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PL 05/04/1977 - 6609City of Fridley �� A6ENDA q _. � PLANYIN6 COMMI55ION MEETING MAY 4, 1977 � � CALL TO ORCER: ROLL CALL: 7:30 P.M. PAGES APPROVE PLANNIPlG CCMMISSION MINUTES: APRIL 20, 1977 1- 32 7. CONTINUED: PUBLIC HEARItvG: REZOiJING REQUEST, ZO -0 , B G RY PETERSON: ezone fr-om -1 iocal business areas to R-2 (t.wo family dwelling areas), I.ots 3, 4, 22, and �3, 31ock 2, Meadohmoor Terrace, to allow the construction of double bungalows/ duplexes, the same being 1326-28 Osborne Road N.E., 1344-46 Osborne Road N.E., 1345-47 Meadowmoor Drive N.E., and 1331-33 Meadowmoor Drive N.E. 2. Public Hearir,g Closed Petition 4-1977 in opposition to this rezoning in file (received 4/6/77) 7wo letters to be received by Planning Commission in agreement with rezoning in Agenda •J• ill/-VJ� ll\ L� ��'/�v� of Part of Lots 3, 4, and 5, Hu�ito�• s Subdivision No. 25, generally located irronediately South of the 1000 Block of Lynde Drive N.E., East of Polk Street N.[. and West of Fillmore Street �1.E. 33-39 40-41 , �: 3. PUBIIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, �9 - 54 P.S. #1 7=0 > , �T�YiTN:`f�AfITFT: KepldtofLOt 13, Hutl7tor's Jubdtvlson IVO, i5y, excep the Easterly 200 feet thereof, generally located on the South side of Norton Avenue where it intersects with Central Avenue N.E. 4. CONSIDERATION OF THE RECOMMENDAiION FROM THE 5. CONTINUED: °ROPOSED hiAINTENANCE CODE : 6. RECEIVE APPEALS COMMISSION MINUTES: APRIL 26, 1977 7, RECFIVE ENVIRONMENTAL QUALTTV C�MMISSION MINUTES: ADJQURNMENT; 55 - 104 SEPARR7E 105 --123 124 - 130 CITY OF FRIDLEY PLANNING COMMTSSION MEETIN6 — April 20, 1977 Page 1 � tAIL TO ORDER: Chairperson Narris called the meetin9 to order at 7:40 P=Mo ROLI CALL: Members Present Members dbsent: Others Present= Shea, Bergman, Harris, Schnabel, Lagenfeld Peterson Jerrold Boardman, City Planner APPROVE PLANNING COMMSSSION MINUTES= April 6, 1977 Mr• Bergman requested that page 2, the first and sixth sentences, the word ^not^ be eliminated• Mr. Lagenfeld requested that on page 3, the sixth paragraph, the last sentence be eliminated• Mrs• 3chnabel requested that on Page 1D, the fifth paragraph from the bottom, the first sentence, the word ^of^ our business community be changed to read ^to^ our business community- �Third paragraph from bottom, page 10, third line, the word ^toward^ should be changed to "with^. It should read •••• which deals directly with the City's objective with the business community- MOTION by Shea, seconded by Schnabel, that the Planning Commission minutes of April 6, 1977, be approved as amended• Upon a voice vote, all voting aye, the motion carried unanimously• 1• CONTINUED� PUBLIC HEAftING= REZONING REQUEST, ZOA #77-01, BY GARY PETERSON= Rezone from C-1 {local business areas} to R-2 {two family dwelling areas} Lots 3, 4, 22 & 23, Block 2, Meadowmoor Terrace, to allow the construction of Double Bungalows! Duplexes, the same being 1326 and 1355 Osborne Road N=Eo and 1331 and 1345 Meadowmoor Terrace N•E• Mr• Gary Peterson, the petitioner, was not present. Chairperson Harris explained that this particular item was moved to May 4, 1977, at the petitioner's request. Mr• Boardman explained that all people concerned had been notified by mail that the hearing would be continued on May 4, 1977, at the petitioner`s request. � Planning Commission Meeting — April 20, 1977 Page 2 fhairperson Harris asked why this was being done• Mr. Boardman explained that Mr. Peterson wanted to wait so that the variance would go through at the same time. Mr. Bergman mentioned that perhaps, since this was a public hearing, � that anyone that did happen to be in the audience should be able to speak. Chairperson Harris asked if there was anyone in the audience in regards to the item• There was no one, mainly because Mr- Boardman had notified, by mail, all concerned people• MOTION by Bergman, seconded by Lagenfeld, that the Planning Commission continue until May 4, 1977, Public Hearing: Rezoning Request, ZOA �77-01, by Gary Peterson. Upon a voice vote, all voting aye, the motion carried unanimously• 2. C4NTZNUED� REQUE3T POR A LOT 3PLIT. L.S. #77-D2, BY PARK �ETROPOLITAN INVESTMENT FUND� Split off the Southerly 12❑ feet of Lot Z, Block 3, Commerce Aark, to make two parcels for tax purposes, the same being 730❑ and 7320 University Avenue N�E. {Zoned C-2}� {3ee Appeals Commission minutes of April y2, y977, for variance approval}• Mr• Steve Coddon, Park Metropolitan In�estment Fund, was present. Mr• 8oardman explained that presently Iocated on Chis property is a gas station and a car wash• The property and one building is owned � by one party and the other building is owned by another person- Mr• Boardman explained that the request is to split the property• He explained that the buildings are ten feet apart and by making the lot split right down the middle of the two buildings, there would be a five foot setback for each building. The property does meet the requirements as laid out for the commercial zoning on the property• Each building has a front footage of 16D feet. Reference was made of the Planning � Commission minutes from 1970, where action was taken. At that time, the Commission had made a statement that if at any time they wantetl tnis property under two ownerships, the 1ot spiit would have to be approved by Council. Mr• fodden made reference to the Appeals Commission Meeting of April Z2, 1977, at which he had made a variance request, that Mr• Robert Aldrich, Fire Prevention Bureau Chief, had reaffirmed his statement made June 1, 1970, regarding �fre protection. Mr• Aldrich had stated that the structures were low and he would fiave no reservations in the c�nstruction of {or} placement in the event of a fire. He said tfiat the trucks could get around the buildings easi2y• Mr• Codden feZt it would be sensible, at this time, to have the lot split- Mrs• Schnabel verified what Mr. Codden had said regarding the April 12, 1977, Appeals Commission Meeting. � Planning Commission Meetin — April 20, 1977 Paqe 3 Mr. Lagenfeld made the statement that accessability of this property posed no problems• "� Mr. Lagenfeld asked Mr. Codden if it wasn't his intention to sell this property- Mr. Codden confirmed the statement that it was his intention to divest himself of the ownership of the self-service car wash� Mr. Bergman made the statement that the Planning Commission has received the request to do a lot split regarding two structures which do exist and are, in fact, ten feet apart. He stated that even though they do involve a conflict of city code, in reality the buildings do exist and he felt that at this point, it should be recommended to �ity Council• MOTION by Mr. Bergman, seconded by Mrs. Schnabel, that the Planning Commission recommend to City Council approval of a lot split, L•S. �77-02 byPark Metropolitan Invenstment Fund�,-to split off the Southerly 1?n fee± of Lo± 1, R1^ck 3, Coi^nerce �ar!!, tn ?�?kE twn narcels for tax ourposes, the same being 7300 and 7320 University Avenue N.E., zoned C-2. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris stated that this request would go to the City Councii on May 2, 1977. 3. PUBLIC HEARIt�G: RE UEST FOR A SPECIAL USE PERMIT, SP #77-02, CANADIAN FINANCIAL � CORPORATION: .er ridley City Code, Section 205.051, �3 E and F, to allow the eonstruction of housing for the elderly and an automobile parking lot for off- street parking in an R-1 Zoning District, on Lots 1-7, and the Northerly 215 fieet of Lot 24, Block 1, Alice Wall Addition. MOTION by Mr= Lagenfeld, seconded by Mrs� Schnabel, to open the Public Hearing request for a special use permit, SP �77-02, Canadian Financial Corporation= Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7:55 P=M� Mr. Richard S• Kahn, Canadian Financial Corporation, was present• Mr. Boardman explained that the original plan for the property in question was for a 144-unit conventional apartment building= However, the financing for that particular project did not come through, and Canadian Financial Corporation stepped in with an immediate proposal on that property• Mr• Boardman explained that the first proposal received was for 138 multi-family units. The Staff went out to the Golden Valley project which Ca�adian Financial Corporation is involved in, the Dover fiill project• This project was carefully looked at along with Canadian Financial Corporation. He worked with Canadian Finance in developing a proposal for 104 multi-family area and 104 unit elderly structure� The multi-family units would be located in a presently zoned R-3 area that was zoned for apartment buildings� The elderl,y,buildin��woul�i be,loFated `� an tlie Ivorthern part of the R-1 zoned property; including Lots 1 through 7. Planning Commission Meeting — April 20, 1977• Pa e 4 Under the proposal for the 104 unit multi-family and 104.unit elderly, we- would have required a special use permit to allow the elderly building in Zone R-1 and also a special use per•mit to allow a portion of the multi-family area to be in the R-1 zone• Also with the 104 � unit proposal it would have required a variance. The maximum number of units allowed on that portion is 92 units. The Canadian Financial Corporation went ahead with the 104 units at this time with full knowldege that a special use permit approved, they would go for a variance• This proposal has been sent to tfie Human ftesource Commission and the Community Development Commission• These commissions recommended to Canadian Finance Corporation that they may want to bring the number down to 92 units. Canadian Finance Corporation agreed to do this- Therefore, the plan now is for 92 units multi-family and 1�4 units elderly• This would eliminate the need forthe Special Use Perroi{ to allow�parking�in the R-1 zoning for the multi-familv complex. Mr. Boardman also pointed out that they are still proposing the single family development along seventh street and 63rd & 64Eh Avenues end eliminate lots 1 thru 7 but keep lots 8 thru 22• At this point Mr• Boardman turned the floor over to Mr• Richard Kahn from Canadian Financiai Corporation• Mr. Kahn presented more background material on how they arrived at their present plan• He explained that back in November, the Canadian Financial Corporation had been working with the Wall Corporation on a proposal that had previously been approved by the City Council for that property for a 144-unit conventional type � building• As they progressed with this particular proposal, the State Housing Finance Agency came back and said they should consider a plan more oriented towards family townhouse units- This required them to come back to the city with a whole new concept� The reason they changed the plan from family to combination family/elderly came after some discussions with the City of Fridley Staff. The Staff felt that a project the community had the greatest i�terest in was a combination of both• Mr• Kahn stated they had taken the Staff for a tour of the Golden Valley project and Staff had given encouragement to duplicate the Golden Valley Plan. Therefore, Canadian Financial Corporation then came up with a new plan that would call for a Senior Citizen mid-rise of five stories, with 104 units and 104family townhouse-type units. Based on further discussions they had with the Staff and during meetings with the Community Development Commission and the Human Resources Commission last week they had again modified their plan slightly and came up the the plan that Mr. Kahn had displayed. Mr. Kahn then described the plan. He explained that the larger gray area on the plan was the Senior Citizen mid-rise building consisting of 104 units, five stories high, with all units having one bedroom. There would be a half-moon pick-up/drop-off area in front of the Tenior Citizen building• There would be no parking allowed here, however+ the area would be big enough for a bus turn-around• There would be ' parking behind the Senior Citizen building. There would be a 50i � � parking capability for the senior citizens consisting of parking spaces � and garages• Plannin� Commission Meeting — April 20, 1977 page 5 Mr. Kahn continued with his description of the plan• He indicated that the remainder of the area was the multi-family units• He said that ' after discussion with Staff, instead of 1D4 multi-family units, there would be only 92 units. Therefore, he explained that there would be no request for a variance on that part of the proposal= Mr. Kahn then went to the drawing of the plan and pointed out to the Commission a few of the things he had added such as a tennis court, a court for basketball/volleyball, a play area for the children, and playground equipment for the smaller children� He added a building of approximately 2,400 square feet for a community center• He indicated that they would be doing extensive landscaping, especially around the pond• He said there would be a walking path, well lighted, with benches at various points around the pond• Also he indicated a picnic area for both the senior citizens and family areas= He added that the Senior Citizen area would also have a putting green, gas grills, and a community room located in the building. This community room would be approxiamtely 1,200 square feet in size and would be made available to the Senior Citizens of Fridley for their various meetings and activities� There would also be several multi-purpose rooms available for the use by Senior Citizens• Mr• Kahn indicated that one parking space and one garage would be provided for each of the 92°unit multi-family townhouses� Mr. Kahn then went into some detail with regards Go what Canadian Financial Corporation has done in Golden Valley• The city of 6olden �Valley was very extensively involved in the Dover Hill projecta Golden Valley had been very resistent at first tc have this kind of proposal in their community. They indicated that if they were going to have this type of project, there were two things they had to know — {1}they had to know that they would have control in designi�g the project and {2} know that they would have control over the management of the project indefinitely into the future• Mr. Kahn indicated that Golden Valley did control the design of the project from start to finish• In terms of management, what the City of Golden Valley did is in the zoni�g approval Canadian Financial Corporation received, that for all times the City Council of Golden Valley wo�ld control the management policies of the complex and if there was ever a time that Canadian Financial Corporation was doing something with that project in terms of management that the City didn't like, they could, through the Council, issue an order to have Canadian Financial Corporation change it. If the City didn't like the way the grounds were being maintained, if they didn't like the kind of programs that they were offering to the residents, if there were complaints from neighbors about something they weren't doing, all they would have to do is simply order them to take care of the matter and Canadian Financial Corporation would have to do it• � Planning Commission Meeting — April 2Q, 19?7 P�ge 6 Mr. Kahn indicated that the City of Goiden Valley also established a procedure where the Human Resources Commission would review the operation of this project on a continual basiso Four times a year � the Commission would review the operation. Twice a year they would make a report to the City Council as to how they were doing and if they felt that there were things that would have to be changed, they would make recommendation to the Gity Gouncil• The Council, zn turn, would indicate to Canadian Financial Corporation that such things were to be done immediately• . Mr. Kahn said that the City of Golden Valley has 6ecome so involved in this Project that Canadian Financial Corporation meets with a representative from the Human Resources Housing Community Development fommission, a social services director, and a resident manager and go bhrough applications and unanimously agree on who should live in each unit. He stated that in the instance of poor tenants, there was a court procedure whereby within 30 days, they could be evicted even if the lease had not expired- Mr. Kahn said that thev were not reluctant to do this• Mr. Kahn stated that he felt that this process�was one of the reasons that this project has been so successful- Mr• Kahn proceeded to say that because this project has been so successful, they would like to duplicate this idea in Fridley. He said that Canadian Financial Corporation would like to set up some arrangement whereby on a long term basis, Fridley, like Golden Valley, would be able to control the management of the complex and through Human Resources or Community Development Commissions {whichever manner Fridley decided to str�cture it} they would constantly be working � with management from the City in developing management policies and determining what kinds of people should be living in this project; and, in general, making sure that the Project is being operated the way the fity of Fridley would want it to be operated� Mr. Kahn continued with his presentation by explaining that all the Senior Citizen units would be subsidized• Under that program, the tenants would pay 25 percent of their monthly income for rent• This would mean that those tenants on Social Security payments of 44�0 per month would pay �100 per month for rent• Mr. Kahn indicated that the multi-family section would also be eligible for this plan• Mr• Kahn gave the breakdown of the multi-family units. There would be 4D one-bedroom units, 4� two-bedroom units, and 12 three-bedroom units• In closing, Mr. Kahn, said that some preliminary research had been done and Fridley has a relatively high degree of people approaching 65• Canadian Financial Corporation has found that when p eople retire, usually they want to stay in the community they have lived most of their lives; however, many times they are forced to leave because their ability to pay for housing had gone down, while housing and rents had gone up• � Planning Commission Meeting — April 20, 197? Page 7 Mrs. Schnabel asked about plans for single family dwellings on the r.