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VAR 07.74e OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: "I NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on Monday, July 1, 1974 to consider the following matter: i request for reapproval of variances of Section 205.053,4,B4, Fridley City Code, to reduce the side yard setback adjoining an attached garage from 5 feet to 2 feet and Section 205.053, 4, to reduce the front yard setback from 35 feet to 32 feet to permit the construction of a semi - underground garage on Lot 6, Block 1, Donnay's Lakeview Manor Addition, the same being 5851 West Moore Lake Drive N.E., Fridley, Minnesota. (Request by Mr. Rowland Jacobsen, 5851 West Moore Lake Drive N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. FRANK G. LIEBL Mayor We, the undersigned, the property owners of 5851 West Moore Lake Drive, legally described as Lot 6, Block 1, Donnay's Lakeview Manor Addition, hereby request that we be allowed to build a garage lower than the road. We do understand that this is contrary to the recommendations of the City Engineering Department. If we are allowed to procede with this construction, we will hold the City Harmless against any future problems or claims by us and we will also advise the future property owners of DATE u.A To City of Fridley, Board of Appeals: of Section 45, 053, 4B, subparagraph 3® A request of variance from Sylvan and Majel Holen to re— duce the side yard requirement from 51 to 21 for the purpose of building a semi underground block garage has been asked by Mr® & Mrs. Rowland Ea Jacobsen This request will be in agreement with us the undersigned. 5841 W. Madre Lake Drive N. E Drive N. E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 I c Atf Z75 Mi A& Land Planning Land Surwyff y "Soils Testing ENGINEERING9 INC. Minneiofu StInsel 4 6066 Civil b- Municipal En nyineers Sur veVors -A 6 EoL*. PCIVILM)l c� 2-1 AV LOT 6 Ali 4 /VL A 1\10k.A CO,' /hereby cerhry that lhls /5' a kue and correct rereset7fation ore survey elbe bomdories q('& obare &xf4h--d land, end ran or an said lend As -SUrVeed by me , Ch locqlicn q0all biv;ldl;�, 5 /hereon and a// rl'5We wloll�lcllS rolY - f A. 0. SU8UR,6M ENC NEERIN6, IN.C. Svr re 01'.5 9 i REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 13 Councilman Starwalt asked when the Wall Corporation would be breaking ground. Mr. Dante said he could not determine an exact date at the present time. He again explained that the City has the drawings, but they are communicating.on a daily basis correcting and adhering to what had to be done. Mr. Dante said Wall Corporation was trying to fill the City requirements. He commented Wall Corporation had wanted to begin construction the previous month. He said they hoped to get started the current month. Councilman Starwalt asked the City Manager if this type of procedure had been followed in other areas such as Innsbruck. Mayor Liebl explained this to be a different situation, Innsbruck had donated land in exchange for the plat. The City Manager agreed and said this had been 12 acres and the land around the lake. Councilman Starwalt said unless there is some good reason for deviating from the policy, j the past policy should be followed. He said he believed the payment of the money at this time would be good for the Wall Corporation as well as the City. He continued, he would not support a motion to change this policy at this time. Mayor Liebl called on Councilman Nee to explain the intent of this type of suggestion. Councilman Nee said he had made this suggestion when the proposal for the donation to the park fund would have been $20,000 with the construction of two tennis courts and his suggestion would have been to extend the time period for the installation of the tennis courts. He said he had discussed an arrangement that would delay the construction of the tennis courts for two years. He explained the conditions had been scaled down some since this was the proposal. He said he believed the approval of this request would set a precedent that would be very difficult to live with. Councilman Nee said he understood the applicant's problem, but if this was approved at this time, it would have to be done for everyone in the future. He asked how it would be possible to enforce this type of policy in the coming years. The City Manager said he believed Councilman Nee's comments were pertinent to the question at hand. He said this had never been considered before and it would set a precedent. He pointed out that other developers in the City had paid the same high interest rate. He commented the others would expect the same type of requests to be approved. Councilman Breider said he concurred with the comments -of Councilman Starwalt and Councilman Nee. MOTION by Councilman Breider to deny the request of Wall Corporation concerning the delay in payment of the $8,000 park fee. Seconded by Councilman.Starwalt. Upon a ! voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Dante said there was another matter that would have to be settled at the present' meeting. He mentioned the installation of the structure in*the dedicated easements. The City Manager said there is some ponding necessary and there were two levels in elevations for this ponding. He said this area in question concerned the normal range and also a 50 year range frequency. He explained this would indicate an average of every 50 years, this area may be flooded. He further explained the current concern was that the garages were planned for installation within the 50 year frequency range, in I the drainage area. Fie said at times, there may be water around the garages. He said there would be no serious problem in this, but if this is approved, Wall Corporation should bear the liability. He suggested this be stipulated that Wall Corporation or future owners or developers of the area be liable for any drainage problems. MOTION by Counciman Breider to approve the installation of the garages in the dedicated area with the stipulation that any liability for the drainage damage or problems be born by the Wali Corporation, future owners or developers. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REAPPROVAL OF VARIANCE_ REQUEST TO BUILD AN ATTACHED GARAGE 2 FEET FROM LOT LINE AND ALSO TO CONSTRU' C� A GARAGE 2 FEET -BELOW THE GR E OF THE STREET -5851 WEST MOORE LAKE DRIV—E, ROWWLANDE� . J aCOBS ted: MOTION by Councilman Starwalt to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the matter of the reapproval of a variance request to build an attached garage 2 feet from the lot line opened at 9:43 P.M. i REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 14 `s E The City Manager said this request was before the Council and approved a few years ago. He explained the property would drain to the Moore Lake area. He further explained at the time of the first request and approval, the City had received a letter of approval from the adjoining property owner. He said the two people at that time were in agreement with the request. MOTION by Councilman Starwalt to receive the letter from Mrs. Holan with the notation that this property owner is no longer effected by this variance because they no longer reside adjacent to the applicant. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt explained that he had talked to the Jacobsons and also other property owners in the area. He noted that this action had taken place four years ago, but the requested structure had not been constructed at that time. He said he would like to address some questions to the City Manager. He continued asking if there could be a drainage problem in this area and if it would be possible to hold the City harmless if any problems occur. He said Mr. Jacobson's alternatives would be to either build the garage five feet above the roadway and create a tuck under garage or go by the present proposal to build it two feet under the elevation of the roadway. He said in the later case the water would run toward the garage and in a heavy raifall, the water would be directed through the garage and drain to Moore Lake. Mr. Jacobsen addressed the Council and explained there would be dead man's tile installed in the back of the garage within the ground to drain the garage. He commented if the water was up to this elevation, everyone in the area would have a problem, not just himself.. Mr. Jacobsen stated he believed the drainage problem had been solved in the plan. The City Manager explained that this drainage system could become plugged and create some problems in the garage. He said the applicant should take the responsibility for any drainage problems if the neighbors do not object to this construction. Mayor Liebl asked Mr. Jacobsen if he would concur with the agreement which had been signed the last time the variance had been applied for. Mr. Jacobsen said he would agree with this signed agreement, he would like reapproval of the agreement. The City Manager stated the garage floor would be lower than the curb and the drainage would go toward the garage. Mr. Roger Jorgenson, 5841 West Moore Lake Drive, addressed the Council and stated he is the present abutting property owner and this variance would allow construction two feet from his property line. He commented there would be some problems if conditions created by this installation were not properly maintained. He said the garage roof line would create a patio which would be 12 feet from his bedroom windows. Mr. Jacobsen answered, this area could not be used as a patio, he had already built a beautiful patio in his yard and he would not use the top of the garage for another patio. Mr. Roger Papke, 5801 West Moore Lake Drive, said he would not have any faith in the installation of retaining walls. He explained there are some in the area which had been installed and are crumbling. Mr. Bernard Altermatt, 5831 West Moore Lake Drive, said he would.like some assurance that this time the work would be done. He explained, last time this was considered, there was a mound of dirt hauled to the area and it is still sitting there. Mr. Jacobsen explained this would have to be done when a person is in proper health and has the financial means to support the project. He said the construction would come up to from $5,000 to $7,000. Councilman Utter asked Mr. Jacobsen the reason for installing the tuck under garage rather than one level with the ground . Mr. Jacobsen in turn asked Councilman Utter if he had been up to the site. Mr. Jacobsen continued stating this would create a situation with the level installation that would not allow access to the back yard. He explained there would be the possibility of constructing a ten foot family room on the top portion of the garage in the future. He said this would allow for the construction of a bigger house. Another resident of the area said he agreed with the feelings of Mr. Jorgenson and was I 284 REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 15 concerned about what would be done with the top of the garage. He continued this would be close to the Jorgenson bedrooms and if there is a family room constructed, this would be disturbing. Mayor Liebl said there would be 16 feet in between the garage. He continued stating this is a normal distance for a separation between homes. Councilman Nee questioned how Mr. Jacobsen proposed to protect his neighbor, did he plan to fill in the area. Councilman Utter asked if he planned to install retaining. walls. Mr. Jacobsen said he would install retaining walls, he would have to protect himself at the same time with this installation. He informed the Council that many people up the street have retaining walls. Mayor Liebl asked Mr. Jacobson if he was prepared to accept the responsibility for the construction of the proposed retaining walls. Mr. Jacobson said he had already done this and this construction was in the plans. Councilman Nee asked if the proposed incline would be about six to one. Councilman Starwalt asked Mr. Jacobson how he planned to get out of his driveway. Mr. Jacobsen said he had talked to some people with the same elevation difference and they had indicated this to be no problem. He said if this is constructed properly and the snow is removed, there would be no problem at all. MOTION by Councilman Starwalt to close the Public Hearing on the matter of the variance request by Mr. Rowland Jacobson. Seconded by.Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing colsed at 10:12 P.M. Mayor Liebl stated the applicant is willing to spend the money and construct an acceptable wall for Mr. Jorgenson. MOTION by Councilman Starwalt that the action on the variance be tabled until the following Monday evening, July 8, 1974, to enable him to discuss the proposal with the area property owners. Seconded by Councilman Utter. Councilman Starwalt asked if there were any plans from the contractor which could be reviewed. Mr. Jacobson said these plans are being drawn up at the present time and they include the drainage pians, driveway and retaining walls. Mayor Liebl said it would not be considerate of the City to insist on the submission of detailed plans before approval of the construction because of the cost of such plans. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the mot -,-7 carried unanimously. RECEIVING PETITION #10-1974 - REQUESTING CONSTRUCTION OF BIKEWA'i ALONG EAST RIVER ROAD FROM MISSISSIPPI STREET TO OSBORNE ROAD AND ALONG MISSISSI1('1"STRE•ET TO OSBORNE MOTION by Councilman Utter to receive Petition #10-1974 requesting the construction` of bikeways along East River Road from Mississippi Street to Osborne Road and along Mississippi Street from East River Road to University Avenue. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO CITIZEN COMMITTEE FOR THE QUESTION OF BICYCLEJWALKWAY SYSTEM: Mayor Liebl said he had recommendations for the appointment of two persons to the committee. He suggested Mr. Bob Lee, 144 Satellite Lane, 560-1092 and said he would be from the third area. He also suggested the appointment of Mr. Bob A. Riese, 6031 5th Street N. E.,.560-6699, from the seventh area. Councilman Utter said he had contacted four people, but he kad not obtained any response to this request at the present time. He said he was not ready to make any recommendations at the present meeting. Mayor Liebl said he had talked to the people he had recommended and they indicated they would like to serve on the committee. 285 . REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 16 Councilman Breider suggested the appointment of Mr. William Gerads, 7545 Jackson Street as the representative of area number five. Councilman Starwalt said he would recommend Mr. Dennis L. Schneider, 6190 Stinson Boulevard N. E., 786-7059, as the representative of neighborhood number nine. He suggested Mr. Dale Hagen, 7484 Hayes Avenue N. E. as the representative of area number eight. Councilman Breider said this man is residing in neighborhood number five. Councilman Nee recommended the appointment of Mr. Vern Moen, 7154 Riverview Terrace stating he is interested in the system and is working on this for the Rotary. Councilman Nee also suggested Mr. Joe Schommer 543 Janesville Avenue as the represen- tative of neighborhood number one. He said he had no proposal at the present time for area number four. Councilman Nee asked if the appointment of Mr. Joe Martin, 144 Rivers Edge way would be feasible as a representative of area number four,. indicating he resided in area number three. Councilman Nee indicated he would withdraw the recommendation to appoint Mr. Martin. He stated he would rather find representation•in area four than take someone out of the third neighborhood. Councilman Starwalt mentioned an other possibility for appointment, but said he would like to receive confirmation •From the man first. Mayor Liebl indicated there would have to be someone from the area designated as number six, there was more than 500 homes in this area. The City Manager said this item would be brought back to the Council for future recomi-tendations. Mayor Liebl said the names of the current recommendations should be kept as a part of the record. CONSIDERATION OF A REQUEST TO APPROVE CORRECTION TO THE PLAT OF INNSBRUCK NORTH 2ND ADDITION: MOTION by Councilman Starwalt to accept the certificate of survey for the correction of the Plat of Innsbruck North 2nd Addition. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Assistant Engineer explained this error to have been made because one lot was not numbered on the original plat. COUNCIL APPROVAL OF BALLOT FOR ON -SALE LIQUOR LICENSES: Councilman Breider asked if the wordingof the ballot could be changed. He believed the information in the working to be misleading because it would state the City would be issuing more licenses than allowed by law. The City Attorney said this is the language that is required by law. He believed some information being placed in the City newspaper would aid in alleviating this misunderstanding. Councilman Starwalt asked if it would be possible to challenge the wording, indicating this was also his concern. Councilman Starwalt further questioned how the Council was to expect the voter to understand something the Council did not understand. The City Attorney said the wording could not be changed, but there would be some value in the City getting some form of news.release to the local papers for this explanation. He expressed concern that if the language were changed, the vote could be challenged. Mayor Liebl stated if there was no objection, the matter.would appear on the ballot as presented to the Council. COUNCIL APPROVAL OF BALLOT QUESTION ON NORTH PARK: Councilman Utter asked if the nature center is passed, this would require a special bond issue and would require a general election later. Mayor Liebl said the City should explain the financial obligation to the people and this should be added to the ballot. He said the obligations of the City for the installation of the golf course and the nature center should be explained. 13 PUBLIC HEARING MEETING OF JULY 8, 1974 PAGE 13 Councilman Utter asked if there had been some notice sent to the area property owners. Mr. Clark said the notice had been sent. He explained the reason this had been brought before the Council was because the addition world create a garage which would be bigger than the house of the applicant. He said this would not be a home occupation, just storage. Mr. Clark said the applicant is currently storing paint in the existing garage and leaving his truck outside. The plans would allow for the use of the garage for truck storage and also the storage of the paint. Councilman Breider said he agreed with the water base paint is the thing of the day. paint available. Councilman Breider said paint, they could not get delivery on it. comments made by Mr. Clark in that He said there is not much oil base when his company has ordered oil base Mayor Liebl asked if the approval of this request would set a precedent. The City Attorney said the approval would have a substantial effect of the garage. He said if none of the.neighbors object, there would be no reason for the Council to deny the request. Councilman Breider asked the amount of paint the applicant planned on storing in the garage. Mr. Clark said he could not answer this question the applicant had talked to Mr. Aldrich. Mr. Clark said he would assume he planned to store a large amount of paint. The City Attorney stated there are regulations in the State Building Code which would control the regulations of such storage. Mr. Clark said these regulations would be covered in the National Fire Prevention Code and there are some suggested stipulations which would comply with this Fire Prevention Code. MOTION by Councilman Breider to approve the request to construct the 24 foot by 24 foot addition to the existing garage at 250 67th Avenue N. E. by Mr. Thomas Eilers, with the stipulation that the regulations of the Fire Prevention Code be followed and indicating that this will not set a precedent. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ERATION OF REAP JULY MOTION by Councilman Utter to take the matter of the reapproval of the variances to allow the construction of a semi -underground garage at 5851 West Moore Lake Drive by Rowland Jacobsen from table. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said he had visited the area and had taken Commissioner Cisar with.him on the visit. He recalled the variance had been granted in 1970 when Mr. Jack Kirkham was Mayor, and he was a member of the Council. He said in his judgement, if Mr. Jacobsen does what he says, which would cost thousands of dollars to put up a proper retaining wall and this is a part of the stipulation, the City could issue the building permit. Mayor Liebl recalled that the adjacent property owner at the time of the first approval was Mrs. Holan and she had no objections to granting the variance, and the minutes of the Council meeting will verify this statement.. Mayor Liebl addressed the applicant and said he would have to comply with the requirements of the City if this variance request were to be approved. Mr. Jacobsen addressed the Council and said he would like to comply with the stipulations of the Council. He said if there were some new stipulations, they would go along with the City. Mr. Roger Jorgenson, 5841 West Moore Lake Drive addressed the Council and said he had moved to the area in July of 1971, and was not aware of the variance for the garage on the adjacent property at the time of the sale of the home. He added, he had found this out at a much later date. Mr. Jorgenson indicated he knew there may be a garage built, but he did not know there was a variance in the building of the garage. Mayor Liebl again recalled that the variance had been granted previously and had been approved by the Council. He said at the time because of personal circumstances, it was impossible for the property owner to build the garage at that time. He added, - 14 i PUBLIC HEARING MEETING OF JULY 8, 1974 PAGE 14 now the property owner wants to hire a contractor and spend $7,000 on this construction to comp y with the building code and the stipulations of the City of Fridley. Mayor Le1bl said the property owner would waive the City's responsibility for the drainage j problems in the area. Mayor Liebl said he could not see why the Council could deny the request. The City Attorney advised the Council that the waiver of setback is like the building permit in that it would have to be acted on in a certain amount of time. He used the example that if a property owner was granted approval of some waiver ten years ago and wanted to go ahead with the plans at this time, it would be appropriate for the Council to reconsider the request. He said it would be the