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10/15/1979 - 5646� :.. . � . �� - �RIDLEY CITY CUUi�C 1 L . � PUBLIC HEARIiJG i1�ETIi�u - OCTOBER 15, 1979 - 7:30 P, i�1, � MEMO T0: DEPARTMENT HEADS ' . FOLLOWI NG ARE THE "ACTIO"JS NEEDED�� . PLEASE HAVE YOUR ANSNIERS � BACK I N THE CI TY MANAGER � S OFF I CE BY THE ►"IEDNESD�IY BEFORE THE � THANK YOU � �DCfobe+r �2�, /979) i .�- NEXT REGU LAR COUIVC I L MEET I NG , APPl�OVAL OF f�I�lUTES: � . . � �� EGULAR �1EETING, $EPTE��IBCR 2�, 1979 � . iTABLED �CTOBER 1, 1979) _-,- � � Adopted � � /�OPT I O;J OF 1�GE��DA : Adopted PUBLIC �IEARI�yGS: � 0 , PUBLIC NEARING ON REZONING REQUEST, ZO� #%9-�6, TO �EZONE FROM C-ZS TO M-1 FOR CONSTRUCTION OF ;�EW INDUSTRIAL BUILDING, BY .JAMES E� LONDON AND � i�IICHAEL D� GANNUCCI, %�oZ-�� BLE STREET� . . . . . � � � 1 - 1 B Opened at 7:30 P.M. Closed at 7:44 P.M. PUBLIC WORKS NO ACTION NEEDED (See Adoption of Ordinance on First Reading - Item #6 � PUBLIC HEARI�GS (CoNTtNU�D) � � � PUBLIC HEARING ON VACATION REQUEST, SAV #79-04 aY. ALLAN �'�� .JOHNSON OF �IM ��1LLER REAL ESTATE � (7751 EasT 4 i �'ER Roan ) , , , , , , , , , , , , , , • . . . 2 - 2 D Hearing opened at 7:45 P. M. Closed at 7:50 P.M. ` PUBLIC WORKS ACTION NEEDED: Put ordinance on next agenda for Council consideration . PUBLIC HEARING �INFORMAL) FOR REVIEWING SPECIAL USE PERMIT SP �'79-04 FOR COUNCIL TO RE—EXAMINE , ��EW PROPOSED iiOUSE PLANS 3Y .JOSEPH 'PERROZZI - . �lul �IVERVIEW TERRACE � � � � � � � � � � � � � . . � � . 3 - 3 D Hearing openQd at 7:50 P.M. Closed at �:05 P.M. P IC WORKS NO ACTION NEEDEO PUBLIC NEARING ON COMPREHENSIVE DEVELOPMENT � PLAN � � � � � � . � . � � � � � . � � � . � . . � -. � . . . 4 Hearing opened at 8:08'P.M. Closed at 8:28 P.M. PUBLIC WORKS ACTION NEEDED: To be discussed at next Conference Meeting �,f . � . � . �` � . PUBLIC HEARING, �CTOBER 15, 197 OLD BUS I�iESS : � � �" •� CONSIDERATION OF A REQUEST FOR BUILDING A STE�L . � BUILDING GARAGE FOR AN EXISTING HOUSE AT . �%48 ELM STREET IN A i�ON-�ONFORMING INDUSTRIAL � AREA �TABLED 10/1/79) � � � �. . � � . � � . � � � � � � � � ' � B Approved with stipulations that the garage be removed upon the sale of the property, o� 10 years from this date, whichever i5 first, and that the property not be sold for residential . r • habitation with the ara e on the prope ty. . 9 9 �UBLIC WORKS ACTION NEEDED: Prepare agreement regarding stipulations for signature by j . petitioner and have executed ��EW BUS I �JESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE TO REZONE FROM �-Z$ TO i�1-1 �(ZOA �`-�9-�b)� FOR CONSTRUCTION OF :��EW INDUSTRIAL BUILDING BY JAMES E� LoN�or� AND �'�I CHAEL D� GANNUCC I, �5$Z-S4 • ABLE STREET. � , , . . � . , . . �� . . . . � . . . .. Adopted on First Reading PUBLIC WORKS ACTIOPJ NEEDED: �ut on next regular agenda for second reading �INANCE r � � �LAIMS � � . � � � . . . � . � .. . � � � � . . . � � � . Approved ACTION NEEDED: Pay claims AD,fOURN: 9:20 P.M. � 7 o� `? �� ;? THE ��1INUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 24, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:32 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, Counci7man Fitzpatrick, Councilwoman Moses, Councilman 5chneider and Councilman Barnette MEMQERS AGSENT: None APPROUNL OF P1INUTES: REGULAR P�(EETTNG, SEPTEP98FR 10, 1979: MOTION by Councilman Fitzpatrick to approve the minutes of September ]0, 1979 as presented. Seconded by Councilvdoman Moses.. Upon a voice vote, all voting aye, Mayor Nee declared the motiDn �arried unanimously. ADOPTION OF AGENDA: Councilman Schneider requested an item be added.undar the first item of "New 6usiness" as follows: "Discussion of Prob7ems With Restoration of Landscapiny Due to Cat�1e 7elevision Installation".. MOTION by Councilman Barneti;e to adopt the agenda ,vith the above addi- tion. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried U;nanimDUSly. OPEN FORUM, VISI70RS: � Mr. Duane Prairie, 489 Rice Creek Terrace, r�FDried Dn his trip to ' Fridley's Sister City, Fourmies, France. �' Nir. Prairie stated that he and his wife stayed �rith a�ouple they had hosted, when persons from �ourmies visiied i:n Fridl�y. He stated that everyone was very hospitable and they had a graat trip. Mr. Prairie stated it was memtioned that �ourmi�.s had a much larger de7egation visiting in Frid7ey than the number of p�rsons that went back to Fourmies from Fridley. He stated ihey visited the Medtronic plant and were escorted around town, and had .� rEt�ept-ion in their City Hall. !, Mayor Nee thanked Mr. Prairie for talking tD th� 'CDUn�il about the trip and indicated he felt this was a very good �ragr�m. PUBLIC HEARINGS: PUBLIC HEARING ON ASSESShtENT ROLL FOR WA7ER AKD SEWER MAINS LATERALS AND SERVICE CONNECTIONS: MOTION by Councilman Fitzpatrick to waive r�ading 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 unanimously and the public hearing opened at 7:�4D �.m. Mr. Brunsell, City Clerk, stated ail of the l� prDp�rties involved have been notified of the proposed assessment. He �xpla�ned the assessment is for properties that haven't paid a lateral as��ssment. �� REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 2 Councilman Schneider questioned how properties in New Brighton, which are connected to the Fridley facilities, pay for the water. Mr. Brunsell stated they are billed by Fr�idley for the service. Ms. Vagovich questioned the assessment for Lot 30, Block 8, Hamilton's A�iition to Mechanicsville. She stated at the time sewer and water was put in 20 years ago, she was told there were too hook-ups and paid for both of them. Mrs. Vagovich stated the road was vacated and her son is building two homes on the property and had to go across the street in j order to get sewer and water and yet she was told there were two hook-ups. � Mr. Brunsell, City Clerk, stated the assessment would be on the half of street that is vacated. He explained that, originally, there was a charge on the property for two services and a charge for front footage and what is being assessed now is for the additional front footage charge for the vacated street. Mr. Brunsell stated he understands there will be two building sites on the three lots plus the vacated street. He stated, if they had to go across the street to connect to facilities that weren't available, they would get credit for the additional expense. Mr. Qureshi, City Manager, stated Mrs. Vagovich is being assessed for the additional 30 feet, because of the vacated roadway, it is now a buildable si te. Councilman Schneider felt the question is whether or not Mrs. Vagovich has two stubs which she stated she paid for 20 years ago. Mr. Rrunsell stated she should have two stubs and if she had extra expenses because the two were not there, he requested that Mrs. Vagovich bring in a receipt from the plumber who did the work and she would be given credit. 