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SP78-10 ? ` �, � CITY OF FRIDLEY MINNESOTA � PLANNING AND ZONING FORM ;,�� NUMBER��'�O TYPE OF REQUEST APPLICANT'S SIGNATURE Rezoning Address 3 � � - g�AU �i�= � !-�iti� �_ Special Use Permit Telephone Number 7�(� / 3 � S Approval of Premin- Now�[ o.� wtA, inary � Final Plat PROPERTY OWNER'S SIGNATURE �' Streets or Alley Vacations . Address 30 � - Sj g—�(� r(/b:` L,�1�,v�.v� Other Telephone Number � / $�� '3 - • �'"''J Fe�.� Receipt No. �9�9 Street Location of Property ,� � � � �S� S ce e�� Legal Description of Property� �3 . �y.,� 5; ��P �x�rr� U �c�cti9rr-c,esrt ��1. Present Zoning Classification Existing Use of Property �� Acreage of Property �j Descri_be briefly the proposed zoni.ng classification ' � ! i or type of use and improvement proposed � Z�,b2_,� � :�D.5 /�^��i sc/ i . 1 Has the present applicant previously sought to rezone, plat, obtain a lot split or � variance or special use permit on the subject site or part of it? yes �o, i What was reQuested and when? � i The undersigned understands that: (a) a list o.f all residents and owners of property � within s00 feet (350 feet for rezoning) must be attached to this application. � (b) This application must be signed by all owners of the property, or an explanation given why this is not tlle case. (c) Responsibility for any defect in the proceedings f resulting from the failure to list the names and addresses of all residents and � property owners of property in queszion, belongs to the undersigned. � A sketch of proposed property and structure must be drawn and atta.ched, showing the ; fol.lowing: 1. North Direction. 2. Location of proposed structure on the lot. � 3. Dimensions of property, proposed structure, and front and side setbacks. � 4. Street Names. 5, Location and use of adjacent exis�ing buildings (within 300 feet) . : � ; � � The undersignec� hereby declares that all the facts and represeiitations stated in this ` application are true and correct. � _ -- f DATE '�- �� 7 �j' SIGNATURE ��.-, i � (APPLICANT) _ Date Filed ' Date of Hearing ♦ Planning Commission Approved City Council Approved � (dates) Denied (dates) Denied � PUBLIC HEARING BEFORE THE PLANNING COl�1MISSION Notice is hereby given that there will be a Pulbic Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, September 27, 1978 in the Council Chamber at 7:30 P.M, for the purpose of: Request for a Special Use Permit, SP #78-10 by Allan 6. Stahlberg, per Fridley City Code Section 205.157, 5d, to allo4a the construction of a new house in CPR-2 zoning (flood plain) , •on Lots 23, 24, 25 and 26, Block U, Riverview Heights, the same being 8053 Riverview Terrace N.E. � Any and a17 persons desiring to be heard shall be gi��e an opportunity at the above stated time and place. ;, RICHARD H. HARRIS � CHA I RMA�� PLANNING COMMISSION Publish: September 13, 1978 September 20, 1978 PLANNING COMMISSION September 13, 1978 City Council .,., � MAILING LIST �-�� SP #78-10 Allan Stahlberg Lots 23-26, Block U, Riverview Heights to allow construction in CPR-2 Zoning (flood plain) Allan B. Stahlberg John Badger 305 89th Avenue N.E. 651 Ely Street N.E. Blaine, Mn 55434 Fridley, Mn 55432 Mr. & Mrs. Evan Rengstorf Mr. & Mrs. Robert Werner 689 Fairmont Street N.E. 655 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Robert Sluss Pqr. & Mrs. Marvin Kalor 675 Fairmont Street N.E. 681 Ely Street N.E. Fr�dley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. David Johnson Martha E. Haugh Box 57 8101 Riverview Terrace N.E. Pierre South Dakota 57704 Fridley, Mn 55432 Roberta M. Spohn Mr. & Mrs. Richard Cook 6425 Beard Avenue North 690 Fairmont Street N.E. Apt. 8 Fridley, Mn 55432 Brooklyn Center, Mn 55429 Mr. & Mrs. Kim Wall 8065 Riverview Terrace N.E. � Fridley, Mn 554�2 Mr. & Mrs. Ryan Falk Robert Heltemes 688 Fairmont St. N.E. 11779 Norway Street Fridley, Mn 55432 Coon Rapids, Mn 55433 Mr. & Mrs. Timothy Hutchison Mr. & Mrs. Robert Johnson 8051 Riverview Terrace N.E. 680 Glencoe Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Dennis Prince Mr. & Mrs. Steve Adelmann 8031 Riverview Terrace N.E. 8080 Broad Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Robert J. Trebus Mr. & Mrs. Gilbert Felt 684 Ely Street N.E. Route #2, Box 727 Fridley, Mn 55432 Wyoming, Mn 55092 Mr. & Mrs. John Koczur Mr. & Mrs. Michael Malone 680 Ely Street N.E. 635 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. William Erickson 650 Ely Street N.E. Fridley, Mn 55432 � . � o tknvlre irin► n�vnun:enl . , , _ ,. ^ . ' '¢a� � 4 2 � i i br�ric�� abuwn Are eaeamcJ � G/'�� + . � ' ��r�,�� 17'.L'.�' �fl2��1�`d�'� ,� �.:.r.,� � , �CQ��t 1��r 30 � C.E..a�YlQ� �UI'VC�'01'� ' " . � . '��A/' f �� • C . .. � � . X'b��rt�r �uilriir��. �tnok�. �"�'�r:n�.��tr� �.�3Q3 : . . . .; . I � Cc�rtlt'lcr3te a1` Survt�� lap: Allan .SC�hlberg . � . � ,`.- ,• .� � � ti ' Lot:s 23 �� . � � . �. _ I � D�3scriptlon: , 24 25 �tid 26 Blocic U RIVERVIEW HEIGIiTS� Anok�.County, - ! ' riinnesota. . - _ , ;� �' St�bject to ease�ents of recard. .� ` �� . . . � fi �• . � _ � . ; .� - , • � . . . i �i '. L'er.c1-� Ma�k�� Top ut Hy�lrant, SoutheasC quadr.3nt �of Riverview Terrace and • ' � '� Fef.rtr�nt Stre�t;� Ele�ratfon; 825.05 � � i ;� H3gti Tda�:er: I'ram rr•_cords of City of Fridley, 822.90 . � •'''r�. . �. = .. �• . . � ' � I � ,,i� : ' ` ." /� • • . 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N ^� � .. _ f ��fi �eI � i A �t�� l�..Ll�.� '�'�� '�S.��:'' r>�'� ,�`.� I ,�1 "�. ` ° �, .•�., � . �� . . � n.,y S'}t, �a1.�J.�+1.1,1..� _.��.3lILS t ! Al3 � 1 :y� �s� � \ �•�1 i I I�I I�>�,�h,.��r.�'j3�� a ��v �f�nl'r�r N{ ' '� . . . � �, �� ; '•�i�i �, ', " � �� , '' r '�t�� ; � �� ,�� s ��,`; �,'t,':' �, � � �"""i.,�'.ti � � � ' . �i i'��i-' --- -- ..�.��.�:i� � i,�., ��.�� ii�� ti�,�. � � I��j.:.�.0�;- �1'� rv°'1 � �� + M.,"' � r � t !+� - - ._ ,�., - -7 f��. ,i ,,_, �..:fi� p •��'it .w"'' �, S 1� . y' � � . . " (, ..-- -- - - _ :...1�.e=..s�.-- . ...�.�. :% ��` ='',,�,_ �"�., ,,3,� '� i;,'"."...'�., ,» --- - �. ,, ,., � f .,� . s T,:;�, ,� N�wa�.n J . i. ��..� , � II �. � I. � f.t �-•-�al . . . � � . . .. � . I I O . � . I . .' . � . . . . , .. � ... f d��9 �: :'M,'; ..;.,. 'xKs �t370/t/d �0 .fl/,� . � . . �iN^+)� as t ).r.�h �/► /� /� . . . �. . � . - C M^rt� Y� r�C4+l �� •!"Y d�V� � NO •nI�� /• � . ' � . �+Ft M�n�l v+� n V'r.,7 . • . � . 1 l h`fM IPl M Ffd.�Y4! �� IYy� M� . . ' � � � - / � . . �fY�1.H1`)1 AIK.I�TrIC'J 1 4 S'NI ' � � � . . �� . _—_ r� , .I ' '' : 3 � ' , . /, . . (Official Publication� PUBLIC HEARING BEFORE THE YLANNING COMMISStON Notice is hereby given that there will be a Public Hearing of the Ylan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, September 27, 1978 in the Council Chamber at 7:30 P.M.for the purpose of: Request for a Special Use Yer- mit,SP#78-10 by Allan B.Stahl- berg,per Fridley City Code Sec- tion 205.157,5d,to allow the con- struction of a new house in CYR-2 zoning (flood plai�l, on Lots 23, 24,25 and 26,Block U,Riverview Heights, the same being 8053 Riverview Terrace N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H.HARRIS Chairman Planning Commission ISept.13&2Q 1978)—SB8 ----------- _____ ._.._.