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07/11/1983 - 5241OFFIC7At, CITY OOUNCIL AGII�IQA �[INCIL 1�E'PID1G JULY 11, 1983 � � . / . I FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:�uly 13.,�1983 NAME ADDRESS � ITEM NUMBER _ � ___ ______________ ________ _______/______= �.__ _ � _�_______-_______-��__=====i i t-�G-•� i /�� `� %., i� r-" ,!� V U V �� p� I -� / /� -c.�t. , . i� ss S'� 3 � / - / d � �,517 �u�i� ��✓ /(% �"S`f.3z /- /O ' � � �:% �- � 3S' j�` j.�/ � — � 0 �'�-c��, t � 3 �' � c�`�' 11 ` `C ' s� �3 �' — � � � � y � � — /;i � �, , A� 5 � �--=; . � _. 5 r - / o , , � `° �r' �'�' . �. _� V �o� � - �a � % , U�,� 4�l0 � �' O � � /% �&�� .5�3�0 -�'�t ,.��'� �T �" b2 ��/ _ '� , � �. — �, , T ° FRIDLEY ClTY COUNCIL �% �` •• � . � . , ,, � 0 Following are the •ACTIONS TAREN" by the Administration for your information. (�TIFICATE OF APPRDCIAT'ION• Zbdd Tessner - fl�ergy Co�miission l4r. Z�essmer was �a�able to attena meeting. Gertificate has been mailed to him. � •:�•�/: • r ►. /v� CoumCil Meeting, June 20, 1983 lKinutes appraved as sui�mitted 0 Added: T�porary permit request by FYSA and waive fee (O�nsicieration of It� not an Agenda - 15 Minntes) !rlary [�artin—Re: Public Hearing nctices O�uncil Meetir�g► �ly lI, I963 Page 2 : 1= .� : : �, c� „ Fublic Aearing on Rezoning Request, ZQP► #83-03 by L. Robert Erickson, to rezone fran 1�1 to R-3, lots in Lucia Lane Addition for a 14 unit ocndanini�n, the same being 1133-1145 Mississippi Street N.E. .... 1- 1 O Bearing o�pened at 7:45 P.M. !leeting of July 25, 1983. ptmr.Tr WOR�S ACTION TARF�1: agenda for vonsideraion O�ntinued to the Oouncil Put acntinued hearing on next Public Aearing or� Vacation Request, SAV =83-01, Petition 4-83, to vacate easterly 130.70 feet of 54th Street N.E. (Zirm�ernan and Vagavich). . . . . . . . . . 2 - 2 I Hearing apeneci at 8:40 P.M. Closed at 9:08 P.M. p[�r.TC WDRKS ACTION TA�E►�t: Put ordinance on next agesx3a for Council oonsideration Public Aearing on Amenc�nent to Section 3.07 of the City �arter of the City of Fridley . . . . . . . . . . . . . 3 - 3 A Hearing opened at 9:09 P.M. Closed at 9:12 P.M. SEE ITF�'! AA. 10 F�R ACTION I+�IDID. Public Aearing on Amenc3mel►ts to Sections 6.01, 6.02 and 6.Q4 af the City �arter of the City of Fridley. .. 4- 4 A Aearing opened at 9:12 P.M. Closed at 9:25 P.M. SEE I'1'IIr! AD. 11 FOR ALTION �. Public Aearing on Ose of Revenue Sharing F1u�ds Before City Manager (Acfiinistrative Hearing). . . • • • • • . . 5 - 5 A Aearing Presented by City lRanager ana closed. Oouncil l�eeting, Ju1y 11, 1983 �; � : � i�.. Page 3 Cbnsideration of Second Reading of an Ordinance Acbptin9 - a New Chapter 31 af the Fridley City Co3e F�titled Ga¢nbling Devices autd Second Reading of an Ordinance Amenainq C�apter 11 of the Fridley City Oode by Adc3ing Certain F�ees and a City Oode l��ber . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 F Ordinance No. 778 (GaQnbling Devices) acbpted on seoond reaciin9 an� Ordinance No. 779 (Adding Fee) adopted on seoorx9 reading. rT�„�ri► t�►�rgt ACTION TAKII�L: Ordinance published in Fridley S� Consideration of Appointments to F]�er9Y Camiission (Tabled 6/20/83) . . . . . . . . . . . . . . . . . . . . 7 - _. -. i 1= ..�.:: : 411 �.� �: : �� = . ..- .. Q�nsideration of Item from l�arch 24, 1983 Appeals Ornimission Minutes: A Variance to Reduoe the Side Yard to Allvw Part of a Converted Garage to be Used for a Beauty Shop. R�equest by Glenri Van Hulzen (Returned to Appeals Catmission 6/ZO/63) . . • . . . . . 8 - 8 D �gais �m�ssion Recc�mnendation: (6/28/83) Clarif ied definition of liviny space, and due to new information, approved with stipulations. �uncil action n�� Consideration of reoo�rtmendatian. _ Variance approved with stipulatian g�T.IC hARRS ACI'ION TARE�L: Inforn�ed Applicant of Oa,v�cil approval with stipulation. Oau�cil Meeting, July 11, 1983 ,�a. : �.��.. Page 4 Qonsideration of First Readin9 of an Ordinance Amending Section 3.07 of the City �arter of the Cit�+ of Fridley (City Oo3e Secticn F. Misc.) . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 E Ordinance adopted on first reading p[�xr,TC y�RRS—ACTIOrl � Put ordinance an Agerida of l�ugust 8th for cansideration of seoonci reading Consideration of First Reading of an Ordinance Amending Sections 6.01, 6.02, and 604 of the City �arter of the City of Fridley (City Code Section F Misc) . . . . . . . . . . . . . . . . . . . . . 10 - 10 D Ordinance adopted on first reading �ITY MA�ER—ACTION T�II�I: �,arter Camtission Ordinance put on August 8, 1983 agenda for consideration Receiving Planning C�omnission Minutes of June 22, 1983 . . . . . . . . . . . . . . . . . . . . . . 11 - 11 OC 1. Request for a Special Use Permit, SP�83-03, Apache C�ing Center, to Increase the n�nber of Tzailers Displayed in Front of the affice, at 7701 East River Road ......................... 11-11G planninq nm�ssion Recomnendation: Denial 11R-11Z �yn�i� Act�on Needed: Oonsideration of recaRrnendation. O�uncil denied Special Use Permit request $mr,IC WORKS ACT?Or1 TAKII�I: Inforn�ed applicant of O�uncil denial 2. Request for a Special Use Permit, SP#83-04, by Donald W�last, D. W. O�nstruction, to Allaa New Gonstruction in Q�2 8oning, the Same Being 8125 Riverview Terraoe N.E ..................................... 11Cr�118 Planr�i �rxrmiS�i9f1 R@C01Tft1E*+�?3_ tl : �IWdl Z1AA u� with stipulations. c�►�nc;i Action Needed: Qonsideration of recannendatian. kequest approved with stipulation P[�T.IC WORRS ACTIOrI TARf�1: Inforn�ed applicant of Cb�cil appraval with stipulation I �' Cbuncil Meeting, July 11, 1983 �i�� iy.. •. � i �• Page 5 Receiving Cable Z�elevision Oomnission MinutQS of May12, 1983 . . . . . . . . . . . . . . . . . . . . . .12-12F Minutes received. P[IB�L�IC wDRRs ACTION TARII�I: Filed for future reference Receiving Bids and Awarding Contract for 1983 . Concrete Pavement Joint and Crack Resealing Project. (Opened 7/7/83, 11:00 a.m.). . . . . . . . . . 13 - 13 A Bids received. Awarded contract to law bidder—Highway Services. Rn3L.I wORKS—ACTION TAKE�L: Infornied all bidc3ers of Council awara of bia. Consideration of a Resolution Appropriating Municipal state-Aia FZux]s to c.s.A.H. Project No. 02-b01-26 . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A Resolution No. 61-1983 adopted. A�r.r� W�RKS—ACTION TARF�l: Sent to l�LSAS Consideration af a Resolution to Advertise for ' Bids for Qne (1) Four-in�eel Drive Articulated Rubber-�I'irec3 Loac3er . . . . . . . . . . . . . . . . . . . 15 - 15 8 Resolution No. 62-1983 adopted. R�r,TC j�RKS ACTION TAKF�L: Advertised for bids. I .' � � Q�uncil Meetinq. JulY 11. 1983 Page 6 .�?.. 1►�a�. �..� � =-,•� Claiias . . . . . . . . . . . . . . . . . . . . . . . . . 16 Approved - c�AT. s�c�s Acrio� �x� clain�s paia Lic�ses . . . . . . . . . . . . . . . . . . . . . . . . 17 — 17 A 1�3C3ed It.�n: R�erQorary �ooci Pern�it for Fridley Youth S�orts Association with fee waived. All licenses and permit approved. (�IR� SERVIC�S AC'I'ION TAK�L: Licc�nnses Issued Estimates . . . . . . . : . . . . . . . . . . . . . . . . 18 — 18 A Estimates Apprwed. �zAr. s�c� Ac�r1oN TARF�L: Estimates Paia gg1��: 10:25 P.M. �TINERANT F000 PERM]T REQUIREM_.ETNTS 1. Name of Event: a, location: � D S b. Oate of Event: � - � t. Sponsoring Org 'i on: d. How Frequent is Occasion semi-annua , annu 2. Person in Charge of food Operation: Phone-Number: Reside pddress: � �• 3. Proposed Menu etc.): ness r � ��'� ,�� 4. Any food preparation by your organization? (Yes) � If yes, date of food preparation: If yes, location: If yes, does location have a food icense? Yes No If location does not have food license, what approved facilities will be used for the preparation? Location: Equipment: 5. Are there any readily perishable f oods to be served? (Yes� � If yes, what are the specific foods: • � 6, Who is r on i e� in charge of food preparat'o . Te •�;� Name: Address: "� P 7. If there wi be over ight storage of foods, what approved facilities will be used? aE��>�v�1 � 8. If food �s„to b� transported, what approved transport vehicle will be used? N07E: The Health Department highly recommends that the responsible person in charge of fo�d preparation properly informs all f ood workers of proper food handling practices. . � The Health Department must have ans�vers for eath of these categories of infor- mation. It is important that each stipulation regarding the above must be adhered to as specificallX as possible. If there are any questions, ple�se ca11 57]-34�0, ext. 170. c� OATE: = � � � Signature Approved By: Rev . 1-24-78 0069A/1330A /i / , jii i i� ' �� ' � / �� /' i / � �, / - i� /� FRIDLEY CITY COUNCIL JULY 11. 1983 - 7:30 P,M. ' � �7�,1��T:RI�I� � , � _..: � �► TODD TESSMER - ENERGY COMMISSION �"►� ' � 1 COUNCIL MEETING, �UNE 20. 1983 �1�' � I . �� I' �' �� (CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) COUNCIL MEETING, �ULY 11, 1983 � � ■ .� ► ► . PAGE 2 PUBLIC HEARING ON REZONING REQUEST, ZOA #83-03 BY L. ROBERT ERICKSON, TO REZONE FROM R-1 TO R-3. LOTS IN LUCIA LANE ADDITION FOR A 14 UNIT CONDOMINI-UM, THE SAME BEING 1133-1145 MtSStSSIPPi STREET N.E. .... 1- 1 0 PUBLIC HEARING ON VACATION REQUEST, SAV #83-01, PETITION 4-83. TO VACATE EASTERLY 130.70 FEET OF 54TH STREET N,E, iZIMMERMAN AND VAGOVICH). . . . . . . . . . 2 - 2 I PUBLIC HEARING ON AMENDMENT TO SECTION 3.07 OF THE CITY CHARTER OF THE C I TY OF FR I DLEY ............. 3- 3 A PUBLIC HEARING ON AMENDMENTS TO SECTIONS 6.01. 6.02 AND 6.04 OF THE CITY CHARTER OF THE CITY OF FRIDLEY. ., 4- 4 A PUBLIC HEARING ON USE OF REVENUE SNARING FUNDS BEFORE CITY MANAGER (ADMlNISTRATIVE HEARING). . . . . . . . . . 5 - 5 A COUNCIL MEETING, �ULY 11, 1983 � I 1 : ► PAGE 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 31 OF THE FRIDLEY CITY CODE ENTITLED GAMBLING DEVICES - AND SECOND READING OF AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE BY ADDING CERTAIN FEES AND A CITY CODE NUMBER . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 F CONSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION (TABLED 6/20/83) . . . . . . . . . . . . . . . . . . . . 7 CONSIDERATION OF ITEM FROM MARCH 24. 1983 APPEALS COMMISSION MINUTES: A VARIANCE TO REDUCE THE SIDE YARD 70 ALLOW PART OF A CONVERTED GARAGE TO BE USED FOR A BEAUTY SHOP. REQUEST BY GLENN VAN HULZEN (RETURNED TO APPEALS COMMISSION 6/20/83) . . . . . . . . 8 - 8 D APPEALS COMMISSION RECOMMENDATION: (6/28/83) CLARIFIED DEFINITION OF LIVING SPACE. AND DUE TO NEW INFORMATION, APPROVED WITH STIPULATIONS. COUNCIL ACTlON NEEDED: CONSlDERATION OF RECOMMENDATION. � COUNCIL MEETING, JULY 11, 1983 ► . � PAGE 4 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 3.07 OF THE CITY CHARTER OF THE CITY OF FRIDLEY (CITY CODE SECTION . F. Mlsc.) . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 E CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTIONS 6.01. 6.02. AND 604 OF THE CITY CHARTER OF THE CITY OF FRIDLEY (CITY CODE SECT I ON F M I sc ) . . . . . . . . . . . . . . . . . . . . . 10 - 10 D RECEIVING PLANNING COMMISSION MINUTES OF I JutvE 22, 1983 . . . . . . . . . . . . . . . . . . . . . . 11 - 11 Cd 1. REQUEST FOR A SPECIAL USE PERMIT. SP#83-03, APACNE CAMPING CEN7ER, TO INCREASE THE NUMBER OF TRAILERS DISPLAYED IN FRONT OF THE OFFICE. AT 7701 EAST RIVER ROAD ......................... 11-11G PLANNING COMMISSION RECOMMENDATION: DENIAL 11K-11Z COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION. 2. REQUEST FOR A SPECIAL USE PERMIT, SP#83-04. BY DONALD WEHLAST, D. W. CONSTRUCTION, TO ALLOW NEW CONSTRUCTION IN CRP-2 ZONING, THE SAME BEING 8125 RIVERVIEW TERRACE N.E ..................................... 11G-11H PI_ANNING COMMISSION RECOMMENDATION: APPROVAL 11AA-11CC W(TH STIPULATIONS. �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION. COUNCIL MEETING, JULY 11, 1983 ► �� % ► � ► � PAGE 5 RECEIVING CABLE TELEVISION COMMISSION MINUTES OF MA,Y 12, 1983 . . . . . . . . . . . . . . . . . . . . . . 12 - 12 F RECEIVING BIDS AND AWARDING CONTRACT FOR 1983 CONCRETE PAVEMENT JOINT AND CRACK RESEALING PROJECT. (OPENED 7/7/83. 11:00 A.M.). . . . . . . . . . 13 - 13 A CONSIDERATION OF A RESOLUTION APPROPRIATING MUNICIPAL STATE-AID FUNOS TO C.S.A,H. PROJECT No , 02-601-26 . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BlDS FOR ONE (1) FOUR-WNEEL DRIVE ARTICULATED RUBBER-T I RED LOADER . . . . . . . . . . . . . . . . . . . 15 - 15 B COUNCIL MEETING, �ULY 11, i983 1 � % \ •1 ► � PA�E 6 CLA( MS . . . . . . . . . . . . . . . . . . . . . . . . . 16 0 L 1 CENSES . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 A EST IMATES . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18 A �� ! : THE MINUTES OF THE COUNCIL MEETING OF JUNE 20, 1983 '�' MINL - OF Tf� R�Q7I�AR 1�TING OF Zi� FRIDLEY CITY �[JI�ICII�OF' �e Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PL�GE OF ALLDGIAIVCE • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � RDLL CALL: I�ERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman HaQnernik and Councilman Fitzpatrick MF3�IBERS ABSF�IT: None APPROVAL OF MINCTTES • C70UNCIL MEETING. JUNE 6. 1983: MOTION by Councilman Fitzpatrick to approve the minutes as presentecl. Seconded by Councilmar► Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BDQPTION OF AGII�Il]�1• MOTION by Councilman Barnette to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. QPEN FORUM. VISI�RS• Rtiere was no response fran the audience under this item of business. OLD BUSINFSS• ��gZAmTpN OF 1�pPOTN11�'L�5 '� II�RGY OCNA4ISSION (TABLID 6/6/83) : MOTION by Councilman Schneider to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDT�NC'F � 7%( �j�; �j'j� CITY CFIARTF'R (1F THF C F�TDL�'Y iCITY OODE SDLTTON F MISr_) -(FIRST RF�ADING 6/6/83): MOTION by Councilman Schneider to waive the second reading of Ordinance No. 776 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tu�animously. ORnTI��'F' NO 777 ZO AME[�1ID THE CITY OODE OF THE CITY OF FRIDLEY BY MAKII� $ CHANGE IN ZOI�IING DISTRICTS ( ZC1A #83-01. FRAI� I�AIVGEI�'ELD C'LINSTR,iJGTION) (FIRST RF.ADIN�G 6l6/83 ) : M�'I'ION by Councilman Schneider to waive the second reading of Ordinance No. �rnrTr. �rrx; nF �nnv� 20 , 1983 � 777 and acbpt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• . (1DI�LSm�ATION OF FIRST RFADING OF AN OF�INANCE ADOPTING A N�nl C�PTER 31 OF '� F'R_�LF'Y c'TTY OODE E[�T'r'r� GANI�LIIVG DEVICES: --- � - - - - (nN.ST1�F'.i�ATTCN�1 (�F FIRST READING OF AN ORI3INAIVCE AMEI�IIDING C�iAPTER 11 OF �LE �mr.�v GT'�' O�DE BY ADDING CEF2TAIN FEES AI�ID A CITY ODDE NL?��?: Mayor Nee stated the Council now has a model ordinance before them as requested at the last Council meeting. Mr. Hill, Public Safety Director, stated all the gambling ordinances of cities in Anoka County w�ere reviewed in compiling the draft ordinance before the Council. He stated the ordinance submitted closely fallows the City of Coon Rapid's ordinance and all the definitions are found in the State Statutes. Mr. Hill suggested the Council may wish to consider adding a requirement, as found in the bingo ordinance, regarding the donation of 8$ of the gross receipts for lawful purposes. MOTION by Councilman Fitzpatrick to waive the f irst reading of an ordinance adopting a new Chapter 31 and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to amend the ordinance to include the wording frcxn the bingo ordinance in reference to the donation of 8$ of the gross receipts. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LTFON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr . Hill stated in the ordinance to amend Criapter 11 of the Cocle, the f ee f or gambling devices would be $200/year and the Manager fee would be $50 per manager. He stated the $200 fee is for the premises and the manager`s fee would be a one time fee, unless there was a n�ew �nager. MOTION by Councilman Barnette to waive the first reading of an ordinance amending Chapter 11 of the Code by adding certain fees and a City Code number and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. RFx_F:TV.rN[� PLANNING fJG�NII+4ISSION MIN[fl� OF JUNE 8. 1983: VAC'ATTnN RFYi1RST_ SAV #83-01. FOR PORTION OF 54� AVEN« N. E.. BY r. ZT1�'�F`RNtAN At� L. VAGC�VICH. 5380 ArID 5400 4TH �FET N. E.: MOTION by Councilman Fitzpatrick to set the public hearing for this vacation request for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all v�ting aye, Mayor Nee declared the motion carried unanimously. �� 1�. ,�� .N 1�. • 11�1 � '*ti _ !� ' M_ �� 1�� «*�:� `_��.: '�4��`.�► �� u:, : �la� : � �. My y, � : M � Mr. Flora, Public Works Director, stated the petitioner owns four lots totaling 160 feet of lot area and the request is to split off Lot 12 and the westerly 30 feet of Lot 13 so that Lots 12 and 13 will become a 70 foot lot. He stated the new lot createcl by the lot split does meet all the requirements of the oode, and the Planning Carmission has recrnmiendec3 approval of the lot split. Mr. Flora stated no park fee has been paid at this time. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Carmission and grant lot split request, L. S. �83-02. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • M4�y ��! v � ' : �� i • � y �l �9�- • ,� � �7�� /i � : �� ► �� i �� «� i 4�� M i �M� �4 �� i � �� -_!! • � �� _: \�� . h, i � � � i «��M i ��\ i i�\� � ,I �\ �i+ � �� f�� i +' Mr. Flora, Public Works Director, stated this reguest is to increase the maxim�mn square footage of a free standing sign by adding a 3 x 6 foot section to the bottan of an existing 50 square foot sign. Mr. Flora stated there are two existing free standing pylon signs on this Union Oil Campany property. One sign was erected in 1970 and is a 12 foot diameter circle that is 113 square feet in area and the second sign was erected in 1977 and is a 50 square foot gas price sign. Mr. Flora stated the existing signs were erectec] under the old ordinance and with gas pricing competition today, the petitioners stated they must have a way of advertising their products effectively. Mr. Flora stated the Ap�eals Canmission felt the hardship was self-imposed, as they have changed the use of the 50 square foot sign, and, therefore, reoomnended denial of the variance. MOTION by Councilnar► Schneider to ooncur with the �ar►imous recomnendation of the Appeals Camiision and deny this variance request by Union Oil Company. Seconded by Councilm3n Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. !: C .� �:M_ ; ��. ��-i �� 1� «: _� y:l � ;_ _�d ��t �: � � �� -i= • : �; � �_� �I� ��. h� _. • J� �/�C MM � ��1 � �! � �� . � �4 � Mr. Flora, Public Works Director, stated this property is located on the northeast oorner of Mississippi Street and Highway 47 (University Avenue). He stated the request is to increase the maximum square footage of a free standing sign fram the 80 square feet permitted by the code to 150 square feet. Mr. Flora stated there is an existing 5 x 15 foot pylon sign at this intersection which is used by 10,000 Auto Parts, however, Tile Factory Outlet felt additional signage was needed due to poor visibility of the store itself. aDiJNCIL �� OF J[]NE 20. 1983 pAGE 4 Mr. Flora stated Tile Factory Outlet has requested an addition to the existing sign of 5 x 15 feet and this location would only be acceptable to their use, if the variance is granted, in order to provide them with the needed advertising exposure. Mr. Flora stated the �peals Canmission recomnended approval of the variance with the stipulation that the new signage not be put up �til the present wall signage is cleaned up and brought up to the maintenace portion of the oode. He stated they also recomnended staff direct a letter to 10,000 Auto Parts advising them of the Appeals Conmission decision and recor�unendation and that the new sign be of similar design and structure as the existing sign and the base of the sign improved through refinishing and installation of a planter. Mr. Flora stated staff has written a letter to 10,000 Auto Parts, as requested by the Ap�peals Catmission, but has received no reply as of this date. MOTION by Councilman Hamernik to concur with the recomnendation of the Ap�peals Canmission and approve the variance to increase the maximum allowed square footage of a free standing sign from the permitted 80 square feet to 150 square feet for the property at the corner of University and Mississippi with the follawing stipulations: (1) the new signage not be put up until the present wall signage is cleaned up and brought up to the maintenance portion of the oode; and (2) the new sign be of similar design and structure as the existing sign and that the base of the sign be improved through refinishing and installation of a planter and plantings, as approved by City staff. Seconded by Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. vauTAtx'F R�Y'[��r Tp �)CE THF SIDE YARD SEI'B�Qt '_m A.Lrn�l PART OF A OONVERTID GARAGE TO BE USID FOR A BEAUI'Y SHC?P. 901 WER�N D�IVE: Mr. Flora, Public Works Director, stated this variance is requested in order to allaw a portion of a converted garage to be used for a beauty shop at 901 Overton Drive at the oorner of Able Street and Overton Drive. Mr. Flora stated the neighboring property awner, Mrs. Doyle, strongly opposed the idea at the Appeals Commission meeting and the Appeals Commission recomnended denial of the variance to reduce the side yard setback from 10 feet to 5 feet to allaw conversion for part of the garage to be used for a beauty shop. He stated the real question is whether to allow a living space within five feet from a side yard line of the neighbor's garage. Mayor Nee asked if this wasn't c3ef ined as living area, if there would be a problsn. Mr. Flora stated there probably woulch�'t be a problem, however, it was defined as livi.ng area because people being in that area c�ange it fram the definition of storage and accessors use. Councilman Ha¢nernik asked if sameone put in a workshop if it would be def ined as living space. Mr. Flora stated a workshop would be a limited use and, in this case, the space w�ould be used every day. �� J�. M��!��1�. �� 11�� ' _ � Mr. Herrick, City Attorney, asked if it was a question of living space or a hame occupation. Mr. Flora stated staff's position was it would be used on a daily basis, not only by the resiclents, but by other persons and, therefore, classif ied it as living sgace. Mr. Glenn Van Aulzen, the petitioner, stated the State Board of Cosmetology has stated that a beauty shop shall not be in any living sgace of a home. He stated this adds more to the complexity of the stivation as the City classifies a beauty sho,p as living space and the State Board says it can't be living space. Mr. Van Hulzen stated a beauty shop could be put in their basement, however, they wished to have it located in a portion of their garage which is now storage area and is adjacent to the Doyle's garage. Mr. Van Hulzen stated if the beauty shop has to be located in the basement, there would be a walk along the east side of his hane, with an entry door put in the back of the home into the basement area. Mr. Van Hulzen stated it was suggested at the Appeals Ccmmission meeting that the shop vould probably be located in a better place and provide entry from Able Street. Mr. Van Hulzen pointed out there is a very narrow setback on Able Street and, further, the basement would have to be completely remodeled to accamodate a beauty shop at that end of the home. Mr. Van Hulzen stated if the Council allaws the variance, the window on the side of the garage would be closed and the existing garage door would be removed and replaced with a bay window. Mr. Van Hulzen stated he would install a hedge, as a sight and sound barrier between his property and the Doyle's, to eliminate Mrs. Doyle's ooncern about the traffic since this is her basic objection. Mr. Van Hulzen stated he would make a oomnittment they vaould have only normal working hours. Mr. Van Hulzen stated he felt they have reduced their own personal traffic on Overton, when the garage was built with the entrance on Able Street, and the beauty shop shouldn't generate any m4re traffic than what their awn family generated when they were using the garage are which faces Overton Drive. Councilman Barnette stated it seemed Mr. Van Hulzen's plan for persons to enter the beauty shop in front of the home, rather than going around the side of the home and entry to the back through the basement, would actually restrict traffic to the Doyle's area. Mrs. Carolyn Doyle, 921 Overton Drive, stated her biggest objection is having a beauty shop next to her home. She stated they bought a home in a residential are and didn't want to be located near a business. Mrs. Doyle reviewed her concerns, as outlined in a letter of May 25, 1983, regarding a beauty shop being so close to their home; the fact the variance would stay in effect if the Van Hulzen's would move ar1c7 there were new awners; and the affect it would have on the value of their home and property. Mayor Nee asked if a hedge was there between the properties if this would be more acceptable. Mrs. Doyle stated it would close them in even more so it almost makes it worse. �� )�. � „I�!� ��. • 1)�� ':_N � C7ouncilman Barnette asked if a variance was granted to a person or to the property. Mr. Herrick, City Attorney stated, generally, variances are granted to the property. Mrs. Doyle stated if the Van Hulzen's should sell, the variance would still be valid for the property. Councilman Barnette felt this was a legitimate ooncern. Councilman Schneider stated what this oomes down to is that the Van Hulzen's will have a beauty shop in their home, as it is permitted under home occupations. If the variance is granted, the entry will be in the front and if it is not granted, Mr. Van Hulzen stated he would have a walkway to the side and an entry in the back to the basement. He stated regardless of whether a beauty shop is located in the garage or in the basement, it will still be the same distance fram Mrs. Doyle's home. Mrs. Doyle felt if the beauty shop was located in the basement it at least wouldn't be so close to her property. Cbuncilman Hamernik stated there are two persons in his area who have beauty shops in their hame and he didn't see any problsns with traffic. Mayor Nee stated he couldn't see where this hame occupation of a beauty shop would be any distrubance in the neighborhood. Mrs. Doyl:e stated she just felt opposed to it and wanted to express her thoughts. Councilnan Hamernik stated he called the Qzairman of the Appeals C,onmission to cliscuss this with her. He stated she agreed there were points that had been made since their meeting which would shed a different light on how they approached it or their thinking on it. He stated he had talked with some of the neighbors in the area and they felt it was a desirable situation. Mr. Dick Rrdcier, 920 Overton Drive, stated he was not concerned about the traffic and spoke in favor of the variance. He felt the plans to add a bay windaw w�ould enhance the property. Mr. Brent Doyle, 921 overton, stated he felt the Council is missing a signif icant point and it isn't the beauty shop that should be the ooncern, but the granting of the variance. He statec3 once the variance is granted, it is for the life of the property. if the variance is grantecl, it gives permission to use this area as living space. He felt the requirement of the code is there for a reason and the question of the beauty shop shouldn't even enter into it. Ae stated the Appeals Ca�mission voted unanimously to �leny the variance and once the variance is granted, it sets a precedent. Mr. Doyle stated, as far as the concept of a hedge, it isolates him and his hame and puts him where he can't see out. Mr. Doyle stated the statement that if the Gomnission had all the facts, they might have voted differently he doesn't know what they would do, but if this is the case, he felt it should be referred back to them. Mr. Doyle felt, in any case, it is in violation of the code if it is living space and if the variance is granted, it can be used as living space for the Van Hulzen's or any one else that moves into this hame in the future. �� J�. 