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SP72-17 DENIED CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA PLANNING AND ZONING FORM Rezoning Number � '� Special Use Permit S P -��a -/;7 Variance APPLICANT'S SIGNATURE Lot Splits Address_ }] Q .p Approval of Pre- 74,011 1 iminary Plat Telephone Number ij 1p Q 3 3�-lS 3.*3® Approval of Final Plat PROPERTY OWNER'S SIGNATURE / Address Streets or Aller-.. . Vacations Telephone Number Other Street Location of Property 34Z - '7 Legal Description of Property ~ c Present Zoning Classification Existing Use of the Property ` !� Proposed Zoning Classification, Special Use, Variance or then request A- - Describe briefly the Type of Use and the Improvement Proposed Acreage of Property Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject S to or Part of It? When? What was Requested Fee En losed $ A0 Date Filed Date of Hearin PLANNING AND ZONING FORM PACE 2 Number S L �7a -17 Y The undersigned understands that: (a) A list of all resi ents and owners of pro- perty within 300 f et must be attached to this application. (b) This application m st be signed by all owners of the prop rty, or an explanation given why this is of the case. (c) Responsibility for any defect in the pro- ceedingt resulting from the failure to list the names and adds sses of all residents and property owner of property within 300 feet of the property in question, belongs to the undersi3ned. Residents and Owners of property within 300 feet: PERS014S ADDRE S A sketch of proposed property and structure must be drawn n the back of this form or attached, showing the following: 1. North Direction 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-back*. 4. Street Names 5. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and rep esentations stated in this application are true and correct. DATE `SICNATURE (APPLI T) �r o1r ak sir tdr tk '�Ir 9Ir tk Approved Denied By the 3oard of Appeals Subject .to the Following Conditions: date Approved Denied by the Plannin- Commission on Subject to the Following Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 ` I SP #72-17: De Wayne Lennox 4957 University Ave. N.E. To build a double bungalow. Lots 5 & 6, Block 5, Melody Manor ` NID ^ 1r I Q � t it .a r Vy � Nw I OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will e a Public Hear- ing of the Planning Commission of the City of Frid ey in the City Hall at 6431 University Avenue Northeast on Wednes ay, November 8, 1972 in the Council Chamber at 8:00 P.M. for the p rpose of: A request for a Special Use Permit, SP 72-17 , by De Wayne Lennox to permit the constr ction of a double bungalow in an R-1 District per Fridley Code 45.051, 3 D, to be located on Lots 5 and 6, Block 5, Melody Manor, ly ng in the North Half of Section 11, T-30, R-3 , City of Fridley, County of Anoka, Minnesota. Generally located at 384 74th Avenue No theast. Anyone desiring to be heard with refere ce to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: October 25, 1972 November 1, 1972 t ZZ jf N 4 0 W W w �t DesyA( CL lao.r! cr 4T- A ak ro./ SP #72-12: DE WAYNE LENNOX 'Q Y` :--._.:--- --- Lots 5 & 6, B1. 5, Melody 4 n ^ Manor. Lot 6 is R-1. s o �v .s y Lot 5 is R-2. -- 25,;-f7 a, It4Fjet ri m li d a if -- yG 16 7 ♦n � \0 p p^ 1 ra9:�� :l0a t�'•i1 � h !`�_. 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Residential Mortgage Fridley, Mian. 55432 Mpls. 55416 Mr. & Mrs. arwin Beck Mr. & Mrs. Leslie Zimmer 7391 Sympho y St. 7348 Symphony Fridley Fridley Eberhardt Co. Mr. & Mrs. Edward Chies Attn. Tom Spaeth - Residential Mtg. 8624 N.W. Mississippi Blvd. 3250 W. 66th St. Coon Rapids, Minn. 55433 Mpls. 55435 Melvin W. London Mr. & Mrs. John E. Miller James J. Parnon 7350 Lyric Lane 361 74th Avenue N.E. Fridley Fridley Casey Hoba -Goch Transfer Co. Mr. & Mrs. C. Leslie Krivanen 415 74th A e. N.E. 7398 Lyric Lane N.E. Fridley Fridley Casey Hoba -Boch Transfer Co. Mr. & Mrs. Frank P. LaValley, Jr, 3025 Snelling Ave. 7380 Lyric Lane N.E. Mpls. 5540 Fridley Residentia Mtg. Mr. & Mrs. Wilbur J. Ertl Mr. & Mrs. Vernon R. Franzen 7370 Lyric Lane 4021 Verno Ave. S. Fridley Mpls. Mr. & Mrs. Lawrence Nierengarten Clemron In . 7360 Lyric Lane 701 Columb a Blvd. Fridley Mpls. 5541 Dr. Robert Weibert Mr. & Mrs. John L. Novak 7340 Lyric Lane 372 74th A enue N.E. Fridley Fridley Prudential Ins. Co. Mr. & Mrs. Wm. C. Mealoy Residential Mtg. 7378 Symph ny St. 3701 Wayzata Blvd. Fridley Mpls. 55416 Mr. & Mrs. Ellsmore M. Vence Mr. & Mrs. Gerald D. Dahle 7368 Symph ny St. N.E. 7341 Symphony St. N.E. Fridley Fridley Mr. & Mrs. Wm. R. McLaughlin Mr. & Mrs. Byron M. Eliason 7362 Symph ny 7351 Symphony St. Fridley Fridley Mr. & Mrs. Donald L. Guimont Mr. & Mrs. Ronald J. Schumacher 7358 Symphony St. 7361 Symphony St. Fridley Fridley r Mailing List for SP 472-17, DeWayne Lannox Page 2 Mr. & Mrs. Anthony J. Schreiner 7372 Symphony St. Fridley Mr. & Mrs. David P. Lennox 7397 University Avenue Fridley 'its Coj q A it -� Li 7 3 `l '8 V �i'-► �� (4- M / °►tit `� 3 14 7 i I _ 3'7o i Vj W "rt oA1 T +7171 