__._...-- -- ---- 1 , c \ . � \ J � \ \ �rr �� ;� � , , ��,�� C -��..2� e . � _„�� . .. � I��—z�-�G� ��..-�,-,.. ��Cz.,�,,�-c.:�-, �� --=-�a'�,,,c�, �2�✓ �� _ ' 7 f � • � � i ` '�' �''�� 7�'��% f - . • . . �.-�' ,/'`--��.`.(''-�' ,�, e.�-�,�' � =��-, , - �.� u:_ f c��% ..iz�s - '� . _ ��%��'-� �� :,��.:.�`�-��- ` :� • �. . % . . �; ��-- � . . . . � c�r.,.� � ��v��.� 7��z. . , NOTE: 10/28/80 — 4:50 p.m. • � .. Mr. Stahlberg stated that due to no fault of his own : � � (his place of employment went out of business) , he has �. � had to work on a lot of short term jobs. He now has a . _ . . permanent job, as far as he knows; but it will take a. - _ • . year for him to be employed continually before he can - � ' qualify for a bank loan to build the house. " � . , , . � • -��r�� . • " �-a.�-��' _ . . _ -- .__ _ __. __ . , _ . . � . _ _ . _ . _ . � �� - � . . . _ � _ _ : _ � . . , . . � - . . . , . . . . , . .: `, .� i; Allan B. Stahlberg, Special Use Permit SP #78-10, to allow construction of dwelling at 8053 Riverview Terrace N.E, in CPR-2 Zoning. August 30, 1978. Applicant applied for Special Use Permit September 27, 197�3. Planning Commission recommended approval to Council. Items brought out in meeting were; 1. House basement floor elevation is to be 2`3�" above flood level. 2. Di1R has no negative comments regarding development. 3. The elevation, a distance of 15 feet around the building, is well above the requirement of 2 feet above flood plain level. 4. No objections from adjoining property owners. 5. Should have no sewer or drainage problems. October 23, 197� Council approved request without any stipulations. September 10, 1979 • Ap�licant asked for an extension of the Special Use Permit until the spring of 1980. No reasons given. September 24, 1979 Council granted a 6 month extension. Applicant was not at the meeting to give reasons. March 13, 1980 Applicant asked for a second 6 month extension as he was having trouble obtaining financing for construction of dwelling. April 7, 1980 Council approval the second extension until October 7, 1980. September 19, 1980 Applicant is asking for a third extension - for a time period of one year. � �0/2� � g � � d 3 ��/,� . � . �V 2 j �� / �/ {'�r, QI(�`� � y � �/� � � �6 w►a e�Ct�� / G �o .�C�� 10 �'C•:� '� _ 2 3� f� �j � yz r �-X'� / � / g�.. y .��,.�.. �' S�.!E�J�:f:i .,.__ R�t�r��,, �� '�t�c,�.t�.v, f(�,,�' . � � r��:r.��a��ra;•�a €��fi��±i"� ,�'�.��.��"'��""� � E��—::�.�4�Q�.tf4.f �' ,�r.H�waeae�a•:a�+,.�.IYrM:oJ4�4it'�.'±�'a:Y4f��"M+�:L'€�Fi � �J? 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CITY OF' FRIDLLY � PLANIVING COMMISSION N�ETITdG - SI;PTFMI3ER 2 19 8 � � � r CALd� TO ORDFFt: Z � Chsirman Richard Iiarris called the Septe�eber 27, 1978� Plannin� Co�nission � b;eeting to order at 7:30 p.�. i I ROLL CALL: k i Memb�rs Pxesent: IJed Storla, LeRoy Oquist, Richard Harris, Pat Gt�bel, t James Lan�enfeld ; tdembers Absent: Robert Peterson, Virginia Schnabel � Others Present: � RAy Leek, Associate P lanner � � APPROVE PLATdNING COMPgISSION I�4TNLP1.'ES: SEPTEMBER_l3, 1978 ; 2dOTI0N by Mr. Oquist, s�cond�d by Mr. Langenfeld, to approve the September 27� 1978, Planning Cormniasion hiinntes. Chairman H�rris called for diacussion. � Mr. Storla stated that on pa�@ 3, 7'tF� paragraph, he stated t}�at th� Meals on Wheels woul.d be ou� of Unity, not the Congrega�te 1)ining Raom. �. Leek stated that on page �+, first paxagrsph, it state� that the Federal Govern�erit w�.ii subsidize. It should r�ed, the S�ate wi].1 subsidize. UPON A VOICE VO`ISE, ALL VOTTNG AYE= CHAIRAqAN HARRIS DECLkRED T� MOTIdN TO ; APPRO« TI� SEk'ri'F�3ER 13� 1978� PLANi�ING COMM:TSS�(7N MINUl'ES AS CO�RRECTED , CARR 1�D UNAN ITIOUSLY. � ' i %� 1. PUBLIC F�E/�RING: REQIJEST FOR A SPECIAL USE PERMIT SP �'j8-10 LLEN B. STAHLBEP,G: I:'er �ection 205.157, 5,D, to allow cons CPR-2 Zoning �lood pZain) on Lots 23, 2�+, 25, 13Ioc1t U, Rivcrvfe�r Hcights� thc same being 8053 Riverview Terrbce N.E. M4TION by Pdr. Langenfeld, seconded by Ms. Gabel, to open the puolic hes�r3ng for the S�ecial Use Permit at 8053 Riverview Terrace Pt.E. . U�'Ol� A VO�CE VO'I'F, ALL VOTING AYE� _CHAIRMAN HARRTS DECLARED �� PUBLIC HEARII�G_ OP�N AT 7:35 P .ri. Chairman HArris �s�:�d Mr. Leek to prescnt his in2'nzmation. Mr. Leck stt�ted that the Planning Staff has reviewed the S��cie]. Use Permit request and ther� �re three co�ditions that raust be met fc�r thc request to be considered f.or a�proval �nd t�ey are as follows; PI.AATI�ING COMMI8�70N MI�`�ING SEFTF;t�ER 2 1 8 PAGE 2 . � a. If the lot ie 2 feet below the 50 year flood plain level, the housE has to bc designed by � regiet�red enginecr. b. The D1�R must have no ncgat�.ve comments r�garding the development. e. 15 ieet ou a1.]. sides of the bu3.ldin� muot be sbove the flood plain ].e�vel. In reviewi.ng the pinns �ubmitted by Mr. �ahl.b�rg, we find that these conditions �►r� met. It has been submitted to DNR and they hav� not ca�m�nted ne�a'�ivel,y on it. In fact in designing the home, w� 4'ind that it is planned to be 2 feet abovc the requircment. Chairmsen Harris aaked the petitioner, Mr. Allen Stahlberg� ta step for�ard. Ms. Gabe�. �sked Mr. Leek to clarify what he mean� by 15 f�et. Mr. L�ek stated� tha� t,he fil�. a distance of ].5 fe�t around the buildin�; must be 2 feet abave flaod pl�in 1�veZ, and the el�vations which Mr. Stahll�erg shows on his plans are well ab ove that. Mr. Harris asked. �or copies of the building pl�ns. Mr. Harris as�ed Mr. Leel� iP the elevation of the top oP the Uasemsnt �loor is abave flood plain i�v�i. Mr. Leek said it ��as. - . Mr. Harris stat�d that the plans show it ta be 2 f�e� 3 1�2 inch�s� which is wel2 above the fl�al level. A4r. I�rris a�ked iY there wer� ar.�y sewe:r probler�s in that �rea. N�. Leek stated. �hat �he Pl�nn:tn� StafP h�� talked to the �ngineering Depart�ent, and c,he detai3s of Mr. Stahlbex�s Fl�,ns seem to handle any sewer probl�ms. The Engi�eering Departm�nt h�as no probl�m tirith this. I+�r. Hsrris stat�d tl�t he �aas concerned about the City's situ�tion� becaus� in the past they have had sc�me �roblems. Mr. Langen�'�id asked Mr. Leek if th�re would be ar�y problems with dra�.nage. Mr. Leek st�ted that, wi�th �his particular property, they dicl not anticipate any drainag� problems. Mr. Stehlberg had no questians or connnents. Mr. Harris asked that anyone in the audience interested in thia requ�st to step forward. Mr. Frank S�ahn addressed th� C�mmi.ssion �nl! stated t�at he was appearing for his dnughter �sho owns the 1ot acrass the street from Mr. St�hlberg. Mr. �ohn �tated that he was intereste�d. in P�frr. Stshlber�'s lvt becau�e his d€zughter's 1ot was vexy much the same and will. reQuire fill. Mr. S�ohn asked the Coaunission for su�gestions re�arding his daughter's lot. i -� r I'LANNTNG COMMISSZON 1+�TING, S�PTEIV43ER 27, 1,�78 - PAG� 3 Mr, HA2'Y'�II stated that if Mr. Spohn's daughter 3s pl,anning to build on the lot� he euggests that before she make any p7.