Council's prerogative to approve or deny the request. Mayor Liebl said when the property was for sale by Mrs. Holan, she told the realtor there would be a garage built and the realtor told Mr. Jorgenson. Mayor Liebl said he was told, but not before the sale of the property. Mr. Jorgenson said this statement was correct. Councilman Starwalt asked Mr. Jorgenson when he became aware, that there was some variance consideration for the garage construction on the property adjacent to his hoem. Mr. Jorgenson said a couple of months after he moved into the Dome: Councilman Starwalt further questioned if there was anything to this effect in the purchase agreement of the house. Mr. Jorgenson replied, definitely not. Mr. Jorgenson said he recalled Mrs. Holan said there would be a garage, but he did not recall there was anything about a variance being granted.. Mr. Clark, Community Development Administrator, informed the Council that they are considering two variances, not just the one they had been talking about. He advised them that they were also talking about a variance in the front yard setback. Councilman Starwalt mentioned the request for the front yard variance which would allow the construction to project closer to the street than any other house in the area. Mr. Jacobsen said the protrusion would not be so much that everyone will notice. He said it would only be seen by one neighbor, Mr. Jorgenson. He said the houses facing his home would not be able to tell that it is closer. He questioned if anyone could drive down the street and notice the three foot variance. Councilman Breider said one matter that would concern him is that if the home were advertised as having future expansion space, there would be problems with the'future property owners believing that the entire garage top area could be used. He said they could not see adding without adding all the way out to the end of the present construction. He said this situation is something that would have to be explained to the future owner of the property. He said it would limit.any expansion to from ten feet from the property line. Councilman Breider said normally, the Council would not grant any variance that would infringe on the bedroom area of an adjacent home owner. Councilman Breider again expressed concern about the construction of expansion on the top of the garage. He questioned if a person would construct an. addition on the area without consulting the City, would the City tell him to tear it down? Mr. Jacobsen said he was not planning on selling the property soon. He said he planned to make a $7,000 investment to improve the property. He said he could not understand the feeling of the Council that they would not want a citizen to improve his property because his neighbor objects. He stated if the neighbor did not like his proposed addition, he could close off his window. Councilman Utter said he was in the area and looked at the site in respect to the proposal. He said he did not think this would look bad. He mentioned he had not talked to the applicant when he visited the area. Councilman Starwalt said he had felt there would be no problem until he had out that the letter of agreement had been signed by a former property owner. said there are no other buildings projecting this far toward the street. He he is not against progress, he was only looking for some kind of harmony. found He MOTION by Councilman Starwalt that reapproval of the request for the variance construct a garage by Rowland Jacobson be denied. MAYOR LIEBL DECLARED THE MOTION DEAD FOR LACK OF A SECOND. Fl- PUBLIC HEARING MEETING OF JULY 8, 1974 PAGE 15 Councilman Utter referred to the variance in the front yard setback and asked if this would be 32 feet from the front lot line. Mr. Clark said yes, there would be an additional five or six feet from the curbing for right'of way. Councilman Utter asked if it would be possible to build some sort of stoop so this would not infringe on the neighbor. Mr. Jacobsen gave a brief explanation of the construction which would use spancrete. Councilman Utter further questioned if there could be some sort of overhang rather than allowing the variance for the front yard setback to take care of the steps in front. Mr. Jacobsen explained that this would not be possible. Councilman Utter said there would be a great deal of cost involved in the construction of retaining walls. Councilman Nee asked if it would be possible to add some iron to the construction to eliminate the double wall construction. Mr. Richard Harris, 6200 Riverview Terrace, addressed the Council and said it would be possible to install a couple of steel beams for support, this had been done hundreds of times. MOTION by Councilman Utter to approve the variance as requested by Mr. Rowland Jacobsen to allow the construction of a semi -underground garage at 5851 West Moore Lake Drive with the following stipulations: 1. That a proper retaining wall be Constructed to protect this property and also the property of the abutting property owner. 2. That some type of rail or fencing be installed -at the top of the retaining wall. 3. That an agreement be signed by Mr. Jacobsen stating that he will not hold the City liable for any drainage problems in the area. 4. That future property owners would be informed about the setback requirements for any future expansion of the dwelling on top of the garage construction. 5. That some type of rail or fencing be installed on top of the garage. Seconded by Councilman Breider. Councilman Starwalt stated he is not opposed to the applicant improving his property, he believed this to be a problem of adding too large an addition in this area where there is objection. UPON A VOICE VOTE, Councilman Breider, Councilman Utter, Mayor Liebl, Councilman Nee voting aye, and Councilman Starwalt voting nay, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF APPOINTMENTS TO CITIZEN COMMITTEE FOR THE QUESTIONOF BICYCLE/WALKWAY SYSTEM TABLED JULY 1 1974)--. Mayor Liebl recalled at the previous meeting of the Council there had been several recommendations made for this committee. Councilman Breider said he had a recommendation for area number 6, which did not have a representative at the previous meeting, and this would be Mr. Lee Houck, 750 Overton Drive. Councilman Nee recommended that appointment of Mrs. Randy Johnson, 5224 Horizon Drive, 560-6267. MOTION by Councilman Utter to concur in the appointments -of the recommendations of the Council the previous meeting and the current meeting which would be the following: Mr. Joe Schomer, 543 Janesville Avenue Neighborhood #1 Mr. Vern Moen, 7154 Riverview Terrace Neighborhood #2 Mr. Bob Lee, 144 Satellite Lane Neighborhood #3 Mrs. Randy Johnson, 5224 Horizon Drive Neighborhood #4 Mr. William Gerads, 7545 Jackson Street Neighborhood #5 Mr. Lee Houck, 750 Overton Drive Neighborhood #6 Mr. Bob A. Riese, 6031 5th Street N. E. Neighborhood #7 Mr. Dale Hagen, 7484 Hayes Avenue N. E: Neighborhood #8 Mr. Dennis Schneider, 6190 Stinson Blvd. Neighborhood #9 16 PUBLIC HEARING MEETING OF JULY 8, 1974 PAGE 16 Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. INANCE #560 - TO AMEND SECTION 501.01 OF THE FRIDLEY MOTION by Councilman Utter to waive the Second Reading and adopt Ordinance #560 to amend Section 501.01 of the Fridley City Code adopting by reference certain provisions of Minnesota State Statutes Section 169 as they apply to private roads and other property throughout the City of Fridley. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication. ORDINANCE #561 - REPEALING ORDINANCE NO. 542 CODIFIED AS SECTION 406 OF THE FRIDLEY CITY 'CODE RELATING TO ELECTRIC SERVICE FRANCHISE: MOTION by Councilman Utter to waive the second reading and adopt Ordinance #561 repealing Ordinance No. 542, codified as Section 406 of the Fridley City Code relating to electric service franchise. Seconded by Councilman Breider. Upon a roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee and Councilman Breider voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication. CONSIDERATION OF APPROVAL OF 1974 SUPERVISORY COMPENSATION PACKAGE FOR PUBLIC WORKS PARKS`FOREMEN: Mayor Liebl referred to the material furnished the Council in their agenda books. He referred to the memorandum by the Administrative Assistant Peter J. Herlofsky, which indicated that three Foremen would be starting at the top of this rate schedule at the 32 year level of service and the other, the Park Forman would be at this level after completion of his six month trial period. The City Manager explained because of the long period of service with the community, the Park Foreman would also be put at the top of the schedule. He continued with this minor modification, all of the men would be put on the same level in the coming year. Mayor Liebl asked if the longevity was to be eliminated. The City Manager explained the men would be getting the longevity within the amounts of their increase. He added, this would be figured in and be the same as the credit for longevity. Mayor Liebl said the men were taken from the union because the City requested they be put on a supervisory level. He questioned if they were entitled to overtime. The City Manager•stated in the new agreement, there would be no overtime. Mayor Liebl stated if the men work over 40 hours, they would not be reimbursed for this work. The City Manager said the City would like to bring the men to the supervisory level, all other supervisors work on these terms. The City Manager recommended the men be on the supervisory level and work under the conditions that all others in this catagory work under. He further explained these men were not getting the average 6.5% increase as all of the other Administrative personnel had received, they would be getting 9.2% for three men and 12.8% for the one man. He said this amount of increase is justified because they would be going into the supervisory level. Mayor Liebl asked if the overtime and longevity is taken away, would the men be making more or less. The City Manager said overtime is not a priviledge, the men work for it. The City Manager continued, the Foremen should train the men under them to take care of the basic needs.of the Department and they would not have to work overtime. He further commented, he was trying to provide service to the City at a lower rate. When the men reach the supervisory level, this is a different set of conditions. The City Manager pointed out the various members of the Administration present who are not receiving any compensation for attending the current meeting. Mayor Liebl said the situation was a little different with these men. When they were hired, these men were presented with the conditions of employment and these were agreed to. With the Foremen, he continued, the Union had been omitted, and now they are handed an offer and conditions of employment. The City Manager referred to the contract the foremen were working under in 1969 stating at this time, the foremen were making only $23 a month more than the heavy equipment operator. He continued, the City Administration had given the men a larger increase 6431 UNIVERSITY AVENUE NE Mr. Rowland Jacobsen 5851 West Moore Lake Drive N.E. Fridley, Minnesota 55432 Dear Mr. Jacobsen: 560-3450 6 ® 5"dLy ANOKA COUNTY July 19, 1974 FRIDLEY, MINNESOTA 55421 Re: Garage Construction As you are aware, the Fridley City Council granted you