609 - 5th Street NE Z-332-5626-81 5626 - 5th Street NE 2-332-6272-31 6272 - 5th Street NE�R-2) 2-334-5870-91 5870 - 6th Street NE 2-334-5964-63 5964 - 6th Street NE 2-335-5390-91 5390 - 7th Street NE 2-335-6862-61 6862 - 7th Street NE Z-343-0580-02 580 - 57th Avenue NE 2-343-0600-61 600 - 57th Avenue NE 2-343-0660-31 660 - 57th Avenue NE $ AMOUNT 51.41 170.93 190.10 194.08 161.59 142.15 188.05 216.98 176.29 171.35 181.58 61.66 154.41 146.54 119.G8 191.79 128.40 117.19 105.18 7.26 71.14 123.34 72.13 147.92 114.22 217.54 211.35 � $ PENALTY 5.15 17.09 19.02 19.40 16.15 14.21 18.81 21.70 17.63 17.13 18.16 6.16 15.45 14.66 11.96 > 19.17 12.84 11.71 10.52 .72 7.12 12.34 7.21 14.80 11.42 21.76 21.13 A• TOTAL $ 56.56 188.02 209.12 -213.48 177.74 � 156.36 206.86 238.68 193.92 188.48 199.74 67.82 169.86 161.20 131.64 210.96 141.24 . 128.90 115.70 7.98 78.26 135.68 79.34 162.72 125.64 239.30 232.48 9C DELINQUENT WATER AND SEWER ACCOUNTS CERTIFIED TO COUNTY - 1979 (Continued) CODE ADDRESS AMOUNT � PENALTY District # 2 (Cont'd�- . 2-470-5197-92 5197 Lincoln Street NE $ 163.38 $ 16.34 2-470-5225-51 5225 Lincoln Street NE 215.24 21.52 2-470-5237-11 5237 Lincoln Street NE 180.85 18.09 �2-477-5986-71 5986 McKinley Street NE 185.�89 � 18.59 2-478-6311-02 6311 Madison Street NE 204.73 20.47 2-478-6860-51 6860 Madison Street NE 206.76 20.68 2-480-5590-01 5590 Matterhorn Drive NE 62.79 6.29 2-482-1340-01 1340 Mississippi St NE 727.70 12.78 2-482-1427-61 1427 Mississippi St NE 73.04 7.30 2-482-1550-51 1550 Mississippi St NE 94.80 9.48 2-482-1645-21 1645 Mississippi St NE 86.75 8.67 2-484-5558-62 5558 Meister Road NE 118.66 11.86 2-487-633Q-61 6330 Monroe Street NE 155.54 15.56 2-487-6856-01 6856 Monrae Street NE 166.77 16.67 2-515-0711-43 � 711 Overton Drive NE 63.90 6.40 2-515-0920-11 920 Overton Drive NE 236.64 23.66' �Z-515-6740-61 6740 Overton Drive NE 137.09 � 13.71 2-517-6516-61 6516 Pierce Streei; NE 152.63 15.27 2-521-1183-31 1183 Reqis Lane NE 83.16 8.32 -522-6330-31 6330 �uincy Street NE 190.65 19.07 -527-1370-01 1370 Rice Creek Road NE 124.60 12.46 2-527-1631-53 1631 Rice Creek Road NE 58.18 5.82 2-532-0470-41 470 Rice Creek Terr. NE 74.59 7.45 2-532-0537-51 537 Rice Creek Terr. NE 231.22 23.12 2-536-1390-51 1390 Skywood Lane NE 200.85 20.09 2-539-6420-52 6420 Squire Drive NE 369.18 36.92 2-537-5940-01 5940 Stinson Blvd NE 63.26 6.32 '2-547-5800-71 5800 Tennison Drive NE 227.14 22.72 n• TOTAL $ 179.72 . 236.76 198.94 204.48 225.20 227.44 69.08 140.48 80.34 104.28 95.42 130.52 171.10 183.44 70.30 260.30 150.80 167.90 91.48 209.72 137.06 64.00 82.04 254.34 220.94 406.10 69.58 249.86 y� � � N QELINQUENT WATER AND SEWER ACCOUNTS CERTIFIED TO COUNTY - 1979 (Continued) CODE ADDRESS AMOUNT � � PENALTY District # 2 (Cont'd�- _ 2-548-6405-33 6405 Van Buren Street NE $ 142.91 $ 14.29 _ 2-549-5755-01 5755 University Avenue NE�Comm)317.55 31.75 2-549-6237-62 6237 University Avenue NEi�o�•)50.71 5.07 2-549-6379-42 6379 University Avenue NEiComm)381:45� 38.15 2-549-6481-91 6481 University Avenue NEtComm)311.75 31.19 District # 3 ' 3-645-7301-64 7301 Able Street NE�R-2) 62.45 6.25 3-645-7349-04 7349 Able Street NE�R-Z) 179.99 17.99 I 3-645-7379-32 7379 Able Street NE(R-2) 28.28 2.82 3-645-7379-31 7379 Able Street NE�R-2) 20.56 2.06 3-645-7417-78 7417 Able Street NE(R-2i� -10.60 1.06 3-645-7440-82 7440 Able Street NE 83.11 8.31 3-645-7465-85 7465 Able Street NEiR-2) 58.�5 5.89 3-645-7527-43 7527 Able Street NE(R-2) 27.59 2.75 . 3-647-7870-52 7870 Ap�x Lane NE 52.69 5.27 3-652-7850-11 7850 Beech Street NEiComm.) 105.43 10.55� 3-654-8080-91 8080 Broad Avenue NE 145.99 14.59 3-655-0600-64 600 Buffalo Street NE 45.62 4.56 3-655-0611-31 611 Buffalo Street NE 47.17 4.71 3-658-7573-11 7573 - 4th Street NE 59.76 5.98 3-660-1340-21 1340 - 69th Avenue NE 85.68 8.56 3-667-0036-62 36 - 70th Way NE 143.39 14.33 3-670-0115-51 115 - 71'2 Way NE 168.00 16.80 I 3-676-0362-97 362 - 74th Avenue NE iR-2) 44.03 4:41 � 3-676-0370-95 370 - 74th Avenue �E (R-2) 62.85 6.29 3-676-0382-53 382 - 74th Avenue NE ��-2) 67.23 6.73 3-677-1501-83 1501 - 75th Avenue NE 113.54 11.36 3-677-1571-34 1571 - 75th Avenue NE 156:99 15.69 A• TOTAL $ 157.20 349.30 55.78 419.60 342.94 68.70 197.98 31.10 22.62 11.66 91.42 64.74 30.34 57.96 115.98 160.58 50.18 51.88 65.74 94.24 157.72 184.80 48.44 69.14 73.96 124.90 172.68 � DELIN�UENT WATtR AND SEWER ACCOUNTS CER7IFIED T0 COUNTY - 1979 (Continued)_ -- CODE ADDRESS AMOUNT PENALTY District # 3 (Cont'dj� . 