�maining lots• ! Mr• Kahn answered that upon approval of the plans, there is presently a contractor interested in the remaining lots to build singie family dwellings• The price range of these homes would be in the $50-60,000 range• � � Chairperson Harris asked if the driveways empti�d onto Mississippi. Mr• Boardman answered that all accesses are on fifth street• The drop off/pick-up area in front of the Senior Citizen Building would be the only driveway onto Mississippi Street= Mr- Boardman indicated that he didn't feel that this would result in an extensive amount of traffic. Mrs. Shea expressed concern for the lack of a plan for tornado shelters.. Wanted to know if some provision could be made for such shelters� Mr• Kahn answered that shelters would have to could be approved= he assumed that some provisions for tornado be drawn into the plan before the proposal Mr• Bergman commended Mr. Kahn on the fact that many of the items of concern and considerations brought up at the Community Development Commission meeting of April 12, 1977, have been entered into the new plan being presented• He felt that, in deed, Mr. Kahn had an improved plan• Mr� Bergman asked Mr= Kahn how Canadian Financial Corporation had arrived at the size of the Senior Citizen building and the number of units it would contain- Mr• Kahn answered that Canadian Financial Corporation assumed that the height of the building would be a matter of concern in Fridley= Therefore, they decided on five stories, which because of the size of each unit, would best handle 104 units. If a need was expressed for more units, then it would mean they would have to add more height• The reason they wouldn't make the building longer is that it would be too far of a walk to the elevators for the residents living at the far ends of the hallways. Mr• Lagenfeld wanted to know the approximate turn-over in the Project• Mr. Kah� commented ehat in the Senior Citizen building there would basically be no turn-over. Generally, once a person moves into a Senior Citize� residence, they generally stay• He estimated that in the family dwellings, the turn-over would be about 30-35i per year. Planning �ommission Meeting -- Apri1 2�, 1977 Page 8 Mr: tagenfeld asked Mr. Kahn to explain the screening process• Mr. Kahn responded that the process would be whatever the City of Fridiey decided• It could be made the responsibility of the � Human Resources Commission or the Community Development Commission• It tould be handled the same as Golden Valley• Mrs• Schnabel wanted to know the breakdown of the 92 multi-family units• Mr• Kahn indicated that the larger building would consist of eight one-bedroom units and eight two-bedroom units. The two-bedroom units are two-story townhouses that will be 1,200-1,30D square feet- On top tif each two-bedroom unit ia a one-bedroom unit= The other buildings would be either two or three-bedroom units. The overall breakdown would be 40 one-bedroom units, 40 two-bedroom units, and 12 three- bedroom units. Mrs• Schnabel wanted to know about guest parking for the senior citizen building. Mr• Kahn indicated that approximately 1/3 of the tenants would have cars. There are 52 parking spaces available for the 104 units= Therefore, he felt that there would be ample spaces for the guests to park. He indicated that at the Golden Valley project, there are always plenty of empty space. He added that guests would enter from Fifth Street and then proceed to the Senior Citizen Building• Mr• Kahn continued that at the Multi-Family section they have allowed for one space and one garage for each unit. Not alI families will have two cars; therefore, again, there would be ample parking for ir guests• Mrs• Schnabel wanted to know if there would be a guest room in the Senior Citizen building for visiting families. Mr. Kahn indicated that in the past, when Canadian Financial Corporation asked the 3enior Citizens what they wanted done with extra available space, most of them i�dicated they would like to have a semi-medical clinic that would be available for them. The tenants felt that the utilization of the extra space would be more beneficial to them as a clinic than a guest room. However, Mr. Kahn, indicated that they would leave the decision of what to do with extra space up to the tenants themselves• Chairperson Harris wanted to know approximately how many children would come out of the multi-family area• Mr. Kahn responded that studies have come up with an estimated number of •7 chiidren per unit� Chairperson Harris asked Mr• Boardman if Prevention Bureau had checked the plans of the Senior Citizen Building• anyone from the Fire in regards to the height �. _ . � .�.�� Planning Commission Meetin4 — April 20, 1977 Page 9 Mr• Boardman answered that', there would be no problem handling the five story building= - � Chairperson Harris wanted to know if therP would be any scree�i�g process for the Multi-Family section• . Mrr Kahn responded that it would be the same as explained for the Senior Citizen Building• Chairperson Harris wanted to know what will happen to the rest of the R- 1 Zoned lots 18-22• Mr• Kahn indicated that they would be sold to another developer who would build single family homes.in the �50-60,0�0 price range- Mr• Kahn indicated that he noticed that there were many people in the audience who had been at.the Dover Hill Project in Golden Valley and he assumed they would have some questions they might want answered• Mrs� Schnabel wanted it to be understood that the reason the Planning Commission was not asking many questions wss that the Commission had been invited out to Golden Valiey to see the Dover Hill Project a�d many had gone and had asked numerous questions previously• At this point Chairperson Harris asked if there was anyone in the audience who would like to comment about the Project• �Mrs. Maddison of 7311 Oakley Street N•E. commented that she was very much interested in the Senior Citizen Building= She said shE was presently living in a Mobil Home. She presently had to do all the lawn work, all the shoveling, and general upkeep of the property• She felt that it wouldn't be long before she wouldn't feel like or be able to do all the work necessary• She said that there wasn't any place in Fridley a person could go to get this type of accommodations• The felt that Fridley should definitely consider something of this type for its Senior Citizens• Mrs. Gladys Peek of 1047 North Circle N.E. commented that the Senior Citizens would all like to remain in Fridley where they have lived for many years• She said that it was becoming increasingly harder to find an apartment that a Senior Citizen could afford• She saad she would be delighted if this building could be in Fridley• Mr. 3teven Takle of 6311-7th Street N•E• wanted to know what would happen if the Eederal 3ubsidy Program was cut back in coming years• What is being planned to take care of this problem? Mr• Kahn responded that before construction is even started, Canadian Financial Corporation would sign a contract with the 6overnment for 4❑ years, guaranteeing this rental subsidy program� Mr• Takle asked if there was a firm agreement with the contractor i to build the single family dwellings on lots 8 thru 22� Mr. Kahn said that yes, there was an agreement and the contractor was ready to go ahead as soon as the project was approved. Planning Commission Meeting — April 20, 1977 Pa e 10 Mr• Takle asked about the completion time, should the project be approved• Mr. Kahn said that he hoped to beqin construction this fall and � figured that it would be completed in about one year• Mr• Takle quoted Mr• Kahn as saying there would be one parking space and one garage for each multi-family dwelling• He wanted to know if any provisions would be made for the many things that accummulate in a family like bikes, wago�s, and other play thingsa Mr• Kahn said that this would be the responsibility of each family to keep up their yards• There will be policies made up governing this type of thing and the management will take care of the matters immediately. Mr. Takle asked if the 3enior Citizen and Multi-Family grounds would be kept up by the same people• Mr. Kahn said that yes there would be the same up keep on both grounds. Mr. Takle commented that there was a park close by and would there be walkways provided from the project to the park. He wanted to know who would be assessed for these walkways. Mr. Kahn said that they have not included this type of walkway to the park in their plans. Mr. Boardman commented that there would be walkways all around � and throughout the project. He said that there would be a sidewalk to the park, but that it would not be a part of the project. Mr• Boardman submitted a letter received from the County Commissioner of Anoka County offering the support of the County Board to the proposed senior citizens' housing project planned for the Wall property in the City of Fridiey. MOTION by Mr. Lagenfeld, seconded by Mrs• Schnable, that the Planning Commission receive the letter from Anoka County, Mike E• 0°Bannon, County Commissioner• Chairperson Harris read the letter. Upon a voice vote, all voting aye, the motio� carried unanimously and the letter was received� , Chairperson Harris said that the letter will go in a file to go to City Council. � Pianninq Commission Meeting — ARril 20, 197? Page 11 Mrs• Olive Hedman of 5695 West Moore Lake Drive commented that she had goRe out to the Golden Valley Project and sfie felt that the �Senior Citizen building was a nice, secure place to live- She said that there were a 1ot of high-rise buiidings for seniors, but none of them were in such a safe neighborhood as the one in Fridley• She said tfiat she really liked Fridley and would like the opportunity to stay here• Mrs. Helen Burtson of 1�91 North Circle N•E. said that she really couldn't add anything to what everyone else had said- She ,iust said that she would really like to fiave the Senior Citizen 8uilding• Sue Shelton of 5�0 Bennett Drive N.E• commented about the abundance of water runoff when it rained• She wanted to know where all the water would go• Mr. Boardman commented that with the development of this property they would be making it possible for the pond to handle a 50-year flood• He said that the purpose of the ponding area was to handle the water run off; basically a holding area for abundant water until the water could gradually run off into the sewer systemso He said that this would eliminate the need to completly update the entire sewer systems in the area• Sue Shelton asked if the Senior Citizen Building and the Multi-Family buildings would be managed separately or by one and the same- �Mre Kahn said that Canadian Financial Corporation will manage both areas• Mr• Schnabel asked Mr= Boardman who would be assessed for the storm sewer systemo Mr- Boardman said that the sewer system would be totally within the property itself= Mr. George Meisner of 373 Mississippi Street expressed concern about driving onto Mississippi Street from a driveway- Nis concern was from the standpoint of what another driveway will do= He also felt that a five-story building would have a negative impact on the area- Mr. Kahn didn't agree that it would be a negative thing� He said it didn't seem to produce any hostile feelings at all in Golden Valley and they have a seven-story Senior Citizen Buildingo � , _.�.:�. Planning Commission Meeti�g — ppril 20, 1977 Page 12 Fhairperson Harris asked Mr. Kahn if he had elevations of the buildings• ' Mr- Kahn showed the commission the exact comparison to the library tha� would be ri9ht next to the Senior Citizen Building� The arches on the library would be about 1/2 as high as the Senior Citizen building• klso he explained that the landscaping and grading of the grounds would be such that it would help neutralize any problems. Mr.Meisner wanted to know if the extensive grading involved would be included in the proposal and if it would be alI done at once• Mr. Kahn responded yes to all comments. Mr. Meisner questioned the security procedures that would be in the Senior Citizen building. Mr- Kahn explained that they would have a fu11 security system with intercoms and buzzers. The building would be locked at all times. The residents would have to go to the door to give addmitance to anyone- Mr. Meisner wnated to know if this was only an apartment compl.ex for the elderly or perhaps someCime in the future� will families be allowed to rent• Mr. Kahn responded that this would be an apartment complex for Senior �itizen ONLY. Mr. Meisner want to know the difference in regards to the special � use permits• Mr. 8oardman said that only hospital clinics, housing for the elderly, rest homes or senior citizen residences can be built in an R-1 Zone with a special use permit. Apartment compiexes cannot. Mrs• Joseph Tapsak of 510 Mississippi Street N.E. expressed concern far the children in regards to the pond• She wanted to know if a fence would be installed• She wanted to know how deep the water would be. Also she wanted to know if there would be something done regarding insect control• Mr. Kahn said they had no plans to fence the pond as they found fences were more of a challenge to children than a safety factor• He said that special precautions were being taken to have the pond have a gradual slope and no sharp drop offs. Mp• Boardman explained that the water would probably bP two to three feet deep except during a storm, at which time it would be considerably deeper. Any overflow of water in the ponding area would go into the parkings areas and gradually be handled by the storm sewer system. He indicated that actually they didn't anticipate this to be a frequent event• He felt th�t this method would be a temporary type of thing � that would have to be lived with• Otherwise, they would have to enter into a substantially expensive re-modification of the total sewer system in the area• Planning Commission Meetin4 — April 20, 1977 Paqe 13 Mr. Boardman also explained the capability of the ponding area to �ake care of 12 acres of water, one foot deepr � Mr. Kahn said that Canadian Financial Corporation would do whatever the City of Fridley felt was necessary as far as insect control• Mr. Boardman said that presently there was a plan in the proposal to keep the water in the pond from becoming stagnant� He felt that this could possibly tie in with the insect control for the complex• Ghairperson Harris asked what was presently being done in regards to insect control in that area• Mr. Boardman stated that presently nothing in particular was being done• Mr. Arvid Miller of 525 Bennett Drive N.E• asked if the storm sewer system is updated in the future what would happen to the pond area• Also he wanted to know who would handle this assessment= Mr. Boardman explained that if something like that was done, the project would handle their share of the expenses. Regarding the pond, the area would become open space in the projecto He said that the area would remain open space and not build on- Mr. Takle wanted a verification that the Senior Citizen building would be for senior citizens able to take care of themselves and �not a nursing home• Also wanted verification of the parking space available for the Senior Citizens• Also wanted to know about overflow parkin9 during peak visiting times. Mr. Kahn verified that the senior citizen building would be for people capable of taking care of themselves. He explai�ed that parking would be approximately 50 percent and that in Golden Valley, this anount of parking space was adequate� Chairperson Harris commented that since the County of Anoka stated that this Senior Citizens' housing would be in conformance with the plans of the County Library Board and the County Board of Commissioners, perhaps something cauld be worked out with the Library to utilize their parking area on special holidays {Christmas, Easter, etc} when the Library would not be open. A senior citizen from the audience made the statement that basically most senior citizens spend holidays with their childrer and the parking would probably be less of a problem on these daysa � Planninq Commission Meetiny — April 20, 19?7 Pa e 14 ,�r. Lagenfeld said that he went on the tour of the Dover Hill project in 6olden Valley and that he found it to be most impressive• He looked at locks and pounded on walls to check for hollow spots. He � said he was very nosey, more so than he figured Canadian Fi�ancial Corporation had expected• He felt that the construction of the Senior Citizen building was superb. He said tkat each room had a smoke detector and a central smoke detecting unit in the hallways; in other words he felt that as far as fire protection, this project couldn't be beat. He indicated that some people made comments as to this being a^high rise^. It seems that immediately a person would think of some kind of skyscraper sticking out like a sore-thumb. He didn`t think that that was at all true even with the seven stories in 6olden Valley• He went on to say that he tried looking at the project from the outside, putting himself in the position of a citizen of Fridley as to how this really would appear. He really felt that once completed, this project would actua22y blend in with the surrounding areas and would be an asset to the City. He indicated that many people think that the project will be subsidized, therefore that it would be sub-standard• Mr. Lagenfeld indicated that NO WAY• He felt this was a really beautiful structure. He felt that the City of Fridley would really be able to say they were proud of this projecte The city would be able to take pride in the fact that they were finally getting something for the Senior Citizens= He also indicated that we really do need this type o� rental unit in our community• There was applaud from the audience- Mrs• Schnabel indicated that for four years or more she has wanted � to see a Senior Citizen housing project in Fridley. She had always had the opinion that this particular piece of property would be ideal for this type of project- She reaily felt that this Senior Citizen plan has been a long time in coming= Mrs. Schnabel asked Mr. 8oardman if bhere were any plans regarding the intersection of Mississippi and University avenues as to improving it for pedestrian safetyo Mr. Boardman said that he felt that this was something that really Rad to be looked into• An observor from the audience came forward to add the comment that t�e intersection of Mississippi and Hwy 47 was scheduled to be reviewed• He said that many things were being considered such as turning lanes, improved pedestrian crossings, and possibly an overpass. Chairperson Harris asked Mr. Boardman if Staff had read through the Management Plan. Mr. Boardman said that they had. He indicated that Staff was in complete agreement with the plan as drawn up- The only point that needed more wording was the opening of the building for community Senior �itizen functions• � Pla�ning Commission'Meetinq — April 20, 1977 Pa e 15 Chairperson Harris asked Mr. Kahn if he had seen the list of