a variance to build your garage to within two feet of your south property line. on Friday, July 19, 1974, we were called to verify the distance between your garage (under construction) and your south property line. We met your contractor on the job site and asked if he had located the irons prior to construction. He stated that he was not the person who had laid out the footings, however, the man that had, mentioned that he did find what he thought was the lot line. We then proceeded to locate both the front and rear lot corners on your south line, using the irons we located, we were able to determine that the south wall of the garage under construction was far closer to the south line that you were authorized to build (probably within 1 inch of the line). With these facts, we had no choice but to order the construction to cease. We cannot allow further construction unless the south wall is moved two feet north to meet the two foot clearance between the structure and the south line as previously authorized by the City Council. We certainly can appreciate all you have been through to get this project completed and realize that this may come as quite a shock to you, however, you must also try to understand that it is you and/or your contractor that has inadvertently erred in locating the garage wall at its present location. The only other method of correction would be if you get the concurrence of your neighbor to leave the wall at its present location and of course this would have to be documented in writinge and receive the approval of the City. Sincerely, DARREL G. CLARK Community Development Adm. DGC/mh u(Ui l t' MEMO TO: Nasim Qureshi, City Manager LJ MEMO FROM: Jerrold Boardman, Planning Assistant MEMO DATE: July 31, 1974 RE: Agreement Between Mr. & Mrs. Jacobson and Mr. & Mrs. Jorgenson I have met with both parties involved in the dispute and I have listened to both sides and their concerns. I have drafted a mutural agreement that should satisfy these concerns. I am listing the number of contacts made in order to set up this agree- ment. July 19, 1974 - 4:30 P.M. I met with Darrel Clark and Mr. & Mrs. Jacobson to discuss the problem of the garage being too close to the lot line and what would need to be done. July 22, 1974 - 10:30 A.M. I went to the site to look at the problem. I talked to Mrs. Jacobson and discussed the situation. I went next door and talked to Mrs. Jergenson to determine their feelings about the garage and to set up a meeting between the Jacobsons and the Jorgensons. She wanted to talk to her husband. July 22, 1974 - 4:30 P.M. 1 -..-had a phone call from Mrs. Jacobson to find out if a meeting date had been set. July 23, 1974 - 10:00 A.M. I had a call from Mr. Jorgenson about meeting with the jacobsons. Before he sets the date he wants to talk to his attorney to find out what he should do. July 23, 1974 - 4:30 P.M. I called Mr. Jacobson to inform her that I would let her know when the meeting would be. She was somewhat apprehensive about the Jorgensons bringing in a lawyer. July 24, 1974 - Mr. Jorgenson called to say that he would like to have a meeting on Monday, July 29, 1974 at his attorney's office at 3:00 P.M. e July 24, 1974 - I called Mrs. Jacobson about the meeting date. She felt it was a bad time because both she and her husband worked and her husband just couldn't take any more time off. July 24, 1974 - I called Mrs. Jorgenson and asked if it would be possible to meet on Thursday, July 25, 1974 or Fridley, July 26, 1974 without any legal counsel and just keep it on a neighbor basis and try to work out an agreement. July 25, 1974 - Mr. Jorgenson called and said -he would prefer - to have his attorney at any meeting with the Jacobsons. I suggested that I would meet with him and his attorney and the Jacobsons separately and try to work up an agreement from these separate meetings. Mr. Jorgenson agreed and said he would contact his attorney. • Memo to Nasim Qureshi ` From Jerrold Boardman July 31, 1974 Page 2 Jacobson & Jorgenson Agreement July 25, 1974 - Mr. Gordon Jenson called to set up a meeting on July 26, 1974 at 3:00 P.M. July 25, 1974 - 3:00 P.M. I met with the Jorgensons and Mr. Jenson to discuss their concerns and what could be done to solve this problem. July 25, 1974 - 5:30 P.M. I met with Mrs. Jacobson to inform them of the meeting with Jorgensons and relayed their concerns and that they should try to resolve the problem with an agreement. July 26, 1974 - 12:30 P.M. Mr. Jacobson called and said he wouldn't build a fence on Jorgenson's property and give him ownership of it. However, he would build a fence on top of his retaining wall to Mr. Jorgenson's specifications. July 29, 1974 - I drafted.a mutuall.agreement for both the Jacobson's and Jorgenson's to sign and delivered the agreement to both parties. (Enc.: Copy of Agreement). July 30, 1974 - Mr. Jenson called and voiced his concern about the fence being on Jacobsons property instead of Jorgensons. He said he would talk to Mr. Jorgenson concerning this issue and get back to me. JERROLD L. BOARDMAN Planning Assistant JLB/de Enc.. MUTUAL AGREEMENT BETWEEN Mr. Rowland Jacobson AND Mr. Roger Jorgenson (5851 West Moore Lake Drive) (5841 West Moore Lake Drive) WHEREAS; Mr. Jacobson has been granted a permit by the City of Fridley to -build a semi -buried garage within two (2) feet of Mr. Jorgenson's property line (granted on July 8, 1974 City Council Meeting), and WHEREAS; the actual construction that has taken place so far has been built within .1 foot of Mr. Jorgenson's property instead of the required two (2) feet, and WHEREAS; the construction that is affected by the variance is the south wall of the garage that is almost completed, NOW, THEREFORE, BE IT RESOLVED, that Mr. Roger Jorgenson will not oppose a variance for the continuation of the construction of the semi -buried garage by Mr. Jacobson within .1 foot of his property if the following conditions are met by Mr. Rowland Jacobson. 1. That a wood screening fence be constructed on the retaining wall and on top of the patio/garage roof for the purpose of providing the necessary visual protection and safety of the Jorgenson's property. 2. This fence will be constructed to meet the approval $ of Mr. Jorgenson, within reasonable limits, and will. provide screening at the following locations: a. The fence will be 6h feet high on top of the patio/ garage roof and will taper down to 4 feet of the front yard and then extend to a point on the retain- ing wall where the height of the retaining wall is no more than 30 inches. I ` b. The fence will continue along the rear yard retaining wall to such point as to match up with Mr. Jorgenson's chain link fence. 3. A rear yard retaining: wall be provided as required by the City of Fridley for adequate protection of Mr. Jorgenson's property. 4. That Mr. Jacobson will be responsible for any damage to Mr. Jorgenson's property due to the construction of the garage and these damages be repaired to a like condition before the construction started. 5. There will be no drainage off of the garage roof onto the Jorgenson property and.that there will be in no way any overhang or encroachment on the Jorgenson property. 6. That a bond is set for the protection of Mr. Jorgenson's property in a sum that is equal to that amount necessary to repair any damage to Mr. Jorgenson's property and cover the cost of the fence. 7. That Mr. Jacobson agrees to allow Mr. Jorgenson or any subsequent property owners the right of trespass on -his property between the fence and Mr. Jorgenson's property for the purpose of maintenance. FURTHER; that Mr. Jacobson agrees to all the above conditions of this mutual agreement and will carry it out in good faith. Witness Witness Witness Witness -2- Rowland Jacobson Kathryn Jacobson Roger Jorgenson Jane Jorgenson MEMO TO: Nasim Qureshi, City Manager MEMO FROM: Jerrold Boardman, Planning Assistant MEMO DATE: August 5, 1974 RE: Agreement Between Mr. & Mrs. Jacobson and Mr. & Mrs. Jorgenson I have met with both parties involved in the dispute and I have listened to both sides and their concerns. I have drafted a mutural agreement that should satisfy these concerns. I am listing the number of contacts made in order to set up this agree- ment. July 19, 1974 - 4:30 P.M. I met with Darrel Clark and Mr. & Mrs. Jacobson to discuss the problem of the garage being too close to the lot line and what would need to be done. July 22, 1974 - 10:30 A.M. I went to the site to look at the problem. I talked to Mrs. Jacobson and discussed the situation. I went next door and talked to Mrs. Jergenson to determine their feelings about the garage and to set up a meeting between the Jacobsons and the Jorgensons. She wanted to talk to her husband. July 22, 1974 - 4:30 P.M. I had a phone call from Mrs. Jacobson to find out if a meeting date had been set. July 23, 1974 - 10:00 A.M. I had a call from Mr. Jorgenson about meeting with the jacobsons. Before he sets the date he wants to talk to his attorney to find out what he should do. July 23, 1974 - 4:30 P.M. I called Mr. Jacobson to inform her that I would let.her know when the meeting would be. She was somewhat apprehensive about the Jorgensons bringing in a lawyer. July 24, 1974 - Mr. Jorgenson called to say that he would like to have a meeting on Monday, July 29, 1974 at his attorney's office at 3:00 P.M. July 24, 1974 - I called Mrs. Jacobson about the meeting date. She felt it was a bad time because both she and her husband worked and her husband just couldn't take any more time off. July 24, 1974 - I called Mrs. Jorgenson and asked if it would be possible to meet on Thursday, July 25, 1974 or Fridley, July 26, 1974 without any legal counsel and just keep it on a neighbor basis and try to work out an agreement. July 25, 1974 - Mr. Jorgenson called and said he would prefer to have his attorney at any meeting with the Jacobsons. I suggested that I would meet with him and his attorney and the Jacobsons separately and try to work up an agreement from these separate meetings. Mr. Jorgenson agreed and said he would contact his attorney. Memo to Nasim Qureshi From Jerrold Boardman August 5, 1974 Page 2 Jacobson & Jorgenson Agreement July 25, 1974 - Mr. Gordon Jenson called to set up a meeting on July 26, 1974 at 3:00 P.M. July 25, 1974 - 3:00 P.M. I met with the Jorgensons and Mr. Jenson to discuss their concerns and what could be done to solve this problem. July 25, 1974 - 5:30 P.M. I met with Mrs. Jacobson to inform them of the meeting with Jorgensons and relayed their concerns and that they should try to resolve the problem with an agreement. July 26, 1974 - 12:30 P.M. Mr. Jacobson called and said he wouldn't build a fence on Jorgenson's property and give him ownership of it. However, he would build a fence on top of his retaining wall to Mr. Jorgenson's specifications. July 29, 1974 - I drafted a mutual.agreement for both the Jacobson's and Jorgenson's to sign and delivered the agreement to both parties. (Enc.: Copy of Agreement). July 30, 1974 - Mr. Jenson called and voiced his concern about the fence being on Jacobsons property instead of Jorgensons. He said he would talk to Mr. Jorgenson concerning this issue and get back to me. August 1, 1974 2:30 P.M. Mrs. Jacobson called about Council- man Starwalt's proposal for setting up a meeting and wanted to know what they should do, since the agreement was acceptable as is. I told