3-679-1620-22 1620 -�76th Avenue NE $ 161.51 $ 16:15 3-679-1621-11 1621 - 76th Avenue NE 156.94 15.70 3-683-0409-52 G09 - 79th Way NE 77.65 7.77 3-683-0455-83 455 - 79th Way NE(Comm.) 1,077.81 107.79 3-684-7345-61 7345 Central Avenue NE 134.34 13.44 3-684-7561-31 7561 Central Avenue NE 187.99 18.79 3-684-7651-41 7651 Central Avenue NE (Comm.) 71.95 7•19 ' 3-685-0614-41 614 Cheryl Street NE 132.15 13.21 3-686-7360-41 7360 Concerto Curve NE 85.63 8.57 3-688-0195-83 195 Craigbrook Way NE 188.30 18.84 3-692-0521-71 521 Dover Street NE 88.48 8•84 3-692-0610-92 610 Dover Street NE i73.77 17.37 3-697-6835-01 6835 East River Road 140.24 14.02 ' 3-697-7181-85 7181 East River Road 178.73 17.87 3-697-7517-33 7517 East River Raad 46.35 4.63 3=697-7998-12 7998 East River Road 141.40 14.14 • �. ' 3-697-8100-44 8100 East River Road (Comm.) 102.01 10.21 3-697-8253-93 8253 East River Road (Comm.) 69.11 - 6.91 3-702-0530-44 530 Ely Street NE 160.83 16.09 3-702-0651-73 651 Ely Street NE 132.99 13.29 3-702-0684-82 684 Ely Street NE 68.27. 6.83 3-717-0501-25 501 Glencoe Street NE 25.29 � 2.53 3-717-0501-26 501 Glencoe Street NE 16.76 1.68 3-717-05G5-52 565 Glencoe Street NE 171.96 17.20 3-732-0340-84 340 Hugo Street NE 163.98 16.40 3-732-0360-35 360 Hugo Street NE 42.75 4.29 3-732-0420-13 420 Hugo Street NE 139.28 13.92 3-732-0617-41 617 Hugo Street NE 113.90 11.40 TOTAL $ 177.66 172.64 85.42 1;185.60 147.78- 206.78 79.14 145.36 94.20 207.14 97.32 191.14 154.26 196.60 50.98 155.54 112.22 76.02 176.92 146.28 75.10 27.82 18.44 189.16 180.38 47.04 153.20 125.30 DELIN UENT WATER AND SEWER ACCOUNTS CERTIFIED TO COUNTY - 1979 Continued) CODE ADDRESS AMOUNT PENALTY District # 3 (Cont'd . -732-0650-21 -737-0290-31 -737-0314-51 -737-0401-91 -737-0420-62 -737-0510-72 -737-0570-42 -737-0576-83 3-740-7380-41 3-740-7400-01 3-742-0584-12 3-742-0585-01 3-742-0598-51 3-742-0631-42 3-752-0541-01 3-757-0175-82 3-757-0248-13 3-759-0410-12 3-764-1362-01 3-764-1430-81 3-764-1437-11 3-765-7331-43 3-765-7383-11 3-766-7330-41 3-766-7442-91 3-767-1517-11 3-7G�3-1163-71 3-768-1245-93 650 Nugo Street NE 290 Ironton Street NE 314 Ironton Street NE 401 Ironton Street NE 420 Ironton Street NE 510 Ironton S�reet NE 570 Ironton S+reet NE 576 Ironton Street NE 7380 Jackson Street NE 7400 Jackson Street NE 584 Janesville Street NE 585 Janesville Street NE 59B Janesville Street hE 631 Janesville Street NE 541 Lafayette Street NE 175 Liberty Str�et NE 248 Liberty Street NE 410 Longfel l ot� Street NE 1362 Meadowmoor Drive NE 1430 Meadowmoor Drive NE 1437 Meado�moor Drive NE 7331 Memory Lane (�E 7383 Memory Lane NE 7330 Melody Drive NE 7442 Melody Drive NE 1517 N. Timber Ridge NE 1163 Norton Avenue NC 1245 Norton Avenue NE $ 157.83 78.19 222.17 199.59 136.75 84.71 196.07 130.37 157.11 244.31 179.33 182.61 104.08 63.34 120.59 174.55 83.81 129.10 194.93 166.04 1Q9.51 150.10 85.28 141.14 215.71 ?_Ol .45 138.26 133.95` � $ 15.79 7.81 22.21 19.95 13.67 8.47 19.61 13.03 15.71 24.43 37.93 18.27 1Q.40 6.34 12.05 17;45 8.39 12.92 19.49 16.60 10.95 15.02 8.62 14.12 21.�7 20.15 13.82 13.39 M1• TOTAL $ 173.62 86.00 244.38 219.54 150.42 93.18 215.68 143.40 172.82 268.74 197.26 2QO.II8 114.48 69.68 132.64 192.00 92.20 142.02 214.42 182.64 120.46 165.12 94.90 155.26 237.28 221.60 152.08 147.34 9 !-'� DELINQUENT WATER AND SEWER ACCOUNTS CERTIFIED TO COUNTY (Continued) COD� ADDRESS AMOUNT � � PENALTY District # 3 (Cont'd�^ . _ 3-769-1473-11 -772-0041-13 -772-0400-61 -774-0290-73 -775-0155-02 -776-8141-92 -778-7376-51 -783-1515-33 -783-1523-31 -785-7313-24 3-785-7315-01 -785-7320-33 3-785-7337-46 3-785-7361-35 13-785-7385-53 3-785-7500-52 3-785-7610-24 3-788-7389-82 3-788-7630-55 1473 Onandago Street NE $ 46.33 41 Osborne Way NE 47.43 400 Osborne Road NE 196.65 290 Rice Creek Blvd NE 64:76 155 Rickard Road NE 209.01 8141 Riverview Terrace NE 78.91 7376 Stinson Blvd NE 121.62 1515 So. Timber Ridge NE 46.90 1523 So. Timber Ridge NE 194.23 7313 University Avenue NE(R-2) 69.27 7315 University Avenue NE (R-2) 151.81 732G University Avenue NE 432.58 (Camm.) 7337 University Avenue NE (R-2) 121.20 7361 University P,venue NF (R-2) 85.35 73f35 University Avenue NE (R-2) 112.66 7500 University Avenue NE 78.59 (Comm.) 7610 University Avenue N� 304.70 (Comm.) 7389 University Avenue NE (R-2) 79.36 7630 Van Buren Street NE 52.26 TOTAL $ 30,275.9II $ 4.63 4.75 19.67 6.48 20.91 7.89 12.16 4.70 19.43 6.93 15.19 43.26 12.12 8.53 11.26 7 ;8 5 30.48 7.94 5.22 $ 3,027.68 � TOTAL $ 50.96 52.18 216.32 71.24 229.92 86.80 133.78 51.60 213.66 76.20 167.00 475.84 133.32 93.88 123.92 86.44 335.18 87.30 57_4R $ 33,303.66 9I MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL 10 FROM: MARVIN C. BRUNSELL ' DATE: SEPTEMBER 27, 1979 SUBJECT: RESOLUTION DESIGNATING POLLING PLACES AND APFOfNTiNG ELECTfON , JUDGES FOR THE NOVEMBER 6, }979 GENERAL ELECTION The election judges listed on the attached resolution were taken from the iist of judges used for the 1g78 election. No new lists have been received from the political parties as they are not required to furnish lists for just a municipal election. Because of the holiday (Columbus Day), and the deadline requirement, this list is being su6mitted to the Council earlier than would normally be necessary. 