Council MntsREGULAR COUNCIL MEETING OF JULY 7, 1969 PAGE. 11
sewer and water first. Mr. Benjamin asked if something temporary could
not be done so that he can get to his house. With the construction work
being done in his area, he cannot get into his home. Mayor Kirkham advised
him to come in to see the City Manager and he will see that something of a
temporary nature will be provided so that he will have access.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE
MEETING OF JUNE 25, 1969:
1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN 11 UNIT APARTMENT BUILDING ON
LOTS 30, 31, 32, 33 & 34, BLOCK 6, FRIDLEY PARK ADDITION, THE SAME
BEING 6551 EAST RIVER ROAD. (REQUEST BY PARTHENON CONSTRUCTION, INC.
4744 GRAND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55409):
The City Engineer explained that this is for an 11 unit apartment building.
They have submitted a new plot plan which includes the stipulations of the
Building Board. This plan would be putting in two additional uncontrolled
entrances into East River Road. In his opinion the plot plan is all right
with the exception of the entrances, and that the Council should acquire
10' - 12' right of way. Councilman Sheridan asked if the parking was off-
set on the lot, could one entrance be eliminated. He also asked how many
parking spaces were provided. The City Engineer said that there were 17
parking spaces. Councilman Harris pointed out that the entrances are quite
close together and the City Engineer said that they were about 150' apart.
Councilman Samuelson asked if there could be parking in the rear. The City
Engineer said no. Councilman Sheridan pointed out that there is a very
steep grade behind the proposed building. The City Engineer added that the
alley is 12' wide. Councilman Samuelson asked if the south entrance could
be cut out. The City Engineer said that he would work with them to try to
shift the building on the lot to provide parking on the side of the building.
Mayor Kirkham,suggested that there be right turns only, so if a car were to
want to go south, they would have to go around the block and enter at the
signalization on Mississippi Way. The City Attorney said that if this were
to be done a median would be necessary to enforce this. The City Engineer
pointed out that there will be a median needed for the Hirsch apartments also.
Councilman Sheridan said that they should be apprised of what to expect in
the way of traffic control.
Councilman Harris commented that there should be a sidewalk agreement signed,
for the future when the City may want to put it in.
MOTION by Councilman Harris to approve the request by Parthenon Construction
for an 11 unit apartment building on Lots 30, 31, 32, 33, & 34, Block 6,
Fridley Park Addition subject to the stipulations of the Building Board,
with the additional requirement of a sign -d agreement for future sidewalks
when the City deems them necessary, and only one exit be allowed on East
River Road with right turns only. Seconded by Councilman Samuelson.
� Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
d� ,\ unanimoulsy.
2. CONSIDERATION OF A REQUEST FOR GENE RAL CONCEPT APPROVAL OF A SERVICE
STATION AND DRIVE—IN TYPE RESTAURANT TO BE LOCATED ON LUT 1, BLOCK
1CC 1, PEARSON'S 1ST ADDITION, THE SAMA BEING 79TH WAY AIM EAST RIVER RO.n,
FRIDLEY, MINYESOTA. (REQUEST BY A.J. FALKENSTEIN, 8931 YORK ROAD,
t BLOOMINGTON, MINNESOTA):
REGULAR COUNCIL MEETING OF JULY 7, 1969 PAGE 12
The City Engineer reported that Mr. Falkenstein would like to get his general
concept approved before going ahead with any plans. He wants to put in a
gas station and a drive-in restaurant. Councilman Harris commented that here
again there is the problem of access off of East River Road. The City Engineer
said that there will be signals at 79th Way, and there would have to be the
same provisions as before for right turns only.
Councilman Samuelson said that he was not too happy with this concept,and
that he did not like to see too many small drive-ins and gas stations. He
asked how big the parcel was. The City Engineer said that it was 280'
along 79th Way and 314' along East River Road. Councilman Sheridan said
that he would agree with Councilman Samuelson and if it were to be approved,
he would prefer it to be one complex.
MOTION by Councilman Harris to ask the applicant to come back with more
substantial information. Any approval would require proper access and egress
from East River Road. Seconded by Councilman Sheridan. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
The City Engineer pointed out that whether or not a special use permit would
be required would depend on when he first made his application; before or
after passing the Ordinance regulating gas stations and drive-in restaurants.
The City Attorney commented that he would like to see him apply for a
special use permit anyhow.
3. CONSIDERATION OF A REQUEST TO CONSTRUCT A SPECULATIVE BUILDING ON LOTS_
16 AND 17, BLOCK 2, COMMERCE PARK, THE SAME BEING 7330-7350 UNIVERSITY
AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROGER LARSON AND ASSOC.,
1052 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA.):
The City Engineer explained that these lots are along the University Avenue
Service Road. He said that he has worked with the applicant to incorporate
the recommendations of the Building Standards - Design Control into the
plans.
Mr. Larson came forward and discussed the plans with the Council at the Council
table. Councilman Harris asked why he did not want brick above the windows.
Mr. Larson said that he felt that the use of the masoniteroug:i cedar would
give more warmth to the building. He had a sample of the masonite with him
and showed the Council. Councilman Harris suggested making the pilasters of.
brick. Mr. Larson agreed and commented that it would not cost much more
than the broken block he had planned on using. Councilman Samuelson said
that he thought that it would look quite nice with the use of the masonite
and brick. He said that he would like to see some continuity along University
Avenue. Councilman Harris suggested that both ends of the building be brick
also as they will be seen from the highway.
Councilman Sheridan asked what was the object of the overhead doors. Mr.
Larson said that he did not know what the building would be used for, it is
a speculative building.
MOTION by Councilman Harris to approve the permit for. Roger Larson & Assoc.
for a speculative building at 73,10-7350 Univer.ity Avenue N.E. subject to
the stipulations of the Building Board with the additions that the pilasters
and both ends of the building be brick and the use of the masonite as shown
BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MINUTES OF JUNE 25, 1969
The meeting was called to order by Chairman Erickson at 8:15 P.M.
MEMBERS PRESENT: Erickson, Sornsen, Tonco
MEMBERS ABSENT: Biermann
OTHERS PRESENT: Hank Muhich- Building Official
I. CONSIDERATION OF A REQUEST TO CONSTRUCT AN 11 UNIT APARTMENT BUILDING ON _L
0 21 2 & BLOCK 6 FRIDLEY PARK ADDITION THE SAME BEING 6551 EA
RIVER ROAD.R UEST BY PARThENON CONSTRUCTION INCORPORATED4744 GRAND A
SOUTH. MTNNFAPOT.TR MTVN-MnM A GCnnO
Mr. Art Winters, representing Parthenon Construction, presented the proposal
to the Board.
MOTION by Sornsen to recommend approval of the request subject to the changes
marked on the plans and the following stipulations;
1. Eliminate concrete walk from building to East River Road.
2. Join West entry and North entry with concrete sidewalk.
3. Extend North parking area further East to provide unobstructed passageway
to North entry.
4. Provide concrete curb detail.
5. Mansard roof to continue across entire West elevation..
6. Soundproof parting walls & hallway walls by means of staggered studs in
6 inch partitions with interwoven 2 inch blanket insulation.
7. Soundproof dividing ceilings with the use of carpeting on floors plus
a choice of 4 inch insulated ceiling or channel constructed ceiling.
8. All floors except for those of cera,
'24 finish to be constructed of
5/8 inch plyscore subfloor under a 2 inch under layment.
9. Entry doors of each individual apartment unit to be 1,Y4 inch solid core
and weather stripped. (Fire resistance and soundproofing purposes.)
10. Parting walls, hallway walls, exterior walls and ceilings to be of 1 hour
fire rating.
11. Provide garbage storage area East of North parking area. Screen area with
a 6 foot fence.
Seconded by Tonco. Upon a voice vote, there being no nays, the motion
carried unanimously.
Items 2, 3, & 4 were temporarily deferred for lack of any representatives in
attendance.
5. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF A SERVICE STATION
AND DRIVE-IN TYPE RESTAUr2AN'1' TO.BE LOCATED ON LOT1 BLOCK 1 PEARSON'S 1ST
ADDITION, THE SAME BEING 79TH AND EAST RIVER ROAD, FRIDLEY MINNESOTA. R UEST
d q BY A. J. FALKENSTEIN, 8931 YORK ROAD, BLOOMINGTON, MINNESOTA.
D�
P Mr. Falkenstein was present to present his request.
MOTION by Tonco to referr the consideration of this request to the City Council.
Seconded by Sornsen. Upon a voice vote, there being no nays, the motion
carried unanimously.
a
REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 7
i
• A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.103,
4,.A2, TO REDUCE THE SETBACK FOR THE MAIN STRUCTURE FROM A PUBLIC RIGHT OF.
WAY, FROM THE REQUIRED 80 FEET TO 54 FEET ALONG 79TH AVENUE NORTH LOT LINE
AND SECTION 205.103, 4, A2, TO REDUCE THE SETBACK FOR THE MAIN STRUCTURE FROM
A PUBLIC RIGHT OF WAY, FROM THE REQUIRED 80 FEET TO 54 FEET ALONG EAST RIVER
ROAD SOUTH LOT LINE), AND, SECTION 205.103, 4, A2, TO REDUCE THE SETBACK FOR
j THE MAIN STRUCTURE FROM A PUBLIC RIGHT OF WAY, FROM THE REQUIRED 80 FEET TO
20 FEET ALONG LINCOLN STREET EAST LOT LINE , AND, SECTION 205.103, 4B, TO
REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 15 FEET TO 10 FEET ALONG THE
SOUTH LOT LINE, AND, SECTION 205.104, 1, E2, TO ALLOW OFF STREET PARKING TO
BE WITHIN 5 FEET OF THE FRONT LOT LINE INSTREAD OF SET BACK THE REQUIRED 20
FEET, AND, SECTION 205.103, 4, C2, TO'REDUCE THE REAR YARD SETBACK FROM THE
REQUIRED 25 FEET TO 20 FEET, AND, SECTION 205.103, 6B, TO REDUCE THE SETBACK
FROM THE BOUNDARY LINE OF ANOTHER Z(NIEET TO 10
I FEET SOUTH LOT LINE;. ALL TO ALLOW THE CONSTRUCTIONOF A SPECULATIVE BUILDING
There was no action needed at the present time.
A REQUEST FOR A TIME EXTENSION ON VARIANCES OF THE FRIDLEY CITY CODE
PREVIOUSLY BEEN APPROVED: SECTION 205.074, 3, TO REDUCE THE REQUIRE
SPACE FROM 1900 SQUARE FEET TO 1110 SQUARE FEET, SECTION 205.175, 1D
THE MINIMUM WIDTH OF PARKING STALLS FROM 10 FEET TO 9.2 FEET, SECTIO
4, TO INCREASE THE NUMBER OF EFFICIENCY APPARTMENTS ALLOWED FROM 3 A
TO 30 APARTMENTS, SECTION 205.073, 1, A2, TO REDUCE THE MINIMUM LOT
DWELLING UNIT FROM 2500 SQUARE FEET TO 1721.4 SQUARE FEET, TO ALLOW
CONSTRUCTION OF AN 144 UNIT APPARTMENT COMPLEX TO BE LOCATED ON THE
F
STREET ON THE EAST, AND 5TH STREET ON THE WEST, THE SAME BEING 6451 -5TH STREET
N.E., FRIDLEY, MINNESOTA. (REQUEST BY THE WALL CORPORATION, 8200 NORMANDALE
BOULEVARD, BLOOMINGTON, MINNESOTA 55437.
Mayor Nee said there would be no Council action on this item at the present time.
The Public Works Director listed the variances and explained that the first
three atiere for the addition that is being proposed and the remainder are those
that are housekeeping variances on what is existing.
The Public Works Director asked if the parking on the side of the building
would be employee.parking stalls and Mr. Ryan said this would be over flow parking
which is normally not used.
-T`:e.City Manager asked if this would be the end of the additions to the building.