f7 f4 c � ){WIJQ�aMcj% e 3 °CMwu— �C'I, ------------ L. *. I I i -- I i ,I - ' I i I i i I j i 11 ' I I 111 November 29, 1972 Mr. DeWayne Lennox 4957 University Avenue N. E. Columbia Heights, Minnesota 55421 SUBJECT: Lot 5 and 6, Block 5, Melody Manor Dear Mr. Lennox: Your request for a special use permit to build a d uble bungalow on subject iot above was considered by the Cit Council on November 20, 1972. Mayor Liebl asked that I write you nd explain to you the utilization of the lots. DAs you know, Lot 6 is zoned R-1 and therefore eli ible for a single family residence, whereas, Lot 5 is zoned R-2 and ei.igi le for a du-�,':e:t. In listening to the City Council discussion, it was ray mpression that the City Council, would have permitted the building of a duLilex on Lot 5 and 6 if the duplex faced Symphony Drive. They did not want to permit the duplex to face 74th Street. The City will be glad to work with you in laying oit the plot plan providing the above condition is met.if you should deci e to proceed with your double bungalow. Very truly yours, Gerald R. Davis City Manager GRD/ms CC: Mayor Frank Liebl Darrel Clark, Community Development Administrator r ----- -- ------ --- 10, -- - Y - - -An - _ -� - c /- f Planning Commission Meeting.- Nove �ze LS72 Page 4 �-.-�- Mr, Klaverkamp answered that as far as back up s concerned, we can only speculate how much bus neon a ll be. A._ i ; eYour property off Mississippi, but the stacking would be on our propery. MOTION by Zeglen, seconded by Erickson, that th Planning Commission close the Publics Hearing of the request for a Special Use Permit, SP #72-16, by Phillips Petroleum Company. Upon a voice vote, all voting aye, the motion carried unanimously. Acting Chairman Fitzpatrick asked Mr. Clark if here were any recommenda- tiops by the City. The explanation was that there is an access as hown on the Southeast cor- ner just off University. Another entrance is just o f Mississippi on the South- west corner and a third access on the Northeast corn r of the lot. Mr. Clark then asked Mr. Palmquist if Phillips Petroleum was c nsidering closing off the access on the Southwest corner of the property. His answer was "no". Mr. Clark said one opinion was that there is t e possibility of people trying to get in the station on the Southwest corner if they can't get on to ' the lot because of cars backed up. This coul.d f�ffe t the traffic on the set'Vice drive. There is quite a bit of difference 'n :-=a.&ang room if you eliminate the Southwest entrance. Mr. Fitzpatrick said that if the people are en ouraged to use the Eastern access, should the Western be closed off? Mr. Clark said that the concern would be the p obability of someone backing out on the service drive: This type of car wash th t we have seen in the City does not have a large volume of traffic. MOTION by Erickson, seconded by Zeglen, that t e Planning Commission continue the request for a Special Use Permit, SP # 2-16, by Phillips Petro- leum Co. until the meeting of November 22, 1972 in rder, to give the members a chance to look at the station and also have the t o absent members present. Upon a voice vote, all voting aye, the motion carri d unanimously. x 3, PUBLIC HEARING: REQUEST FOR SPECIAL USE PE T SP #72-17 BY DE WAYNE LEMO : Lot 6, Block 5, Melody Manor, vacant, zoned R-1. Lot 5 zoned R-2 Request to build a double bungalow per City Code 45.051, 3 D on Lot 6 (R-1) and Lot 5 (R-2) , Block 5, Melody anor. Mr. DeWayne Lennox Jas present. MOTION by Erickson, seconded by Zeglen, that he Planning Commission waive the reading 4f the Public Hearing Notice for the r quest of a Special Use Permit, Sap #72-17, by DeWayne Lennox. Upon a voice °7ote, 11 voting aye, the motion oarri.ed unanimously. Mr. Lennox explained he was panning to build a double bungalow on Lot 5, which is R-•2 zop�.rtg and to get a Special Use permt to go on Lot 6, zoned R-1, Ogcet}se the doeblq laungalow would go over on that ot. He wished to have the Planning Commission Meeting S� 137 : Page 5 double bungalow face 74th Avenue instead of Symphon Street because it would then line up with h$� '. ng <<a�e cu,_ aloes. s`f=_ It a swimming pool on Lot 6. Mr. Clark said that previously there was a petition for a variance on Lot 5 only. The va~fiance was granted, butone of the provisions was that the double bungalow face Symphony Street. Mr. Len ox now feels that Lots 5 and 6 are large enough without having a variance. The building structure is basically on Lot 5 and part of Lot 6. Mr. Lennox said because a three car garage is required for a double bungalow, the garage will be put wherever he can g t a permit for it. The garage entrance will be on the back of the house. Terry Reingardt, 7381 Symphony: His interest was in knowing exactly where the house would he placed on the two lots and how murli it would go into Lot 6. Acting Chairman Fitzpatrick said the building is 33 feet North/South with a 35 foot setback. This would mean that most of tae building is going to be on Lot 5. Darwin A. Beck, 7391 Symphony: He said they elt at this time a house of this nature should face Symphony. Now he is going to face it on 74th which would show the homes on Symphony the East en of his house and take up the vacant lot next door which would be just what hey have been looking at for three years. He felt it would ruin Symphon Street. He objected to the deep back yard. W. C. Mealoy, 7378 Symphony: His back yard ould be the lot next to Lot 6 which is presently a single family lot. He ould prefer to see a single family dwelling on this lot rather than hi back yard facing his yard. Mr. Lennox said he could build a double bung low on Lot 5 and a house on Lot 6• Thorwald Johannsen, 7358 Symphony: He said a didn't get a notice, but he lived right on the corner of the cul de sac. a just bought that house and paid a great price for it. He did not see wh they have to change the R-1 zoning. The doubles to the North and West of him were not kept up very nice, If a house is rented, it is i.ot kept up. e did not think the pro- posed building would increase the value of the su rounding property. Mr. Fitzpatrick said that the question seems to be resolving itself whether or not the multiple will be built on one of or it would occupy two lots. The question before the Commission is the lacement of such a building. Mr. Reingardt asked if the zoning of LoL- 5 m de a difference in the requirements for a home being placed in any parti ular direction. Mr. Clark. explained the requirements are th t the house is to be set so far from the street and that side yards do di fer from the front yard setbacks. Planning Commissions Meeting S.1W2 Page 6 Acting Chairman Fitzpatrick asked for a show Cf hands of the people in the audience who were here on this item ar�. �� , �._ The number was eight. MOTION by Erickson, seconded by Zeglen, thaf `he Planning Commission close the Public Hearing of the request for a Special Use Permit, SP #72-17, by DeWayne Lennox. Upon a voice vote, all voting Eye, the motion carried unanimously. Mr. Fitzpatrick commented that the people who live on Symphony Street object to this large back yard. Mr. Lennox said that Lot 6 has a high water table. If you were to put a building on it, you would have to put in a lot of fill. Mr. Clark said that the feeling.he gets was that the neighbors are object- ing to the building because it would not face Symphony. Mr. Lennox had chosen to face 74th Avenue Mr. Reingardt said he could speak only for himself. His primary concern was that they would end up with a very large bac:;k yard they'd all be peering into, If it faced Symphony, it would be less of an objection to him. Darwin A. Beck; If Mr. Lennox took the two car &'Aa.te and faced Symphony, he wouldn't object. Mr. Clark said he could build 35 feet off the South line and 35 feet off 74th Avenue. The front of the double bungalow would be 35 feet from the lot line plus 33 feet being the setback equals 68 feet. The South lot line would be 32 feet. Mr. Erickson said that Mr. Lennox keeps refer ing to the fact that the house would be further out if it faced Symphony. Mr. Clark said there would be ample space on both sides of the house if it faced Symphony. There would be 35 feet between the house at 74th Avenue and 35 feet between it and the South lot li e of Lot 6. a Mr. Lennox stated he did not want to face Sym hong, Acting Chairman Fitzpatrick said that in view of the great objection to the proposal as it was presented here tonight, it seemed to him that every- one in the audience objected to the large back lot. MOTION by Erickson, seconded by Zeglen, that the Planning Commission, in light of the opposition as far as the public and their unwillingness to accept the structure oriented as the petitioner desires, and in view of the fact the petitioner does not wish to discuss changing the direction of the house, the request for a Special Use Permit., SP #72-17, by DeWayne Lennox to build a double bungalow on Tots 5 and 6, Block 5, Melody Manor be denied. Upon a voice vote, all voting aye, the motion carried unanimously. REGULAR COUNCIL MEETING OF NOVEMBER 20, 19 � PAGE 4 CONSIDERATION OF SECOND READING OF AN ORDINANCE REPEALING CHAPTER 19 "USED R LOTS" OF THE CITY CODEN DOPTING "USED MOTOR VEHICLE" RD N NTE AS CHAPTEP 19: MOTION by Councilman Breider to table this item to the Meeting of December 4 , 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes , Mayor Liebi declared the motion carried unanimously. REPORT ON METRO COUNCIL ACTION OF OCTOBER 12 , 1972 & CONSIDERATION OF REQUEST OR COOPERATION TO JOINTLY PROCEED WITH LEGAL ACTION AGAINS HE METROPOLITAN COUNCIL BY THE ADVERSELY AFFECTED MUNICIPALITIES': Tabled 1116-72) Councilman Breider said it appears the new situation outlin d by the Metro- politan Council will increase Fridley's 1973 sewer charges ty some $87,000, and that it looks like the suburban areas are to be taken again. MOTION by Councilman Breider to become a party to the lawsuit with a maxi- mum of $1500 allocated toward this endeavor. Seconded by .ounrilman Mittel stadt , Mayor