Stipulations• •Mr• Kahn said that they have seen and read the listo He agreed to go along with all items• Mrs- Shea indicated that Mr. Kahn has been most willing to answer any and all questions that the members of the Planning Commission have had- She indicated that Canadian Financial Corporation has also been most cooperative to any concerns or ideas the members have had- Mr. Laqenfeld made the statement that the Senior Citizens living in the Dover Hill project seemed most satisfied. He also wanted to point out that this project would be centrally located• He felt that it was true that some problems would have to be ironed out, but he was most confident that the Staff and Council would be able to clarify everything. MOTION by Mr• Lagenfeld, seconded by Mrs. Shea, to close the public hearing: Request for a special use permit, SP �77-02, Canadian Financial Corporation• Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 9:10 PoMe MOTION by Mr� Bergman, seconded by Mrs. Shea, to recommend to City Council approval of the request for a special use permit, SP �77-02, Canadian Financial Corporationt per Fridle.y Citv Code, Section 205.051, (3), E, to allow tne construcL�on of housing far the elderly, on Lots �1- 7, and the Northerly 215 feet of Lot 24, Block 1, Alice Wall Addition, with special note that the special use permit for automobile parking on R-1 property is no longer required, and with the stipulations contained in an agreement to be considered by the City Council. Mr� Lagenfeld pointed out for the records that the Environmental Quality Commission was 100 percent in favor of this project� Mrs� Schnabel also wanted it mentioned that the Appeals Commission was in favor of this plan and were pleased to see the project come about= She had one question regarding the list of stipulations previously approved by the Planning Commission• She wanted to know if the additional stipulatio� regarding insect control would be added to this list or would that be acted upon by City Council. It was indicated that the additional stipulations regarding insect control would be incorporated by City Council= Mr. Boardman indicated that Canadian Pinancial torporation has gone over these stipulations and probably would be adding them to their proposal- UPON A VOICE VOTE, all voting aye, the motion carried unanimously� Chairperson Harried said that this item would be considered by � City Council on May 2, 1977. Plan�ing {ommission Meeting — April 2Q, 1977 . Paqe 1b 4• PUBLIC HEARING= REQUEST FOR A SPECIAL USE PERMIT, SP #77-03, BY BA R • BR TT UND� o permit e construc ion o wo up exes an or ou e bungalows, in an R-1 Zoning district {single family homes}, per Fridley City Code, Section 205:053, 3, D, to be located on Lot Z1, Auditor's Subdivision No=23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, Lhe same being 6431-33 East River Road and 6435-37 East River Road N.E. MOT24N by Lagenfeld, seconded by 3chnabel that the Planning Commission open the Public Hearing on the request for a special use permit, SP �77-03, by Barry C• Brottlund• Upon a voice vote, all voting aye, Chairperson Narris declared the Public Hearing open at 9:15 P.M� MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission read the letter to Mr• Harris dated April ZZ� 1977, from John W• Kimbler and Joyce E• Kimbler concerning the property located at 6431-33 East River Road and 6435-37 East River Road= Upon a voice vote, all voting aye, the motion carried unanimously� Chairperson Harris read the letter in opposition to this request. MOTION by Mrs. Shea, seconded by Mr• Bergman that the Planning Commission receive the letter to the Planning Commission dated April 11, 1977, concerning the property located at 6431-33 East River Road and 6435-37 East River Road from Mary Carda and Leo Carda• Even though this letter was a part of the agenda, Mre Lagenfeld felt � that the letter should be read for the benafit of the audience• The letter was read• UPON A VOICE VOTE� ali voting aye, the motion carried unanimously and the letter was received• Mr. Boardman gave the Commissio� a background of the request. He stated that the proposal is for a double bungalow/duplex to be constructed on Lot 11 {referred to agenda page 39}= The i�tent of the proposal is to divide the property into two parcels for construction of two structures• Mr� Brottlund was coming before the Planning Commission for a special use permit that will allow for the construction of double bungalows in an R-1 Zoned area. Mr• Boardman explained that both lots would be approximately 12,000 squre feet. The requirement for a duplex is 10,000 square feet; therefore, they do meet the requirements. Mr. Barry C• Brottlund was present at the meeting. Chairperson Harris invited Mr• Brottlund to speak before the Commission on this subject. �. Planning Commission Meeting — April 20, 1977 Page 17 Mr. Brottlund explained his intentions of how the construction would be done and approximately what type of construction he had planned for � the property. He said that the structures would be two units each. His plans are to make property values in the area benefit by the structures. He said that the units wouid be very attractive. They should do nothing but add to the attractiveness of the area• He went on to say that there are several plans available that will give these duplexes the appearance of being a single family dwelling- He did indicate that at this point in time he didn't know exactly what he will be building • � � Mr. Lagenfeld asked him if he had any plan at all at this time? Mr. Brottlund answered that he didn't have any plans at this time• Mr• Lagenfeld asked if he had any idea of any similar type of structure somewheres in our City• Mr. Brottlund answered that there were four such structures in the City of New Brighton, He said that he had been in contact with the single home owners in the area, some directly across the street. These people did indicate that when they first were aware of the units, they did show some concern, as I arri sure anyone would• However, since the construction of these structures, they have all been happy with the type of people that have been living in them, primarily owner occupied. Most have been impressed with the structures. Mr- Lagenfeld asked if he has looked into the feasibility of constructing single family dwellings. Mr• Brottlund said it had been considered• He said there are accommodations on the property to take care of either single or double family units. He said that he had looked over the area and felt that there was a trend for good looking, well cared for double family dwellings. Mrs. Schnabel wanted to know if Mr• Brottlund had an option on this land or if he owned it. Mr• Brottlund responded that he had a purchase agreementa Mr- Schnabel wanted to know if he was intending to build for sale of the property or if he was planning to lease them. Mr• Brottlund explained that he had {y} To market them to builders sale {market the land}. three different plans: that will build them for {2} Most preferable way, that he has contacted two builders that were most interested in putting up the type of buildings he had mentioned, for sale purposes• Planninq Commission Meeting — ApriZ 20, Z977 Page 18 {3} To put the structures up himself and lease them. Again, Mr• Brottlund indicated that he was most interested in . pursui�g the second choice- Mrs. Schnabel asked that since he has a purchase agreement on the property, that if he would hire a contractor to build on the property for sale purposes, who would retain ownership of the property• Mr. Brottlund indicated that the contractor would retain ownership• Mrs• Schnabel wanted to know if Mr. Brottlund was in the construction business himself• Mr. Brottlund responded that he was not. Mr. Schna6el wanted to know if he had any ideas, if he was to develop this property, if he would have driveway access onto River Road or would he plan for a turnaround on the property itself. Mr� Brottlund said that this was one of the things he discussed with Mr. Boardman. He indicated that this would definitely be a consideration since both lots are large enough to have turn-around areas• Mrs. 3hea wanted to know wh� owned the garage that is on the property• Mr. Brottlund said that it belongs to the present property owr,er � and that it goes with the property. Mr• Lagenfeld wanted to know what kind of landscaping, fencing, etc• he had planned to put on this property. Mr. Brottlund indicated that presently there is fencing across the front of the property from one driveway to the other driveway, about 15 feet from the curb. He indicated that the price range of this planned structure would be between �65-85,000 and that the cosmetic appearance of the property would be comparable to the price of the home. Mr. Lagenfeld asked if this particular idea was just a speculative venture at this time. Mr. 8rottlund indicated that, in part, it was a speculative venture; but he personally felt that it would be to the benefit of the area• Mr• Bergman believed that the total block in question was zoned R-1• • Planning Commission Meeting — Aprii 2�, 1977 Page 19 t�r- Boardman clarified that Lot 10 was zoned Commercial, however, that the rest of the block was, in fact, zoned ft-1a • Mr• Bergman wanted to know the Zoning of Block 12� Mr• Boardman indicated that they were R-1• Mr- Bergman wanted to know if there were any other duplexes in the area• Mr• Boardman explained that there were none east of East River Road• He said that there were some further down on East River Road. He then discussed the locations of present duplexes in the area• Mr• Bergman wanted to know if there were any hardship in Mr• Brottlund's request. Mr• Brottlund explained that he felt the lot was extremely large for a single family unit. He felt that two units, double or singie, would make better use of the land• However, he said that tfiere was no hardship involved• Chairperson Harris asked if there was anyone in the audience that wished to address the issue- Mr• Ken Hughes of 6424 Ashton Avenue N.E. indicated that he not only owns his lot bu� also owns lots 20, 21 & 22• He restated � that thie entire area consisted of single family dwellings• He felt it would be wrong to bring in any type of double dwellings• He wanted to know how much of Grand Avenue that Lot 11 included• Mr• Boardman indicated that half of Grand Avenue went to Lot 11 and half would 90 to Lot 22• Basically 27.7 feet would go to each lot. Mr. Hughes said that he was led to believe that when Grand Avenue was dedicated to be a street, that the land had been taken from Fridley Park and when the petition was approved to vacate the land, that it was to go back to Fridiey Park. However, when he checked with City Hall, no one could confirm this- Chairperson Harris commented that if this land came from Fridley Park, then it would go back to Fridley Park� nr. Hughes quoted from the legal description of the subject property .....together with the west half of vacated Grand Avenue, as dedicated in the plat of Fridley Park .•.•• Chairperson Harris indicated that Fridley Park MAY have i�cluded those lots on East River Road- Mr. Hughes believed that if this property was from the Park, then idouble dwelling structures couldn't be built• Planning Commissio� Meeting — Arpi1 20, L977 Pa e 20 ,-=Chairperson Harris indicated that the plat better be checked out• He said that as he recalls, this lot in ques�ion is a very old plat � and that the Planning Commission would have to go to the County and hope they still had �he records. Mr. Hughes felt that the building of these structures would definitely lower the real estete in the area. Also he indicated that since there were no parks or playgrounds in the area, where would the children from four additional families play. He said that presently the children in the area have to play in yards or in the streets and adding four more families would only add to the problem. Mr. Hughes wanted to know the required frontage for a double dwelling. Mr- Boardman responded thak Che required frontage was 75 �eet and that Mr• Brottlund was showing 76.6 feet on one and 92 feet on the other= Mr. Hughes asked if Mr. Brottlund would have the required square footage if half of Grand Avenue was not included• Chairperson Harris referred to Page 38 of the agenda and indicated that this was how it was registered in the County of Anoka• He added that if this was incorrect, it would take a Court Action to correct it and Mr• Hughes would have to bring this action- Mr. Lagenfeld asked Mr. Hughes why he felt that this type of dwelling would lower his property value• r Mr. Hughes indicated that if he was to plan to buy a home, he wouZd look for a home in a singie family dwelling area= He also added that he felt if two double dwellings were built in the area, it would only make City Council more apt to allow more to come in the future• Mr. Gene Emerson of 99 N�E. 64th Way agreed with Mr. Hughes and was against the proposed building of two doub2e dwelling units• He requested the Commission to consider the feelings and wishes of the people living in the area• Chairperson Harris said that the Commission would do this. �r. Warren Pa2m of 6421 East River Road said he was opposed to the building of the proposed two double family dwellings. He felt that Mr. Brottlund was very vague about what he is going to build• He thought that the Commission should make him be more specific as to what exactly his intentions were. i Planning Commission Meeting — April 20, 1977 Page 2y Mr• LeRoy Erlandson of 60 Mississippi Way wanted it clarified that the • wording of the request meant that there would be four families• Also wanted to know about whether the units would be single or double level structures• Mr• Srottlund confirmed that there would be four families• He indicated that he was leaning towards the split entrance structure� Mr• J• Cadwallader of Wayzata was there representing Mr• Brottlund• He indicated that he had gotten legal descriptions of tYie property made by the Minnesota Valley Surveyors and Engineers Corporation and he has found no restrictions on the property• He indicated that they were dealing with a piece of property southeast of the corner of Mississippi and East River Road• He said that in driving through the area he saw a considerable amount of multi-family apartments and such and the actual carner of Mississippi and East River Road has become commercial• Mr• Cadwallader felt that the area is really set and looking for a buffer zone between single family dwellings and multi- family units• He said that they were looking for a place to build two two-unit buildings� They have checked into this property and have found that they have the required square footage of land and also that they have the required front square footage• He said that they have looked into the access and egress from the property because of the fact ihat East River Road is quite busy• They felt that they have tried to meet all of the requirements of the City of Fridley• He said that they mere not looking for a rezoning, only a special use permi.t and indicated that if it would 6e necessary to tie �the special use permit to a particular type of building, then that would be a possibility• He indicated that the city has supplied this land with the necessary requirements for this to be a two unit site• Mr• Cadwallader wanted to make it clear that they are presently requesting the division of this property into two separate parcels and that the special use permit is for the separate zoning for a multi-dwelling and that the special use permit is not for the division of the land• He did not want this special use permit and the request for a lot split {item 5 of the agenda} to be considered together• Mrs• Shea asked Mr• Brottlund if he would consider putting up two single family units on this property• Mr• Brottlund responded that yes, consideration has 6een taken, but that it was o�ly a secondary consideration• MOTION BY Mr• Lagenfeld, seconded by Mr� Bergman that the Planning Commission close the public hearing on the request for a special use permit SP �77-03, by Barry C• Brottlund• Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 1�:�5 P-M• � Planning Commission Meeting — April 20, 1977 Page 22 �OTION by Mr• Lagenfeld, seconded by Mrs• Schnabel, that the Planning Commission deny the request for a special use permit • Sp �77-Q3, by Barry C• Brottlund •, to permit the construction of two duplexes/or double bungalows, in an R-1 Zoning District (single family homes); per Fridley City Code, Section 205.053, 3, D, to be located on Lot li, Auditor's Subdivision No. 23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-37 East River Road. Mr• Lagenfeld indicated that the grounds for denial are the facts that there are no apparent hardship, there doesn't seem to be exactness in the planning and since this is a special use request he doesn�t feel it conforms with the Statement that when a special use permit is issued, it must be subject to conditions — the conditions must conform to the following standards: to protect the public health, safety, convenience, and welfare• To avoid traffic congestion or hazards or other dangers 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• The reason for the denial request was that Mr• Lagenfeld felt that it was not in harmony with the area and does not protect the characters as stated• Mrs• Schnabel seconded the motion because she had several concerns• One was because the petitioner did not have any particular hardship• She also was concerned about the development of this property in that Mr• Brottlund has only a purchase agreement on the property and does not own it• Also that he has three different ideas of what he would � none being firm• It is because of these that she goes along with the decision to deny the special use permit• UPON A VOICE VOTE, all voting aye, the motion carried unanimously• Chairperson Harris declared the request for a special use permit SP #77-03 by Barry C• Brottlund be recommended to Council for denial• He indicated that this would go to City Council May 2, 1977• 5• REQUEST FOR A Solit Lot 11, as plated trvm of frontage� T, L-S •d• ilJ'� b Fridley Pa . 