1 ,��yl�. • 11�1 � ' _ �! Mayor Nee explained the reason there is an appeal procedure is to make ac3justments in the ordinance because sometimes the rigid application isn't reasonable. He stated a nimiber of side yard variances have been granted in order to make something work better, and the legalism of it is flexible. Mr. Flora, Public Works Director, stated perhaps the question of the definition of living space versus home occupation use should be clarified. Mr. Herrick felt if this matter is referred back to the Commission, there should be some guidance given in order for them to make the determination. MOTION by Councilman Hamernik to direct staff to forward to the Appeals Camnission informaton so a determination can be made as far as what is living space and refer this variance request back to the Ap�eals Canmission. Seconded by Councilman Fitzpatrick. Mrs. Doyle stated she thought the ordinance has always been in effect in Fridley. Councilman Schneider stated the question is the def inition of living space, however, the ordinance regarding the setback requirement has been in effect for some time. Mr. Herrick, City Attorney, stated there is a code that indicates how far the living area has to be fram adjacent property, however, the question hasn't arisen before whether this type of business should be classified as living area and felt there should be more research to see if ther is any precedent. Mrs. Arlene Breitenfeldt, 980 Overton Drive, spoke in favor of the beauty shop and the variance and stated she dic�'t feel there would be a traffic problen. Mrs. Rreqner, 920 Overton, felt it would be nice to have the bay window in front of the Van Hulzen's and spoke in favor of the beauty shop. tTPON A VI�ICE VOTE TAI�N ON THE ABOVE MOTION, all declared the motion carried unanimously. Mr. Qureshi, City Manager, stated notices will not this item would go back to the �ppeals Commission before the Council on July 11, 1983. voted aye, and Mayor Nee be sent again, however, on June 28 and come back MOTION by Councilman Schneider to receive the minutes of the Planning Con�►ission meeting of June 8, 1983. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. +�«_. �� . : 1�� ,� �\I� M�:-«� � �'• _: 1�. ��+«� �4 � �': �� I� :. �y, � ; : � \ �� : _: � ��: i�i: ��I� S 1�. Mr. Flora, Public Works Director, stateci the bids were opened June 10, 1983 for the 1983 Joint and Crack Resealing and Concrete Repair Project. He stated this was a joint bid with Col�mibia Heights and New Brighton and six bids were received. Mr. Flora stated it was felt the bid for the joint and crack resealing was reasonable and oo�ipetitive, however, the price for removing anc] replacing pave�ment sections was above the reasonable estimates. He statecl staff has aOLnx'TL• I�E,TING OF JiINE 20. 1983 PAC�.$ attempted to negotiate a contract with the law bidder for just the joint ancl crack resealing portion, but this is unacceptable to them and, therefore, w�ould rec�nmend the contract not be awarded and to readvertise for new bids. M�TION by Councilman Barnette to receive the bids for the 1983 Joint and Crack. Resealing and Concrete Repairs Proejct. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M�TION by Councilmar► Barnette to reject the bids for the 1983 Joint and Crack Resealing and Concrete Repair Project and authorize the reac7vertising of bids for this project. Seconded by Councilman Haanernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RR�r1T T1TT� � 57-1983 II�U INit� AN AGREIIKENr WITH THE STA_TE OF MTNh��n'I'A A� THE CITY OF aDLLIMBIA HEIGffl'S FOR A TRF1F'FI�_ �IGNAL AT 521�ID AVIIVUE A� TRt?n7K HIGHV�. #65: Mr. Flora, Public Works Director, stated the State of Minnesota Department of Transporation has plans to install a traff ic signal at Highway 65 and 52nd Avenue as this intersection has experienced a n�miber of accidents. He stated the signal will allow all the traffic signals from 40th to I-694 to be syncronized and should alleviate some of the problem.on 53rd as well as improve the safety at the intersection. Mr. Flora stated the cities of Columbia Heights and Fridley wi11 each contribute 25$ of the n4n-Federal aid portion of the project and Fridley's estimated share is around $5,000. M�TION by Councilman Hamernik to adopt Resolution No. 57-1983, and authorize entering into the agreement with the State and City of Colu¢nbia Heights for a traffic oontrol signal at 52nd Avenue and Highway #65. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. O�S�IItATTON OF APPE[�1IDIX B Zb RF�OLUTION NO 5-1983 LOCAI, LABOR AGRE�MENT �TT�Tr+�v1��TTnNA�T iit�iTnN nF OPERP►TI EN�'INEERS. I�ii��1l� Mr. Irrman, City Clerk, stated an agreenent has been reached an Appendix B to the master oontract for Local No. 49. He stated the two major changes in Appendix B is that the 49er's Union has accepted the Annual Leave Program which is the same program the non-union City gnployees went on on January 1, 1983 . �e seoond major item of change is in severance pay and all severance pay hours accrued as of July 1, 1983 will be converted to Annual Leave. He stated there will be no additional severance pay within the 49er's oontract. MDTION by Councilman Hamernik to adopt Ap�endix B to Resolution No. 5-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RFS(�T.i1Tj�j�j � 58-1983 APPROVING AI�ID AUI'�iORIZING SIGNING THE AGREFS+IE� �ART.TSgT� WpRKING apI�IDITIONS . in�GFS Ai�ID HOURS OF F]+�IPLL]Y�S OF Z�iE GT'i'Y OF FRmr.�.v FLRF DEPA�F'►?!' FOR Tf� YEAR 1983: Mr. Ir�man, City Clerk, stated the only item open this year was wages and the firefighters have agreed to 6$ across-the-board increase. ODL?►�?CTL• MEETIlVG OF JLINE 20. 1983 P� 9 MOTION by Councilman Fitzpatrick to adopt Resolution No. 58-1983, and authorize execution of the agreenent. Seconded by Councilman Sc2uieider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RF.SOLIi�ION 1� 59-1983 WAIVING THE RFSrRICTIONS ON Tf� DIVISION OF TAXES FOR 'r�tF' pRppEl�i'Y L[Y'A'rF.�r AT 6570 FRIDLEY SI�EET N. E.: Mr. Flora, Public Works Director, stated the resident of the above property awns four lots each 40 feet wide. He stated the petitioner's house presently is situated on two of those lots, leaving the other two vacant. Mr. Flora stated all four lots are on one tax statement and the awner now wishes to sell the two vacant lots for a building site and recent State legislation requires the Cfluncil to pass a resolution waiving any restrictions on the division of taxes. Mr. Flora stated the site meets all zoning and related subdivision requirements. MOTION by CAUncilman Schneider to adopt Resolution No. 59-1 983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. u�mrrrrTrw �n_ �n_i oQ3 AppRC7VING A SUBDIVISION. LDT SPLIT. L. S. #83-01. AT THE aDR�? OF 06BORNE Ft�D A1�ID LAKESIDE RG1�D N.�.: Mr. Flora, Public Works Director, stated all the easeqnents are filed for this property which include street, bikeway/walkway and utility easements. MOTION by Councilman Schneider to adopt Resolution No. 60-1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all v�ting aye, Mayor Nee declared the motion carried unanimously. O�KS�ERATION OF C�IANGE ORDER 1�D. 2 FOR CII�ER CITY PLAZA: Mr. Flora, Public Works Director, stated in the original contract for the Center City Plaza, the styrofoam insulation around the planters was left out, therefore, this d�ange order is requested to add this item. 1NOTION by Councilman Schneider to authorize Change Order No. 2 for the Center City Plaza project by adding $2,800 for styrofoam planters insulation with Monette Construction, Inc. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES : MOTION by Councilmar► Schneider to approve the estimates. Eugene A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, Minnesota 55391 Professional Servies - May, 1983 Moore Lake Restoration Project Phase I$1,437.82 Professional Services - May, 1983 � Moore Lake Restoration Project Phase II $3,320.69 $4,758.51 �� 1�. ,��M1�. • 1 J�� 1 iESTIlNATFS Q�N'rINUID) Halvorson Construction Co. 4229 - 165th Avenue Wyaning. Minnesota 55092 Misc. Concrete Curb & Gutter & Sidewalk � �� *- $3,900.00 Sec�nded by Councilman Aamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� M�TION by Councilman Barnette to apprave the licenses as submitted and as on file in the License Clerk's Office. Seconded by CAUncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �«;r„_ MOTION by Councilman Barnette to authorize payment of Claims No. 154F01 th rough 168Z06. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. � ! �. J: � u�� M�TION by Councilman Hamernik to adjourn the meeting. Seconcled by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 20, 1983 adjourned at 9:00 PM. R�espectfully submitted, Carole Haddad Secretary to the City Council 1�pproved: William J. Nee Mayor PUBLIC HFARING BEFORE TF� CZTY COUNCIL Notice is hereby given that there will be a Public Hearinq of the CitY Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 11, 1983 in the Oouncil Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning request, ZOA �83- 03,, by L. Robert Erickson, to rezone the West Half of Lot 4, and all of Lots 5, 6 and 7, Lucia Lane Addi tion, fran R-1 (single family daelling areas) tn R-3 (general multiple fainily dwellings) to allvw th e construction of a 14 unit condominium ccn►plex, all in the North Half of Section 13, Z�30, R-24, City of Fzidley, Cbunty of Anoka, Minnesota Generally located betwees� Hiqhway 1165 and Lucia Lane N.E. at 1133-1145 Mississippi Stx eet N.E. Any and all persons desiring to be heard shall be qiven an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: June 15, 1983 June 22, 1983 1 TMt CITY Of Fql L Y � �TE '":; ' � �ROM D. DIRECTOAATE OF PUBLIC WORKS ECT ZOA �83-03 � Nasim M. TO lA MEMOFaANDUM hi, City Manager At the May 18, 1983. Planning Comnission meeting a nun�ber of comments were brought about by the public pertaining to rezoning the parcel on the corner of Mississippi and Highway #65. The following inforn�ation is submitted in response to the issues identified in the Planning Commission minutes. 1. Traffic outlet from the development onto Mississippi wouid be hazardous--that is the staff position and would prefer the entrance off of Lucia Lane. ACTIONI INFO• 2. Sewer problems--the sanitary sewer line starts at Mississippi and Lucia Lane. The line would be improved with services connected from this devetopment thereby reducing city maintenance of an existing low fl ow line. - 3. Water line size--the area is serviced by a 10 and 6 inch water line. With the iooping of the 6 inch line i� 1981, we do not have a problem with water service in this area. 4. Tree destruction--reviewing an overlay of the proposed develop- ment on an aerial photograph indicates approximately 14 trees will have to be removed. ' JGF/mc � :: ,, .�.- _ , , ,� : .� _ , 1B CITY OF FRIOLEY PLANNING COMMISSION MEETING, MAY 18, 1983 CALL TO ORDER: Chairwoman Schnabel called the May 16, 1983, Pla g Commission meeting to order at 7:34 p.m. ROLL CALL: ' _____ Members Present: Ms. Schnabel, Mr. uist, Ms. Gabel� Mr. Saba, Mr. Kondrick, Mr. Nielson (for r. Svartdaj Members Absent: Brian Goods ed Otiiers Present: Bill D on, Associate Planner �L. R ert Erickson, 85 • 3rd Ave. S.E., New Brighton M aret A. Seger, 1401 - 73rd Ave. N.E. e attached list APPROVAL OF Y 4 i983 PLANNING CONMISSION MINUTES: , M�ION B AlR. KONDRICK, SECONDED BY PD2. OQlIIST, TO APPRO'VE T� XAY 0, I983, PLANNI COMMISSION PlINUTES AS i�RITTEN. A VOICE VOTE� ALL VOTING AYE� CXAIRWC�lAN SCXNABEL DECLARED TXE 1�lOTIDN ED UNANIMDUSLY. 1. PUSLIC HEARING• REZ4NING RE QUEST �9...�83-0� L. ROBERT ERICKSON� i�ezone t e WF�i est Ha�f of ot 4, and a of ots an . e Addition, from R-1 (single family dwell�ng areasj to R-3 (general multiple family dwellings) to allow the construction of a 14�unit condominium project, the same being 1133-1145 Mississippi Street N.E. AIOTION BY XR. SABA, SECONDED $Y J�IS. GABEL, TO OPEN TNE PUBLIC HEARING ON ZQA lYB3-03 BY L. ROBERT ERICKSON. UPQN A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TXE PUBLIC �ARING OPEN AT 7:3b P.PI. Mr. Deblon stated the pruperty is �ocated on the corner of Mississippi St, and TH 65, west of Lucia Lane. The proposal is far a rezoning from R-1 to R-3. and would consist of a condominium development where the occupants form an association and own the land jointly. The proposal is for three twin homes : combined with an eight-unit carriage-manor type home. Mr. Deblon stated the project has been moved over to the west away from Lucia lane with access onto Mississippi because of the developer's sensitivity to the existing single family residences. 1C PLANNING COMMISSION MEETING, MAY 18, 1983 _ __ PAGE 2 Ms. Gabel asked if the project met all the setback requirements. Mr. Deblon stated a variance from 35 feet to 25 feet would be needed on the north property line. Mr. Deblon stated the plan meets all the parking requirements. and there is the potential to make visitor parking. Mr. Deblon stated that condominiums can be dissolved and the properties sold individualiy in the future, so Staff f�ad to take into consideration the possi- bility of the properties being splii witfiout turther variances. With the new zero lot line subdivision regulation,some of tF�e double bungalow units could qo zera lot line as a twin home. This f�as been allowed in Fridley in the past. This plan does meet most of the requirements for a possible subdivision in the future. Mr. Deblon made the following additional comments on the proposal. 1. A variance is required from 35' to 25' on the north property line. 2. Fencing and landscaping is required for district separation. 3. Drainage p]an is required (Rice Creek Watershed District has to approve this drainage plan). 4. Concrete curbing and blacktop per standard code requirements 5. Will need an additional 20 foot easement for bikeway/walkway ,roadway. 6. Engineering Department F�as a concern about the location of the access onto Mississippi St. in relationship to the access onto Highway 65. The distance is only 160 feet. With the County's plans for widening Mississippi for a right turn lane and the number of cars already existing on Mississippi, Engineering vias very concerned that there could be congestion and some problems. Mr. Deblon stated there are some rather deep lots north of this property. He did not know if any of the owners of these lots had any plans for subdivisior�. He stated there is enough square footage to divide, but they would not be very optimum lots because of the traffic on Highway 65; however`, the City has to consider any future access to these iots. It was a judgement call that might have to be determined as to whether these lots would ever be split. Ms. Schnabel asked where the garages were located and which way the buildings would face. The petitioner, Mr. Erickson stated the garages were located in the inner court. The rear elevation and backyards will face Lucia Lane. The rear elevation will have a deck and patio door on the upper level one-half fiight up. Ms. Schnabel asked if Mr. Erickson had built any of these types of dwellings in the metropolitan area. Mr. Erickson stated he has built in Coon Rapids, Eden Prairie, New Hope, and Brooklyn Park. 1D PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 3 Ms. Schnabel asked that of the buildings he has built,were any of them rental units? Mr. Erickson stated that since 1980, he has bui]t only owner-occupied. All these units wiil be owner-occupied and wil) be FHA/VA approved. Ms. Schnabel asked the approximate price of the units. Mr. Erickson stated Lhe twin homes wil� run in the mid-60's with the double bungalows being just under that. Ms. Schnabel asked what type of screening Mr. Erickson would use between this property and the R-1 properties. Mr. Erickson stated he was thinking of wooden fencing; however, because the lot is so heavily wooded, it was hard to decide what to do for ]andscaping. He stated he would save every tree he could. Mr. Saba asked why the rear of the double bungalows would face Lucia.lane. Mr. Erickson stated there were two reasons for this: (1) He wanted to keep the project centralized so everyone could use the same road for snow p7owing and other maintenance; and (2} the biggest comR�aint from the neighborhood seemed to be to not put any more traffic on Lucia Lane. By facing the buildings in, this kept the traffic off Lucia Lane. Ms. Schnabel stated she was a little bit concerned about the plainness of the rear of the buildings facing Lucia Lane when all the rest of the homes on Lucia Lane are facing front. It seemed inconsistent with the neighborhood, yet she understood what Mr. Erickson was saying in terms of traffic. Mr. Erickson stated this is not inconsistent in condo developments. A numher of condo developments are done this way. Mr. Saba asked Mr. Erickson if he would consider turning the buildinqs around to face Lucia Lane. Mr. Erickson stated he would consider turning the buildings around; however, because of the heavily wooded area, he did not think the buildinqs could be seen that well from Lucia Lane anyway. If the buildings were turned around, a lot of trees wou]d be iost becaase of the dr;veways. Ms. Schnabel nsked for questions and concerns from the people in the audience. Mr. Russell Burris, 1150 Mississippi St., stated he would like to submit to the Planning Commission a copy of his objections. He reviewed it for the Carmission: 1. Spot zoning. 2. Traffic congestion - exit on Mississippi St. would be hazardous. 3. Good or poor construction and cost per unit rental or homeowner. 4. Sewer problems - Burris and Lane are on dead end sewer line. City has to backflush this from time to time to keep sewer line open. A separate sewer line to Lucia Lane is a must for which the homeowners would be assessed on their #axes. lE PLANNING CQMMISSION MEETING,� MAY 18, 1983 PAGE 4 5. What would prevent an i�vestor from buying a unit and renting it out? 6. Garbage pickup - where would cans be placed? 7. 14 units probab7y would mean up to 28 cars. How many children? 8. Back of condo faces Lucia Lane which wouid not enhance the neighborhood. That would also mean children playing in backyard and running out on Lucia lane.�. Mr. Burris stated that a few years Dack, the City of Fridiey hired a reputable zoning company, and paid good money for them to rezone Fridley. Said company conformed the original findings of R-1 and recomnended this property remain R-1. Mr. Burris stated it has been the concensus of the homeowners surrounding this property that three nice residentia] homes could be built on the property. This would then solve the problem once and for all. The homeowners would like to see this area developed as it should, according to the regulations and requirements of the zoning commission. Ms. Schnabel read the following letter from June Johnson, 6600 lucia Lane: "Inasmuch as I cannot attend your meeting to�ight with reference to the property on Mississippi and Highway 65. I would like to express my thoughts on the matter. Lucia Lane has been zoned for single family homes for many years with the exception of the apartments on the north end of the lane. I do not feel it to be proper to have a mu]tiple dwelling of the size proposed for the corner property. I feel there would be too much disrup- tion of traffic because of the entryway on Mississippi. Traffic going in either direction wiil be hampered by the cars going into or out of the lot. I purchased this home with the belief that this would remain a single family area, and I wou7d like to have it remain so so that my property values will not be affected. We have a lot of extra traffic from the apartments and the Knights of Columbus Hall at the north end." Mr. Clarence Timo, 6517 Lucia Lane, presented a written petition for denial and objection to the reioning request. He stated his oDjections were essentially the same as those expressed by Mr. Burris. 1. Spot rezoning 2. Traffic problems and hazards a. Traffic frora KC Hall and apartments to the north already cause congestion. b. Highway 65 and Mississippi St. intersection already has a history of many serious (and some fatal) accidents. c. The driveWay area within Lhe complex riould be like a huge parking lot, with possibly not enough room to safely accomnodate up to 28 vehicl�s. Traffic movement within the area w►ould pose dangers to residents and smaii children. d. Heavy traffic flow on all three sides of the proposed site would definite7y pose a safety hazard to children whose play areas would be adjacent to the traffic. 1F PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 5 3. Depreciation of home values a. Loss of beautiful trees b. O�plexes and multip7e dwellings are not as carefully maintained in general as single famiiy homes. 4. Burden on homeowners a. Sewer and water mains are not equipped to handle such a large increase in population in such a small area.. A sewer back-up problem a7ready exists. 5. Increased density would not be consistent with urban and city planning which is designed to protect the quality of residential life. 6. Residents bought homes with the knowledge this property was zoned R-1, and they want the area to remain R-1. Ms. Bystram, 6533 Lucia Lane, stated her concern was with off-street parking. Besides the 14 units with possibly two cars for each unit, there are also going to be guests. Sometimes it is easier to park on the street, and the only p7ace to park would be on Lucia Lane. With the apartments north on Lucia� there is ample parking, but still there are cars parking on the street. That had to be stopped with "no parking" signs in front of the homes. Ms. Schnabel asked if there was guest parking within the interior of the development. Mr. Deblon stated that according to the first draft p1an, there is no guest parking, but some areas have been discussed for guest parking. Ms. Irene Haedtke, 6540 Lucia Lane, stated she would be very unhappy if she was "boxed" in by this development. There are beautiful trees on this lot. and in looking at the drawing of the development, she knew there would not be one oak tree left on that lot. Single family homes would be fine, because some of the trees could be saved. For ecology reasons, she did not think the developnent was feasible. Mr. Eugene Lane, 1132 Mississippi St.. stated he has lived in Fridley for 32 years. In the morning between the hours of 6:00 and 9:00 and between 4:00 and 7:00 in the afternoon, the intersection at Mississippi and Highway 65 is very busy. It is not feasible to put that much additional new traffic onto Mississippi. Mr. Henry Melcher, 6500 Pierce St., stated he would like to reinforce what the residents have already said. At 7:00 a.m. he has trouble making a left hand turn onto Mississippi. At 3:00-5:00 p.m., the cars are backed up past Lucia Lane past his house ta get through the Mississippi/Highway 65 intersection. Mr. Timo had talked about the great number of accidents at this intersection, and Mr. Melcher stated this couid be reinforced by iooking at the police reports. Mr. MelcF�er stated he and F�iS wife paced thi5 area oft. and tf tfiis development • went into this area, tF�ere would v{rtuatly not be any oak trees left.on thP lot. He stated tt►is is also too high a density to put into this area. 1G pLANNING CONMISSION MEETING. MAY 18, 1983 PAGE 6 Mr. Cory Bystram, 6533 Lucia �ane, stated his house would be facing the back end of the two double bungalows. He stated he has been delivering papers for six years, and he knows a little about wf�at people leave in their back yards. Ne did not think they should have to look at these back yards and what might be left there. If there is only one garage for each unit, where are people going to store their lawn mowers, equipment, bicycles, and other things people usually store in a garage? , Mr. Joe Randall, 1210 Mississippi St., stated his family was involved in an acci- dent at the intersection of Mississippi and Highway 65. He stated he rides the bus and has a difficult time crossing Highway 65 to catch the bus. It is a highly congested area. The oak trees are fantastic. He would like to see this area stay zoned residential as the zoning camiission originally said. Ms. Bystram, 6533 Lucia Lane, stated that in hearing the price range of the condo units, there is likely to be a lot of families with small children. She did not see any additional planning for play areas for these children. Mr. Dean Thomas, 6550 Lucia Lane, stated he also agreed with everything that has _ been said, He would be very unhappy to see this development. It is too many people in too smali an area, and they wouid lose the beautiful trees. Mr. Darrel Goerdt, 6610 Lucia Lane, stated earlier in the meeting Mr. Deblon had mentioned the deep lots and whether any�of the owners of these lots would consider subdividing their lots in the future. He stated he bought his lot because it is e deep lot, and he would never consider subdividinq it. Mr. Erickson stated that some of the remarks he had heard seem to imply that second class citizens will be going into this development. He disagreed 100�. There will be a homeowners' association which �as very rigid rules, so there wil] not be any trashy back yards. 7he maintenance is all hired out and none of the owners have any responsibility for the upkeep. Ms. Gabel stated she agreed with Mr. Erickson. It has been her experience that haneowners' associations do a very good job in maintaining a condo project. She also agreed with the comnent that with the price range, these units will probab7y be first family homes and starter homes, and there probably would be a lot of children. She thought the idea of a play area should 6e considered in the project. Mr. Erickson stated he would be paying a large park fee and he felt that was adequate. He thought the bulk of the buyers wi71 be empty nesters, retired people. This is based on the flow of buyers that are turning up in the different condo projects around the metropolitan area--App1e Vailey, Eden Prairie, North Oaks, Coon Rapids. Ms. Joyce Swanson, 660� Lucia Lane, stated this was a11 pure speculation, and they rea]�y do n�t know who wi]] move into these units. This is an R-1 zoning, and there will be a density problem, traffic problems, and sewer and water problems. There wili be no oak trees. There wiil be c�i7dren. There wiil be parking on Lucia Lane, and people will be walking through back yards. 