4' No other persons in the audience spoke regarding this assessment. �-- 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 public hearing closed at 7:55 p.m. PUBLIC HEARING ON ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES (1979): MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:55 p.m. Mr. Brunsell, City Clerk, stated three properties are involved in this �ssessroent for treatment and removal of trees. He explained these property �wners had an opportunity to pay the charge to the City, prior to it be- ing certified to the County for payment. Councilman Schneider stated in the final assessment roll, the westerly 14.2 feet of Lot 1, Block l, Van Cleaves Addition shows three names listed which are Erickson, Van Cleave and Majeski. He stated it is his understanding that Mr. Erickson and Mr. Majeski don't own the westerly 14.2 feet and wanted to mal:e sure when this assessment is attached, it wouldn't go to the Erickson or Majeski property. Mr. Brunsell stated the City's records do not show that this westerly 14.2 feet has been spi�t off, however, the County does show it as being split. He explained a lot split has been initiated so that both City and Lounty records will coincide. Mr. Herrick, City A�torney, felt the assessment could be sent to the County as their records indicate a lot split. �� REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 3 No persons in the audience spoke regarding this assessment. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the public hearing closed at 8:00 p.rn. OLD BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDIN6 TI�E CABLE � TELEVISION ORDINANCE TABLED 9/10/79, 9/17/79 : Mr. Eddy, representing the Cable Television Company, stated they have , reviewed the proposed amendments and are agreeable to them, however, he requested that under Section 405.06, Audit, that the financial state- ment be prepared by the Treasurer of the Company, rather than a Certified Public Accountant. Mr.'Eddy also requested that the Council considered two amendments proposed by Northern Cablevision, Inc. These proposed amendments would be under Section 405.222 and Section 405.211 regarding copyright fees and installation costs. He felt the company should be able to collect the copyright fee from its subscribers and, currently, the installation fee is $7.50 and at this rate, they cannot recover their time and costs. He stated they would like to charge a fair and reasonable fee in order to cover their costs. Mr. Eddy requested the Council consider their two proposed amendments and stated he would be happy to discuss the amendments further with them. Councilman Fitzpatrick stated the Council had requested that the matter of copyright fees be discussed with the Cable Television Corranission. Mr. Eddy stated they intend to discuss this with the Commission also. '� Mayor Nee stated he recalled that some members of the Cable Television �� Commission thought the proposal regarding copyright fees was reasonable and other members dici not. He stated the question of the installation '' fees has never been proposed to the Commission. j i Mr. Eddy stated they will bring up these proposed amendments with the i Cable Television Commission in hopes to provide some feedback from them. He felt the amendments were just and hoped the Council would consider � them. A1r. Ed Kaspszak, Chairman of the Cable Television Commission, stated he had a question on the Treasurer of the Company presenting the financial report as opposed to a Certified Public Accountant. He felt the CPA report is always a certified report and asked if the Treasurer's report would be certified. Mr. Herrick, City Attorney, stated the report could be certified, how- ever, it wouldn't be independent and felt this was a matter of policy. He felt often times company financial reports aren't certified or in- dependent and presumed the City could require the Treasurer to submit a statement, under oath, that to the best of his knowledge, the report is true and correct. He felt it got down to a matter of trust and if the City has confidence in the party they are doing business with. He pointed out a lot of times a CPA's statement is so qualified, because they state they are relying on information given them by the company, and when you get that kind of a qualified certification, he didn't know if it would be as meaningful as getting it from an officer of the company. Mr. Herrick stated he didn't see any problem from a legal point, but felt it was a policy of the Council Mayor Nee felt the City would have a choice to request a report from a CPA, if they questioned the report. 2.65 RE6ULAR MEETING OF SEPTEMaER 24, 1979 ` PAGE 4 Mr. Eddy stated they would be more than willing to take the necessary steps to make sure the report is verified. Mr. Kaspszak stated the Commission did discuss the copyright fee, how- ever, they didn't feel compelled to address the question until such time as the franchise was renewed and it was determined how many sub- scribers there were. He feit there was no firm feeling one way or another regarding the copyright fee. Mr. Kaspszak stated he felt the installation rates could be dealt with at the time of renewal. �� MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the amendment under Section 405.06, Audit, to insert the words "or Corporate Treasurer" on line 3. Second- ed by Councilwoman Moses. Mr. Qureshi, City Manager, questioned if the Council wished to use their definition of "gross revenue" or substitute the Minneapolis wording. It was agreed to teave the definition of "gross revenue" as originaliy submitted and not use the Minneapolis definition. UPON A VOICE VOTE TAKEN ON TNE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 700 AMENDIN6 CHAPTER 11, SECTION 11.10 OF FRIDLEY CITY CODE RELATING TO FEES MULTIPLE DW�LLINGS : MOTION by Councilman Schneider to waive the second reading of Ordinance No. 700 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. � , NEW BUSINESS: f DISCUSSION OF PROBLEMS WITH RESTORATION Of LANDSCAPING DUE TO CABLE TELEVISION INSTALLATION: Councilman Schneider stated the cable television company is installing underground cables in the Innsbruck area and apparently the sub-contractor is doing iess than an adequate job of restoration as peopie have pretty significant landscaping problems, and several cracked driveways. Mr. Eddy, representing the cable television company, stated, after his discussions with Councilman Schneider, the point w.as brought up that probabTy the people weren't weil informed and, therefore, when they cannot personally contact the property owner, they are given a letter�' that spells out the responsibility of the cable company, the contractor and the home owner. Mr. Eddy stated he rea7izes there are qu9te a few disgruntled people and felt they had been wronged. He stated the cracked driveways will have to be taken care of and that is why the contractor has insurance. Ne stated he asked the contractor to walk ihe easement and take care of things that have to be restored biat the driveways will probably take a little longer. He stated they have assured the property owners that the contractor will take care of these problems this week. {. Mr. Eddy stated what the contractor is doing in the area is normal � construction work. Councilman Schneider felt it is not normal to have large holes in the sod, cracked driveways, knocked out street lights and phone cables cut. Mr. Eddy stated that the phone company will not locate service drops as they prefer to come back to the site and repair it, if it gets cut. ?