�ns, she contact Stat'Y Member Daxre].1 C�.ark and he can �ive lzer all the particulars tk��t she must meet before she can 1�uild in this particular area, and she cou2d then proceed. Mr. Spohn thanked the Coal;ni��ion. MOTIOPI b,y Mr. Langenfeld, secondecl by P�Ir. Storla, to close the public hcarfng for a request for Special Use Permit� SP �7F3-10. __ _ _ . UPON A VflICE V(M.'E� ALL VOTING AYE� CHAIRMAN HARRIS DECLAFtID THE pUBL IC f�A1:ING CLOS�D AT 7:46 P .M. Mr. Harrie called �or discusBion. Mr. Lan�enfeld stated that he {elt � Mr. Stahlber� has taken �ll the necessary steps 'to make cert&in th�c� the thr�e conditions were met, and other stipulations made by the City. He pointed out that it should be �tresssd� as it has been in the pasi; �rnen Special Use Permits were granter.l in �his area� tY�at the burden caf r�ny problems lies with the developer, not the City. MOTIDN by b1r. Lsn�,enfeld� seconded by Mr. Oquist} �o recommend to City Council, approval of �ttie request for a Special Use P ermit, SP ��78-I0, by Allen B. Stahlberg, per Section 205� 157, 5, D, to a11ow construction in CP R-2 Zoning (flood plain) on Lots 23, 24, 25,�`I31ock U, Riveriview .Heights, the same being 8053 Riverview Terrace N.E . Upon a voice vote, alI voting aye, Chairman Harris declared the motion carried unanimously. � _ 'rir.-'riarris suggest�u ''�n�t riY": 'St�hlbeYg contact Dorothy-r:verison �to find out �ahen this __ will appear on the Council's ag�nda. - - Mr. Stahlberg thanked the Gommission. , 2. PtJBLIC IIEARING: RE�t1EST �'OR A SPECIAL USE YERMIT� SP ��8-17.� BY AM�O I�L COTY:PANY, A DTVISION OF ST�1nTll1�RD OIL C"OMPANY: Per Section 205.1J1� 3, E,H� to allow the operati�n of a service station with car F�ash facilities� on Lots 16, 17, 18 and 19� ��.o�k i3, Hamilton' s Addition to Mechanicsville� the same bein� 5311 Universii;y Avenue.� NE. ; MOTION by Mr. Oquist, seconded by Ms. G�bel� to open t�e �ublic heariiig for a arequest for Special Use Permit, SP �'78f11 by Amaco Oil Company. i UPON A VOICE VO'1�, ALL VOTING AYE, C�AIRI�IAN FiARRIS DECI,A�D TF� P UBL IC HEAR TNG OPEN AT 7:50 P .P�S. � Chairman Harris asked Mr. Leek to resent his information. � . .�.. � PLAIVNII�G COt�1MISSIQN MEFTITdG S�PTEMf3� 2 1978 P�1GE �+ � ' M.r. Leek atated that after reviewing this request, th� Sta�f woul.ci rccoannend e,ppxaval a� this Special LJ�� Permit with the atipulation tl�at if and when �chc east end oP the �r�operty�was completed and the a].ley was vacated, Amoca Oil Company makc final improv�ment� at that end of' the property. Mr. Leek strated tht�►t he would also lik� to point out �'or clarif•ica�ion ta the Coaanissiori and to the petitioner a few items Mr. Boaxdman hae dfscussed with them. Tk�ey are as follows: a. The building should b� surrounded by a 5 foot con�rete apron. b. On the n4rth end of the prAperty line, a�.lownnc�s must be mede for a 5 fo�t �rea of landscaping from �Lhe property line, ar.d there sk�ould be lsnciscaping erea at the no�hwestern corner of the property. Mr. L�ek pointed out that thc� area around the Y�uildin� can be either pour�d. concrete, or concre�te �rith wood chips, and th� landscape area to the north should b� aoaaea. Chairman HFzrr�.s asked that the r�presentative of the petitioner step fox��ard. Mr. Harlan MeGr�gor of the Amoco Oi1. Compa�y eame Porward. M�r. McGregor asked f.or clariPication oY �ihat Mr. L��k rri��,nt by final improvements 3f th� aLley �as vacatecl. N�x. L�ek stat�d th�i� they r�e�n curbin�' a� some sort or a �inal sep�rat�on f's°om the �d�acen� prop�rty by fe�c3.ng or o�ther me�.ns, Mr. 2•ScGre�or ast�ed if i�uras �nticip�ted ths,t dhis alleyw,ould be. v�cat�.d3;:�, Nlx'. I.�ek st�te� 'Gha�it was nat ant�.cip�,ted at �his time. P+�r. Le�k st�zt�d �hat t2ae tr�zsh p�;ck�up location wa� not detailed an th� �ite plan aiad would lil€e ti�rificat�ion% o�' where th� trash pick-up location �aould be and how they inte�deel,,tc� ,.�creen,`it. Mr. MeGxegOr stated that it .w�s presently on the _north side .of the buildin , and was board on board cedar.,, but would probahly b� relocated to the rear o� th` Uuild ir�g. � , Nir. L�ek gave the Commission copies oP the si�e pl�ns, for their review. MY'. Hapx'is �sk�d i� it ��,as correct that Ps*:oco had a facility there now. - � -_� I�. McGregor stat� that,;'t�t �was coxrect.___ Mr. McGregor ssked wby ^the five foot aprQn -w�s required around the back. Ms. Gr�b�i st:at�d i:hst%thi��,aas a zoning reauirzment. Mr. Harris stated that this �as required in order to protect the building, to keep a11. vehicular trAPf.ic away �x��n the buildi�. Mr�. Harris r�iterated that this was a part of the 7oning Ordinance. . � . �r� i_- _ _.__ __._ _ _ � � 265 RE�ULAR ME.ETING OF OCTQBER 23, 1478 PAGE 3 � I Mr. Sampson pointed out, if the building was not constructed, the restroom • facilities would be constructed near this location. He stated, in either i�' • . event, whether they do or do not construct a building, he sees a need • I for the sewer and water. I . � i Councilman Schneider felt eventually sewer and water would be needed and � i it would probably be more costly to do it at a future date. i MOTION by Councilman Schneider to authorize staff to enter into negotiations with the City of Coon Rapids to supply sewer and water service for the �� i Springbrook Nature Center. Seconded by Councilman Fitzpatrick. • I �. Mayor Nee explained this motion does not order the improvement, but authorizes staff to contact th? City of Coon Rapids regard'ing connections to their sewer � and water system. ' � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION; all voted aye, and Mayor Nee declared the motion carried unanimously. ; RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 27, 1978: I � ALLEN BE STAHLBERG, SP #78-10, 8053 RIVERVIEW TERRACE: , • V . Mr. Sobiech, Public Works Director, stated this is a request for a special ' use permit to allow construction of a single family dwelling in the flood plain area on the southeast quadrant of Riverview Terrace and Fairmont � Street. Mr. Sobiech stated basic requirements must be met for the request to be considered for approval. There must be no negative comments from the De- ' partment of Natural Resources; the structure must be constructed relative • to the flood plain so as to provide protection; and 15 feet on all sides I ' of the building must be above, the flood plain level. Mr. Sobiech stated, ' , as far as the City is concerned, all the requirements for the special use � ( ' permit have been satisfied. Mr. Sobiech stated the Planning Commission � I I did hold a public hearing on this request and have recommended approval. I � t Councilman Fitzpatrick questioned if