1H PLANNIWG COMMISSION MEETING � MAY 18,�1983 � � _ PAGE 7 Ms. Bystram stated that at this point, she thought they had to be realistic and maybe there needs to be some kind of balance. If this property was rezoned to R-3, was there any possibility of the developer reducing the nunber of units? She would like to see this as an option. Mls. Schnabel asked Mr. Erickson if he aould consider reducing the number of units. Mr. Erickson stated he would not. 1�lOTION BY MS. GABEL, SE�CONDED BY l�2. SABA, T�0 CLOSE TXE PUBLIC XEARING ON 20A M83-03 BY L. ROBERT ERICKSON. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRWQNAN SCXNABEL DECIARED THE PUBLIC HEARING CLOSED AT 9:?D P.M. Mr. Saba stated that one of the main objections expressed by the citizens was the sewer problem. Was there rea]ly a sewer problem? Mr. Deblon stated that Nas a question that would have to be answered by the Engineering Oepartment. Engineering had not expressed any concern regarding this proposal. Routine maintenance is 6eing done continually on the sewer system. He stated he would check the record to see if there would be a problem as far as capacity and get this information back to the Planning Comnission or the City Council. Ms. Schnabel stated the sewer problem should definitely be checked with Engineering. Also, no matter what development eventually goes on this lot, something else that should be checked with Engineering is wf�at tF�e County's intention is in terms of a right turn lane. Ms. Gabel stated she had to speak against the rezoning. She felt it was a spot rezoning. The zoning is inconsistent with the neighborhood and the planning done over the years. She was also concerned with the sewer, and they needed more information about it. 7he traffic problems are obvious, but the biggest problem she had with it was the spot rezoning. Mr. Oquist stated he agreed with Ms. 6abe7. It was spot rezoning; however, some- t�ing �ill be done with this property, and F�e did not tF�ink anyone would be putting in single family homes. He was also concerned about the traffic. Mr. Kondrick stated it would be great to be able to leave that property vacant; however, they have to consider the �verall good of the cortmunity. Housing is needed in the City. He liked the set-up of the homeowners' association. He also could not imagine anyone wanting to live in a single family home on this corner. de agreed that it was spot rezoning, but his main concern was the traffic. Mr. Saba stated he did not have as many objections with the spot rezoning, because he felt it would never be devel�ped as R-1. He had a problem with the density. He would rather see the double bunga7ows facing Lucia Lane, and he would prefer to see two nare double bunga]ows instead of the carriage-type homes. lI PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 8 Mr. Oquist stated the other side of the issue is that the City needs to provide what is called "affordable housing", and this is affordable housing. Ms. Schnabel stated she was concerned about the density. She felt it was more units than she would like to see go into this area. She, too,shared the concern about spot rezoning, 6ut also did not see single family homes ever going in there. Mr. Saba stated he liked the concept despite the objections. He could see a development like this going in there eventually, but with fewer units. Mr. Debion stated he �ooked at the positioning of this development as creating a quieter environment for the homes on Lucia Lane. He stated the concerns expressed were very valid, but he thought this was a positive aspect of a develop- ment of this nature. NOTION BY NR. XONDRICK, SECONDED BY XR. SAB�A, TO RECOMMEND TO CITY COUNCIL DENIAL OF REZONING RE�CIEST, ZDA IY83-03, BY L. ROBERT ERICKSON, TD REZONE THE WEST HALF OP LOT 4, AND AI.L OF LOTS 5, 6 AND 7, Li1CIA LAJVE ADDITION, FRQM R-I (SINGLE FAMILY DWELLING AREAS) TO R-3 (GENERAL MULTIPLE FAMILY DWELLINGS) TO ALLOW TNE CQr�STRUCTION OF A 1d-UNIT CQNDGlMINSUJN PROJECT� THE SAME BEING 2133-1145 PIISSSSSIPPI STREET N.E. Mr. Oquist stated the sewer issue and the County`s plans for widening Mississippi and putting in a right turn lane should be reso7ved before this item goes to the City Council. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRiJOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIJ►!0(ISLY. MOTION BY 1�lS. GABEL, SECONDED BY I�Z. SABA� TO RECENE INTO TXE RECORD THE LETlERS FROM RUSSELL BURRIS AND JUNE JOXNSON AND TXE PETITION FROM CLARENCE TSMD, AND TO FORWARD THESE ON W7TN THE PIINUTES Zn CITY COUNCIL. UPON A VOICE VOTE, ALL VOTZNG AYE, CXAIRWOI�L9N SCXNABEL DECLARED TXE MOTION CARRIED UNANZAIDUSLY. Ms. Schnabel stated that on June 5. the City Council would set the public hearing for June 20. 2. OT SPL1T RE UES7: L.S. l83-01 MARGARET A. SEGER: S 1' e southerly Feet of Lot 1, Block 2, Spring Lake Parl i e, the same being 7650 La Road N.E. (Original Lot - sborne Road N.E.) Mr. Deblon stated this w al hearing as required by the subdivision ordinance for a lot spli Mr. Deblon s this lot split was requested back in 1975. request came before t Planning Cor�nission and the Planning Com�ission recomnended the � � 1� r �.._.� . _ . j�.� -� / _�� . `.�'a -' � � � n��....�� -- � 6600 Lucia Lane Fridley 55432 x�y i7, i9g3 Planning dc Zoning Commiggion City of Fridley 6431 University Ave. N. E. Fridley, MN 55432 Centlemen: I�aanuch as I cannot attend your seeting tonight, Mith reference to the property at Missigsippi and Highxay 65. I vould like to express �y thoqghts on the satter. Lucia l.ane has been soned for single fami2y homes for aany years xith the exception of the apartments on the north end of the Lane. I do not feel it to be proper to have a nu2tiple dxellirig of the sise preposed for the corner praperty. I feel there xould be too auch disruption of traffic because of the entzy�+ay on Mississippi. Traffic going in either direction would be hampered by the cars going irrto or out of the lot. I purchased this home in the belief that this rrould remain a single-family area and xould like it to remain so so that ay property values xill not be affected. iie have a lot of extra traffic fron the apaztments and the KC Hall at the north end. Ytry t yours. 7 une H. hn (Mrs.) �� 1J 1B Ka,y 1983 1 K PEPITIO?J :t�R D?NIAL (7AA #83-J�, Ay'J 03,TFCTiO;IS TO �ZONIITG R��J�S1' Tp: t,7TY OF FRI'�I�Y PLANNING W�L'�IISSI0�1 AND C1TY OOODi�L: � Ke, as reaidenLS of Lhe City of �idley, Hinnesota, do hereby protest the zoning requeat described i�i ZOA �ts3-03, for the iollowing reasons: l. �ubject re-zoninR a��licatiun is a request for S.°OT s.onin�; Lhat is to at�y, the olacinR of Qeneral �ulti�le �retli��r� (x-3) right in the �iedle oi us ho�ne- oxnera and citizens of �idley, totallv surrounded by residential single-fa�nily lots t.oned aa ?t-1 (single fa�aily dwellinR unita). 2. 1RA�'IC P'303I.��IS AND �iAZA.�tDS: (a) The �Kni�hts of ^olu:nbus �iall� at the North end of Iucia Lane has a nu�nber of flinctions ¢oinQ ori at all ti�nes, and all vehicles returning from these functions aa Well as those fro�n the Lucia Lane Aoart�nent cor.►olex are routed South on Iucia Lane (tr.ere beine no exit at the Yorth end) to �neet all traffic Lravelling East and West on i�.ississi�vi Street, alrpady know� for its congestion �roblems at this �eint. (b) The x��hway #55 an�] Mississi�vi Street intersection already has a history of taany aerious (and so�ne fatal) acci�ients at this corner. Think what a greater hazard �.ould be created if increase�i tra!'i`ic atte�nDtin� to :nake a left turn fro�n Lhe �iest onto the orovosed site �uld cotlide with traf°ic �oine '�Testerly tryinQ to rac�+ for the green li�ht at the intersPCtion of HiQhway #�b5 and :lississiDpi Street! Also, there is the danQer of rear-ending b!v tra.°fic heacied in an ?•asterly direction for the sa�e reasonst (c) The �iriveway area within the vrovospd comolex �uld be like a hu¢e varkinR lot, witk oossiblv not eneueh roo�n to sa!'ely accomo�iate u� to 29 vehieles (assu�ir.g an averaQe of 2 ve!LCles/cars oer livin� unit). Traffic �nove�nent �rithin the area w�uld oose dan�ers to residents, es�ecially saall childrenf (d) HeaW traffic� `.1oa on all three' sides of the pr000sed site would definitely oose � safaty hazard Lo children Whose �Iay areas wr�uld be adjacent to the trafiic. 3. n:�ciATZOx o? �o:� vau�s: (a) Loss of beautiful trees would destroy t'orever the aesthetic q�alit;► of the area, where otherwise w�nld be built three beautiflil single-family homes a�nong the trees to re�nain oen►vatible with surroundin� residences. (b) Dualexes anci �u1ti�Ie dxellin� units are not as careflilly maintained in general as are sin€le �a�nilv ho�es and lawns, as is de�nstrated by an exs�nation of e�dsting structures in Fridley and surrounding co�n.�unit'_es. 4. �JRD:.N ON &0:'iE0:+1'�S: (a) Sewer an3 water r�ains are r�et equivged to handle auch s large increase in population in such a s�all area; slready a sewer back-uv oroble�n e�dsts at tF.e 3nte�secLion. .;:ulti-uaits �uld cr�ate exoensive raplacement eosta o° water and aewage �ains plus naintenance thereof. 5. Increased density w�uld net be oonsistent with urban and city planning which is designed to orotect the quality of residential life. b. �Te all boueht o•:r hones �rith the knowlad¢e that this land is zoned R-1 ( single Fa+nily dwellings), and as has been state9 in an earlier petition (si�ed bf �nore than 250 uea resideats), �re still xant the uea to �IAIN �-l. /J<[:/)� L� 7 ll May 18, 1983 ' Objectioc�s to proQosed buildings to be oontructed rn the lot bordered by Lucia lane and Mississippi Sts., and Highway 65. 1. S�ot Zoning � 2. Traffic oongestican - exit on Mississippi St. would be hazardous, I have a hard time getting out of my driveway nvw! 3. Good or poor o�nsttuctfon and vost per unit rental or har�.,owner. 4• Sewer Prablems - Burris and Iane are ai dead end sewer lu— i:e City has to back flush this fran time ta time to keep sew�er Iine op�n. A separate direct sc�s�er line to Lucia lane is a NA7ST for which w� i�aneor�mers wnuld be assessed on our taxes. 5. ink�at would prevent an investor fran bK�ying a unit and renting this out. 6. Garbage piaku� - where would cans be placed. 7. 14 Lmits pro�ably would mean up to 28 cars. How many children. 8. Back of v�ndo would face Lucia lane which would not enhance the neighboriiood. That wauld also mean children playing in backyard and nuuZing out rn Lucia lane St. A few years back, the City of Fridley hired a reputable z�ing oatg�any, and paid good m�ney for thgn to rez,one fYidley. Said van�any confirn�ed the original findings of R1 and revannP,nded that this should rg►iain as such, i.e. R1. Mr. Johnson purd�a.sed this property as Rl sane tw�enty years ago and had a�le t.ime tA develop this as it was so zoned. Why did Mr. Johnson hold this property this lo�g. Could it have been his intention to hold �S Pr��Y �til values wpnt up and then try to rezone for a higher profit at the expense of all the hanevamers in the area. I knaa what this property sold for originally and I knvw that three resi- dential houses could be built � this pmperty and Mr. Johnson oou�d still realize a pro�,er profit on his original investment. It has bePn the consensus of the horneawners surrounding this property that three nice residential houses oould be built c�n this property. This would then solve the problem ocioe and for all. We hu�-�vwners would be happy to see that this area be developed as it should, acoording to the regulations and rr�+�i rene.�zts of the zoning oarmission. i2USSELL L. BURRIS ll50 Mississippi St. I� FYidley, Nhz. 55432 ZOA #83-03 L. 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ROBERT ERICKSON STAT E TtZ U tJ IL 1-i t G N V�1 AY N O. `� ------- Z� .._..__ --"° �� - ..._ _... �uc ta �ANE �` 1 0 _-• • _..-_- 9U —• _ •-..-- 1� � � � I � "`---?ia.. �. , � � � � PI�LIC HEARING BEFORE T}� CITY COUNCIL 0 TO NHOM IT MAY CONCERN: Notice is hereby given that there Will be a Publi= Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 11. 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Vacation (SAV �63-01) requested by Petition No. 4-83 described as follows: The easterly 130.70 feet of 54th Avenue be.tween Block 1? and 13, Hamilton's Addition to !lechanicsville. All located in the South Half of Section 23, T-30, R-?v, City of Fridley, County of Anoka, Ninnesota. Generally located between 5380 and 5400 4th Street Northeast. Anyone desiring to be heard With reference to the above matter may be ?�eard at this time. Publish: June 21, 19B3 J�e 28, 19B3 William J. Nee l�layor z CITY OF FRIDLEY PETITIUN COVER SHEET Peci i io�, N��. 4-83 Da[e Received Mdy 31, 1983 �2 object Petition to vacate the Easterly 130.70 feet of 54th Avenue between ��12 and 13, Hamilton's Addition to Mechanicsville Petition Checked By Date Percent Signing Referred to City Council Diaposition 0 0 2A � SAV #83-01 13 � st.�ef � y* 6Q��F•, iie, the undersigned, petition the City of Fridley to vncate the a��ey easement i� ♦ i3 ' /9�ri �' 1�1�t�'��e ' in Block ,,1'�� S o s Addition. We understand if we have the support of 100� of the property owners in this block, Lhe City will waive the �, So.00 regular fee of sT�_ � Nbme ��;C�-c�s�c P i'�/ ��sz �7� �% � �-C �i..cl-?.et.. , C- c� � Address /�, �i!/ G� J�'3 �U �j�" c � 2 �3 • 4+R ,� A�e s'-y�� '. �,,� .��. �� c�tv o� Fql L Y ;�,�t�� . DATE � " SUBJECT DIAECTORATE OF PUBLIC WORKS SAY #83-01 � TO r 2 C' MEMOQANDUM �t . ACTIONI tNFO• The Planning Comnission at their June 8, 1983, meeting recomnended vacating a portian of 54th Avenue between blocks 12 and 13. Hamilton's Addition to Mechanisville, with a stipulation that the city retain a uti�lity and access easement over the southerly 30 feet. � The petitioner, Mr. Zimnerman, desires to construct a driveway and garage on the vacated portion of 54th Avenue, which is also the easement requi red by the ci ty. If the vacation is to be approved by the City Council, they may also wish to stipulate that any construction on the city easement would have to be maintained by the property owner in the event the city had to make any repairs or improvements to the utility line. � •�� . ,: . 0 2D CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 8, 1983 CALL TO ORDER: Yice-Chairperson Oquist called the June 8, 1983. Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Mr. Qquist, Mr. Saba. Ms. Gabel� Mr. Kondrick, Mr. Svanda, Mr. Goodspeed Members Absent: Ms. Schnabel Otliers Present: Jerrold Boardman, City Planner Richard & Sonia Peterson, 247 - 57th Place Lawrence & Joyce Zirrmerman, 5380 4th St. N.E. Laura Vagovich, 5400 4th St. N.E. APPROVAL OF MAY 18, 1983, PLANNING COMMISSION MINUTES: PIDTION BY lDt. KONDRICK, SECQNDED BY NR. SABA� TO APPROVE TXE JUNE 8, I983, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VDICE VOTE, ALL VOTINC AYE� VICE-CXAIRPERSON OpUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. l. VACATION REQUEST: SAV �Y83-Ol, PETITION N0. 4-83: Vacate the Easterly T.� . eet o� �4t� venue-between ��oc cT—s �n3 13, Hami 1 ton's Add i ti on to Mechanicsville, hy the owners of 5380 and 5400 4th Street N.E. Mr. Boardman stated this was the area where Dr. J. C. Schurstein had proposed to put an office building back in Dec. 1980. There is a service road that comes in and cul-de-sacs right along University Ave. 7here is an unpaved alley at this location that is used to service the backs of the properties along 4th St. It also services apartments and some businesses. Mr. Boardman stated the vacation request is for a portion of 54th Ave. between Blocks 12 and 13. The vacation request is being made by the two property owners on either side. Mr. Boardman stated the alley is being used and at some point in time, the City is going to have to pave that alley as long as it is being used. If the alley is paved, they would have to make sure tfiere was access on both ends. At this point in time, the City has been opposed to a vacation of that portion of 54th Ave., primaril,� because there is no way out of the alley, and the logical way for circu)atiQn within that area would be to come up to 54th Ave. An alter- native would be to come down and connect into the cul-de-sac, but that may not be an appropriate way to go. 2E PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 2 Mr. Boardman stated that when Dr. Schurstein proposed the development of an office building in this location. as a condition of the permit, the City Council required that Dr. Schurstein pay for the improvement of the alley. Because of that. Dr. Schurstein did not build, and the a71ey is still unimproved. Mr. Boardman stated that in their consideration of this vacation request, the Planning Commission should consider what is going to be done with that alley and at what point they want access. The Engineering Dept. has said the best possible way for access is back up to 4th St. That would be in direct conflict with this vacation request. Ms. Laura Vagovich, 5400 4th St. N.E., stated she has lived in Frid]ey for 34 yrs. Her house was moved twice, once for Highway 100 and again for I-694. She has maintained this portion of the street for 34 years. She stated she would like to have the protection of not having people going through there. People drive through there and dump things in the bushes and trees. and she has even had things stolen out of her garden. She stated she had assumed for years that this road was already vacated and had maintained it because she thought it was vacated. Mr. Lawrence Zimmerman, 5380 4th St. N.E., stated it was his intention to put up a retaining wall and use the 30 ft. gained from the vacation to build a road to a garage he would build on his property. Mr. Boardman stated that even if they vacated the street right-of-way, they would want to retain the southern half of the street for storm sewer. Mr. Zimnerman stated the most logical way and the cheapest way for the alley access was to go out on the cul-de-sac. Mr. Oquist asked if it would be feasible to put a turn-around area by using the portion of 54th Ave. that is not vacated plus the portion of the street they want vacated. . Mr. Boardman stated that if they are going to retain 30 ft. for easement, why not retain another 30 ft. so if the alley is ever improved, they can get access. He stated if the property owners wanted to fence this portion of the street, they could do so right now. The problem.is that if at any point in time a road would be required to go in there, that fence would be removed at no cost to the City. Mr. Zimmerman stated the main reason for the vacation request is so he can build a garage with access off 4th St. He did not intend to use the alley, because it is 2-3 feet below his property. He is going to have to put up a retaining wall at the back of his property. Mr. Boardman stated �t was his understanding that if the property owner put a fence or a driveway over the easement, if the City has to dig up that easement, the City is not responsible for putting back b7acktop or fencing. It would be the property owner's responsibility to put back whatever was torn up. zF � PLANNING COMMISSION MEETING, JUNE 8, 1983 __ PAGE 3 Mr. Boardman agreed Nith the fact that there is never going to be a street tonnection in there that would utiliZe the whole 60 ft. Ne had no problem with racating Lhe street right-of-way. but they should retain the storm sewer and access easemenL. In that sense, the property is no longer owned by the City of frfdley but by the property owners; but the City would still �etain an easement so if they need Lo go through with a road or access for the alley, they can use that easement. Mr. Oquist stated another alternative +rould be to access by the highway property if the Highway Dept. turns that property over to the City. Ms. Vagovich stated that, as Mr. Zimnerman had stated, the main purpose for the vacation is so Mr. Zimmerman can build a garage and access onto 4th St. They Nill jointly maintain the property. Mr. Boardman stated th at 1f Mr. Zirtmerman puts in his garage and accesses onto 4th St. over the 30 ft. easement, if the alley is improved and comes up to the street grade. it in effect replaces his driveway and he would still have access onto the alley. MOTION 8Y MR. KONDRICK, SECONDED BY �t. SVAJVDA, TO REC�FlblEND TO THE CITY CDUNCZL APPROVAL OF VACATIDN REQUEST, SAV NB3—01, PETITIAN NO. 1-83, TO VACATE 54TN AVENUE ALL THE IdAY TO THE 11IGKWAY PROPERTY 1WD TNAT TiIE CITY OF FRIDLEY RETAIN ACCESS EASEPIENT OVER TNE TOP OF TNE EXISTING 30 FT. UTILITY EASEI�NT. UPGW A VDICE VOTE, 11LL VOTING AYE, VICE—CNAIRPERSON OQUIST DECIARED TXE MOTION GIRRIED 1JNANIPlDUSLY. Mr. Boardman stated the public hearing at City Council on this vacation request N�uld be on July ll. 1983. � 2. LOT SPLIT RE UEST L.S. �83-02 BY RICHARD S SON TERSON: Split off Lot 12 and e Westerly 30 feet of Lot 13, B 1, City View, to make a new Duilding site, Lhe same being 24I - 57th ce N.E. Mr. Boardmar� stated the petitioners own ots �2, l3, 14, and 15. These are 40 ft. iots totalling i6Q ft. of lot ar . They are requesting to split off Lot 12 and the westerly 30 ft. of t 13 so th at Lots 12 and 13 will become a 70 ft. lot. The depth of the 1 is 14Q ft. It does meet the 9,000 sq. ft. 1ot requirement and naeets al other requirements as far as lot splits. A lot split does require a park e of �500. The park fee is payable at the time of approval of the lot spl' request; however, the City Council may defer co7lection to the time the buil ' g permit is requested for individual lots created by such a lot split. This d depend on whether the petitioner requested the C�ty Council to delay payment the park fee. The petitioners were in the audience. � I � 2 G. 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E k� � il � r . � � � +� � /9=C �ti� % / 60 / �� , �i N � -- 3 POBLIC HEARING BEFORE THE CITY COIINCIL Notice is hereby given that there Will be a Public Hearing oP the City Council of the City of Fridley on Monday, July 11� 1983, in the Civic Center at 7:30 p.m. in the Council Chamber Por the purpose of: - Consideration of an amendment to Section 3.07 of ihe City Cbarter of the City of Fridley, as follrn+s: Section 3.07 SIGNING, P[18LICATION, AND RETENTION OF ORDINANCES, RESOLUTIONS, AND MOTIONS. Every ordinanee passed by the eouncil shall be signed by the mayor, or by three other members of the council, attested by the city clerk� published, and recorded. Every ordinanee shall be published at least onae in the official ner►spaper of the ciiy. If the publication of the title and a summary description of an ordinance clearly informs of its intent and effect, the council may by four affirmative votes of its members direct the city manager to publish only the title of the ordinance together xi�h a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city elerk and at any other location designated by the eouncil. Prior to the publication of the title and summary the council shall approve a text of the aummary that clearly informs the public of the intent and effect of the ordinanee. The publishing of the title and s�mary shall be deemed to Pulfill all legal requirements as if the entire ordinanee had been published. Every ordinance shall be recorded in its entirety by the city clerk in a book kept for that purpose Within twenty days after publication of the ordinance or of its title and summary. Proof of tbe publication shall be attached to and filed With the ordinance. All resolutions and motions duly passed at each meeting of the council may, at the discretion of the council, be published in full or in part in the offiefa2 neWSpaper of the city. In Lhe case of partial publication, it �hall be indicated in �rhat respect they are incomplete. Any administrative rule or regulation of any department of the State of MinnesoLa affecting the city or any statute of the State of Minnesota, or any published eode, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto ar�d by marking the three copies thereof as "ofPicial copies" and filing them for referenee and inspection in the office oP the citq clerk. The publication requirements of this charter sha11 be as fully satisfied in such eases by this method as if the material has been set forth in the ordinanee,ia full. Any and all persons desiring to be heard shail be given an opportunfiy at the above time and place. WII.LIAM J. NEE NAYOR Publish: June 15, 1983 Juae 22, 1983 REL33 0 3A 4 PIIBLIC HEARING BEFORE THE CITY COONCIL Notice is hereby given that there vill be a Public Hearing of the City Council of the CiLy of Fridley on Monday, July 11, 1983, in the Civic Center at 7:30 p.m. in the Council Cbamber for the purpose of: Consideration of amendments to Sectioa 6.01, 6.02 and 6.04 of the City Charter of the City of Fridley, as folloxs: Section 6.01 THE CITT NAItAGER. The City Manager ahall be the chief administrative ofPicer of the city. He shall be chosen by the Council solely on the basis of his training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or state but he shall be a citizen of the United States. The city manager shall be appointed for an indefinite period and he shall be removable by the eouncil at any regularly scheduled meeting provided that at least three members of the council vote for the removal. Section 6.02 PAiERS AND DIITIES 4F T'H$ CITZ NAAAGER. Subject to the provisions of this charter and any regulations eonsistent thereWith wbich may be adopted by the cauncil, the city manager shall control and direet the administration of the city's affairs. His poWers and duties shall be; (a) To enforce this charter and the la�s, ordinances and resolutions of the city; (b) To appoint, suspend and remove, any subordinate officer or employee except as other�ise provided in this charter. c) To exercise control over all departments and divisions of the eity administration created by this charter or which may hereafter created by the council. � (d) To attend all meetings of the council, With the right to take part in the discussions but having no vote; but the council may at its discretion exclude him Prom meetings at xhich his removal is oonsidered; (e) To recommend to the council for adoption of such measures as he may deem necessarp for the Welfare of the people and the efi'icient administration of the city's aPfairs; (f) To keep the council fully advised as to the finaneial condition and needs of the City, and to prepare and submit to the council the annual budget. (g) To perform such other duties as may be prescribed by this charter or required by him by ordinances and resolutions adopted by the council. Seotion 6.04 SIIBORDIxATB OFFICERS. There shall be a city clerk, city treasurer, city attorney and such other officers subordinate to the city manager as the council may provide for by ordinanee(s), appointed by the city manager with approval of the council. The city clerk shall be subject to the direction of the city manager and shall have such duties in conneetion with keeping of the public records, the custody� and disbursement of the public funds, and the general admiaistration of the city's affairs as ahall be ordained by the couneil. He may be designated to aet as secretary to the aouncil. The eouncil may by ordinance abolish offiees Which have beea created bq ordinance and it may combine the duties oP various offices as it may see Pit. Any and all persons desiring tao be heard ahall be given an opportunity at the above time and plaee. Publish: June 15, 1983 June 22, 1983 3/0/27/2 MILLIAM J. NEE MAYOR 4A «M,; �,- �• ��_ :,1 :��i.