77-�4, BY BARRY er wi vaca e into two building C• BROTTLUND: sites each 76�66' Mr• Boardman commented that since the legal description of this lot was quite lengthy he had ta],ked to f7r- Brottlund and they decided that instead of a lot split, they would go Plat on the property. He also commented that with a notion of the possibility of a denial for the special use permit, he had asked Mr• Brottlund if he would still be interested in splitting the property� Mr• Brottlund responded that he was definitely interested in splitting the property• Chairperson Harris asked how they wanted to handle the request Mr• Boardman commented that if Hendrickson does own the portion of the vacated Grand Avenue then it is his right to sell• l J Plannin Commission Meeting — April 2�, 1977 Page 23 Y{hairperson Harris commented that there may have been a mistake in 'the vacation ordinance, and felt that the City Attorney should look � at it• Mr• Boardman pointed out that the plat would have to go through a public fiearing process• He indicated that he would start the process the next day- By that time they should have some indication from City Council regarding the special use permit so that when the plat comes through, we would be able to know what should be done as far as an R-2 or R-1 zoning• Mr. Brottlund made a formal request for the withdrawal of the request for a lot split. Chairperson Harris want the records to show that Mr• Brottlund was withdrawing the request for a lot split, L•S• 77-04• 6• PUBLIC HEARING� CONSIDERATION OF A PRELIMINARY PLAT, P•S• �77-02, REPLAT OP MARXEN TERRACE, BY THOMAS A• MARXEN the purpose eing to have the plat meet the new street pattern for the area• MOTION by Mr• Lagenfeld, seconded by Mrs• Shea, to open the Public Hearing on consideration of a preliminary plat, P.S� �77-�2+ replat of Marxen Terrace, by Thomas A• Marxen• Upon a voice vote, all voting aye, Chairperson Harris declared the public Nearing open at . 10:14 P-M• Mr• Thomas A• Marxen of 19958 Pineridge Drive N•E• was present• Mr• Boardman made reference to the Replat of Marxen Terrace on page 50 of the agenda• He explained that the cul-de-sac did, at the initial plating, extend past Marxen Terrace and cul-de-sac'o on the back properties to the east of Marxen Terrace• He indicated that opposition was received from some property owners regarding the cul-de-sac; therefore, the cul-de-sac was pulled off that area to where it is now within Marxen Terrace• Mr• Marxen commented that he had brought the land from Mr• Hall who had initiated this section about ten years ago with the dedication to this land of the right of way• Mr• Marxen said he brought the land five years ago and built a home on it• Mr• Marxen ended up selling this home and the adjacent lot to it on Onondago Street• However, he indicated that he still owned the back land• He indicated that there seemed to be no other way to make this into a paying project• Mr• Marxen pointed out that several home owners on the Stinson Blvd side of the area in question are opposed to Chis• They don't want it to affect their property• He pointed out that by moving the cul-de-sac as stated, it would not affec� their property• � Planning Commission Meeting — Apri2 20, 1977 Page 24 Mr• Boardman clarified that the request was to replat the cul–de–sac to the way it was originally plated• Also he indicated that the second request was for vacation request of the existing right of way described as the 50 foot right of way located between Lots 3, Block � and Loi Z, 81ock 2 and the south 50 feet, of the North 355 feet of Lot 6• Mr• 8oardman showed the members of the commission exactly what was in question on a drawing from the plat book• Mr• Virgil Ishaug of 1473-75th A�enue N•E• stated that he was entirely in favor of this particular replat• Mr• Boardman also wanted to point out that with the approval of this replat, they would also be approving a 30 foot setback on the back property• {Again, Mr• Boardman pointed this out to the Commission on a plat drawing}. Mr• Ishaug wanted to know how many homes this plat called for now• Mr• Marxen indicated that it called for three homes• Mr• Ishaug wanted to know if this was initially plated for multi–dwellings• Mr• Marxen said that it was aZl single dwellings• Mrs• Schnabel questioned the lot lines resulting from this• Chairperson Harris showed her the lines on the drawing they had before them• a Mrs• Schnabel wanted to know the approximate dimensions of Lot 6• Mr• Qoardman explained that it was 276 feet deep and 66•4 feet wide• Mr• 6ergman claimed that the Plat Book did not show the plat as dedicated• Mr• Ishaug wanted to know if that lot was vacated, would he be able to put trees a21 the way back on his property• Chairperson Harris responded that, yes, he would be able to plant trees• pt this point the Commission continued to look at the Plat Book and discussed among themselves the area in question• Mr• Marxen brought up the question of Re–Plat fees that he had to pay• Chairperson Harris informed him to bring this up with the City Council• �� -�� Planninq Commissinn Meeting — April 20, 1977 Page 25 �OTION by Mrs• Shea, seconded Commission receive the letter the charges for Re-Plat fees . Upon a voice vote, all voting the letter was received. i � by Mrs� Schnabel, from Mr• Thomas E of Plat PS 77-02� that the Planning Marxen reqardinq aye, the motion carried unanimously and MOTION by Mrs• Shea, seconded by Mr- Bergman that the Planning Commissio.n close the public hearing on the consideration of a preliminary plat, P•S- t77-02, replat of Marxen Terrace, by Thomas A• Marxen• Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 10:3❑ P•M• - MOTION 6y Mrs• Schnabel, seconded by Mr• Lagenfeld, that the Planning Commission recommend to Council approval of a preliminary plat, P.S� �77-02, replat of Marxen Terrace, by Thomas A• Marxen as proposed• �pon a voice vote, all voting aye, the motion carried unanimously• Chairperson Harris indicated that this would go to City Council on May 2, 1977• 7• VACATION REQUEST: SAV �77-�2 BY THOMAS E• MARXEN� Vacate the ex�st�ng riaht o taay or Marxen Terrace descri6ed as the 50' right of way located between Lots 3, Block 1� and Loi 1, Block 2, Marxen Terrace, and the South 5� feet of the North 355 feet of Lot 6, that part of said �ot 6 that lies within a circle whose radius is 50 feet and whose center is located at the SW corner of Lot 8 of said Auditor•s Sub• No• 108• Chairperson Harris indicated that the Commission had already discussed this and that Mr• Marxen wanted to vacate the section that will not be used• Mr• Bergman stated he didn't believe there to be any problems with this request• Mr• Boardman explained that this had been dedicated prior to this with Marxen Terrace• MQTION by Mr• Bergman, seconded by Mrs• Shea, that the Planning Commission recommendto Council approval of the vacation reouest, SAV �77-02, by fhomas E. Marxen to var.ate the existing right of way for Marxen Terrace, described as the 50 foot right of way located between Lots 3, Block l, and Lot 1, Block 2, Marxen Terrace, and the South 50 feet of the North 355 feet of Lot 6, that part of said Lot 6 that lies within a circle whose radius is 50 feet and whose center is located at the 5outhwest corner of Lot 8, of Auditor's Subdivision No. 108, Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris indicated that this request will go to public hearing on �une 13, 1977before the City Council. Chairperson Harris declared that the planning Commission would take a ten minute break at 10:35 P.M. thairperson Harris called the meeting back to order at 10:45 P.M• Planninq Commission Meeting — April 20, 1977 Page 26 8• CONTINUED: GOALS & OBJECTIVES: ACCESS Mr� Boardman indicated that all the goals and objectives had previously been approved• Mrs� Schnabel indicated that at the time they approved items A100 – A19�, however, there was no item A18Q• She said that there had been a mistake in numbering• The approval should have been for items A100 – A18�• 9• CONTINUEDe GOALS & OBJECTIVES� COMMUNITY VITALITY Mr• Boardman indicated that all the goals and o6jectivas had previously been approved, with the exception of item V15�� Mrs• Schnabel commented that item V110 had not yet been corrected• She said that it sould read •••• kind of activity ••• instead of ..•. the kind of mix •••• �r• Boardman presented to the Commission what he believed item V150 should read• ^Promote industrial and commercial efforts to provide- business services and employmen� opportunites to the residents through the encouragement of technical assistance in supporting their efforts to the extent that such proposals are reflected in area development^ Mrs• Schnabel indicated that it was business community that the City of their continued business in Fridley• Mr• Boardman explained his wording• her main idea to assure the Fridley wants to encourage Mr• Bergman wanted to know how we would encourage business growth and development to our residents• Mrs• Schnabel wanted to know how we would encourage a favorable climate for businesses� � i Mr• Boardman responded that a favorable climate can be extended to a degree when you have things like zoning restrictions, zoning code requirements, etc• He explained that the thing we want to do is to promote industrial development through the use of things we have available to them• Such things as technical assistance, etc• Mrs• Schnabel indicated that she wanted to go beyond those technical services in that she would like to see an atmosphere in the community that encourages businesses to stay here• � Planninq Commission Meeting — April 20, 1977 Page 27 Mr• Boardman agreed to change the wording "Promote an atmosphere that would encourage industrial � and commercial efforts in providing business services and employment opportunities to the resident in supporting their efforts to the extent that such proposals are reflected in area developmentR MOTION by Mrs• Schnabel, seconded by Mr• Bergman, to accept item U15D under Community Vitality, Program Objectives• Upon a voice vote, all voting aye, the motion carried unanimously- 10• APPROVAL FORMAT FOR GOALS AND OBJECiIVES Mr• Bergman indicated that he thought the format was great• MOTION by Mrs• Schnabel, seconded by Mrs• Shea, that the Planning Commission approve the format for goals and objectives• Upon a voice vote, all voting aye, the motion carried unanimousiy• 11� CONTINUED: PROPOSED MAINTENANCE CODE MOTION by Mr• Lagenfeld, seconded by Mrs• Shea, that this item be continued until May 4, 1977• Upon a voice vote, all voting aye, the motion carried unanimously• 12� CONTINUED: RECOMMENDED CHANGES IN CHAPTER 212, MINING ORDINANCE • Mr• Lagenfeld made reference to Item 212-05, Exceptions• He indicated that the unnecessary wording had been struck out and that it was recommended by the Environmental Quality Commission that this be submitted to the Planning Commission for approval• Mrs• Schnabel made reference to the situation that had just occurred where three boys were caught in a sand cave-in• She said that it was sand that had been brought in for construction of homes in the area• She wanted to know if the Staff had reviewed this item• Mr• Boardman indicated that the staff recommendation on the entire Mining Ordinance would be not to allow any type mining in the City of Fridley except if the party has a building permit• Mrs• Schnabel wanted to know if there were anl� safety precautions required in land alterations• Mr� Boardman indicated that since the same application is used for Mining and Land Alterations, the same safety precautions are required• Mr• Lagenfeld wanted to know if this recommendation would eliminate the �ining Ordinance• • Mr• Boardman indicated that that was the recommendation• � Planning Commission Meeting — April 20, 1977 Page 28 Mr• Lagenfeld wanted to know what would happen to the Ordinance presently in the Books• Mr• Boardman said that it was the opinion of the City Attorney . to eliminate this Ordinance• MOTION by Mr• Lagenfeld, seconded by Mrs• Schnabel, that Che Planning Commission accept this Ordinance as written and send it to the City Council for their recommendation• Mr• Bergman asked for clarification of the underlined words in 5-Operating Standards, {b} and the items on the last page• Mr• Boardman answered that it was done to denote a change on the final form• Mr• Bergman didn`t like the wording ^no less than^ in �12•07, 2 {a}. MOTZON by Mr• Lagenfeld, seconded by Mrs• Schnabel, that item 212�07, 2{a} will read ^within five feet of the right-of-way of an existing public utility• UPON a voice vote, all voting aye, the motion carried unanimously• 13• RECEIVE LETTEft FROM NEIGHBORS ON 45th and 2-1/2 STREEI' MOTION by Mrs• Shea, seconded 6y Mr• Bergman, that the Plannint; Commission receive the letter from the neighbors on 45th and 2-1/2 street regarding an addition to the garage at 4591 2-1/2 Street NE, Fridley, and its use. Mr• Lagenfeld made reference of the meeting where he told the neighbors to watch each other� UPON a voice vote, a2I uoting aye, the motion carried unanimously and the letter was received• 14• RECEIVE PARKS & RECREATION COMMISSION MINUTES= MARCH 28, 1977 MOTION by Mr• Lagenfeld, seconded by Mr• Bergman that the Planning Commission receive the Parks and Recreation Commission minutes of March 28, 1977• Mr• Lagenfeld made reference to Page 57 of the agenda, fourth paragraph from the bottom, in the motion by Leonard Moore regarding the Rice Creek Watershed District as to what was transpiring within the district• Mr• Lagenfeld indicated that whenever the date was set for the meeting, he would try to attend• • Planninq Commission Meeting — April 20, 1977 Page 29 Mr• Bergman felt that someone should have been at the Planning Commission meeting representing the Parks and Recreation Commission- � Mrs• $hea commented that each commission should be informed that they have a responsibility to attend the meetings• UPON a voice vote, all voting aye, the motion carried unanimously and the minutes were received• 15� RECEIVE APPEALS COMMISSION MINUTES= April 12, 1977 MOTION by Mrs• Schnabel, seconded by Mrs• Shea, to receive the Appeals Commission minutes of April 12, 1977• Mrs• Schnabel made reference to page 73 of the agenda, number 5, Recommendation on 8eer and/or Bar or Liquor License• She indicated that this article was acted upon and the Planning Commission was be requested to act on this problem• She continued by giving some background on the problem• The Pizza Hut on 57th Avenue would be applying for a beer license {defined as non-intoxicating beverage}. The question arose at the Appeals Commission meetinq whether or not the neighboring residents would have to be notified• The answer came as no, this was not required• It was the feelinq of the Appeal Commission that the Ordinance should be reviewed with ihe idea that residents within 200 feet of an establishment that is a�plying for a Beer/Wine/Liquor License should be notified• � Mrs• Schnabel ciarified that she was referring to on-sale licenses• She continued with her discussion• She indicated that none of the residents were even aware of the intention of the Pizza Hut to apply for this particular license• The Appeals Commission feels that these residents should have been notified that the license was being applied for• It was the concern of the Appeals Commission that this should be brought to the attention of the planning Commission with the idea that this be written into the Ordinance• . Mrs• Schnabel indicated that at any time, whenever an establishment planned to apply for licenses for on-sale liquor, that the residents should be notified• She said that especially as a parent, she would want to know if an establishment bordering on her property was to begin selling liquor• She felt that as a parent she should have the right to know what is happening that close to her home• Mr- Lagenfeld suggested looking at the Ordinance and see exactly what it did say in regards to this subject• Mr• Boardman looked it up• The ordinance indicated that no public hearing was necessary on a beer license, on or off sale• The Ordinance stated that in regards to Liquor Licenses, a public hearing should be held• Notification of the Public Hearing should be published in the newspapers ten days prior to the public hearing• ��w: -i►� Planning Commission Meeting — April 20, 1977 Page 30 M4TION by Mrs• Schna6el, seconded by Mr• Lagenfeld that the Planning Commission chairman received the motion of the Appeals � Commission concerning the review of the policy of the Beer/Wine/ Liquor �icense appiications of establishments in a residential area with the intent of notifying property owners of such requests and that the Chairman would pass this request to the appropriate Commission for their review and action• Upon a voice vote, aIl voting aye, the motion carried unanimously and the pppeals Commission Meeting minutes of April 12, 1977, were received• 16• v urES: MOTION by Mr• Bergman, seconded by Mrs• Schnabel, that the Planning Commission receive the Community Development Commission meeting minutes of April 12, 1977• Mr� Bergman made reference to the item at the bottom of page 6 of the minutes regarding the traffic related probiems on East River Road south of 79th Avenue N�E• Chairperson Harris sugges�ed that the Community Development Commission and the Environmental Commission study the intersection and come up with a recommendation as to whether there should be signal lights, turn lanes, or whatever appropriate safety features � should be located at that intersection� Mrs• Schnabel indicated that the original recommendation was to have a study of the traffic flow on East River Road from Osborne ftoad north to the City limits with the intent that some recommendation be made identifying potential traffic problems• Mr• Boardman was not sure that this item should be handled at this time• He indicated that an extensive study was going to 6e done on East River Road• Chairperson Harris indicated that he wasn�t interested in an entire study of East River Road; he wanted a recommendation as to what to do with the intersection of East River Road & 79th Avenue N•E• {proposed location of 7-11 Store}. Mrs• Schnabel indicated that the real problem is that there were more dangerous intersections on East River Road other than 79th Avenue N•E• Mr• Boardman commented that every intersection is a patentially dangerous problem• � � • � �hairperson Harris suggested that a proposal be put together with Staff concurrence• Qring the proposal in, make recommendations, and send it to City touncil• This way City Council would be to make a decision• He indicated that in this way the Planning Commission would be officially on record as asking for a modification of that intersection� There was much discussion by members of the Planning Commission regarding this subject• Mr• 8ergman suggested that City Staff get with the County to identify what their plans are as compared to what the City�s view is as to actually what should be at that intersection and