The City Manager further stated that this is about the limit to the possible
expansion. He also said that there should be some landscaping to the west and north
to improve the area.
Councilwoman Kukowski asked where the refuse would be stored. She asked if this
would be on the City Hail sida of the building.
REGULAR COUNCIL MEETING OF MAY 19, 1975
PAGE 8
Mr. Ryan explained that there would be a jog in the back of the building where
the refuse will be stored behind screening. Councilwoman Kukowski asked if the
large drum would be removed. Mr. Ryan said yes, this is too large to be stored
behind the screening.
MOTION by Councilman Breider to approve the variances as requested by Mr. Ryan
for 6389 University Avenue to allow the construction of an addition and also the
approval of the variances which bring the existing building into compliance with
the Code. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting
of May 13, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
G THE MINUTES OF THE BUILDING ST
ADDITION TO THE SERVICE
CLINIC, •389 UNIVERSITY AVE
VE
The Public Works Director said the face of the building would be extended to cover
the multi level effect that is seen at the present time.
MOTION by Councilman Breider to approve the building request by Dr. Ryan's
Automotive Clinic, 6389 University Avenue with the stipulations recommended by
the Subcommittee. Seconded by Councilman Starwalt.
Mayor Nee asked the applicant if he was aware of the stipulations and in agreement
with them. Mr. Ryan said he agreed with the stipulations.
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman StarWalt to receive the minutes of the Building Starards Design
Control Subcommittee meeting of May 14, 1975. Seconded by Councilwoman.Kukowski.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF APRIL 29, 1975:
MOTION by Councilman Breider to receive the minutes of the Environmental Quality
Commission meeting of April 29, 1975. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee said there is an item within the minutes that he would like to have brought
on at the Conference meeting of the Council. He listed this item as establis0 ng
liaison between the City of Fridley and the Cities of Coon Rapids and Blaine in regard
to the watershed into North Park. He said he would like some thoughts prepared on
this.
The City Manager said the staff is working on some plans and he would alert the
Council on what could be done to improve the quality of the water. He said there is
not too much that can be said about the quantity, but the City could take steps to
control the quality.
RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 28, 1975:
MOTION by Councilwoman Kukowski to receive the minutes of the Parks and Recreation
Commission meeting of April 29, 1975. Seconded by Councilman Starwalt.
Councilman Starwalt questioned what would be done with the Soccer concern.
The City Manager•said the City had provided some facilities. He said this would have
to be brought to the attention of the School Boards.
Mayor Nee said the City is offering two sites.
Mayor Nee questioned the City's involvement in building concrete sidewalks for the
Horseshoe League. There was some discussion concerning this item and Mayor Nee
directed the Administration to clarify the action being Laken.
i
Y' 212
j REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 12
CONSIDERATION OF A REQUEST FOR3UILDING L N LOT 1, BLOCK•1, PEARSON'S
FIRST ADDITION. THE SAME BEI 7899 EAST RIVER ROAD EQUEST BY MERIDIAN CORPORATION
15 SOUTH NINTH STREET, MINNEA.
The Public Works Director explained the request was to build a retail establishment
on the corner of 79th and East River Road. He said this would also take some consid-
eration of variances. He pointed out that the variances were discussed by the Board
of Appeals on Page 7-C of the agenda. The Public Works Director listed the variance!
and said the Board of Appeals had suggested that the last variance be eliminated.
He said the Board of Appeals felt there should be a little morelandscaning and
green area and suggested that the three parking stalls be eliminated. He said
the elimination of the three stalls would not cause a problem. The Public Works
Director said the proposal would compare to the constructionon the corner of Old
Central and Rice Creek Road, but this proposal would have more Tands_caping and green
area. He said the Building Standards -Design Control Subcommittee had recommended
approval with a number of stipulations. He read the stipulations to the Council
and audience. The Public Works Director referred to the letter on Page 7-K of the
agenda from. the adjoining property owners Attorney Mr. Richard J. Fudali represent.ing
Five Sands Development. He said all of the concerns listed by the adjoining
property owner had been worked out.
The Public Works Director pointed out an additional item that had been discussed by
the staff to be the acquisition of an easement for the'proposed signalization of
79th and East River Road. He said NSP has an easement in the proposed area and they
were contacted and said there should be no difficulty with the mutual easement.
He thought this could be worked out with the property owner and said it would not
run the entire length of the property.
The Public Works Director indicated that Mr. Dave Nordale was present representing
Meridian.
Mr. Ken Sporre asked if the entrance proposed for East River Road would be needed.
He questioned why the entrance on 79th would not be sufficient and mentioned
that there is a problem in gaining access to East River Road at the present time.
He suggested that this driveway be eliminated and a stop signal be installed.
Councilman Fitzpatrick asked what the time table would be for the installation of the '
signal on 79th. The City Manager said it is not in the budget for 1975. Even it it
was in the budget, the County would also have to okay this in their budget. He said
this would be one or two years at least.
Mr. Sporre said he wouldlike a copy of all.of the communications concerning the
proposed signal on this intersection. He said he would like to meet with the
county Commissioners and present this information to them. j
The City Manager said there is no question that the City had submitted a plan to the
County. He said the Council would have to provide the money in the budget.for half of
the funding before the County would take any action on this: He said the City had
been.in contact with the County and there response was that this is not warranted.
Mr. Sporre said he would like a copy of the correspondence on what has been said
by the City and. the response of the County. H e said he would like to see what the
City had requested of them. He said he did not think the Council should approve
the proposed matter of consideration of the construction of the store until some
decision is made on the signals at this intersection.
The City Manager said the staff would provide Mr. Sporre with all of the information
they they have. i
Mr. Sporre said he would like a copy of the City's written request and the copy
of the answer that was obtained from the County.
The City Manager said the City cannot state their case until they have provided the
money. Mr. Sporre said the City would be able to show their interest. The City
Manager -said yes. Mr. Spbrre said the City should tell the County their intentions until
this is provided in the budget and contact three commissioners about the plan.
Councilman Breider said the County would not be able to make any commitment for
money until after the 15th of July,.after their second computor run. He said this would
allow the City some time to reactor to the budget item. He said this would•allow two to
three weeks to get togther onthe matter.
Mr: Sporre repeated his sungestion that the approval of the current request be held j
up until the decision is made on the intersection. He said if there has been any
211
REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 11
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OFY 21, 1975:
CONSIDERATION OF VACATION REQUEST: SAV #75-02, BY LOREN SMERUD, VACATE 46TH AVENUE
BETWEEN 3RD STREET AND UNIVERSITY AVENUE N. E., TO ALL THE CONSTRUCTION OF A 24 FOC
BY 24 FOOT ADDITION AT 4603 3RD STREET N. E.:
i
MOTION by Councilman Breider to set a public hearin on the request for the vacation
SAV #75-02, by Loren Smerud for July 14, 1975. Sec nded by Councilwoman Kukowski.
Upon a voice vote, all voting aye, Mayor Nee decla ed the motion carried unanimously.
CONSIDERATION OF A VACATION REQUEST SAV #75-03. M CHINING INC.: VACATE ALLEY IN
TRACKS, TO ALLOW FOR AN ADDITION THAT WILL JOIN; TWO EXISTING BUILDINGS, AT 140 LIBE
STREET N.E.:
The City Manager said the hearing for this itr had been previously set for June 9,
and there would be no action necessary.,
MOTION by Coucnilman Breider to receive the mites of the May 21, 1975 meeting of the
Planning Commission. Seconded by Coucnilman S.arwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried un `nimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEAL MEETING OF MAY 27. 1975: (NOTE: THIS WA
ON JUNE 16, 1976): /
A REQUEST FOR A VARIANCE OF SECTION 205 053, 1B, FRIDLEY CITY CODE TO REDUCE THE
MINIMUM LOT AREA REQUIRED ON A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500
SQUARE FEET TO 5500 SQUARE FEET 10 ALLQW THE CON3TRJCTION OF A DWELLI14G TO BE
LOCATED ON LOTS 49 AND 50, BLOCK T, RI ERVIEW HEIGHTS, THE SAME BEING 628 GLENCOE
STREET N. E., FRIDLEY, MINNESOTA (REQUEST BY TRI -CO BUILDERS, 7555 VAN BUREN STREET
N. E., FRIDLEY, MINNESOTA):
The Public Works Director explained he request to be to construct a dwelling on a lot
recorded before December 1955 and to reduce the minimum square feet from 7,500 to
5,500. He said the lot is 50 feet 'de. Mr. Sobiech said the Board of Appeals
I
recommended approval of the request
Mayor Nee asked if the property is 'n the flood plan. The Public Works Director
said no, the flood plain is from 2 0 to 300 feet to the north.
Councilman Fitzpatirck said there as .some objections voiced by the neighboring
property owners. He questioned i anyone was present at the current meeting to
voice any objections. There was o response.
MOTION by Councilman Fitzpatrick o approve the request as recommended by the Board
of Appeals. Seconded by Council man Kukowski. Upon a voice vote, all voting aye,
j Mayor Nee declared the motion ca ried unanimously.
MOTION by Councilman Starwalt to re eive the portion of the minutes of the Board of
Appeals Meeting of May 27, 1975. S conded by Councilman Fitzpatrcik. Upon a voice
vote, all voting aye, Mayor Nee dec ared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILD NG STANDARDS -DESIGN CONTROL SUBCOMMITTEE MEETING OF
MAY 27, 1975:
CONSIDERATION OF A REQUEST FOR NEW BUILDING: LOCATED AT 4500 MAIN STREET N.E.
•FRIDLEY, MINNESOTA. REQUEST B1Y CECO CORPORATION, 4500 MAIN STREET N.E ., FRIDLEY
MINNESOT :
The Public Works Director poin ed out the area of the proposal to be at 4500 Main
Street and said this is the ne t step in the stage development in the original
proposal of 1973. He said the building would be concrete and the necessary screening
would be installed. He said t ere exists a retaining wall on the east edge of the
j property. He explained that t e Building Standards Design Control Subcommittee had
recommended approval of the r uest.
MOTION byCouncilman Ftizpatri k to concur with the recommendation of the Subcommittee
and grant approval of the con truction. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, M yor Nee declared the motion carried unanimously.
213
REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 13
previous correspondance, he would like to see it.
Councilman Fitzpatrick questioned if any firm request had been made by the City.
since this was not in the City's budget. He continued to state there would have
to be a question on the part of the County at this time.
He said this should be talked about in the plan for the area. He felt this signalization
to be very important to the area and thought that this should be talked about with
the County.
Mr. Sporre said he would like to read over the basic documents and this would take
a while to study and prepare a presentation to them.
Mr. Alex Barna addressed the Council and said he traveled in this area approximately
3:45 P.M. and saw a school bus unloading on East River Road by the apartments. He said
if there is berming in this area, the children will not be able to see if there is
traffic coming. He mentioned that the children dart off in all directions and the
extensive landscaping with additional trees and the building would be a safety hazard.
He suggested that the plan be just a building and lawn and not extensive lanscaping
with trees and berms. Mayor Nee asked if it would be possible to change the stipu-
lations of the Board of Appeals. He said there should not be a bus stop off East
River Ro,,. He said he felt the bus stops should be changed.
The Public Works Director explained that there is a safety zone provided for,20 feet
and there is also extensive boulevard in this area. He said this is quite a distance.
Mr, Richard Harris asked if the boulevard property was for snow storage or For future
construction and the Public Works Director said basically for snow storage, not for
construction.
Councilman Fitzpatrick said there has been an increase in traffic in this area and
this is the time when the traffic problems are being studied for a solution. He said
it was his feeling that this item should not be approved until the traffic intentions
are pursued for the future.
Mayor Nee asked if the'18% coverage figures had been computed by the staff or furnished
by the developer. The Public Works Director said they had been figured by the staff.
Mayor Nee asked when this land was purchased. Mr. Nordale said the Company had an
option to purchase the property from the present property ovrner. Mayor Nee asked
when the property had last changed hands.. Mr. Nordale said he believed this was
two to three years ago. The City Attorney informed the Council that there had been
a request to construct a service station at this location several years ago. He said
this property was never owned by the owners of the apartment complex.