her that it would still be a good idea to follow the Councilman's suggestion for a meeting so that both parties could discuss any disagreements on the mutual agreement that was set up. August 1, 1974 - 3:45 P.M. Gordon Jensen called to inform me that they would agree to a fence straight down the property line but not to a fence on the retaining wall due to the problem of ownership of.maintained areas. August 1, 1974 - 4:10 P.M. Gordon Jenson called concerning protective covenants on the Plat, Doc. 19637 of Donnay's Lake- view Manon Addition, states that no garage shall be built within 5 feet of the property line. Mr. Jenson said that this covenant is automatically renewable unless a majority of the property owners vote the covenants out. He said that their position on this situation would probably be that if the fence would be put in on the property line and all the other agreements were met, they would agree to the location of the garage. However, this puts the Jacobsons in a bad position with the covenants. Memo to Nasim Qureshi From Jerrold Boardman August 5, 1974 Page 3 Jacobson & Jorgenson Agreement August 1, 1974 - 4:30 P.M. I called Mrs. Jorgenson to set up a meeting between the two partied at 5:15 on Fridley at the Jorgensons. Meeting time was O.K. with them. August 1, 1974 - 4:45 P.M. I talked to Mrs. Jacobson in order to set up the meeting. She said that she thought it was all right, but wanted to discuss it with her husband. I also discussed the question of the fence with her, telling her that the Jorgenson's were willing to allow a fence to go along the propety line. August 2, 1974 - 2:30 P.M. I talked to Rowland Jacobson. He couldn't meet at 5:15 and wanted to make it later. Time was set for 6:45 P.M. August 2, 1974 - Mutual agreement was modified to satisfy both parties. August 2, 1974 - 7:00 P.M. Met with both parties and discussed agreement. Both parties did not sign the agreement although both were in agreement with the stipulations. Jerrold Boardman Planning Assistant JLB/de End.. J OFFICIAL -NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 7030 P.M. on Monday, August 5, 1974 to consider the following matter: A request for approval of a variance of Section 205.053, 4, B4, Fridley City Code, to reduce the side yard setback, adjoining an attached garage, from the approved 2 feet to .1 foot, to allow the construction of a semi -underground garage on Lot 6, Block 1, Donnay's Lakeview Manor Addition, the same being 5851 West Moore Lake Drive N.E., Fridley, Minnesota. (Request by Mr. Rowland Jacobsen, 5851 West Moore Lake Drive N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. FRANK G. LIEBL Mayor 7A MUTUAL AGREEMENT BETWEEN Mr. Rowland Jacobson AND Mr. Roger Jorgenson (5851 West Moore Lake Drive) (5841 West Moore Lake Drive) WHEREAS; Mr. Jacobson has been granted a permit by the City of Fridley to -build a semi -buried garage within two (2) feet of Mr. Jorgenson's property line (granted on July 8, 1974 City Council Meeting), and WHEREAS; the actual construction that has taken place so far has been built within .1 foot of Mr. Jorgenson's property instead of the required two (2) feet, and WHEREAS; the construction that is affected by the variance.is the south wall of the garage that is almost completed, NOW, THEREFORE, BE IT RESOLVED, that Mr. Roger Jorgenson will not oppose a variance for the continuation of the construction of the semi -buried garage by Mr. Jacobson within .1 foot of his property if the following conditions are met by Mr. Rowland Jacobson. 1. That a wood screening fence be constructed on the retaining wall and on top of*the patio/garage roof for the purpose of providing the necessary visual protection and safety of the Jorgenson's property. 2. This fence will be constructed to meet the approval of Mr. Jorgenson, within reasonable limits, and will provide screening at the following locations: a. The fence will be 62 feet high on top of the patio/ garage roof and will taper down to 4 feet of the front yard and then extend to a point on the retain- ing wall where the height of the retaining wall is no more than 30 inches. b. The fence will continue along the rear yard retaining wall to such point as to match up with Mr. Jorgenson's chain link fence. 3. A rear yard retaining. wall be provided as required by the City of Fridley for adequate protection of Mr. Jorgenson's. property. 4. That Mr. Jacobson will be responsible for any damage to Mr. Jorgenson's property due to the construction of the garage and these damages be repaired .to a like condition before the construction started. r; 7B 5. There will be no drainage off of the garage roof onto the Jorgenson property and.that there will be in no way any overhang or encroachment on the Jorgenson property. 6. That a bond is set for the protection of Mr. Jorgenson's property in a sum that is equal to that amount necessary to repair any damage to Mr. Jorgenson's property and cover the cost of the fence. 7. That Mr. Jacobson agrees to allow Mr. Jorgenson or any subsequent property owners the right of trespass on --his property between the fence and Mr. Jorgenson's property for the purpose of maintenance. FURTHER; that Mr. Jacobson agrees to all the above conditions of this mutual agreement and will carry it out in good faith. Witness Witness Witness Witness -2- Rowland Jacobson Kathryn Jacobson Roger Jorgenson Jane Jorgenson MUTUAL AGREEMENT BETWEEN Mr. Rowland Jacobson (5851 West Moore Lake Drive) AND Mr. Roger Jorgenson (5841 West Moore Lake Drive) WHEREAS; Mr. Jacobson has been granted a permit by the City of Fridley to build a semi -buried garage within two (2) feet of Mr. Jorgenson's property line (granted on July 8, 1974 City Council Meeting ), and WHEREAS; the actual construction that has taken place so far has been built within .1 foot of Mr. Jorgenson's property instead of the required two (2) feet, and WHEREAS; the construction that is affected by the variance.is the south wall of the garage that is almost completed, NOW, THEREFORE BE IT RESOLVED, that Mr. Roger Jorgenson will not oppose a variance for the continuation of the construction of the semi -buried garage by Mr. Jacobson within .1 foot of his property if the following conditions are met by Mr.. Rowland Jacobson. 1. That a wood screening fence be constructed on the property line for the purpose of providing the neves visual protection and safety for the Jorgenson's. 2. This fence will be constructed to meet the approval of Mr. Jorgenson, within reasonable limits, and will. provide screening at the following locations: a. The fence will be 7 feet high along that portion of the property line adjacent to the garage structure and along the rear retaining wall to a point where the Jorgenson's chain link fence starts. b. The fence will continue.along the property line to the front of the garage where it will taper down to 4 feet and continue to a point where the retaining wall is 30 inches high. 3. A rear yard retaining wall be provided as required by the City of Fridley for adequate protection of Mr. Jorgenson's property. 4. That Mr. Jacobson will be responsible for any damage to Mr. Jorgenson's property due to the construction of the garage and these damages be repaired to a like condition before the construction started. 5. There will be no drainage off of the garage roof onto the Jorgenson property and that there will be in no way any overhang or encroachment on the Jorgenson property. 6. That a bond is set for the protection of Mr. Jorgenson's property in a sum that is equal to that amount necessary to repair any damage to Mr. Jorgenson's property and cover the cost of the fence. 7. That Mr. Jacobson agrees to allow Mr. Jorgenson or any subsequent property owner the right of trespass on his property between the fence and Mr. Jorgenson's property for the purpose of maintenance. FURTHER, that Mr. Jacobson agrees to all the above conditions of this mutual agreement and will carry it out in good faith. Witness Witness Witness Witness Rowland Jacobson Kathryn Jacobson Roger Jorgenson Jane Jorgenson MUTUAL AGREEMENT BETWEEN Mr. Rowland Jacobson AND Mr. Roger Jorgenson (5851 West Moore Lake Drive) (5841 West Moore Lake Drive) WHEREAS; Mr. Jacobson has been granted a permit by the City of Fridley to build a semi -buried garage within two (2) feet of Mr. Jorgenson's property line (granted on July 8, 1974 City Council Meeting ), and WHEREAS; the actual construction that has taken place so far has been built within .1 foot of Mr. Jorgenson's property instead of the required two (2) feet, and WHEREAS; the construction that is affected by the variance is the south wall of the garage that is almost completed, NOW, THEREFORE BE IT RESOLVED, that Mr. Roger Jorgenson will not oppose a variance for the continuation of the construction of the semi -buried garage by Mr. Jacobson within .1 foot of his property if the following conditions are met by Mr. Rowland Jacobson. 1. That a wood screening fence be constructed on the property line for the purpose of providing the necessary visual protection and safety for the Jorgenson's. 2. This fence will be constructed to meet the approval of Mr. Jorgenson, within reasonable limits, and will provide screening at the following locations: a. The fence will be 7 feet high along that portion of the property line adjacent to the garage structure and along the rear retaining wall to a point where the Jorgenson's chain link fence starts. b. The fence will continue.along the property line to the front of the garage where it will taper down to 4 feet and continue to a point where the retaining wall is 30 inches high. 3. A rear yard retaining wall be provided as required by the City of Fridley for adequate protection of Mr. Jorgenson's property. 4. That Mr. Jacobson will be responsible for any damage to Mr. Jorgenson's property due to the construction of the garage and these damages be repaired to a like condition before the construction started. 5. There will be no drainage off of the garage roof onto the Jorgenson property and that there will be in no way any overhang or encroachment on the Jorgenson property. 6. That a bond is set for the protection of Mr. JorgensonIs property in a sum that is equal to that amount necessary to repair any damage to Mr. Jorgenson's property and cover the cost of the fence. 