0 > � A• RESOLUTION fJO. - 1979 RESOLU7IOtJ DESIG�JATIP�G POLLING PLACES AND APPOINTING ELECTION JUDGES FOR TNE NOVEMQER 6, 1979 GE��Li;AL ELEC7I0�� • NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting thereof on � Octo6er 1�, 1979. SECTION l. S�CTTON 2. That on the 6th day af Pdovember, 1979, there shall be an election for the purpose of voting on the follo�ving: COUNCILMEMBER SECOND I�JAKD Tha� the polling places for saici election shall ae as follo�vs: Ward 2 Precinct 1 t�Jard 2 Preci nct 2 Ward 2 Precinct 3 Senior High School Rice Creek.School Plorth Park School SECTION 3.' That the polling places ��rill be.open from 7:00 A.M, to 8:00 P.M. SECTIOPJ 4. That the following people are hereby appointed to act as judges for said electian except that the City Clerk is hereby authorized � • to appoint qualified sub;titutes in cases of conflict of interest as set forth in Chapter 4, Sectian 4.05 af the City Charter. WARD 2 PRECTNCT 1 *Jenny Locker Betty Qrezny Alice Peterson Lorrayne L�Jei ss Mary JQ Engler Ginny Steinmetz Rita P7er�t Muri el Por�er•oy Mur�i el Li ttl e;john Janice Hebeisen WARD 2 PRECINCT 2 *Helen Shaffer Gladys Luhman Jean Long Alice Turner i�1arl i s Johnson Karen ajorgo Pa1; Anderson Ruth DeMars D 5664 Jackson Street [} 69-0 - 59th Avenue D 5665 Jackson Street D 6471 Jackson Street D 5655 Jackson Street R 6340 P1onroe Street R 6�9 E3ennett Dri ve R 5836 Jefferson Street R 711 - 5Bth Avenue R 901 t�est P9oore Lak'e �Dr R 6805 Channel Road . R 1611 - 6Gth Avenue R 6594 Fridley Street R 1611 - 6G 2 llvenue D 1581 Dar�a Court U 6675 Anoka Street D 6631 Lucia Lar�e D 1442 hlississippi Street 571-7563 5�1-3806 `571-4465 � 571='1216 571-2961 571-2078 571-3650 571-4006 571-5633 571-3660 574-9676 571-8787 571-5414 784-7696 574-99fl2 57]-6160 574-0203 571-9147 10 � � Page 2- Resolution PJo. - 1979 I��ARD 2 PRECINCT 3 (A) *Qen Kinsman Jean Wagar Edna Ericksan Barb tai 1 son Del ores f�1�=�11 ur� Nancy Strong Doraine Newland Henrieita Olson P1arlyn Li so4rski Dorothy Oden R R R R R D D D D D WAItD 2 PRECINCT 3 (B) *Judy Engebr�etson Adeline Swanson Na-i cla Kruger P�iarl ene Stei chen Jean Gerou Vi t°gi i1i a Bureau f�larlene Sonstegard Jean Lee Virginia Schnabel sh; ri ey Mos�n,zn D D D D D R R R R R 1348 Hillcrest 5940 Stinson Q1vd 6056 l�loody Lane • 1541 Trollhagen 1464 N. Danube Road 5720 Reyis Drive � 5517 P,egis Drive ' 6425 Del lwood Qr�i ve 51II0 Lincoln Sireet 5f399 Hackmann 5216 Taylor 5835 Cer�tral Avenue 5654 West Qavarian 1616 East Berne Circle 165Q Briarda7e Road 563Q t�Jest Danube 1249 Hathaway 1473 Trollhagen 1527 l�Ji ndemere 5560 Regis Drive� 571-0764 571-4G60 571-•3600 571-7383 574-1064 571-5920 574-1203 571-8916 571-8331 571-5506 571-6960 571-7638 571-0934 571-5844 571-6736 574-1876 571-4251 571-7172 571-3318 574-1041 SECTION 5. That the following judges are appointed to act aa chairmen of . the Election �oard for the precinc�s designated and shall have the duties set forth in Sectior� ?_03.23 of Minnesota Statutes. > Ward 2 Precinct 1 Jenny Locker tdard 2 Precinct 2 Nelen Shaffer l�ard 2 Precinct 3(A) Bev Kinsman Ward 2 Precinct 3(E3) Judy Engebretson . �. SECTION 6. Compensation for said Judc�es ��rill be paid at the rate of �3.00 per hour for the :egular Judges and $��.00�for the Chairmen of � the Clection Board, PASSED �1ND ADOPTED BY TNE CITY COUfdCIL OF THE CITY 0� FRIDLEY 7NIS DAY OF ATTEST: , 19790 CITY CLLRK -- t�larv�in C, f3runsell P�AYOR - t�IILLINP� J. fdEE lU � 0 MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL ' DATE: SEPTEMBER 27, 1979 SUBJECT: RESOLUTIONS AUTHORIZING THE ISSUANCE AND S�LE AND PURCHASE OF TEMPORARY BONDS/PROJECT N0. 127 Project No. 127 was established for the purpose of installing a water, sewer and storm sewer in the PACO Industrial Park area. The work is well along in this area. No financing has been provided for this project up to this date. The attached resolutions wou.ld authorize issuance of $450,000.00 in temporary bonds. T ♦ A. � 1 � 11 11 A RESOLUTION N0: A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVE- MENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 WATER, SEWER AND STORP4 SEWER IMPROVEMENT PROJECT N0. 