Liebl asked the City Attorney if this was his recomme da�-:'os. The City Attorney replied that it was , & that $1500 is a very small sum con- sidering the amount of money the Metro Council is talking about. If more is needed, he would come back for further authorization. THE VOTE UPON THE MOTION ,being a voice vote, all ayes , Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 8, 1972: SPECIAL USE PERMIT RE UEST SP #72-15, BY LEE M, MUGGLI : Construct an accessory 5'uildinq and keep exist ng garage per Code 45.061 , 2A in an R-2 zone on Lot 5 & South 35 feet df Lot 4, Block 8, Hyde Park Addition (6030 2nd"Street) The City Engineer reported the Planning Commission recommended ai proval sub- Ject to the addition conforming to the architecture and finish qh the outside of the existing house and that the existing garage be in god ccfidition, This is in R-2 zoning. MQTIQN by Councilman Mittelstadt to concur in the approval of the request by Lee M. Muggli subject to the Planning Commission 's stipulations. Seconded by Councilman Breider. UpQn a voice vote, all ayes , Mayor Liebl declared the motion carried unanimously, The City Engineer reported Item #2 , a request by Phillips Petroleum Co, for a Special Use Permit , is continued by the Planning Commission, SPECIAL USE PERMIT REQUEST SP #72-17 BY DE WAYNE LENN X: Lot 6, Block ST-Melody aw, vacant, 16ned R.I . Lot 5 zone equest to build a double bungalow per City Code 45.051 , 3D on Lot 6 (R,1 ) & �of 5 (R-•2) Bloch 5, Melody Manor, fhe City Engineer reported that this is a request to build a double bungalow and because of the applicants reluctance to compromise, thf Planning Com- mission denied the request, REGULAR COUNCIL MEETING Or NOVEMBER 20, PAGE 3 � a three year contract would be beneficial to the City of Fridley. As the bids came in, this fact became apparent. The three year bids on both the retrospective basis and the sliding scale were the lowest. He would re- commend the three year contract because of the lower cost and also it would require less administrative time and the City wouldn 't require his services as often. Mayor Liebl said that he noted in the recommendation that there would then be ins-Yituted a safety program. Mr. Shanley said yes , the insurance could be purchased on the proviso that Fireman 's Fund will guarantee a minimum of four safety meetings annually. It has been apparent that Fridley's ex- perience has been excellent in some years and riot so good in other years. It is hoped that the safety program would help to alleviate some of the accidents that have happened and reduce the overall cost to the City. Mayor Liebl asked about the coverage; not only should the bids be examined from the standpoint of low cost, but also good coverage. Mr. Shanley said that all the companies bidding are reputable compani&_ licensed to do business in the State of Minnesota and there was very little to consider along those lines , they all give good coverage. Each company is cap,'Itie of giving Fridley the service requested. He added that the rates stiould go down during this three year period , barring another unfavorable loss , Mayor Liebl asked the Purchasing Agent, Mr. Gordon Middag, if he concurred in the recommendation and Mr. Middag replied that he did. MOTION by Councilman Mittelstadt to accept the bids and award the contract for workmen 's compensation insurance for three years to P.M. Endsley, the Sliding Scale Dividend Plan in Fireman 's Fund, with a maximum three year premium of $84,249. Seconded by Councilman Utter, Upon a voice vote, all aYes, Mayor Liebl declared the motion carried unanimously. ORDINANCE #524 - AN ORDINANCE AMENDING ORDINANCE #435 RELATING TO THE SALE OF INTOXICATING 0,0`06R BETWEEN CERTAIN HOURS ON SUNDAY AND PROVIDING F L CENSE H E REFORE: MOTION by Councilman Breider to adopt Ordinance #524 on second reading , waive the reading and order publication. Seconded by Councilman Mittelstadt, Upon a roll call vote, Mittelstadt, Breider, Starwalt, Liebl and Utter voting aye , Mayor Liebl declared the motion carried unanimously. RESOLUTION #135-1972 a A RESOLUTION RELEASING CERTAIN TAX FORFEIT LOTS LY-.- MUE-STIN'G EASEMENTS ON CERTATN TAX FORFEITL`OTS To THE CITYTF e'Y N E CITY OF RIDLE N ONE TAX ORF I OT ON THREE TAX FORFEIT LOTS: MOTION by Councilman Breider to adopt Resolution #135-1973. Seconded by Councilman Utter. Mayor, Liebl wanted to mare certain the three lots in Hamilton's Addition to Mechanicsville are to be held and that the assessments on these lots in the resolution are to be paid to the City. The Finance Director replied yes *rl both questions . THE VOTE UPON THE MOTION, being d voice vote, all ages , Mayor Liebl declared the motion carried unanimously, REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 5 MOTION by Councilman Breider to concur in the denial of the special use permit request by DeWayne Lennox. Seconded by Councilman Utter. Mr. DeWayne Lennox said that he asked for the special use permit for the double bungalow because he wanted to live in