7. That Mr. Jacobson agrees to allow Mr. Jorgenson or any subsequent property owner the right of trespass on his property between the fence and Mr. Jorgenson's property for the purpose of maintenance. FURTHER, that Mr. Jacobson agrees to all the above conditions of this mutual agreement and will carry it out in good faith. Witness Witness Witness Rowland Jacobson Kathryn Jacobson Roger Jorgenson Witness Jane Jorgenson 45 REGULAR COUNCIL MEETING OF AUGUST 5, 1974 PAGE 6 agreement that is unsigned at this time. He also stated there was one item that had not been resolved at the present time and this was the private covenant on the plat which states no garage could be built within five feet from the property line. Mayor Liebl asked the City Attorney if this would leave the City open for a lawsuit from anyone in the plat if the City would grant the variance. He asked if anyone in the plat could do this. The City Attorney advised the Council that the City could not enforce the private covenant and they cannot authorize the waiving of such a covenant. Councilman Nee questioned if this mean to waive the requirement, it would require the signature of everyone in the plat. The City Attorney said he had done this at one time and it is an involved process. He added, it would not only take the signature of every property owner, but also every mortgage company involved in the plat. He said this covenant is in effect for another 11 years because its term is 30 years and it was made up in 1955. Mayor Liebl said the wall is already built. He referred to the agreement furnished to the Council in their agenda folders and asked why the agreement is not signed. He asked the two gentlemen concerned if they were prepared to sign the agreement. Mr. Jacobsen addressed the Council add explained that the agreement had been drawn up at 7:00 P.M. on the previous Friday evening and he had not had the opportunity to contact the contractors to find out the labor costs and prices that would be required to concur with the stipulations laid out in the proposed agreement. Mr. Jorgenson addressed the Council and said he was not happy when he found out about the error in the distance from the lot line, but he would not want Mr. Jacobson to have to remove the construction. 'He said he had and would attempt to come to some agreement and would like this to be a legal and binding document on file. He said if the agreement is made, he would not want any loopholes this time. He said he did not agree with the copy of the agreement as it is presented at the current meeting. He said this copy would not be agreeable, but he would continue to work toward an agreement that would be. The City Manager referred to the memo from Mr. Boardman which listed the number of meetings which had been held with the City staff, and indicated that the Administra- tion had tried very hard to get some agreement reached. He said the Administration recommendation would be that the Council approve the variance based on the stipula- tions in the agreement, and if this is not agreeable, this could be brought back to Council or have the construction go back to the two feet. Mr. Jorgenson said he would suggest the Council approve the variance on the signing of some mutual agreement and not necessarily the one presented at the present time. Mayor Liebl said he would like Mr. Jacobsen to work with the contractor to comply with the agreement if Mr. Jorgenson agrees. MOTION by Councilman Utter to close the Public Hearing on the variance request from 2 feet to .1 feet for the sideyard setback. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 9:40 P.M. (Note: Councilman Nee left the meeting for a brief period). MOTION by Councilman Starwalt to table any action on the reconsideration of the variance request by Mr. Rowland Jacobson until a mutual signed agreement is furnished by Mr. Jacobson and Mr. Jorgenson allowing this consideration to be done very quickly at this time without the attendance of all the parties concerned. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. NEW BUSINESS: EMERGENCY ORDINANCE NO. 567 - AN ORDINANCE FOR THE REPAIR OF WELL NO. 5: MOTION by Councilman Utter to waive the reading of the ordinance and adopt the j emergency Ordinance No. 567 for the repair of Well No. 5. Seconded by Councilman I Starwalt. Upon a voice vote, Mayor Liebl,, Councilman Utter and Councilman Starwalt Voting aye, Mayor Liebl declared the motion carried. (Note: Councilman Nee returned to the meeting) 44 REGULAR COUNCIL MEETING OF AUGUST 5, 1974 PAGE 5 not be done by the end of December. He pointed out that the City would have to try to remove the trees before the growing season of the following year. He said the 1975 budget would suppliment this program. Councilman Starwalt said a large majority of the trees being removed are dead. He questioned the purpose of this. Mr. Huff said the trees have died from causes unknown and the disease will not show up after a tree has been dead for several months. He said in these laboratory analysis will not help. He said the dead trees may harbor the beetles that carry the fungus. He pointed out that by State Statutes, all diseased or dead trees have to be removed. Councilman Starwalt said this costs a lot of money and what are the chances of stopping the problem and not having more problems in the future. Mr. Huff said this would have to.be weighed on how much the individual tree is worth. He stated the minimal value would be the cost for removal. He stated the, epidemic rate is established by an increase in the percentage of the disease from one year to the next. He said the normal infestation, if this would not be increased, could still be expected. He said he believed the reduction could be from 3% to 5%. He said if the percentage is normally 3% of the healthy elms, and the current rate is from 10% to 20%, this is a growing epidemic. Councilman Starwalt said eventually, there would be growth of more trees. Mr. Huff agreed and said there would also be loss.of trees by old age. He said a control program would reduce the spread of the disease from one tree to the next. Mayor Liebl suggested the Council adopt the proposed budget or give some indication to Mr. Huff. The City Manager agreed and stated the serious problems would begin in August and there should be something done before this period. Mr. Huff said this critical time would be in the middle of August for Oak Wilt, when the fungus would begin to sporulate. He said this is the time when the disease spreads rapidly and this will not be seen until the.next growing season. He said in these trees, a root barrier should be put in now. Mr. Huff said there should be some funding designated immediately. The City Manager said the item could be tabled until the whole Council was present. The City Manager said he would like some kind of indication from the Council to enable the staff to proceed on a reasonable basis and appraise the problem. He said he would also like approval of the budget whether this be this week or next, which would be followed by a Resolution to transfer the funds and arrange for the program. He again said the private property would be handled by a contractor and the public property handled by the staff if possible and if not, the staff would bring in the contractors to handle the items which cannot be handled by City staff and equipment. MOTION by Councilman Nee to adopt the budget for the shade tree disease program as submitted by Mr. Dan Huff, Naturalist/Resource Coordinator for the remainder of 1974 in the amount of $12,000 and also to authorize the administration to draft a resolution to this effect for the transfer of the funds for consideration of the Council at the next regular meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor LIebl declared the motion carried unanimously. RECONSIDERATION OF VARIANCE OF A GARAGE FROM 2' TO .1' SIDEYARD SETBACK, REQUEST BY ROWL ND JACOBSEN: .5 JJ ; d) 1, Q MOTION by Councilman Utter to waive the reading of the Public Hearing Notice and open the public hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the Public Hearing opened at 9:04 P.M. Mayor Liebl referred -to the memo submitted to the Council by Jerry Boardman, Planning Assistant, which listed the various conversations and meetings on this item since the last Council consideration. The Assistant Engineer, Mr. Sobiech, addressed the Council and.explained that on July 8, 1974 the Council had granted Mr. Jacobson a variance from 5 feet to 2 feet for the sideyard variance, but the construction had begun and the variance was actually .1 foot. He further explained the property owners have come up with an 59 • REGULAR COUNCIL MEETING OF -AUGUST 19, 1974 PAGE 2 Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the counsel of the City Attorney questioning if this type of activity had been approved before for non-profit organizations waiving the fees and the City Attorney concurred. MOTION by Councilman Nee to grant the Auction Permit to the Fridley DFL to hold a fund raising Auction at Skywood Mall, September 14, 1974, waiving the fees. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. I. PUBLIC HEARINGS: PUBLIC HEARING ON REZONING RE UEST ZOA #74-03, BY THE CITY OF FRIDLEY TO REZONE CHASES I. ISLAND FROM CPR -2 FLOOD PLAI TO CPR -1' F 0 D WAY): i MOTION by Couniclman Nee to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Starwa7t. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened j at 7:44 P.M. I The Public Works Director said this rezoning had been requested by the Department of Natural Resources and this action would take the Island from the Flood Plain zoning to Flood Way. Mr. Sobiech explained this action as requested on information provided by the study of the Corp of Engineers. Mr. Sobiech further explained that there would be no problems in this rezoning in conjunction with the proposed development of the Island because there would only be shelters, trailways and walkways installed as improvements. Mr. Sobiech said he would recommend that the Council concur with the recommendation of the Department of Natural i Resources. Mayor Liebl asked the Ward Councilman, Councilman Nee, if he had any objections to this action. Councilman Nee said he had no objections. Mayor Liebl asked if there was anyone present from the Islands of Peace Foundation j jand there was no response. Mayor Liebl said the proposed action would not effect the Islands of Peace in anyway. I He said those concerned had received notification of the hearing and there was no iopposition if there was no one present to present any information. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public. Hearing closed at 7:45 P.M. i NEW BUSINESS: FIRSTREE DISEASES OF-AN IN ACCORDANCECWITHE�I NG NESOTAPDER 104 OF P RTMENT OFEFRIDLEY AGRICULTURETR SY CODEAEDTITLED i I _II T IC U PTFR ,R' nTf—_TPo_ ! Mayor Liebl asked if the proposed ordinance was practical and enforceable. He also asked how the ordinance would work from the common sense standpoint. I i The City Manager explained that the City would have to conform with the State Statutes. He stated the present ordinance is based on those requirements. He commented there had been numerous changes in directives from the State and City was trying to comply. Mayor Liebl said this could be a hardship on some people with 20 to 30 trees that are diseased. He said he did not see any problems, but the City should be aware of what is being given to the park and tree.inspectors and what is spelled out in the.ordinance. Councilman Starwalt said some individuals would be hit very hard. He said he had heard there are two types of problems and concerns; the removal of diseased trees and the removal of dead trees. He questioned the removal of the dead trees when they are diseased and raised the question if there would be a difference if the tree had died of normal old age. He also questioned the case when the tree had died by being hit by lightning. He said could this wood be used for fire wood. 4: THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 19, 1974 The Regular meeting of the Fridley City Council of August 19, 1974 was called to order at 7:32 P.M. by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT: Councilman Breider, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Councilman Nee. MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF AUGUST 5, 1974: MOTION by Councilman Utter to adopt the Minutes of the Regular Council Meeting of the City Council of August 5, 1974 as presented if no other members have any additions or corrections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: The.City Manager, Mr. Nasim Qureshi, said he would like to add an item concerning the purchase of the Hayes lots from Bob Minder for leasing to the Islands of Peace Foundation. Councilman Breider said he had received notification from Mrs. Pat Cariolano that she would be resiging from the Building Standards -Design Control Subcommittee. He said he would like to add the receiving of this resignation and also the appoint- ment of Mr. Don Nelson to replace Mrs. Cariolano. MOTION by Councflman Breider to adopt the Agenda as amended with the above mentioned additions. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: WEST MOORE Mr. Rowland Jacobsen add er ss— ed --the Council and said he did not.have the mutual agree- ment or the figures for the completion of the facts for the proposed mutual agreement at the last meeting of the Council. He presented the agreement to the Public Works Director, Mr. Richard Sobiech,.along with the figures for the completion of the various stipulations. He said he had also obtained another survey but had not received document- ation of that survey at the present time. Mayor Liebl directed the Engineering Department to. review the documents and report back to the Council for final consideration of the variance request by Mr. Jacobsen. MR. DEAN CALDWELL, CHAIRMAN, FRIDLEY DFL, REQUEST FOR AUCTION PERMIT AND ALSO THAT THE FEES BE WAIVED: Mr. Caldwell requested the Council to allow the Fridley DFL to have an auction for the purposes of fund raising. He requested the approval of the auction permit waiving the fees for such activities. Mr. Caldwell presented a written copy of the petition of request to Mayor Liebl and Mayor Liebl read the request aloud to the Council and audience. MOTION.by Councilman Breider to receive the petition presented by Mr. Dean Caldwell, Chairman of the Fridley DFL, requesting a permit for an auction for fund raising for continuing political activities and waiving the fees. Seconded by Councilman Starwalt. �---585L lur ST woo raw 7-T LAW OFFICES BARNA. GUZY. HYNES. GFIANOOLA & JENSEN. TMD. PETER BARNA ROBERT A. GUZY ROBERT 0. HYNES GABRIIDL D. 61ANOOLA GORDON L. JENSEN TSOMA6 sIITTWIDZLIDB JOHN A. RAETZ EDWARD A. B008, JR. August 2, 1974 City Hall City of Fridley Fridley, Minnesota 55432 Attention: Jerry Boardman Dear Jerry: 788-1644 AREA CODE 819 8700 CENWRAM AVENUE N. E. MTNNEAPOUM, 3A NNESOTA 55421 Enclosed please find photocopies of Protective Covenants for your review. Thank you. Sincerely, olden ,. Gordon L. GJ/kh Enc. Jensen W I DE, 'I'S This declaration rradc this -27 dad' of _ ��1 �� 19'5, by COLU15KA SECURITIES CO., a Mi.nriesota cornvr<,tion, her-ein- after^ referred to as ItDccl_aranttt; WITNESSETH, That COLUM3IA SECURITIES �� INT ST EidT CO. is the owner of the real ,1 n u k'cz property situated in the County of 9=PTm"+iQ, State of Minnesota) platted as tiDonnay t s Lakeview lianor Additiontt, and hereby imposes upon and subjects all of the lots in said Addition with the exception of Lot Five (5), Block rive (5); Lot Twenty-two (22), Block Ten (10); and Outlot one (1) which are specifically excluded from these restrictions, to the following, conditions, restrictions, reservations and covenants for the benefit of said property and its present and future o,rrgers, and agree that as Declarant conveys each lot, the conveyance shall. be made subject thereto. 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for riot more than two cars. 2. No building shall be erected, placed, or altered on aW lot until the construction plans and specifications and a plan shaming the location of the structure have.bee.n approved by the architectural Control committee as to atrality of'wornanship and rriateri.als, harmony of external design with existinLg structures, arid as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, MEMO TO: Dick Sobiech, Public Works Director MEMO FROM: Jerrold Boardman, Planning Assistant MEMO DATE: September 27, 1974 RE: Action on Rowland Jacobson Property Darrel and I had a meeting with Mr. & Mrs. Jacobson on September 20, 1974. The course of action that they have deter- mined to take is as follows: 1. Build a second wall 2 feet from the property line to meet all City requirements that were granted under the previous variance and therefore continue the construction of the garage. 2. Cover the first wall so that no part of the wall be utilized in any way and sod or seed those areas that are disturbed. We have issued a red tag with the stipulation that work on the garage can go ahead as long as the garage construction is done according to the variance that was granted (not within 2 feet of the property line). JLB/de Attach: 46' r RRtgsh+ieus (,JR L.L Ft,onn OAr:k i°ciuvet2 o F OA RAa To 9Ac% C o K,. -v& se c� F so r, .gF:vs©.•v s hiou sC .5�. RE fR IAJ/.,UJ WA 4 � F/�'�.M �Q�c I� Saul. G o � � C A o c To Fe /v c E✓ l 67., IPe PA i P- 43oqng F E Aic E - ( ` l n[ r /,? o u C rQ t o c A - S * FCC 7` t ,mss S C9 .N s o (x t I, C.O 4 L '� k 11 w 10. R-Pp1.gcC- RE*,4i..-VJ*A1 3 WALL FdotiAF5 s /JSO. R S&, -t 1-0E)90 FEAsci To bG As s4otoA"N Jt 36 `---«. - 1 Y� i i 11. rr �1 d.lP,'hy L C7J$G.uSo r= ,�r.X-A MUTUAL AGREEMENT BETWEEN Mr. Rowland Jacobson (5851 West Moore Lake Drive) AND Mr. Roger Jorgenson (58'41 West Moore Lake Drive) WHEREAS; Mr. Jacobson has been granted a permit by the City of Fridley to build a semi -buried garage within two (2) feet of Mr. Jorgenson's property line (granted on July 8, 1974 City Council Meeting), and WHEREAS; the actual construction that has taken.place so far has been built within .1 foot of Mr. Jorgenson's property instead of the required two (2) feet, and. WHEREAS; the construction that is affected by the variance is the south wall of the garage that is almost completed, NOW, THEREFORE, BE IT RESOLVED, that Mr. Roger Jorgenson will not oppose a variance for the continuation of the construction of the semi -buried garage by Mr. Jacobson within .1 foot of his property if the following conditions are met by Mr. Rowland Jacobson. 1. That a wood screening fence be constructed on the retaining wall and on top of the patio/garage roof for the purpose of providing the necessary visual protection and safety of the Jorgenson's property. 2. This fence will be constructed to meet the approval of Mr. Jorgenson, within reasonable limits, and will provide screening at the following locations: a. The fence will be 62 feet high on top of the patio/ garage roof and will taper down to 4 feet of the front yard and then extend to a point on the retain- ing wall where the height of the retaining wall is no more than 30 inches. b. The fence will continue along the rear yard retaining wall to such point as to match up with Mr. Jorgenson's chain link fence. 3. A rear yard retaining wall be provided as required by the City of Fridley for adequate protection of Mr. Jorgenson's property. 4. That Mr. Jacobson will be responsible for any damage to Mr. Jorgenson's property due to the construction of the garage and these damages be repaired to a like condition before the construction started. 5. There will be no drainage off of the garage roof onto the Jorgenson property and.that there will be in no way any overhang or encroachment on the Jorgenson property. 6. That a bond is set for the protection of Mr. Jorgenson's property in a sum that is equal to that amount necessary to repair any damage to Mr. Jorgenson's property and cover the cost of the fence. 7. That Mr. Jacobson agrees to allow Mr. Jorgenson or any subsequent property owners the right of trespass on --his property between the fence and Mr. Jorgenson's property for the purpose of maintenance. FURTHER; that Mr. Jacobson agrees to all the above conditions of this mutual agreement and will carry it out in good faith. Witness Witness Witness Witness MOM Rowland Jacobson Kathryn Jacobson Roger Jorgenson Jane Jorgenson OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, October 13, 1970 to consider the following matter: A request for variances of Section 45.053,4B, Subparagraph 3, Fridley City Code, to reduce the side,,yard requirement adjoining an attached garage from 5 feet to 2 feet and Section 45.053, 4A, Fridley City Code, to reduce the front yard requirement from 35 feet to 32 feet to permit the construction of a semi underground garage on Lot 6, Block 1, Donnay's Lakeview Manor Addition, the same being 5851 West Moore Lake Drive N.E., Fridley, Minnesota. (Request by Mr. Rowland Jacobsen, 5851 West Moore Lake Drive N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 13, 1970 The meeting was called to order by Chairman Minish at 7:45 P.M. MEMBERS PRESENT: Minish, Ahonen, O'Bannon MEMBERS ABSENT: Drigans, Sondheimer OTHERS PRESENT: Al Bagstad-Building Official -Inspector MOTION by Ahonen to approve the minutes of the September 15, 1970 meeting as written. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by ®'Bannon to approve the minutes of the September 29, 1970 meeting as written. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish reported to the Board the action taken by the Council on the items from the September 15 and September 29, 1970 meetings, 1. A REQUEST FOA VARIANCES OF SECTION 45.134, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 30 FEET, SECTION 45.134, 4C, FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK MUIREMWT FROM 25 FEET TO 20 FEET. AND SECTION 45.135. 1E, SUBPARAGRAPH 1, TO WAIVE THE NO PARKING IN THE 1 11 BEING 7091 HIGHWAY NO. 65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY D. W. HARSTAD COMPANY, INC., 7101 HIGHWAY NO. 65 N.E., FRIDLEY, MINNESOTA.) Mr. Don Harstad and Mr. Dick Johnson were present to present the request. Mr. Harstad explained their present office is located on Lot 4 and at the time they bought Lot 4 they had to buy Lot 11 in order to get out to the highway. Lot 11 was a narrow lot originally and with the land asked for by the City for the service road and easements it was cut down considerably. He said it was getting to the point where they will have to get some income from the property as the money paid out in assessments for the water main, sewer lateral, water lateral, storm sewer and taxes has been quite high. There is also a pending street assessment and a pending sewer connection charge that will have to be paid. Photos of the lot and a survey showing the proposed building and parking area were shown to the Board. Mr. Johnson stated the two existing permanent buildings, D. W. Harstad Company and Minnesota Door Company, were originally set back 60 feet but now with the land being dedicated for the service road they are only set back 30 feet and the proposed building will be in line with them. Because of the shape of the lot, the building will have to be a long narrow type of building. The proposed ' The Minutes of the Board of Appeals Meeting of October 13, 1970 Page 2 building is 25 feet by 100 feet and will have 10 parking spaces which is the minimum parking requirement. He stated the building will possibly be rented out as dental offices or a chiropractic clinic. The type of business will be limited to a type that will not generate a large amount of traffic. Mr. Johnson said they would like the parking in the front of the building as the lower level in back does not lend itself to parking because of the steep incline. The two adjacent buildings have the same type of parking at the front of the lots. Mr. Johnson added further that there should be no problem with the backyard variance as the the back of the lot abuts Rice Creek. MOTION by Ahonen to close the public hearing. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by O'Bannon to recommend to theXity Council approval of the variances for the following reasons: 1. The hardships are the amount of land that had to be dedicated to the City for the service road that considerably restricts the size of any building that is built on this lot and also the number and amount of assessments that have been placed on this property making it necessary to build a building that will bring in some income. 2. There is no other way to build on this lot than what is proposed because of the easements. 3. The proposed building conforms to the other buildings on the service road. 4. Locating the parking to the rear of the building would not be practical because of the steep incline. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. 2. AREQUEST FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 3, FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIREMENT ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET AND SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONTYARD REQUIREMENT FROM 35 FEET TO 32 FEET TO PERMIT THE CONSTRUCTION OF A SEMI UNDERGROUND GARAGE ON IAT 6, BLOCK 1, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 5851 WEST MOORE LAKE DRIVE N.E., FRIDLEY, MINNESOTA. (REOUEST BY MR. ROWLAND JACOBSEN. 5851 WEST MOORE LAKE DRIVE N.E.. FRIDLEY. MINNESOTA.) MOTION by O'Bannon to table this item until the October 27, 1970 meeting as the applicant was not present to present the request. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 8:30 P.M. by Chairman Minish, Respectfully submitted, Mary Hintz Secretary APPLICATION TO THE BOARD OF APPEALS AND CI'x`9i' CGUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN.ORDINANCES OF THE CITY OF VAIDLEY (Applicant to complete items 1, 2, 3) 1. Naw and Address of Applicant 'i 2. Legal Description of Property (also general location, such as;0'no21th— east corner of 64th Avenue and 5th Street" or 6415 Fifth Street") M11161 1. - T-WAMM11100 -- 3. Describe the variance requested. (Attach plat ax sarvfty of property shoving location of proposed buildl.ng, etas., also ad,joinLag properties and ownership within 200' of said property.) 4. Camnenta by administrative official denying original request for building permit or other permit. (To be completed by adwin'_arrativa officiKl. Appropriate ordinances and section of ordinance to i,.- cited,) W E -2- S. Notice of Hearing appeared in Official Newspaper on the following dates:-�TRr....,.,e.. (must be at least once 0 days before meeting •• copy of notice to be attached). Board Members notified of meeting by (Lief Members, ®ate Notified, and /lyes" or "Nor for pans to atte ring), e LI to &*and Y00 Person making appeal and the following property users having property within 2001 antiftsd: By Pbow notified by saw Date of V a�lGait iall ) 0.0 g6 cel a .sw Q p ACX_ d Yi o P 0 JAYLOX fte Following Board Members and interested parties were psesant at the marina: '��D LI to &*and Y00 Person making appeal and the following property users having property within 2001 antiftsd: By Pbow notified by saw Date of V a�lGait iall ) 0.0 g6 cel a .sw Q p ACX_ d Yi o P 0 JAYLOX fte Following Board Members and interested parties were psesant at the marina: OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on Monday, July 1, 1974 to consider the following matter: A request for reapproval of variances of Section 205.053,4,B4, Fridley City Code, to reduce the side yard setback adjoining an attached garage from 5 feet to 2 feet and Section 205.053, 4, to reduce the front yard setback from 35 feet to 32 feet to permit the construction of a semi - underground garage on Lot 6, Block 1, Donnay's Lakeview Manor Addition, the same being 5851 West Moore Lake Drive N.E., Fridley, Minnesota. (Request by Mr. Rowland Jacobsen, 5851 West Moore Lake Drive N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. FRANK G. LIEBL Mayor ' PARTIES:OTHER XAM ADDRESS ^ 10° For Above Recommendations igainst-Recommendations - ' SPECIAL PUBLIC HEARING MEETING OF OCTOBER 13, 1970 PAGE 10 REQUEST FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 3, FRIDLEY CITY CODE TO REDUCE THE SIDE YARD REQUIREMENT ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET AND SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD REQUIREMENT FROM 35 FEET TO 32 FEET TO PERMIT THE CONSTRUCTION OF A SEMI - UNDERGROUND GARAGE ON LOT 6, BLOCK 1, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 5851 WEST MOORE LAKE DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. ROWLAND TACOBSEN, 5851 WEST MOORE LAKE DRIVE N.E., FRIDLEY, MINNESOTA.): There was a short consultation at the Council table with Mr. & Mrs. Jacobsen presenting their plans. MOTION by Councilman Liebl to grant the variances requested by Mr. & Mrs. Jacobsen. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Sheridan Pro tem declared the motion carried. DISCUSSION REGARDING HICKORY STREET MAINTENANCE: The City Engineer explained that N.S.S.S.D. is working on Hickory Street and it is virtually impassable. MOTION by Councilman Breider to authorize the City Engineer to proceed with removing material from Hickory Street and haul in stabilized base material so the street can be shaped and made passable. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Sheridan Pro tem declared the motion carried. ADJOURNMENT: There being no further business, Mayor Sheridan Pro tem declared the Special Public Hearing and workshop Meeting of October 13, 1970 adjourned at 10:30 P.M. Resp/ectfT;lly submitted, Juel Mercer Jack O. Kirkham Secretary to the City Council Mayor ' SPECIAL PUBLIC HEARING MEETING OF OCTOBER 13, 1970 PAGE 9 A resident of the area questioned whether the 6 high median would not be a traffic i}azard. He felt that if a wheel should strike it, it would pull the car .iato the oncoming line of traffic. On Highway #100 it is 322 feet high as. they found that the low median did not work. Mr. Gardner said that Highway #100 is a high speed expressway. It is a Federal trunk highway and has strict safety factors. East River Road will not be a road of this nature, but more of a local arterial road. Councilman Liebl said that the Council adopted this overall concept, recog- nizing that East River Road is a problem area. Everyone is in agreement that something has to be done. He felt that this plan was the best that he has seen. He asked if the people felt that there should be further study. He said that he must commend the County Engineer for accomplishing a study that would take care of some of the problems. The improvement in the first stage is a matter of economics. He asked who was in favor of the improvement of East River Road. There could be more studies to come up with an agreeable solution. He said that the Council tries to do the best they can. Mr. Filister said that he did not believe there is anyone opposed to doing something with East River Road, but no one is in agreement with the present plan as laid out. A member of the audience said that he agreed with Councilman Liebl and felt that there is more study needed. He agreed that something had to be done, but he did not feel that putting a road through a school area is .the answer. A member of the audience said that he lives at 6725 East River Road, and he is concerned about the children walking along East River Road without sidewalks. He did not feel that there should be a speed limit of 50 - 60 MPH when East River Road capacity is increased. Mayor Sheridan Pro tem asked the audience if it was generally felt that the project should proceed, but that there should be further study as Councilman Liebl indicated. The audience as a whole answered yes. MOTION by Councilman Liebl to close the Public Hearing on Street Improvement Project St. 1971-3. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Sheridan Pro tem declared the hearing closed at 10:20 P.M. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 7, 1970: SPECIAL USE PERMITz SP #70-11, C.H. BENJAMIN: Lots 1 thru 5, Block 4, Adams Street Addition, to build a second garage on Lot 2. Fridley City Code Section 45.051-2A. The city Engineer explained that the Council had already discussed Mr. Benjamin's special use permit previously. The Planning commission recommended approval. MOTION by Councilman Liebl to concur with the Planning Commission and grant a special use permit to Mr. C.H. Benjamin for a second garage. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Sheridan Pro tem declared the motion carried. MOTION by Councilman Breider, seconded by Councilman Liebl to receive the minutes of the Planning Commission Meeting of October 7, 1970. Upon a voice vote, all voting aye; Mayor Sheridan Pro tem declared the motion carried. U'� Ck- 0�1 All �- Jal av!�51 4� A'A" October 16, 1974 Mr. Darrel Clark 6431 University Avenue N. E. Fridley, Minnesota 55421 Re; Garage Construction Mr. Clark, At the time the City Council granted us a building permit we made a promise to the Council and the City Engineer we would repair the Jorgenson's property to the condition it was in before construction began. On October 15, 1974 our contractor started to repair the Jorgenson's rock garden by filling in the dirt that was taken out and making the necessary repairs. At this time Mrs. Jorgenson ordered our contractor to stop work and leave the property. Therefore we are unable to keep our promise to the Council and City Engineer. Leaving the rock garden unrepaired will certainly cause more damage than there is to date. Therefore we feel this action on their part should relieve us of the responsibility of further damage. Sincerely, J l i i MEMO 1]0. Ils_ga OFFICE OF THE CITY MANAGER CITY'OF FRIDLEY MEMORANDUM REPORT BY: 11/1/74 TO: PUBLIC WORKS DIRECTOR FROM: CITY MANAGER DATE: OCTOBER 28, 1974 SUBJECT: GARAGE CONSTRUCTION BY ROWLAND JACOBSEN. LETTER DATED OCTOBER 16 , 1974 Review the attached letter. Check with the City Attorney if he*should respond to this letter in any way. Thank you for your assistance. NMQ/ms November 7, 1974 See attached memo from the City Attorney. No further City action required.. RNS/jm October 16, 1974 Mr. Darrel Clark 6431 University Avenue N. E. Fridley, Minnesota 55421 Re; Garage Construction Mr. Clark, At the time the City Council granted us'a building permit we made a promise to the Council and the City Engineer we would repair the Jorgenson's property,to the condition it was in before construction began. On October 15, 1974 our contractor started to repair the Jorgenson's rock garden by filling in the dirt that was taken out and making the necessary repairs. At this time Mrs. Jorgenson ordered our contractor to stop work and leave the property. Therefore we are unable to keep our promise to the Council and City Engineer. Leaving the rock garden unrepaired will certainly cause more damage than there is to date. Therefore we feel this action on their part should relieve us of the responsibility of further damage. Sincerely, CITY OF FRIDLEY 6431 University. N. E. Minneapolis Minn. 55421 612-560-3450 DATE October 28, 1974 RFPLIER'S COPY ® RETAIN FOR YOUR FILES