127 BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: SECTION 1. The total estimated cost of Water, Sewer, and Storm Sewer Improvement Project No. 127 has been estimated at $• , 0.00. SECTION 2. It is now estimated that the sum of $�50,000.00 is currently necessary to provide financing of the project above noted, and it is hereby determ?ned to be necessary to borrow said amount for the payment of obligations now incurred and for expenses necessarily _incurred i� connection with the construction of said improvement project. SECTION 3. There is hereby created a Water, Sewer and Storm Sewer Improvement Project No. 127 Fund which shall contain a construction account as part thereof into which shall be paid all praceeds of temporary bonGS issued pursuunt to this resolution and subsequent resolutions, ar�d out of which shall be paid all ar�ounts due and payable as costs or expenses incident to or ir�curr�ed in connectian with the making af said improvement. SECTION 4. There is also hereby created a Water, Sewer and.Storm�.Sewer � Improvement Project No. 127 principa� and interest account, which account in said fund may and sh��ll be termed as the principal antl interest fund, into which shall be paid the proceeds of all s�cc-ial assessinents levied against benefited . property by reasor� of making of said improvements as well as all other monies therein to be paid as p�ov,ided by law and out of which shall be paid the principal and interest on all temporary improvement bonds issued to finance said project. SECTION 5. It is herehy determined i:hat the sum of $450,00O.00sha11 be with borrowed to finance said Water, Sewer, and Storm Sewer Im�rovement Project No. 127 N�ith respect to cost of construction and expenses necessarily incurre� relative thereto by this date, by the issuance of temporary improvement bonds of the City of Fridley as authorized in Minnesota Statues, Section 429.01, Subdivisior� 3, as amended by Laws of 1957, Chapter 385. 11 B Page 2-- RESOLUTION N0. - 1979 SECTION 6. Said bonds shall be payable from the principal and interest fund of the Water, Sewer and Storm Sewer Improvement Project No. 127, but the City, further recognizing its duty under the law as provided by Section 429.091, and covenants and agrees with the , purchaser and all holders from time�to time of said temporary impravement bonds, at or prior to the maturity thereof, that it will pay and retire such bonds and the interest thereon out of the proceeds af definitive improvement bonds which the Council shall issue and sell at� or prior to the maturity of the temporary improvement bonds to the extent that the same cannot be paid out of funds available from the principal and interest fund of Water, Sewer and Storm Sewer Improvement Project No. 127, or out of other Municipa1 funds which are properly available and are appropriated by the Council for such purpose. SECTION 7. It is hereby determined to levy special assessments against benefited property by reason of the making of Water, Sewer and Storm Sewer Improvement Project No. 127 and to levy ad valorem taxes if necessary to-produce sums at least five percent in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls at such time when said improvement projects have been completed, or when the total cost thereof has been deiermined. SECTION 8. Said �temporary improvement bonds in the amount of $.450,000.00 shall be denominated $10,000.00 and shall be 45 in numb�r and numbered from 1 to 45 inclusive, each in the denomination of $10,000.00 and sha11 bear interest at the rate of 7 p�.rcent per � annum payable semiannually on the 15th day of March and September of each year, and shall mature on September 15,1982, antl shall be subject to redemption and prepayment on any� - interest payment date at par and accrued interest. Not less than thirty days before the date specified for redemption of said bonds, the City Treasurer shall ma.il notice of the call thereof to the holder, if known. Said Treasurer shall maintain a record of the names and addresses of the holders of said bonds insofar as such information is made available to him by the holders thereof for the purpose of mailing said notices. The principal and all interest on said bonds shall be payable at Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432. SECTION 9. Said temporary improvement bonds shall be duplicated and when so duplicated shall have attached thereto an interest coupon which bond coupon shall be substantially i►� the following form: 11 C Page 3-- RESOLUTION N0. - 1979 -- No. $350.00 (Un ess the bond described below is called for earlier redemption m the 15th day of March, 1981, the City of Fridley of Anoka County. linne�ta, will pay to bearer at Fridley , Minnesota the sum of $350.00 lawful money of the United States of Ameraca for interes' hen due on its Water, Sewer and Storm Sewer Improvement Project f0.127. ated: 9/15/79 MAY OR SECTION 10. Said bonds and attached coupons shall be prepared under the direction of the City_ �lerk and shall be executed on behalf of the City by the signatures of the Mayor and City Clerk, and the corporate seal of the City shall be affixed thereto and the appurtenant interest coupon shall be duplicated and authenticated by the printed, engraved, lithographed or facsimile signatures of said Mayor and City Clerk. When said bonds have been executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price heretofore agreed upon and accrued interest to date of delivery, and said purchaser shall not be obliged to see to the application thereof. ; ' n• SECTION �l. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such other information as she/he . shall require and tu obtain from said Caunl;y Auditor a certificate that said bonds have been entered on this bond register. , SECTIUN 12. The bonds issued hereunder shall be payable from Water, Sewer and Storm Se��er Improvement Project No. 127 which is hereby created. The T�~easurer shall cause all monies received from the proceeds of sa�id bonds, all monies appropriated and transferred from other funds and all special assessmei�ts for the improvement, provided that if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall pay such principal or interest from the general fund of the City and such fund sha11 be reimbursed for such advances out of monies to be creditetl to said fund when said monies are collected. Al1 proceeds for said bonds except accrued interest shall be credited to the fund and used to pay the cost of said improvements. 11 ll Page 4 -- RESOLUTION N0. -'1979 SECTION 13. It is further provided that should it appear at any time that the monies credited to said fund and provided for the payment of principal or interest on the bonds when the sums become due are not sufficient to pay the same, that then the City shall issue . further definitive improvement bonds as authorized and provided in accordance with Minnesota Statutes, Section 429.091, Chaper 475, and that the process of said further definitive bonds shall be first used to pay the principal.and interest as is then due and to redeem the temporary bonds issued thereunder. SECTION 14. The City Council has determined that not less than twenty percent of the total cost of said improvement will be paid by special assessments to be levied against every lot, piece or parcel of land benefited by the said improvement. The City hereby covenants and agrees that it will do and perf orm, as soon as they can be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessments by at any time held invalid with � respect to any lot, �iece or parcel of land, due to any error, defect or irregularity, or in any action or proceeding taken or to be taken by the Council or any of the City Officers or employees, either in the making of such assessment or in the performance of any condition precedent thereta, the City and this Council will forthwith do all such further proceedings as may be required by law to make such assessments valid and binding liens against such property, and also shall take such f urther proceedings as may be required by law to provide monies for the payment of principal and interest.as the same fall due � on the bonds issued hereunder and to provide for t�-he redemption of the same. � �� SECTION 15. It is nereby determined that the collection of special assessments and the proceeds of monies appropriated and transferred from other funds is and will be in an amount of at least five percent in excess of the amount requir.ed to pay the principal of and the interest on saitl bonds when due and that no ad valorem tax levy is accordingly required. SECTION 16. The officers of the City and the County Auditor of Anoka Conty are hereby authorized and directed to pt°epare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial affairs of said City, and such other affidavits, certificates and information as may be required, to shota the fact relating to the legality and marketability of said bonds as the same appear from he books and records under their custody and control or as otherwise known to tham, and such certificates, certified copies, and affitlavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. Page 5 -- RESOLUTION N0. - �979 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS DAY OF . ATTEST: CITY CLERK - MARVIN C. BRUNSEL! WILLIAM J. NEE, MAYOR 0 0 . �. 11 � RESOLUTION N0. A RESOLUTION DIRECTING TNE SALE AND PURCNASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 WATER, SEWER AND STORP� SEWER IMPROVEMENT PROJECT N0. 127 BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: That WHEREAS it has heretofore been determined by this Council to issue temporary improvement bonds in order to provide the necessary funds for the construction and payment of expenses relative to the Water, Sewer and Storm Sewer Improvement Project No. 127. WHEREAS it has been determined that there is at the present time an amount in excess of ��50,00O.00in the following fund, to-wit: Investment Fund, which sum will not be required for other purposes prior to September 15, 1982. IT IS THEREFORE DETERMINEQ to be in the interest of the City of Fridley that the sum of $�50,OQO.OQof the Investment Fund be invested as authorized by law and in accordance there�vith, it is