Councilman Fitzpatrick said he was on the Planning Commission at the time and this
part of the property was never purchased by the apartment development, it was left
there. Mayor Nee said what he was trying to establish is if the property was under
the present zoning requirements at the time it was last purchased. The City Attorney
said this had not changed for some time. Mayor Nee asked if the property had changed
hands after the eimt that the setback requirements became law in the Citv. The City
Attorney said he would have to research this. Councilman Fitzpatricksaid what Mayor
Nee was trying to determine is when were the setback requirements adopted in comparison
to the purchase of the property. Mayor Nee said he would not want the applicant
to say the City had changed the rules on them.
Mayor Nee said he did not see why the City should make any waivers on the property.
He said he did not feel there should be any exit on East River Road. He said there
had been many problems with the C -2S zoning in the area and it has been said that
it should not be there. He said the City is. trying to keep a residential property
to the area. Mayor Nee commented in.other areas the no left turn signs have been
installed and the motorists ignore them. He felt this would also happen in this
case. Councilman Fitzpatrick said even with the right turn, there will be a traffic
jam there. Mayor Nee questioned if there would be a legal claim to the exit.
The City Attorney said the item should be tabled to allow the administration to
research the matter. He said he would need some additional information such as when the
property was purchased and also some time to work out a more acceptable solution to the
proposal.
MOTION by Councilman Fitzpatrick to continue the item until the next meeting of the
Council to allow the administration to research the time sequence of the requirements
�` on the property as compared,to the time of purchase of the property. Seconded by .
REGULAR COUNCIL MEETING OF JUNE 2, 1975
PAGE 14
Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
MOTION by Coucnilman Breider to receive the minutes of the Building Standards -Design
Control Subcommittee meeting of May 22, 1975. Seconded by Councilwoman Kukowski. Upon
a voice vote, all voting aye,.Mayor Nee declared the motion carried unanimously.
/rnNS1DERATION OF A REQUEST FOR LEGAL OPINION^FO TTORNEY GENERAL CONCERNING STORM
Mr. Dropps addressed the Council and said he was the owner of a parcel of property
called Rice Creek Estates. He said this is south of Rice Creek Road and west of Benjamin
everytime he comes in
Street. He said for a building permit for this property, he is
required to set aside a storm sewer escrow. Mr. Dropps continued to comment that this
property has been assessed twice in the past for storm sewer, and they are currently
constructing their own internal storm sewer system. He said he felt he is being
required to escrow money for a project that had never been approved and there is no
pending assessment required in this case. Mr. Dropps said he had talked to the City
Attorney and also the City Manager concerning this. He requested that the Council
authorize sending a letter to the Attorney General asking him his opinion of this
practice. Mr. Dropps said he had gone over the ordinance that is being enforced by
thispractice and he did not feel that this money would have to be escrowed if he
is constructing an internal system to take care of the storm sewer of the area. He said
he would see this if there was to be internal construction for,this improvement, but
based on his interpretation of the law according to logic, he did not feel this was a
legal practice.
Mr. Dropps said a great deal of money is being required and they are receiving no interest
on it. He said the amount per lot amounted to about one half of the $800 required for
each 10,000 square foot lot and this would be a total of about $20,000. He said this is
set ina City fund for an undetermined length of time. He again requested that the
Attorney General be contacted concerning this requirement and also that the escrow
requirement be discontinued until the time that the opinion is furnished.
Mayor Nee questioned Mr. Dropps on the point that he is taking care of the total
drainage of the area. Mr. Dropps answered that they are doing everything and paying
for everything in the plat. Mayor Nee said they are constructing their own local
system and paying for this and they also had contributed to two other storm sewer
inprovements and Mr. Dropps said yes.' The Public Works Director said the previous
assessments were for Projects #106 and #114. Mayor Nee asked where the outfall for
this project was. He asked if this would be Harris Lake. Mayor Nee asked if he would
be required to escrow another $800 per lot under the escorw. The City Manager said the
owner would be given credit for anything -that has been assessed under the previous
projects. Mr. Dropps said the maximum for each lot would be $800 and he has paid up to
$400 per lot. The City Attorney said this amount is based on a 10,000 square foot lot.
The City Manager said the City had proposed a plan for this area and the City Council
had indicated that the project would not be done at that time. He said this left a .
drainage problem in the area in the Briardale Develpment. He said there had been
several alternatives -such as taking care of the whole drainage problem, and not
allowing any more development in the area. He said another alternative was to allow
development making the developers pay the highest possible amount in escrow to take
care of the drainage problems of the area. He said in this way the new owners of the
homes could be told that the assessments on the property are paid for. He said the
City Council adopted the last of the alternatives. He said in the Briardale Development
a ponding system was proposed, but the Developer did not want this type of solution.
The.City Manager questioned why Mr. Dropps was concerned about this requirement at
this particular time, after so much time has passed and many of the escrow requirements
had been filled. Mr. Dropps said he•had paid two in protest and a couple of others
had been paid by another builder. He said he was not informed ah•out this escrow
arrangement at the offset of the project. He said he questioned the legality of requir-
ing money for something that is not approved. The City Attorney said this is not a
pending assessment. The City Manager said this is escrow.
The City Attorney said he talked to Mr. Dropps' Attorney concerning
directed matter
and asked that the.situation be analyzed by the Attorney.
Attorney to contact him if there was a contrasting opinion. He said he had not
heard from the ATtorney and Mr. Dropps had taken the opinion that this is not morally
ritht. Mr. Dropps stated he questioned if this was legally right. The City Attorney
said he would be happy to talk about this with Mr. Dropps' Attorney. The City
Attorney said Mr. Dropps' opinion is based on the fact that the improvements are being
constructed within the.plat and he had not seen any reference to this situation in the
State Statutes.
2, 4 r[
REGULAR COUNCIL MEETING OF JUNE 16, 1975. PAGE 7
said the acceptable meaning of the word refuse is solid waste. He mentioned that gravel.
and similar materials is considered waste. He read this section of the ordinance and
said compost is debris.
Mayor Nee said this would rule out all organic farming.
Mr. Alex Barna, 560 Hugh Street N. E., explained that compost can be made from all organic
materials including food scraps, animal waste and other substances. He said thything that
is organic is compostable.
MOTION By Councilman Fitzpatrick to refer the ordinance back to the Administration to add
a provision for compost.
Mayor Nee said the recycling of organic material has increased in popularity the last
few years. He said a City compost pile had been proposed in the last year's budget.
SECONDED BY Councilman Starwalt.
The City K-,iager said the City Council wanted quick action on the proposed ordinance and
this is the fourth time that it had come before the Council. He said this ordinance had
been rewritten just as the Council had directed the Administration to prepare'it. The
City Manager suggested rather than refer the ordinance back to the administration that
some language be added at the present time to state, "leaves and grass can be stored
for recycling as long as this does not cause a health hazard"..
COUNCILMAN FITZPATRICK WITHDREW his motion to send the ordinance back to the administration
MOTION by Councilman Breider to amend the ordinance by including the language that "leaves
and grass clipping piles for organic recycling are exempt from refuse as long as this is
done not to become a health hazard or nuisance". Seconded by Councilman Starwalt. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Breider to waive the second reading of the ordinance and adopt
the ordinance on second reading and order publication of the refuse ordinance as
amended. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
�{ CONSIDERATION OF APPROVAL OF PLANS AND VARIANCES BY MERIDAN CORPORATION, 7899 EAST
1 1` RIVER ROAD TABLED 2, 1975
The Public Works Director explained that this was a request by the petitioner for variances
for construction on East River Road and 79th Avenue. He referred to page 3 of the agenda
book and explained the number of variances requested. He pointed out that the Board of
Appeals at their meeting of May 13, 1975 recommended approval of the variances (noted as
A through G) with the stipulations that there be a no -left turn sign on. the exit to
East River Road and that three parking stalls be eliminated on the northwest corner
of the property in the hope that this be turned into green area. Mr. Sobiech said the
Building Standards Design Control Subcommittee at their meeting of May 22, 1975
recommended approval of the variances and request with a number of stipulations. The
Public Works Director indicated there were three representatives of the petitioner
present.
Councilman Breider questioned if the Council had considered closing off the East River
Road entrance. Councilman Fitzpatrick said he felt this was a considerable aspect.
A representative of the petitioner said he felt they could get along without the access.
Mayor Nee asked if the property owner would petition for the City for a change in the
zoning to C-1. The representative asked what the time element would be on this type of
application. He said the 7-11 Store people would be using a part of the building and
they would like.some indication on the approval. Mayor Nee said this would not have
to be processed at the present time, only petitioned for. He added, this would be a
future guarantee for more restrictive uses. He said this type of zoning would allow
the uses petitioned for at the present time, but would eliminate the possibility of
other uses inthe future.
The representative asked if there would be any assurances that they would get the
building permit.
Mayor Nee said the Council was talking about the additional stipulation that the access
on East River Road be closed'off andthat the applicant petition for a change in zoning.
REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 8
from C -2S to C-1. After considerable discussion concerning the zoning change and
development of the property, the applicant said he would not object to these stipulations.
The City Manager pointed out another stipulation should be the dedicationof an easement
on East River Road for right of way.
The applicant questioned the parking requirements under the proposed zoning and asked
if this would change the criteria. The Council consensus was that the maximum would be
allowable, but his could be reduced if necessary.
MOTION by Councilman Fitzpatrick to approve the variances with the stipulations recommended
by the Building Standards Design Control Subcommittee and the Board of Appeals and with
the additional stiupation that there be no access on. East River Road, that an easement
be dedicated on East River Road for right of way, and that the applicant will petition
for zoning change from C -2S to C-1 and that there will be no contest on this zoning
change in the future. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 507, OF THE CITY CODE
OF THE CITY OF FRIDLEY RELATING TO MUNICIPAL BATHING BEACHES FROM MEETING OF JUNE 2,
1975):
MOTION by Councilman Fitzpatrick to waive the first reading of the ordinance and adopt
the ordinance on first reading which would amend Chapter 507 of the City Code of the
City of Fridley relating to Municipal Bathing Beaches. Seconded by Councilman Breider.
Councilman Starwalt said he questioned this amendment because it would not allow a man
to take his family on a picnic and take a beer from his picnic basket and drink it.
The City Manager said under the existing ordinance this would be unlawful. He explained
the current action to make the ordinance comply with the useage of the parks in the City.
He said it would make it possible for beer to be used in Locke Park, in Commons Park with
a permit and also neighborhood parks with a permit.
Mayor Nee said perhaps the key to this ordinance would be what is the beach area and
what is the park area. The City Manager said if the people want to picnic they should
go to Locke Park.
The City Manager indicated that the Council h.ad received a recommendation from the Parks
and Recreation Department that the current ordinance should be enforced. He said the
Council has asked that something be done to have the ordinance comply with the present
use of the parks. lie said the provision to allow the use of beer in neighborhood parks
had been added to allow neighborhood picnics.
Mr. Richard Harris asked if this item had gone before the Parks and Recreation Commission.
The City Manager said they had reviewed the item twice. Mr. Richard Harris asked if
this would be another arbitrary law.
Mr. Nick Garaffa, 6570 Monroe St. N. E., said if the problem is that too many young people
are abusing the parks, why doesn't the Council adopt an ordinance directed at this kind
or problem. Mayor Nee said the City has an ordinance to flatly prohibit consumption i'n
City parks and it is not being enforced. Councilman Breider said the ordinance should be
enforced, but currently the Council was talking about what is tolerable and reasonable.
He said if the currently being proposed ordinances are adopted, it would allow use of beer
in all of the City parks upon gaining a permit and Locke Park without a permit and would
only prohibit beer on the beach areas. He said they would be considering two different
ordinances, one referring to parks and the other beaches.