�.�:.� �.' :_�� ffi�i� �� Q't'Y � '10 WEDM IT MAY �NN(ERN: Notioe is hereby given that there will be a Public 8earing before the City Manager of the City of Fridley in the City Hall at 6431 University Avenue Northeast on l�bnday July 11, 1983, in the Co�a�cil Ct�ambers at 7:30 p.m. for the purpose of: Conducting the administrative hearing regarding consideration of expenditures of Revenue Sharing Funds for 1984. The City of Fridley would like to exte�d an invitation to all �citizens and particularly senior citizens to participate in the Public Hearing on Revenue Sharing flmds, and to make written or oral oannents. The �appropriated f�mds on hand are none. The eacpected funds to be used for 1984 are S187,000. Anyore desiring to be heard with reference to the above na tter will be heard at this meeting. Publish: J�e 22, 1983 I�SIM M. 4L7RF5HI City Manager � 5 C�t7 at MQlq� �laa�aoLa tf00••■ •�DOf! 1�ii i�oa� 3aaria� D�tail RLSG/�L nsr�=�rt as�vzcss cmr Mu�aa�rr Tor Lpro�ed oouuuioatioa ohaoa�l� �10.000 �ritD t6e puDlia. (Part ot ?uD11e Iotoisatioa troPa) tO1�ICi • . �or iapro�ad ori�e pr��atioc aod ?8.000 puDlic avar�tissa. (Part of Poliw Special Pro�ects h�oQa� aad TielE Opsr�tioas) R�E �or Eett�r fire �upyression. (tart -0- ot lire Suppr�ssion Pro�a�) u�w.LS�r Tor oo�munit� nat�w intr�pretatioc. 39r�0 (Part of Mature tct�rpretatioo ho�ae ) T�ItLS ior Lpro�ins ec�iroaeental a�stL�tics 13,OOQ ot public landa. (hrt ot Land�oapin�/ Muraery/Aefor�atration Prop�am) ►or tipro�ia6 tennis f�ci2lti�s. -0- (Part of �thletic �r�as Prop�am) tECRE�2I0N For Lproving cultural tad arta. 2,000 (Part ot Cultural aod �rts Prop�a.) For lapro�iag s�nioea to senior citis�aa, 6�000 L�eaa. (Part of BoDDies/CluDa ?raPao) For annual oommuait� o�l�bratioa. 1.000 (Part of Special Srreat• lro�ram) Tp2�1, i99.000 ' . �LID ]'Ol�1. i OT�R saass t 9.000 2.000 2,000 1�.000 6.500 �0- 5.000 ♦,000 �,000 N3. Soo �SO�l�i h� i2 �I.1.00J?� 11J1 CttlT�t. 00lLtI -o- /d,500 l�ro Car� 15.000 R�acue �an (Partial Pant) �0- 5�000 Laadsoapin6 6.000 Court O��rl�y -0- —a -a f ��500 1 000 e . I SA �•�� r- e AN �2DINANCE ADOPTING A NII�T CHAPTER 3I OF THE FRIDZEY CITY O�DE II+TTI'II.ID "GANID�LIl� I�VIC�S" �e City Oaa,cil of �e City of Fridley cl�es ordain as follaws: 31.01. S'rATFI�I'P OF POq,ICY Rfie City of FYidley c3eens it desirable to establish a systen for the lioensing, regulation and �ontrol of gaanbling devioes as authorized by Minresota Statute 349.26. 31.02. L'�:FINIT�IS When used in this Q�apter, ti�e following terms have the follawing meanings. 1. GaQnbling Deviaes. �ose gambling devices knawn as "paddle wheels," "tip boards," "ticket jars," or "pull tabs" or apparatus used in conducting raffles. 2. Paddle Wheel. A wheel m3rked off into sections aontaining one or more numbers and which, after being turned or spun, uses a pointer or marker to indicate wi.nning chances. 3. Tip Board. A board, placard, or other devioe measuring at least twelve (12") inches square, marked off on a grid or similar pattern, in which each section contains a hidden number o� rum�bers, or other symbol, whidl determines the winning chances. 4. Raffle. A game in whi� a participant buys a ticket for chance at a prize with the winner determined by a ranc3om dra�ring. 5. Pull-tabs and Ticket Jars. A single folded or banded ticket or a card, the face of which fs initially covered, or otherwise hidden fram view, to conceal a n�nber or set of nimibers or a symbol o� a set o� symbols. A f ew of the nianbers or symbols out of every set of pull-tabs will have been desic�ated in advance and at random as prize winners. A participant ,�,� pays a oonsideration to an operatac for an op�ortunity to obtain a �4 folded or ban8ed ticket o�c a card, view the rna�ers or syrnbols on ft �`;; and possibly obtain a prize-winning pull-tab. STATII�1'P OF POZ,ICY . � �. � 6. Prof it. �he gross reoeipts fran the aperation of gambling devices anc7 the oonduct o� raffles, less reasonahle s�n.s e�ended for prizes, local lioensing fees, taxes and maintenanoe aosts for the devioes. 7. Active Member. A menber who has paid all of his dues to the organization and has been a menber of the �ganization for at least six (6) nnnths. 31.03. LICFl�1SE RF7QU�tID No person shall directly or indirectly operate a garnbling device or oonduct a raffle without a license to do so as provided in this Chapter. 31.04. PIIi.9Q�1S II,IGI�LE POR LIC�ISE A lioense shall be issued only to fraternal, religious, and veterans organizations, or any corporation, fund foundation, trust, or association organized for exclusively scientific, literary, religious, charitable, educational, or artistic purposes, o� for the purpose of making contributions to or for the use of United States of America, the State of Minnesota, or any of its politica2 subc7ivisions for exclusively public purp�ses, or to clubs organized and operated exclusively for pleasure, recreation, other non�xofitable purpos�s, rb part of the net inoome of whidi inures to the benef it of any private menL�er, stockhol3er, � individual. S�rh organization must have been in existence for at least three (3) years and shall have at least thirty (30) active menbers. 31.05. LI(�]SE FEE (S) AND LICQISE YE�lit 7he lioense feets) and the license year shall be as set forth in Qiapter 11 of �e City Cbde. 31.06. APPLICAT�IN Appli�tion for a liaense shall be made to the City Clerk on such forms as the Qerk may from time to time pzovide. No person shall make a false representation in an application. The City Council shall act upon said application within 180 days £rom the date of application, but shall not issve a license until at least 30 days after the date of application. 31.07. PROFI'!5 Profits fram the o�eration of gambling devices or the conduct of raffles shall be used soley for lawful purposes and as authorized at a regular meeting of the organization. "L�aful purpose" means one or more of the follawing: 1. Benefiting persons by enhancing their opp�rtunity for religious or ec�cational advancement, by relieving or protecting them from clisease, suffering, or distrP.s.ss, by oontributing to their physical 6A •a • �• �• �� LICF�JSE F�IGIBII,ITY LIC}�ISE FEE (S) AND LI(}�1SE YF.1�it APPLICATIDTI • ;�• �. we11-being, by assisting then in esta4lishing thenselv�es in life as worthy and usefal citizens, oc by increasing their apprehension of and devotion to the pcinciple upon whid� �is nation was founded. 2. Initiating, performing, or fostering worthy public works or enabling or futhering the erection or maintenance of public structures. 3. Lessening the burdens borne by government or voluntarily supporting, auc�nenting, or supplenenting services which government should normally render to the peoQle. 4. The improving, expanding, maintaining, or repairing real prc�erty awried or leased by an organization. "Lawful purpose" does not include tr,e erection or aoquisition of any real property, �less the local unit of government specifically authorized the expenditures after finding that the property will be used exclusively for one or more of the purposes specified above. �1.08. no��s, 31.09. GANID�LIldG MANAGIIt 1. Duties and responsibilities. All operations of gambling devioes and the oor�duct of raffles shall be tazder the supervision of a single gamUling manager designated by the organization. The gambling manager shall be responsible for gross reoeipts and profits fran the gambling devioes and raffles and for their aperation. �he gambling marsager shall be rPSponsible for using prof its for a lawful purpose. z. �a. The gambling manager shall give a fidelity bond in the sum of 510,000 in favor of the organization conditioned on the faithful performance of his duties. Terms of the bond sha11 provide that notive shall be given in writing to the City not less than thirty (30) days prior to its canoellation. 7l�e City CAUncil may waive the bond requirenent by including a waiver provision in the license issued to an organization, pravided that a lioense cnntaining such a provision shall be granted only tr�r ca�animous vote. 3. Qualification. A person may act as both g�nbling manager and bingo manager for a single organization, but a gambling manager for a single �ganization shall not act as either a g�nbling manager or a bingo manager for an� other organization. A gambling manager for an organization sriall be an active member of the organization. ��,� • i�� G�LIl�G MANAGIIZ . 4. Compensation. No �ipensation shall be paid to any person in oonnection with the operation of a gambling device or the conduct of a raffle by a lioensed organizaton. No person who is not an active member of an organization, o� its auxiliary, or the spouse or surviving sp�use o� an active member may participate in the organization's operati on of a ga�nbling devioe or v�nduct o� a raffle. 5. Investigation. Rfiere shall be a polioe investigation each time a gambling manager is appointed for the lioensee. An ir►vestigation fee shall be paid as set forth in Qzapter 11 of the City Qoae. � � • �•� •� � • �• r � ia ►. l. Gross Reoeipts. Each organization lioensed to o�erate gambling devices shall keep recorcls of its gross reoeipts, e.�enses, and profits for each single gat3�ering or occasion at which gambling devices are operated or a raffle is oonducted. AI1 deductions from gross receipts for each single ga�ering or organization shall be d�cumented with reeeipts or other records indicating the amount, a description of the purchased iten or devioe or other reason for the de�ction, and the recipient. The disposition of prof its shall be itemized as to PaY�► P�Pose, aano�mt, and date of payrt�ent. 2. Separation of f�ds. Gross receipts from the operation of gambling devices and the oonduct o�f raffles shall be segregated from other revenues of the organization, including bingo gross receipts, and placed in a separate account. T'he person who accounts for gross receipts, expenses, and profits fran the aperation of gambling devices or the oonduct o� raffles shall not be the same person who accounts for other rev�ues of the organization, except that such person may be the same person who acoo�mts for bingo gross receipts, expenses, and prof its. 3. Monthly re�ports. Each organization livensed to operate gambling devioes or to ao�uct raffles shall report monthly to its membetship, and to the City C1erk, its gross receipts, expenses, and profits from gambling 3evioes or raffles, and the distribution of profits itemized as required in this Section. Reoords required by this Section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of gambling devices and the o�nduct o� raffles for public inspection at reasonalale times and plaoes. i• a�•� • � • a• r � i� ►. 6C 31.I1. FI�IGIBI�E PRII�'IISES Gambling devices shall be operated and raffles conducted by a liaensed organization only upon prenises which it awns or leases except that tickets for raffles oonducted in accordance with this Qiapter may be sold off the prenises. Leases shall be for a period of not less than one (1) year and shatl be in writing. • No lease shall pcavide that rental payments be based on the percentage of reoeipts for profits from garnbling devices or raffles. Copies of all these shall be filed with the City Qerk. 31.12. PRIZFS Zbtal prizes fran the aperation of paddle wheels, tip boards, and pull-tabs awarded in any single day in whidi they are aperated shall not exceed 51,000. Zbtal prizes resulting fran any single spin of a paddle wheel, fran any single tip board, or fran any single pull-tab shall not exceed 5150. Zbtal prizes awar3ed in any calendar year by any organization fran the aperation of paddle wheels, tip boards, and pull-tabs and the oonduct af raffles shall not exceed S35,OQ0. Merchandise prizes shall be valued at their fair market retail value. 31.13. BII�O Nothing in this (hapter shall be aonstrued to authorize the conduct of bingo without acquiring a separate bingo license under the pravisions of Qiapter 29 of the Fridley City Code. 31.14. 0� GA[�LII� Nothing in this C�apter shall be construed to authorize any use, possession, or operation of: l. Any qambling deviae which is activated by the insertion of a ooin or token. 2. Any gambling game or c3evice in which the winning numbers, tickets, or chanoes are in arry way determined by the outcome of any athletic contest or sporting event. 3. l�ny other gambling activities prohibited by law. 31.15. RE�VC)CATIDN O�t SUSPFSION OF LICE�ISE �e City Council shall have i-he power to suspend or revoke the liaense issued to any organization for violations of any of the regulations or terms of this ordinanoe. �e organization shall be given tw�ty aays notioe and shall be granted an opportunity to be heard before sudi action is taken. F�IG�I�E PR�'r+IIS�SS PRIZFS : � �� • ►• �,• �• � SUSPfI�]SION �t g�yOCATmN . I 31.16. PENAI,TY Whoever d�es any act forbidden by this CY�apter or amits or fails to cb any act reguired by this Qiapter shall be guilty of a misdaneanor and is subject to all penalties pravided for such violations uncler the pravision of Q�apter 901 of the �ridley City Code. 31.17. SEVII2ABII�ITY Every section, provision or part of this Chapter is declared separable fran every other section, provision or part to the extent that if any section, provision, or gart of this Chapter shall be held invalid, such holding shall not irYValidate any other section, p�avision or part thereof. �� SEVIItABII.IR'�t PASSED AND ADOPTID BY �4iE CTTY a7UI�IL OF ZiiE CITY OF FRIDLEY 'II3IS IIAY OF , 1983. ATI'ES'T: STLNEY C. Ila'IAN - CITY CLII2K First Reading: Seoond Reading: Publish: 2/2/10/25 June 20, 1983 WILLIAM J. 1�E - MAYUR GE o�irmrxE rD. � AN O�II�NCE AMEAIDING (�iAPTER 11 OF 7� FRIDLEY CITY O�DE BY ADDII� �AIN FEFS ArID A CITY �DE N[�F•R The Camcil of the City of Fridley does ordain as follvws: (�IAPTER 11, SECTmN 11.10 FEFS Chapter 11 of the Fridley City Code shall be amended by addir►9 the follawing: ..- , 31 31 �bject Gambling Devioes (operation and maintenanoe) Gambling Devioes (investigation fee) Fee $200/year $50 per manager PASSED AI�ID ADOPTED BY �iE CITY �UNCIL OF TEIE CITY OF FRIDLEY THIS __ __ L1AY OF . _ ��. 1983. AZT�ST : SIDNEY C. II�D�'!AN - CITY CLERK First Reading: Second Reading: Publish: 2/2/10/24 June 20,_ 1983_ _ WILLIAM J. I�E - MAYOR GF C � FOR CDNCURRENCE BY TNE CI1Y COUNCII APPOINTMENT - ENERGY COMMISSION 7 Tabled ENERGY COMMISSION APPOINTEE TERM EXPIRES RESIGNING MEMBER 4-1-84 � Jerry Cichos2 7509 Tempo Terrace N.E. jResigned 10/19/82) 4-1/85 Todd Tessmer 6890 Channel Rd. N.E. (Resigned 5/23/83) �� Appeals Commission Meeting - June 28, 1983 Page 3 After further discussion, Ms. Gabel, Mr. Plemel, Mr. Barna and Mrs. Gerou agreed Mfth three 7 sq. ft. signs, the elimination of the Truck sign the 47 ft. height of the primary sign. MOTION by Mr. Plemei, seconded by Mr. 8arna, the Appeals Comnission recommertd to the City Council, approval of the var ce �equest to increase the size of a free standing sign from the maximum 0 sq. ft. to 241 sq. ft; to increase the height of a free standing sign fr the maximum of 25 ft. to 47 ft.; to increase the size of the three directional gns from 4 sq. ft, to 7 sq. ft.; and to decrease the setback from right-of-wa r a directional sign from the minimum of 10 ft. to 2 ft.; all located on Parcel 50, 4360, N� of Section 12, the same being 7501 Viron Road N.E., Fridley innesota, with the stipulations that the Trucks sign shall be eliminated, the sq. ft. directional siqn shatl be eliminated and the Parts b Service dire ional sign shall be moved to the other side of the driveway. UPON A VOICE VO , ALL VOTING AYE EXCEPT FOR ONE ABSTENTION, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED. 2. SSent Back Ftom Council) VARIANCE RE(�UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK ON THE LIVING SIDE OF A HOUSE FROM THE RE�UIRED 10 FT. TO S FT. TO ALLOW PART OF A CONVERTED GARAGE TO BE USED FOR A BEAUTY SHOP, LOCATED ON LOT 18, BLOCK 4. BROOK- VIEk' TERRACE, THE SA.*� BEING 901 OVERTON DRIVE N.E. (Request by Glenn Van Hulzen, 901 Overton Drive N.E., Fridley, !�l 55432) MOTION by Mr. Betzold, seconded by Mrs. Gerou, to open the public hearing. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:17 P.M. Mr. Clark said he was not sure they needed a public hearing for this item as it was sent back from the Council to the Commission to reconfirm or reconsider the interpretation of living space or accessory building and that staff checked the State rules and that it would be possible to interpret the State rules that the beauty shop must be operated from the living space from the house. Mr. Clark felt they could not consider that valid in the City zoning laws as it would disrupt their home occupation definition and they would have to allow machine shops, body shops, mechanics,etc. Ne said the staff feels the first interpretation is the proper inter- pretation. He further stated that staff spoke with Mr. Herrick's office (to Mr. Neumann) who did say that Councii could approve the variance for a specific use for a defined period of time. Ms. 6abe1 stated the only issue here is the definition of living space. Mr. Betzold said the State rules have a fairly narrow definition and that certain parts of the tame are not living space; the City looks at whole home as living space and it is their jo6 to interpret the City Code. Mr. Plemel asked if this was to cbange their thinking on the lot line. Ms. Gabel explained that they are being asked to determine whether or not this is living space and the staff has interpreted this as living space which is why it requires a variance and they are asking if the Commission agrees with this interpretation. Mr. Plemel said if it is an accessory building, it can be 5 feet from the lot line and if it is living area, it has to be 10 feet from the lot line and that he concurs with staff in that he considers it living area. � � 8A �peals Commission Meeting - June 28, 1983 Page 4 Mr. Betzold asked what the result would be if it was not determined as living space. Mr. Clark said then no variance aouTd be necessary. He said the interpretation of the code is consistent, garages are accessory buildings, that they have allowed home occupation in living spaces, not garages -- home occupations cannot take place in an accessory building. He further explained that if the a�ea is goi�g to be a beauty shop and it is a living space, then it needs a variance�and to ask if living space was properly defined in the beginning. , MOTION by Mr. Betzold, seconded by Mr. Barna, to close the public hearing for the purpose of v�ting to determine the issue of living space on this matter. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 6:30 P.M. MOTION by Mr. Betzcld, seconded by Mrs. 6erou, that, upon the Commissfon's review of their original determination of living space in this matter, it has been determined and affirmed that their motion was based on the issue of living space and this is living space. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ' MOTION by Mr. Betzold, seconded by Mr. Plemei, to open the public hearing to determine whether or not there is additional information available at this time regarding the Cpmmission's original recommendation to the City Council on this matter. UPON A VOICE YOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:33 P.M. Mr. Van Hu12en, Mr. Kramer and Mrs. Doyle were present for this matter. Mr. Van Nulzen felt it was an interesting approach to designate a vartance for a particular purpose (beauty shop) and felt it would be a comp�omise satisfactory to everyone. Mrs. Doy1e safd she attended the City Council meeting and that she�still does not tare for the 5 feet from the lot line but that she spoke further with Mr. and Mrs. Yan Hulzen and she is a little more comfortable with the beauty shop but asked that it be restricted to the Van Hulzens only and that Mrs. Van Hulzen promised not to have the beauty shop chair in the front window. Mr. Clark asked if she objected to the living space and Mrs. Doyle said she would not want a precedent set and is willing to compromise. Mr. Clark said the staff has a hard time keeping track when homes change ownership and they can keep track on a complaint basis and they could grant�a variance for a specific nse for a specific period of time. Mr. Van Hulzen said the State Board licenses beauty shops annually and they wi11 have a very re- stricted beauty shop. Mr. Betzold asked ff they would be in violation of the code if they did business 7 days a week and Mr. Clark said they would not. Ms. Gabel asked if they could grant the variance exciusively to the Van Mul2ens and have the Council work out the legal. Mrs. Doyle suggested having the Van Hulzens come in annually. Mr. Clark said they could have a letter requesting extension for another year and could not foresee a prob�em with,the Council.acting on an annual basis. Mr. Kramer spoke in favor of the variance and believed it wilf be a very restricted type of business and he is not concerned about traffic and that he can see the house out of his front Mindow and thougfit that the changes wi11 look nice. � �peals Commission Meeting - June 28, 1983 Page S Mr. Betzold questioned the hardship i� th�s matter. Mr. Van Hulzen said the main hardship is that his wife wishes to take care of the family and still �vork. that she needs the job and this is the least expensive and most economical �ay to accomplish this. He said other options Nould cause considerable disturbance and expense; the entryway wou�d then have to be through the back yard into the basement and through the laundry room and the pool in the back yard wouid have to be fenced off. He felt this Mould also be additional disturbance to t�e neighbors a�d the existing �rea is the right size. Ms. Gabel felt the hardship is now defined much better and stated she had visited the area and there would be a safety factor with customers and the pool and the construction costs are obvious and this appears to be a better May. MOTION by Mr. 6etzold, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VQTE. ALL VOTING AYE. CHAIRPERSON GABEL DECLARED ;NE PUBLIC HEARING CLOSEO AT 8:50 P.M. Mr. Plemel said the original oDjection of the neighbor's dissatisfaction has now been removed in this matter and he has no problem with the variance. Mrs. Gerou and Mr. Barna concurred. Mr. 6etzold felt the additional information has clarified the issues. t�+pTION by Mr. Betzold, seconded by Mrs. Garou, that the Appeals Cortmission has reconsidered tts earlier recommendation to the City Council, and based upon additional information presented that was not available at the last hearing on this matter, the Appeals Comnission recomnends to the City Council approval of the variance setback on the living side of a house from the required converted garage to be used for a beauty shop, located Terrace, Lhe same being 901 Overton Drive N.E., Fridley that this variance be restricted to the use of the Van rantea tor a er �cense � renewe one vear an by the City Council. UPON A VOICE MOTION CARRIED UNANIMpUSLY. request to reduce the side yard 10 feet to 5 feet, to allow a on lot 18, Block 4, Brookview Minnesota with the stiaulation Hulzens only, that this is ual� at the same time the State VOTE, AI.L VOTING YE, CHAIRPERS N 3. AE�UES? FOR VARIANCE PURSUANT ?0 CHAPTER 205 OF ?HE F EY CITY CODE, TO REDUCE THE RE UIRED FRONT YARD SETBACK FROM 48.7 F.. TO 42.0 FT. ON LOT - -4---- -- - 27 AND ?HE S'� OF LOT 28, BLOCK 4, OAK GROVE AD ION, THE SANE BEING 6573 ARTHL'R S?REEI' N.E., TO ALLOM' FOR A.� AD IOh TO 7'HE FRO�T OF TNE Dk'ELLING (Request by Colin T. Gerrety. Arthur St. N.E.. Fridley, !AI 55432) MOTION by Mrs. Gerou, seconded by Mr, zo1d, to open the public hearing. UPON A VOICE YOTE, ALL Y07ING AYE. CHAIRPE N 6A8E1 DECLAREQ THE PUBLIC HEARING OPEN A7 6:55 P.M. Chairperson Gabel read the ff Repori: •DM�IS?!t�lIYE ST�FP �EPOlC! 65T3 �rtbur str��t ■.t. •. nTBl.IC !DR SE SERTED �T lBQ�IR�R: �ctioa 205.153 t2) r�Qyires tbaa the ■ini�um� t�e averaa oa �itDer a10e sDall pre�ail� l�ss. tIIat io aress YitA troat Tard setDacks �reater e of t�e setDack� tor OuildSnaa vitbia 100 feet tritD a deviatioa allovea of ais ftet •ore or � 901 Overton � l �I►ppRyE1' Tp1. lAlp A00. t=== ' � —�+ ��r j—� ::4\ � /,.7`� t-. � � � J / �� " • • a + : 'q ,, .�3� . . ► �� i � } �� R � S -� ��::; � ', • � ; � � i r i -�, _ � � �� . :� , s s . � ' -•!'';`o p `�, � �'�' � �o 1 r-+q � t . � . �j_ • ,� ,� .i, ?i•F�d, � '�� . , "" �; ��i."�` ^ ,i�C �; � �t�"�l�.--� v~�. � .7 � *!� O, `�•�• : �'�� /'� � � i i� t '� ; � ?i -;�'ra, r' --�7, � ! ! � ` � � r :� N� i •:�� / � .•`. '� � _�. � ^ � • t. ' �f' • � � eROOicviEw,tisECaN ,►o� � �`-' � �: '-� j'�- ' ,S� ; ^ � � _' : �' � �' O � , T •..vo..�� _ _' " , - --- ' • - Z� �� L - ' — �•-. s�{-. .� fT�TELTqNMR M��r No. tS � -- - , — - _ � -- 2 � �y �� . ,..� � n � � � 4'�� W � � s � �N .� � N 8C . . --Z • - � _- — —r � 'A � r e f �. a u �� i� � ■ — `�.L.� � S��w � � � �,` ~ ra �.�.��. 1 ,` y •' � 'Yt } � ��4� r _�__� � � — �� ♦ ' j — �� . ,. i ,� - .ww. w �t - — - ,R � �v'�ti7 � g •:,s. .. .:ie •:'z •�•�.i , � 't � �1;1r`�.�i • � '�' ' �. ; :ar.., ... - ,�.. _�.�_., f+ ',��1�V.n1� � 8 � •�-. . � , ' � � t rrtt !r. aC ' _ _ _- . - � � :�[�..`i;.`�. i :�li' .:tt: .rae► ____"'�" Y,. :..-.:. ..+_ ~ :::�...p` . ;• �� ..o.�.' .. � ,.� i i� � ' :�..,�►..... � :�•��•:- j : �� ,- � � i �^� �!'�:!_ w -'4°•°i'•��. � �, ; - ;�,�,i �: ' �y. ; �� n.c �; x • y �4;E��a ' ��. '��• `Op/T/oA(' � coro�" ' i i • v ' � :f �" � ` � ------ � � ° :� t►I�RR :VA !+ � V' _'--- ii, i wl��s`�' ' • � � �a, � � s � ��..4 :� � RaUISEY C�U��TY •ga�� . %.: r. _ ��,— --•".�- -... ..—�+—,�.�.� • • • , � . ' • �• • � gp 1 Overton �rive , ' • - ' � • Gl e�n• Van Hu zen Le�d %�s�"nJ � . ' �Dl�s�as�v.Jl AtE � to.+S�.�ry:q . • . • I�,,,,,p„�S � �'s�'� � � . � : ENGINEERING� INC. �� ./ � w.�r . . �,,.� �"�"''�► . � --- fn9ineers ' � Surveyars --- . C!'lt��lCd�e O� S1ltire �� IRV/NG L 1VELSON 1 � . . � '`'+• ,orw� oF ��s � :J � . • , 4, —A � � , � DCHIBlT No- '`` - ��-;;'. ��';�nr�o or►�=�� g .ti ;� -� �� .� �/ � • ' �I ��O i . . , � �[/,( [�i�+� • � �,�r . • � � ♦ � � . , ��y ._ // .�� . 9' �. � :�' f,�, rvs� ah� �rto� .; � � �_. �` . �" �� s �� .t �� `: , � ' �-' V � �\ � � f� � � , G�� r L�i/��'/:.c�� - ♦ �� . _ _-_ . � _ • "� ' '� � , � . .. � � . }—� `�. /� � � �- - / •� �•, . � : ;:. � � . �� . _.. �� . � �t' � '� � . ►� � . . _ � � . �a =� �s i . .� y � /f • • �; � / � .�y� > �-, �•i Lao4''`• i : !'l' TEA:'/s- �o � � � • •. . : .' ' _ ��o` ,�� ti� \ �` : � �''�t .1 M` , ' ., - . / �e�rby cr /�'y 16�f �s s o h�s o�d mr+sd �ass�•tir► �'i a+r.ey �it In.►, � •, ' /d, �d � ��o�bn �i'i/ A�:Id�s , Alyrrr . ��1� �siit �w�lj . {'l. �sw r w�r�/ I�d As .. ' f �. /yl /� bS1. '• .S� uRQNV fMW�ERGvG . /A�.. \ _ .. �"!