hereby determined to purchase the sum of �450,00O.00of the aforementioned �ater, Sewer and Storrn Sewer Improvei�ent Project No. 127 issued under date of September 15, 1979, upon their initial issuance in accordance with the provisions o� D1innesata Statutes, Sections 429.091, 471.56 and 475.66, out of funds of the Investment Fund and on behalf of said fund at par and accrued interest as of the date of delivery.of said bonds and completion of such sale, it being further determined to b'e reasonable and advantageous to the Investment Fund to inves� in said temporary improvement bonds and to be reasonable and advantageous to the City to sell said temporary improvement bond� in accordance with provisions of this resolution. SECTION 1. The City Clerk and Treasurer are hereby"authorized and directed to take any and all steps necessary to effect the provisions of the aforegoing resolutions and to make such transfer of funds as may be necessary from time to time to give effect to the provisions hereof. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESQTA THIS DAY OF . WILLI�M J. fVEE - MAYOR ATTEST: CITY CLERK - Ml�RVIN C. t3RUNSELL l2 T0: � CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL DATE: SEPTEMBER 27, 1979 SUBJECT: OSI COPYRIGHT RESOLUTION (LOGIS) 0 13 The attached resoiution states that the City of Fridley will safeguard copyright secrets of OSI Corp., the company which has been confiracted _ with to convert the LOGlS programs to the Hewlitt Packard 3000 computer. (For more background information on LOGIS, see report dated May 1979 entitled "City of Fridley Data Processing Alternatives." The responsibility for safeguarding OSI secrets has been shifted from the centrat LOGIS organization to include all users. OSI retains title to all programs. The LOGfS organizatian has the licenses, or right to use them, in the State of Minnesota. This matter is coming up at this time because of the fact that LOGIS is about to complete the financing for, and in the near future take delivery of, the new computer, In actual practice, the users have very little information that could be considered copyrighted information, with the exception of the listir.g af data elements9 and other similar information contained in the users' manual. . e . �. 0 � RESOLUTION N0. RESOLUTION RELATING TO SAFEGUARDING OF OSI'S COPYRIGHTS (LOGIS) � 13 A WHEREAS, the City of Fridley , Minnesota, is a member of Local Government Information Systems LOGIS , a joint powers organization of local Minnesota government units formed pursuant to Minnesota , Statutes, Section 471.59; WHEREAS, LOGIS has entered into an agreemeni with Optimum Systems Incorporated (OSI), a California corporation, effective as of August 23, 1978, and entitled "Local Government Management Information System Agreement, Contract No. 2027" (hereinafter referred to as the "contract"), whereunder LOGIS contracted to purchase from OSI certain items of computer hardware and software which, if accepted by LOGIS under the contract, will be employed by LOGIS for the benefit of its members, including the City of Fridley , in providing economical data processing services to the members of LOGIS. WHEREAS, under the terms of the contract, particularly Section 4.01(a) thereof, each member of LOGIS is required to exer_ute a written statement, to be e�-fective upon accept:ance of the pro{�erty under the contract, which runs in favor of 5oth LOGIS AND OSI and which embodies the t2rms and conditions of Paragraphs 4.01(c) thru 4.G1(h) of the contract. NOW, THEREFORE, BE IT RESOLb'ED BY THE CITY OF F�IULEY , MINNESQTA, AS FOLLOWS: ', 1. (4.01(c)) The City acknowledges and agrees throughout the duration of the contract that, as between OSI and LOGIS, title and full ownership rights to the GEMUNIS/3000 System and all componen�s thereof delivered to it remain with OSI. The City further acknowledges and agrees that the GEMUNIS/3000 System and all components thereof, inclusive of the ideas and expressions therein contained, are valuable tra�e secrets and proprietary information of OSI, whether or not any portion thereof is or may be validly copyrighied o�� patented. The City covenants that it will not rraake use of thp GEMUNIS/3000 System, di��ectly or indirectly, for the benefit of any party which is not a member of LOGIS, or which has not executed a written statement satisfactory to OSI untler the contract embodying the substance of the covenants hereof as required by Section 4.01(a) of the contract. 