\Councilman Starwalt said he did not want to stir up any problems, but he thought the
` proposed ordinance was going too far:
Councilman Breider said the ordinance was amended by recommendation of the City prosecutor
and because he had a problem. He questioned why the ordinance concerning beaches had been
brought to Council. He said he could not remember this being discussed before.
Councilman Starwalt questioned if the ordinance should be referred back to the Parks
and Recreation Commission.
Councilman Breider said he wished the prosecutor was present to inform the Council on what
would be undesirable about the present ordinance.
Mr. Garaffa said he thougg the permit should be issued on a once a year basis. He questioned
�-� if someone wanted to have a picnic, could they reach someone in City Hall on Sunday afternoon
to obtain a permit.
60
I 1
REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 3
i
The City Manager said there had been a communication from the Attorney for the Islands
of Peace indicating approval from both parties.
MOTION.by Councilman Starwalt to authorize the administration to pay the interest due
for the Hayes River Lots on receipt of the funds from the Lions Club for the Islands
of Peace Foundation. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Ellis indicated that the check would be at City Hall the following day.
RESOLUTION NO. 170-1975 - ADOPTING THE AFFIRMATIVE ACTION PROGRAM:
Mayor.Nee asked if there was any additional discussion by the Administration or the
Council.
Councilman Breider asked if the portion of the Program making the City Council the
arbitrating body had been deleted. The City Manager said yes.
MOTION by Councilman Breider to adopt Resolution No. 170-1975, adopting the Affirmative
Action Program for the City of Fridley. Seconded by Councilman Fitzpatrick.
Councilman Breider noted that he was approving the Program, not the memo concerning
the implemention of the program.
UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF A REQUEST FOR MONIES FOR INSULATING FIVE HOMES IN FRIDLEY (TABLED
87117_75T:-- -- -
The City Attorney said he had talked to Mr. Creegan and Mr. Creegan said he would not
be present at the current meeting. -He also commented that he had talked to the Attorney
General's Office and had been advised if this program is approved, the City should
send the proposed action plan to the Attorney General's Office in writting.
Mayor Nee asked if the City of Coon.Rapids had been contacted and the City Attorney
said yes. The City Attorney said Coon Rapids had said that this was a small item.
Councilman Fitzptrick mentioned that alternative proposals had been mentioned at
the previous meeting of the Council. Mayor Nee questioned if the alternative proposals
would be more acceptable.
The City Attorney said if the City Council did not want to participate and offer
suggestions for alternative proposals, he would be in agreement with this.
Councilman Fitzpatrick mentioned he questioned the current proposal since it did not
affect all of the people.
The City Attorney said it would be possible for the City Council to indicate that
they do not care to participate in this program but would be will.ing to talk about
other.suggestions.
MOTION byCouncilwoman Kukowski to indicate the City Council is not: interested in this
particular proposal, but will look at alternatives and asks that suggestions be made.
Seconded by Councilman Starwalt.
Councilman Starwalt suggested something along the lines of an energy seminar. He also
suggested. that the residents of the City be screened to come up with this type of
suggestion. Mayor Flee said he felt an effectiveprogram in this area would be very
expensive. Hq said currently the gas and electric companies have extensive programs in
education. Mayor Nee said if the proposal would be to go to the homes and make
suggestions to individual home owners, this would involve a great deal of money.
UPON A VOICE vote, all voting aye, Mayor Nee declared the motion carried unanimously,
CONSIDERATION OF REQUEST FOR PROPOSED DEVELOPMENT ON EAST RIVER ROAD AT 79TH WAY N. E.
BY MERIDAN CORPORATION: YS(?C 0e,1�•
The Public Works Director explained the request to be for development of the southeast
corner of 79th and East: River Road. He said at the time of the original request for
a variance in June, the City Council concurred with the recommendation of the Board
of Appeals and granted the variances with the stipulatiohs on Page 6-A of the agenda.
REGULAR COUNCIL MEETING OF AUGUST 18, 1975
Ei1
PAGE 4 r
He said the original approval did not include items numbered, 12,13, 14 and current
wording of stipulation number 8 regarding the entrance. He commented that originally
the eighth stipulation indicated there would be no entrance at all on East River
Road. The Public Works Director continued to explain.that Meridan had indicated they
would not develop the area without an access on East River Road and on July 21, 1975,
'the City Council revised the eighth stipulation to allow ingress and not egress from
East River Road. He said at that time the .Council indicated conceptual approval of the
proposal and Meridan was to work out the problems to only allow ingress. The Public
Works Director informed the Council that the Staff has been working with Meridan and
has come up with a proposal which is before the City Council. He said there had been
a change in the eighth stipulation and the addition by the Council of the 12th, 13th
and 14th stipulations. Mr. Sobiech explained the 12th stipulation to be that no
building permit will be issued until the petitioner has applied for a change in zoning
from C -2S to C-1 with no contest on zoning change in the future. He further explained
that the easements for the deceleratior. lane will be dedicated as noted on the map
on page 6-13 of the agenda. He also mentioned the applicant will construct the
deceleration lane according to the specifications of the Administration and the County.
The Public Works Director said Mr. Nordale•was present at the meeting to answer any
of the Council's questions. The Public Works Director said Meridan said by letter that
they are in agreement to the stipulations suggested contingent upon City Council approval.
Mayor Nee asked if anything in the plan was new as far as the stipulations and the
Public Works Director said no.
Mayor Nee asked if it would be possible for the traffic to gain access to East River
Road from the ingress point. The Public Works'Director said the signs and the
construction of the ingress would make it impossible to exit through this area. Mayor
Nee said signs alone do not work. The Public Works Director said the construction plus
the signs would not allow egress.
Councilman Fitzpatrick said he believed that there would be an increase in traffic
problems with this development on 79th. He said this would have an effect more at this
time than when the signals are installed. Councilman Fitzpatrick said he believed there
would be an increase in traffic from the egress on 79th.
The Public Works Director said the City Council had adopted the resolution indicating
their desires for the.installation of signals and intent to participate in the funding '
and this resolution has been submitted to the County. He said the County Highway
Department is doing a study on the area involving traffic counts, etc. He said the
City has indicated there is concern for signals at•this location.
Councilman Fitzpatrick said he had reservations about the development of the property
before the completion of the signalization of 79th.
Mayor Nee said he did not think that the volume from the north on East River Road would
be that great. He said he thought most of the people to th'e north shop at the Fridley
Market. He felt the majority of the traffic to the construction would be from the
apartments.
-Councilman Fitzpatrick said he is a little frightened about the term of channelization
of traffic on East River Road.
The City Manager said the proposal before the Council, is what had been conceptually
approved at. the previous meeting of the Council. Ho said there are some positive
factors that the Council should consider at this time. He said with the agreement
to change the zoning, this would allow for a more restricted use of the property.
Councilman Breider said he thought with the installation of the deceleration land, this
would be valuable in alleviating the problems in the area. Councilman Breider said he
had been rioting the amount of traffic generated by the Tom Thomb Market on Osborne
Road and he did not feel that much traffic was generated. He said he would see nothing
harmful with the proposal with the installation of the deceleration land.
The City Manager mentioned that the City has taken a strong position in favor of the
improvement and signalization of the intersection . He said the City has indicated
the funding for their portion will be provided the coming year.
Mr. Alex Barna, 570 Hugo St. N. E., said he felt if the development is completed in
this location, he thought there was a better charce of the installation of the signali-
zation. He said there may be some traffic from the north, because there are many
people that do not want to shop at the Fridley Food Market because it is a hangout
for young people. Mr. Barna said he did not like the proposal for a deceleration lane,
he would rather see the ingress and egress strictly from 79th.
M REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 5
Mayor Nee restated the question before the Council and said the petitioner had
indicated he could not build an economically viable business without the variances.
He also mentioned the City Council would have the possible option to deny the request
and may face a request to construct a gas station at that location within the frame-
work of the requirements. He mentioned the petitioner said this is a viable proposal
and the applicant felt he could not live with the access and egress only on 79th.
Mayor Nee asked if the,City had received the application for the rezoning of the
property. He said this should be received before any construction.
MOTION by Councilwoman Kukowski to approve the proposal before the Council with the
following stipulations:
1. Extensive landscaping on the site; plan filed with Planning Department.
2. Berming to be of sufficient height to protect the residents from automobile
lighting. (as indicated on the plans)
3. Additional plants (as marked on the plans).
4. Entire building would be brick.
5. Buffer plantings incorporated with berm.
6. Lighting focused down so as not to shine into the residential property
owner's windows.
7. All blacktop adjoining green area to be separated by poured concrete curbing.
8. No egress from the development onto East River had; ingress only.
9: Refuse area should have solid screen, -no gate opening onto the service
drive, the portion not being used for refuse storage and handling to be
used for plantings. '
10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot
be reached between Meridian and Fudali, the sidewalk connection should be
constructed anyway, but only on Meridian's property. This will offer property
protection from nearby residents.
11. Parking moved down to 20 feet to pick up additional room to enable cars
to face in instead of against each other.
12. Applicant will petition the City,for rezoning from C -2S to C-1 and there
will be no contest on zoning change in the future.
13. Easements to be dedicated to the City of Fridley as noted on attached map.
14. Applicant will construct a deceleration lane from the driveway abutting
East. River Read to the south. The deceleration lane is to be a 12 foot
wide bituminous section with a 2 foot gravel shoulder and is to extend
southward from the driveway entrance 100 feet southward from the south
radius aril then taper at 15:1 to tie back into the existing roadway. The
typical section shall consist. of 8" Class V base, 11" asphalt binder
course (IHD 2341) and I," asphalt wesring course (NHD 2341). All con-
struction small ,2 in accordance with the Minnesota Department of Highways
Standard Specific Highway Construction dated January 1, 1472, and
Standard Specification; for Hi•.�r:•:a
as onendEd by Supplemental Specification for Highway Construction. dated
January 1, 1974.
Seconded by Councilmen St.arwalt. Upon a voice vote, all voting aye, Mayor rice declare;'
the notion carried unanimously.
RECEIVI ;G THE":INUTES OF THE PLAT:> INS COMMISSION 'TETING OF AUCUST 6, 1n75:
CONSIDERATI0P1 OF THE APPE('.LS COKMISSION t; ITING OF JULY 29, 1975:
A RIQUESf Ff!'. V,-TIANCE OF Ti,F FRID EY CITY C0"_F SECTION 205.053, 4.A, TO DEDUCE
I LI`T TO 25 FEE i0 P -t a ('42100TIWO AN
�1`l t+rl t ( 0 Pr C�)CfT T1
VIN -ICT 4. BLOCK1,_ CA�,LSO'+'S ,�Ji; i�TT t'ANU(„SQiITN
L _ Fi;ICt EY, I 1 .. lLUTt 55432 _:FQUEST
1.
REGULAR MEETING OF APRIL 4, 1977
PAGE 4
proposed is larger than the one proposed two years ago and there would be an
encroachment on the surrounding properties.
Councilman Schneider indicated he shared Councilman Fitzpatrick's concern on the
encroachment and couldn't see how the variances would serve the public interest.
Mayor Nee stated he did vote for the variances in 1975 with some misgivings,
especially regarding the access to East River Road. He indicated he is not
prepared to vote at this time for any proposal with access to East River Road.
He felt access should be on the side street to serve this parcel.
Mr. Ernst, the applicant for the variances, stated the major concern is the
possibility of rezoning the site. He requested an opportunity to refer this
matter back to the owner of the property to see if the rezoning can be incorporated
with the variance requests and to determine if the access to the property can be
redesigned. Mr. Ernst explained there is a need for access off of East River
Road as the 7-11 store will not develop this property unless they have access
onto East River Road.
Mayor Nee cited the example of Country Kitchen where access is from a side
street as the State Highway Department would not permit access directly from
T.H. 47 or University Avenue. He felt a similar situation would work well for
this property.
Mr. Herrick stated, unless there is an ordinance prohibiting it, they have a
right to have access onto a street of their choice.