� � REGULAR MEETING Of SEPTEMBER 24, 1979 PAGE 5 Mr. Eddy felt it was regretful that these things happened but assured . the Council the prob1ems would be taken care of. Councilman Schneider asked, in the event that the problem stiil exists next week, if the City had any power to enforce restoration or suspend future construction work until restoration is completed. Mr. Herrick, City Attorney, stated he would have to check on the provisions of the cable ordinance. Mr. Qureshi, City Manager, stated the permit was issued with these siipul- ations and would assume, if the company accepted the permit, it would be binding and valid. Mr. Jim Da�iels, Storer Regional Manager, stated there are going to be instances where, regardless of what is being done, the people won't be satisfied. He stated, if there is something that can't be settled, then it will have to go to the insurance company. He explained the size of the cable they are installing cannot be put in without dis- turbing things and when you go,through someone's yard, they are going to be upset. Mr. Danie7s stated he felt if they followed the instructions and watered, they would hardly know they installed the cable. Councilman Schneider stated he felt the holes shouldn't be in the sod and in other instances, there is no sod. He stated he wanted to make his position clear to them and that they cannot raise havoc with people's yards, without bearing the responsibility. Mr. Eddy suggested he and Councilman Schneider walk the easement so that specific problems can be pointed out and taken care of in order to clear up the problems. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1980: ! � i � MOTION by Councilman Barnette to waive the reading and approve the ordi- '' nance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF STATUS OF ASHTON AVENUE: Mr. Jim Langenfetd, 79 63'2 Way, stated over 95% of the people present this evening have expressed concern and their overwhelming disfavor with the condition of Ashton Avenue. Mr. Langfeld submitted a copy of a letter which was submitted by area residents to the real estate representative for Burlington Northern Railroad asking why the railroad did not let the City complete con- struction of Ashton Avenue. He stated the response received from Burlington Northern was that the benefits of the project to the rail- road were negligible, although they were willing to consider sale of the land to the City, based on fair market value. Mr. Langenfeld stated Ashton Avenue is definitely not in the best interests of the citizens as far as the health, welfare and general safety and asked that something be done to rectify this situation. Mr. Qureshi, City Manager, stated this project is still in the process and it is the City's intention to get authorization to condemn the property, if negotiatians with Burlington Northern are unsuccessful, and Council feels it is an appropriate action. He stated, if that action is taken, it is the intent to widen the road. RE6ULAR MEETING OF SEPTEMBER 24, 1979 Mr. Qureshi stated there would be an assessment public hearing on this project next year and at that time, the answers to questions on who is paying for the project and how much will be shared with the property owners. Mr. Langenfeld brought out the point that the road was in use for over 20 years and questioned adverse possession of right-of-way.. Mr. Herrick, City Attorney, explained there is a rule that says that if there is a street that has been operated and publicly maintained for six years, it becomes a public right-of-way. He stated he was not familiar enough with this road to give a specific opinion and would have to review old plats and some of the historical records to see what the situation has been. Mr. Doyle, 25 63rd Way, stated he has lived in this area 25 years and the City has maintained the road and didn't believe there is any question that it is a roadway. Mrs. Peter Hendricks, 20 632 Avenue, stated the City does grade the road. She voiced concern that the children are being left off the school bus on East River Road and asked if they couldn't be left off on Ashton Avenue. Mr. Qureshi, City Manager, stated the road was left as a tv�o-way street and the City received a number of calls that it was too narrow. How- ever, if it is the concensus of the neighborhood ihat they want a two- way street, eve7 though it is narrow, the one-a:ay signs could be taken down. Mrs. Susan Lowe, 39 632 Avenue, stated if she is paying for a road, she wants access both ways and didn't like pulling out on East River Road. Mr. Peter Hendricks, 20 63%2 Avenue, asked if they make Ashton a two- way street, if a speed trap or "bump" could be put in the road. Mr. Qureshi, City Manager, indicated that the code states that streets are to be traveled on and if they create a hazard and someone is hurt, the City is liable. He stated, however, speed limit signs could be installed. Mayor Nee questioned if there were people present in the audience who were opposed to making Ashton a two-way street. There was no response from the audience. Mayor Nee questioned who was in favor of Ashton as a two-way street and all persons present indicated they were in favor of this proposal. Mr. Qureshi, City Manager, stated if it is the desire of the majority of the people to make Ashton a two-way street, grade some of the dirt, and take down the one-way signs, this could be done. Councilman Barnette suggested that someone from the staff notify the School District that Ashton is going to be a two way street so they can notify the bus company. Ne felt this has been a concern also of the school administration, as they didn't like the idea of leaving children off on East River Road. OISCUSSION - IMPROVEMENT OF EAST RIVER ROAD: Mr. Jim Langenfeld, 79 63Z Way, appeared before the Council to obtain their support against the improvement of East River Road. He aTso re- quested a noise study for their area. 7�� REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 7 Mr. Ray Humann, 40 62'Z Way, stated, in the improvement, they were talk- ing about putting in dividers and felt this was not appropriate for what the County is implementing for East River Road. He felt the County is telling them they are going to make the road safe,.but they would not be making it safe for the residents in the area. Mr. Langfeld stated, if fast River Road is widened or the speed limit is increased, the noise ]evel would also increase and felt this problem should be addressed. He stated the MPCA conducted a noise study on November 1 and this study shows that the noise pollution does exceed State standards. A lady in the audience stated she knows this is a County road, but that the Council has the ability to stand up for the residents and if it is improved, it makes ii harder for them to live there. Councilman Barnette asked if anyone in the audience was in favor of widening East River Road. There was no response. MOTION by Councilman Barnette that the City Council of Fridley go on record as supporting the neighborhood wishes, as apparent at the Council Meeting of September 24, 1979, and oppose the widenin9 of East River Road by Anoka County from .approximately 61st Way N.E. to 64'Z Way N.E. and that a noise po7lution reading be taken by the Anoka County High- way Department on this stretch of roadway on East River Road and that Council support such a stu�y. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick st��ed he sees more people here this evening than were present at the December, 1978 meeting and trust that they do represent a majority Df the residents in the area. Mr. Qureshi, City Manager., stated the concern has been about safety ; of pedestrians and bicyclists on East River Road. He stated, with the shoulder areas, it would �till be four lanes> but areas would be pro- ' vided for turns to make it ��fer for the residents using East River Road. He stated this roadway �s one of the most dangerous in Fridley , and is patroled more than any other. He pointed out that additional ; stop lights have been added to control traffic, but they can only ' accomplish so much. I Mrs. Mary Martin, 133 5ionybrook Way.; felt the motion on the f1DOr should include East Riv�r �tDad from I-694 all the way to the north limits of Fridley. Councilman Barnette stated he felt comfortable with the motion in coverinq only this area �t this particular time. Councilwoman Moses staied �t�e can sympathize with the residents, but didn't think that not widen�ng East River Road would be a de- cision they would be happy with in the future. She felt they have to do what is best for all the residents of Fridley and the people who use the road and the idea of widening it is to be able to con- trol the traffic and prDVide turn lanes. She felt they had to look at the total picture end try to make it as safe as possible. Mr. Langenfeld stated he felt it would help if the Council lets the County know they really don't want the road improved. He stated he appreciated their position Dn the safety aspect, but it is a diffi- cult problem to solve. Councilman Schneider stated if he didn't have the concern for everyone's welfare, there is no d�ubi he wauld oppose the project, but he has a great concern about the �af�ty of human lives. 2�9 REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 8 Mr. Jim Wronski, 189 Riversedge Way N.E., felt everyone's concern is safety and the disagreement is how to achieve it. He stated he gets the impression that the Council thinks the only way to acheive safety is widening the road. He pointed out that a request may have been made to decrease the speed iimit, but didn't think they were pushing it. He stated he would like to see a lower speed limi� and more stop signs as he felt the less desirable you make the road, theless people will use it. Mayor Nee stated he has struggled with this for years, has tried to get the speed lowered by numerous City actions and resolutions, and has tried to �rork it out in every other way. He stated a heavy dispro- portionate amount of police time was given to patrol East River Road. He felt they had to look at the choices. He indicated he has favored and continues to favor putting it back to a two-lane road, but it is realistic to know that wouldn't happen so you have to look at what is the least undesirable of the situations. Mayor Nee felt ihe siivation was not going to get better and ihe City cannot saturate the road with patrolmen. He felt the last two deaths would not have occured had there been medians. UPON A ROLL CALL VOTE TAKEN ON THE MOTION, Counci7ma:n &arnette and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee, Council- man Schneider and Councilwoman Moses voted against the motion. Mayor Nee dec7ared the motion failed. MOTION by Councilman Barnette to encourage the Anoka County Highway Department to conduct a noise pollution reading on t he stretch of road- way on East River Road from 61st Way to 64'2 Way N.E. and that the City Council supports such a study. Seconded by Councilman Fitzpatrick. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF SEPTEMBER 12, 1979: IDERAIION OF A REQUEST FOR A SPECIAL USE PERMIT, SP LL04! INSTALLATIOfV OF SELF-SERVICE GAS PUMPS IN CONJ MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and deny SP #79-11 for the reasons stated, as follows: (1) Traffic safety due to increased traffic because of gas pump patronage; (2J Incompatibility with the neighborhood; (3) Safety problems with the gas trucks delivery of gas; and (4) Need for additional gas service in area was not proven. Seconded by Councilman Schneider. Mr. Stephen Hort, representing Jim Mil7er Construction, appeared before the Council regarding this request for a special use permit. He requested the item be tabled to the next meeting, as the representative from Tom Thumb was not present this evening, and he had facts and figures regarding their operation. He said the information the Tom Thumb representative would have for the Council would in�icate that the basic users of the gas pumps would also be the ones thatstopped to use the store facilities. Mr. Hort stated he is requesting the item be tabled so that Tom Thumb representatives can give the Council accurate facts before a decision is made. �� Mr. Herrick, City Attorney, felt this was a reasonable request by Mr, Hort. Councilman Fitzpatrick stated he felt they were able to assess what is compatible with the neighborhood, but had no objection to consider this item at a later time. Councilwoman Moeses felt, in her mind, the operation would generate addi- tional traffic. Mrs. Mary Martin, 133 Stonybrook Ntay, stated the Tom Thumb representative was notified of this meeting before the Council and apparently they saw fit not to notify anyone that they wouldn't be in attendance. She didn't L,r( l� REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 9 think the citizens should be put off when they haven't made the effort to contact anyone to let them know they wouldn't be at the meeting. She stated just because there weren't many people present to voice their objections, they shouldn't take this as meaning they were in favor. She stated it has dragged on and people were getting weary of attending all the meetings. Mr. Herrick stated, on special use permits, there is some • burden on the Council to show reasons why they should be denied. He stated excerpts were sent to the Council of a Minnesota Supreme Court ruling that overturned a Council's decision on the theory that the Council had not been consistent in the community. He stated he is nervous about denying a permit where the applicant is not present to state his case, even though that applicant knew about the meeting. He stated the people present here this evening, who object to the special use permit, could be heard and their statements made a part of the record. Mr. John Dunphy, 155 Stonybrook Way, stated it was his observation that Tom Thumb was interested in the property as a special feature, if the special use permit was allowed. He understood that 40-50% of the revenue that was takzn in weuld be in gas sales. He mentioned that the location would have a 25 foot entryway which is close to Stonybrook. He stated the neighborhood is alrnost totally opposed to this business at this location. He felt there was a traffic hazard involved with the vehicles and children crossing the road, and a question of whether it is a needed service in the area. MOTION by Councilman Barnette to table this item to the next meeting. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri;ed_unanimously. EAST RN ER ROAD COMMITTEE: Mary Martin, 133 Stoneybrook Way, brought up the possibility of an East River Road Committee. She stated there used to be such a Committee which is now defunct and felt such a committee would do a lot of good, if just keeping the people informed. She didn't feel the action the Council took regarding East {2iver Road was the only way and felt there had to be other alternatives. Mayor Nee indicated he could see no objections with such a committee. RECESS: A recess was called at 11:05 P.M, by Mayor Nee. RECONVENED: Mayor P�ee reconvened the meeting at 11:13 P.M. All Councilmembers were present. � (Planning Commission Minutes Continued) � CONSIDERATION OF VACATION REQUEST, SAU �79-04 BY NLLAN M JOHNSON OF JIM MILLER REAL ESTATE 7751 EAST RIVER ROAD _ � i MOTIOfJ by Councilman Shcneider to set the public hearing for October 15, � 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting � ave, Playor Nee declared the motion carried unanimously. I i APPEALS COMMISSION MINUTES OF AUGUST 28, 1979: � CONSIDERATION OF A REQUEST FUR VARIANCES TO REDUCE MINIMUM LOT � AREA AND TO REDUCE REQUIREMENT OF 20 FEET BE7WEEfJ I.IVING AREAS ON i 60 FOOT_ LOTS TO ALLOW CONSTRUCTIOfJ OF TWO DWELLINGS IN CPR-2 ; MOTION by Councilman Fitzpatrick to concur with the recorrmendation of the Appe�ls Corrimission and deny the variances. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF SEPTEMBER 24, 1979 271 PAGE 10 MOTION by Councilman Schneider to receive the minutes of the Planning Corranission Meeting of September 12, 1979. Seconded by Councilman Barnette. Councilman Schneider questioned if a moratorium could be placed on conversions of condominiums, un#il the Council decides how they wish to proceed in this area. Mr. Nerrick stated he wouid do some research on whether they could adopt a moratorium or an ordinance to regulate this or set conditions under which it could be done. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayoe Nee ideclared the motion carried unanimously. ' � RECEIVIMG THE CHARTER COMMISSION MINUTES OF MAY i, i979: MOTION by Councilman Schneider to receive the Charter Commission Minutes of May 1, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ON OF A LE'rfER OF REQUEST FOR EXTENSION OF TIME ON Mr. Qureshi, City Manager, stated a letter was received from Mr. Stahlberg requesting this extension of his special use permit until the spring of 1980. Mr. Stahiberg was not present at the meeting and Mr. Qureshi stated he would recommend a six months extension and, if Mr. Stahlberg hasn't proceeded with his plans by this time, would ask him to come back before the Council. MOTION by Councilinan Fitzpatrick ±o allow a six months extension of time on Special Use Permit SP #78-10 for Allan B. Stahlberg. Seconded by Counciiwoman Moses. Upon a voice vote, ail voting aye, Mayor Nee declared ' the motion carried unanimously. I GONSIDERATION OF COMPREHENSIVE DEVELOPMENT PLAN AND SETTING PUBLIC HEARING FQR OCTOBER 15, 1979: MOTION by Councilwoman Moses to set the public hearing for October 15, 1979 on the Comprehensive Development Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carrie,d unanimously. CONSIDERATION OF CITY OF FRIDLEY BECOMING A MEMBER OF THE NORTH MANAGEMENT COMMITTEE: Mr: Qureshi, City Manager, stated a staff inember is aitending tfie Northtown Corridor Management Task Force meetings and they will keep the Council informed as to what is happening at the meetings. MOTION by Councilwoman Moses tc, receive the memo from Jerry Boardman to the City Manager, Mr. Qureshi, dated September 20, 1979 regarding his attendance at the Northtown Corridor Management Task Force Meetings. Seconded by Councilman Fitzpatrick. Upon a vaice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. REAPPLICATION OF REVISED PACO INDUSTRIAL PLAT DUE TO SURVEYOR'S MISTAKE: MOTION by Councilwoman Moses to approve the revised Paco Industrial Plat due to the surveyor's mistake and authorize the Mayor and City Manager to sign same. Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN INDEMNITY AGREEMENT WITH THE CITY OF MINNEAPOLIS REGARDING ADVANCED DRItiERS TRAINING COURSE: MOTION by Counciiman Fiizpatrick to approve the indemnity agreement with the City of Minnea�olis regarding advanced drivers training course. Seconded by Co;arcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :�i�' RFGULAR MEETING OF S[PTEMBER 24, 1979 , Page 11 RESOLUTION N0. 107-1979 AUTHORIZING AN AGREEMENT BET4lEEN THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY MOTION by Councilman Barnette to adopt Resolution P�o. 107-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 108-1979 CONFIR61ING ASSESSt4ENT FOR 1979 WATER AND SEWER t�IAINS, LATERI4LS AND SERVICE CONNECTIONS: h10TI0N by Councilman fitzpatrick to adopt Resolution No. 108-1979 and to give Lot 30, Block 8> Ha�r,ilton's Addition to Mechanics- ville credit for work that had to be done because of the absence of two stubs. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RESOLUTION N0. 109-1979 CONFIP.PITNG ASSESSh1ENT ROLL fOR THE TREATMENT APdD REMOVAL 0` TREES �1979 : MOTION by Councilman Schneider to adopt Resolution No. 109-1979 with instructions for staff to make sure that the assessment for the westerly 14.2 feet of Lot l, Block 1, Van Cleaves Addition, is assessed to the right property owner. Seconded by Council- woman Moses. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTIOA? by Councilwoman Moses to authorize payment of Claims No. 206577 through 263938. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LICENSES: MOTION by Councilman Barnette to approve the licenses as sub- mitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider< Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Dawson Construction, Inc. 1803 So. Ferry St. Anoka, MN. 55303 $84,204.45 Partial Estimate #{1-S&W Project No. 128 E.D.S. Construction Company 360 Larpenteur Avenue ktest St. Paul, Minnesota $ 5,946.71 Partial Estimate #5 - Municipal Garage Addition Smith> Juster, Feikema, Malmom & Haskvitz $ 2,190.00 1250 Quilders Exchange aldg. Minneapolis, Mn. 55402 For legal services rendered as Prosecutor for August, 1979 Talle, Herrick & Mumms 6279 University Ave. N.E. Fridley, Mn. 55432 For legal services rendered as City Attorney for August, 1979 $ 1,469.85 4 �_ _ _ __ __ _ ___ _ _ ____ _____ ,_____ _ ____ __ __ __ _ ____. � � � i I I i I f , i � i � REGULAR MEETING OF SEPTEMBER 24, 1979 Page 12 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARbING CONTRACT - WALKING QRIDGE MATERIAL OPENED SEPTEMQER 14, 1979 : Mr. Qureshi, City Manager, stated three bids were received and it is recommended the bid be awarded to the low bidder, Contin- ental Custom Bridge in the amount of $11,161. MOTION by Councilman Schneider to receive the bids. VENDOR Continental Custom Bridge, Inc. Rt. �5, Box 178 Alexandria, Mn. 56308 Town & Country Bridge DeBourgh Manufacturing Company 9300 James Ave. So. Mpls. , F4inn.55431 Sehiins & Geer Const Company P.O. Box 634 Hopkins, Mn. 55343 " Structural Timber Products P.O. Box 185 Osseo, Mn. 55369 BID QOND TOTAL COST �558.05 $11,161.00 Cert. Check delivered lst Bank, Carlos, Mn. 56319 $631.25 $12,625.00 Cert. Check NO BID Travelers $12,202.00 Indemnity Co. 5� of bid 2`73 MANUFACTURERS NAME Continental Custom Bridge, Inc. DeBourgh Mfg Structural Timber Products Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to award the bid to the low bidder, Continental Custom Bridge, Inc. in the amount of $11,161. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: Motion by Counc9lman Fitzpatrick to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Regular Meeting of the Fridley City Council of September 24, 1979 adjourned at 11:28 p.m. Respectfully submitted, Carole Haddad Secy. to the City Council Approved: Wiliiam J. Nee Mayor PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, October 15, 1979 in the Counci.l Chamber at 7:30 P.M. for the purpose of: � Consideratian of a rezoning reauest, ZOA #79-06, by James E. London and Michael D. Gannucci, to rezone Lot 7, 8 and 9, Block 1, Central View Manor from C-2S (general shopping areas) to M-1 (light industria1 areas) to allow the con- struction of a nev� industrial building, lying in the North Half of Section 12, T-30, R-24, City of Fridley, Gounty of Anoka, Minnesota. Generally located at 1175 73 2 Avenue N.E. Any and all persans desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: September 26, 1979 October 3, 1979 0 l L ;,' � � r.� . _._. .._.. ,r�•�/vn G oe,m.��,"iao6'ond . , _ � �o ».�•N• . 'ry ' I• � •i: � " 1 A `. � . � �Y.' � �i � ...- � ZOA #7g-06, LONDON & GANNUCCI � :�'� � j ' � '^ . � a '. ,_,_ ' ' ! �: .__ ,�8�... _. ..::1 . �.• ,� � � ( ' a; � `7 q 5 p ` 7 q q p �: �'; ` � � � I � �: � � I I� • .� � Pc/�cr A t�ioorf . . (,�,j , :. ,� � <4sooj Q : �� 1t�+�ia :. �fSJo% � J 4.4) � '',' A I� ^ �?s.t.or� +�I . � '�;. 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Ja�r�'�ra� vr c��o�f�i _- t ir q�s�.�� '_ .�: — � - _ i --......----�--1'a�r�i'Jy^w-^-- . y � . ..' i 7zzo ' ! �'O� i � iNii�ne.�of� /advstri>/ , Psr.l1 /n�. y'/irii�,9/f�tA�r ��,1 . oo . � �t 305 � �� ; � i z q I � ��. . . � �. , . � _...<<, . . �� .� i�r ` . ....... . 7F.-�_ - ..,..� �� ____}s?.. � � _ � � ��,0 ..._._�....Y, _ )rA : _ --�--° � -�� , �, �,J � ? O O � � ►�, � �• ,1s:•..•: sv:., U�v.- c � j� / c.�.y� o. t'�vl.� ? ��l� I �0, fIJC. % ( �) � $ I /1 l..�r'C7(7� ✓. /1.�r�L� ' � � � F,' � � � .F.ni/.r'c. �S�p) . � � \.;�., /�U�i�Of,s __��t�D �,�i5,�c� _ (v(� � ____.__ __._____._ .. . _ _ �...._..__ w. � . �} r- 4i v _ ' - ---- ;... ... . . � �. �� .._ .. �`ulJ.V .... , cGr„ �� '•_. �� . (J.��l � .� • �' � I �JR`J ,/S?!�•fc/)A'G•7l�Y�f V � .. f� � ' _ .... .� �vwr f�, �5��7%i �G�) r� � , ZOA #79-OG, LONDON & GqNNUCGZ . . ; .1 • . � ' . � , . . � . � . i • � . ,. � � ' �. .,,` �i .. . � e' r. , � . \ 1. ; �`\� � � � � ' . ` . �,. . ,, � < 4 � ;. . `, � . /_� . • r F : . i � � : .�`� � : � � � _ � N�rt Custom Homcs IAO' , � ; lP ', � � � � � 73 1/2 AVE. N.E. . . � Sife Pian for� ROYAL ELECT�IC & L��O�d CONST�tUCTION � scale 1"= 20' luly 19I9 a C � C PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Nearing of the City Council of.the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, October 15, 1979 at 7:30 P.t�1. for the consideration of the following matter: � Request for a Vacation, SAU #79-04, by Allan M. Johnson, Jim Miller Real ' Estate, to vacate the 10 foo� easement on the East side of Lot 2, Pearsor's Second Addition and relocate on the East side of Outlot A, Pearson's Second Addition, lying in the South t�alf of . . Section 3, T-30, R-24, City of Fridley, , County of Anoka, Minnesota. �Gen�rally located at 7751 East River Road N.E. Anyone desiring to be heard with reference to the above matter wi11 be heard at this meeting. 0 WTLLIAM J. NEE MAYOR Publish: September 26,. 1979 . Octaber 3, 1979 � 2 , �T�rr�:r.tac cor��:sszoN r�rrr.zNC� si"sPTi��(BT;R l'I_, 1979 . PAGr io 2 A � nnd also promoL'c conformity with use ��it-h other adjoinin� propexty and uses in the di.stricL- as a wliole. Mr. Lan�enfeld fel.L- Ctiis permiC did not conform to L'tnse conditi.oz� and L-h�1t t+�1S grounds L-ox denial. Mr. l�.arris pointed out that the denial of the permit is ro be Uased on the questi.on of gas pumps. He added safety problems with L-he gas Lxucks delivering �as would be another reason for denial. " Ms. Schnabel said poinL 3 was good since a specific delivery and maneuverability plan for �as delivery had not been shown. She also wanted to add the fourth reason for denial. If there Wasn't a nee'd�for addi.tional 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 requixed an the building permit. Mr. Boardman sain no. Mx. Oquist felt this would be a traffic hazard not caused by the gas pumps but the convenience center. Mr. IIarris stated the four reasons for denial. �1. Traffic safety due to increase txaffic because of gas pump patxonage. 2. Tncompai:ability with the neighborhood. 3. Sai'ety pzoblems wii_Ii the gas trucks delivery gas. 4. I�eed ,fox additional gas sex-vice in area �caas not proven. UI'ON A VOICE VOTE, �LL VOTZ�'G AXE, C1II�IPSiAN HA�'21`tIS D�CLAR�D TH� T10TION CARRIED tT�ANIMOUSLY. Mr. Haxris inforzned the petitioner this c•aas o�zly a a-econunendation to the Council, and it goes befo� tl.e Coune-i•�� on September 24, 1979. • 3. VACI�TT.OI� P.EQUrS ShV ;'F79�04 �3I.' AI.LAN I�i. JOHNSON JIM 1�ZILL:GP� R�L ESTATr : C�acaLe the 10 .�o�'`C°~ emGr�t:,,,�n the East side�o� Lot 2, Pearson's Second Addition and �elocate on the �ast side oi Qutlot A. Pearson's Svcond Addit:i.on, generally ].ocated at 7751 �asL- River Road N.�. � TSa-. Iiarr:i.s st.ated tliis �,ras an i�zformal Public Iieaxing. Mr. Boaxdma�.z explained that the presenL- easement �'or drainage and utilities located on Lot 2 would be r�acated and rededicated along �he easL-ern boardex of Ou.tloi: A. At present tlie�:e are no utilities the�-e and it �aouia vP mainly used fox possible future access to these lots by the City. Ms . Sclinaliel asl.ed ii tlie 2 paxcels �aere o�,�ned by tlie same owaler. r4x . 13oardman said yes. 2•is. Schnabel asiced if Lhe Pa'operty joinin� the new easement lines would have to hook up and ioll.o�� .hese easements. Pf�-. 13��ardm�n stat.ecl no, the main reason for the eascinents is to allo�� access to each i�lopexi:y f:or sc��,�er, ��ater, etc., thaL- is iieedcd by L-hat property. Ttiis prop�zL-y ,�nd the propezty L-o t.he north al�:�acty havc thci�: necessary sez-vi_ces e:;r.�i�listaea. , . . . ' ; ` , ,u:,z� , ..', Y t, , � . � r.��ra7.rac cor�r��ssr.t�N Mr��rzTac, srrrrrlr.�.�i �2, a479 � �.�c�,, �� 2� ary Mart:in uslcecl i� tlle vacaL-ion �oes Llia�oti�;h C811 tl�e lots Ue sold separutely. z. T3oa�-dman said we would aslc ior a re-dedication by �he devel.oper, the ease- enLt, woul.d �;o bacic L-o L-heir. or.i�inal posiLI.on. OTTON by Ms. Schnabel, seconded by Mr. Treuenfels L-o xecommend to Council pproval of the 'J<rca.ti.oi.1 Reyuest SAV' �f79-04, with the stipul.atzon tl�at if rhe ots were ever to be sold separately the casements would reverL-�back to their resenL location to allow sexvi_ce to Uoth parcels, and re-dedication of the asement along L-lie easL-erly line of Outlot A. PON A �TOIC� VOT�, ALL VOTING AYE,� CIII�II2Mt1N HAI:P.IS DEC��,.R�D TIi� MOTION CARRIED IvI�.N Ii�lOU S LY . hairman liarris declared a recess at 10:16 P.M. and xeconvened the meeting at 10:33 P.M. 4. DT.SCUSSION Or TI3� I'02ti�1c1TI0T1_ OF_ !� P�!tt�i.�Nr,N'� ENERGY COi�'�ilSSIOIQ Mr. Boaxdman info�-�ned the commissi�n that this item has been continued and they should ciecide what they wanL to do with i�. Mr. Harr.is asked Nr> Langenfeld to �ive his thoughts on this subject because he chairecl the �riginal �nergy Sub�couunittee. rir. Lan�enfeld said he would lilce.to see a perma.nent commission estaUlishzdo He said thc 1:u•rpose of. th� co.rmis�i�n �•;oLt� d l�e to woalc C��l.i.h the city staff o:� uni� coordinai�o-r duri_7:� the oncomiizg enerby cr_isis an.ci decisions. IIe stated h� had not Lallc recently to the other cc,n-�mi.ttee. mernbc�rs but they did want to stay togetl�er and hu f_elt th.e:zr ta?_cnts in Liiis �l: ea slzoul_d be t�tilized. ri�-. Lan�e��felct said l�e l.