then they present to the Planning Commission their recommendations rather than getting the Planning tommission involved in a rather broad objective- UPON a voice vote, all voting aye, the motion carried unanimously and the minutes of the Community Development Commission meeting of April 12, 1977, were received• MOTION by Mr• Bergman, seconded by Mrs• Shea, that the Planning Commission accepts the general attitude of the Community Development Commission, that they not study East River Road problems at this time• Mrs• Schnabel indicated that she was disappointed to hear this motion• Mr• Lagenfeld asked the Commission not to call a Special Interest Meeting• UPON a voice vote, four ayes one nay, the motion carried• MOTION by Mr• Bergman, seconded by Mrs- Schnabel, that the tapes be checked in regards to Mr• Bergman's motion on Page 6 regarding the approval of Special Use Permit SP �77-01 as to spetifically verifiying the request of the 15 stipulations• Upon a voice vote, all voting aye, the motion carried• The tapes will be checked• 17• RECEIVE HUMAN RESO�RCES COM MOTION by Mrs• Shea, seconded by Mr• Bergman to receive the minutes of the Human Resources tommission meeting of April 14, 1977• � Planning Commission Meeting Minutes — Apri�l 20, 1977 Page 32 �cChairperson Harris asked about the status of the public hearing on tenant/landlord relations — consideration of establishing a tenant/landlord committee• � Mrs• Shea indicated that it was going to be discussed again on April 26, 1977• Upon a voice vote, all voting aye, the motion tarried unanimously to receive the minutes of the Human Resources Commission meeting of April 14, 1977• MOTION by Mrs• Shea, seconded by Mr• Bergman, that a memo be sent to all Commissions before their next meetings, stating that elections are to be held• Upon a voice vote, all voting aye, the motion carried• ADJOURNMENT: MOTION by Mrs• Shea, seconded by Mr• Lagenfeld, tha� the planning Commission meeting he adjourned• Upon a voice vote, all voting aye, Chairperson Harris declared the Planning Commission meeting of April 2�, 1977, adjourned at 12:25 A•M• Respectively Su6mitted, � � C�� RY LEE C HILL, Secretary � • VUQLIC HEARIt�G • � ; ''� 3 fiEFORE THE PLAt1WIN6 COt�a1I5SI0N � TO VlHOf-0 IT �MY COt�CERN: Notice is hereby given that there will be a Public Nearing of the Avenuen9ortheastlon lednesday,yAprilr6,��1977nin�the�Council Chamber a*_�7e30�ty for t{ie purpose of: Consideration of a rezoning request, ZOA r77-01, by Gary Peterson, to rezone Lots 3 and 4, and Lots 22 and 23, all in Block 2, "eadormoor Terrace, from C-1 (local business areas) to R-2 (tti�+o fiamily dwelling areas), all lyir�g in the Idorth Nalf of Section 12, T-30, R-24, City or Fridley, County of Anoka, Minnesota. Generally located at 1326 and 1344 Osborne Road N.E. and 1331 and 1345 1?eadormoor Drive N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. � • Publish: March 17, 1977 March 24, 1977 � . RICHARD H. HARRI5 f,FtAI Rt�d1N PLANNING COi�SMISSION • � ' �R CI7'Y OF FRI�LGY �1INNIiS(17'A • • PL1lNNIhG AND ZO�ING POIL�1 Nu,fnr:rt �ZR �n �-ol �APPLICANT'S SIGNATIIRC = �.�_\\ frx:��--� Address %��+ii (/�iCn✓vi� I`� l-�'�d I-p� �J �nrre or• ar:Qucss n Rezonin� �� Special Use Pcrmit Telephonc NumUcr %�l0 -'' � �i � Approval of Prcmin- inary $ Final Plat PROPrRTY OISNGR'S SIGSATURG,-�_�i,�t �, ���� StrecYs or Allcy n Vacations Address%,3�iG �S�oY� "� �'r� � �`0`� . ather Telephone Mumber�� �� - Z � ��� C" Fee /��� Receipt i�o.,�/ / l P ) I__:�_y�xs+r� �33! mrrrommn. Gf"�.,. Street Locatio�i of Fxro ert � r ia�S Legal Description of Property �•r5 r�-�- Z 2��3 �'�C Z m�nnnk,�nn+a- %�R�2i1cE Present Zoning Classification C-I Existing Use o£ Property (�/,'Cf�.�,�� Acreage of Property � 2eo �y �'� Aescribe brieflp the proposed zoning classificatio! �— or type of use and improvement proposed_(.�-'Z.. ��T�o-F��M��Y �W��-�-r�� �Has the present applicant previously sought to rczore, plat, obtain a lot split or variance or special use permit on the subject site or part of it? ycs ,�' _no. IVhat was requested and tiahen? 77ie undersigned understands that: (a) a list of all residents and otianers of property witl�in 300 feet (350 feet for rezoning) must be attached to this application. (b) '1'liis application must Ue signed by all o�.ners of the property, or an esplanation given irhy tliis is not tlie case. (c) Responsibility for any defect in the proceedinos resulting from the failure to list the names and addresses of all residents and properCy o�Jners of property in qucstion, belongs to the undcrsigned. A sketcl� of proposed property and structure must be dra�an and attacltied, sl5otieing the folloieing: 1. t�orth Directior. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structurc, and front and sidc setbacks. 4, Street Names, 5. Location and use of ad}lcent existing buildings (taitliin 3D0 feet 77ie wtciersigned hereby declares that all the facts and representations stated in this application arc truc and correct. DATE ?_ - L � _ �� SICNA'1'URE � (L,� ,�. -r,Y.�� c�. � (ANPLICAi�"P) . . Datc Filed �';�,k � 7� n1t� of licaring �' �� /7 PlanninF Cosnmission Approvcd (datcs) Denicd_ City Comtcil Approvcd (dates) Dcnicd � �� MAILING LIST Planning Commission <�`��' City Gouncil ZOA �77-01 GARY PETERSON Lots 3,4,22,23 61ock 2, Meadowmoor Terrace Rezone from C-1 to R-2 Anderson Trucking Service, Inc. 203 Cooper Avenue North St. Cloud, 14n 56301 Ed Chies 7651 Central Avenue N.E. Fridley,Mn 55432 Sriar Homes, Inc. 8535 Central Avenue N.E. Minneapolis, Mn 55432 Lambert-Petersen 1917 Old Highway #8 New Brighton, N'in 55112 Mr. & Mrs. Dale Thorp 1376 Osborne Road N.E. Fridley, Mn 55432 � Mr. & Mrs. Fonald Frankhouser 1392 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Prescott 1406 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Loyd Erion 1412 Osborne Road N.E. fridley, Mn 55432 Mr. & Mrs. Patrick Maxey 1413 Pteadormoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Baerboom 14�1 Meadowmoor �rive N.E. Fridley, Mn 55432 Mr. & Mrs. Daryl Rollog 1391 Meado�nnoor Drive N.E. Fridley, Pin 55432 Mr. & Mrs. tVilliam Sharp � 1377 Meadownioor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. James Hanson 1371 Meadowmoor Drive N.E. Fridley, Mn 55432 ��� Mr. & Mrs. W. F. Thiel 7627 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Knoll 7613 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Bernard Heille 1418 Meado��nroor Drive N.E. Fridley, Mn 55432 Mr. & P1rs. ldalter �izako��rski 1402 Meadotiy�noor Drive N.E. Fridley, Mn 55432 ��ZZ&Z��iS. �� Mr. Larry Lee and P1s. Patricia Yon flosch }392 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Cnarles Lindman 1378 hieado�•:moor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Castro 1362 hteadoti�nnoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Ralph htelbie 134� Meado�•rmoor Drive P�.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Pavlik 7651 Meadowmoor Orive N.E. Fridley> Mn 55432 Mr. & Mrs. Richard Morin 7635 Meadotiy�noor Orive N.E. Fridley, Mn 55432 Mr. & Ptrs. Allyn [ieekman 7619 Meadoo,�noor � N.E. Fridley, Mn 55432 Mr. & t4rs. Roger f3auer 1359 76th Avenue N.E. fridley> Mn 55432 ZOA N77-01 Page 2 � • M. & Mrs. Marlyn Jeske 1367 76th Avenue N,E. Fridley, Mn 55432 Mr. & Mrs. Melvin Doolittle 1375 76th Avenue N.E. Fridley, Idn 55432 Mr. & Mrs. Vernan Larson 1383 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. William Holte 1415 76th Avenue N.E. Fridley, Mn 55432 6ary Peterson 136� Os borne Road Fridley, Mn 55432 City of Spring Lake Park 8429 Center �rive N.E. Spring Lake Park, Mn 55432 i � �� iIT \ . \•�, �, �!�!�G_Li GAIZY PETERSON, zon ri»-oi 3% I C-1 to R-2 � lJ/,'�; CO(rYE'R SEC. /��_ �— _ G�{3fd�Y �-0.AQ f���-:--EO° '�-"=�--�"�,_ ' O F G f 1� Y 0 F F R I G L � 1 ;�� '' i. r 1 �-:In . %.-`.`.�.,�_7_ _" .— n � i. is .� � i1 .�, iJ ��.. y o , ya � �,.r. ,, r� ,� r (' • � � /°i % i� �'1 /'! 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' _'.�P�!.•oL :fF . ,.. •,. .,�., .a :�,:,� ; � � »r � e � `��'�I .., ' h .. :.. _....-- - ---_ . �.'FIF-:E�517,: ��� L�i21V=J , --- „ � � .... - � (`.:. � . � i,I '�' ��� � . � • , ,� ' ... • j ...._� GJ :,�� f!�.it��-.•;r. 1�;. , `�'P'�f: �._ : ,=' � �:f"- ' ,..�, � ; 3 , ZI;2�': : ..,... `�::..,,.;: ;, ,..'�•`;=�;.: ..,, , : • • '� �' �,: � �;.�F. ... ,�`: ���. � � ...•�^ _r_ ���.::.. . �� ;� v�- :' � -----,. ,: «; -�✓, ,� 10 .. ' I, 7J lii :I`::�. � 'I ` ..,. ..; . ��_ i�� ��E'-�"fi�'6�"6G.'��"�' C�%' �lJE-��T��f 770�40TH AVCNUE N.E. COWM1tf31r1 HfiG��TS 55421 �ncne� �. [:�a�arc-� �.nr�e� ��ia��von � � 730 97G7 1 NQf1:OY GCitTIPY TNAT TNIp GUGiVEY. P{.AN, O:/ REPOqT VIA9 PRCPAf2f0 OY ME OR UN�[R AfY OIRLC7 LVP.fiV16fON l�HD TIIflT 1 AM I1 DULY (:LO�OTC�ICD LAND GUflV:'.VOR UMO�R TftE lAW'J Of THE LTATE Oi' M�MICOO�A oATr ' - �'�� -7;-. . ' SCALC� 1"= �(� � MlNP:CSOTA REGISTRA710N t�fJ. 5332 I 4 o= IRON h1GNUMENT rlor� �. �y�`.� �`�-�.;n4"='I : , :,,_, ���J +_'!=:: 4�.� i s.t-� _ ; � l`�`` — � � � :c -rl c :J _r_ i °': P.1' %� ' . , ; _ . - _ �e _. .^ _. _ . � _ _ . _ 1 � ----'�i ------ ` . ` I i 1 � �� '� � �;:1 �� { 1 1.,-. L ��i�: ��.2;� l � �- i / � � I -` ��� ��Y, — �� : � �. �� � � � =`� ---! I n___ � Z3 ,n i ;�j v� - ,�, -C�:J-- � �� u ����/��c�LC,, pc•`i—;� `11 1 � f __.,�_._.—_ ;�.� �� �.� . - E � 1 ', in�i "'< < � E { I i � :1.2�i ����=�1 :t �_. _ .-� _ _' y ,.o ,� �; � , �.1 ,, t���=s i�I �� I �. �•:, � ; i � I � i __ �=� - -�. � ZZ ,; i L' � ` } .,_.'__..�—�-__.._:?.._��_�_�_.��d _.__ � �,. > ':�'• �< < , � ; .• � �� � �, \ �' �� \�-`. . �� V��l.�,..�.�, l.t�l`.�1.., ,_�\''iv� '`� .".� i�� L_CT:> _ �;: _ ; .._-� , , c� ������.; e�r<<�_,. � l�'�lD�'l-� � t,�:'-5'�{' 1� � ; l',1.s�i:,�, `- .., :.� i: � • •; - :.._. . .�..., :—� . ,> �--,�• �l-� .,':,-,,_..4 LFIMBERT PETFRSEN, INC. 1360 Osborne Road . Fridley, MN 55432 April 12, 1977 Mr. Jerry Boardman Planning Department City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Soardman: Regarding our rezoning request for Lots 3-9 and Lots 22-23, Meadowmoore Addition; we would like to request that the date of the hearing be rescheduled from April 20, 1977 to May 4, 1977. Thank you for your help in this matter. • GAP/njc . Yours truly, �� d ��� GARY ETERSEN �y : BRIAR H4MES, INC. � RICFiARD 5. CARLSON 7691 OLD CGNTRAL AVE. N.E. FRIDLEY, MINNESOTA 55432 April 21, 1977 I"s, derry Eoardnan Flannex City of F�idley 6431 lJniversit,y Ave, i�.E. Fridley, I•�TI. RE; I�ots 3- 4 and Lots 23 - 2�+, P�:eadowmoor Addn, Aear tj,r. Boardman: This is to in.°orm ycu tnat, as Lh° o:�r.^.e^ cf ±he c£fice building located at 7691 Cld Central Avenue P1,E, in Fridle;�� � I am not opposed to rezonin� the area for double bungalo�:s. In fact, I feel that building douLle bungalows on these lots would create a very nice buPfer zone between the residential and business areas. RC:ks � ir.c erely, � � t J-- Richard S, Carlson T� April 21, 197? � Mr. Jerry Boardman Planner City of Fridley b431 University Ave. N.E. Fridley, t�N RE: Lots 3- 4 and Lots 23 - 24, Meadowmoor Addn. Dear Mr. Boardman: This is to inform you that, as the owner of the office building located at 7651 Old Central Avenue N,E. in Fridley, I am not opposed to rezoning the area for double bungalows. In fact, I feel that buildinq double bungalows on these lots would create a very nice buffer zone between the residential and business areas. � r_ � Sincerely, ' t/ � ' � . � � �� - �`�+-- EDWARD CHIES EC/njc � ��� � � PUt3LIC HEARING BEfORE THE PLANNING COMMISSION TO WN0�4 IT MAY CQNCERN: NOTICE is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 4, 1977 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a Proposed Preliminary Plat, P.S. if77-03, Iwen Terrace, 6y A. T. Gearman, being a replat of parts of Lots 3, 4, and 5, Auditor's Subdivision No. 25, described as follows: All that part of Lots 3, 4, & 5, Auditor's Subdivision No. 25, Section 24, T-30, R-24, Anoka County, Minnesota, lying l�est of the East 672.73 feet thereof, described as beginning at the Northeast corner of said Lot 3, thence North 89°66'39" West along the 1lortherly iine of said Lot 3, a distance of 1281.63 feet to the actual point of beginning or the land to be hereinafter�described; thence Southerly 1°15'45" Easterly 200.43 feet, thense Westerly at.right angles a distance of 50 feet; thence on a tangential curve to the � Southeast, the radius of which is 68.44 feet and the chord of said curve bears South 13°49'09" Easterly a distance of 30 feet; thence Southerly 62°49'Z7" West 76.79 feet more or less to a point on the South iine of said Lot 5 a distance of 1393.62 feet Westerly from the Southeast corner of said Lot 5, thence Easterly along the South line of said Lot 5 to a point distance 672.73 feet West from the Southeast corner of said Lot 5, thence Northerly along the West line of the Easterly 672.73 feet of Lots 3, 4, & 5, to a point on the Northerly line of said Lot 3, a disiance of 672.73 feet West from the Northeast corner of said Lot 3„� thence Westerly along the North line of said Lot 3 to the actual point of beginning, subject to restrictions, reservations and easements of record if any, and a11 that part of Lot 2, Auditor's Subdivision No. 25, lying West of the Easterly 650 feet thereof, North of the 5outh lin� of the North Half of the Northwest Quarter of the Southwest Quarter of Section 24, T-30, R-24, and its extension, and South of the South line of Lyndale Builders 6th Addition ,(except that part lying West of the Easteriy 1580.4 feet thereof.) (Together with an easement over the Northerly 7 feet of the lJest 248.76 feet thereof of all that part of Lot 3, Auditor's Subdivision No. 25, lying West of the East 650 feet thereof, North of the South line of the North Half of the Northwest Quarter of the Southwest Quarter � of Section 24, T-30, R-24, and its extension and South of the South line of Lyndale Builders 6th Addition. (Except that part 7ying West of the East 15II0:4 feet thereof.) All in the South tlalf of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. �_ , ,� Page 2 Proposed Preliminary Plat P.S. �;77-03 Iwen Terrace Generally located immediately South of the 1000 alock of Lynde Drive N.E., Fast of Polk Street and West of M Fillmore Street N.E. Anyone desiring to 6e heard in reference to the above matter may be heard at the above time and place. Publish: April 20, 1977 April 27, 1977 . � RICH�,RD H. HARRIS CHR 1.°.,'J',P� PLAt;'r,'IIJG COMMISSIO�� �� NUh1f3LR �) ��%7-�� ci�rv ar• r•�uui.ev rtii�av�so•rn PLANNTNG ANU ZONTNC I'Otthf �1 ! APPLICANC'S SIGNA'lUttL' �;` T. ���1%�1�{F}� . naar�ss /���_s �Jt�lrv t''-.��. �v. F i C� �� �, �u,�y� TYP1i Of� RGQUEST Rezoning Special Usc Pennit Telephonc humber �� (�� 8!0 1' �_ APProval a£ Premin- inary T� Pinal Plat PROPERTY OI�i:CR' S SIG�ATURL�, �� p�ll/ZNt+4'� � Strcets or Allcy ��a� v �`� � JQ � � Vacati ons Address�p _ • Othcr Telephone Number �_%%�- � g�� , ,,� � `��; S��/S � j� ' Fee.�/�% Receipt ho. a Street Location of Property.� T��� - SLr`� 1'� �Mo �+. Legal Descxiption of Property Prescnt Zoning Classification Acreage of Property Existing Use of Property Qo`c. lescribe Urief-ly the proposed zoning classification or type of use and improveme�zt proposed \�Si � Has the present applicant previouslq seuglit to rezone, plat, oUtain a lot split or variance or special tise permit on tlie subject site or �part of it? / yes�no. 1Vhat was requcsted and when? _ _ __ _ The undersi�ned imderstands that: (a) a list of all residents and owncrs of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) 1'liis applicztion must Ue signcd by all o�aners of thc property, or an e�planat.ion given �ehy this is not the case. (c) ResponsiLility for any defect in the proceedings resulting from the Pailure to list the namcs and addresses of all resi.dcnts and property o+,�ners of property in question, Uclongs to the m�dersigned. A sketch of proposecl property and striictiire i��ust be dr��cn and attached, slioiai�ir tlie follo�aino: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimc�tsions af property, propotcd �Lriicturc, and fro�it and sidc setb:�cks. 4. Street Names. 5. Location and use of adjacent eaisting buildings (within 300 fect). Ti�e undcrsigncd hcrcUy decl�res that all tlic facts nnd representations stated in this application are truc :md corrcct. UATL SIGNAI'URC-. T�- ' (APPI.IC,1+7]') Date Filed Dt�tc of Ilcari Planning Commission A��provcd City Council Approvecl (dates) llcnicd_ (dates) Denicd � � n L� � MAILING LIST P.S. #77-03 Iwen Terrace for G. T. Gearman Capitol Contracts, Inc. 790 Cleveland Avenue South St. Paul, Mn 55116 Mr. Arvin Gearman 1001 HilTvrind Road N.E. Fridley, Mn 55432 Wheelock Enterprises 6225 University Avnue N.E. Fridley, Mn 55432 Mr. & Mrs. Elmer Palen 941 Hillwind Road N.E. Fridley, Mn 55432 A. T. Gearman Pine Tree Lake Road White Bear Lake, Mn 55110 Real fstage 10, Inc. 4725 36th Avenue hlorth Minneapolis, Mn 55422 Mr. & Mrs. Raymond Sullivan 5525 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Lorne 0'Donnell 5509 Central Avenue N.E, Fridley, Mn 55432 Mr. & Mrs. Roger Frank 5512 Fillmore Street N.E. Fridley, Mn 55432 Mr. & Mrs. Daniel Sullivan 1161 Regis Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Rignell 1171 Lynde Drive N.E. Fridley, Mn 55432 Planning Commission �� City Gouncil Mr. Norman Larson 1161 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Arnold Ervasti 1151 Lynde �rive N.E. Fridley, Mn 55432 Mr, & Mrs. Kenneth Tique 1141 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Dudley Persons 1131 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Dominic Colotti 1121 Lynde Drive N.E. Fridley, Mn 55432 Mr, & Mrs. David Lyon - 1111 Lynde Drive N.E. Fridley, Mn 55432 Mr. John E. Hurajt 1101 Lynde Drive N.E. Fridley, Mn 55432 S %/"�% Mra & Mrs. Wesley Holmquist 1081 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Terrence Weglarz 1071 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Dahl 1Q61 lynde Drive N.E. Fridley, Mn 55432 Mro ' Theodore Franklin & Delores 1057 Lynae Drive N.E. McCarty Fridley, Mn 55432 Mr. & Mrs. Charles Beckerleg 1�41 l.ynde Drive N.E. Fridley, Mn 55432 Mr. & t4rs. Norman Rausch �031 Cynde Drive N. E, Fridley 55432 . Mr. & Mrs. Walter ����� Jones 1021 Lynde Orive N.E. Fridl �y, F1N 5543"Z i � Mr. & Mt•s. J?sper Jensen 1011 Lynde Drive N.E. Fridley, Mn 55432 MR. & 14rs. Larry Russell 101�l Lynde Drive NoE. Fridley, Mn 55432 Mr. & Mrs. Donald Holley 1130 Lynde �rive N.E. Fridley, Mn 55432 Roy C. Graczyk 1120 Lynde Drive N.E. Fridley, Mn 55432 Mr. Peter Wojtowecz 1110 Lynde Drive N.E. Fridley, Mn 55432 Ms. �elores ORR 1100 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Johnson 1070 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs< Robert Prois 1060 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Walter Hansen 1050 Lynde Drive NeE. Fridley,Mn 55432 Mr. Neil M, Allen 1040 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Peter Dupay 1030 Lynde Drive N.E. Fridley, Mn 55432 Ms. Cathy Benson 102Q Lynde Drive N.E. Fridley, Mn 55432 P•S. #77-03 Page 2 Mr. & Mrs. Harry McKinley 1�10 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Jerone Johnson 1000 Lynde Drive N.E. Fridley, Mn 55432 Lynde Investment Company 990 Lynde Drive .N.E. fridley, Mn 55432 Lynde Investment Company 9801 Oak Ridge Trail Hopkins, Mn 55343 �� �? � -, x: �ir< ��k. �oa�� � - � : % ,, «. a�. / �° � 7, .,'�s,. '`� P,° �„ L S b "t ..5� � A •, 21ve.e. y . �J,,J.