Councilman Schneider stated he did not feel under any obligation to worsen the
situation that now exists.
Mr. Herrick did not feel the Council was under any obligation to approve a
building of the size proposed by the applicant, but no useful service could be
found for the property without some variances. He felt a petition for rezoning
would be in order and Council could then look at the proposal in light of a C-1
zoning classification.
Councilman Fitzpatrick felt perhaps the Council should be polled to determine,
if another plan was submitted, if access would be allowed off of East River Road.
Councilman Hamernik indicated he would be in favor of giving the applicant the
option of coming back with another proposal.
Mayor Nee stated he would give consideration to the variances, but would not be
in favor of access off of East River Road.
Councilman Schneider indicated he would be in favor of a reduction in size of
the proposed building.
Councilwoman Kukowski indicated she would favor the rezoning and a smaller building
and would like to see the cut differently on the driveway.
It was the general consensus, after polling the Council, the members were not
opposed to the rezoning, but other concerns were access and the size of the
building.
MOTION by Councilman Fitzpatrick to table this itemto_the Council meeing of
April 18, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
COMMUNITY NEWSPAPER:
Mr. Belgum of the Human Rights Commission appeared before the Council in regard
to obtaining funds from the Council for conducting a survey to determine what
citizens in Fridley want to know to provide for a better system of communication.
REGULAR MEETING OF APRIL 4, 1977 PAGE 3
would be grounds for the City to cancel the license and terminate his employment
in the City as a bartender.
3. It is suggested the City administration correspond with all the liquor license
holders and specifically advise them it is their responsibility to get these
applications submitted within the time stated in the ordinance, when they hire
new individuals for these types of jobs.
Mr. Qureshi, City Manager, stated the liquor establishments have been advised they
have to obtain a license, as specified in the ordinance.
MOTION by Councilwoman Kukowski to accept the City Attorney and Mr. Hill's recommendations
No. 1 and 2 as indicated above. Seconded by Councilman Schneider.
Councilman Hamernik questioned if there wasn't some way for better enforcement of the
ordinance.
Mr. Herrick suggested suspension of a license for failure to comply with the ordinance,
but he would not recommend it in this situation since it is the first time the matter
has come to the Council's attention. He felt if a letter has gone out advising all
license holders of the ordinance requirement and if the matter again comes before the
Council, it would be in order to suspend a license.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion
carried unanimously.
NEW BUSINESS:
RECEIVING THE MINUTES OF THE PLANNING COMPASSION MEETING OF MARCH 23, 1977:
MOTION by Councilwoman Kukowski to receive the Planning Commission minutes of March
23, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
C. R. MISTALSKI; SA.V 777-01, 5801 6TH STREET:
MOTION by Councilman Hamernik to set a public hearing regarding this item for
May 9, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
APPEALS COMMISSION MINUTES OF MARCH 15, 1977:
The Council received the above minutes and considered the following item:
7-11 STORE, 7899 EAST RIVER ROAD:
Mayor Nee stated the Appeals Commission failed to make a recommendation as a vote
on the motion resulted in a 2 - 2 tie.
Mr. Dick Sobiech explained this request is for a number of variances to allow
construction of a commercial establishment at the intersection of 79th Way and
East River Road. He pointed out the property is surrounded on three different
sides by public right-of-ways. Variances would be needed to reduce the required
setback from East River Road, 79th Way and Lincoln Street, plus other variances
involving side yardq rear yard, boundary and parking lot requirements.
Mr. Sobiech then reviewed the fifteen stipulations which the Council had placed
on the request received in 1975 for this property.
In discussing the possible rezoning of the property from C -2S to C-1, it was noted,
if the rezoning was petitioned for and approved, it would reduce the number of
variances from six to four.
Councilman Fitzpatrick felt the variances were considered in relation to the present
C -2S zoning, and if the property was rezoned to C-1, it would reduce the number
of variances required.
Councilman Fitzpatrick asked what assurances the City would have the property would
be rezoned to C-1, if action was taken on the variances. Mr. Sobiech indicated
no building permits would be issued until the applicant signed the petition for
rezoning.
Councilman Fitzpatrick indicated he was concerned that the size of the building
20
REGULAR MEETING Or APRIL 18, 1977 PAGE 4
Councilman Hamernik stated he realized this is strictly a survey to delve into needs of
communications in the City, but if the results indicate a newspaper is needed, the
Council has now supported development of a newspaper in competition with the City's
officially designated newspaper. He felt from the discussion this evening, his
position would remain the same.
Mayor Nee asked if the persons involved in this concept for the survey could attend the
Council's Conference Meeting on April 25.
Mr. Belgum stated he would bring in a proposed study schedule, but could not guarantee
he would be able to get all persons involved to attend.
Mr. Bill Scott of the Human Resources Commission indicated there was a considerable
amount of discussion towards a newspaper, but at the last meeting, the Commission
made it clear what they are driving at is to do something about the communication void
in the community. He felt the term "community newspaper" was used, but that it was
not the intention of the Commission to strive towards a community newspaper or funding
one without even knowing if it is needed.
Mr. Belgum stated he would obtain a list of tentative questions from the Director of
the School of Journalism for the Council's review and also obtain a statement on why
the results would be computerized and submit this at the Council's Conference Meeting.
MOTION by Councilwoman Kukowski to table this item. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
ORDINANCE NO. 643 - AMENDING CHAPTER 703 SNOWMOBILES, SECTION 703.021, OPERATION AND
DELETING SECTION 703.022:
MOTION by Councilman Schneider to waive the second reading of Ordinance No. 643 and
adopt it on the second reading and publish. Seconded by Councilman Hamernik.
Mr. Qureshi, City Manager, stated this ordinance was brought to the attention of the
Parks and Recreation Commission and they felt it should not be considered until next
fall.
Councilman Schneider stated he prefers to adopt the ordinance at this time instead
of waiting until next fall.
Mayor Nee then outlined the provisions of the ordinance relating to snowmobiles for
benefit of the persons in the audience.
Councilman Hamernik felt the ordinance should be adopted at this time so staff will
have time to make plans to implement the enforcement of this ordinance before next
winter.
Mayor Nee felt snowmobile owners should be put on notice that the ordinance does reduce
their operation in the City.
Councilman Fitzpatrick stated the area of operation is reduced, but felt there had been
a problem in the past with enforcement of the ordinance.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the
motion carried unanimously.
ORDINANCE NO. 644 - ESTABLISHING CHAPTER 607 OF THE FRIDLEY CITY CODE ENTITLED "TAVERN"
Mr. Herrick, City Attorney, suggested several changes in the above ordinance as
follows:
1. "Tavern Entertainment" in the title should be changed to "Entertainment License"
as taverns are defined as those establishments that sell 3-2 beer and this
ordinance is meant to apply to all establishments that sell liquor.
2. Deletion of the word "Tavern" in the titles of Sections 607.01, 607.02, and 607.04
and deleting the word "tavern" on line 2 in Section 607.05.
3. Under Section 607.03, delete the words "regulating non -intoxicating malt beverages
and intoxicating liquor" and change the word "desire" to "determine" so Section 607.03
would read as follows: "Holders of an entertainment license shall be subject to
all the regulations and restrictions contained in this code and any violation may
be grounds for the cancellation of said license if the City Council shall so
determine."
U
,y
REGULAR MEETING OF APRIL 18, 1977 PAGE 3
MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the Public Hearing on the Renewal of the On -Sale Liquor License for
George Is In Fridley closed at 8:02 p.m.
OLD BUSINESS:
V CONSIDERATION OF REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF A 7-11 STORE AT 7899 E.
/\—PJVER ROAD; R.C.E. CORPORATION TABLED 4/4777):
.1
Mr. Sobiech, Public Works Director, stated he received a phone call from the applicant
of this variance and requested the Council table this item until the applicant had a
chance to meet with the County regarding possible signalization at the intersection of
the proposed 7-11 store.
The Council requested this item be submitted, after the applicant has had the opportunity
to meet with the County and, therefore, no action was taken at this time.
CONSIDERATION OF EXPENDITURE OF FUNDS TO INITIATE A SURVEY TO DETERMINE COMMUNICATION
NEEDS FOR THE CITY OF FRIDLEY TABLED T/-4/-7-7Y'—
MOTION
/4/77 :
MOTION by Councilwoman Kukowski to take the item from the table. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Belgum of the Human Resources Commission appeared before the Council concerning
this item. He stated the issue before the Council is not a community newspaper, but
if Fridley can become a better community by improving communications. Mr. Belgum.
reviewed statements presented to the Council based on a study outline for the purpose
of analyzing a community to see how it can be improved. He felt many persons would
benefit by a communications survey including Cable T.V., the Sun Newspaper, the Library,
Community Schools and the City itself. The survey would tell what people want to know
regarding news and views of the City.
Mr. Larry Dobson, 1636 68th Avenue N.E., spoke in favor of the survey as he felt
communications are important and there are areas in the City not covered by news
media.
Mr. Doug 011ila, 6310 Able Street N.E., felt the survey should be conducted as he found
it difficult to identify with the community when he moved to Fridley. He encouraged
the Council to act favorable on this request.
Councilwoman Kukowski stated the Community Education Council Executive Board has
decided to see if they could not conduct their own survey, as they felt perhaps this
particular survey was too narrow and would not answer some of their questions.
Councilwoman Kukowski also felt the scope of the survey proposed by Mr. Belgum may
not be that intense and might lead to questions on newspapers and she would not be in
favor of interfering with private enterprise.
Councilman Fitzpatrick felt one of the reservations the Council has is that the
survey might be aimed at a community newspaper, instead of more broadly at what is the
communication problems in general.
Mayor Nee stated the request had been presented as a feasibility study on a community
newspaper and now it is being presented as an overall study of communications.
Mr. Belgum stated they have changed their minds and concur it should not be a study
on the feasibility of a community newspaper. He felt there would be benefit from a
general study of communication needs. He indicated if Council approved the request,
no funds would be allocated until the questionnaire could be reviewed.
Councilman Schneider agreed the City has to find avenues of communications and ways
to improve them, but questioned why the survey would have to be computerized and how
the $500 would be spent.
Councilwoman Kukowski questioned who would decide what types of questions would be
asked.
Mr. Belgum suggested the Council should have the right to make suggestions and review
the questions.
i
.. _ 171 I
REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 5 Z R
CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF A 7-11 STORE AT
7899 EAST RIVER ROAD R.C.E. CORPORATION TABLED 4-18-77
Mr. Tom Colbert, Assistant City Engineer, explained the requests for variances to
allow construction of a 7 -Eleven Store at 7899 East River Road. He explained the
item was tabled -on April 18, 1977 in order to allow the developer time to meet
with the County regarding possible signalization at the intersection of the proposed
7 -Eleven Store.
Mr. Colbert stated the City received a request from the petitioner, Mr. Ernst, to
be placed on the Council agenda for this evening.
Mr. Ernst appeared before the Council and explained they have looked into the
possibility of rezoning the property in question to C-1 which would alleviate the
need for a variance from the public right-of-way; eliminate the variance for a 20
foot setback; and eliminate the 50 foot setback from a common boundary line, as
previously requested. Mr. Ernest explained, with a C-1 zone, only two variances
would be required. One being a variance of the side yard setback from 15 feet
to 10 feet and the other being a variance of the rear yard setback from 25 feet
to 20 feet. He stated they have explored the possibility of obtaining an easement
from the apartment to the South and have a letter from the owner expressing the
inability to grant such an easement.
Mr. Colbert explained part of the original stipulations was the establishment of a
deceleration lane to County standards.
Mr. Ernst stated they are willing to construct a deceleration lane. Councilman
Fitzpatrick felt the real issue is the entrance off East River Road, and didn't
feel there was a problem with the variances since they will be requesting rezoning
to C-1.
Mr. Colbert stated, in discussing a temporary median on East River Road, the County
felt to place a three to four foot median without any future road development would
create more of a hazard than having persons attempting to make an illegal turn..