the unit on the corner of 74th & Symphony & rent the other unit out, and he would like to build 35' from 74th like the other bungalow. He would be opposed to putting this double bungalow 22 ' in front of his other bungalow. He had told the neighbors that he planned on building this house and swimming pool , One party dis- approved because his back yard would face Mr. Lennox's. The City Engineer showed the plans at the Council table and the location on the overhead projector. Mayor Liebl commented that it se d the opposition was because of the way the bungalow would face. Mr. Lennox said he did not believe this was really the reason. He said he could put a double bungalow on Lot 5 and he could build a house on Lot 6, however, he would rather not because Lot 6 has a high water table and he knew of one house in the area with a half-basement and they get water in their basement. Since he plans on living there and he likes large back yards , he chose to build one structure rather than two. He said he had asked the man across the street and he said his plan was all right with him, he had also called Ed Chies and he had no objection. He said he did not present a petition because he prefers to believe that a City Counctl would judge a plar on its merits rather than public sentiment. He said he just bought these lots this year and that he has a nephew that lives on the corner and he has been there for many years. MoYer Liebl asked how much of an investment he was planning Mr. Lennox replied that the land was $11 ,000 and the double bungalow would be about $50,000. The swimming pool would be over and above that. Mayor Liebl asked the price range of the homes in this area and Councilman Breider estimated $35,000 to $40,000. Councilman Breider said as he understood his plan, his back yardrwould front on Symphony. Mr. Lennox said yes, then his back yard would be tcing his neighbors back yard. He said there are only he and his wif , art he plans on two bedroom units , so there would be very few children; f he were to build the double bungalow and a house besides , there could be mo a children added to the neighborhood. Mr. Lennox said that his objection to facing Symphony was the contour of the land and because of all the trees that would have to be removed. He said if the Council would like to p stpone their decision, he could have his legal counsel come to the meet-ing and perhaps explain the plan better, The City Engineer said that if the Cpuncil is considering some further discussions , that it would be advisable to have a hearing and invite the people in the area to attend. Councilman Breider called for the question. UPON A ROLL CALL. VOTE, L.iebl , Utter and Breider voting aye, Mittelstadt \ Starwalt voting nay, Mayor Liebl declared the motion carried. REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 PAGE 6 1 Mr. Lennox said that he could build a double bungalow on Lot 5 and he would j sell his other bungalow. He said he has paid taxes to Fridley for a number of years , and he could not see why these people should be able to dictate 1 to him how he should situate his house on his lot, and that he thought the men on the Council would settle this question more intellectually. Some 7f the people he questioned preferred his placement of the house and wanted t facing 74th. He said this was a beautiful place for a double bungalow. He said that he could still build his double bungalow on Lot 5 and put a single family home on Lot 6. Councilman Breider replied that would be fine, Lfamily ere would be nothing wrong with his building a double bungalow and a single home; go ahead and do it. Mayor Liebl asked the City Manager to write Mr. Lennox explaining the Council feeling and his rights in regard to the e of these lots . VACATION REQUEST SAV r-72-05 , BY L.EIF HENRIKSEN: To vacate 64 1/2 Way, the cul -de-sac in Vet 's Addition andpnstruct it as a private road. MOTION by Councilman Mittelstadt to sot the public: hearing for this vacation request for December 11 , 1972. Seconded by Counciliian Breider. Upon a voice vote, all oyes , Mayor Liebl declared the motion carried unanimously. The City Engineer reported that the next four items of the Planning Com- mission required no Council action at this time . COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY : The City Engineer said that the Planning Commission will be setting their public hearing date at their meeting of November 22nd , so they would appre- ciate any comments or suggestions from the Council prior to the plan being presented to the public. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Commission Meeting of November 8, 11972. Seconded by Councilman Utter. Upon a voice vote , all ayes , Mayor Liebl declared the motion carried unanimously. 'RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 14, 1972 The City Engineer reported that Item #1 , a request for a variance by Mr. Leo Simonson , is still pending before the Board. A REQUEST FOR VARIANCES OF: SECTION 45.134,4C, TO REDUCE THE REAR YARD REQUIREMENI FROM 25 FEV 1U 5 FEET, .AND SECTION 45.135,1E,1 , TO ALLOW PARINGN HE EQUI E 2 F FR D, ND OR TO REDUCE THE REQUIRED W—MBER UF PARKING SPACES FROM 28 TF24, AND SECTION 5.135 ,1F,4B, TO D CE T F G FA THEDRIVLWAY PAVEMENT TO BE AWAY FOM THE MAIN FEET TO ZERO FEE LL W TH NS C I F STORME AON TO AN EXISTING—BUILDING LOCATED ON LOTS 32 THRU 38, K , SPRING BROOK K ADDITION , THE SAME BEING 140 LIBERTY STREET, MIDLE IN E S S & W REALTYC M NY, 140 DIEM STREEN__. , R D . , _ ESO ` .�aION by Councilman Mittelstadt to approve the variances subject to the Board 's stipulations , which were to screen the residential property with fencing and that the plans are to be approved by the Building Standards - Design Control A — REGULAR COUNCIL MEETING OF MARCH � 1973 PAGE 22 he added, the reason the agreement_ is not completed at the present time is that they wanted it to be looked over by their attorney to be certain it had been worded correctly. He said, the agreement should a back to him wither a week. Councilman Starwalt asked what agreement had been made for the men presently on the force? The City Manager said the City of Fridley a rees to the present level of benefits. He said there is wording that tates the City of Fridley Police Pension Association will make changes in their bylaws if there is any change in the State Laws. He said they also tated that any men placed on the force after March 15, 1973, would not be eligible for the Pension Plan, but would be placed on P.E.R.A. The City Ma ager said the men had been guaranteed that the benefit levels would remain a they are at the present time. Mayor Leibl said he agreed with the proposal, but he would like to see a letter stating these facts. He suggested waiting until th next Council meeting. The Public Safety Director said it would be possible to start the new men on March 26, 1973, this was the first day of the training ession, but they would have to put in some time on their own the previous Saturday for completing necessary forms, etc. The City Manager asked the Public Safety Director if this delay would endanger the chance ,of hiring the men? The Public Safety Director aid he did not believe the men would object. Councilman Breider said the motion had been a conditional ne. He added, final action would not be confirmed until there was some s rt of action, it was continggnt upon receipt of the letters. Mayor Liebl said he had been on the Council for some time d had learned the Council should not take action until the facts are at and. The City Manager said he had been told by two members of the Associ tion that the letter is coming. Mayor Liebl said he believed the Counci should vote. UPON A VOICE VOTE, Utter, Nee and Breider voting aye, Sta alt voting nay, Liebl abstaining, Mayor Liebl declared the motion carried. Councilman Nee said he believed the Council should complem nt the City Manager, the Public Safety Director and the Finance Direct r for bringing these negotiations to a close. Mayor Liebl said he had attended the meeting the previous hursday evening, March 1, 1973, and he had pointed out to the Association t1at the tax payers must be considered and the Council intended to contribute 1$, and no more. ANOKA-HENNEPIN SCHOOL DISTRICT #11: MEETING SCHEDULED FOR MARCH 28, 1973: MOTION by Councilman Breider to receive the communication. Seconded by _ Councilman Utter. Upon a voice vote, ail voting aye, -Mayo Liebl declared the motion carried unanimously. PDEWAYNE LENNOX: SPECIAL USE PREMIT, MEIaDDY MANQR: '�'ll MOTION by Councilman Breider to receive the communication. Seconded by B ;GULAR COUNCIL MEETING OF,MARCH 5, 1973 PAGE 21 Mayor Liebl asked by what year the actuarial deficit would be paid by. The Finance Director said there were many ways to implement the payment. He added, the present plan would pay the deficit as soon as possible, this could be extended, it just depends on the way the City would want to go. The City Manager said it would be about 30 years. The Finance Director said next year the City would save $6,000 and down the line for a longer period of time. He said the City would save money, some now and some later. Mayor Liebl said.this would only be true as long as the State Legislature maintains the Guidelines Act. He said if P.E.R.A. increased its benefits, this would cost the City much more, he asked if this was correct? The Finance Director said the City had no control over the benefits of those ,:T,l P.E.R.A. He said he cannot determine what they might do in the future. The City Manager said what the City is proposing goes beyond the Guidelines Act requirements. He added, the Guidelines Act only states in ten years the normal costs must be paid. He added, within thirty ygaj�s the City would eliminate the deficit and the plan would be eliminated. The City Manager added, P.E.R.A. requires a payment of 12% and this is far less expensive than placing the new men on the new plan and continuing to pay 50%. Councilman Breider said he believed the State would have to take a good look at any proposal