�as ��,^a-sonal.ly opposed Lo a coi�ti.r,ua�i.on o� a sub-.c.ozr*:�ittee or a citi�en's commitLe�.. Tie said he would not participaLe on a citizen's com:azttee. Mr< Oquist aslced i� this cc�mm:i.ssion taould be a member of the Planning Commissi_on: Mr. Langenfeld said if we fol.lo�a Lhe present oxd:inances it could become a men:1?er. r1s. liuglies poi_ntcd out that it could Poss3_1�15r be a me�tber depending on what type oi items aze being c�i.scusseii by the co,-�ni.ssion. Pir.. I.ai��;enfc=l_d saic� lze could possi.Ul.y be a sort of a liaison person, so tlze conujiissi_on �aou]_d be prop�.:?'l.y rep�-eCented. IIe felt wi.th a conu:�ission Llie members �•:oul.d iiave more p��csti.ge, ��l�er�as a�ci.tizen's conmli_tLee r�i�tit not bive tl�e coinmis- sion Che at�tention and mon:�4ntum it �aill requite. �fr. Harris s�iid he could s�-.e t11e adti=an�age of having a pexson oii the Ylazinin� Conunission rcpze;cntin�; Llic energ�• questi.on>. A1.1 sub-coir�niss9.ons are concerned somel;oia �,ith enc�� y. I1� sii�;gest.ed perliaps tlze CO1;LTllillllty Developme�tt Co;nmission ��nd Lner;y Coiuini.s:>io�z :.oul.d be 111GO1�OY<�tC.C� Lo�;eehez. P1r. I.ani;enfeld said lie tliout;l�r_ tlie Lner�,y Commission ��ould have enou�;li to do caii-ti- out; t�c�in;; c� t-;c.i.f�,hl on anoC,ier coromi:,sion. l�lso L'hc Cunununi.ty llevc:lopmeitt Cor.anis�ion. de;21s �,�i.tli nt}icr c�ucsi�ions besS.des cnnrny. _ �ir. Iicir�_.i.s s�ia.�i t:lier � zre many proposaJ.s tl�at- an enex�;y repx'c>t:.nLiz�ive cuuld hrJ �� ai ;.! I it on t�lie 1'1ann7n�; Commissi.on. Sucli cts t:rc.it�sp��rar.inn, liti;liti_i.1g on a ncw T t . ` . ;� ` 'i� ��_ ," ��.. � \ ! �+''�'P � ," r sr� �fiY. T[ T � ��'i.i � ^-- �y r j . b.�� ^ ^7.�� e a9 P: x� ,,A .� f ..1 ` . _ . . �-Yy ci- i. ,C�'�s ; � � :-, � . - � "' � �11an Mo a�hn5on. _},.`��` , P . ,. , �� . , , -. �,�+;b``� - .,� � _ c� �.► 'Y , �_ , , .�' J�m h1�t`��`�T �e:�� =�s- ';,c�� ,^ �.:��, 4�," .�. .� ` . .�� "� ��-..i..`� .�-�t3 ,ti� �.��., ` . . �:��,`�� iI�r � ` � ' � � ` ..;. ,� i :.! � .tr. . :,�i � ?- . � �( t � ,� � . i-'' ' .. , .�' �h� � • � � \ �� = r C,,,/,�- �� '` .,� ;�_,: • .-;` � ' , . �o r;\ - � � _ 4� �,� ` ; i . •�` � . >' .., ` ` ^` / � ..: 1\ ^�]' 1��. 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' . . � o�tik � - . . :� � ^� . �.� � � , j -� ^ Q : _ . .. o , �. ...� , W � � .� ,� g. _ ��` o _ v, � �. . , . e � 's` . . � �' � � � ° � , _ . . � � a ; o . ��a � tn � � � � �j � \ '.� � 's` '°✓ p�d - � `,�, ° - - - - � • . � `C( , � a . .. . \ � . � �� A �d t1 � �\ .� n' _ = ` • �j` _ S^ L� � `•:' \ 1 - - �l�% . . . . . . 1 � . '\ `.. � . p: b`, _ _ .,. n � �,t+�i -. - i �"` j � ` ' . . �. �. � ' \` -1,��(i��'., f , �� . . �� / - - �f."' . � _ _ �' � / �. . � .. � � / �'C � 'In �'r 4 ' _ . ,: � - . �' /� �. �= � _�; % � \ •: `'f� / . - , - � r �,e � +� S �/ .. `� J � o /, ,' ` `� . - '-lV/:� �� 8� w� . - - • � : `,.. - s_ s � . � � : � � / r. ' n' �.� , � ? t . �� i f ,� i�� yn � �t! • � � _. •�, • � }.. ��d� �q0�u y„ �� ` .`/ t. ''- � 0 ��'�r�s�.� . � � a �� s(l ynE2.�i,• . �: � . � � Gz. �� `� , _;:�. - kZ��.� -,,- . # �_ �- ��`� e�_ 7 ( {/�� f /y � �d � � � `� .� � • . .. � `\ �I( ) ��, J� " " � if� � . "- ' ' ��O �r• - . V . . . t lVt.)�`t I� �T � 4 � C >r• �"f.r` � - �li ��/ "t{(��5�,'.Fyt�+ .' / { C' . .. �, � �� -�, � � ` { r ^•� ` , � � . , ��,•�� \' - _ __\ :�t :!• _. �v s` ar�, '' �y� � �� ' - . . - . �o ��'' - C� . �� _ ' � • � ' n p � �� f,,i � b . ��,�•rs o .S� -�. �i �\ c { : �� D� _ - d aY �a � .. � � • - `. . - . . . . ,X-J, �p f � !� .�, _'�� , .O i��-. . .i � t{Qi - - • . . . . . � cc� � .�_S j �� ` 't1 � G� �`.�r .� 2\ S" � -.� :•y� �i�'�� : t " • '�sG v� .r . `� o . •�.Jd. � _ ` - : , ' . ` �, p� . . ' .. %� �� .. y � . .� ,��i , � , t . . . G _�s ` ° � �, �. � ` 1a `a;'V _ • . �' y' �r'- ��' _ � � �t'�,dLP , :� , . . . ' y�. � � ---r�,, � y , �" ,,,Go sp,t / . . . - � X ;- XJ� . " , �y" r��ny� . .� ,..� � � � � ,,�. � . G ��-- °:�� ` : � ' �, ', f , , . . � , ,^, i . • . . �' � . . . �� 1XG�' \'1 �� . ,,�• , � , ''�' : i � ' . � ��`J ' . . `��'�' � ' .' ;� ��. . . �_.t4=�,..'1�11 ' . . 1 J . �� „r / l ,. . . i . � � - % � :. � � • � ,J ; C, ►.� � �. ,, j � �` . ; ; ; / � • `, . . . / ., �.1 . �. • � ` �� . ' . � ,C '% �/, O J F`� • . r � �^' ` ~ . 1• � � � . 1� �� . / • /. . � ,' ,' � ', . � . . , ... i i � . PUBLIC HEARIPdG BEFORE TfI� CITY COUIQCIL Notice is hereby given that there will be an informal Public Hearinq of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, October 15, 1979 in the Council Chamber at 7:3Q P.M. for the purpose of : Reviewing the Special Use Permit SP#79-04 by Mr. Joseph Perrozzi. This additional hearing is being held in order for the City Council to re-examine the new proposed house plans being proposed for Lots 28 and 29, Block R, Riverview Heights, the same being 8181 Riverview Terrace N.E., Fridley, Minnesota. Any and all persons desiring to be heard in reference to this matter shall be given an opportunity at the aboae stated time and place. WILLIAM J. NEE MAYO R Publish: None � 3 17G REGULAR MEETING OF JUP�E G, 1975 . PAGE 4 Councilwoman Moses stated she personally felt this is a trend that is happening now and would like to pass this item, rather than table it. Nr. Nerrick stated that some communities have cluster developments and felt perhaps this miyht be quite similar where units are very close together and there is a lot of open space that is comrnonly owned by the entire group. Councilman Schneider felt there arere several issues that this particular plat doesn't raise. He indicated he was concerned with the general maintenance and also tfiat possibly a developer may find some way of using this to totally undo some areas by not following the intent of the Zoning Code. Council�•�oman Moses suggested looking at this concept in terms ef existing structures and at new construction in another light. f4ayor t4ee stated he would feel much better if this was in the Zoning Code as he has a problem of hovr to rationalize a variance, as far as hardship, since it is now an existing use. ' Mr. Herrick felt that if the Council has any inclinations to authorize this type of conversion, they could prepare a procedure to alloar it, however, if they felt it was sornething they didn't want, there tiaouldn't be any reason for spending i;ime in establishing a procedure. �OTION by Cou»cilman Barnette io table this item indefinitely for further infor- mation and refer this concept to the Planning Commission for their processing and policy recommendation pertaining to the conversion concept. Seconded by Counciln;an Schneider. Upon a voice vote, all voting aye, h9ayor Nee declared the motion carried unanimously. NEW [3USINESS: RECEIVIPJG TH[ PLAPl�:ING COP^��1ISSION f�91NUTES Of hiAY 23, 1979: �REZOf1Itd(; R�QUES7, ZOA 1`79-02 BY WILL1�i�", J. NART E431 HIGH4lAY #65� MOTION by Councilman Schneider to set the public hearing on this rezoning request for July 16, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pdee_deel-areci,.the motion carried ��nanimously. � REQllEST FOR SPECIAL USE P[RMIT SP #`79-04, QY JOSEPN PERROZZI (S1 RIVERVIEW TERRACEj: �..,�:�.,�,�.