2. (4.01(d)) The GEMUNIS/3000 System and all information related thereto, in whatever form iniparted to LOGIS or the City by OSI in connection with OSI's performance under tfie contract, will be deemed confidential and proprietary to OSI, will be held in trust and confidence by the City, and will be safeguarded by the C�ity to the same extent that the City safeguartls its proprietary mai:eriai, which in no event �vill be less than that which a reasonably prudent yovernmental unit would exercise under similar circumstances. To those ends, the City agrees to take reasonable ste�s necessary to ensure that the GEP1UNIS/3000 System and all information related thereto are not made available by the City or by any 13 � Page 2-- RESOLUTION N0. - 1979 of its agents, servants, and employees to any other person, firm, or entity, except as permitted by the contract. The City further agrees to take reasonable steps necessary to ensure that all those above-named individuals having access to the GEMUNIS/3000 System will observe and perform the obligations hereby undert.aken by the City. 3. (4.01(e)) LOGIS may modify any computer program comprising the GEMUNIS/3000 System. All such modifications will be deemed an amendment to the license granted by the contract and subject to all of the terms and conditions of said license, and, only for the purposes of such license, those modifications will be deemed a part of the GEMUNIS/3000 System as defined in the contract. � 4. (4.01(f)) The City will reporduce and include OSI's copyright notice wherever it appears on copies, in whole or in part, in any form, including partial copies and modifications, of the computer programs and other materials comprising the GEMUNIS/3000 System, inclusive of, but not limited to, documents and the manuals delivered under the contract. 5. �(4.01(g)) To the extent that the City modifies any document or manual delivered to it relating to the GEMUNIS/3U00 System pursuant to the contract, or incorporates any informaiion f rom a document or manual delivered to it pursuant to the aforementioned license into a publication originating with the City for disseminat:ion by the City,-then, and in such event, the City will first compl,y with the provisions of Paragraph 4.01(f) of the contract, as embodied in Faragraph 4 of this Resolution, � and the City will disseminate such document only to its agents, servants, or employees. Y . n• 6. (4.01(h)) The City will indemt�ify and hold OSI harmless aqainst any losses, damages, cost, expenses, claims, or actions resulting from or arising out ofi any use not authorized by the license granted in the contract of the computer programs and/or materials comprising the GEMUNIS/3000 System by the City, by �ny agent, servant, or employee of the City, or by any other person who obtains access through the City to the computer programs and materials licensed to the City. 7. The �ity makes the foregoing covenants, which run to the benefit of LOGIS and to OSI, in fulfillment of the City's obl.igation under the contraci, and ef-f�ctive as of the date provided therein. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ' 1979 WILLIAM . NEE - MAYOR ATTES�F: ITY CLERK - MARVIN C. C3RUNSELL , �,;�_ . �� l_1 _.I � IO�AI GOYF/IMMi Ni INf(NI�r�11JN SY51l.MS AS50CIn 1 W N �:,r.; �E� ;t�inqte Croek Parkway, Cirookfyn Center, Minnesota 55430, (612) 56G-0050 .,,��t,t�,� :�if 1`)i�} �i7,`<.1:�.�.�i��ii�j r i c1; i3OCIS 130D i•fEP173�RS 1'ilt+�f: 'f. l,. Idillard `�(1i1.t1:C"C: IlP CompuLer System I�inancin�; I)ocumentation � 0 IS.ic'! +�t c�uttd 1.(`�;.IS i.:s pl.anni�lg t� buy tt�e 1iP-3000 c��mputc�r system, rcqui.r.ed ancil].ary c�lt�!��r�c�i�t, anci I.i.cc�nse tlie nc�cessary sott�v�ire �•.�t1C11 the COI1L"Yc'�Ci:j.Tl�' firm, (?,>t i-ia��m S}':.tefr.s, T�lcorpoz'�:teci, of Sauta Cl<i�-a, Cc�l.i.fortii.a, has demon- ��Cr;��rci confori>>ance Lo Ltie contrac.t: zequa.i:cnx:nts (tiie 1'�:ojecr} . Tl3e fit�;t��:.ii�f; �,l_an i.nvo.lves creatic�n of <.i ��r:iv�ii:c, �ioit-l�rofit corporation (;li;�nr:>oCa i•iunici.pal I.easi_n�; Corpor�lt�.on - rt�1LC), .i.ssuznce nf indt�strial i?�,�•��1c�j>>„cnC Reve��i�c. I3onds by tt�e Gity oL 13r.00lcl.yi� Ccntcr, �aith �ond� ��i•�.>c:��c�d:; fl.owir:f; Lo i;�iLC, pa}rmeizL of tl:e "1'roject.,' cc�sts by Ti2•1I,C, a�td I��:��;in}; «C t.tic "1'rojcct" to ),OGIS for five� ycai-s, af�cr wlii.ch T,OGIS r�u�y ?:�.«� ti,�� r�lul.�,inc�nt, Hvwc��.�er, t•tt�1LC: m�.:si: refiurt� tl�e Prc�cecds of sueh a �:�,t�l�:i•;c� tc, I.OG7;; n;ri��hcr:,. '1'li� cl�aj.�l �f cloci�i��t�L�iC.:ion for. iil(' YD1L�s fr�Zytjl-c'1: (:t`1"L'.:ljli CU11CL':?Ct �iSS1.�;1117tCi1t:S l:0 i1L' :lCCOIi1��7,li�IC(�� FiS �J(:1� i35 A r,��;��1 u;. f u�t Co he adoj�t:e:cl by c acl� L(3�:IS n;crmber a�;ree•3_ti�; to <zbi.cie t�y t'';I `�; r��cluLr��n�:ei��s i c�z tl�e prot:cc.tion uf. it.s t.r'adc sec�-ets. In essence, tl:�� r��;��Iuf ion i>rumi.ses tI1at: tl�c Ci.r.y �ail.l_ not rel.case any. OSI pro�;r.�r..s ��r �lc��:ti;:�cnta�j<?i1 t:o �rnyone i�ot ,a i�:rn;hcr c�f J.OGI:S. . ��rt i��n Rc�c�uest'ed 1'Ic.�;;�� rc�;c�nL ti�c aCtac?icci resc�It:tion to your Fovcrnl�nF; body far auti�ori- •r.:alion aC Clir ��,r.l:{est }�r:�ctical� cl;�t��, and t�i�l.ui:�n i:t.