�� ����(,a; p��y_� � �� . Y 19 . • e!�[ /`�..�} ��i�s_ � 1/1.LI�ITIQIY�'4 �.". r� t��tL �..._ � D9s �� ,e� ii-. � i• � tt C�g [I I Si t! �/ ri 1� \ Y�:.: � ' , n � . ... . . , . �� ir r (r!'��. ii »- r, < �\ !�� � . 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' �� I� �.'/4:1ry �"� �4h��w_(.♦ � {. • . � �� I •` I �� !' � l� 9 �.. I , �Li ' � :'o � �I��%7 ` Y , . � ��_-.,_ � `v ^ � v' � - " F�sr . � a I � l��C� ' -.� -_—..� i�1 ' � �� y ! y'`-�a - . ; 4 _ M \ t . ._ , . - .....,. •- .• � . . - - :. , _ _ I J 1 .,��»---�--:. r� �� Ii. :O �`.I. I , , _-�:, .,,.,, . , _ -�-- .. .__ ^ ` ', - -._.._/y,...nq;y , � �N___ - Jj J �l� , U ,' , , ,. ;r------ : ----�-------1 . -. `A � 0 � � �� \ `l o ��� 2- �' �, y.✓ <J �J% O ry,'�y`\ S ~Y �' �� � � � � �� 7 I � ' `� l` J '. <`�' I ' ` -� 7 � ' 'i 1 J � �. ��° --�= - -----�--� � --. �-�,: -- .. . _ _ � p ��,, �'/�_�� � J ""✓ .���1��__'_ _..__ ,i �� f� ��'•,� . ..� . , .. . , � � ' - '30.0�� � 4, � �' , � � �: ; ". � c j �', ' _ �� � � � , . i " �,:' �. •-;� : , �;. .; �:. � �:�; JI � �I)� �J� ��� �� _ CL l.l:.i � ) "i � �t �� 1 � _� � . s� ._ .� ��, �,,. '' � ��; �, ( j� � :�, �r q� �l] v� � �_! _� � 1 I d � �, � :- + 1 ,. ,� ��--' '1,`_�; ��' � 9 0 �, i� -� ; , � ; �' �r"� t { ` � �, <<, ;� � a� � �i e'�„��i f...� �: --�_I �i `<'_ ---^� r . �----I �=J �\ V V ��/\ q o i: \ � C'� C �' S , -c .., , \ ',� � `_ : ;� ; FS „� . . � '. _ r. ♦ � � s� C= .1 1� •,� \ �� � , : tx.�� .c ti . . � ...,-�. �0 � �v I• G���� �vC� � ��� � � ��. ,�� �, �r � PUBLIC HEARING BEFORE THE PLANNItJG C0�4MISSION TO WHOM IT MFlY CONCERN: �� Notice is hereby given that there will be a Public Hearing of the Planning Commision of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 4, 1977 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Proposed Preliminary Plat, P.S. �77-04, Norton Avenue Homesites, by Wyman Smith, being a replat of Lot 13, except the Easterly 200 feet, Auditor's Subdivision No. 89, to be developed as single family dwellings, iocated in tne South Half o` Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Genera?ly located on the South side of Norton Avenue � where.it intersects with Central Avenue N,E. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: April 20, 1977 April 27, 1977 • RICHARD H. HARRIS CHAIRMAN PLANNING COM�4ISSION CI'i'Y Oi' PRIDLtiY htINNGSO'I'A ��S� � J•b� LANNING hND ZONING i'Oitht Nll�fBLR � r. • APPLICAN7''S SIGNA1URli v n"�'L-�L%� Address��'� ' � ���'�/ Telephone Number_� �� j y f i • PROPHR7 Address Tclephone Number Street Location of Property �.tr��I��W `+ ('�`�,� �v 'f'YPE Or i2CQl)EST Rezoning Special Usc Pcrmit �/ Approval of Prcmin- inary F, Pinal Plat Streets or Allcy Vacations Other � Fee ���U _Receipt Legal Pescription of Property�� /� �� lGf� Present Zoning Classification � Existing Use of Property Acreage of Property No.�`i�10� i ?�-�tf>� G a �d DescriUe briefly the proposed zoning classificatien Cy, �- / w .r or type of use and improvement proposed i" '�""-'�� ��`-'l j : � �Q�w ,� I ( �C� ,�:a �. :%-.�.� /�rrr�._¢�—o'�....ss t r --� Has tlte present applicant previously sought to rezone, plat, o6tain a lot splitf� variance or special use permit on th s l�ject siYe or part of it? � / no.J 1Vhat was requested and when? ���''��� ` � Ail�-� �. � � ° ��.� - ��J .�-.Z'.�.'s'.�"a_'? I%_ - �.�yy-: TFie undersigr.ed understands that: (a) a list of all residents and oi��ners of property within 300 feet (350 feet for rezoning) must Ue attached to this application. (U) This a�>plication must Ue signed by all nwners of thc property, or an esplanatio�i given ���liy this is not the case. (c) Respoiisibility for any defect in the proceedings xesulting from thc failurc to list the names and addresses of all residcnts and property otirners of property in qucstion, bclongs to thc imdersigned. A sketch of proposed proporty and structure must Ue dra�rn and attached, showing the follo�.ing: 1. North Direction. 2. Location of proposecl structure on the lot. 3. Dimensions of property, proposeil structure, ancl front and side setbacks. 4. Strcet �ames. S. Locntion and use of adj:icent existing buildings (withiii 300 feet). The undersigned hereby declares that all the facts and representations stated in this &pplication are true and correct. � anr� Gf �,j�'7� sicNnTUr,r: � (A PP L I CA\'I' ) Aate 3�ilcd /l � Datc of flearing • Planning Commission ni�r�•ov�a City Council Approved (datcs) Uenicd (dates) Denicd � MAILING LIST Norton Avenue Homesites P.S. �77-04, Wyman Smith Wyman Smith 1250 Builders Exchange Minneapolis, Mn 55402 Onan, Inc. 1400 73rd Avenue N.E. Fridley, 14n 55432 Medtronic, Inc. 6970 Central Avenue Fridley, �4n 55432 Planning Commission 4-21-77 City Councii Mr. & Mrs. Earl Dunbar Bldg. 1245 Norton Avenue N.E. Fridley, Mn 55432 Ruth J. Norton 1251 Norton Avenue N.E. Fridley, Mn 55432 Tri Co. BuiTders N.E. 7555 Van Buren Street N.E. Fridley, Mn 55432 WaTker & Curry 137 Lowry Avenue North Minneapolis, Mn 55411 Rustic Oaks Corporation 212 South 6th Street � Minneapolis, Mn 55402 Tillie Berlund 7112 Central Avenue N.E. Fridley, t�tn 55432 D. W. Harstad Company, Inc. 7i01 Highway ¥65 Fridley, t�in 55432 Mr. & Mrs. Robert Rosecrans 1363 Norton Avenue N.E. Fridley, Mn 55432 Mr. Jerry Sympson 1175 Norton Avenue N.E. fridley, Mn 55432 Mr. Charles Brent 1215 Norton Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Harry Dettmann 1239 Norton Avenue N.E. Fridley, Mn 55432 • Ms. Joan King 1301 Norton Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Dale Norton 3434 West 60th Street Chicago, I71 60629 Mr. & Mrs. Ellsworth Burkstrana,� 1200 Norto� Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Daniel Mabel 1214 Norton Avenue N.E. Fridley, Mn 55432 LeRoy Smith 949 44th Avenue N.E. Fridley, Mn 55432 Dr. Pete Sakamoto c/o Wyman Smith 1250 Builders Exchange Building Minneapolis, Mn 55402 d� t„-�._�� _ ��e �_-.� �; -- Z��.o.'-3fi€�391t1--�,- . . _ ^_ ,�..<I� �,��?'� �ry ,� �y I �� i E ` o �h b. ���' 1 \� � � ��:K «�.��' ti .; V aX�� a� .J �' ��� � �\ � �p��e � c � �4. 3t� �. .� �� ��'� o\ � � � `�V �� :� ��� �- =� r ��� �i� � .� � V � tl . b 8 ` � y E a wh . �,e �' � n � � y� e .� e � hpyoo ; � "� � d n h . haQp� T �v�b.,ry, h �° � \�p \ r. Q �� a V � `�� V � o N �i i �� � � I � C ~ : -. a g � � ^: � `a i ��°,v Q ,� e @: / � � � / � , � j ; � jl�. ; r�f�f�'=�-h4.N---(�fif--�3iifiS—�1��!'f�fl3} 1` (i! �'o , �' , ,� , ; b : cO o ,r �, / � 1�i Jr t � �`� y � . � f � : .�, � 1 t �� . j ! / .� �c . �� � /�r i 0 p�_ :�� � r1 . _—� � ... _^ � ��� �' i � i '� ._I '.. � P,o` ! � ' i , �.R; j , r, � ���` 0 � ,� n o�e; �'� , i , l i . i� : � � �I C� ' �� I �`�� �°. ' i �v �—_. �. , fs�� J 1 n ''� - ' ua{�yd' : p.,� :.j . �� ' � / ' � i' 4 c :� . � L' Vr�oa�3 -L{i� O('�i � � ( v � `.� �SBA� _-.e�'� ��' � � �� ����� � � � �(� �� � ' /;' �}�,, l c yW e, ': / I�)��� V- i ` `� _ _; � / � l. � � �y � h � � , / / .o ^ �i� ' ' � - � _ _ � �� �s�:, , , j o �d�, � 0 � � � �9 / �Q, • �_' .a.a �� � x :. }: �: � � � � n�r n Y :'?':%! S ytfi' � o � i �4p . }�wi�d �' � � r M • N (ma� � � r); Q � f \ 0��;�w�:-��- j , / r � m -s :_ : 3a ��-d^r� ��l � o ) — — ""�.� o i / 1 � ° u 1 O �� �II . iK'tw ^4*x�j ��`yJ=�r '� ' (��/, (ovc� �' � � � j (, s= � Y u � � � I • �� � I ; O' , d' '�� � � ., �-- � 2 I , � + � z � `� ; � i `�^� ai � � i �\� `3 ,� � I I ' '�"'�. a ('°� �� : I 1 , °� — .. ... � � . . _ --�.�f�R�-1�3f H � � –,�- . � — i �MN�/ `�GlL7' �\"�--' � � �-.•� _. � � _. �e�I �, : .ff.��eM1 . � � p.. � . �y �, %Q � 0.' u r, _.. C� -�.L�. - . . ._ � ,�- _ . r,._.-.-.---_�_; ; ti v I y y � �V ��� 0� e E� 0 b,� '6.� � � N � b � tiU � � u > Q � 0 �#-- � 0 � . sr � 11 1 � � � � �3 � �1� �h+��,G�. �". p��-�r.c� �c,d , �� % '�S— �z���-=� �-u.. s� �. v�-�-c�/ � �r � -�-�-���- ,5� y ��z_ G��' �-? �i � p 7� q ,�/ , � f 2�,.,.? .�,.v f�LS-ztt�� L� �-� � �(r'-L=.c�yCei j�•��� l� � '� � �� �� 7�1�. Z��«�� �,�� ..-��z.��,,, ��e-�� ` ��e- - � � �� ���� 1� G�� ��, 0 y .� �� �. - - � I � � 1 � ' � secrxou ,nn.o�, soa+zl ORO[HAIICE�NO. 618 AN ORDItlANCE AI•1[�1DING Ck1APTER 508 OF THE CITY CODE OF THE CITY Of FRIDLEY RELATIPIG TO PARY,S�AND PpRK41RY5 THE CITY COONCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLONS: SECTIOH 1. Section 508.02 Definitions, is amended to read as follows: 508.02 Definitions i — --- � The word "Conniission" as used in this thapter is hereby defined to mean � the Parks and P.etreation Comr�ission of the City of Fridley. And the term "Parks" means parks, parF.o-rays, play9rounds, recreation fields and buildin9s, lakes, streanis rivers and beaches therein and all public _ service facilities wnduc[ed on grounds, buildin9s and structures in . the City of Fridley e�hich are under the control of the Parks and Recreatimi Conrnission exc�t_ that the pro��ision of SOG.21 reqardinn ; Alcoholic Bevera�e_shall a�l� co all City_, Zou�iiy e.nd other �pu611c • parks urithin the Cit ,y o-d;r_ther or not under the confrol of the ParY.s � and Recreation Cor�nission_ Insofar as this Chapter relates to beaches, - it is to be construed as 5uppleieea:ary to and not to supercede the � existin9 provisions in Chapters 50? of the Code. t � � r\ • SECTION 2. Sec*_i�n 508.21 Alcoholic 6�vera�e, is amended ta read as follows: 508.21�Alcoholic Beveraqe It shall be unlarrful for any person to have in his possession or to consume any intoxicating liquor or nonintoxicating malt liquor in or upon any City, Countv or �rhor oublic park, park��iay or batfiina beach within the City except as yrovioeo v� su6division 1, 2 and 3 belovr. Subd. 1 Not withstanding lao-is to the contrary, pos:assion and consumption nf nonintur.icatin; r�31t liquor is per�nitted in Locke Park. Subd. 2 The City Council may nrant permission to consume non- i�toxicatiog a�alt liquor in City, County or other nublic parks to neighborhood m-oups. Subd. 3 kot oiithstandin9 any law; to the contrary,.upon approval of the City Comxi!, ar.a i;suance of a perriit, a club or charitable reli9ious or nonprofit oublic a•private or9anization may sell artd allow buyers to consuroe nonintoxicating malt liquor in the Co�mons Park. PASSED AND A�OP?ED BY THE C1TY COU9C?L n° TuF CITY OF FFIDLEY THIS 2ETH DAY OF JUIY, 1976. ATTEST: G1TY CLER}: - F'JiRVIfI C. 6RUNSELL First Reading: 3uly 12, 1976 Second Reading: July 26, 1976 P�blish: Au9ust A, 1976 •(?AY�iR - W7LLI M J. NEE r " J�-` e . . . . . . .. . _ .' - _ ' "... .. . . �._ r :. + �.-.. .� ' � OI:DI.NAYCE N0. 611 Atd ORDIN�S�CF. AU'CFlOt:i%T�4C 1'lili ISSUAKCti OI•' ON.-5ALG WINC 7.7CL•'NSGS, YRESCRiI�ti7G CQ;�DCI'I0�5 '1'IIGR(:FORT, A�D PROVIDItiC Pi{NA(:fICS 1'OI2 V10LATIONS 'CfiGitiiOP; A.`1GNDINC CI1,IPTGR G03 0:' '1'llli I'RID(.C.Y CZTY COUIi !lY AUllI:�G �1 NI:K sec�•ro:: �rfirr,cro; A:vU A"lli:�D1NC Cf1AP'PIiR 11� SCC1'ION 11.10 OC 1'llG CITY C01)G I:I:i.ATI�G TO PGI:S. TEIL•' CITY COUt:CIL 0[' 1'llli CITY OC FRiDLEY DOtiS (1RDAiR: SECTIU�! 603.221. �»ti�orization to Issue Li.censes The Ci.Cy i.s hcrehy authori•r.ed to issue.on-sale wi.ne licenses . pursuant to autliorit�� of :linu. StaC., Laws J_975, Cl�ap. 345. � Licenses may bc issued to °restauranCS" as dCE1I1C� above. ` SECTION 603.222 Li.cense Reyuired _.. '�. No per.son, operacing a restaurant, shall sell, or permiC to be sold on said premiscs, any caine wiCliout having issued to said ' person cil'her an "On-Sale S?ine License" or an "On-Sa3.e I�itoxicat- ing Liquor License". An "On-Sale Wine Licensc" permi.ts only the on-sale.of wine not exceeding lk percent alcohol by voluiie in conjunction 4iitii the sale.of food. t�'� . S�CTZON 603.223 I�ecs '. � . � � The annual license fee and expirl[ion date sha11 be as provided in Chap. 11 of tiiis code. SECTIOt� G03.224 SeaL-ing Capscit:y No wine license shall be issued to any restaurant havino seating capacity of less than seventy-five (75) persons. SECTIO:] 603.225 Otlzer A�L.icaUle Provisions Tl�e provisions oF Chap. G03.UJ. to G03.21 aUove sliall apply to on-sale wine licenses insofar as practicab7.e, as they relate to: � � L !1 r . �- ... �<, Defitzitions; ApplicaCions; Renewal; Procedure for Granting Licenses; Persons nnd Pl.aces Ineligi6le; Conditious of License; Nours of Operation; Restricti.nns InvolvinF Ninors; Other Restrictions on 1'urcl��ise or Consumpti.ou; Insurance; Notice and llcaring on Suspension or P.evok:�tion of I,iccnsc; Alteration of Premises; Pen�ltics. Chapter 11 of tLe PriJlcy Codc is l�crehy amended [o rcad as follows: SLCTION 11.10 Pec:: AHd new suhJec[ of "On-ti;�li� ldinc l.Icensc". Thc annual 1lcensc fcc for aii on-sale wiuc licen:;c s{�all bc ;100.U0 per ycar. 7'he fee may � � .� � �i � � . r,^r . . . , " J � Ordinancc No. 6ll ' ' � •be ptorated for periods of less than one year. In additlon to the annual license Pee, a$500.00 initial investigation fee shall be charged for each new application. PASSED AND ADOPTGD BY THE CITY COIJtiCIL OF THE CITY OP FRIDLEY TEiIS 17th DAl' Or May , ].97G. 1�1AYOR - WZLLIAId J. NEL' ATTEST: CITY CLERK - MARPIN C. BRUNSELL First Reading: Niay 3, 1975 Second Reading: i�iay ll. 1976 •_Publish: Ma� 26. 1976 l� u �� , �� . r� � ( •. . I . I � ; \ � . /. ORDINhtdCE t80. 600 At4ERDED TO CENPTCR GOS REGARDII7G THE SALE OF )PIT�XIC/tTII;G LIQUOI:S Af�D PP,04IDII;G TIIAT IWTOXiCATIPlG LIQUOR CLUSS Sf'�+LL f[ CLUSED FOR S�LE OF IIITOY,ICATIP;G LIQUOiS BY SA3D CLUCS fiFTER THf HOURS OF 1:�0 A.Pf. AP{D PROUJDIdG THAT P;0 PERSOIIS OTISCR 7fIAt� THE LICEPlSEE NID NIS fi;PLOYEES SHALL RE1iA1id DiJ THE PRE04ISES AF7ER 1:30 k.11. ', . �� C�DE SECTIOC - L•Q5.14 THE CITY LOUt;CIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLL04i5: Section 605.14 is amended as folloms: Section 605.1A Restrictions No licensee r.or other persons shall consume or display or allorr tonsun�ption or display of intoxicating liquor on any Sunday be riaeen the how-s of 1:D0 A.hi. and 12:00 Noon, nor between the hours of 1:00 A.M. and 8:00 P.hi, on any electicn day in the district in tahich the election shall be held; and ho sate shatl be made betrleen tfie hours of 1:00 A.M, and °:00 A,tM1. on any r�eek day, hionday through Saturday inclusive, or berireen the hours of 1:00 A.11. and 3:00 P.1�1, on I�emorial Day. All 1 icensees shall be closed to the public starting not later than 1:30 A.ht, until the time herein prov9ded as permissible for sales, consumption or display, No person other than employees shall be pernitted within such establishments durin� the closed periods, It shail be unlawful for any persons or customers, other than the licensee or his emplo�ees, to remain on the premises after 1:30 A.1�1, There siialT be no consumption by any persons, including the licensee and his employees, after 7:30 A.I•f. , PASSED GY T4tE CITY COUIiCIL OF THE C1'fY Of fRI4LEY THIS 20TH DAY Of OCTO[3fR , 1975, � , V1YOR - WILLIN4 J. NEE ATSEST: 1�CLERI; = P;arvin C,—¢runsell First RcacSin9: OctoUe�• G, 19)5 • Second Rcading: Octobcr 20, 1975 pubtish: Octobcr 29, 1975 �� �� _. . � . �.. . . ,. t i � \ � � i ORDI�JANCE �l0, 601 CODE SECTIOtI - 6D3.11 �� ' �� 53. AMEND[:D TO CHAPTGR G03 R[GARDIF;G TIIE SALE OF IP�TO%ICATIHG LIQUORS AhD PROVIDIF?G T�UiT THF.RE Sf1RLL QE f10 COi;SU:1PTI0id OP IIlTO?;iCATItiG LIQUOR AFTCR HOUI:S OF 1:30 A.M. AWD Pi:OVIDIF;G 7HA7 17U PCRSOi1S 07HER TfIA'd TVif. LICFNSCE APID HIS EhtPLOYEES SHALL kEh1A]IJ UW THE PREI�IS[5 AFTER 1:30 A,t4. . THE CITY CDUI;CIL OF THE CITY.Of FRIULEY OOES ORDAItJ AS FOLLO�!S: Section 603.11 is amended to read as folloeis: Section 603,11 Nours of Operation, No sa1e of intoxicating liquor shalt be made after 1:Q0 a,m, on SunJay nor until �:OD a.m, on Ftonday, nor between thc hours of 1:00 a.m, and 3:00 p.n. on any f�emorial Day, noi, betrleen the hours of 1:00 a.m, and II:CO p.m. on the day of any sta±e�iide election. No "on-sale" shall be made bet�veen the hours of 1:00 a.m, and 8:00 a.m, on any weekday. ;P.ef. 502) It shall be unlaYiful for any persons or customers, other than the . licenSee or his employees, to remain on the premises after 1:30 a.m. There shall be no consumptior by any persons, includin9 the licensee and his employees, after 7:30 a,m. . PASSED 6Y THE CITY COUtdCIL OF THE CITY OF FRIDLEY, THIS 20TIi DAY Of OCTOBEP. �, 1975. A7iE5T: CITY CLERY. • First Reading: Second Reading: Publlsh: October 6, 7975 Oetober 20, 1975 October 24r 1975 P OR - IQILLIN4 J. PlEE 1 � � i i � 1 , i � � . ! � � � � \ � • . � ORDIFUIFICF PIO: G07. nm�'nded A4EI;DCD TD CHAPTER G02 P,EfARDIPIG TIiE SALE OF NOM-11lTOXICATII:G t1ALT I.IQUORS�� AIdD PROVIDICG THAT TII[RE SIIAII_ 6E NO f,ONSUPiPTIOfI OF PIOiJ-IfdTO%ICATIPIG ('L1LT �iauorz r,rTrit iioi�i�s oF 7:so n.ir. nrio raovi�nac �nin� rio �er,soi�s as�+Ea rf+nw TIIE LIC[IlSEE AfID tI1S EI9PLOYEES SIIALL REh1�IM OM TFIE PREI-IISES AFTER 1:30 A.M. TNE CITY COUPlCIL OF THE CI7Y OF FRIDLEY DOES OR�ftI�! AS FOLL04JS: Section 602.10 is amended to read as follows: Section 602.10 Hours. In.the places licensed to sell such non-intoxicating malt liquors, no sale of non-intor.icating malt liquor shall be made betr:een the hours of 1:00 a.m. and 8:00 a.m, on any ti�reekday 1londay through Saturday inclusive. qeither shall any sale of such liquor 6c made on any Swiday bet�:�een the hoars of 1.00 a.m. and 12:OQ td00�J, ner betrreen the hours of 1:00 a.m. ar,d 8:00 p.m, on the day of any statearide election. (Ref. 501} 1t shatl be unlawful for any persons or customers, other than the licensee or his employees, to remain on the premises after.1:30 a.m. There shall be no consumption by any persons, including the licensee and his employees, after 1:30 a.m. PASSED BY THE CI7Y COUNCIL OF THE CITY OF FRIDLEY TNIS 20TN DAY Of OCTOBER , 1975, ATTEST: CITY CLERK - Marvin C. Brunsell First Reading: October 6, 7975 Second Reading: October 20, 7975 Publish: October 29, 1975 0 MAYOR - idILLIkDt J, PlF.E 1 r �R � � � Code - Section 603 ORDIhJAlJCE N0. 