�-'� A '`'` ' i:`��(. � , . - '•' � • �� , t�' ORDINANCE N0. U 08DI�AliCB U�DDG 38C?I011 3.07 � S� CIZ? CBARTBR OF ?� CI'1'Z OF FRIDI.BZ (CI?Z CODB S8C?IOH F lQSC.) THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That the following aection of the Fridleq Charter be amended as fol lrn+s : Section 3.07 SIGNZNG, PUBLICATION� llND RETENTION OF ORDINANCES, RESOLOTIONS, AND MOTIONS. Every ardinance passed by the council shall be signed by the mayor, or by three other members of the council, attested by the city clerk, published, and recorded. Every ordinance shall be published at least on�e in the official nexspaper of the city. IP the publication of the title and a summary description of an ordinance clearly iaforms of its intent and effect, the council may Dy four affirmative votes of its members direct the city manager to publish only the title of the ordinance togeLher t�ith a summary, With an added notice that a printed copy oP tt,e ordinance is available for inspection by any person during regular office hours at the office of the city clerk and at any other location designated by the council. Prior to the publication of the title and summary the council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinaace. The publishing of the title and summary shall be deemed to fulfill all legal requirements as if Lhe entire ordinaace had been published. Every ordinance shall be recorded in its entirety by the city clerk in a book kept for that purpose Within tWenty days after publication of the o�dinanee or of its title and summary. Proof of the publication ahall be attached to and filed With the ordinance. All resolutions and motions duly passed at each meeting of the council may, at the diseretion of the eouncil� be published in full or in part in the official ne�aspaper of the eity. In the case of partial publication, it shall be indicated in r+hat respect they are incomplete. Any administrative rule or regulation of any department of the State of Minnesota affecting the city or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinanee by rePerence thereto and by marking the three copies thereof as "offieial copies" and filing them for reference and inspection in the oPfice of the city elerk. The publication requirements of this charter shall be as fully aatisfied in such cases by this method as if the material has been set torth in the ordinance in full. PASSED AND ADOPTID BY THE CITY CODNCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1983. . ATTBST: SZDNEY C. INMAN - CITY CLERR Public Hearing: July 11, 1983 First Reading: Second Reading: Publish.......: R�33/ 10/22 i1ILLIAM J. NEE - NAYOR 9R 9B CITY OF FRIDLEY MEMORANDUM MEMO T0: NASIM M. QURESHI, CITY MANAGER FROM; WILLIAM C. HUNT, PERSONNEL OFFICER SUBJECT: ORDINANCE AMENDING SECTION 3.07 OF THE FRIDLEY CHARTER DATE: JULY 7, 1983 The first reading is being held on an ordinance amending Section 3.01 of the City Charter entitled, "Signing, Publication and Retention of Ordinances, Resolutions and Motions", which contains a charter provision to allow publication of a summary descriptiort of an ordinance. This ordinance is substantially the same as Ordinance No. �67 adopted February 7, 1983, by the City Council. The changes are basically in organization and phrasing in order to clarify the paragraph, and it is difficult to lay this out in legislative form since the entire paragraph has been rewritten for �rganization and style as well as phras�ng. Accordingly, it does not lend itself to simple additions and deletions of phrases. Perhaps the best comparison is with the document as passed February 7, 1983 which is enclosed. WCH/ms Enc: Ordinance No. 767 � ••.� �•, •.: . •'.1 !•.. �• ii �� 1 :'��r 1• ' 1 • " .:1' N ►: �• •,- .:1" M • ' 1� :� M •� �' :+�w I• ` 11: �.1 •� � • ►'1 M i ' /� �• �. �' � • I -�. • 'Rt�at the follcwing section of the Fridley City �arter be avnended as fcllcws: 8ecti� 3.07 SIGt+TII� H1D POBLICATIDN OF O�tDIIZAN�S 1M1D PUBLICAT�1 OF MII�NiES. Et►ery ordiranoe passed by the ocuncil shall be siqned by the mayor, or by three other members of the council, and attested by the city clerk upon passage thereaf and shall be by him filed and reoorded in a book kept for that purpose and preserved. �ery ordinanoe shall be published at least once in the afficial neaspaper of the city. If the city council determines that publication of the title and a s�mnary af an ordinance Would clearly inform the public of the intent and effect aE the ordinanoe. the o�uncil may by four affirn�ative votes of its menbers direct that only the title of the ordinance and a s�nrtary be published with rotioe that a printed oopy of the ordinanae is available for inspection by any person durinq regular office hours at the offioe af the city clerk and any other location which the oo�cil designates. A o�py of the entire text af the ordinanae ehall be posted in the community library, if there is one, or if �ot, in arty other public location which the o�uncil desi�ates. Prior to the publication of the title and s�unary, the aa�cil shall ap�prove the text of the s�ry and determine that it clearly informs the public of the intent and effect of the ordinanoe. �e publishing of the title and surQnary shall be. deemed to fulfill all legal publication requirements as oanpletely as if the entire ordinance had been published. Proof of the publication shall be attached to and f iled vith the ordinance. E�ery ordinanoe shall be reoorded in the ordinance book within twenty days after publication of the ordinanoe or its title and s�rm�ary. All resolutions and motions ci�ly passed at ead� meeting of the a��a,cil may, in the discretion of the o��cil, be published in full or in part in the of f icial newspaper of the city. Any a3ninistrative rule or regulation of any department of the State of !linnesota affecting the city or any statute of the State of l�linnesota, or any published oode, specifications or regulatfons prepared by an official or unoffical organization for general circulation in use may be dc3opted and incorporated in an ordinanoe by reierenoe thereto and by marking the three aopies thereof as 'official oopies' and filing them for seference and inspection ir, the office of the city clerk, and the publication requirenents of this charter shall be as fuZly satisfied in sudl cases by this method as if the said material has been eet forth in the ordinanoe in full. PASSID AND ADOPl'ID BY � QTY �XXJNCIL OF' � CITY OF iRIII.EY �IIS 7R4] AAY O£ FF�HIJARY, 19ffi. WII�.IAM J. I�E - MAYOR AZ'IF5'P: �C ` ..�� SI�'Y C- �� - CITY Q�RR First Reading: January 24, 1983 Seoond Reading: �uaiy 7, 1983 Publish: i�ebcuary 16, 1983 ?�2/19/1 9C 9D CHARTER COMMISSION MEETING, MAY 19, 1983 PAGE 2 was that "the Charter Carmission sha11 submit to the City Council the recommended changes in Section 6.01 as passed at the March 17, 1983, meeting of the Charter Commission, Section 6.02 as previously submitted and Section 6.04 as previously submitted to the City Council for their action." 1. REVIEW NEW DRAFT FOR SECTION 3.07: Mr. Hunt stated the Commission members had a new draft of Section 3.07. He stated most of the changes was just in rearranging in in clarification. If this document is passed at this meeting, it would be expedited and sent on to the City Council with a letter from the Chairperson, rather than waiting for September and the approval of these minutes. Mr. Hunt stated that on Ordinance No. 767, at the bottom of the page, it said "First Reading", "Second Reading", and "Publish". According to State Law, the City Council must have a public hearing, and a public hearing was never held. Therefore, this is not a valid ordinance. Mr. Hunt stated there are about seven different ways to amend a city charter. The way the Charter Cortnnission chose was to vote on the ordinance change, and send the ordinance change to the City Council. The City Council should then hold a public hearing with at least two weeks notice of the hearing. The City Councii then has to pass the ordinance change unanimously. After it has been passed and published, there is a waiting period before the ordinance goes into effect. The purpose being that if any citizens wanted to raise an issue, they could do so during that time. Mr. Hunt stated that after the 90 days were up and just before it was going to be published, Staff realized there F�ad been no public hearing, so this is not a valid ordinance. Mr. Nunt stated part of the reason for redoing Section 3.07 was not only to polish up the language and the sentence structure, but to resuhmit it to the City Council so the process is done right. Mr. Hunt read tF�e drafted Section 3.07. He stated that in the ]ast paragraph, 5th line, the word, "marking" should be inserted before the words, "three copies". (Mr. Nelson and Ms. Kindom arrived at 8:25 p.m.) Mr. Nelson stated he did not understand why the Charter Cor►Bnission had a problem and why they had to resubmit Section 3.07. The Charter Corrmission passed the change on to the City Council, and the City Council accepted the change. Since the City Co�nci] did not follow the right process by calling for a pu�I�c �earing, it is up to them to go 6ack througf� tfiat process. (Mr, van Dan arrived at 8:34 p.m.) �"L CHARTER COMMISSION MEETING, MAY 18, i983 - PAGE 3 Mr. Hunt stated that if the City Council wanted to correct the error. they could simply go back and call for a public hearing and then proceed. Since the Charter Cort�nission had talked about polishing up the ]anguage, now would be the time for the Conmission to resubmit the second draft. The City Council is willing to let the Charter Commission do that. NOTION BY J�IIt. SCHMIDT, SECONDED BY MS. JACKSON� T�D ACCEPT TXE NEW DRAFT OF SECTION 3.07, AS REVISED, AS A SUBSTITUTION FOR ORDINANCE ND. 767. UPON A VOICE VOTE, STARWALT, PINKS, SCHMIDT� JACKSON, HENDLEY, KINDOM, AND VAN DAN VOTING AYE, NEISON ]1BSTAINING � CflAIR1NAN STARWALT DECLARED THE MOTION CARRIED. ' � JNOTION BY l�Z. NELSON, SECONDED BY !�t'. PINKS, TO EXPEDITE TXE DRAFTED SECTIDN 3.07, AS REVISED, TO TXE CITY COUNCIL AS SOON AS POSSIBLE. UPON A VDICE VOTE, ALL VOTING AYE, CXAIRJ�lAN STARWALT DECLARED TJIE PIOTZON CARRIED UNANII�lOUSLY. 2. APPROVAL OF APRIL 21, 1983_, CHARTER COMMISSION MINUTES: MOTION BY ?Q2. SCX]NIDT, SECONDED BY J�t. PINKS, TO APPRDYE TXE APRIL ?l, 1983, CNARTER COAAlISSIDN 1�lINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRMAN STARWALT DECLA}iED THE INOTION CARRIED UNANIMOUSLY. 3. COPY OF SECTIONS OF THE CITY CHARTER THE CITY COUNCIL WILL BE HOLDING A UBLIC HEARISVG ON JUNE 6, 1983: Mr. Hunt stated the Charter Comnission has passed three different packages. The sections that were not contentious, Section 2.03, 2.05, 8.04, and 8.05 wiil be up for public hearing at the City Council on June 6. Presumably these will be passed. Mr. Hunt stated the contentious sections on the City Manager, since those minutes have been approved, will go to the City Council with the minutes on June 6. At that time, the City Cauncil wi�i decide whether to call for a public hearing. Mr. Hunt stated the City Council wi11 probably call for a public hearing on June 6 for Section 3.07 passed by the Charter Comnission at this meeting. 4. OTHER BUSINESS: a. Next Charter Commission meeting scheduled for Sept. 15. 1983. Mr. Hunt stated this was a reminder for the Cortmissior� members of the next meeting. 10 ORDINANCE p0. Ui ORDIl1ANCE AMENDIi1G SECTIONS 601 � 602, AND 60� OF THB CIT? CHARTBR OF THE CITZ OF FRIDLBY ( CITZ COD$ SECTIOH F l�1L4C. ) TBE COIINCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOiWS: That the folloWing sections of the Fridley City Charter are amended as fol lotirs : � Section 6.01 THB CIT? MAIiAGBR. The City Manager ahall be the chief administrative officer of the city. He shall be chosen Dy the Council solely on the basis of his training, experience and administrative qualifications. The choice shall aot be limited to inhabitants of the city or state but he shall be a citizen oP the Onited States. The city manager ahall be appointed for an indefinite period and he shall be removable by the council at anv reaLiar�Y �cheduled meetina orovided that at least three membsr� of the council vote for the removal. �6�Z�/�t�d��dEd/ndtb��l�Et,�/xYittx/�t/t��6��iEd/dx/ �.11t/z��E/t�txEt/�6i'ik/t��tt/df/�Et�t��,�/K�/tu�f /�6�xHtri/t�txd��i/d��l�/dtx�t/1'1�fS �b�i6�idX /dE�1��a!/rf��xxk�i/�H�t�E�/�l�1A/�/��lbI��/Yi��.t`id�/b�'1/xri�/dtl�d�/)b�tdt�/xK� �bdt'4�ZZd /75�z/��ridilla/��E/dX��ri�/�dz�kil/I'i��t'�[t�/xit�/tbd��il/�t/��EtLd/H�46 tt��/atl'i,�E,� /�i�izK/dt/tb�zK�bdZ/p�(t,[/�dkYl/��Zik/H�tlttrl�/�lHtlX�/x��/�Z�� ixNiri/xN��fG f /��t�/�tx�t/xKk/d��(1iQ/td�/xKt/d�E/�1ld/xil�/�6t�xx��'i/�K�t�E� ,�n�zzi��ir�,��xt�ix�c,��tixn�i��,�,�tziazix�aeziz,�t✓a�t�i��ta�eixx,�in�attr�. �z��x�izx�i,��ea��ru��r�i��,�iatia��s��z�z�i�tizn�i,�tzti,��r��ti�ti�r�zx,� ��(�E/6t/lltt��i��/�.ti/ZYikl�btf��/bt/ZYI�►/�tzt/�6�l.�'1�.��,�/xK�/dt�xiE/bt/n��/bftt�� dn�ZZ/�E/�,Ettdt"d�Q/�f /�Q�dE/�teS�d�tZ�/Qdal�Zti�d/�Et�bi'l/QE��i�.x�a/Jbt/x1�k �6d1l�iX/��/t�x��/�a'1�.�Et,l Section 6.02 POiiERS ABD DIITISS OF ?SE CITY lsABAGER. Subject to the provisions of this charter and any regulations consistent therewith Whieh may be adopted by the council, the city manager shall control and direct the administration of the eity�s atfairs. His poWers and duties sha12 be; (a) To enforce this charter and the laWS, ordinances and resolutions of the city; (b) To appoint, suspend and remove, �nv subordinate officer or emnlovee excent as otherWiae nrovided in this eharter. �6�LH/zxE/kd1�i�E1�/t��id ��td�l�iZ/bf/xii�/�b��tl�ttXZ/��xt/dit��Et�/�0/��i�Zd��E�4/��t��x/t��/�tl Zl��/ �i�i�ttx ��"/dxK�t►�f� �E/ �fdtid�d,j c) To exercise control over all departments and divisioas of the city administration created by this eharter or xhich may hereaPter be created by the council. (d) To attend all meetings of the council, vith the right to take part in the discussions but haviag no vote; but the couneil may at its discretion ezclude him fram meetiags at �rhfch his removal is considered; (e) To recommend to the council for adoption of such measures as he may deem necessary for the welfare of the people and the ef Picient administratioa of the city's afPairs; (f) To keep the aouncil fully advised as to the financial oondition and needs of the City� and to prepare a.nd aubmit to the council the annual Dudget. (g) To perform such other duties as may be prescribed by this charter or required by him by ordinances and resolutions adopted by the council. Section 6.04 SIIBORDZ1iATB OFFICERS. There shall be a city clerk, city treasurer, city attorney and such other ofPicers subordinate to the city manager as the eouncil may provide for by ordinanceLsZ, THE l��xt dxxdfn�t/�t/�!�[X/4tt�k��`�dY/�K�iX�/�R appointed by the city manager With approval of the council. The city clerk shall be subject to the directioa of the eity manager and shall have such duties in connection with keeping of the public records, the custody, and disbursement of the publie funds, and the general administration oP the city's aPfairs as shall be ordained by the couneil. He may be designated to act as secretary to the eouneil. The council may Dy ordinance abolish oPfice�'s xhich have been created by ordinance and it may combine the duties of various offices as it may aee Pit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1983• ATTFST : SIDNEY C. INMAN - CITY CLERK Public Hearing: ��1y 11, 1983 First Reading: Second Reading: Publication: 3/0/27/� WILLIAM J. NEE - MAYOR 10 A 10 � Ctty ot Fridley CHARTER COMMISSION MEETING - THURSDAY, APRIL 21. 1983 PAGE 1 CALL TO ORDER: Chainnan Malt Starwalt called the neeting to order �t 7:30 p.�. � ROLL CAII: MdnDers Present: Yali Starwalt, Robert Peterson, Larry Commers, David Pinks, Bruce �lelson, Peter Treuenfels. Francis van Dan Members Absent: Jean Schell, Ralph Stouffer. Robert Schmidt, Pat Kindom, Bob Pierce, I�ene Maertens, Susan Jackson, Margaret i Nendley APPROVAL bF CHARTER COMMISSION MINUTES OF MARCH 17, 1983: Mr. van Dan said he had an addition on page 2, to explain what he meant by para- doxical was that the city manager, at the beginning of 6.01, serves at the pleasure of the council, M►hich means thaL he can be discharged if the council comes to a unanimous decision at any regula� meeting yet states that the city manager can ask for a hearing , then a lengthy procedure takes effect; he may be suspended with a full salary and tbat the pu6lic hearing and involved procedure is inconsistent with the statement that he serves at the pleasure of the council. MOTION by Mr. Treuenfels, seconded by Mr. Peterson, to approve the minutes as written. UPON A V010E VOTE, ALL VOTING AYE AND ONE ABSTENiION, CHAIRMAN STARWALT DECLARED TNE MOTION CARRIEO. CONTINUED DISCUSSION ON SECTIONS 6.01, 6.02 AND 6.04 OF CITY CHARTER AND OISCUSSION OF GRIEVANCE PROCEDURE F�R EMPLOYEES: Mr. Hunt explained that there was a e+otion on 6.01 and no decision on 6.02 and it was decided to lay both of them ove�. Oiscussion followed on the public hearing matter in 6.01. Mr. Commers said he was under the impression that the public hearing Mas change d so it could be granted or refused. Mr. Nelson said they were dealing with it as a board/aresident-of-a-corporation type of situation. Mr, Peterson said that is Mhy ft was done and cou�d not understand why the city council would not accept it. Mr. Commers said they are now dorvn to 6.02 and the city manager dealing with city employees. Chairman Starwalt said he needed refreshing on the four members as opposed to th�ee. Mr.Nelson said the comments from Mayor Nee were that a minority would be a6le to maintain the city manager. Mr. Peterson said he was comfortable Mith three members. He also said they have spent a lot of time on this a�atter discussing the fact that if the city manager is responsible he would have to have sbility to discharge employees; hold him accountable for the hiring and firing. Mr. Nelson asked about the council becoming involved in an employee's dispute. Mr, van Dan stated the council can pass any ordinance they want but they don't need it in the charter (he mentioned thai the Mayor, the city manager and council- �nen were present at the January aieeting). Mr. Peterson said they were a11 concerned about the protection of the city employees and there are legitimate steps for the grieved employee to p�esent his case; that the present personnel ordinance clearly defines and protects the rights of the e+nployee. 10 C Charter Con�oission Meetin9 - April 21, 1983 Page 2 M�. Hunt discussed 6.04,that the city ioanager �uld 6e able to hire anybody, txcept the city clerk and city attorney, Mitf�out the consent of the council and discipline without the consent of the council and also states that the council aay provide. by ordinance, procedures for tiring and hirin9. I�qTION by Mr. Peterson. seconded by Mr. van Dan, that the Charter Commission =h'��submit to the City Council, the recomnended changes in Section 6.a1 as passed at the March 11, 1983 meeting of the Charter Conmission, Section 6.02 as previously submitted and Section 6.04 as previously su6mitted to the City Council for their action. Discussion: Mr. T�euenfels said he was opposed to Section 6.02,�nainly 6.02 (b) that the city council is no longer part of the removal process and he has three abjeciions to the g�ievance procedure - 1) this does not apnly nfter the em- ployeE� has been fired; 2) the city ma�ager is the last resort of appeal; and 3) any ordinance can be repealed. He felt the grievance process has very little protection. !!r. Commers thought it Mas true that the grievance procedure did not relate to firing of employees, only to questions or problems that arise on the job but that he Mas pretty su�e that an employee could request the matter be brought before the city council and Mr. Treuenfels' point was well made. Mr. van Dnn felt the Definitions in III. of the City's Grievance Procedure were ambiguous. Mr. Nunt explained that the grievance�procedure is not in the ordinance, it is operating procedure. Mr. Peterson said dismissal of an employee is very carefully covered in ordinance. Mr. Comners said the procedure shouid provide the same protection in te nrts of dismissal. Mr. Hunt stated there is very little in the union contract or personnel ordinance about termination and that there are tertain state laws that provide for protection but that is even minimal because you have management's right to determine the needs. He said the whole idea is for administration to be left to the tity manager and to de-politicize the admini- stration. He further stated that in the grievance procedure the final authority is the city manager and they are forbidden by law to interfere with the manage- �nent of the city. Mr. van Dan felt they should have the right to review the procedure. Mr. Hunt said that is all available to the council by ordinance but didn't think they had any of the termination procedures. Mr. Nelson pointed out that dismissal is a disciplinary action and that can be a grievance. Mr. Commers said the present charter legally says the council legally has the right to approve or disapprove the hiring and firing by the city manager and the commission has determined that to de-politicize that they should not have that right and the next step is if the employee is dismissed, *rhat kind of process is there to have that reviewed. Mr. Hunt said presently the council does not review, it approves and you could say the the grievance procedure covers dismissai for disciplinary reasons; this is not part of the ordi�ance and question Nould be whether termination policy should be drawn up or tennination section be put into the ordinance. Mr. Peterson said if the city council gets involved with the dismissai of an empioyee theY are in violation of state law. Mr. Peterson spoke in favor of the motion and felt the discussion Mas not gennane to the motion. � Charter Co�a+ission Meetin9 - Aor11 21. 1l83 • __ Pa9e 3 Mir. Treuenfels. speaking on section 6.02(a), felt the �a►rd •taMS' should be rc�oved. Mr. Peterson disagreed; they are the taMS of the state •nd nation. At�rter of�Yhite�dear Lake�req� ding�poMersaa�a�'a�i�es�o �the�cit�,y Mna9 �,the �` ��Me sha11 perfon� such other duties as �y be prescriDed by tAe p+�rter ,a �* ey laM or requtred ot h1• by ordi�ance or resclution adopted by the ' Countll.' . The vote �as then taken on the �otion and, UPON A VOICE VOTE, ALL YOTING AYE EXCEPT FOR TYO NO YOTES, CHAIRMAN STARNALT DE�LARED TNE MOTION CARRIEO. (Mr. Coamers votfn9 no and Mr. Treuenfels votin9 no in objection to 6:02(b�). MpTION by Mr',•Nelson, that the Charter Co�nisslon shall indlcate. to the City unc . by resolutton, that they a�e �+eakening Section 6.02(b) of the Charter. to lncrease professionallsn� of the office of city �anager, and thaL it �+ould be approprtate for the Ctty Council to exa�nine the process by addi�g a stage of revier; tbat the C6arter Caanisston is tn no May atte�npting to �odify the po�ers ot t6e City Counctl; that the �a olution ts of co�cern for the pe�sonnel o�dinance and they are asking the personnel �an�ger to convey that �essage to the City Council. Mr. Con�ners oDjected to that resolution anQ felt it was interferring in their judgnent and Mtth sanage�oent. Mr. ran O�n tslt tt shoved concern and Mr. Peterson spoke against the �otion. Chair�nan Starwalt felt they should not try to re- solve it at thls �eeting and table t�e �atter. Mr. Nunt said the coninitssion had so�e tt�e to �u11 this over as the �inutes fran this �eeting are submitted after the May co�isston iaeeting for •ction by the touncil 1n June; thst the counctl �+ouid prefer the chainean of the co�nission be present to convey the sense of the discussion. Mr. van Oan felt the question had to be eddressed py ordinance and a letter froin the chair Mas as 9ood as a resotution. Mr. Nelson Mtthdrew Ais �otion. . REVIEN OF SECTION 3.Q7 Of CITY CHARTER: decause of the latc hour, it Mas decided Lo tabie the review of Sectlon 3.07 until the next iaeeting. Mr. van Dan volunteered to review the r+orEing of this section and have a report ready for the next ineeting. ADJOURNMENT: Chainpan Starti+alt adjourned the Charter Commission �neeting of April 21. 1983 at l:15 0.�. �= . i �' �espectfulty sub�itted, ,.. De� Ni zni k, Reco�ding Secretary. 10 D �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 22, 1983 CALL TO ORDER: Chairwoman Schnabel called the June 22, 1983. Planning Conmission meeting to order at 7:38 p.m. ROLL CALL• Members Present: Ms. Schnabel, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Mr. Saba. Mr. Goodspeed Menbers Absent: Mr. Oquist Others Present: Jerrold Boardman, City Planner James Pawelski, 7701 East River Road, Apache Camping Center Mary Martin, 133 Stoneybrook Way N.E. Donald Wehlast. D. W. Construction, Inc., 8804 lexingtan Ave. New Brighton Mr. a Mrs. Chester Schack, 685 Glencoe St. N.E. Allan Matson, 6270 Riverview Terrace Mr, b Mrs. F. C. Smith, 8141 Riverview Terrace APPROVAL OF JUNE 8, 1983, PLANNING COMMISSION MINUTES: XOTION BY NR. KONDRICK� SECONDED BY PI,S. GABEL� TO APPROVE THE JUNE 8� 1983� PI.ANNING GL�MMISSION PIINUTES AS WRIT�'EN. UPON A VDICE VOTE� ALL VOTZNG AYE� CXAIRWOAtAN SCNNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: REQUEST F�R A SPECIAL USE PERNlI7, SP �83-03, APACHE PING CENTER: Per Section 205.101� 3. N. of the Fridley City Code, to amen Spec�a Use Permit SP �71-04 to allow sales and service of recreational vehicles, on Lot ], Block l� Pearson's Second Addition, the same being 7701 East Rive� Road. AIOTION BY NR. SABA, SECONDED BY1�lR. KONDRICK, TO OPEN TXE PUBLIC NEARING ON SP �183-03 BY APACHE CAMPING CENTER. UPON A VOICE VOTE, ALL VOTING JlYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC BEARING OPEN AT 7:39 P.X. Mr. Boardman stated the Comnission members had received in the agenda all the background information on this special use permit request. He stated Apache Camping Center is located on the corner of East River Road and 71th Ave. N.E. Mr. Boardman stated Apache Camping Center is requesting nn addition to the special use permit to aliow for the display of six units. In the agenda, there is a considerable amount of correspondence between Apache Camping Center 11 A � PLANNING COMMISSION MEETING, JUNE 22, 1983 _ PAGE 2 and Kent Hill, Economic Development Assistant, dating back to 1981. In a letter to Mr. James Pawelski dated June 18, 1981, which listed the stipulations on Special Use Permit, SP �71-04. Mr. Boardman referred to the following stipulations: a. That the deve]opment of the property be generally consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. b. 7hat the landscaping be improved subject to the approva] of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. (Mr. Boardman stated that a very extensive site plan was done at that time. It was approved by the Planning Comnission and City Councii with concurrence of ihe neighbors. That plan has not been comp�eted to the stipulation of the special use permit.) e. That there be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. (Mr. Boardman stated this is where Apache Camping Center is request- ing a change in the special use permit.j g. Any unsighti storage be stored at Lhe rear of the property (behind the building�. Mr. Boardman stated that one of the stipulations in the old special use permit was that there be a maximum of two units located in front of the showroom on the slabs. As the Comnission members remembered, this site used to be a pool center, and the poo] center had slab areas. Mr. Boardman stated that on March 30. 