�o cerLif.iecl co-l�ies of 11�� r:;olution Lu LOGTS. �+'�` �t'� lio��ii��; fc�r tlic 1>oiid s.i.lc to 1��. �icco;n��].ishccl hy OcCoi�er 1, so would �;I'�':�tl}� ttE>��recinCC yoiir ex��ccii.finf; .t:i�c �nr.itter. �..�...! � i,;'/ "I'l �J:l�" � c'c�: 1):�ve ;:��n�tc��i�� . u l3 C i � ; ; ., � � 1 1 l i �i I � . ,� , . ... . „�,m�, ..,r,,� . ;,, , , • , , ..�� .�,, ,�� , .. MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL FROM: MAR'JIN C. BRUNSELl. DATE: SEP7EMBER 27, 1979 SUBJECT: TRX LEVY The attached resolution is for the purpose of certifying to the County Auditor the amount of taxes he should collect for the year ,� 1980. Total taxes to be collected are $2,512,176, which is $263,423 under the levy limit compared to $2.�i$,537 �n 197$/79. The difference between the authorized levy and the actual levy would have been much less for the yea►- 1979/80 except for the fact that we were able to qualify-more spec-ial levies for the year lg7g/80 than for 197$/79• � . A. 0 14 � RESOLUTtON N0. -1979 RESOLUTION CERTIFYING TAX LEVY REQUIREMENTS FOR 1980 TO TNE COUNTY OF ANOKA FOR COLLECTION BE IT RESOLVED that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following tax levy to be levied in 1979 for the year 1980. GENERAL FUND Levy Subject to Limitation OUTSIDE LEVY LIMITS Item "A" - Judgments and Liability Insurance Item "8" - Lawful Order Issued before 1/i/77 Item "C" - Matching Funds Programs Item "E" - Bonded Indebtedness (less Debt Service Fund below) Item "J" - Decreased Mobite Nome Tax Item "N" ° Decreased industrial and Commercial Deve 1 oprnen t item "0" - Tax Abatements - Item "P" - Unfunded Accrued Liability of Public Pension Funds Schedule 6- Shade Tree Disease Control $2,025,116 $ 4b,2oo -0- 134,099 7,500 7,637 142,714 4,299 13,811 47,000 Sutrtotal�. $ 403,260 . i"OTAL GE1�ER/1L FUND $2,428,376 Debt Service - Ci��ic Center (QUTSIDE LEVY�L1P11TS). 38,304 45 0�� "Capital lmpr�vement � ° � 707AL , $2,512,176 BE IT FURTH£R RESOLVED that the amount herein certified with respect to the Public Employee Retirement Flssociation is in the amount required by the law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1979• ATTEST: WILLfAM J. NEE, P1AYOR MARVlN C. BRUNSELL, ClTY CLEfiK 14 A ■ Y GENERAL FUND OTHER FUNDS Debt Service - Civic Center Capital Improvement Fund TOTAL OTNER FUNDS TOTAL ALL FUNDS CITY OF FRIDLEY DETAILED COMPARATIVE MILL LEVY 1�E i� 1979 t980 - GROSS NET MILL GROSS NET MILL AMOUNT AMQUNT LEVY AMOUNT AMOUNT ':LEVY $2,264,856 $2,219,558 14.523 $2,428,376 $2,379,808 15.41 S 39,9ao S 39,102 .256 $ 38,800 $ 38,024 .25 43,368 42,500 � .278 �+5,000 4b,loo .28 $ 83,268 $ 81,602 .534 $ 83,800 $ 82,124 .53 $2,348,124 $2,3ot,t6o t,.o57;'� $�_,512,176 $2,461,932 15.94 Estimated Taxable Ua1ue $157,6Q2,000 on.January 1, 1979. This estimated taxable valuation is based on the latest information available. The assessed value is estimated at $166,102,000, It is estimated that this wilt be reduced beca�+se of the Fisc�l Disparities Law an Cammercial and Industriai Properties by $8,500,000 for a net taxable valuation of $157,602,000. • n. Estimated Mill Value: $157,�Q2 x �8i = $15�+,1�5�. =�Based on 1�78/79 net value of $155,954,819� 0 NOTE: This sheet ties in with the notice dated July 24�'1979 9/27/79 . FOR CONCURRENC� BY TNE CITY COtJNCIL - APPOI��JT��E��TS NAME � Tim Turnbu)1 9210 Highway 10 Anoka, MN 55303 POSITION SALARY EFFECTIVE DATE REPLACES Neighborhood Ser- $13,500 October 1, New Position vices Coordinator per 1979 Police Dept. Year Wendy D. Jarvi Office 6160 Benjamin St.N.E. Assistant Fridley, Mf� 55432 Police Dept. $7?2 Septemb�r 17, per 1979 Month m 9 � �. l5 Temporarily Replaces Technician Position (Lori Anderson) 0 0 g—ay—�y � �l� �- � � � .. a � �. � a., :�.o,�v.A. �.1w fi � Sf . �� . ..4 �� -�,�. � -� ,� � ',,�,� ,�.��"�,-- � � m � �� m.�,�.�� . � ��"�' `�'� : . � � � �� , � �� po�� ` . G�.c�►e�.�.�.d . . . , �� }��.�--�.�....� e� C� V , . �, l6 � FOR CONCURRENCE BY THE CITY COUNCIL - C LAI��S i�LAIf�1S ��o , 264F22 - ;do . 270935 0 ; . x, 17 a � FOR CONCURRENCE BY THE CITY COUNCIL — ESTI��ATES Comstc►ck & �avis, Inc. 1446 (;ounty Road J Minne<<polis, MN 55432 f'or services rendered - inspection and staking fo.r c:onstruction of sanitary sewer, storm sewer and water 'n Block 9, Great Northern Industrial Center - i:hrough 9/8/79 ISLA�IDS OF PEACE PROJECT City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 water and sewer servzce NorthvJestern Bel l Tel epk5one Co . 200 S. 5th Street Mpls, MN telephone service Northern States Po�rer Ca. P.O. Box 9477 Mpls, MN 55484 electric service Barzen of Minneapolis Inc. P.O. Box 1123 Mpls, MN 55440 weed killer Northrup King Co. 1500 Jackson St. N.E. Mpls, hiN grass seed $ 20.57 24_06 ; 23.55 13.00 147.00 $ 228.]8 $ 3,684.12 � 1