The staff suggested, as far as the traffic pattern is concerned, the ingress, as it
is proposed could be allowed with the idea that the int3rsection will be improved in
the near future or it could be approved with the stipulation that no ingress be
allowed until the intersection modification took place.
The staff felt, if direction is received from the Council, program scheduling could
begin with the project being completed within the next few years.
Mrs. Virginia Carlson, 231 79th Way, stated there was some discussion at the last
meeting about using 79th. She indicated she did not want any traffic from this
development on 79th. She stated she was against commerical development on that corner
and felt it would downgrade the value of her property. Mr. Qureshi felt the improve-
ments of the intersection would be in two stages; first, the construction of the
channelization of the intersection and second, the signalization.
Mr. Colbert then presented a drawing showing the proposed improvement of the inter-
section. This would allow a right turn lane into Meadowrun Apartments, but no exit.
Councilman Fitzpatrick pointed out this proposal still exits onto 79th. He felt if
there is to be ingress to this property from East River Road, you have to look at
a substantial improvement.
Mr. Colbert felt the Council would want the ingress to be more defined and with
appropriate signing, he felt it could be handled effectively.
Mr. Ernst stated they are willing to study this approach with the Engineering Department
and would install the proper signing to indicate that traffic not exit from that
particular entrance.
Mr. Colbert stated, if ingress was allowed off East River Road, it would fit in
with the modification plan.
172.
REGULAR MEETING OF SEPTEMBER 12, 1977
PAGE 6
2S
Councilman Fitzpatrick felt the petitioner should continue to work with the City
and initiate the rezoning request for C-1.
MOTION by Councilman Fitzpatrick for the petitioner to continue to work with the
City regarding the ingress and egress and to initiate the rezoning request for C-1
which would eliminate the need for some of the variances requested in the past.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee
delcared the motion carried unanimously.
NEW BUSINESS:
TION OF FIRST READING OF AN ORDINANCE AMENDI
HOR ZES THE ISSUANCE OF BINGO LICENSES TO QU
S THEREFORE, AND PROVIDING PENALTIES FOR VIO
Councilwoman Kukowski felt the ordinance was not acceptable as to what her thoughts
were, in terms of costs to the City, in comparison to the proposed amendment. She
felt there should be some middle ground.
Councilman Hamernik concurred with Councilwoman Kukowski's comments. He felt the
amount of paperwork could be minimized and thereby, minimize the cost of the license.
Councilman Fitzpatrick felt with the 15% of the gross receipts to lawful purposes,
they still have an obligation to look at the other 85%.
Councilman Schneider felt a certain percentage of the gross receipts, possibily 5%,
should be for local charitable contributions, and this should be noted in the ordinance.
Councilman Hamernik felt the fees should be re-evaluated.
Mr. Brunsell, City Clerk, stated they could take another look at them, however,
if the City is going to audit everything, the fees are not enough.
MOTION by Councilwoman Kukowski to table this item. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 17, 1977:
JILL ZAK SPECIAL USE PERMIT SP :477-10 8290 MAIN STREET:
Mr. Colbert, Assistant City ngineer, s ated the Planm ng Commission recommended
approval of this request for a special use permit for a school of gymnastics and
exercise in an M-2 zone. He explained the reason for the request is that this
type of a warehouse building is needed in order to accommodate the gymnastic equip-
ment. He stated, if the Council recommends approval of the request, the special use
permit should be issued to the property with direction being given to staff to
define the area of the special use permit in relation to the entire building.
Mr. Colbert stated, as of this date, the building is still under construction and
Ms. Zak has not signed the lease. Ms. Zak appeared before the Council regarding her
request for a special use permit.
Councilman Hamernik questioned the space she would occupy in the warehouse building.
Ms. Zak stated she would be leasing one of the small bays nearest Main Street,
the size being 30 x 34 feet. Ms. Zak stated she would like to move into one of the
larger bays at some future date.
Mr. Herrick, City Attorney, felt if Ms. Zak was going to expand, it.would be reason-
able to have her come in with a request at the time of expansion.
Mr. Qureshi, City Manager, felt it would have to come as a modification to the special
use permit, if the location in the building changed.
MOTION by Councilman Hamernik to approve Special Use Permit SP #77-10 to Ms. Jill
Zak for use of a recreational -commercial facility in an M-2 zone at 8290 Main Street
and allow her to use a 30 x 34 feet bay for recreational purposes. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the �.
motion carried unanimously.
REGULAR MEETING OF NOVEMBER 21, 1977
PAGE 6
247
Mr. Brunsell, City Clerk, was asked to check on the computer rental fees. It was
the Council's intention the City should have 51, of these fees. Mr. Brunsell stated
he would correspond with General Television, Inc. regarding this matter.
x CONSIDERATION OF 7-11 DEVELOPMENT AT 7899 EAST RIVER ROAD; R.C.E. CORP., WARREN CALDWELL:
Mr. Ernst, 2100 Silver Lake Road, New Brighton, representing R.C.E., Corporation,
f appeared before the Council to request a building permit be issued for the property
at 7899 East River Road contingent upon the rezoning and variances. Mr. Ernst
explained his reason for requesting this is to enable him to obtain the necessary
financing. Mr. Ernst explained the reason for delay in filing for the rezoning was
because the property owner was out of the state and wasn't available for signing the
application.
Mr. Herrick, City Attorney, asked if there was an understanding that construction would
not start until the rezoning takes place. Mr. Ernst stated construction need not
start, but only wanted the building permit issued for financing purposes.
Mrs. Virginia Carlson stated she was interested in the traffic flow and where the
driveways would be located in reference to her property. Mr. Sobiech pointed these
out on the map. Mrs. Carlson also asked if barriers could be installed so that debris
would not blow into her front yard. Mr. Sobiech stated there are a number of stipulations
attached to the variance and felt, with appropriate landscaping and berming, they could
control the litter. He stated, however, if this couldn't be accomplished perhaps
they could require the developer to put up fencing.
MOTION by Councilman Fitzpatrick that the building permit be issued subject to the
rezoning and subject to the variances being granted with the stipulations outlined
that would be necessary in the rezoning. Seconded by Councilwoman Kukowski.
Mr. Herrick felt that at the time the rezoning is approved, the variances should be
considered.
Mr. Sobiech stated he does not see what good the building permit is because he cannot
build with it until the rezoning and variances are approved.
Mr. Herrick noted that Mr. Ernst stated he didn't plan to start building until the
rezoning and variances were approved, but the building permit would enable him to
obtain the necessary financing.
UPON.A VOICE VOTE ON THE MOTION, all voted aye, and Mayor Nee declared the motion
carried unanimously.
IVING THE MINUTES OF. THE PLANNING COMMISSION MEETING OF NOVEMBER 9, 1977:
1. REPEAL OF SECTION 205.051, 3,D; SPECIAL USE PERMIT FOR DOUBLE BUNGALOWS:
2. FRIDLEY HOUSING MAINTENANCE CODE:
MOTION by Councilwoman Kukowski to receive the minutes of the Planning. Commission
Meeting of November 9, 1977. Seconded by Councilman Schneider.
Councilman Schneider stated his primary concern on a special use permit for double
bungalows in an R-1 zone is that the burden of proof to deny it is on the City. He
felt perhaps a rezoning or variance procedure would make more sense where the burden
of proof would fall on the petitioner.
The City Attorney and staff is to check on this further.
There was no discussion on the Fridley Housing Maintenance Code.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the
motion carried unanimously.
2T
246
REGULAR MEETING OF NOVEMBER 21, 1977 , PAGE 5
Mr. Qureshi stated the basic problem the City has been facing is not being able to
raise a minimum amount of money to sustain the interest payments on the basis of the
committments made by the Islands of Peace Foundation. He advised there is also another
interest payment coming due the early part of next year.
Councilwoman Kukowski asked the Council's indulgence for another 30 dyas as she stated
she knows Prudential Insurance has promised a contribution and --felt this would be
forthcoming shortly.
Mr. Qureshi stated he would bring this item back to the Council the first part of
the year.
Mr. Qureshi stated the other consideration concerns the grant and if the Council wishes
to proceed, it is recommended the funds not be released until there is a financial plan
of building maintenance, operations and programming.
MOTION by Councilman Fitzpatrick to proceed to''apply for the grant, contingent upon
agreement with the Islands of Peace Foundation, and keeping in mind that these funds
would not be disbursed until the match is documented. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
CONSIDERATION OF REGIONAL SPECIAL USE APPLICATION FOR ISLANDS OF PEACE AND NORTH PARK:
MOTION by Councilman Fitzpatrick to seek this designation for both park areas.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF DRAFT PROPOSAL LETTER TO FCC FROM MAYOR NEE
AND
RECEIVING MEMORANDUM FROM MARK SCOTT REGARDING PROMOTING PUBLIC ACCESS IN FRIDLEY
AND
CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 405 OF THE FRIDLEY
CITY CODE, ENTITLED CABLE: TELEVISION FRANCHISE:
Mayor Nee reviewed the proposed letter to the FCC regarding the Cable Television
Franchise.
Councilman Fitzpatrick stated he agreed with the Mayor's comments to the effect that
the City is in an untenable position if they are not going to enforce parts of the
ordinance. He stated, if the City has an unenforceable ordinance, he felt they
should do something about it instead of writing the letter saying they are not going
to enforce it.
Councilman Schneider stated it was made clear from the Cable Television Commission
and their attorney that the FCC altered their position several times. He stated he
concurred with the comments in Mayor Nee's letter which seem to be in violation of
the provisions of the Charter and have no alternative but to revoke the comments made
in the letter of April 22, 1974.
MOTION ny Councilman Fitzpatrick to authorize the sending of this letter to the FCC.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to forward a copy of the letter sent to the FCC to
the Cable Television Commission and ask them for their comments on the impact of their
recommendations for franchise amendments. Seconded by Councilwoman Kukowski. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Kukowski to table the proposed ordinance amendments regarding
the cable television franchise for six weeks. Seconded by Councilman Schneider. Upon
i
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the memo from Mark Scott dated November 16,
I' 1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
3
2 f;
REGULAR MEETING OF January 8, 1979
PAGE 3
MOTION by Councilman Sheridan to award the 1979 contract for animal control
services to MAPSI the reason being the level of complaints at Blaine Midway, as
compared with MAPSI, and the recommendation of the Humane Society that cities
not take up any contracts with Blaine Midway All Pets. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
NEW BUSINESS:
CONSIDERATION OF LOT SPLIT L.S. #78-05 AND VARAANCES REQUEST BY DAN -LAN DEVELOPMENT
COR('. (HARLAff KING 5430 5TH STf2CET Nl.E
Mr. Sobiech, Public Works Director, stated this is a request to split three
existing 40 foot lots into two 60 foot.lots. He stated, if the lot split is
approved, the existing single family home and garage, which would be relocated,
will be on Lot 5 and the North half of Lot 6 and to the South of this would be .
a duplex or double garage.
MOTION! by Councilman Fitzpatrick to concur with the recommendation of the Planning
Commission and grant Lot Split ;78-05: Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
The variances are to be considered in the next item of business.
RECEIVING THE BOARD OF APPEALS MINUTES OF DECEMBER 26, 1978:
1. CONSIDERATION OF VARIANCES REQUESTED BY DAN -LAN DEVELOPMENT CORPORATION
TIARLAN KING : 5430 5TH STREET N.E.:
Mr. Sobiech, Public Works Director, stated this is a request for variances in con-
junction with the lot split approved by the Council for the Dan -Lan Development
Corporation.
The variances requested are to reduce the area requirement for the lot from the
required 10,000 square feet to 7,812 square feet and to reduce the side yard require-
ment for the existing house from 10 feet to 3.9 feet from the new property line.
i
MOTION by Councilman Fitzpatrick to concur with the recommendation of the Board of
Appeals and grant the variances with the stipulation that the building placed on
the South lot be at least 16.1 feet from the North property line. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously. t
2. 40 FOOT LOTS:
Councilman Fitzpatrick stated, from reading the minutes, he gathered the Appeals
Commission would just as soon have an opportunity to act again on this item.