57y AN ORDIP;APlCE TO Af�EIlD CHAPTER 603, I�TOXICATING LIQUOR, OF THE CITY CODE OF THE CITY OF FRIDLEY The City Council of the City of Fridley does or•dain as follows: 61 Chapter 603, Section b03.01 (Paragraphs 4& 5), Section 603.032 (Paragraphs 13, 14 & 15}, Section 603.065, Section 603.072, Section b03.076 (Paragraph 2), Section 603.078, Section 603.081 (Paragraph 2), Section 603.094, Section 603.I0 (Para- graphs 6, 18 & 19) are hereby am2nded to read as follo�,�s; and Chapter 603, Section 603.082 and Section 603.20 are hereby repealed. Section 603.01 Definitions 4. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration ofi payment therefore, food and lodging are regularly furnished to transients, arhich, maintains for th� use of its guests not less than 50 guest roor.�s ti•�ith bedding and other usuai, suitablz and necessary furnishings in each room, 4vhich is provided at the main entrance with a suitable lobby, desk, and office for• the registration of its guests on the ground floor, tvhich employs an adequate staff.to provide suitable and usual service and which maintains under the same management and control as the rest of the esta6lishment and has as an integral part thereof, a kitchen and dining room o-rith a total minimum floor area of 2000 square feet F•ahere the general public are, in consideration of payment therefore, served m2als at tables. 5. The term "restaurant" means any establishment, other than hotel, under the control of a single proprietor or manager, having kitclien and other facilities to serve meals, and aihere in consideration of payment therefore, mea]s are regularly served at tables to the general public, and vrhich employs an adequate staff for the usual and suitab7e service to its guests, and that the business of servinq food for a license year must be a min9mum of ani �F �r,A tM :al s — Section 503.032 u 13.4Jhenever the application for an "on-sale" license to sell intoxicating ]iquor, or for a transfer th,ereofi, is for premises either planned or under construction ar undergoing substantial alteration, the application shall be accompanied by a set of preTi�ninary p}ans showing the des�gn of the proposed premises Co be licensed. �'f/�6��/��bY�ls4,`/s�t'�;��;�rS/�r`�/sS�/f�X�/�4��{il�;i�l;�s�kfYr`R�t��rtsia�;t�1�f/�ij�/t%,-Sid��;�� W�J�dt�tfi�;f�dl �1�l�Xi:�4a�/�ijs?s1/h�/ri';��yi/✓+?;�4f/�}s�/���i/�x�Y`I�! 14.1�thenever the al�Plican �s n�ade for a�ropose be pr'ovided t•rith the a�_ � • a. Site plans of the parkin area,_l,in are to 6e a ratio th'ree seats of to for an "on-sale" li or existing establi ca[ion _ remises indicating_ capiii and screenin of one_ten U,y t�•�ent l seatinq cepacitv. to sell into� , the follov�i ty_and buildi ninnmi parki ncl _parkin� stal ting liguor_ items are to location, �U 7 Y'Clll°I1L$ —_'--- or everv ' Ordinance No. 579 Atnendiny Chap. 603, Intoxicating Liqvor � � �?i b. Plans altera es nd specifications for pr ion or er.tension oF an e �tal seatirig ca ac� and or sprinkler system lan shments must provide a s of i ts oatrons. Pa9e 2 osed establishment or for enla stin�9_establisfunent sho:�iny fl �rinkler systein plan as �resen o be installed. Al1 "on-sale" er ea �� ans All proposed establishments authorized to receive a liquor license shall �be required to install a sprinkler system duriny initial construction of building. All existincLestablishments not currently in possession of a liquor license, but 4�ho have made application wit� the City of FridTe and have t'eceived authorizetion to bz 9ranted a liquor 1icense must instal7 a snrinkler sVSiem �tithin t�,ro .Y°ars of the date of the issuaiice_oF the All existin esta6lishments resentl,y i but ���ho do not have a sprin�ler system Within a three year period from the las license. All plans and specifications must be reviee Inspection Deoartment hafnrP icc�iinrn nf h� ossess5on of t instail a ate of renew and approved ing permit. a liquor license Duildi 15.Such other information as tbe City Council shall require. Section 603.065 No transfer of a license shall be permitted from place to place or person to person without complying v�ith the requirements of an original appTication except as provided by $;�yi����"gj'�'r5/9/�f/kl���/��L���'dl�/ Section 603.Q69 and exce�t tahere a new application is filed for a transfer of license from place to place and is for premises i-lhere the building was not ready for occupancy at the time of the origina7 application and the ne��v application is filed ivithin 90 days after approval of the original license by the Ciiy Council but before a Certificate of Occupancy for the origina] location has been issued, no additional license fee is required and the investi9ating fee sha11 be as specified in $i�b;f��,1����i/$/�f/��5,7�/��¢�'�¢�j Section 603.Q68. Section 603.072 , All applications for a license shall be referred to the Public Safety Director, and io such other City Departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Public Safety Directoi• shall cause to be made sucii investigation of the information reGuested in Section 603.032 as shall be necessary and shall ma1;e a o-iritten recoi�mendatiort and report to flie License [�oard, or to the City Council, as the case raay b�, t�rhich shall include a list of all violations of Federal or State latv or Municipal ordinance. The License Board, or City Council m�y order and conduct such additional investiyation as it shal] deem necessary. • �T3°' Ordinarice Pao. 579 A!nending Chaptet' G03, Intoxicatinq Liquors Page 3 �u Up�m receipt of the viritten report and recommendation by the Pub7ic Safety �Director and ti�iiti�in tVienty days thereafter, the Chairman of the License 4oard, • or the City CounciT, shall instruct the City Clerk to cause ta be published in the afificiai newspaper ten days in advance, a notice of a hearing to be held by the License Board, or the City Council, settinq farth the day, time and place when the hearing arill be held, the name of the applicant, the premises ��here the business is to be conducted, the nature of the business and such otlier information as the License �oard may direct. At the hearing, opportunity shall be given to any person to be heard for or againsi the granting of the license. A license, other than a rene�aal shall not be apprcved before the next regular meeting of � �«. =` . the City Council following such hearing. Section 603.D76 2. No license may be complying with the approval of the City except as provided by Section 603.078 transferred to another person or to another place atithout require�a?nts of an original applicaiion including the Council and the Liquor Control Commissioner, as required, Section 603.065 and 603.069. Where a license is granted for premises vihere the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notificaiion by the AV���T�IYiz2�i�iyix/Pf �SUilding Inspection Department that a Certification of Occupancy has been issued and the building is ready for . occupancy. Section 603.081 Persons Ineligi6le 2. 41ho is not of good moral character a o�aner, manaqer or employee of a saloo nthar husiness of a similar• nature, the Section 5C"s,062 If applicant has b restaurant, cafe, ta il mav consider the 0 (' cant's ��X���i�$E/V��X X�VS��/�L��i���r'�-S�'6r1I ���SI,�i�/�N�/k�d�s/P�T I�F�/,�t�f1,�k��S1Y���I/�i��/X���ii$��Ii�$/ Y��I�I������;��/�fl�{t�l����%/d�ltltal����/4fl�tii�Id���IfG�lr`��Sd��,�X�l �fi,�/�r�ltli� d���/d�/�/��r`�����Y��V��l�{��/th;t;f��idg/��r`zri�r�/��/,16�1�/r`�S�e1�rS;Elbf/�Y��/2z'�.�/�e/i{S�/ ��d�k/rSf/�N�/r`���;4�-�7t16�/;�}S/�tf�l����/�f/�/���`i,��"�i��drS6/�i /;t�i�/c6itrS�f ak�`l8S/rivP/r� �`����54��/df/zk��/2�t�/rki�1S�/����/�f/�}��iF1���lt�fl��,ti�i4�xt liX�t,?i�����13bt�1 ����i;Sd�S1i�rS� T�L���d6�{�Y��1���II�JIJ,�Di�I�;� xJ/PS��,�I l�1�I fS���/�dk{n��.��������i�V1�rfi1/i����rf��%�S�}SL���� Section 603.09h No "on-sale" license shall be not have a minimum total build and dining area of 2000 square 9eneral pubiic. ted for a restaurant area of 5000 square t r;ith a minimimi sea �_n ca hotel that does h a minimum kitc oF 130, op°n �y � �i Ordi nance i�o. 579 {Unending Chap. 603, Intoxicatin9 Liquors Section 603.10 Condition of License Page 4 p�1� 6. No minor shall be employed in a room v�here sales are made, except that minors mav be employed as musicians busboys and dishvrashe•rs. 18.A restaurant sfiall be conducted in such a manner that the business of serving food for a license year must be a minimum of 40� of the total business of serv food and intoxicating li uq ors• "A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors a minimum of 40% of the business for a license year is the serving of foods. 19.At the time of application for renewal of application of an on sale lice�se, the applicant shall submit proof to the City that a minimum of 40% of the gross sales, derived from the sa7e of food and into.~.�cating liquors oi the establishment, for a�hich the on sale license is to be used, is in the serving of food. on 603.20 Number of Licenses XY���Nn����I �i ��VAfrdJ! A��iFIFF✓J �J ��f-lR�Y-�FY�AY7�F1�'Y-�.�YYY�'.�7���J����/��AP7 ����+� �5��� X�'�ku(���///XY���/:t��/��pf���/dl/X�i�i#Nea/�$$sia�/k�:�T`�r���f�/��/i4��}i�����1 fi�d��zd$ �8�0lS�S3i/i�ls���/Xa��/�l��ri/�bi�/fi��t�r��'��(1,ff};3�tbr�%P%���;����d/1�1/Gf��t�c�����/S;��z!�X�� s �$�1��3!/lXN��/�6i�/¢���d�s�ldl/N�S��I�FPF�iL�P��b�/��Jkc�l��alsxk/�G��/�;�1.�/�6/�vsrS����;�� � �i�f�/�����A/���/t��v���%��X/7d1�/��X�%/���t��k��,t! PA5SE0 AND ADOPTED FY THE CITY COU��iCIL OF THE CITY OF FRIDLEY THIS 17TII • day of MARCH ATTES7: CI7Y CLERf; - f�1ARVIN C. GRUiiS[LL First Reading: January 20, 1975 �. Second Reading: ni;u•�-h i7� in7S_ Puhlish.......: r1:�cIL�.�,._�j� 1975. MAYOR - DIILLIAM J. NEE �l�� � c OR�JIP� ;i•�CE i�0. 549 �� �tii,1END�D TO TIiE C;i�tiP7�n RcG:iRDIPlG Tt1E SALF OF INTOXICiti I�iG LIOUO2S A1dD PRGVIDItJG T�1f17 lidl`OXlC�TIidG LIQUOR—CI_U3S SN,4LL F3E CLOSED FOr SALE OF IiaTOXlCATitJG LI�llORS 6Y S;11Q CLUBS AFT��' T1ic HOU25 OF 1:15 A,�?, ,'tiPdU PRGVIDii1G T;IAT �l'0 !'cRSOh5 OTHE2 THAi•; Tfl� LICEilSEE i1i4� HfS E��?PLOYE�S Sfi�;LL RttdAlid Oy TNt PREi,iISES AFTER 1: i5 A.i•i, THE C t TY COtli1C I L OF THE C{ TY OF FR I DLEY D�;�S OnDA l t`d t1S FGLL0;t5 : Sect i on 60$.1�} i s an�nced as fo I I o�•�s ; Section t0$.1�1 Restrictions. ido licenses nor other persons s;1ai! consune or dispiay or allow consumotion or display of into;;icating liquor on any St:nc�ay bet�aeen the liours of 1:00 a.r and 12:Q0 noon, nor bett�een ti�e hours of 1:00 a.m, and 8;00 �,n, on any election day in the district in rohicn the efection sltiail b� hetd; and P'o sale shali be r.iade betiacen the hours of 1:00 a.n. and o:00 a.m. on any �eek day, i!onday �nrough Saturday inciusive, or- 6��4�reen the hours of 1:00 a.r �nd 3:00 p.m. on lj�r�or i af Day. :� 1 1 ! i censees shal t be c I osed to �he p�+b I i c starting not (ater �than x;30 a.r. tintil tl�c tine herein provicieci as per- nissi'ule for sales, consurnption or display. �;o person other tfian e;nptoyees shall be pernitted t•�ithin sucii establishments during t(te ciosed periods, i shall be unlaw�ul i=or anv �crsons or cus�o:rPrs, o�her than � r his cnoloyees. to remain on the oremises ��f�er 1:15 �.n, Tn c no consu���tion bv anv oersons, includir,ct the licensee and hi er i:s� a Pr1�SED 6Y Tlft C 1 TY COUt�C t L-0F THE C 1 TY OF f 2! DLEY, T�i1 S 1ST Dt1Y OF S�?���/�Efi, 14%3. OCTOBER ;1Ti'�ST: �iayor Frank G. Liebl CITY' CLC-R� _ Marvin C. Brunsell �st Reading; Septeaib2r 24, 1973 �ond Rcading:��oher 1_�1973 Publish: Octnh�r Q 973 � � �io� or,ut�n��ct rao. 550 AiAE1�IDED i0 THE CHP,PTER RcG;1RD1iJG THE S�1LE OF �d0iv'-INTOXiC,1TIiJG td;,LT LI>UORS AND !'POVIDING THA7 TEIER[ 5lIiLL BE Pa0 CONSUt•;PTI�N OF NOy-1 PdTOX I CA71 NG b�ALT L I 4UOR AFTER FIOURS C1F 1: 15 s1.i:f. A\D PROV i D i f•1G THAT NO PERSONS 07fiER THAN TfIE L I CENSEE APtD H i S EEdPLOYEES SHALL RE4�4AIN ON TFi� PREthISES AFTER 1:15 A.P•1. THE C1TY CCUPJCiL OF TFIE CfTY OF FRlDL�Y DO�S ORDAIid AS FOE.LO'�/S; Section b07,.1Q is amandeci to read as follows: Section 602.10 Nours. In the places licensed to se)1 such non-intoxicating malt Iiquars, no sa on non-intoxicatinc� malt liquor siialf be made be��,�een the hours of one a, and eight a.m, on any weekday r:londay through Saturday i�iclusive. Meither sfia11 any sale of such liquor be made on any Sunday b�tween fhe hours of one a.m, and zwelve o�cloc!< noon, nor bettdeen th� hours of one a.m. and eight o`clock p.m, on the day of any state�aide election. (Ref. $O1� lt shali of his e � be na co after 1: � inlawfr u► for .'�s, io rema �ionrby a�y �• oersons or ci�stor:,ers n i.he aremis�s �fter ons, �ncludin� the 1 oz--=�r th�n 1:I5 a.rea —�-� censee �ind �� licer ere sh�f J Pr1SSED ^oY THE C I TY COU�C f L OF 7NE C I TY OF FR! DLEY, il11 S 1ST D;1Y OF S�FiPlI"F..f:i°!-rJf3', 2973. OCTOBER �TTEST: CITY CLFt�� - arvin , runse 1 First Reading: September 24, 1973 Second Reading:pctcoer 1. 1973 Publish:_ October 10, 1973 �•layor Frank 6. Liebl � � �% � o�;aiw,ti��ce r�e. saa °• ni;�MDED 70 TfiE CfI�IPTcR RtGA2�lP16 7li� SAGE GF IP�TOXICATIP7G 11i1ti0RS 11PlD PROV1DiP!G '(H�iT TIIERE SfIALL GE tt0 COi��1SUP:;PT10N OF 1hTOXIC'17I�JG LI�UOR rc�TER fIOUftS OF 1:15 A,i�. APJD PROVIDIP.G TNAT P:0 PE!;SOPJS OTNE� TllAid TH� LICEiJSEE AND HIS Et;l'LOYEES S11�1LL RE'r:i:111d ON TFIE Pi:EtiISES �FTER 1:1$ A,J,f. T!,� CITY COi1tJC1L OF T}iE CITY OF F�fDLEY DOES 02D,-�f�! AS FOLLOb•IS; Sect'ion 603.11 is amended to read as follotJS: Sec��ion 603.1I Hours of Op.^ration., Pdo sale of in�oxicating Siquor sha11 be mac'� after 1:00 a.m. on Sunday nor u�1ti1 8;Q0 a.m. on t;onday, nor beti.cen the hours of 1c00 a.m, and 3:00 p,n. ot1 any ,`•ier.�oria( Day, nor be�tr:een �he hours of 1:00 a.m, and 8,00 p.m, on the day or.any statetiaide efection. No °on-sale" shalt be n4de Ue�iaeen tf.e hours o` 1:00 a.m. and 8;00 a.m. on any tiree!;day. (Ref, j02� � shall be r h i�. e;n� 1 c. (a�::�ut for a es, to renai ion bv anv o er or custo ncludin� the o�cttier t��an th� i icensee 1:1$ a.n,. Thcre sha}1 cer•�ee ana his enaiovices P,tSSED SY iHE CITY C4U;iClL OF 7HE CITY OF FRIDtEY, TFIlS 1ST DF�Y �i� ��yY�;f,���, i973. OCTOBER ' A7i�S1: 6layor - Frank G. Liebl ity Cler;: - Marvin C. Hrunsell First Reading: Septem6er 24, 1973 Second Reading�� u et� r T� T�73— Publish: c o-D t�ier T�b,7�3T3— � �� . � �-i�' ORDINANCE 1✓O, 524 • AN ORDZNANCE A!•SEf7DING ORDINANCE N0. 435 . RELIITSNG TO TIlE SALE OF INTOXICATING LIQUOR BET!•lEEN CERTAIN HOURS ON SUNDAY AND PROVIDTNG FOR A LICENSE TtlEREFORE � �• THB CSTY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLO'r75: Section 2 of the above entitled orrlinance shaI2 be amended as follows: Section 2. License Reqvired. 1. No person, except wholesalers or man�facturers to the extent av�horized under State License, shaZl direct2y or indirectly deaZ in, se12, or keep for saZe any intoxicating 2iquor without first having received a license to do so as provided in this ordi.nancz. 2. "On Sa1e" 2icenses sha11 be issued onlg to hoteZs and restaurants. 3. No person sha11 seZ1 any intoxicating 2iquor on Sundays without obtaining a separate license for said Svnday sales. Section 7 of the a.bove entit2ed ordinance sha11 be amended by adding suhdivision SO of said section; said strbdivision to read as follows: 20. The annual Iicense fee for "Sunday Liouor Sales" sha11 be $200.00. This fee is in addition to the fee cnarqed for an "On Sale" Iicense. AII r=o- visions of this ordinance pertaining to tne "On Sale" license snail apply to the "Sunday Liguor Sa1es" Zicense, insofar as practicable. Section 12 of the above entitled ordinance sha11 be arr�nded to read as follows: Section 12. Hours of O�ration. No sale of intoxicatinq liguor shall be made betc✓e_=n the hours o_° 1:00 R.�t!. on Sunday and 72:�0 o'c2ock noon on Svnday, nor bet.•een tne hours of 1:00 :l.tt. and 3:00 P.�+t. on anu �+Iemorial Day, nor betcaeen the nours of 1:CU A.I:. and 8:00 P.61. on any prim.ary, special, or gene�al electioa of the C±ty of Frid3ey. No "on sale" sha21 ba marie between the 1:ours of 1:00 e?.fl. and 8:00 R.i�l_ on any weekday. PRSSED BY T.YE CITY COUNCII, OF THE CITY Oc FRSOL�l', TF!_TS 20"CFl U.'.Y OF �VOVI:t'3Eft, Z972. 11l'7'EST : cr��r cc,er.x A:Al'Oi2 First Re�din�: ;io•rec.�cr 13 i9•I^ � .i_:_ .. Second P.cac:ing: ��ov���:��,rr 2,1, t.;�; ' Publish: __ __ no��e�nucr 29, 1 ii''_ e .�— � ORDINANCE NO. 508 AN ORDINANCE AMENDING CHAPTER 83 OF THE FRIDLEY CITY CODE RELATING TO THE LICE.'"JSING OF TAVERAIS � The City Council o£ the City of Fridley does ordain as folloxs: �a Chapter 83 of the Fridley City Code is hereby a�nended to read as £ollows� 83.01. No person shall aperate a tavera within the limits of the City of Fridley without having paid an annual license fee of $12.00 and having secured a pezmit to operate such a tavern. Said £ee shall be in addition to any license Eees foi the on-sale of beverages. 83.02. The license fee above provided shall be due and payable on the lst day of May of each year, and shall not.be transferable unless by consent of the Council. 83.03. A tavern as herein used shall be any place where malt beverages are snld and where entertainaent andfor music shall be at any time pzovided, and where admission is not chasged either directly or indirectly for the privi2ege of dancing. If admission is charged dizectly or indirectly, Ordinance $492 entitled regulating the licensing and manner of conducting dances shall apply. 83,04e Taveraa shal2 be suujecc to all tne regulations �and restrictions contained in the City Code regulating non- • intoxicating maYt beverages an3 any vio�ation �y be grounds foz the cancellation of said licens� i£ the Cous.cil shall so deci�e. � 83>OS> A tavezn shal� includ° the rigtat to �ila�a ��blic dancing. Howeves,�o persons ian�er the age of 21 years shall he allowed to dance in said tavern unless in the crompany o£ his or her parent or parents. PASSED BY THE CITY COUNCIL OF THE CITY OF FRZDI,&Y THIS 20TH DAY OF MARCH, 1972. ATTEST: CITY CI.ERK - MARVIN C. BRUNSELL First Reading: March 13, 1972 Second Reading: March 20, 1972 Publish.......: March 29, 1972 lBAYO.R - FRANK G. LI£BL � TERM DEFZ2iITI0N RESTRyCTIONS MINORS � � � �f��, pRDSNANCE NO. 500 AN ORDiNANCE AMENDIMG CHAPTER 80.05 OF THE CITY CODE No "o£f-sale" shall be made before eight o'clock a.m. or a£ter eight o'clock pjm. of any day except Saturdap, on which day "off-sale" may be made until ten o'clock p.m. No °of£-sale" shall be made on New Yeazs Day, January 1; Independence Day� July 4; Thanksgiving Day, o= C1�ists�as DaY. I=�embeY 25; but on the eveninqs preceding such days, iE the sale of liquor is not other- wise prohibited on such eveninqs, "oPf-sales" may be made until ten o'clock p.m. except that no "o#f-sale" shall be made on December 29 after eiqht o'clock p.m. Nb sale of intoxicating liquor shall be made between the hours of one a.m. and eight p.m. the day of any stateyride election. Chapter 80.05 of the Fridley City Code as now written is hexeb�r sepealed ip its entirety. ppggEp ppJD ADOPTED BY THE CITY CU'.T:ICZL OF THE CITY OF FRIDLEY THTS �7TH pAY OE JANUARY� I972. ATTEST: rxry cs,E�uc - r�xvsr� c. siwxsFT,T" Fiz'st �teadinq: Janu 10, 1972 SECOnd Reading: Januarv 17, 1972 Publish.......: January 26, 1972 MAYOR - FRANK G. LIEBL �T rl � � ' ORDINANCE NO. 501 • AN ORDINA.IZCE AMENDING CFiAPTER 81.11 �F THE CITY CODE 2HE CITY COUNCZL OF THE CITY OF FRZDLEY DOE5 ORI)AIN AS FOLLOWS: Chapter 81.11 of the City Code is amended to read as follows: Sales; closinq hours. No sale of non-intoxicating malt liquor sha11 j�e made between the hours of one a.m. and eight a.m. on any weekday Monday through Saturday inclusive. Neithez shall any sale of such liquos be made on any Sunday between the hours of one a.m. and twelve o'clock noon� nor between the hours of one a.m, and eight o'clock p.m. on the day oS any statewide election. Chapter 81.11 oE the Fridley City Code as now written is hereby Tepealed in its entirety. PASSED AND 11DOPTED BY THE CITY COLNCIL OF THE CITY OF FRIDLEY TtiIS 17TFi DAY OF JANUe3RY, 1972. � AITEST: CITY CLERK ^ MARVIN C. BRUNSELL First Readinq: January 1Q, 1972 Second Reading: January 17, 1972 Publish.......: January 26, 1972 � MAYOR - iZ2ANK G. LIEBL �-F � � �J � �� ORDINANCE N0. 