to increase the P.E.R.A. benefits as this would involve increased payment by a lot of municipalities. Councilman Breider said the City plan may be more stable than the State program. Mayor Liebl stressed the importance of the new men understanding the program and the differences between that and the City program. Mayor Liebl questioned the City's limitations to set a mill levy except for the percentage of payroll. The Finance Director said if the City hires new people, the new people are not exempb from the tax levy. Mayor Liebl said he believed the agreement with the present force should be maintained unless the Association decided to change the agreement. The Finance Director said negotiations had reached a point where both sides agreed. Councilman Breider said the present delemma .is whether the City should uphold the plan and live up to the committments it made in the past, hsk the members to agree to reduce their benefits, or place the new men on a plan with their agreement. He said he did not believe the benefits that have been promised the men should be reduced. He said if all parties agree to the proposal, he did not see that there would be any complaints. Councilman Starwalt asked when Robert Ross, listed as a replaced employee, exited from the Department. The City Manager said it was last fall. Councilman Starwalt asked what day the Council was recommeding thelnew men be placed on the Department. The City Manager said unless he had been given the wrong information, the Association had taken a vote and approved the placing the new men on P.E.R.A. , REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 23 Councilman Starwalt. Councilman Breider said he was instructed to work with Mr. Lennox. He said he talked to Mr. Lennox and the area property owners. He said Mr. Lennox wanted the building to 'face Sympathy Street and the home owners want . the building to face 74th. He said he had told Mr. Lennox he would work with him to obtain the Special Use Permit on the two lots zoned R-1 • and R-2. He said Mr. Lennox did not agree with the views cf the administration or the surrounding property owners. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared thE motion carried unanimously. Councilman Breider said he was unable to go any further and Mr. Lennox would not budge. He added, he did not want to give him a Special Use Permit and the City had denied him a Special Use Permit. Councilman Nee asked if the matter should be past to theadministration? The City Engineer said it had been denied. He added, it cannot be brought back for six months. The City Engineer said the action to be taken at the present time was to receive the letter from Mr. Lennox. He said there may be a way of working with Mr. Lennox, he said it may have to be a compromise. Councilman Breider said he would talk to the gentleman. Mayor Liebl said there had been objections to leaving a large empty lot in the back. Councilman Breider said the area property owners would likE the plan completed as it was originally planned, he said he believed this to he understandable. REPRESENTATIVE PAUL MCCARRON: INTERSECTION OF T.H. #47 ANE 69TH AVENUE N. : MOTION by Councilman Breider to receive the communication from Representative Paul McCarron, dated February 26, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Manager to write a letter to Representative McCarron. Councilman Utter asked what the City could do to get something done at the Highway Department? Mayor Liebl said it had taken five years to get some planting done. He added, the Governor's office has also expressed frustration in dealing with the Highway Department. ADJOURNMENT: MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the Regular Council Meeting of March 5, 1973, adjourned at 10:40 p.m. Respectfully Submitted Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 2, 1973 PAGE 2 VISITORS : Mr. Henry Melcher, 6500 Pierce St. : Mr, Melcher referred to the previous Coun 1 meeting saying his problem was brought to the Cou ills attention on March 1 , 1973 and was item 14 through 14D. He said the matter s in regard to the deat of the shrub fence on his property caused by the plowing and blowing of snow ich contained salt onto the area and shrubbery. Mr, Melche passed an overvie of the entire situation and several attachments explaining t e overview, He said his purpose is that he City ay $120 for smaller shrubs than Bachman's had recommended. He said he ould most of the work and City could haul the dead shrubs away after he had k them out. The City Manager asked Mr. Mel a if he was planning on pla ting a new kind of shrub in the area, so there w uId n t be further salt damage. Mr. Melcher said he planned to plant the Zab 's Honey uckle as recommended b Bachman's. He added, this would highly non salt to "c. The City Manager questioned Mr. Melcher if he would sign a statement tha the City would be free from further liability in the futur , Mr. Melcher sai es. 