this request covered Lots 23, 24, 25 and 26. He pointed out that the Council's information did not include Lot 26. Mr. Sobiech stated the original request did include all four lots, 23, 24, 25 and 26; therefore, he explained this must be a typing error as � the public hearing notice included all the lots. MOTION by Councilman Fitzpatrick to concur with the recommendation of the I Planning Commission and grant SP #78-10. Seconded by Councilman Hamernik. I Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. j AMOCO OIL COMPANY, SP #78-11, 5311 UNIVERSITY AVENUE N.E.: iMr. Sobiech, Public Works Director, stated this is a request for a special i use permit to allow construction of a car wash addition to an existing i service station at 53rd and University Avenues. ' Mr. Sobiech stated the Planning Commission held a public hearing on this i request and recommended approval with certain stipulations, as noted on � . Page 2E of the agenda book. Mr. Sobiech stated the alley that presently exists to the east of this property is now unimproved . He stated one of the stipulations recommended by the Planning Commission was, in the event the alley was improved, that the;'pet�tioner.agree to pay their fair share of the improvement or, if the a ley was vacated in the future, to provide the proper setbacks. Mr. Sobi�h then reviewed the other stipulations recomnended by the Planning C�mm ssion. He pointed out some landscaping improvements have been made bn the south and west sides of the property � and suggested another stipulation be added to cover maintenance of the � i � I ' . I , _--------------- ---------- ------------------ +�+,r � . i � z�s I . I REC3ULAR MEETING OF OCT06ER 23, 147f3 PA6E 4 ' I - landscaping. i - Councilman Fitzpatrick felt there should be screening to the east, regard- ' • ; less of the hours of operation. He n�ted the petitioner for the special � ' use permit is Standard Oil , but the hours of operation would d�penc� 'on the i lessee. He stated he was concerned because 1:his property abuts a residential j area to the east and is not sure at this point, what the procedure would ; be for discussing the hours of operation. ' Mr. McGregor, representing Standard Oil Company, stated they agreed, if � � the hours of operatiun on the car vrash extended past 10 p.m., they would I � put up a fence. He pointed_ out, sirce the Minnesota franchise Law has come into effect, they can't exercise the control over the :fiours of operation. � i � Mr. Herrick, C�ity Attorney, stated, if the Council appro��es the special � ' use permit it could he contingent on certain hours of o�erati_on and o-;ould i apply to the lessee. He stated, in this vray, the City would exercise control � ; over the hours of operation. � � Councilman Fitzpatrick felt the 6 a.m. opening was tioo early and should I be later. I % i � MOTION by Councilman Fitzpatrick to concur with the recommendation of the � � Planning Commission and grant SP �178-11, with tYie following stipulations: � J, j l. In the event the alley is vacated, oN im�roved, final improvements i be made. ` � 2. The building be surrounded by a 5 foot concrete apron. I i 3. On the nerth end, a 5 foot allowarce for landscaping from the i � property line, and in the nortnw�-stern corner of the lot there ' should be sod. , � � 4. The car wash is not to be conducted between the hours of 10 p.m. ; � and 7 a.m. � 5. Screening will be provided along the back or east side of the oroperty. ! � � � � 6. There shall be continued maintenance of the existing and a.ny j additional 7a.n�iscaping. j � ; , Seconded by Councilman �arnette. L'pon a voir.e vote, all votino aye, Mayor � ' Nee declar�:d the mot�ion carried unaniri7ously. � REVIEW OF SI6N ORDINAPJCE (FFtEE STANDING SIGNS): I — Mr. Dick Harris, Chairman of the Planning C�mmission, appeared before the ' Council regarding clarification of t'r�e Council's wist�es on review of fr�ee standing signs. � � � ; Councilman Schneider stated it was not his intent i;o have the Planning � Com^;ission revievd the entire'' Sign Ordinance. He pointed out there have � been a number �f variance requests for free standing signs and he felt tPie � �I Con�unission should take a look at this area possibly to consider some forrula � ! based on the size of the 4uilding and setback froni the main thoroughfare. I � Councilman Schneider stated he had no particular formula in mind, but there � �� might be some reasonable 4•�ay of determ�ining the size of a sign by com- i � parisun with the size o,� th� building and distance from the major thorou9h- � fare. i � � Mr. Harris felt possibly they might consider a similar type of formula ! � they have for wall signs, but still keep the variance procedure. i ' Councilman Hamernikipointed out the City has had people saying certain signs � � are standard signsJused in other areas and yet they didn't meet the City �� C.ode. . Mr. Jim Stafford f Signcrafters Signs stated he felt Fridley is probably I � . I i � � . � � I ; ; -----_ ___ ___---__--__ - ,--.. _ ----_. ___- - --------- -- _ _ ._ ---_ . _,...__ __----- -- __- _ _ �_ _� — - '?`l i � , REGULAR ��1EETING OF SEPTEMBFR 24, 1979 PAGE 10 ' MOTION by Councilman �chneider to receive the minutes of the Planning �, Con�n�ission Meeting of September 12, 1979. Seconded by Councilman ! Barnette. Councilman Schneider questioned if a moratorium could be I � placed on conversions of condominiums, untii the Counci1 decides how �, they wish to proceed in this area. Mr. lierrick stated he would do soine , I research on whether Chey could adopt a moratorium or an ordinance to ' regulate this or set conditions under which it coul¢,be done. � UPON A VOICE VOT[ 7AKEN ON TfIE A60VE h10TI0f�, all oted aye, and Mayoe Nee ' , declared the motion carried unanimously. � � RECEIVING TH[ CHARTER CO��MISSION MINUTES OE M 1 , 1979: � � MOTTON by Councilinan Schneider to receive t Charter Commission Minutes of May l, 1979. Seconded by Councilwoman t�ioses. Upon a voice vote, all � voting aye, Mayor Nee declared tfie motion carried unanimously. ,' i ` CONSIDERATIOPJ OF A LETT_ F REQUE OR EXTENSION OF iIME ON SPECIFlL USE ' PERMIT ISSUED A YEAR '0, SP n7�-10, 0 ALLOId CO��STRU Cf10Pl OF NEW HOME IN CPR-`L ZONING, BY A LAfd 3. S G BC53 RIVFRVI[N TERR,4CE� ', ; --- � � Mr. Qureshi , City Manager, stated a letter was received from M•r. Stahlberg � requesting this extension of his special use permit until the spring of 1980. � , I � Mr. Stahlberg v�as not present at tlie rneeting and Mr. Qureshi stated he ' � would recomn�end a six months extension ard, if Mr. Stahlberg hasn't li proceeded H�ith his plans by this time, would ask him to come back before I the Council. i MOT:ON by Councilman Fitzpatrick to allow a six months extension of time j on Special Use Permit SP ,E78-10 for Al1an �. Stahlberg. Seconded by Councilwoman P-1oses. Upon a voice vote, all voting aye, Mayor Nee declared ; the motion carried unanimously. ', ' CONSIDERATIOfV