MOTION by Councilman Fitzpatrick that the request be returned to the Appeals
Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to receive the Appeals Commission minutes of
December 26, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF SIGN PLAN FOR CONVENIENCE CENTER AT 7899 EAST RIVER ROAD:
Mr. Sobiech, Public Works Director, presented the proposed sign plan for the conven-
ience center at 7899 East River Road.
MOTION by Councilman Fitzpatrick to accept the sign plan as submitted. Seconded
` by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION OF RFPLACEMENT OF FRIDLEY i -IRE DEPARTMENT AND COLUMBIA HEIGHTS FIRE
DEPARTMENT FIRE EQUIPh1FNT DAMAGED AT Fh1C FII:E:
Mr. Qureshi, City Manager, stated there was sizeable damage to fire equipment of
both Fridley and Columbia Heights Fire Departments in fighting the fire at FMC.
COUNCIL MEETING OF JULY 20, 1987
implemented and it is recommended that any future sign permits be contingent
upon implementing these outstanding landscaping features.
MOTION by Councilman Fitzpatrick to approve the comprehensive sign plan for
the Riverboat Shopping Center at 7899 East River Road N.E. with the deletion
of the words "plus the detached separate reader -board sign" under Item A-1
and deletion of Item A-2 under Sign Specifications. Further, this approval
is contingent on the completion of the implementation of the landscaping
plan for the shopping center. Seconded by Councilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
5. CONSIDERATION OF APPjr 2OINTMENTS TO THE ENVIRONMENTA
COMMISSIONS:
MOTION by Councilwoman Jorgenson to table this item. Seconded by Council
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the ion
carried unanimously.
6. ORDINANCE NO. 890 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APTER 14
ENTITLED "PEDDLERS" SECTION 14.08 INVESTIGATION AND ISSUANC AND ADDING
NEW SECTION 14.11 HOURS OF SOLICITATIONS AND RENUMBERIN f RESENT 14.11
THROUGH 14.20:
MOTION by Councilman Schneider to waive the secon eading and adopt
Ordinance No. 890 on second reading and order pub cation. Seconded by
Councilman, Goodspeed. Upon a voice vote, all voti aye, Mayor Nee declared
the motion carried unanimously.
7.
NEW BUSINESS:
CONSIDERATION OF FIRST READING OF AN ORDOANCE APPROVING A VACATION SAV
#87-04, TO VACATE EASEMENTS ON LOT 4 OCK 2 EAST RANCH ESTATES SECOND
ADDITION GENERALLY LOCATED AT 7710 ERSITY AVENUE N.E. BY J. BENSON AND
G. BRADBURY:
MOTION by Council/Gdt to waive the reading and approve the
ordinance upon firith the following stipulations: (1) developer
responsible for alociated with relocation of 8 inch sanitary
sewer line; and (2y easements to be provided on north and south
of property to accrelocation of the sewer line. Seconded by
Councilman Fitzpaon a voice vote, all voting aye, Mayor Nee
declared the motioanimously.
8. ITEM FROM THE 2j TUTES OF THE PLANNING COMMISSION MEETING OF JUNE 24, 12�L-
A. CONSIDEJKTION OF A SPECIAL USE PERMIT SP #87-13, TO ALLOW THE
GRAD AND CONSTRUCTION OF A PARKING LOT IN THE CRP -1 FLOODWAY
GE ALLY LOCATED SOUTH OF RICE CREEK ROAD EAST OF HIGHWAY 6
TH OF MOORE LAKE AND WEST OF CENTRAL AVENUE, BY BRODY ASSOCIATES:
bertson, Community Development Director, stated this special use
-7-
6. CONSIDERATION OF A
REZONING ZOA #87-01,
TO REZONE FROM
R-3, GENERAL MULTIPLE
DWELLING, TO C-2, GENERAL
BUSINESS, ON
LATS 23 AND 24
TOGETHER WITH HALF
VACATED ALLEY, BLACK
6, FRIDLEY PARK, ACCORDING
TO THE
PLAT THEREOF ON FILE
AND OF RECORD IN THE OFFICEE OF THE COUN'T'Y
RECORDER IN AND FOR ANOKA COUNTY,
MINNESOTA, THE SAME
BEING 6501 EAST RIVER ROAD N E ,
BY CHRISTENSEN AUTO
BODY:
Mr. Robertson, (bmmunity Development Director, stated a hearing on this
rezoning was held on March 11, 1987 before the Planning Commission and they
recommended approval with several stipulations. He stated a public hearing
was scheduled before the (buncil for April 6, 1987, however, the petitioner
requested the item be tabled in order to work out a concern regarding the
stipulation for a street easement. He stated his concern has been
addressed and the petitioner wishes to proceed -ith the public hearing
before the City Council.
MOTION by Councilman Fitzpatrick to set the public hearing on this proposed
rezoning for March 28, 1988. Seconded by Cb`uncilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
7. CONSIDERATION OF AN EXTENSION OF A LOT SPLITS L S #87-03, BY BERNADETTE
BENSON OF MIDWEST SUPER STOP:
Mr. Robertson, (bmmunity Development Director, stated the petitioner has
requested a three month extension from this date in order to record a lot
split, L. S. #87-03, approved by Council on June 1, 1987. He stated it is
suggested this extension be,approved, with the following stipulations: (1)
execute and return street easement agreement (17 feet along East River Road)
prior to recording lot split; (2) proviOe dumpster screening prior to
recording lot split; (30) provide hedging along Fairaont Street with edging,
weed barrier and mulch prior to recording; and (4) subdivide parcel to be
added to residential lot to west ooncurrently with recording.
MOTION by Counc�Uiran Fitzpatrick to approve a three month extension of Lot
Split, L. S. #87-03, to June 7, 1988 with the following stipulations: (1)
execute and return street easement agreement (17 feet along East River Road)
pVIn
cording lot split; (2) provide dumpster screening proir to
rf split; (3) provide hedging along Fairmont Street with edging,
wand mulch prior to recording; and (4) subdivide percel to be
aidential lot to west concurrently with recording. Seconded by
Cchneider. Upon a voice vote, all voting aye, Nayor Nee declared
tarried unanimously.
8. 'fMN_SIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR RIVERBOAT PLAZA, 7899
EAST RIVER ROAD:
Mr. Robertson, Community Development Director, stated the petitioner, Mx.
IQus is appealing the Council's action on this shopping center's sign plan
which was approved by Council on July 20, 1987. Be stated because the
notice that this item would be on the (bunci.l's agenda went to the shopping
center's address and not Mr. Klus' residence or business, Mfr. Faus felt this
-11-
� •• Jy I • �: CSM' �'�:
didn't constitute official notification.
Mr. Robertson stated Mr. Klus has requested that the porta-panel be included
as fart of the permanent sign plan and this feature of the plan was deleted
by the Council at the July 20, 1987 meeting. He stated the original
building permit for this shopping center was issued about ten years ago and
contained 14 stipulations, two of which haven't been completed. He stated
staff is recommending no changes in the Council's approval of the' sign plan
and to add the rEquirEvent that a bond or letter of credit for $2,000 be
submitted by April 1, 1988 and the landscaping be completed by June 30,
1988.
Mr. Flus, owner of the Riverboat Plaza Shopping Center, stated he received a
call frau Daryl Pbrey requesting a sign plan be submitted. He stated he
complied and was advised this was a housekeeping item. He stated he
received no notification and didn't know the sign plan was before the
Council.
Mr. Flus stated he purchased this center in 1986 and did a title search and
found no requirements for a comprehensive landscaping plan. He stated he
did not know wiry he had to complete landscaping in order to obtain a sign
permit. He stated he is not unwilling to do some landscaping, but did not
want to purchase another sign. Mr. Klus stated the porta-panel sign
referred to by the City staff he refers to as a free standing sign. He
further stated that this evening was the first he had heard about a $2,000
bond.
Mr. Flus stated he would like the Council to reconsider approval of the sign
plan as submitted and he world work out an acceptable landscaping plan with
staff. He stated the free standing sign is very important to his tenants.
Mayor Nee stated the landscaping requirEinent was part of the building permit
and there was gross negligence on the part of the previous owner. He stated
he CdcIn't know wty. Mr. Flus' search wouldn't have shown that as part of the
building permit stipulations.
Mayor Nee staged the use of a porta-panel sign is allowed up to three times
per year per business for non-con.secutive ten day periods. Mr. Flus stated
he feels this is a free standing sign and not a porta-panel sigh. He stated
it is anchored and not on wheels.
councilman Schneider asked the square footage of the pylon sign and the
porta-panel sigh. Mr. Robertson stated the pylon sigh is 64 square feet and
the porta-panel sign is 32 square feet. Councilman Schneider stated the
code rEquirement is not over 80 square feet so these two signs combined are
over the code rEquirEments.
Councilman Fitzpatrick stated he thinks it is only fair that the petitioner
and staff know his interpretation is that the sign is a porta-panel sign.
Mr. Robertwn stated if the petitioner desires a reader board, it could be
incorporated with the pylon sign. He stated the code requires a free
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9.
standing sign be ten feet off the ground. He stated if Mr. Flus considers
this a free standing sign, it is also in violation of the code.
(buncilman Fitzpatrick felt the petitioner and staff should discuss the
details of the sign plan for the Council's action at the next meeting.
Mayor Nee asked Mr. Flus if he is in agreement with the landscaping plan.
Mr. Flus stated he didn't believe it should be included as part of the sign
plan approval.
Mr. Frank Walz, attorney representing Mr. Klus, stated Mr. Flus didn't
believe a condition for landscaping should be attached as a stipulation to
the sign plan. He staged the landscaping has been ignored for a ten year
period and didn't know why the City didn't take action to enforce the
stipulation. He stated to impose landscaping as a condition of the sign
permit is improper.
Mayor Nee stated he has no problem with deleting the landscaping as a
condition of the sign plan.
Mr. Herrick, City Attorney, felt the two issues should be divided. He
stated the fact of the matter is the sign is not in compliance because it is
over the square footage allowed and less than ten feet from the ground. He
stated there two issues should be discussed in conjunction with the sign
plan. He felt the landscaping should be considered on a separate basis.
NDTJON by Councilman Fitzpatrick to table this item to March 28, 1988.
Seconded by Councilman Schneider. upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
CQNSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR MOON PLAZA, 6201
UNIVERSITY AVENUE:
Mr. Robertson, (bmmunit;7 1�-,velojment Director, stated Mr. Dearman, owner of
Moon Plaza, has sutmitA.e a request to revise the sign plan for this
shopping center. He stated Mr. Gearma.n is proposing to use pre -formed
letters, either glued or screwed, to the present steel backing or to install
signs with pre -finished backing using pre -formed letters.
Mr. Twen, representing Mr. Gearman, state..d for Every sign installed at the
shopping center since 1965, a permit has{been issued
(buncilman Billings stated information compiled by staff indicates the
laundry and dry cleaners and A-1 Garment received no sic
� permit. He stated
Ledwein's and the graphics company installed a sign which was different frau
what was approved. He, stated North Star Video was granted a variance for
their sign which has since e xpi red.
Councilman Schneider stated the whole concept of the sign plan was to allow
the tenantssome variety, but within defined guidelines.
N7wen stated in regard to the Ledwein sign, this owner came in for a sign
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: • � 4 •„ley � • �• ' M'
1'
permit and he didn't know anything about it. He stated Powder Pouf ,and
Plaza Cleaners are grandfathered. He stated everyone in the shopping;:center
screws the signs to the tacking. He felt it would be easier to pre-bqrm the
letters on their own tacking and screw it on to the present backing.'
Mr. Herrick, City Attorney, stated it is the responsibility of the owner of
the building to make sure the signage is legal. He stated the ultimate
enforcement rests with the City. He stated if signs are grandfathered, it
doesn't mean they are grandfathered forever. He stated he would submit a
memo to the Council on enforcement and touch on grandfathering. He stated
in regard to grandfathering, the courts have declared you have to permit a
non -conforming sign to be used long enough so that the investment in the
sign is amortized. He felt if some of the signs have been there since 1965,
this has been accomplished. He asked how nary existing signs meet the sign
plan requirements.