'MOTION by Councilma Starwalt to have the ad 'nistration review the matter and return with recomm dations to the Council for solution at the next Council meeting, April 9, 973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayo Liebl declared the motion carried unanimou ly. MR. DEWAYNE LENNOX: The acting City Attorney, James Gibbs , in the absence of Mr. Virgil Herrick, addressed the Council saying that at the last meeting he had attended, Mr. Dewayne Lennox had submitted a letter which was received at that meeting. He said he did i11not know what could be done about the letter. He said the g ntleman's problem is that of the frontage or facing of a planned double bungalow. Mr. Gibbs said he would like some direction on where he could go for further information for Mr. Lennox. Mayor Liebl said the Council had received Mr. Lennox's letter at that meeting. Mayor Liebl added, Councilman Breider had volunteered to talk to Mr. Lennox. Councilman Breider said he would like to reaffirm the conversation that took lace at that time. He said the agreement was that if Mr, Lennox wanted to face he bungalow on Symphony, this would be just fine, but if he continued to stay with the request to fact it on 74th , it would be very diffic It. Councilman Kreider said until Mr. Lennox wanted to face the building on Symphony, there would be no other way to go. Mr, Lennox thanked the Council . THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 2, 1973 The regular meeting of the Fridley City Council was called to order at 7:30 p.m. , April 2, 1973 by Mayor Liebl , PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION.: The invocation was offered by Mayor Liebl . ROLL CALL: MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl . MEMBERS ABSENT: None. APPROVAL OF MINUTES : REGULAR COUNCIL MEETING OF FEBRUARY 26, 1973: MOTION by Councilman Nee to adopt the minutes as presented. Seconded by Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MARCH S, 1973: MOTION by Councilman Starwalt to adopt the minutes as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING MEETING OF MARCH 12, 1973: MOTION by Councilman Nee to adopt the minutes as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said there would be the following additions to the agenda: Item #17 - Resolution by Finance Director, Opposing House File 1192, interest on utility deposits. Item #42 - Letter from Mr. Glen R. Ramsdell , request for fence. Item #43 Letter from Mr. Ed Wilmes , Islands of Peace Chairman, request for appointment of two members to the Islands of Peace Committee. Councilman Nee said he would like to add the following item: Report on Stevenson School Walkway investigation by himself. MOTION by Councilman Starwalt to adopt the agenda as amended. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE NO. 484 CONTINUED PAGE 2 45.196 The issuance of any Use Permit is dependent on the fact that ISSUANCE the activities permitted will not be dangerous or otherwise rimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use,. enjoyment, or value of y property. The issuance of any Use Permit may also he subject to condi- _ tions in order to protect the public health, safety, convenience' and welfare, or to avoid traffic congestion, or hazard, or other iangers, or to promote conformity of a proposed use with the character of the adjoining property and uses, and the district as .a whole, or to.protect such character. SOME EXAMPLES: (Conditions not limited to these examples) 1. Time Limits 2. Structural Requirements 3. Limitation of Use 4. _ Specification of Manner of Maintaining and Conducting Use. x The City Council may require a written agreement, deposit of certified check or funds, a bond, or other assurance of. faithful observance of conditions, the- violation.of which shall invalidate the permit and shall be considered a violation of this chapter. 45.197 Special. Use Permits may be denied by motion of the Council DENIAL V and such motion shall constitute a finding that conditions re ruired for approval do not exist. No application for a Special Use ermit which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said order of denial., ex- cept on new grounds of new evidence or proof"ofMcfanges of c ' ditions found to be valid by the-Planning Commission. 45.198 Whenever within one (1) year after .granting a Special Use Y LAPSE OF A Permit the recipient of the Special Use Permit shall not have completed SPECIAL USE the work as permitted by the permit, then such permit shall become null PERMIT BY NON- and void unless a petition for extension of time in which to complete USE the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with t1he. Zonirg Administrator 'F at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the Special Use Permit. Such petition shall be presented to the Planning Commission for review and recommendations which are to be submitted to Council for final action. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF JULY, 1971. MAYOR - JACK O. xzR.CFA%J ATTEST: CITY CLERK - MARVI:Q C. BR'JNSELL c. First Reading: .July 12, 1971 Second Reading:_ July 19,_1971��_