OF COMPRffIENSIVE DEVEL.OPMFNT PL�N AND SETTING PU6LIC HEARING FOR OCT(1QER 15, 1919: MOTION by Councilwoman P1oses to set tne public hearing for October 15, 1975 S�n the Comprehensive Development Plan. Secorided l,y Councilman Fitzpatrick. ' . Upon a voice vote, all voting aye, Mayor Nee declared the mo�Gion carried ' unanimously. CONSIDERATlON OF CITY OF FRIDLEY BEC0��1If�G A MEMBER OF THE NORTH MA�AGFP�[NT � COMhiITTEE: ^ � — I ' Mr. Qureshi , City franager, stated a staff inember is attending the I�orthtown ; Corridor Management Task Force meetings and they will keep the Counc�il � informed as to what is happening at;'i:he meetings. � ' i MOTION by Co�mcilwoman Pioses to raceive the memo from Jerry Boardman to i the City Manayer, Nr. Qureshi, dated September 20, 1979 regarding his i , attendance at the Northtown Corry`idor Ptanagement Task Force Me�tinys. Seconded by Councilman Fitzpatr�ick. Upor a voice vote, all voting aye, � Playor Nee declared the ir�otion�arrietl unanimously. i j REAPPLICATION OF REVISED PAC(� INDUSTRIAL PLAT GUE TO SURVEYOR'S MISTAKE: ' MOTION by Councilwo7ian P1os�s to approve the revised Paco Industrial Plat ! ; due to the surveyor's mis�'ake and authorize the Mayor and City Manager to sign same. Seconded by G'ouncilman Schneider. Lpon a voice vote, all voting ' aye, P1ayor Nee declared,�the motion carried unanimously. i CONSIDERAT10h OF �1�� IND[hifdITY AGREEMf_NT blITH THE CITY OF � MINNEAPUL?S REGARt�ING ADVANCED DRIVERS TRAINING CGURSE: � P10TION by Councilinan Fitzpatrick to approve the indemnity � agre�merit with tfie City of �linneapolis regardiny advanced � drivers training cour�e. S�conded by Councilman Schneider. ; � Upon a voice vote, all voting aye, hiayor Nee declared 1:he motion carric�d unarimously. , ' � I ( l _ -- — J �� REGULAR NE[TING OF SEPTEMQER 24, 1979 PAGE 9 I think the citizens should be put off when they haven't made the effiort � i to contact anyone to let them know they wouldn't be at the meeting. She , stated just because there weren't many �eople present to voice their ' objections, they shouldri't take this as meaning they were in favoi�. She stated it has di-agqed on and people were getting t��ea��y of attending all ' i the meetings. Mr. Herrick stated, on special use permits, there is some ' burden on the Council to show reasons ��rhy they should be denied. He , stated excerpts were sent to the Council of a Minnesota Supreme Court ruling that ove;turned a Council's decision on the th�ory that the Council ' had noi: been consistent in the conununity. He stated he is nei�vous about i denying a perinit where the applicant is not present to state his case, � even though that a.pplicant knew about i:he meeting. He statetl the pe�ple present here this evening, arho object to the special use pe nnit, could ! be hea��d and their statements made a part of the record. ', � Mr.. John Dunphy, 155 Stonybrook Way, stated ib'was his observation that Tom Tliumb was interested in the property as �'special feature, if the special use permit vias allo��ed. Ne undei�st44d that 40-50% of the revenue � that was taken in would be in gas sales. Fye mentioned that the location would have a 25 foot entry�vay which is clo'se to Stonybrook. He stated the neighhorhood is almost totally oppose,fi to this business at this location. He felt there was a traffic zard involved with the vehicles and children crossing the road, and a estion of whether it is a neec�ed service in the urea. MOTION by Co�;ncilman �arnette to tab e this item to the nexi: meeting. Seconded by Councilwoman P1oses. Up n a voice vote, all voting aye, Mayor Nee .declared the motion cai�ri:cd_un iniously. � " � EAST RIVER ROAD COP`'PIITIEE: / I Mary ��lartin, 133 Stoneybrook 4Ja , t;rought up the possibility of an East '� River Road Co,m,�i7ittee. She stat�d there usc.d to be such a Commii;t�_e which ' is now defunct and felt such a committee t,�ould dc a lot of good, if just keeping the people inforied. Sh� didn'1: feel the acticn the Co�mc�l ' took regarding Last River Ro was the only way and felt there had to be other alternatives. Mayor N .e indicated he could see no objections ��rith such a committee. i ' RECESS: � A recess was called at 11,105 P.M. by Mayor Nee. / RECCNVENED: i Mayor Nee ��•econvened tty� meeting at 11:13 P.M. All Councilmembers were present. i (Plann�ng Commission 1inutes Continued) � i CONSIDERATIO^d 0 VACFlTION REQ!IEST, SAU �79-04 LY P.LLAN M JONNSON OF JIM hIII.L[R EAL ESTAIF 7751 EAST RIVER ROAD : __— ---�---...-------) � MOTION by Councilin n Shcneider to set the public hearing for October 15, ! 1979. Seconded b C.ouncilman �itzpatrir_k. Upon a voice vote, all voting iaye, Mayor Nee de lared the moiion carried unanimously. �1PPEA.LS COM•1ISSION MINUTES OF AUGU�T 2II, 1979: � � CONSIDFR.AT ilN OF A REQUEST FOR VAf2IAP!CES 10 REUUCE f�iINI��1UM LOT � � AREI�, ArjD 0 REDUC[ R[QUIRE_�1F�1T OF 20 FFET BETt4�EEP� LIVING ARFAS ON � 60 F00�1 L TS TO �1LLOlti' COfd�TRUCTI0�1 OF TWO DWEi_LIf�GS IN CPR-2 � � ZONIPJG, (Y' EXC;�t_I[4UR HOi�1ES, INr. 8175 & 8133 RIVERVIEW TFRRACF : , — ---------- — — — f�Ul�ION by Councilman Fitzpatrick to concur v�ith the recommendation of the I Appeals Commission and deny the variances. Secon�led by Councilman Schneider. l Upon a voice vote, all votiny aye, f�tayor I�ee declared the motion carried ; unanimously. ' i I � � � i I , � � _ . __ _-- - -. _ . _ _.___ __ , r..'_._._'-'----'" .---'--.. . .. . _ . _ .__ _ — _ .__ . ____l i' IQ$ � . � � REGULAR MEETING OF APRIL 7, 1980 PAGE 2 ; ' Councilman Schneider stated he would further check into thc matter to try I and resolve the problems. i Mr. Wayne Pfuhl, 1541 Camelot Lane, appeared before the Council regarding � the position of Deputy Public Safety Director in the Police Department. i � � He stated the matter of the need for this position has been discussed at ; � great lengths in the Police Department, and there is a concern whether j . this position is needed. He pointed out the duties of the position would ' be similar to those now perfo•rmed by the Public Safety Director and � Lieutenant, and if the position is filled, there would be one supervisory i i � or management personnel for Pvery nine police officers. � I � Mr. Pfuhl presented a petition containinq over 600 signatures in opposition � i to this position and requested the Council take a hard look regarding th2 i ; need. He stated, as taxpayers of the City, they feel the position is un- � ! justified and an unnecessary expenditure. I I � Mayor Nee stated the Council would certainly take a look at it, but indicated � he would like to contact some of the persons who signed the petition regard- ing their feelings and comments, � � It was requested that staff forward a copy of the petition to all Council ; I members. . � � � � i MOTION by Councilman Schne,ider to receive the petition in opposition to the � positi�n of Deputy Pub1iG'Safety Director. Seconded by Councilv�oman Moses. � Upon a voice vote, all �bting aye, P1ayor Nee declared the motion carried � unanimously. % � � NEW BUSIPJESS: Tl� ON OF REQUEST FOR SFCOND EXTENSIOP! OF TIME FOR SPECIPL USF PERMIT, ' � SP '�18-10 OR CO�STRUCTION OF NEW NOi�1E IN FLOOD PLAIN, CRP-2, °053 F;I��FRVIEW � :TER , ALLEN B. STAHLGERG ' ' " I �CITY COUNCI� APPROVED FIR�T 6-i3O�JTH EXTENSIOP! � 24/79 : i Mr. Qureshi, City P1anager, stated this extension is requested by Mr. Stahlberg, as he is apparently having difficulty in obtaining financing for construction , of this home. MOTION by Council,man Fitzpatrick to approve another six month extension of , time for Special Use Permit, SP #78-10 for Allen B. Stahlberg. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. j � CONSIDERATION OF REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE TO ALLOW � CONSTRUCTION OF A flOUSE aT a80Q - 3RD STRFET N. E. , BY GORDON HEDLUND, � , 1255 PIKE LAKE DRIVE, �Ebl fsRIGHTGN, MIN^lE:�OTA 55112: Mayor Pdee stated these variances have been the suoject of a corisiderable amount of deliberations and public hearings. He stated a draft of the ' findings of fact and conclusions of law and order �s now before the Council ' for consideration. He stated the sense of these firdings is to dery the I variances and the question is whether or not the findings reflect the � Council's views. i � Councilwoman Moses stated, after hearing both sides, she felt this finding does represent her vieHlpoint, She stated the ordinance has been in effect for well over 2.5 years and would support the findings of the City Attorney. , I hir. Herrick, City Attorney, stated the finding is in a draft or outline � form. Therefore, he vro�ld like an indication fram the Council as to vihether i the cc,nclusions and findings oF fact are cons�stert with ��hat they ��ould want i in a final document. He stat�d, if this is the case, the references in the I draft. copy would be inserted and brought back tn the Council for approval ' at the next meeting. ' I � � � � , � i � , ! � I`- --- ___ -- ...---__ ___ _._._ _ _ ___�_____ .__._ - , --._.___----__---- —--- -- --_._----- ----------- ____.. _ ! . - ; . lt�`� ' . i � � ; I THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL � OF APRIL 7, 1980 I i —� i i The Regular Neeting of the Fridley City Council was called to order at ! i 7:30 p.m. by Mayor Nee. � � � PLEDGE UF ALLEGIANCE: I ' Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � ROLL CALL: I i iMEMBERS PRESENT: Mayor Nee, Councilmar� Qarnette, Councilman Schneider, � � Councilwoman Moses and Councilman Fitzpatrick � � ; MEMBERS ABSENT: None � I � . PRESENTATION OF AWARDS: , — --- I CERTIFICATES OF APPP,ECIATIGN - �OMMISSIONS: j A certificate of appreciation was presented to the following persons who had served the community as a member of one of the City Commissions. � Marlyis Carpenter, Human Resources Commission � Connie Metcalf, Environmental Quality Commission i � Qetty Mech, Parks and Recreation Commission � ! Carolyn Blanding, Czble Television Commission i i iMayor Nee stated, as a member of a volunteer commission, these persons served � without comnensation and contributed a great deal of time and effort towards the betterment of the comnunity. l I ! Mayor Nee and the Council members extended their thanks and appreciation to � these persons for their service on the commissions. i , ; � I APPROVAL OF MINUTES: � � ` REGULAR MEETING, MARCH 17, 1980: i ' MOTION by Councilrian Schneider to approve the minutes as presented. Seconded by Councilman Bai•nette. Upon a voi�e vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� i � ADOPTION OF AG[�dDFt: I, � V , The following items were added: "Receiving a Petition of Thanks to the Park ' and Recreation Department" and "Consideration of a Resolution of Commendation for Senator Schaaf in Regard to the Springbrook Nature Center". i � i MOTION by Councilman Fitzpatrick to adoot the agenda with the abo��e two addi- � • i tions. Seconded by Councilman Schneid�r. Upon a voice vote, all voting aye, � P1ayor Nee declared the motion carried unanimously. i � OPEN FOP,UM, VISITORS: 1 Mr. Jim KWbiatorwicz, 1630 Rice Creek Road, appeared before the Council re- i gardiny his concern about the appearance of some of the residences in his i ! neighborYiood. Mr. Kubiatorwicz stated some of these homes have a number of � vehicle5, tires, and sheets of plywood in the yards and wznted to know ifi ' � - something could be dcne to improve the situation. � ; Counr.ilr�an Schneider stated he has talked with Mr. Kubiatorwicz regarding ' i this matter and some homes im�nediately across the street from Mr. Kubiatorwicz � have excessive amounts of lu�r:ber, tires and a number of automobiies. He � further stated the home to the East is boarded up and they have some un- � licensecl vehicles on the property. He felt some of these things could be ital;en care of under the existing City ordinanc2s. ' i I � � i ( , J ' I i � _ . _ gp �> ��s� PUBLIC hIEARING PIEETING OF PdOV[M6ER 10, 1930 PAGE 9 RC_QUEST FOR TFIIRD EXTEi�SIOP� OF TIf�tE FOR SPECIF;L USE PERP1IT, SP ;!73-10 FOR COWSTRCCTICiJ OF Pl�W HOt•tE IiJ FL000 PLAIi1, CRP-2�£3053 RIVERVIE4�J. TERRACE, ALLEN L'. STAHLEERG COUPdCIL APPRO'JED EXTEiJSIO."t No. 1 ON SEPTEP1f3ER 24, 1979, EXTENSION fdo. 2 0^! APkIL 7, 19£30 : Mr. Flc�ra, Public Works Director, stated a sp�cial use permit ��ias originally granteu to Mr. Stahlberg in September, 1978 witf� several requests for extension to the sprir.g of 1980 and then to September 1�80. He stated the City again receiv��d another request, in September 1980 , for extension of the special use permit. He stated the basic reason for delay in construction has been the inabil�ity of Pir. Stahlberg to obtain financing. Mr. Flora felt, if this request is to be granted, P1r. Stahlberg woutd prot;ably need at least 18 months in ordc�r to obtain financing since he has a new job, but must be employed contin.ially for a year in order to qualify for a loan. Mr. Fl��ra indicated he had no problems with the proposed construction, but felt t��is should probably be the last extension granted, and if they have another request, the special use permit sheuld again be reviewed. - MOTION by Councilman Fitzpatrick to grant an extension of the special use ' permit. SP n78-10 to Allen Stahlberg until May, 1982. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Ma��or fJee declared the motion carried unanimrusly. I' CtINSIDFRATION Of ENTERING INTO COOPEf;ATIVE °i�::CHASING AGREEMEPJT WITH APdOKA COU"dTY: --�--- -— Mr. reshi, City Manager, requested the �ouncil consider entering into a cooper� ive purchasing agreeinent o-�ith Anoka C�unty. Mr. Qureshi pointed out ; health in urance costs would be substantially lower with Anoka County, rather than H�nnep' County. However, Blue-Cross/Bl�a Shield would not be available> therefore, so emplovees who have this covPrage may be unhappy. He stated , currentiy there �t�out 29 employees who tave this coverage. Counci'man Schneider. stated he can see the benefit, as far as cost goes, but i could see� an employee�-5 point who had a doctor with Blue-Cross/Glue Shield � and didn't want to chan�. He indicated he did have a concern if that option wasn't available. * , �� Mr. (ureshi stated the possibi�ities of obtaining fee for service coverage , such a: Blue-Cross/alue Shield �through Anoka County, haven't really been , fully explored and this could be done, however, the coverage may not be , available. Mr. Qureshi pointed out the City will have to notify Anoka County by this ' Idednesday, if they ��rant to be part of the'plan. � MOTIOW by Councilwoman htoses to approve th� Cooperative Purchasing Agreement with Anoka County. Seconded by Councilman Sch,�eider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. RESOLUTION fd0. ll5-1980 TO ADV[RTISE FOR BIDS FCR 19II1 IIJDUSTRIAL TYPE TRACTOR: MOTION by Councilman Fitzpatrick to adopt Resolution No. 115-1980. Seconded by Counci�mar, Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RESOLt,TION N0. 116-1980 TO ADVERTISE FOR BIDS FOR ANIMAL CONTROL: MOTIOiJ by Councilman Schneider to adopt Resoution t�o. 116-19II0. Seconded by Councilman Bar-nette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ��.� THE PUQLIC HEARING MEETING OF NOVEM6Ek 10, 1980 PAGE 10 RESOLUTION N0. 1ll-1980 OF SPONSORSHIP TO MINNESOTA CRIME CONTROL PLANNING BOARD FOR FRIDI.EY CRIhSE PREVENTION PROJECT: h10TIUN by Councilman Schneider to adopt Resolution No. 117-1980. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIOM fJO. 118-1980 OBJECTING TO THE PROPOSED AMEfdDME�dT TO THE RULES AND REGULATION OF THE RICE CREEK WATERSHED DISTRIrT: . Mr. Flora, Pub�ic Works Director, stated last week he became informed that the Rice Cree{, �watershed District had sent out proposed amendments to their rules and regulations, however, the City didn't receive a copy. He pointed out the problem with the proposed changes in the rules and regulations is the question on how it is going to be implemented. Mr. Flora felt enactment of these amendments should be delayed until they have an opportunity to meet with the Watershed District, as the broad approach could establish a police type of power. I•Ir. Herrick, City Attorney, stated he didn't think the Watershed District ��ould take away the authority of the municipality. He stated, if they have a � zoning scheme of their own, a developer probably Hrould have to get approval from both the City and the Watershed District. He felt, however, the City should have some input. i` . r�1r. Flora stated there was a meeting�nf all Public Works Directors in the I Watershed District and it was their feeJing, this approach should be taken. j MOTION by Councilwoman Moses to adopt P.esolution No. 118-1980. Seconded �•,• I Councilman Schneider. Upon a voice v�t�, a]1 voting aye, Mayor Nee declared the motion carried unanimously. ' COMMENT TO ATTORNEY GFNERAL RE: BOISE-CP,SCADE - ONAN LITIGATION: Mr. Nerrick, City Attorney, stated he didn't feel 'the City should be a part � in .the lawsuit. He stated he would write the Attorney General's Office saying the City will cooperate with them in attempting to resolve the problen and be available for help in mediating the problem. I Mr. Herrick stated, at the last Pollution Control Agency meeting, it was determined action should be brought against both parties, Boise-Cascade and Onan, and let the court decide who was responsible. He stated the PCA indicated action would not start for 15 day� and, if the two companies wanted to get together and wcrk out a solution they could do so, and if not, they 'i would then proceed with the action. It was the concensus of the Council that the City Attorney advise the Attorney General's Office of the City's position to not become a part of the lawsuit. CLAIhiS: MOTION by Councilwoinan Moses to authorize payment of Claims No. 290648 through 312505. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, htayor Nee declared the motion carried unanimously. -- -- ! 63 COUNCIL MEETING OF MARCH 22, 1982 PAGE 11 Mr. Flora, PUblic Works Director, stated this is a request for a lot split for property just North of Mississippi at the intersection of Mississippi Street and Oak9ey Street. He stated the request is to split off the back portion of the existing lot to produce two lots. He stated staff has reviewed this lot split and has no problems, however, a bikeway/walkway easement should be required along Mississippi Street. � Mr. Flora stated this item was reviewed by the Planning Corrmission and they recommended approval subject to the lot split being conditioned upon the application for rear yard variances and that the City retain a ten foot bikeway/walkway easement on Mississippi Street. Mr. Flora stated at the March 16 Appeals Cortunission meeting, the request for the rear yard variances was made and granted, therefore, the applicant has completed the stipulation regarding the variances. � MOTION by Councilman Hamernik to concur with the Planning Commission recommendation and grant Lot Split �82-02 subject to the granting of the rear yard variances; the City retain a ten foot bikeway/walkwa�y � easement on Mississippi Street; and the removal of the existing garage , on the lot line. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. � B CONSIDERFTIG;v OF LOT SPLIT REQUEST, L. S. �82-03, TO COMBINE INTO THREE LOTS 110 AND 120 - 64%2 AVENUE AND 6430 EAST RIVER RDAD, DONNA MILLER• Nr. flora, Public Works Director, stated the property in question is located to the West of East River Road at64�1•:ay. He stated.there are two existing lots, one facing 64� and another lot to the rear. D1r. flora stated the petitioner is requesting splitting the two lots into three lots. Mr. Flora stated the Planning Corrrnission has recommended approval of �. this lot split with the provision that the property owner check on the easement for the 75 ft. by 28.58 ft. portion on the East side of the property extending into East River Road and dedicate such easement to the County, if this has not already been done. Mr. Flora stated, in checking with Anoka County, they have the right-of-way for that portion. Mr. Qureshi, City Planger, requested the item be tabled since at one time there was a proposal-for an access through this parcel , and he wanted this checked into further. MOTION by Councilman Fitzpatrick to table this item to April 5, 1982 Seconded by Councilman Schenider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS• A recess was ca'lled by Playor Nee at 11:30 p. m. RECONVENED: Ptayor Nee reconvened the meeting at 11:45 p. m. All Council members were present. � � g C CONSIDERATION OF EXTEPlSION OF SPECIAL USE PE , SP �`78-10 B ALLEPJ � STAHLBERG• Mr. Flora, Public Works Director, stated Mr. Stahlberg received a special use pe rniit in 1978 for construction of a single family home in the flood plain and since that time, he fias had three extensions. He stated the Council, at the last extension, stipulated if there were any further extensions. Mr. Stahlberg would have to reapply for a new special use permit. • � ' ' - ?n� 69 � COU��CIL MEETING OF MARCH 22, 1982 PAGE 12 Mr. Flora stated Mr. Stahlberg has submitted a letter dated March 8, 1982 indicating wFly he has applied for these extensions and not that he has wanted to� but it has been a matter of economics. Mr. Flora stated the Planning Comnission felt that since nothing has materially changed on this request and if he was required to go through the special use permit process again, there would be another fee, they have recommended extension of the special use permit for a oneyear period. MOTION by Councilman Fitzpatrick to concur with the recomnendation of the Planning Commission and grant an extension of Special Use Permit #7E-10 for a one year period due to the reasons outlined by the Canmis- ion and, specifically, because nothing has changed to warrant an in-depth review of ihe situation. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. 9 RECEIVING BIDS AND AWARDING CONTRACT FOR ONE TON DUMP TRUCK (OPE��ED 3/22/82): Mr. Flora, Public Works Director, stated the Parks and Recreation Department went out for sealed bids to replace a 1976 one ton Chevrolet truck, and recommend the low bid from Superior Ford be accepted in the amount of $11,168. MOTION by Councilman Schneider to receive the bids for a 1982 one ton ' truck, with dump body. ETHRIDGE LAKELAND BOYER FORD TRUCKS PONTIAC G�1C FORD TRUCK SUPERIOR FORD BRAND NAME OF TRUCK ford f350 GMC TC31003 Ford F350 Ford F350 � TOTAL COST �12,670.00 $11,991.00 $13,100.00 $11,718.00 (w/standard engine) ($12,120 w/rebate) (�y11,168 ►,�ith $550 rebate) TOTAL COST (w/diesel engine) no bid 1�,279.60 no bid no bid DUMP BODY MODEL Garwood 6L13 % Lat,ass option: Truck % Outfi tters $274.00�%� BID BOND 5% St. Paul Fire ' S% 5� Liberty 5% Fireman's Fund ; DELIVERY DATE 90-120 days 6-8 weeks 45 days 60 days rebate of �550 if ordered by 4/1/82 5econded by Councilman Fitzpa�rick. Upon a voice vote, all voting aye, ' htayor Nee declared the motio ' carried unanimously. MOTION by Councilman Schneider to award the bid for a 1982 one ton truck, with dump body, to Superio� Ford, the low bidder, in the amount of $11,168. Seconded by Councilman Fit�zpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo��Eion carried unanimously. � � CONSIDERATIUN OF AP� ORD ANCE AMENDING CHAPTER 1, SECTIONS 1.02 AND 1.03 OF THE FRIDLEY CITY CO Ef�TITLED"LEGISLATIVE BODY"RELATIPJG TO WARD AND I� PRECINCT BOUNDARIES M�I HIN THE CITY: , � h10TI0N by Councilman Schnieder to waive the reading and approve the ordinance upon firs reading, of the Alternate II ordinance. Seconded ' by Councilman Fitzp trick. MOTION by Council an Schneider to make the following amendments in the ; above ordinance: ection H, third line from the bottom: change "East" to "West"; secon line fran the bottom, change "East" to "West"; Section I, sixth line from the top, change "North" ta "South"; Section L, seventh line from the b ttan, change "West" to "East". _. __ - - — ---- — { �ytM f �E? . �.x"�� . ��`��s ' '.r.i.i,? r'�i� �+',,?�'^s� „ x �. : � CITY OF FRIDLEY � �� h�� 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 .�� TELEPHONE ( 612)571 -3450 CITY COUNCIL March 24, 1982 : ACTIO�� TAKEN NOTICE 9 _ Allan B. Stahlberg 305 89th Avenue N.E. Blaine, Mn 55432 Dear Mr. Stahlberg: � • On March 22, 1982 , the Fridley City Council officially uoproveci yaur request for extension of SP #78-10: for 8053 Rjverv.ie�Ierrace N.E. µ�i'th-th�-�tTp�fiat�cns-i�a�ed-t�e�o��: for one year. for the reasons listed below: 1. Requiring Mr. Stahberg to go through the process again would result in his having to spend another $200. 2. It would require the expenditure of additional staff time above and beyond what has already been expended. 3. It is felt that the $200 would probably not cover that additional time costs and it costs money to process the payment. 4. Nothing has apparently changes to warrant an in-depth re-review of the of the situation. 5. Delays have been beyond P�r. Stahlberg's control due to job lay-off and the poor housing market. If you have an.Y qu�stions regarding the above actio��, please call the . Cor�n�;nity Develop��eni Office at 571-3450. 'ncer ly, �— '. � -RR�LD L. .10.4RGi� N JLB/de City Planner Please reviet�l the noted stipulations, sign the s�a�emen-� below, and return one copy to the City of Fridley. Ccncur tidi�;h arti��n ial�eri. - -- - — , . 1�,._.. . ..:� f�� --• ;�`_�. .y...,,.:.�`�� .� -:7�' � ,;�� 8431 UNIVERSITY AVENUE N.E., FFiIDLEY, MINNESOTA 55432 ,� � `��'�� TELEPHONE ( 612)571-3450 �� Anril 11 , 19�0 � � CI'fY t;�;i!�JCIL 4' � AC�fIOf� T�,KE�a NOl'1C� . �::" � Allan B. Stahlberg 305 - 89th Avenue PJ,C. � �, Blaine, MN 55432 . Dear Mr. Stahlberg: Cr� April 7, 19g0 , i:�;e .Fridlay C�i;:y ;;��a:�ci i . �----------�-----:---.._.._ _A,.._____`__. crr��.11y �p;:ro�:r,� ��ua:� request �for A six-month _ extension (until_ Octaber 7, .�:�i th �;he sti E:;!��::��i;,�r,5 �i��sted bel o��r. T�80)� for SP #�78-1 C� for constructi on of a new home in the flood plain. 1'1 eas� r•e�,r:�:r t�:;. ��t�;� s�;i pul ati ons, �i c;, �che s�atcrnent bel oti•a, 4�:��; r��i.�.;?~.� o�� cop,�� to �t.,;� ,.��f:�v o�� Fr�ul ey. �T" T'0'_I ��_�.`tE: !1�{`! C:!!i:St1UCtS T':.''�d`"�i!?C7. �;�?? G�.+.i)1'E'. ii�t1011y }J�E.`dSt? Ct� ! i � � •�rr��^ t� i i��r�n.♦ �- t'i 'rl i;n . Cn��: �t�ii:� i,-�t=1��,:,.��,t Of� ice ai:. �, 1-34��... Sii�ic�.reZ;,�, � � � �� %/ �j: �__--_ - �` ;-,,;. � �ril��L.� ;_. C:�'iii�Ul�;+ii� c��-ti� ��..�,�,,�Er; ��eian Sf:�p�,1�1��G'iS: ' None � . � i � . . " ; l COi1C:�t' l:�1 �i� c�:�1QCl ::t��t�::.. � __------------------�_.____.___._....•_---_..----.....______. � I r f � , ;� � T , ,�� . t �� .1�.,.,._.�. . ,_._ .��' �y,'� ' ' � ' � f/`� �'� � ��"� �� .�� ? ....,�� , . . . � ..r,.a.«r �i... �f� . .� � _... . . . � ' ��'� � y��R� 8431 UNIVERSiTY AVENIiE N.E., FRIDLEY, lVAINNESOTA 55437. � , �.`,,� y� �'�` . TEIEPHON� ( 612)57i -3450 ' t ? ;�' • �', , :�', ' November 20, 1978 . , ,,. , . . �'��` - �_ ?. . CITY COUNCIL � � � `�� ACTION 7AKEN P�OTICE y fff'i ,i*� . [�t%�rl, � �`. ��'� �'{ ,a� A11an Q. Stahlberg • ��'�� 305 89th Avenu� N.E. Blaine, Mn 55432 Dear Mr. Stahlberg, pn October 23, 1978 , th� FridiEy City Cou�cil � cffi�iall_y appr�oved yo�r r�e�uest for _SP �70-•10 i=or_8053 River��iew Terrace h.E. wi th the s�i pul ati ons ��s�ed bel et�r. f'lcase rev�ea: i:�ie r�oied stipulations, sic;n -t�e statcment be�owy and retur;� one CGn,Y �;0 the C�ty of Fri dl ey. Xf y�u have a��y ti,�c�stior�s reg�rdi�� the aho��e actiei�, {�lcase cal l the Com�nuni ty UcvE I c;�ment ()ffice at 571-i45U. Si re�,v, . f ��,�. ,' � � ERROLD L. BOARQi'�AN � CITY PLAP��dtR r �l..fi�CIC� $tl U�a�IOnS: . • None Concur with action i:aken. P4,p\.UT IO.y�,`. e� r.q . U C� • a � r U� �b `a /:��_�ylU • .�,,.�,, ,