--� Mr. Sobiech, Public Works Director, stated a special use permit is required ; due to the flood plair zoning of the property and, in corjunction with the special use periziit, variances are requested for waiver of the setbacks. Mr. Sobiech stated the entire lot is not in the flood plain, but only the area along the front of the.property. He stated, in this particular case, they � wouldbe raising the fi�°st floor 4^�ith pilings and t��en raising the lot to insure no � impact or minimal impact on adjacent properties. Mr. Sobiech stated the Planning Cormnission recommended approval of this special use permit at their 61ay 23 meeting. - Mr. Sobiech stated he was confident that this drainage plan, as set up, will handle the drainage. He stated there was discussion at the Planning Commission meeting about the amount of slope on the swale section, but he felt it was adequate. Mr. Sobiech stated the petitioner did propose a certain dimension house for the property, however, it was recon�nended that the house be redesigned to eliminate the need for the side yard variance, which was denied by the Appeals Commission. Fle stated the Appeals Commission did, however, approve a variance for reduction in the area of the lot. Mr. Sobiech felt this was a very good plan as compared with others in the area. Mr. Nerrick, City Attorney, stated as far as the drainage, the standard rule in Minnesota is that an owner may develop his property in a reasonable fashion, as Tong as it doesn't unnecessarily burden the neighbor. He stated it is a very general rule and depends on a situation�-t�y-�ituation application. 3A i � f I -- � , � I i l i 1 i m 3B 177 ,REGULAR MEETING OF JUNE 4, 1979 P,/.IGE 5 r�� ' � �� Mr. Herrick questioned if there rras a storm sewer in this area and if construction of this house would prevent water from gettiny to the storm system. Mr. Sobiech �stated from the grade indicated, he would ansvrer in the negative. f4r. Herrick felt the property owner would have a pretty strong argument that the City can't ; use his property as a drainage basin. He stated he would suspect he could build $� on the property, providing he meets. the other criteria. i� CounCilman Fitzpatrick stated Mr. Sobiech has stated there really isn't a problem, but it seems to him if this had been developed by raising the fili � � two feet, it would shui: off the drainage from the northeast. ! t4r. Herrick stated he doesn't have nearly as much trouble with the concept of f saying he can build, but has to insure drainag�, as with the problem of saying J he cannot build on this lot because it has to be used for drainage. If you do � this you are saying it is unreasonable or reverse condemnation where the City is really taking the lot for public purpose. Mr. Sobiech felt the concern of the Planning Commission should be reinforced regarding the drainage to insure no or minimal impact on the neighbors. MOTION by Councilman fitzpatrick to grant special use permit, SP #79-09, with the stipulation that the City be satisified that the drainage plan, as described and discussed, would be maintained in construction. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. RE UEST FOR SPECIAL USE PERMIT, SP ;�79-05, QY JAMES LARSON (6740 - 4TH STREET : �dr. Sobiech, Public Works Director, stated this i� a request for a special use permit to allow a second accessory building for use as a garage and storage of automobiles. He stated the Planning Commission held a public hear-ing and has recommended approval. _ Mr. Sobiech stated the petitioner is unable to attend because of a recent motor- cycle accident. t�10TI0N by Councilman Bar•nette to grant special use permit, SP �l79-05. Seconded by Council�•aanan Moses. Upon a voice vote, al�l voting aye, Mayor Plee declared the motion carried unanimously. REZONIPdG REQUEST, Z01�# 79-04, aY GRAVES COMPANY (5701 UNIVERSITY AVENUE): hi0TI0�V by Councilman Fitzpatrick to set the public hearing on this rezoning request for July 16, 1979. 5econded by Councilwoman Pqoses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VACATION REQU[ST, SAV #79-02, CITY OF FRIDLEY (UNIVERSITY SERVICE ROAD): MOTION by Councilwoman Moses to set the public hearing on this vacation request for July 16, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. AFPEALS COMMISSION MINUTES OF MAY 15, 1979 - - VARIa'VCE REQUEST QY JOSEPH PERROZZI 8181 RIVERVIEW TERRACE)• Mr. Sobiech, Public Works Director, stated this is a request for variances, in conjunction with the special use permit� for construction of a single family dwelling in the flood plain. 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O ao {r�?� � 0 q� n c � w jv .SW�O/. f � �i � _ � � :o �. T i o '� � b �0 � � ; � �� a�� _' ` _ � � ` '.� � � I nw' \ �} �\� W �N �' y� � � �� :� 2 1 U t . n i� N Y ',I i � ' 7 � -�•� Z 0 ti � 2 ^ 0 2 � n " i � �� i '°o'�� N ' \ \ ; �, _� � �: �, m Joseph Perrozzi SP #79-04 a� ,� �� , t�, U m� `w) � a � CP� v; ��+N �C'C"l^�'�"C'cT i� O h � 3D !" `: pUE3LIC HEI�RING �Ef-ORE TNE CITY COUPJCIL Notice is hereby given that there ��i11 be a Pub1ic Hearing of the City Council of the City of Fridley in the City Ha11 at 6431 Universi:ty Avenue Northeast on f�onday, October 15, �979 in the Counci7 Chamber at 7:30 P.M. for the purpose of: � Revie�� of the 4tevised Comprehensiye � Deve1opment Plan for the c�ty of � Frid�ey. Copies are avai1a�le �or rev�'eG�� in the P1anning Department prior to the meeting date, Any and all persons desiring ta be heard sha11 be �iyen an oppor�uni:ty at the above stated ti_me and place, P«b1ish: October 3, 1979 � I�IILLIJ�M J: NEE - MAyOR 0 0 7 4 9 0 ! '� � _ _ , _ __ _ ___ -_ yi��e� � __ _ _ _ _ - _ _ - 1�,�,�r��s f. %��ro��_ --_ _ __ __--- _ _ _ '"7 `?�� .�'t ST,_ � � � . _ __ ___-- ---- __ ��r t�L..�. , /'�'i�� 5" � 'Y.� � � - , , _ _ _ _ _ � _ �,��d _ 1, ��. � � ��. �-_ I�K�� _ c�l�, _ _ i"1/`e.. __ � �"� . _ __ L.� �'_ .Ga.. __ 1'S � w . ___-- _ _ _ G.. �'` � `�. �- � _ � �� . � � �, z ��f � � � � � `� � �`�` . � � �� z� b � � !�; � �/ � (' �r � _ __ ._ � U t.e l (� _ � �. �'i F� t3 � � C3 � t E � _ A €'l C� -1.�tJ �,G- d'1 _. -- __ � �. � �:� � ��. c ` � 0 1 L'C � `� Y1l �t,, t.� C:. � � � � - � c� y" `� __ a '� � � _�C.-_ �G.. i�°�-�. �° . _ -- __ _._ _ ._ ____ __- ------ -_ _ —_ _.._ _ _ _ �, ,/ _. _. _._ ___ _ _ ___ ___ �f `j� �B'� _ �C�C.e. � __ -___ ___ ____ __ __.__ .. f `l � i� _ _ __. r _ _ _ ___ __ _ __ _ ��.��-�-� � ^ _ - ,� . ,) �. . � _.. --- °— �� j4 � Francis P. 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CORIY�.P o rr� a , 5� 1: . �� aRa��a«cE No. R(r' Q�UIiVi�NCE TO AMEh1D TfiE CITY CODE OF TNE CITY OF FRIQLEY, MIiV�iESO�A BY MAKING l� CHANGE IN ZONING DIStRIC7S The Council of the City of Fridley do ordain as f�llows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTIQN 2. The tract or area within the County of Anoka and the City of Fridley and describ�d as: Lots 7, 8, and 9, Block l, Center View Manor, lying in ihe North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Nir�nesota, Is 6�ereby designated to be in the Zone�i District k��ov�fr� as Ni-1 (ligh�t industrial areas). SECTION 3. That �he Zan�ng Administ;ra�tor is directed ta �hange the ofi�cial zonin� map to sho�� said i;ract or area to b� rezc7ned from 7.oned Dis-crict C-2S (get�eral sho�p � r�g are,as ) to h�- (( 7 i gi�r � i r��ustrAi al ar��a� ). PASSED BY THE CITY COUI�CIL OF TN�� GTTY OF Fi�IO! F�Y THTS UAY OF , 1979. MAYOR - I�lILL1AM J. N�E ATTEST: CI�fY CLERK - P1AR!JIN C.�aRUfJSEi._L Public Hearing: Oeotober 15, 1979 First Reading: Secand Reading:� Publish........ __ __ �