Mr. Twen stated 80% of the existing signs meet the requirements of the sign
plan.
Mr. Iwen stated tenants are told ty City Hall staff that the City will be
purchasing this shopping center as it is ilhi a renewal district. Mayor Nee
stated there is no plan whatsoever for the City to purchase this shopping
center.
Qbuncilman Schneider stated it is unfair to make some of the shopping center
owners comply and let others do as they please.
Mr. Robertson stated the question is if any more sign permits should be
issued until the matter of the comprehensive sign plan is resolved.
Mr. Herrick stated if there is a request for a sign, it would have to comply
with the sign plan which was approved.
Councilman Billings stated he understands Mr. C-earman has submitted a
revised comprehensive sign plan which is different from what the Council
approved. He stated Mr. Olson has submitted a letter and stated he
understands the shopping center was to receive a facelift and didn't want to
change his sign at the present time, if it would require another change
sometime in the near future.
MDTION by Cotncilman Billings to deny Mx. Cearman's request for a revised
comprehensive sign plan for loon Plaza. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
rOTION by Councilman Billings to direct staff to contact Mr. Kim Olsen and
Mr. Gearman and/or his representatives regarding the submittal of plans for
the facade and signage remodeling plan and timetables for completion.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 1988
Mr. Flora, Public Works Director, stated the County proposes to install the
bikeway/walkway on the west side of East River Road and didn't make an issue
of an easement on the east side.
Mr. Richard Kemper, 7857 Alden Way, member of the Unita an Church, stated
his only concern is the easement that currently exis on the north side of
the green area leading to the cemetery. He asked t impact this rezoning
would have on the easement.
Mr. Robertson stated a stipulation of the special use permit is that the
parking and storage area be constructed/In a manner which respects the
existing cemetery and saves all existir trees not located in the future
paved area.
Dr. Kempen stated there is a boundary between the cemetery and storage area
and asked if there would be changes from what now exists. Mr. Robertson
stated he didn't believe there would be any major charge, except the
addition of a fence.
Mr. Christensen stated n the area between the cemetery fence, there is
about six feet they uld not touch and leave Lot 29 completely alone so it
shouldn't affect cemetery at all.
No other pers in the audience spoke regarding this proposed rezoning.
NDTION by, -Councilman Fitzpatrick to close the public hearing. Seconded by
Ccunci;uian Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 9:08 p.m.
OLD BUSINESS:
3. CUNSIDERATION OF REVISED CXDMIPRIIENSIVE SIGN PLAN FOR RIVERBOAT PLAZA, 7899
EAST RIVER RDAD N.E. (COI\'PINUED FROM 3/7/88):
Mr. Robertson, Community Dr,
Riverboat Plaza Shopping Cer.,
to appeal the Council's dec;
July 20, 1987. He stated th
of the reader board and a sT
based on the implementation
decided the landscape stipu.
sign plan since it has no rE
`lopment Director, stated the owner of the
appeared before the Council on March 7, 1988
.n on the comprehensive sign plan approved
buncil approved this sign plan with deletion
.:lation that future sign permit approval be
the landscape plan. He stated Council has
n should be deleted as part of the approved
-ce to signage.
Mr. Robertson stated staff hk- Irked with Mr. Flus and is recommending the
reader board be regulated as mporary sign per the ordinance. He stated
the ordinance states that tempt, �y signs are allowed three times per year
per business for nonconsecutive l0 day periods. He stated the portapar_el
has been. used by the shopping center's sever_ businesses for approximately 90
days this year. He stated, as a whole, the shopping center could use a
temporary sign for up to 210 days per year, therefore, there are about 120
days left in the year for a permitted temporary sign. Mr. Robertson stated
staff is recamt -rending that each tenant be allowed to use a temporary sign
FRIDLE'Y CITY OOUNCIL MEETING OF MARCH 28, 1988
two more times this year for nonconsecutive 10 day periods. He stated staff
feels the sign should be removed from its inplanted state by April 15, 1988
to make it actually portable.
Mr. Robertson stated landscape options were also discussed with Mr. Klus.
He stated Mr. Klus can iimplanent the present landscape plan approved in 1978
or another plan designed by the City. Mr. Robertson stated Mr. Klus would
have bids on each plan and determine which will be irplemented.
Councilman Fitzpatrick stated his concept of a portable sign is a sign that
comes and leaves the premises. He stated it never occurred to him that
sever, businesses in a store front arrangement would each use it for a 10 day
period as mare as three times a year to bring the total to 210 days of use.
Councilman Schneider stated the reader board was to be just a temporary sign
and no one envisioned a shopping center could have several there almost all
the time.
Mr. Herrick, City Attorney, stated f rom the enf orcement standpoint, the
simplest way is not to permit them at all. He stated if they are to be
permitted, then the question must be addressed how of ten they can be used
and if uses are based on the premises or number of tenants.
Mr. Klus stated he did sane research and found he doesn't own the reader
board at the shopping center. He stated the sign can be lifted and moved.
He stated his tenants have taken out a permit for this sign and he has
advised them when this permit expires, they are to remove it. Mr. Klus
stated the reason this reader board sign was used was because the power was
disconnected from the pylon sign of which he was not aware.
Mr, flus stated the pylon sign conforms to the ordinance and a determination
will be made if it is cost effective for the reader board information to be
placed on the existing sign as the cost would be about $3,000.
Mr. Klus stated he is in the process of obtaining bids for the landscaping
and will decide which plan to implement when these bids are received.
M TION by Councilman Fitzpatrick to approve the camprehensive sign plan for
Riverboat Shopping Center, 7899 East River Road, as shown on Page 3C of the
agenda, with the deletion of the words "plus the detached sekharate
reader -board sign" under Section A-1 and deletion of Section A-2 pertaining
to the use of the reader -board sign. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Fitzpatrick felt staff and the City Attorney should bring back
information as to whether or not the reader board or portapanel signs should
be permitted.
Councilman Schneider stated he would concur, however, he felt the City needs
to not only address portable signs, but other items used in promotions such
as banners, balloons, etc.
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4.
• / M •• N/ 181 / • �• ' • ' L
Councilman Billings stated he believed staff has prepared information on
portapanel signs for the Planning Ccmission' s review.
Mr. Robertson stated it is an administrative headache to properly enforce
this ordinance. He stated part of the problem is that these portable signs
are usually rented on a monthly basis and people do not want to only use
them for 10 days as is permitted by the ordinance.
Councilman Fitzpatrick asked if there would be a problem outlawing these
signs. Mr. Herrick stated he doesn't know haw often they are being used and
how the business community would respond, but from an enforcement
standpoint, it would be easier not to permit than at all.
Councilman Fitzpatrick felt the Council should probably wait for a
recamlendation from the Planning Ccnmission.
CONSIDERATION OF REVISED 00MIPRE ENSIVE SIGN PLAN FOR MOON PLAZA SHOPPING
CENTER, 6201 UNIVERSITY AVENUE N.E., (CONTINUED FROM 3/7/88):
Mr. Robertson, Cc>Rmunity Development Director, stated at the MarcY7, 1988
meeting, the Council denied the request of Mr. Gearman,owner of Soon Plaza
Shopping Center, for a revised sign plan. He stated staff untacted Mr.
Gearman and discussed options of either resubmitting new signage
remodeling and facade plan or enforcing the present ccupr ensive sign plan.
He stated Mr. Gearman chose to enforce the present sign an by working with
the tenants and City. Mr. Robertson stated D1r. 7in
should require all
businesses with nonconforming signs to come compliance with the
approved sign plan by June 18, 1988.
Mr. Robertson stated the City Attorney's off a de researched the problem of
sign amortization and nonconforming uses ma�( be eliminated by municipalities
after a reasonable amortization period. He stated the courts have found
that signs have been fully amortized after a period of three to four years.
He stated in this case, all nonconf diming signs have been amortized and
should cccnply with the sign plan.
Mr. Robertson stated Mr. Kim 0;11.1en was also contacted to discuss the status
of his nonconforming sign for, North Star Video. He stated Mr. Olsen felt he
has not been given enough gime to resubmit a new sign plan ever. though his
variance expired more a year ago. He stated staff is recommending Mr.
Olson bring his sign i�campliance by April 30, 1988.
Ms. Cbrolyn Olsen /stated her husband, Kim Olson, is out of town and wouldn't
be back for two She stated she isn't familiar with this situation as
/huees these issues.
llings stated he talked with Mr. Olsen and the message Mr.
e to Mr. Olsen is that he would be doing a facelift on the
nter and understood he had same bids. He felt Mr. Olsen may be
is feet, however, he is getting some mixed signals from DIr.
to what his plans are for the shopping center. He stated it
l sen doesn't want to put money into a new sign if he'll have to
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5.
FRI= CITY CaMCIL MEETING OF MRM 28, 1988
replace it shortly. Councilman Billings stated he understands the lease
expires in October and there is the possibility they may or may not renew
it. He stated he doesn't want to create an undue hardship on the Olsen's,
but this is a situation that has existed for quite a while and haA it' been
resolved a long time ago, the Olsen's would not have this problem. He
stated he is not sure of Mr. Gearman's plans as he is telling, the tenants
one thing and the Council another.
Councilman Billings asked if Mr. Gearman or his repres:,e
ta ive was present
and no one responded.
Councilman Billings stated part of the problem with North Star Video
sign is the Olsen's were told by the prior tenant that it was in compliance
and when they applied for a permit, it was found the sign wasn't in
compliance. He stated if Mr. Gearman is given until June 28 to comply,
perhaps Ms. Olsen should be allowed to keep up his sign until this time.
Mr. Herrick felt the City should confirm Mr. arman' s agreement to bring
the signs into compliance in accordance wit the approved sign plan in a
letter to Mx. Gearman and a copy to his t is so the tenants are advised
what the agreement is between the owner a the City.
M TION by Councilman Billings to :)le.�his item to April 18, 1988 for more
detailed information fromstaff rrng Mr. Gearman's plans for Moon Plaza
Shopping Center. Seconded by Counci Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the rp6tion carried unanimously.
Councilman Billings stated heoped this additional time would allow
everyone to interact regarding plans for this shopping center.
CONSIDERATION OF SETTING A "LIC HEARING ON APRIL 18, 1988 FOR A VACATION
OF SERVICE ROAD LOCATED Al 6257 HIGHWAY 65 N.E., BY SHOREWOOD PLAZA
PARTNERS:
M)`T'ION by Councilman
for April 18, 1988.
all voting aye, Mayor
6. 0ONSIDERATION OF A
THE SQUARE FOOTAC
ON THAT PART OF 1
ider to set the public hearing on this vacation
ded by Councilwoman Jorgenson. Upon a voice vote,
declared the motion carried unanimously.
jJARIANCE, VAR #87-41, PER SECTION 214.11.2.B TO INCREASE
OF A PYLON SIGN FROM 80 SQUARE FEET TO 224 SQUARE FEET,
VERNMENT LOTS 1 AND 2, BEING A PART OF THE SOUTHWEST
QUARTER OF SECT N 13, TON-NSHIP 30, RANGE 24, ANOKA COUNTY, MINNESOTA, THE
SAME BEING 6257 HIGHWAY 65 N.E., BY SHOREWOOD PLAZA PARTNERS:
Mr. Roberts Commlulity Development Director, stated the developer
cuu�ently i working on remodeling the existing shopping center which is
parte
Moore Lake Ccumons master plan. He stated in reviewing
past s granted for signs, there is no apparent consistency between
the siz of the sign and the size of the site. Mr. Robertson stated the
exist' g sign for this shopping center is 343 square feet and the developer
is pXbposing 224 square feet. He stated as part of the stipulations for
variance, the developer agrees to meet the code requirements for an 80
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