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SP 76-05M / ' 11 � 11'I 15ti • V Low D1 • ' • MM11' • �1 511 5. • A. ZONING ACTION:// ORDINANCE NO: B. SPECIAL USE PERMIT (S) : #, 710 �D S� Le- ► C. IDT SPLIT(S): # D. VACATION(S): # ORDINANCE NO: E. VARIANCES APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO. F. EASEMENTS: REQ' D DEPT RED' D Bikeway/walkway Street right-of-way utility Drainage Alley Other (Specify) G. LICENSE(S) (List) : Date of Renewal: H. STIPULATIONS (List): DATE REQUIRED DATE COMPLEM I. MISCELLANEOUS: REGULAR COUNCIL MEETING OF MAY 3, 1976 41 PAGE n. MOTION by Councilman Hamernik that the minimum seating capacity under this ordinance shall be 75. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to strike out the second paragraph in Section 11.10 relating to fees and substitute a fee of $700 per year with an initial investigation fee of $500. Second by Councilman Fitzpatrick. Unon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 21, 1976: SPECIAL USE PERMIT SP 76-05; ARLYNE JOHNSON, 420 57th PLACE N.E.: The Public Works Director stated that the Planninn Commission had recommended ` approval of this request, and also two adjacent property owners siqned a statement that they had no objection to the construction of the garage. Mr. Satterlee, of the Sussell Company, was present and explained the request for the variance. MOTT• 1 by rnrnrilman Har^-rri� to rnrcur with the rPcomrPnf+atinn of the Pl-inning Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VACATION REQUEST, STREET AND ALLEY VAC_A_TION, SAV #76_-02; MRS. RAY PRESTE"1AN, 1391 FIFTY-THIRD AVENUE: MOTION by Councilman Starwalt to set the public hearing for Play 10th. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETING OF APRIL 21, 1976: MOTION by Starwalt to receive the minutes of the Police Commission Meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF FEBRUARY 17, 1976: MOTION by Councilman Starwalt to receive the minutes of the Charter Commission meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING EXCERPT OF APPEALS COMMISSION MINUTES OF APRIL 27, 1976 (RFQUEST BY PETITIONER TO AVOID FURTHER DELAY), DENNIS L. VILLELLR, 4800 2'Z STREET: The Public Works Director stated there is a preliminary drawing of the matter at hand, and Mr. Villella is present with some updated drawings. The Public Works Director went through the several variance requests and stated the third one which would increase the coverage from 25 to 27.80 per cent was recommended for denial on the assumption that the company could redesign or remodel the house. Considerable discussion ensued over 40 -foot lots ranging from the origin, the taxes, and other facets of these lots and as it affects City policy today in view of taxation, etc. MOTION by Councilman Fitzpatrick that the petition for variances be granted on the area providing that one side yard be from the required 17.5'to 13; the other side yard from the required 10' to 8'; and with the stipulation that the petitioner arrange for a lot split that would provide for an additional five feet. Seconded by Councilman Starwalt. Mayor Nee stated that it would take three votes to carry the motion. Upon a roll call vote, Councilwoman Kukowski voted nay; P1ayor Nee voted nay; Councilman Starwalt voted aye; Councilman Hamernik voted aye; and Councilman Fitzpatrick voted aye. Mayor Nee then declared the motion carried by a three -to -two- vote. NEW BUSINESS: RECEIVING PETITION #8-1976 REQUESTING VACATION OF ASHTON STREET NORTH OF IRONTON STREET AND 83RD AVENUE INCLUDING RAILROAD CROSSING: MOTION by Councilman Starwalt to receive Petition #8-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A 46 0 REGULAR COUNCIL MEETING OF MAY 3, 1976 NEW BUSINESS: PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 206 OF THE FRIDLEY CITY CODE PERTAINING TO THE BUILDING CODE AND PERMIT FEES: The Public Works Director stated that apparently what had happened was that when Chapter 206 was adopted we made reference to the fact that it was the Minnesota Building Code by reference, and we assumed that all the appendices and indexes and everything was included, but that in working with the Code since 1972 there is a section that indicates that there are certain exceptions noted to the building code that are optional to the various municipalities. It appears that if a municipality wants to adopt those sections they have to explicitly state them, and that is why you see the new language. There are several items listed here. These are basically what the inspectors follow. They refer to the Uniform Building Code. The problem is that if we were challenged someone might indicate that it is not a part of the ordinance since it was not specifically adopted. That is what we are ''ry,ing tC �tY' ly "tCn ouit in tt.;..- first --cotion. The Public Works Director continued that in Section 206.010 we get involved in the building permit fees. At the present time it is on a cubic foot volume. Ninty-five per cent of the other communities in the metropolitan area follow the Uniform Building Code in issuing building permits and fees, and it is based on valuation, i.e., how much is it worth to construct the building? The Public Works Director said that the residential building permits are very, veru low, and they do not cover the expenses that our building inspectors have. in making the inspections. By adopting the Uniform Building Code we place it on valuation and hopefully it appears that it will work out. The fee is arrived at by an averaging process. Thereupon much discussion ensued over the number of trips a building inspector makes, the proper fiscal relation between commercial -industrial compared to residential as to the fees. Councilman Fitzpatrick said that this involves a shift from volume to values as the basis for rates. MOTION by Councilwoman Kukowski to table the ordinance and bring it back to the Council at the administration's discretion. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion tabled by a unanimous vote. CONSTDERA.TION OF FIRST READING OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF ON -SALE WISE LLICENSES: PRESCRIBING COND_ITiONS THEREFORE: AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE BY ADDING A The City Manager stated there is an interest in the City for wine licenses, and a public 'nearing on it was held last year. Discussion centered upon the days and hours of permitting wine to be sold as they ' might parallel liquor sales; also a discussion concerning fees in this same light. MOTION by Councilwoman Kukowski to waive the reading and adopt the ordinance on first reading. Seconded by Councilman Starwalt. MOTION by Councilman Havre rnik to amend the motion to delete the portion of the ordinance relating to Sunday sales, 603.224. Seconded by Councilman Starwalt. The matter of Sunday sales was discussed, and upon a voice vote, all voting aye, Mayor Nee declared the amendment to the motion to adopt the ordinance carried. The VOTE upon the motion adopting the ordinance on first reading was a voice vote, all voting aye, and Mayor Nee declared the amended motion carried unanimously. MOTION by Councilwoman Kukowski to delete the words "Dispensing License" in Sec- tion 603.225 of the Ordinance. Seconded by Councilman Starwalt, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.