1983, Mr. Hill sent a letter to Mr. Pawelski about the non-compliance of city code. A reply was received from Mr. Pawelski on Aprii i2, 1983, in which Mr. Pawe7ski referred to Item (e) of the specia3 use permit stipulations and talked about requesting an amendment to the original special use permit to display more than two units in front of the showroom. There was no mention in the letter about the landscaping or the other items discussed in Mr. HiZI's letter. Mr. 8oardman stated he was somewhat concerned about the lack of compliance to the special use permit and felt that, if anything was granted to Apache Camping Center, there needs to be assurances that these issues are going to handled. Ms. Schnabel asked Mr. Pawelski if he would like to make any statements to the Carmission. 11B PLANNING COMMISSION MEFTING JUNE 22 1983 PAGE 3 Mr. James Pawelski stated he is part avner of Apache Camping Center. He stated he had to admit that they have not do�e the landscaping as required by the special use permit. Regarding Iten (e) that there be a maximum of two units displayed in front of the showroom� the units that are now on display were not in existence at the time they requested the special use permit in �971. The Park Model is something new in the industry and has been out for only 3-4 years. It is a unit that is not to be pulled. It is primarily set on a lot, either an owned or rented lot, and it is a cabin- type unit. The reason for requesting the amendment to the special use permit is because these Park Models were not in exis'tence in 1971 and because they do not have enough room for the units in the other part of the lot. He stated the display models are left up. and the buyer chooses the interior decorating, and the manufacturer builds to the buyer's specifications. Then in the fall, Lhe units that are on disp]ay are sold at a reduced price. They pick up their new units in November. and in January rrhen the camping show starts. they display the new units up front. Ms. Gabel stated that in 1977, certain stipulations were put on the special use permit which were expected to be done. She did not understand why these things were not done. Mr. Pawelski aqreed they should have gone to the Planning Conmission and City Council earlier to ask for an amendment to the special use permit because of the new units. but they just did not do it. The other main item was the landscaping, and it was true they �rere in non-compliance with that stipulation. They started putting units out in front,and he honestly did not feel he should landscape and then cover the landscaping with units. If they have to put in the landscaping with the permission to put in more units. he supposed they would have to landscape around the units. But. he stated.the units vary in site every year. . Nr. Boardman stated the majority of landscaping was not in. Most of the landscaping that �eeds to be done is the street right-of-way along 77th. The whole purpose of the landscaping was for screening of the back area where ihe units are stored. There is no berming and no screening on the fence. The ahole thing in Item (a) Mas "that the development of the property be generally aonsistent with the plat plan....corrected to show two concrete slabs adjacent to the showroom". As he remembered it, the plan was for the filling of the old pool area, leaving two slab areas for display areas. The landscaping itself does not necessarily mean in front of the units but close to the showroom itself, This has not been tortQlied with. Mr. Pawelski stated Staff is talking about landscaping on 77th Way. They have had people who have driven by a�d seen the units through the fence and have come Dack and made a purchase. As far as unsightly units in the back, there are two trucks that do not beiong to Ilpache Camping Center. The trucks belong to the landlord. 11 C PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 4 Ms. Schnabel stated it appears there really are three display areas that have been �reated by these slabs. She did remember back in 1977 about the filling in of the pool area, but. in all fairness. the drawing shows that as an available site. Mr. Boardman stated it was very clear in the discussions in 1977 that the pool area would be removed and that there would be only two concrete slabs for display. Even though there is an area where the poo7 used to be, it does not mean that is a display area. Ms. Schnabel asked if there was anyone in the audience Nho wished to address this subject. Ms. Mary Martin, 133 Stoneybrook Way N.E., stated she did not feel Apache Camping Center has complied with anything other than the fact that they do not sell snowmobiles, do not have loud music, and do not have lights on late. Over the years, Apache Camping Center has had canoes in front, small trailers in front. portable signs in front. and propane gas signs on the cyclone fence. Every time there is a camping show or any show that pertains to their business, they have a great big sign that goes up and stays up for several weeks. Ms. �artin stated one of the reasons the neighbors stopped fighting and agreed to have the business in this location was because of the stipulations that were put on the special use permit--that there would be only two display areas in front and that the place would be kept neat. She stated the area has not been kept neat. Right now on the south side, she believed there were three Targe units in front, three large units nosing into the front where there used to be Russian Olives. On the north side, there is a unit nosing into th�e front that has a sign that says "wide load". She did not see why the property has to be made worse than it already is. She felt Apache Camping Center should be made to comply with the stipulations they now have. Apache Camping Center has not complied over the years,and she doubted if they complied after the first six months. She did not want to see the whole front area covered with trailers. Ms. Martin stated she strongly recomnended that the Planning Comnission deny this special use permit, and that Apache Camping Center be forced to comply with the special use permit now in effect or that that special use permit also be revoked. She stated it was her understanding that the special use permit issued in 1977 was supposed to come up for review by the City in three years. To her knowledge, there has never been a review, and it is now six years later. She stated Apache Camping Center is"tacky". She is living across the street from something that is tacky, and the neighbors were pro- mised that this would not happen and that Apache Camping Center would comply and live with the rules put upon them. Mr. Pawelski stated he agreed with Ms. Martin, but they are also in business. The signs that are put up for the shows are for advertising. This is part of doing business. He admitted they were wrong by not coming to the City when 11 D PLANNING COMMISSION MEETING, JUNE 22. 1963 PAGE 5 they put up the Park Models without approval from the City for additional display space. He stated they are struggling to make a living and the bills bave to be paid. Since 1977. a lot of things have changed. Ms. Martin stated that what has not changed is the fact that people are still living there. It is still her home and her �eighborhood. Mr. Kondrick stated he felt that Apache Camping Center has just simply out- grown its space. Mr. Pawelski stated, yes, they have outgrown their space, but they cannot just pick up and na ve. Moving is very hard for b��siness. If this special use permit is not granted, he will obviously havf to move units off and start looking for another location. When they origina�lY requested a s�ecial use permit in 1977, they were primarily a Lent camper dealer selling 90 tent campers a year. They now sell approx. 20 tent campers a year because peopie are not buying the tent campers. They are now selling Lhe Park Models which are 516-25,000 each. Ms. Martin stated she wanted to remind the Planning Commission that six years ago whPn the special use permit was granted, the Pianning Commission was ready to refuse it. The reason the Planning Corrmission did decide to approve it was because the neiqhbors said that because of,the promises made by Apache Camping Center, they would be good neighbors and let Apache Camping Center come in. The City Council also was ready to refuse the special use permit even after the Planning Comnission's recommendation, dut because the neighbors said they would allow it to come in because of the promises made, the City Council also approved the special use permit. If it had not been for the neighbors,the specia] use permit would have been denied. She did not think the neighborhood now should be put down because Mr. Pawelski's business is too big for this location. She realized Mr. Pawelski had to make money. She was not against business, but she was certainly for her own neighborhood and her own living space. Mr. Svanda stated that if all the stipulations from 1977 were complied with by Apache Camping Center, how would Ms. Martin feel about the parking of six trailers2 Ms. Martin stated she would be against it, because the site looks like a trailer park now. The busir�ess is just plain tacky and .the neighbors were promised it wouldn't be. Six trailers in the front is only going to make it look tackier. Mr. Svanda stated the worst thing in this whQ�e issue seemed to the fact that Mr. Pawelski showed bad faith by not putting in the landscaping. Mr. Saba stated maybe there is some kind of compromise that can be reached regarding the landscaping. Maybe the landscaping should be done, and then Mr. Pawelski should reapply for this special use permit after the land- scaping is done. 11 E PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 6_ Ms. Gabel stated she did not see that as a satisfactory solution. She stated she was on the Planning Commission in 1917, and she had a lot of reservations about the special use pemit at that time. The only reason she voted for the special use permit at that time was because of the stipu- lations and the agreement by Apache Camping Center that the stipulations would be met. Six years have gone by and those stipulations have not been met. She had no reason at this point to believe that to approve another speciat use permit with more stipulations with some iandscaping was going to change anything. If anything, it might make the situation worse. She appreciated the fact that Mr. Pawelski's business has outgrown the location; but she did not feel that was the neighbors' fauit, and they should not be expected to bear the brunt of it. Mr. Saba agreed, but stated if there was any way Mr. Pawelski could satisfy the neighbors, which seems to be the biggest problem, and still stay in business in this location, he would be all for it. However. he would like to see some changes made before the approvai of this speciai use permit. Maybe Mr, Pawelski should meet with the neighbors and work this out to their satisfaction. Mr. Svanda stated he liked Mr. Saba's idea about making Mr. Pawelski put in the landscaping before the Planning Comnission considers this special use permit any further. Ms. Schnabel stated she could appreciate the suggestion of the Apache Camping Center's owners meeting with the neighbors, but they met with the neighbors a lot in 1977 and still nothing was done. To say Mr, Pawelski has to meet with the neighbors now would probably only be delaying something further. It is really the City's role and responsibility to see that a land- scaping plan is executed. It is not the role of the neighbors. Mr. Boardman asked Mr. Pawelski if he would be willinq to work with the City on a landscaping plan. The City would require 100� letter of credit against the entire landscaping. Mr. Pawelski stated he really had no choice but to do that. He asked if he could have at least 30 days to reshuffle his units and take five units off the slabs. Ms. Schnabel stated they would give Mr. Pawelski a reasonable length of time for removal of the units. Ms. Martin stated that if the idea was that by having the landscaping done, Apache Camping Center could have more trailers in front, she was totally against it and would fight it. She did not want more trailers in front. That was the biggest thing the neighbors didn't want. Mr. Saba stated what he was thinking about was a landscaping plan that would prohibit the display of any more than a fixed number of trailers. 11F PLANNING COMMISSION MEETING, JUNE 22, 1983 _ PAGE 7 Mr. Kondrick stated he drives by this properiy every day and knows the proPerty pretty well. If Apnche Camping Center was to adhere to the original landscaping plan, even "fudging" a bit, there was no way they could operate and do business the way they do now. Mr. Svanda stated that is why he would like to see the landscaping plan developed before they even consider this special use permit any further to see if it can even work. Mr. Pawelski stated he wanted to comply in any way possible to maintain his business. NOTION BY PlR. SABA� SECONDED BY l�t. GOOASPEED� TO CL0.SE TXE PUBLIC XEARING ON SP N83-03 BY APACXE CAKPING CENTER. UPON A VOICE VOTE, 1�LL VOTING AYE, CNAIRWOMAIV SCHNABEL DECLARED THE PUBLIC XEARING CLQSED AT 8:d1 P.N. Ms. Gabel stated that having been at the previous Planning Cortmission meeting in 1977 when this all happened, she was realiy concerned because this special use permit with stipulations was issued. The big concern was the two big slabs out front, and the neighbors agreed to go along with the special use permit based on those two big slabs. They were very concerned about there being n large number of trailers parked out front. She understood that Mr. Pawelski has outgrown his location, but when the decision was based on that predication, she had a real difficulty even considering increasing the display units. She felt the City has some responsibility to live up to the special use permit that was granted in 1977. Mr. Saba stated he knows what has happened between 1977 and now with the economy and the gas crisis. It has to be a tough business to be in. He stated he would like to see an agreement on a landscaping plan made with the City, have that plan presented to the neighbors and discussed with them. Before the granting of any special use permit, he would like to see the stipulations satisfied and the landscaping compieted. Mr. Kondrick stated that neither Mr. Pawelski or his partner have complied at all with the special use permit issued in 1971. More than that, the promises made to the neighbors were broken. He understood Mr. Pawelski's position, but he was in business today because of the neighbors. He stated he lives in that area, and this area has always iooked tacky. He stated he wanted to see these stipulations complied with, and he would be against the approval of this special use permit. Mr. Goodspeed stated he would agree there was no bargaining over the land- scaping, That should be done without question. No good faith has been s�own by Apache Camping Center, and he would like to see some good faith shovm before they even consider this special use permit. 11G � PLANNING COMMISSION MEEiING, JUNE 22, 1983 PAGE 8 JMOTION HY I�IR. KONDRICK� SECONDED BY MR. GOOASPEED� TO RECOMPJEND 11� CITY G1�i1NCIL DENIAL OF SPECIAL USE PERMIT REQUEST� SP N83-03� BY APACXE CAMPING CENTER: PER SECTION 205.201� 3� N� OF THE FRIDLEY CITY CODE� TO APlEND SPECIAL IISE PER1�lIT SP N77-04 � ALLOW SALES AND SERVICE OF RECREATIONAL VEHICLES ON LOT I� BLOCK 1� PEARSON'S SECOND XDDITION� TXE SAME BEING 7701 EAST RIVER ROAD. Mr. Boardman stated that by denying the special use permit, there is a three-letter process that will take place in enforcing compliance. If he doesn't comply, the City can tag him. The other alternative is that the City Council has the ability to remove the special use permit which would eliminate the business in that location because the special use permit is for outside display of units. Mr. Saba stated this r+ould not prohibit Mr. Pawelski from complying Kiih the stipulations made in 1977 and then reapplying for this special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr, Boardman stated this would go to City Council on July 11. 1983. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �Y83-04, BY DONALD WEHLAST D. W. CONSTRUCTION, INC.: Per Section 05.15�(4), to allow the construction of a new welling in CRP-2 zoning on Lots 27, 28, 29 and 30, Block S, Riverview Neights, the same bei'ng 8125 Riverview Terrace N.E. P10TION BY PlS. GABEL, SECONDED BY I�i. SABA, TO OPEN THE PUBLIC HEARING ON SP 1Y83-04 BY DONALD WENLAST, D. i✓. CONSTRUCTION. llPON A VOICE VOTE� ALL VOTING AYE, CXAIRWDAlAN SCXNABEL LECLARED TXE PUBLIC XEARING OPEN AT 8:57 P.M. Mr. Boardman stated this property is on Riverview Terrace in the flood plain and requires a special use permit. It also requires fill to be placed on the site. In 1979 there was an application for a special use permit and a variance. This property has two 50' lots and the request at that time was for zero lot line, two units, one on each lot with a lot size variance. The variance was denied so the special use permit was withdrawn. Mr. Boardman stated this request is by D. W. Construction, Inc., for one house on both lots so there would be 100 ft. of lot with one house. It does meet the requirements as far as setbacks as far as the flood plain in the sense that the garage and living space meet flood piain regulations. The one concern ie the drainage. The people proposing the development and the City Engineers feel the drainage is workable if done correcity; however, Staff still has some concern. If this special use permit is approved, the stipulation he would recorrmend was that an engineered drainage plan be submitted 11 H PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 9 with a letter of guarantee that the drainage will be sufficient and, if not, will be corrected. One of the proposals they are looking at for drainage is to drain into the slue where waLer drains right now. Staff's recommendation on that would be that they would either Want an easement for drainage or some kind of drainage directly from the lot to the river. Mr. Boardman stated that other than the drainage, it is a good plan. There will be a requirement of a small retaining wall because of the 15 ft. fill requirement, and thaL has to be �,rorked out with the inspectors. Ms. Schnabel asked if Mr. Don Wehlast of 0. W. Construction had any comments regard9ng drainage. Mr. Wehlast stated he has had engineers and excavators out there, and they have said the natural drain is to the north. He has been told he would have to have a culvert under the driveway to get the water to drain to the north. Ms. Schnabel asked if there were any questions from people in the audience. Mr. Chester Schack, 687 Glencoe. stated he was very concerned about where the water is going to go. Mr. F. C. Smith stated he owns the house just north of this lot, 8141 Riverview Terrace. He stated this is a lovely house and will be an asset to the neighborhood. He was concerned about the water draining through his front yard. If they could put a culvert under the street and drain the water to the river, that would be great. � Mr. Boardman stated this is why a drainage plan has to be worked out and agreed to by all the parties concerned. MDTION BY PlR. KONDRICK, SECONDED BY �JS. GABEL, TO CLO�SE THE PUBLIC HEARING ON SP �183-04 BY DONALD WENLAST� D. W. CONSTRUCTION� INC. UPON A VOZCE VOTE, ALL VOTING AYE, CHAIRWOINAN SCilNABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:22 P.N. AOTION BY PIR. KONDRICK� SECONDED BY XS. GABEL� T�O RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT REQUEST, SP N83-04� SY D�NALD WEHLAST, � D. W. CONSTRUCTIDN, INC.: PER SECTION 205.1574� (4J� TO ALLOW THE CONSTRUC— TION OF A NEW DWELL.FNG IN CRP-2 ZONING ON LOTS ?7, 28� 29 AND 30, BLOCK S, 1�ERVIEW BEIGHTS, THE SAME BEING 8125 RIVERVIEW TERRACE N.E.� WITH THE FOLIAWING STIPULATZONS: 1.. A i�ORKABLE DRAINGE PLaW BE DEYELOPED. 2. RETAINING i+►ALLS BE PART OF TNE DRAINAGE PLAN, PROVIDED TBEY ARE REQUIRED FOR DRAZNAGE. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCNNABEL DECLARED TXE PIOTION CARRIED UNANINOUSLY. 11 I PLANNING COMMISSION MEETING. JUNE 22,s 1983 PAGE 10 Mr. Boardman siated Lhis item would go to City Councit on July 11. 3. CONTINUED:� REVIEW OF A PROPOSEO ORDINANCE ADOP7ING A NEW CHAPTER 101 ENTITLED "ANIMfAI CONTROL" AND REPEALiNG OLD CHAP7ER5 3 1 ENTITLED L VE- ANIMALS AND BIRDS" OF THE FRIDLEY CITY CODE IN THEIR ENTIRETY. Ms. Schnabel stated this item would be continued until some clarification was received on State Law. 4. RECEIVE JUNE 2, 1983, HUMAN RESOURCES COMMISSION MINIlTES: MOTION BY /�Gt. GODDSPEED, SECGINDED BY /�t. XONDRICK, TO RECEIVE THE JUNE ?, 2983, 1lUNAN RESOURCES CONl�lISSION NINUTES. UPON A VOICE YOTE� 11LL VOTINC JIY�� Cf/AIRA►OMA1V SCHNJIBEL DECIARED TIlE MOTION CJIRRIED UNANSMOUSLY. 5. RECEIVE JUNE 9. 1983, HOUSING b REDEVELOPMENT AUTHORITY MINUTES: I�pT'ION BY MR. SABA, SECONDED 9Y MR. GOODSPEED� TD RECEIVE THE JUNE 9, 1983, 1�OUSING i REDEVELOPINENT AUTiIORITY MINUTES. Mr. Saba stated the decision made by the HRA to relocate Mr. Ryan in the Standard Station praperty rent-free for 24 months really bothered him. He felt it was a very bad precedent for the City to take, and it should never happen. Ms. Gabel stated she agreed. Mr. Boardman discussed the reasoning behind such a decision and stated that the HRA has a lot of very difficult decisions to make and has to weigh all the factors that enter into the redevelopment process. IIPON 11 VDICE VOTE, ALL VOTING AYE, CNASRWONAIV SCHNABEL DECIARED THE MOTIDN CARRIED NiUil1VIMOUSLY. 6. RECEIYE JUNE 14, 1983, APPEALS COMMI_SSION MINUTES: MD'IION BY lf5. GABEL� SEC07VDED 9Y I�fft. KONDRZCK� 11� RECENE THE JUNE 14, 2983� aPPEALS C�MNISSION MINUTES. (lPQN 11 VDICE VOTE� ALZ VOTING aYE, CBAIRidC�fAN SCIi1dABEL DECLARED THE MOTION GIRRIED UNANZMOiISLY. 7. RECEIYE JUNE 14 1983 COMMUNITY DEVELOPMENT COMMISSION MINUTES: IIbTION BY JlfR. SABA, SECOADED BY l�i. GOODSPEED, TO RECEIVE TBE JUNE 14, 1483, C�0!lMU1VITY DEVELOP!lENT CY�MlMISSION IJIJ�i1TE5. OPAN JI �ICE VOTE, 11LL VOTIIVG 1lYE, QiAIRNO!!AN SCiINABEL DECLARED TXE MOTION GIRRIED UlVANIJ�(1SLY. � PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 11 ADJOURNMENT: MOTZON BY lII2. COODSPEED, SECONDED BY 1�II2. SABA, WICE VOTE, aLL VOTING AYE, CXAIRWOXAIV SCHNABE PLANNIN6 G�AMlHISSION MEETING AA70URNED AT 10:00 Respectfully s itted, y e Saba Recording Secretary TD JlA70URN TXE lIEETING. UPON A L DECLARED TXE JUA/B ??� 1983, P.PI. 11 J � !�!' #83-03 Apache Camping Center �K .w`� ��vi �\ �(�� 'vwy „ �II�.% � •l ' , ,i . v ' �% N l ' i �1 � \ f�[ A �t i A — / ��s � — . \ • '. : ..• �• �. �7� ' s �''+ �,�' � '� , i r. � r . ,• 1; .: � �� • ', � .�� M �w.�.. �, ` � ��. �1.. . r� i .,,•r . ♦ \ . \ c�� :.�� .i. ;: : :;. . �,' ` • `' . .:� � ,• ' � � •�•`.� '�, �r1'•• '� �rb� � 1 • , �6 � `' ' � � . . ;. � ., .• , � ; .. � /� /� /�w �a� •: .�, ,`� .:�1�� , • � •i I �I i��Vi i B.`F� IPI/q%%IW • ' ,. � � � � .�/.�. ,� �, y. r� �\ (10 ��s ,� ..� � . ✓ .�: , �i•::p��+ ��' �qo �sb � '� �'�' _ ___ � • : �ti � , • �� /� - ; !r^:7 �` 'O �•eS ! �` ��.� � � %� —�Iir,O_ � i. '` =;` � .1 � �� ,��'" f �..�► `1 3 '' � --��- � -- �" , � � ' \ +' J , ,, � . � � p i/ ��f�''�\. 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MINNESOTA SS�]2 TELEPMONE ( 612)S11•�ISO June 18, 1981 James Pawelski Apache Canping Center 7701 East River Road �ridley, M1 55432 Dear Jim: 0 I have completed my research concerning your property. The following bre my findings: � l. The City Councii on July 25, 1977 approved special use permit SP �'77-04 for the business at 7701 East River Road with the following stipulations: � � � c. d. � f. � h. i. �• 7hat the develoPment of the property be generally consistent Nith the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. That landscaping be improved subject to the approval of City staff, with showroom visibiiity acceptable to Lhe tenants and adjacent neighbors. TAat there be na outside loudspeakers. 7hat outside iighting after 10:00 p. m. be limited to security iighting of the property (the illumination being such a nature that it would not be annoying to the adjacent neighborhood). That there be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. That there be no test driving in the residential area Any unsightly storage be stored at the rear of the propertY (behind the building). � That the driveway on East River Road not be used by customers. Sales of motorcycles and snowmobi]es be excluded. That this permit is issued to Apache Camping CenLer nnd the special ase permit shall close, if the use changes. ii r, • James Pawelski -2- June 18, 1981 Items a through i were stipulations from the City of Fridley Planning Commission, and stipulation j was added by the City Council. A site inspeciton was done on June 18, 1981 and items a�b,e, and g from the above list have not been completed. The City of Fridiey is now requesting that you give us a time-table for completion of those items listed above. All of these items can still be completed this year and we are confident that they will be completed within a reaso�able time frame. Please feel free to contact me if you have ar�y questions regarding this request. 7hank you in advance for your time and cooperation of this matter. KEH/la Enclosures Sincerely, �� `�'`_''` ��P Kent Eugene Hill Economic Qvelopment Assistant 11 N � April 12, 1983 City Manager City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Dear Sir: - 11 0 . ' ; ,. 1 ,� ..% •;' �' . , � ,'- . . :. . .. It has been noted in letter form, that Apache Campinq Center is not complying with the rules of our sr►ecial use permit qranted July 25, 1977, SP#�77-04, in particular item E. a maximum of�two untts dfsplayed�in � front of the showroom. In 1977 when this permit was granted the items now on display were not available. A new concept in trailers was developed called Park Models. These Park Models ranqe in size from 33 feet to 38 feet in length and from 12 to 14 feet in width. In order to attract buyers a number of different floor plans should be displayed and because of size additional space was required. Since 1977 we have not discontinued any of our product lines but infact added Park Models. We are aware of the current conqestion �f the Park Models. Some of the display models have been sold but are unable to be moved to customer locations because of weather conditions. When the units can be moved the remaining units and any mo�e will be placed in a unified manner. However, Decause of the letter from Mr. Hill, first thinqs first. We are revuesting an ammendment to the oriqinal special use permit aiiowing Apa.che Camping Center to display more then two units in front of the showroom. Please advise if this can be accomplished without the personal nppearance of Apache Camoing Center. t.w� .na eamp�p asw..: 5�h rrAws • Oart n�odMs Jim Pawelski APACHE CAMPtNG CENTER no, E.:t aryK ao.o �+po+�:. INinn.swa ss432 taNs 5%�'�1202 �------- --------- ---- savio. -----� ----•-_ Sincerely, Jam�_. � , J . awel ski Che mping Center �+■ ciTV os Fqi L Y DIiaECTORATE OF PUBLIC WORKS TE aPri 1 15, 1983 �ROM D.PW. Planning - Bill Deblon Apache Camping Center Request � � � 9 00 o•• � ao 0 MEMOF�AN�UM MEMO N0. 83-23 TO John Flora Nasim Qureshi � ACTION( INFO• The Apache Camping Center has requested amending their Special tJse Permit, SP #�77-04, via the letter dated Apri) l2, 1983 from James Pawelski. The amendment requested is to allow more than two units in front of their showroom. Apache has been in viola- tion of this condition and others as far back as April of 1979. Currently, they a re not complying with the following stipulations of their 1977 Special Use Permit: 1. The development of the property is generally consistent with the plot plan (Exhibit A) submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. 2. That landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. 3. That there be a maximum of two units (one on each concrete slab located adjacent to the showroom) dispayed in front of the showroom. 4. My unsighLly storage be stored at the rear of the property (behind the building). Apache also has two signs advertising propane attached to their fence along East River Road. There are no permits on file for these signs and they should be placed with the rest of the signs on the pylon. Please advise me whether Apache should re-apply for a new Special Use Permit, or if they can be heard by the Council. WSO/de ;:�.'� '� �r: �'IA�, , .y ��f =��; ,;� '�-`-� .� � yY�•�� .�. "�. �� -. ; April 28, 1983 CITY OF FRI�LEY •��1 UNIVE1151TY AYENUE N.E.. FRIOIEY. MINNESOTA SS�32 Jim Pawelski Apache Camping Center 7701 East River Road N.E. Fridley, Mn 55432 RE: Special Use Permit, SP �71-04 Dea r Mr. Pawe 1 sk i: 1ElEPNONE ( �1�)571-�15Q I've been instructed to inform you that the City wili review your SpecTal Use Permit, SP �Y77-04. However, since you are requesting substantial changes to the stipulations that were approved in 1977, a new hearing by the Planning Commission must be required. This will involve renotification of adjacent property owners within 200 feet of your business, and a notice in the Sun Newspapers. In addition you will have to pay the required application fee of $200.00. I've enclosed the Special Use Permit application. Please fill this out and submit it, along with the 5200.00 fee, to the Planning Department by May 11, 1983. This will place your request on the June 8, 1983 Planning Comnission agenda. The recommendation of the Planning Co.mmiss�on will then be forwarded to the City Council for final action on June 20, 1983. If you do not wish to proceed with the new permit, the stipulations of the existing permit must be complied with by June 1. 1983. If you have any questions regarding this matter, feel free to call me at 571-3450. Sincerely, `"(/ i�G^"' ✓�':''` � WILLIAM S. DEBLON Associate Planner WSD/de C- 83-10 �� 11 Q � ; I i 12s _ � .__ � . . --- -•- - — . � . + RE6ULAR MFETING OF JUL� 25. 1977 PAGE 4 Councilaan Fitzpatrlck indicated he ras rot inclined to aove the rezoninq of the R-1 property over the opposition of the peopte in the neighDorhood. Councilwn fitzpatrick stated the oDjectio�s �+ere tc increased Lraffic en a reside�tial ttreet and increased pressure on inadequate recreational facilities. Ne fett, 0 locatirg the parkirg lot on the north end, part of the traffic aould be e�tminated; horrever� because of the situatfon at the exiis, peoD�e Mi�) drive around the block to exit on the other end, Ne felt. io gener�l, there Mould pe increased traffic in a ra identiat trea. Council�nan Schneider stated he shared touncll�en Fitzpatrick's toncern �nd touldn't Comfortably go along Mith rezoning in the R-1 portion. MOTION by Councilman Fitzpatritk to Eeny tAe rezoning based niainly on increased traffic in a residential area. increased pressura on inadequate recreational facilities and opposition by the R-1 property owners to rezoning the R-1 property. Seconded Dy Councilman Schneider. Upon a voice vote. all voting aye, Mayor Nee declareE the inotion carried unaniawusty. The petitioner requested that ail �ninutes froni the Planning tommission and Countil pertainin9 to this item be forwarded to his attorneys. Dorsey, Marquart. Yindhorst. Yest i Nalladay. ' 1DERATJON Of FJRST READING OF AN ORDiNANCE FOR STREET AND AILE� VACATI M0T10N by Councilman Schneider to waive the reading and approvc the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote. all voting aye. Mayor Nee declared the �oifon tarried unanimous]y. CONSIOERATION�OF FIRST READING OF AN ORDiNANCE FOR STREET AND ALLE� VACATION MOTION Dy CounciTman Schneider to Maive the reaAin9 and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NG OF JUIr Mr. SoDiech, Bublic Mor or, exp ained the Planning Commission held a puDlic hearing on this request for a sDecial use permit anQ recommenCed approvai Mith certain stipulations. Ne explained the petitioner met with property a+ners 1n the area and there is general agreenent Detween them regarding operations at this site. The Planning Carmission recom�ended the following stipulations: 1. That the development of the property be generally consistent with the platrplan submitted by Apache Lamping Center, corrected to show two concrete s1aDs adjacent to the shavroom. 2. that landscaping be improved subjeci to the approval of City staff, with sha+raam visibility acceptable tu the ienanis and adjacent neigbbors. 3. That there be no o�tside loudspeakers. 4. That outside lighting after 10:00 p.m. be limited to security lighting of tAe property (the i))u�inatioa being such a natare that it wnuld not De •nnoying to the adjacent neighborhood). S. that Lhere be tAe �naxi�nun of two units (one on each concrete slab located adjacent to the shoMroom) displayed in front of the sharroom. 6. 7hat there be ra test driving in the residential area. 7. Any unsigh t�y storage De stored st the rear of the property (Dehind the builGing). 0 � .� / _L.�1 11 R 'T�[' .i � � , I � i I .� I � 1'LJ RE6uuR MEETitI� OF Ju�r 25. 1977 , ., . . ♦ a. That the driveway on East River Road not be used py tusto�ers. 9. Sales of ootorcycles and snowmoDiles pe excluded. PAGE 5 Mr. Sobiech aentioned anotAer stipuTatlon uhich oight pe �dded is tAat tAe :pecial use permit be granted to the proptrty o�+ner for this particular ust ° enly. Ne stated the interpretation the staff now uses is that this special use Permit is for a particular use and if anyone else ManteE to use the facility for (: saneLhirg other tban this use. it would be necessary to come Dack before tAe I Council. Hor+ever. if the property �+ere used for the same type of display thit 1s no�r proposed, it Mould rot cane back to the Council. 1. .• 1� ( _ �� ( M�. Ikrrick, C1� Attorney. agreed ritA the lnterpreL tion py the staff 1n this �egard. Councilman Fitspatrick questi�ned if these itipulations were accepted by the property a+ner. Mr. Wormsbecker. 13401 Southridge Road, stated he is involveE to the lease an0 the property ormer is aware of the stipulations. and he does eot think there will be any probtens. !{eyor Nee questioned the ameunt of square foota9e to pe used by the Apache Camping Center. Mr. SoDiech inCicated tAey r+outd De using about 1.000 square feet in the rear ot the building. Councila�an Fitzpatritk indicateE the request is for a particular use of a portion of the Duilding and eventually there �+ould probaDly pe a request for use of tAe ranaining pnri of the Duildirg. Mr. Sobiech explained the =oning of the property is C-25. Mayor Nee stated Ae personally does not like the 14ea as he has a DaQ feelirg about display when they are trying to keep it as a residentiai area. He questloned if the neighborAood agreed to this special use per+nit. Ms. Mary Martin, 133 Stonybrook Way N.E.. felt tAe neighborhood realizes sanething «ill be goinq in Lhe Duilding and this seened to De tAe best alternative. She stated it is zoned commercial. and residential would De the only better use. She indicated. as fa� as she is concerned. this business is probably not going to Dring in a lot of people and Lhe petitioner has agreed to only two vehicles in front of the building. She stated the residents are probaDly in agreement tAat this is the best possible use at the eament. She requested an added stipulation that �+hen the camping center is ra longer in business, the special use pe�ni t would expi re. lDTION by Covncilman Fitzpatrick Lo toncur rith the Plannirg Commission and 9rant SP /77-M with the nine StiDulations as outlined in these minutes end witA the added stipulation that this permit is issued to Apache Camping Center and the special use permit shall cease. if the use changes. Seconded by Councilman Nar+ernik. Upon a voice vote. all voting aye. Mayor Nee declared the inotion carried unanimously. ANDREW EVANS. SPECIAL USE PERMIT. SP i77-07, 6040 BENJAMIN STREET: Mr, SobiecA stated this is a request for a special ust pe►mit to allo�v construction of a 27' x 24' attached garage to be used as an accessory Duilding at 6040 Beqjamin Street. He stated the Planning Commission field a public hearing and �ecommended approval of this request. Mr. SoDiech presented a prelininary plan for construction of this accessory ►uiidiog. He acplained the ne�v building snd driveway rill be off Ferndale Avenue. IbTION by Counciln►an Schneider to toncur MiU� the recommendation of tF�e Planning Commission and grant SP /77-07. Seconded by Councilwanan Kukowski. Upon a voice vote, all voting aye, lli�ror Nee declared Lhe wtion carried �ryni�uously. a •� I — -- - --- J 11 $ '*4 . CITY OF FRIDLEY pLANNIN6 COMMISSION f1EETING � JULY 13, 1977 � CALL TO ORDER: Chai�person Harris called the July 13, 3977, Planning Commission � neeting to order at 7:35 P.f1. �tOLL CALL = 1lembers Present: 11embe�s Absent: Othe�s Present: Storla, Bergman, Har�is, Peterson, 6abe1 � Langenfeld None Jerrold.8oa�dman, City Planner APPROVE PLANNING COMMISSION MINUTES: JUNE 22, b977 f1�• Langenfeld cor�ected the ^Membe�s Present^ listed on Page 1 to read .•.••• Bruce Peterson. He indicated that the ^Members Absent^ should read Bob Pete�son. nOTION by M�• Langenfeld, seconded by M�• Storla, that the Planning Commission flinutes of June 22� 1977, be approved as amended• Upon a voice vote, all voting aye, the motion carried unanimously- AMEND THE AGENDA nOTION by Mr• Peterson, seconded by t1s• Gabel, to amend the agenda to include item SA, REQUEST FOR A LOT SPLIT, L•S. �77-07, K.B.M. INVESTM6NT COMPANY, REPRESENTED BY WY11AN SMITH:..... •• Upon a voice vote� all voting aye� the motion carried unanimously- 11T 3• CO PUBLIC HEARING= REQUEST FOR A SPECIAL USE PERMIT, � 7-0 . APACHE CAMPING �ENTER: Per section 205•10b� e llow sales and service of recreational vehicles, on Lot 1� Block 1, Pearson•s Second Addition, the same being ?701 East River Road N•E. Public Hearing open. f1r• Boardman presented the site plan f�om Apache Camping Center to the Planning Commission. He said that the landscaping plan had•been draWn up by an architect. He pointed out that there had been a meeting at the site involving Apache Camping �ente� personnel and the neighbors• He said that nine items had been drawn up at that time that were requested to be incorporated into the Special Use Permit if it was granted• The Planning Commission atudied the plan they had befo�e them. 0 � P,LANNING COMnISSION nEETING — JULY 33, 1977 Page 2 Chairpe�son Harris wanted to know how many customer parking p2aces Were being provided. n r• PaWelski of Apache Camping Center explained that there would be enough parking space to accommodate 14 ca�s. Chairperson Ha�ris questioned the number of tenL L�ailers and requla� trailers shown on the plan. nr• Pawelski indicated that they were shoWing the maximum number ' of units that would be on the lot at one time• ' Chairperson Har�is asked if Apache Camping Center had had a chance to look over the nine stipulations. nr• Pawelski indicated that they had revieWed the nine stipulations and Were in agreement. He said that ns. na�tin had �equested most of the items to be included as stipulations should a Special Use Permit be granted. n r• Pawelski felt that the number of kinds of sh�ubs being �equired at the front of the building Would obstruct the vieW of the showroom from the street• He said that with some extra care, the existing shrubs should be adequate- Chairperson Harris questioned one of the stipulations dealing With making sure the Special Use Pe�mit would not be applicable to any otfier business. � nr• Pawelski cla�ified that ns• n artin didn•t Want the Special Use Permit to be allowed for use by som�one else� should the Camping Center move.away at a future date• . � ns. nartin of 133 Stonybrook NE explained that she understood that a Special Use Permit was issued to the owner of the property and since Apache Camping Center would only be leasing the building she didn't want to have to contend with an undesi�able business {used-car lot, etc.} should the Camping Center move at a future date• Chai�person Harris explained that unless another Camping Center moved into that building, the Special Use Permit would not pertain. He said that each different business would need a separate Special Use PermiL• He indicated that the permit would be issued for the outside storage of recreational vehicles• 11 � �� P�ANNING COhT1ISSI0N f1EETING — JULY 13, 1977 Page 3 ns• fla�tin said.that she and the Apache Camping Center are in aqreement on the thoughts, but she wanted to be assured that they a�e �n agreement on the wo�ds• She didn't want to have the Lhoughts misinterpreted. One thing in particular she wanted to have the wording exact �egarding the displaying of vehicles in front of the showroom. She wanted it to �ead, ^two cement slabs adjacent to the showroom with one vehicle each on each of the slabs. She felt that the Way it had o�iginally been worded, it could have been inte�p�eted as two vehicle on each of the slabs, resulting in a total of four vehicles displayed in f�ont of the showroom. She said that she and the Apache Camping tenter had agreed on a total of two vehicles displayed in front of the show�oom. At the request of f1r. Langenfeld, Chairperson Harris read the nine stipulations to the audience• f1�. Pawelski clarified some the the items as Chai�person Harris read them. f1r• Pawelski indicated that he would be meeting with the owner of the property regarding the nine stipulations. He said that they were in agreement to fix the building. but didn't feel they should have to handle the total expense of upgrading someone � else's property- ns• nartin explained that she had noticed twosemi-truck traile�s were being stored at the �ear of the property• She said that there was no objections to the ones presently there• She asked that since the Special Use Permit would be issued to the property owner, would he be able to use that permit to enable him to park more of the semi-trUCk trailers on the property. She indicated that if that could happen, then she felt that there would be a lot of objections. She was sure that the neighborhood did not want any se�ni�t�uck traffic in the area. She also felt that it would be aesthetically unpleasing to have semi-truck trailers kept at the rear of that property- ns• tlartin continued to say that she understood that the trailers did belong to the owner of the property and not Apache Camping Cente�• She only wanted to know if the owner would have the right of outside sto�age. M�• Yo`rmsbecker of 134D1 Southridge Road indicated that basically the �ear of the building in ques.tion Was only being used as cold storage and that it shouldn't be conside�ed as a warehouse• !1r• Boardman explained that if semi-trucks were going into the area and delivering merchandise to be stored� then the building would be considered as a warehouse and warehouses were �ot allowed in the zoning presz�ntly on the property. 11 11 i � pL�NNING COnMISSION nEETING — JULY 13, 1977 Paqe 4 11 W n s• na�tin wanted assurance that the neighborhood Would be protected f�om that type of situation being allowed• She felt that the Permit should be Worded NOW to assure there would be no misinterp�etation of the intent of the Permit• .� , As• n artin indicated that the�e would be definite opposition to a wa�ehouse in the area. � nr, Langenfeld indicated that if the stipulations we�e incorporated � into the Special .Use Permit, that, in itself, would put a great ''•deal of control on the p�operty• He explained that if in the ��vent the neighbors felt that a warehouse operation was taking place, all they would have to do is call City.Hall and someone Would be sent out to the p�operty to check-out the complaint• 11s• nartin explained that that was why she felt the stipulations should be incorporated into the actual Permit — to be sure the neighbors had a valid ccmplaint should different occasions a�ise• f1s• Gabel wanted to know how long the t�ailers had been on the p�operty• Ms. 1lartin indicated that she hadn•t realized the t�ailers had , even been on the property until the night she met with the personnel from Apache Campi�g Center at the site• f1�• Pawelski didn't know the answer either• He was again in agreement with f1s. f1artin. He said that Apache Camping Center didn't want to have the trailers parked on the property eithe�• He felt that the more room the owner utilized, the less �oom they would have for their Campe� business. f1�• Peterson questioned the stipulation stating, ^Drive way on East River Road not to be used by customers^- He wanted to know how Apache Camping Center would be able to control what driveway a customer would use• tir• Wo�msbecker explained that there was a driveway onto the p�operty directly from East River Road• He said that Apache Camping Center Would keep the gate on that driveway locked so as to discourage anyone from using the driveway. He indicated that Apache Camping Center intended to use the driveways located on ?7th Street• n�. pawelski explained that Lhere could be occasions when Apache Camping Center would want to use the gate/driveway on East River Road but that it would only be an occasional circumstance and that customers would never be encouraged to use that particular qate/driveWay. - . i � pLlNNING C01111ISSION f1EETING — JIfLY 13, 1977 Page 5 11 X � . • I � f1r• Be�gman pointed out that there Was an er�or on the plat. He said that the two cement slabs in f�ont of the showroom had not been indicated. f1�• Storla asked what type of security lighting Apache Camping Center planned to use• f1r• Amundsom of Apache Cemping Center indicated that it would ' only be secu�ity lighting and would only illuminate the Cemping Center• . • In answer to a question by f1r• Langenfeld, f1r• Pawelski indicated tF►at the business hours of Apache Camping Cente� Would be: flonday — Thursday 9:00 A.11. — 8:00 P.f1. F�iday 9:00 A.f1. — 6:00 P.f1. Saturday 9:00 A.11. — 5:00 P.f1. Closed Sunday He said that he felt the latest they Would ever be open would be 9:00 P•M. He again indicated that all ingress and egress to the Apache Camping Center would be via 77th Street. f1r• Pawelski said that they had studied the landscape plan. He indicated that basically it was an agreeable proposal and that the only problem was that Apache Camping Center planned to get With the landlord to discuss the plan and to find out if he would handle some of the expenses involved with upgrading his p�operty• f1r• Langenfeld wanted to know the terms of Apache Camping Center's lease agreement• ' 17r• Wormsbecke� indicated that there wasn't an actual lease ag�eement• He said that it was still a negotiable thing• t1r• Pawelski said that when Apache Camping Center found out that they needed a Special Use Permit, they decided to first find out if they could get the Permit before they decided on the terms of the lease- ns• Gabel asked what kind of lease Apache Camping Center anticipated. 11�• Amundsom indicated it would be approximately a three-year lease {minimum}- 0 pLANNING COnnISSION nEETING — JULY 13, 1977 Page 6 Mr• PaWelski wanted to know why Apache Camping Center had to �eplace all the shrubs presently on the property• n�• Boardman said that the landscaping architect had agreed that some of the existing shrubbery could remain as lonq as the �ntire property Was upgraded. n �• Langenfeld wanted to know the pu�pose of the six foot �edwood fence • f1r• Boardman i�dicated that the six foot redwood fence Was basically for decorative purposes. f1r• Pete�son felt that the showroom should not be obstructed by landscaping• f1r• Boardman explained that the proposed landscaping Would not block the showroom visibility. He said that the City was only suggesting the ideas. He indicated that Apache Camping Center would have to submit a landscape plan for City approval befo�e they would receive the Pe�mit. He said that the Permit would be held up until the landscape plan met with City Council app�oval- n�• Bergman said that when a business had a glass-front showroom, that the [ity should be careful not to �equire anything that would conflict with the visibility of that showroom. "' Due to a misunderstanding, the Public Hearing had been at the June 22, 1977 meeting; therefore, it came to the attention that the Public Hearing had not been opened. 11 Y closed Commission's t10TI0N by Mr• Pete�son, seconded by Mr• 8ergman, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously- 110TION by Mr• Langenfeld, seconded by f1r• Peterson, to include all the previous informal discussion into the Public Hea�ing. Upon a voice vote, all voting aye� the motion ca�ried unanimously- f10TI0N by Mr. Langenfeld, seconded by t1r• Peterson, that the Planning Commission receive the nine stipulations. Upon a voice vote, all voting aye, the motion carried unanimously• Chairperson Harris �equested a show of hands of people who Were in the audience regarding the item. nOTION by 11r• Peterson, seconded by f1s. Gabel � to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously and the Public Hearing was closed at 8:35 P.M. 0 �LANNING ConnxSSiON nEETiNG — JULY 13, 1977 Page ? �� nr• Peterson indicated that the landscaping needs had to be � ve�ified. � Afte� some discussion, Chairpe�son Harris and flr. Boardrnan ' came to the agreement that the City Council had final a�bitration rega�ding the approval of the landscaping plans• MOTION by Hr• Be�gman, seconded by Mr. Peterson, that the Planning Commission �ecommend to City Council the approval of the Request for a Special Use Per�mit, SP �7?-04, Apache Camping Center: Pe� Section 205.101+ 3N� of the Fridley City Code, to allow sales and service of �ecreational vehicles, on Lot Z, ' 81ock 1, Pearson's Second Addition, the same being ?701 East River Road N•E. subject to the following stipulations: 1} That the development of the property be generally � consistent with the plat plan {Exhibit A} submitted by Apache Camping Center� corrected to show two concrete slabs adjacent to the showroom• 2} That landscaping be improved subject to the approval of City Staff, with showroom visibility acceptable to the tenants and adjacent neighbors• 3} That there be no outside loudspeakers. 4} That outside lighting after 10:00 P.M. be limited ' to security lighting of the property {the illumination being such a nature that it would not be annoying to the adjacent neighborhood}• 11Z•' 5} That there be the maximum of two units {one on each concrete slab located adjacent to the show�oom} displayed � in front of the showroam. � 6} That there be no test d�iving in the residential area. ?} Any unSightly storage be stored at the rear of the property {behind the building}• 8} 7hat the driveway on East River Road not be used by customers- 9} Sales of motorcycles and snowmobiles be excluded. UPON A VOICE VOTE, all voting aye, the motion carried unanimously- I 0 •+ I � • � • • \' �� V Y r r • -• V V r � r r � � v v v��• v u v � � � �. � � � � . • • • • • � � � � • • • � � � � � • � 8125 Riverview Terrace ...,�,...�,.... 11 �+A .......... `. �. N//2 SEC. 3. T. 30. R24 � '°"��"""""' w�o....�.<�t_.�.r•r �tIM}•v.I�.�{yt 1� IMO�Y M Y� �il[ cirr o� c�vav w��ros j,ClGATIOI►� -�-��.��._ � pT!' OF FR/OLEY � ' .�.� -- � ' •R� M AL[� : �•1 i I� • � �st�ss�� ` �; �. � � � . � - 'A�� 1, ; �� ., . % y � ' _ ,��L r . „ ' � -4r,� , a,.e»- , .� �; :e�� : . ; ? - i:1 � , ' , � ,. '� ' �- . a L� ��. .� . w• I, �� ,�3 �, _ � `�: � ± ��. � i %s \ � fi �_. � .�• _ � . �� ulw� - � + �� i� ? +- . - . j ' _ � a ' ' s +� t � � : `� ° �:: .< _ a.� � � . � . � ^ Z �� j � ° � � i �"�,� : . . �! . � ' "' j � t' � � � � � . s = �i � � �� -•, : , ��.'� _ . +�''' � . � ' � '� _ � � , �' � s �► �, :�� '- , . - ; i• .� r. ��.. !- T '�Q � — 1 -. 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'; '�'�{ � � �'`� 3 i�i�i�'��fl�I� � � ��' � : �� ., �I , _ ,� � ,, _ ' ' �I� i I�i:�l' i , �.. . � ; ,, ., • : � , 1 � . ��i '�i�� ;;, ; ,,�. � ' : ' 3 ' '� �i� I �� ! � ' � t� I � �' j :II�'� •� ' I ( ' '! ., � � � I �'�� ! ' � � ' , '' V I � �� 4' � 'I' � I �! i ` � I � ' � � � �I•�;�'� �� ' , ' ; � i r � —� i �;.�pl� ,:.�. _ , ��, o . I I� I�, � ��I S�. ' -„ . � i --� O � r --� � 3 W f I W � '' � I � '1 � � si . I I �' , �, � i i .� � ,�;� �� -l� ` � //� : �'� � ; �� a ` � � � � � �I' I�' � I I , : ,� � , , � ti `�''�,I� I. i � � t� � � ; `' ;'s�.��- �� i � I� �� ,.. _T _ ..� , . �� . . , , � � . � I�'I. � �I,I ! � i � � ' � � ' •.:.. ' ; � i �.� 11,1 ��I.'�II _ _!� -�11; . ; i i i �il:,�i 1 i f . ��. � ( . II � II;� � � �--'�il� :I!� ..it'!'�� . I..jl �, , ; : � ; .ir � li � ;., , I . ,� I: .,, , � � � � ;,.� ,. �; �;I: ( �—�� ' • : � i ��II �. � � I I � � I� � ''� � . '1 � I. �I I ,I �� I � �'�. t � i'.,I �� ; . �;�''� ; . �I ;, i �',i I�', !: ' ' .'�r. `" '�' ' �.., . :I : � . ' I ' ! i � ► `';' :� � ';1 ii I� Mi I� I I � i ;u'1'i(; iliii,�l ��IIIIII ��.f II I } �'i i�' jl.� ii 1 � (� � �� ' � I ��: .�;�, , �,�� - �►± �t,; '� � �� ;i. �_ � �. .� ;� 1-- , '�. �• �i il �, � , i �y � �,y, �� ,� i 1. �, � II,!f�I�II�I`I'.!'I�I I 1 � . ' 1 . :. � �_ ; -" i - � �.. � � �� :., � �� , I� � � .: �� ' � �� ? �y ' _ . . • •. . • a o • . ._ � . . 1 � City of Fridley CATV ADYISORY COMMISSION MEETING - THURS WIY, MAY 12, 1983 PAGE 1 CALL TO ORDER: � Chai�oman Hughes called the CATN Advisory Commission neeting of May�12, 1983 to order at 7:45 p.o. ROLL CALI: Members Present : Members Absent: 8arbara Hughes, Duane Peterson, Harold Belgum, Ed Kaspszak � Burt Neaver Others Present: C1yde Moravetz, City of Fridley Paul Kaspszak, ACCW Jim Bauer, ACCiI Thomas A. MacColl. Storer Mr. Moravetz introduced Nr. MacColl, Storer's District 6eneral Manager. 11PPROYAL OF CATY ADVISORY COM09ISSION MINUTES OF MARCH 10,1983: There was a correction on page 3. second line from the top, "adding a Nashville network; . . .' MOTION by Mr. Belgum, seconded by Mr. Peterson, to approve the minutes as corrected. PON A YOICE�VOTE. ALL YOTING AYE, CHAIRWOMAN HUGHES DECLAREO THE MOTION CARRIED UNANIMOUSLr. �PPROVAL OF AGENDA: . • Mr. lbravet z had two additions to the agenda: "Receive Letter from Mayor" and •6eneral Information Items." MOTION by Mr. Peterson, seconded by Mr. Belgum, to approve the agenda as amended. PON VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN HUGHES DECLARED THE MOTION CARRIEO UNANIMOUSLY. � RECEIYE SEMI-ANNUAL BUSINE e STORER AND STA DE ' Mr. Moravetz stated the Addendum to the Subscriber Contract (Exhibit V in the report) was hot include�j with the'report and passed out copies of the Addendum. i�TION by- Mr. Kaspszak, seconded by Mr. Peterson, to receive the complete Subscriber Contract�(including Addendua). UPON A VOICE YOTE, ALL YOTING AYE, CHAIR410MtAN HUGHES DECLARED THE MOTION CARRIED�U.WANIMOUSLY. As one part of the Addendum did not copy too we11 and was difficult to read, Mr. MacCo11 said he W8u1� provide originals for everyone. , f� �A � CATV Advisory Co�roission Meeting - May 12 L 1983 � Page 2_ Mr. MacCo11 stated t6e bustness plan �operational Plan) Mas highlighted at the last CATV �neeting and that Storer is con�oitted to dcvelopfng a quality product to appeal to everyone tn the City. �Ir. Kaspszak asked hin t� Qo through tAe report. Mr. MacColl said they htve filed the FCC Form 326 and that the conpany has incurred a toss in the previous yea�s (before taxes). He discussed ExAibit II, the fridley Projected Income Statement. He said there have been 85 total disconnects -- some people were iooving out of the ca61e territory. 40x said they didn't watch and the remaining could not afford it. Mr. Belgum asked Nfiat num6er of homes are hooked up. Mr. MacColl said, as of last �oonth, there Mere 3,196 bastc su6scribers with approxi- ioately 2,500 premium units. He said they plan to expand aith local origination and access by educ�ting potential su6scribers and Mfiat it could n�ean to them. Mr. Kaspszak asked if that was a company policy or just strictly Fridley. Mr. MacColl said it was a policy that was created but it is a personal policy with him. Paul Kaspszak asked what kind of effect the rate increase fiad and Mr. MacColl said just a6out no effect. Paul KaspsZak asked what percentage drop in premium service and Mr. MacColl said it was a bout llx. . Mr. MacColl revie�+ed the list of the Board of Directors and Officers for Storer and said they had three new additions to the Officers. Mr. Belgum asked about Kenneth Bagwell and Mr. MacColl said fie has been with Storer since �n1d to late 40's and his forte is operations and control� (Mr. Arno Mdeller Ment on his ov�m a�d Mr. Bagwell took his place). Mr. !b ravett said Storer has filed all the necessary documents and they-hdve ordered the equipment for ACCM and they Mill be responsible for installation. Mr. MacColl clarified their billing procedures and said the pro-rating is done by computer to make sure the customer is billed only for the time he has service. Ms. Hughes asked about the addendum being in the actual contract. Mr. Moravetz said it is word-for-word of Mhat is in the contract and what was negotiated. Mr. Kaspszak said he �vould like to defer this until the next meeting and�to have the original in time for that �neeting. Hr. Kaspszak asked how many incomfng � lines Storer has as he has had trou6le getting through. Mr. MacColl said they have 26 incoming lines. Paul Kaspszak said he noticed that people have trouble understanding the pro-rate concept and alot of calls coming in have to do with people not understanding their billing statement. MOTION by Mr. Belgum, seconded by Mr. Peterso�, to receive the Semi-Annual Business Report from Storer. UPON A YOICE VOTE. ALL YOTING AYE, CHAIRWOMAN HUGHES DECLARED THE MOTION CARRIEO UNANIMOUSLY. ,Status of Up-6rade Schedules: �Ir. 1lscColl said the Plant System Re-Bui�d began May 9, 1983 and they are using 6ateway Co+amunications out of 6eorgia and that a11 materials necessary have been ordered or allocated internally to 6e nioved in. He said they are anticipating a clean re-build all the rray around and shoLld be finished in mid to late September. Mr. lbravetz said trunk �ine construction is underway and he has been Morking with Randy Hanson and they rill be ioeeting on a weekly basis throughout the upgrade. He said so far they have had oinimum of canplaints. �B CATY Advisory Comnisston Meeting - May 12, 1983 _ Page 3 Ms. Hughes asked how �uch ti�e yr. lbravetz spends on cable and Mr. 6elgum asked �+hat part of his snlary comes from ca61e. Mr.. Moravetz said throuqhout con�truction and technical testing he anticipates 10-20 taurs a Meek and his related salary�is taken ou't of the 5x franchise �fee. Mr. MacColl discussed the Proposed Channel Line-Up and said Ti+i� Star is still 1n negotiation and the Spectr�m lavrsuit is posing some trouble. Mr. Moravetz said the tha�t Mill give the City Council some idea r+hat tf�eproposed changes are. Mr. Belgum said his primary tntereSt was 5.D7, Comnunity Programming Channels. Ms. Fipgfies said she was delighted with the ca61e health cfw nnel and the Disney Channel should have a great deal of appeal. as it controls Mhat zhildren will see. MOTION by Mr. Belgum,seconded by Mr. Kaspszak, that the CATV Advisory Commission give preliminary approval to the proposed channel line-up by Storer with the understanding that sectio� 5.07 Nill receive particular attention by�the Company and the Corm�ission at some future date along with the proposed changes in channel allocations. UPON A VOICE YOTE, ALL YOTING AYE, CHAIRWOMAN HUGHES DECLARED THE MOTION CARRIED UNANIMOUSLY. RECEIVE QUARTERLIf REPORT FROM ANOKA COUNTY COMMUNICATIONS WORKSHOP: Mr. Bauer said the report is the beginning of the workshop's fourth year since a full-time coordinator was hired. He said they held an Open House in February and are plan�tng their fourth annual Telethon. He said they Mtll continue to �vork with the schools and they had over�30 school events sfiown on Channel 12. He said they have received favorable feedback from Medtronic regarding possible future funding and have submitted proposals to Onan and LaMaur. Mr. Bauer said interest is being shown by the Fridley teachers Nho are producing a sRecial show for chtld�en called "Teach Me." He said Mr. Loew-Bloesser has been following the regional channel 6 activation and feels the scheduled demise of the State Cable 6oard urgently requires the setup of regional channel 6. MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to receive the Quarterly Reports from the Anoka County Comnunications Norkshop. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN HUGHES DECLARED THE MOTION CARRIEO UNANiMAUSLY. - RECEIVE PLANNING REPORT FROM FRIALEY CASLE CONSORTIUM GROUP: Mr. Moravetz stated Cindy Metaxas was to be present but Mas unable to make it. He said they did meet in April (public access, library and local origination people). yr. Belgum said fie r+as at that meeting and they discussed estabtisfiing some public relations. Mr. Belgum read his letter to Mayor Nee dated March 22, 1983 and said Mhen he did not get a response he called him on May 12, 1983. Mr. Belgum 8iscussed funding for pu6lic relations and said they could not expect the City to pay for it. Ms. Nughes felt the role of the conmission can change (alrays �egutatory function) and they could do a lot witfaut spending a lot of money. Mr. Peterson seriously dou6ted what P.R. could do and that it ras a �natter of noney. Mr. Kaspszak agreed with Mr. Belgum's concepts but felt access will never happen'the May Mr. Belgum projects and �o� would get participation up 6y providing technical stimulous �C CATV Advisory Coamtsston Meettng -!ky 12, 1983 � Page 4 such as fire protection. poltce protection, �eedical alanos, etc. He also felt another disadvantage was that Fridley is a smaller su6u�b ti+htch Mould be last in technology. Mr. Belgum said he spoke with Moke County Commissio�er Paul McCarron about doing a 15-ioinute program and that he has talked to Bi11 Hunt, aiso. Paul Kaspszak su99esting �rrtting a letter to fis. Metaxas or go tfl t6e workshop with the tdeas. Ms. Hughes suggested getting ti�e Consortium group in again to see �vhat they have come up �vith. Mr. Kaspszak noted they have not had a budget meeting fo� a long time and suggested getting Channel 12 to help them and sponsor some of the things that Mere discussed. Ms. Nughes suggested thinking of other things that do not cost �nuch money. Mr. Moravetz said he Mill bring the budget to the �ext weeting. !!s. Hughes said she would like them to get together Mith the Council after they �neet�rith the Consortium people and community leaders and present a proposal. i�ls. Hughes said she will �+ork Mith Mr. Moravetz about scheduling some studio tours and Mr. Belgum suggested showing exce�pts from several programs MOTION tly Mr. Belgum, seconed by Mr. Kaspszak, to receive the letter from Barbara �lps dated March 22, 1983. UPON A VOICE VOTE, Al.l VOTING AYE, CHAIRWOMAN HUGHES DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Moravetz said this was a letter of complaint on Channels that were dropped and Nhat they were replaced with and how the local company handles complaints. CABLE LEGISLATION: There was discussion on the letter and memorandum received from Adrian Herbst regarding cable bitls pending in the Minnesota Legislature. H.F. 739, which abolishes the MCCB and terminates regulatory control over the contents of franchlses between �nunicipalities and cable service providers, was discussed and the Commisslon �nembers present felt the MCCB was valua6le for �netro network and interconnection and did not want to see it destroyed; they wanted to see the �egulatory controt maintained. MOTION by Mr. Belgum, seconded by Mr. Peterson, that the Conmission tonmunicate with �gislators and authors of H.F. 739, to convey these opinions. UPON A VOICE YOTE, ALL YOTING AYE, CHAIRWOMAN HUGtiES DECLARED THE MOTION CARRIEO UNANIMDUSLY. ADJOURNMENT: Chairwoinan Nughes adjourned the iaeeting of the CATV Advisory Commission of May 12, 1983 at 9:55 p.�a. Respectfully su boitted, Oeb Niznik. Recording Secretary � -� . Y ��. , ��S Mr. McCall� Manaqer Northern Cablevision Inc. 35G 63rd Ave. N. E. Fridley, Mn.� 55432 Dear M�. McCall, �D _ 1513 Ber�e Rd. Fridley, Mn. 55421 571-1418 March 22, 1983 When we signed up for your service •bout two years ago you offered several proqrams, in addition to the �ovie channels, that appealed to us. First among these was CE+Si in fa�ct, that was one of the �nain �ea�sons I wanted cable. I fully real i=e that CE�S left the air throuqh no f ault of your se�vice. However, it Nas replaced Nith programming of a completely di4ferent character that appeals to a completely different �udience (channel 28 - rock music). I alsc very �nuch liked the stock n�arket reports on channel 15. About three weeks after your siqnal on this channel began to get qarbled, I called you� station and talked !o a enan who said the bad �iqnal was tot�+lly •nd lU0% the responsibility of the AF �ervice. He said that in his eiqht years of broadcrsting e>:perience AP had yet to send out w qood siqnal. A couple of weel:s later even the garbled siqnal �asn't beir►q broadcase and Nhen I called your station to ask Nhy, I was told that your equipment was bad and would have to be replaced. That was weel:s and weeks ago. One of your technicians told me the tired old story that the equipment had been ordered� but had not been delivered. I have learned over the last two years that whatever i s wronq i s never the faul t of Northern Cabl evi si on. A small plus in the broadcasting we oriqinally �eceived from you, was the KTWN jazz �nusic broadcast with your index. I find th� country western music you now broadcast very unpleasant to listen to. Sonqs �uch as "Redneck Girl" have little appeal for n�e. Another station thst I very much enjoyed was WOR from New York. This was the one station you were still broadcastinq that had some intellectual content offered during the day. It had an e::cellent rnorning public affsirs proqram; a wonderful noon news with many featu�es, includinq movie and play �eviews by one of the 1 country's top c�itics. pive� the day after the openinqsw and a point ot view that can't be faund in loca2 and �n national news; better quality �ovies than offered by Chicaqo or Atlantai several qood late niqhL public �ffairs dis- cus�ion proqrsms; and �y colleqe-ape sons say that the sports were �any •nd varied. I rtalize that you had to omit one of thrse three channels. The Chitaqo channel offe�s: tired �eries rerunsi the same basl:etball pames were sho�n on channels 16 •nd 4!i Sunday night w specia2 on 17 was also beinq shown on ili the news is the same as broadcaat on 9= •nd the Cubs qames. Because Wriqley Field does not have liqhts, these qames are shown during the daytime which means the audience �or them, er.cept on weekends, i� mainly women, children, retired people and those who wor� niqhts. I am 4rom Chicago and was brouqht up to be a Cub f�n but if their qames are the �ain �eason you chose to retain thi� channrl� I think you made a a�i stal;e. The Atlanta channel has even less appeal since it offer� the same news that is on 2� and • preat �nany tired reruns. My kids who a�e �vid sports fans said the sports offered on Atl��ts are the least of the three channels. Please do not tredit yourselves with qivinq us view�rs anything of vaIue in that new fVashvi2le station. i have watched e few minutes of it here and there just to see what it offers and I have zeen a lot of no talent, new talent often sinqing off key, with banal interviews of these people; a brainless g�me show about country music �and performers; an interview with some woman about a F'orter Waqgoner Show of 2C� years aqo (this was repeated the ne::t day) S an interview with some performer about all the j�ckets he wea�s when he performs and the story each had to tell; sn interview with Goober of the Andy Griffith Show talso repeated the very ner.t day); and a lot of programs where we qet to watch a bunch of ordinary people dance to CW �►usic ala Lawrence Welk. I called your station to protest the dropping of the New York station and Nas qiven a canned �nessage by your receptionist that if I didn't like it I s�ould write my senator. Again, what happens at your business is never your responsibility. Of course s�e didn't mention that you had a choice in which station you dropped. Wel l, I di dn't wri t�- my senator lyet ); I ca2 2 ed Cl yde Mo�avet� i�stead. He was equslly disappointed in your dropping Nrw York because it Nas a channel his family watched also. Ne said you say you have some sort of poll of your viewers that Manted that staticn dropped. I would be very qrateful if you aould send �+e a copy of the results of your poll. No one I have spoken to was polled. Last weekend, Ghannel 23 was broadcasti�g a bad siqnal Friday eveninq throuqh about 6 AM Monday morning. This has happened before and I have called your wee{:end number once in the past to �eport su�h thinqs. I didn•t bother this time because I learned from er.perience that no one would be there to fir, it until Mondey 2 � �E �or�inq. You run � 24 hour a day. seven day � week se�vicei �ut you run i t on s 9 to S basi s. You broadcast s eess:qe that people �vith camments on your service should call. Mell� I had a lot of comments so I wrote them down. In the past I called and talked �vith someone natmed Mary but she isn't there anymore. She Nas quitr anxious to take ca�re of all shortcomings in your service a�d thc �ay your personnel deal� aith the public. I would be happy to talk to you i� person but it is di4ficult to find you avail�ble. If you aould care to call me, �y phone �umber is at the top of this lette�. Yours tfuly� � � � —� i ��k`. f ./ 8arbara A. Phelps �Mrs. R. Kenneth Phelps) copy: Clyde Moravetz 3 � LF N E M 0 R A N D D M ?0: Nasim !!. Qureshi. City Manager FROM: John C. Flora� Director of Public Morka � DATB: July T, i983 ' SUBJECT: 1983 �oncrete Pavement Joiat i Crack Resesling Pro�ect On Shursday� July 7, 1983� in the Civic Center, bid� Were opened for the 1g83 Concrete Pavement Joint and Crack Re�ealing Project. Siz fir�s xere interesLed aad we reeeived five bida. Higtixay Services of Ninneapolia vas the low Didder with =21�240. This bid is lover tban ve received la�t year and lower than they aubmitted in our �oint bidding proposal with Columbia Heights and Nev Brighton. iie are fortunate to have re-advertised this pro�ect to oDtain a=2�960 aaviags. Recommend the City Council receive the bida and award the 1983 Concrete Pavement Joint and Crack Resealing Pro�ect to Highway Serviaes. JGF/mc Attachement 3/1/t7/11 � 13 13 A 1g83 CONCRETE P�O�NT JOntT � CRACb RBSEALZHG PB0.TBCT City of Fridley 643t IIaiversity Avenue H.E. July 7, 1983, 11:00 a.m. Bid Baac Planholder Bond Bid Highway Serwieea 6317 Cambridge Street 5i =21�240.00 Minneapolis, !�1 55416 Palda � Sons, Inc. 1462 Dayton Avenue 5i =24�860.00 St. Paul, !QI 55104 Allatate Paving, Inc. T200 Hemlock Lane North 5i =25,600.00 Maple Grove � !Ql 55369 Arnold Becl�an, Inc. 680i Nest 150th SLreei 5i =33,220.00 Apple Valleq, M8 55124 Great Lakes Paving � Coastr. P.O. Box 147 5x =42,850.00 Suamico, YI 5�173 Concrete Curb Company T71 Ladybird Lane NO BID Burnsville, !A1 55337 3/1/17/10 mc TMt GITY OF Fqi L Y DATE � -'~- FROM D.P.W. SUBJECT { . OfRECTORATE . OF PUBLIC WORKS State Aid Resolution, East River Road b 44th Avenue 14 p �A ac o MEMOiaANDUM •� •�i� The City Council passed Resolution 8-1982 on January 18, 1982, requesting State Aid Funds for the signalization and improvement of the intersection of East River Road and 44th Avenue. The bids have been received for the project and the contract awarded. The costs are slightly higher than originalty anticipated, therefore, a new resotution must be passed to cover the city's portion of the project. The attached resolution increases the State Aid sum from =10,800 to 512,000. This amount should cover our portion of the contract. Recommend the City Council approve the attached resolution. JGF/mc 0 ACTIONI INFO. 0 RBSOLIITION N0. _,,, - 1983 RESOLDTIO� IPPROPaIATI�G NIINICIPAL ST�?B-AID FIIND3 SO C.S.A.H. PaOJECT p0. 02-601-26 BE IT RESOL9ED bq the Council oP the City of Fridley, Anoka County, Minnesota, as Polloxs: WHEREAS, it has been deemed advisable and necessary for the City of Fridley to participate in the cost of a traffic signal construction project located on C.S.A.H. No. 1, (East River Road) and C.S.A.H. No. 2� (44th Avenue) xithin the limits of said municipality, and WHEREAS, said construction project has been approved by the Department of Highxays and identified in its records as S.P. No. 02-601-26. NOW� THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that We do hereby appropriate from our Municipal State-Aid Funds the sum of 12,000 dollars to apply trn,rard the construction of said project and request the Commissioner of Highxays to approve this authorization. PASSED AND ADOPTID BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS bAY oF , 1g83- iiILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERR 33/0/17/14 14 A �s c�TV o� FRI L Y � �� . ... ; DATE �`� Ju FROM D.P.W. Jo F:. :.� DIRECTORATE � OF PUBLIC WORKS Public Works Loader Advertisement i Nasim M. TO shi � t MEMORANDUM +' R y �' tP � The 1983 Public Works Budget includes �72,000 for a two cubic yard loader. We have delayed purchase of this item until now in order to obtain reasonable bids and allow delivery in time for this winters snow removal. We are advertising this item with options for the grader trade-in and lease. Recomnend the City Council approve the attached resolution to adver- tise for a two cubic yard loader. JGF/mc ❑ ACTION I INFO. - �:.: � . . �.:. • �:�: i• i• � y•� -�:• : �i_ 8E IT RESfE.vID by the Can�cil o� �e City o� 1�idley, as follcwss l. �at it is in the interest of the City to award bid contracts for the follawing iteas or materials. ONE (1) FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR LOADER 2. A oapy of the specifications for the above described itens and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and ti�e same are hereby appraved and adopted as the plans and specifications� and the method of aoquisition and payment to be required by the City with respect to the ac�quisition of said iteus and materials. 3. Tfie purchase of s$ia it�s and materials as described above shall be effected by sealed bicis to be received and opened by the City of Fridley on 3rd day of August 1983. Z�e City Manager is directed and authorized to advertise fo�r the purchase of said itesns and materials by sealed bid praposals �der notice as pra�vided by ].art and the Q�arter of the City of FYidley, the notioe to be �substantially in form as that shown by Exhibit 'A" attached hereto and made a part of by reference. Said notioe shall be published at least twive in the c�ficial newspaper af the City o� Fridley. PASSID AND ADOF'I'ID BY �lE CITY Q�IJIJCIi OF THE QTY OF FRIDLE'Y R�IIS � DiAY OF ._...�.��.r 198,2. .. . . WII.LIAM J. I�E - MAY�R A1TF�T: SII21�'Y C. ]rII�'1J�,N - QTY Q.IItR 7/6/83 15 A CITY OF FRIDLEY BID NOTICE • for ONE (1) FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR LOADER EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids for Four-Wheel Drive Tractor on the 3rd day of August until 11:00 AM on said date at the Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432 (telephone: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this s°ction can result in disqualifications of the bid. Each bid shall be accompanied by a Certified Check, Casnier�s Check, Cash or Bid 8ond and made payable without conditions to the City of Fridley, Minnesota, in an amount of not less than five percent (5X) of the bid, wnich • theck, tash, or bond shall be forfeited if bidder neglects or refuses to enter into contract, after his bid has b�en accepted. The City reserves the right to accept the bid Nhich is determined to be in the best interests of the City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid received without explanation. The City Council also reserves the right to consider such f actors as time of delivery or performance, experience, responsibility of the bidder, past performance, of similar types of items or materials, availability of products and other similar factors that it may determine to be in the best interest of tne City. . • Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained irom his office. All bids must be submitted in sealed envelopes and plainly marked on the outside with .FOUR-WHEEL DRIVE ARTICULATED TRACTOR LUA'D�'R" Nas im Quresh i City Manager Publish: Fridley Sun 3uty 20, 1983 • Ju1y 27, 1963 15 B fOR CONCURRENCE BY THE C1TY COUMCIL - ��qjr',$ 16 • Cf�'iIP� �r'UMBERS 169545 - 1�7Z03 0 FAR CONCURRENCE BY THE C1TY COUNCIL —(,j(��$ July li,_ 1983 . Type of License: � Approved By: Cigarette Skywood Clns. & Launderers 5251 Central Ave.N.E Fridley, Mn. 55421 � Wickes Furniture 5353 E. River Rd. Fridley,Mn. 55432 Taxicab Columbia Neights Taxi 903 - 40th Ave.N.E. Columbia Hgts.,Mn.55421 Food Vehicle Fabian Seafood P.O. Box 1405 Galveston, Tx. 77553 Vending Machine Frank's Nursery 7620 University Ave.Pa.E. Fridley, Mn. 55432 Fridley Foods 8154 E. River Rd. Fridley, Mn. 55432 Cub Foods 250 Osborne Rd. N.E. Fridley, Mn. 55432 Holiday ldarehouse Worth Hwy. 694 & Univ. Ave.N.E Fridley, Mn. 55432 Sinclair Oil 6071 University Ave.N.E. Fridley, Mn. 55432 Sinclair Station 6290 Nwy. #65 N.E. Fridley, Mn. 55432 � Northwest Vending A & J Enterpri2es John LaMont 5teven Fabian Larry tallie Coca Cola Bottling Coca Cola Bottling Coca Cola Bottling Coca Cola Bottling Coca Cola Bottling Skywood Clns. & Launderers P�orthwest Vending 5251 Central Ave.N.E. Fridley, Mn. 55421 ,. James P. Hill •• Public Safety Director James P. Hill -Public Safety Director , James P. Hill Public Safety Director Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Oison Health Inspector Steven J. Olson Health Inspector Steven J. Olson Flealth Inspector Steven J. Olson Nealth Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector .: Wickes Furniture A& J Enterpri2es Steven�J. Olson 5353 E. River Rd. Health Inspector Fridley, Mn. 55432 17 Fees• $12.00 $12.Q0 $55.00 $50.00 �25.00 $25.00 $25.00 - $25.00 $25.00 $25.00 -050.00 $175.00 � F.OR CONCURRENCE 8Y THE CITY COUNCIL -��sEs JULY 11, 1983 EXCAVATING ' Master's Plumbinq +44 I�o�w ry N. E . � Minneapolis, :R� 55418 . By: William Pajak GAS SERVICFS Klatam Mechanical Oontractors, Inc. • 12409 County Road #11. Burnsville, i�II�T 55337 By: Ed Klamm Jr. GEt�RAL OOI�TRACZ�OR C.O. Field Company 2940 Harriet Avenue South Minneapolis, t�i 55408 By: Russell Oonzet Johnson's Insulation & Remodeling Inc. 2816 East 3E3th Street Minneapolis, !�J 55406 By: James Johnson Kilgore Siding Co. 460 ?�lississippi Street 27. E. Fridley, !�i 55432 Netko Haa►e Ir.iprovement 3446 Russell Avenue North Minneapolis, NIIJ 55412 Witcher Construction Co. 2730 Nevada Avenue North New Hope, P47 55427 HEATI I�G Rik-McPlumbi� Inc. 1912 - 44t1i Avenue North Minneapolis, t�47 55412 ROOFING Justen Roofing Box 113 Star Route Isle, t�B1 56342 SIGN ERECTOR Cragg Signs Inc. 9636 - 85th Avenue tiorth Maple Grove, t�II� 55443 ROOFII� Rainville-Carlson Inc. 2929 Lyndale Avenue South Minneapolis , I�¢I 55408 0 By: Frederic Kilgore By : Dan Ne tko By: J. i7. Adamson By: Rick McFeters By: Donald Justen By: William Cragg By: Edward Stallman APPROVED BY DARREL CIJ,RK Chief Bldg. Ofc. WILLIAlf SANDIN Plbg.-Htg. Insp. I�ARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARR�L CLARI: Chief Bldg. Of c. DARR�L CL71RK Chief Bldg. Ofc. FIILLIAM SANDIti Plbg.-Htg. Insp. DARREL CLARK Chief Bldc�. Ofc. DARREL CLARY. Chief Bldg. Ofc. UARREL CLARK Chief Bldg. Ofc. 11A . FQR CONCURRENCE BY THE CITY COUNCIL � 20, 1983 Aerrick � New�n, P.A. 6279 University Avenue, N.E. Fridley, 1�] 55432 Fbr legal servives rendered as City Attorney for the month of May, 1983 Hardrives, Inc. Maple Grove E�cecutive Center 7200 Aealock Land North Maple Grwe, 1�] 55369 Partial Estimate #3 Street Improvenent Ptoject ST 1983 1 Street I�rovement Project ST 1983-2 Halwrson Construction Oo. 4229 - 165th Avenue Wyoming, Minnesota 55092 Partial Estimate #3 Misc. Concrete (Xub & Gutter & Sidewalk Park Construction Caiqaany 7900 Be�ech Street N.E. Fridley, NIN 55432 Partial Estitnate �4 BASFU Project #137 Electric Service Cat�pany 1609 �icago Avenue Minneap�lis, NQT 55404 Fstimate �3 • Fridley Sports Lighting Project lr�onette Construction 2050 iefiite Bear Avenue St. Paul, 1rT1 55109 Estimate �3 • Fridley C,o�unity Plaza Project �i �r : M� 0 $88,757.83 $33,217.74 $ 2,594.40 $121,975.57 $ 1,684.00 $ 41,813.65 $ 12,350.00 $ 82,479.95 : 0 . Ws6a C. Mtw�iCK O�tiO ►. ntwr�N VCH HERRIGK 8c NEWMAN. P.A. AROAN�ri AT {,AW . June 22, 1983 City of Fridley 6431 University Aveaue Northeast Fridley, Minnesota 55432 May Retainer: HOURS IN EXCESS OF 30 AT S50.00 PER HOUR: EXPENSES ADVANCED: Subpoena re Massage Yarlor: Process Service re Wise: 48 xerox copies: BALANCE DUE: ss» uNwc�s�TV AV�NY! N.[. fRIDIEY, MINNESOTA sS��2 571-�SO S1650.00 917.50 2.00 17.70 7.20 S2594 .40 18A