502 AN ORDINANCE P�IDING CHAPTER 82, SECTION 12 OF THS � FRIDLEY CITY CODE THE CITY COUNCIL OF Tt� CITY OF FRIDLEY DOE3 ORUA;N AS FOLLOWS: . Chapter 62, Section 12 of the City Code is hereby amended to read as follows: Hours of operation: No sale of intaxicating liquor shall be made after 1:00 A.M. on Sunday nor until ' 8:00 A.M. on Monday, nor between the hours of 1:00 A.M- and 3:00 P.M. on any Memorial Day, nor between the hours of 1:00 A.M. and 8:00 P.M. on the day of any statewide election. No "on-sale" shall be made between the �oyxg of 1:00 A.M, and 8:00 A.M. on any weekday. PASSED AND ADOPTED BY THE CITY COTINCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF JANUARY, 1972. MAYOR - FRANK G. LZEBL ATTEST: CITY CLEi2K - MAI2VIN C. BRUNSELL First Reading: Second Reading: Publish........ .ar1 January 10, 1972 JanUary 17, 1972 January 26, 1972 �� � � ►°�_.J '!�Z ORDINANCE N0. 451 AN ORI7INANCE AMENDING ORDINANCE N0� 14, PRESENTLY CODED AS CHAPTER 81 OF THE FItIDLEY CITY CODE, REGULATING THE SALE UF IQD[Q-INTOXIGATING MALT LIQUOR 4IITHIN THE CITY OF FRIDLEY The Council of the City of Fridley do ordain as follows: Ordinance No. 14 of the City Code, adopted August 1, 1949, and entitled "Regulating the Sa1e of Hon-Intoxicating Malt Liquor" for the purpose of licensing the sale of on and off sale non-intoxicating malt liquor, and presently coded as Chapter 81 of the Fridley City Code is hereby amended as follows: Every applicant for an Off-Sale License shall pay a license fee of $15 per year. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF APRIL, 1970. ATTEST: CITY CLERK - b1ARVIN C. BRUNSELL First Reading: Second Reading: Publish.......: bfarch 16, 1970 April 6, 1970 April 15, 1970 MAYOR - JACK 0. KIRKHAM �,. ° ORDINANCE I70. 435 If1TOXICATIIJC L7QUOR �: Section 1. DePinition of Terms: t t � • 1. As used in this ordinance the term "person" includes a natuial person of either sex, co-partnership, corporation and association of persons and the agent or manager of any of the aforesaid, The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 2. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt bever- ages containing in excess of 3.28 of alcohol by weight. 3. The terms "sale" and "sell" mean and include aIl batters and all manners or means oP furnishing intoxicating liquor or liquors as above des- cribed in violation or evasion of law and also include the usual meaning of terms. 4. The term "on sale" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "hotel" means and includes any establishment having a resident proprietqr or manager, where, in consideration of payment therefore, food and �lodging are regularly Purnished to transients, which, maintains for the use of its quests not less than 50 guest roons with bedding and other usual, suitable and necessary furnishings in each room, which � is provided at the main entrance with a suiYable lobby, desk, and office for the registration of its guests on the 9round floor, which • employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities with a total minimum flood area of 900 square feet Nhere the general public are, in consideration of payment therefor, served meals at tables. 6. The term "restaurant" means any establishment, other than hotel, under the control of a single proprietor or manager, havinq appropriate facilities with a total minimum floor area of 900 square feet to serve meals, and where in consideration of payment therefor, meals are regu- larly served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests, and the principal part of the business of which is the serving of foods. 7. A"church" as used in this ordinance is a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. 8. The term "wholesale" means and includes any sale for purposes of re- sale. The term "wholesaler" means any person engaged in the business of selling intoxicatinq liquor to retail dealers. 9• The term "manufacturer" includes every person who, by any process of ��nanufacturing, fermentin�, brewin9, distilling, refining, rectifying, � blending, or by the combination of different matcrials, prepares or produces intoxicating liquors for sale. �4 0 i� Ordinance k435 (Continued) Page 2 �u Section 2, License Reqvired: 1. NO p2rson, except wnolesalers or manufacturers to the extent authosized under State License, shall directly or indirectly deal in, sell, or k�ep Por sale any intoxicating liquor without first having received a 11Cense to do so as provided in this ordinance. Z, "On Sale" licenses shall be issued only to hotels and restaurants. Section 3. Applications for License to be Verified. Epery application for a license to sell intoxicating liquor shall be VErified and Eiled witfi the City Clerk. 5ection 4. Contents of Application. 1. 2, � 3: • � In addition to the inforr.iation which may be required by the State Liquor Coqtrol Commissioner's form, the applicafiion shall contain the following: Whether the applicant is a natural gerson, corooration, partnership, or other form of organization. Type of license applicant seeks. ZP the applicant is a natural person, the follo�aing information: A. True name, place and date of birth, and street resident address of applicant. B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and infor- mation concerning dates and places where used. C. The name oP the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 303, Minnesota Statutes, certified by the Clerk of District Court, shall be attached to the apolication, D. Whether the applicant is married or single. If married, true name, place and date of birth and street zesidence address o£ applicant's present spouse. E. Whether applicant and present spouse are registered voters and if so, where. F 5 Street addresses at which applicant and present spouse have lived during the preceding ten years. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. H. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. ' -�.� � � Ozdirtance #935 (Continued) Page 3 r�� I. Whether applicant or his spouse, or a parent, brother, sister, or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance,"other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. J. Whether applicant or his spouse, or a parent, brother, sister or child of either of ihem, has ever been engaqed as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and lenqth of time. K, Whether applicant has ever been in military service. If so, appli- cant shall, upon request� exhibit all discharges. L. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturinq or distributing liquor and who is nearer to kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of the applicant or his spouse. 4. If the applicant is a partnership, the names and addresses of all part- ners and all information concerning each partner as is required of a � single application in Subsection 3 above. A managing partner, or part- ners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agxeement shall be � submitted with the application and, if the partnership is reguired to file a certificate as to a trade name under the provisions of Chaoter 333, Aiinnesota Statutes, a copy of such c°rti£icate certified by the Clerk of District Court shall be attached to the application. � � 5. If the applicant is a corporation or other organization and is applying for an "on sale" license, the followinq: A. Name, and if incorporated, the state of incorporation. B. A true copy of Certificate of Incorporation. Articles of Incor- poration or Association Agreement and By-laws and, if a foreign corporation, a CertiPicate of Authority as described in Chapter 303, Minnesota Statutes. C. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single application in Subsection 3 above. D. Notwithstanding the definition o£ interest as given in Section 9, Subclivision 10, the application shall contain a list of all persons who, singly or together with their spouse, ar a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of S+t or who are officers of said corporation or association, together with their addresses and all information as is required of a single applicant in Subsection 3 above. �.--- _--_ _ �,� / �/ OrdiAance 7fA35 (Continued) , Paqe 9 � 6': The exact legal description of the premises to be licensed together with � d plot plan of the area showing dimensions, locations of buildings, street access, parl;ing facilities and the locations of distances to the nearest church building and school grounds. 7. The floor number and street number where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an "on sale" license sha11 submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms, 8. Zf a permit from the Federal qovernment is required by the Laws of the Uni.ted States, whether or not such pennit has baen issued, and if so required, in what name issued and the nature of the permit. 9. The amount of the investment that the apolicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the sourca oP such maney. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture stock in tzade; the nature oP such interest, amount thereoP, terms for payment or other reimaursement. This shall include, 1 but not be limited to, any lessees, lessors, mortgagaes, mortgaqors, � lendors, lien holders, trustees, trustors, and persons who have co- signed notes or otherwise loane3, pledged, or extended security for any eindebtedness of the agplicant. 11. The names, residences and business addresses of three persons, residents of the State of Minnesota, of good moral chasacter, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant�s character or, in the case where inEormation is required of a manager, the manager's character. 12. Whether or not all real estate, special assessments, personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 13. Whenever the application for an "on sale" license to sell intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary p2ans showing the desiqn of the proposed premises to be licensed. If the plans or design are on file with the Superintendent o£ the Building Department, no pldns need be filed with the City Clerk. 14. Such other in£ormation as the City Council sha.il require. Section 5. Renewal Applications. Applications for the renewal of an � existing license shall be made at least 6Q days prior to the �date of the expiration of the license and s1ia11 be made in such abbreviated form as the City Council may approve. If, in the jud�ent of Yhe City Council, good and sufficient cause is s}�own by an applicant for his failure to file for a reneual within the time provided, the Cl�y Coq�4�,� may, 1Y trp p��7q� provi5ipn� p� �hj�s ordinance are complied with, grant the a�pj�����4�� .�� � . Ordinance #435 (Continued) Page 5 ,�� At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with t}�e City Clerk a statement made by a certified public accountant that shows the total gross Sales and the total food sales of the restaurant for the twelve months period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of F�uthority. Section 6. Execution of Application. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shaZl be made and issued in the name of all partners. Section 7. License Fees.� 1. 2. � • 3. The annual license fee for "on sale" license shall be $4�000,00. The annual license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the general Eund of the City. Dpon xejection of any application for a license, or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the appl�cant except where rejection is for a willful misstatement in the license app2ication. The fee for an "on sale" license granted after the commencement of the license year shall be pro-rated on a monthly basis. 4. When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application exeept as provided by Subdivision 9 of this Section and except where a new application is filed for a transfer of license from place to place and is for premises where the building was not ready for occupancy at the time of the original application and the new application is filed � within 90 days a£ter approval of the oxiginal license by the City Council but before a Certificate of Occupancy for the original location has been issued, no additional license fee is required and the investigating fee shall be as specified in Subdivision 8 of this Section. 6. No part of the fee paid for any license shall be refunded except in accordance with this Section. �7. At the time of each oriqinal application foY a license, the applicant � shall pay in full an investigating fee. For a single natural person, the investigatinq fee shall be $150.00. For a partnership. corporation or other association, the investigatinq fee shall be $300.00. No in- vestigating fee shall be refunded. --. -�+t� Ordinance q435 (ContinueQ) Page 6 �� B. At any time that an additional investigation is required because of a � change in the ownerstiip or control of a corporation or because of an enlargement, alteration, or extension of. F�remises previously licensed, or because of a transfer from place to place which transfer comes within the exception expressed in Subdivision S of this Soction, the licensee shall pay an additional investigating fee in the amount of $50.00. � � 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional license fee will be required. Section 8. Granting of Licenses. 1. In order to assist the City Council in investigating the facts set out in the application and in order to determine the eligi.bility of the applicant for a license, pursuant to the provisions of this ordinance and of the State Law, the City Council may appoint a Licenae IIoard. In the event that such License Board is established, it shall be orqanized in such a manner as the City Council shall deteztnine by resolution. 2. All applications for a license shall be referred to the Chief of Police, and to such other City Departments as the City Manager shall deem necessary, for verification and investigatien oi the £acts set forth in the appli- cation. The Chief of Police shall cause to b� made such investigation of the information requested in Section 158.04, Subdivision 3, as shall be necessary and shall make a written recomm�ndation and report to the License Board, or to the City Council, as the case may be, which sha21 include a list of all violations of Federal or State law or hfunicipal ordinance. The License Boarn, or City Council, may order and conduct such additional investigation as it shall deem necessary. Upon receipt of the written repoxt and recom�endation by the Chief of Police and within twenty days thereafter, the Chairmsn of the License Board, or the City Council, shall instruct the City Clerk to cause to be published in the official newspaper ten days in advance, a notice of a hearing to be held by the Licence Board, or the City Council, setting forth the day, time and place when the hearing will be held, the name of the applicant, trhe premises where the business is to be conducted, the nature of the business and such other information as the License Board may direct. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular meeting of the City Council following such hearing. 3. Not less than ten days nor more than fifteen days after the date for sub- mitting renewal applications, the License Board, or the City Council� shall hold a public hearing. Notice of the time and place of said m?eting and the fact that renewal applications will be considered shall be published in the official newspaper ten days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license. � 4. Sn the event the Licence Board iiolds the hearing, it shall, within fifteen days after the hearing, make a report of its investigation and ligaring, together with recommendations, to the City �Gt�paj,�, In thd oyCnt khat � �� • ��-• Ordinance q435 (COntinued) Page 7 C C� V' � the License Board is unable to complete its report wiEhin that time, they shall �zeport such fact, together with reasons therefor to the Citiy Council which shall extend the time for the report for such reasonable time as it deems advisable. 5. After receiving such report and recommendation the City Council shall conduct, within a reasonable time, such additional hearing as it may deem advisable and thereafter shall grant or refuse the application in its discretion. 6. A. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. B. No license may be transferred to another person or to another place without complying with the requirements of an original application including the approval of the City Council and the Liquor Control Commissioner, as required, except as provided by Section 158.07, Subdivision 5 and Sub- division 4. 7. The City Clerk shall, within ten days after the issuance of any license under this ordinance, submit to the Liquor Control Commissioner the full name and address of each parson granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the Liquor Control Commissioner any cnanqe of � address, transfer, cancellation or revocation of any license by the Council during the license period. • 8. Where a license is granted for premises where the building is under constzuction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notified by the Superintendent of the Building Inspection Department that a Certificatie o£ Occupancy has been issued and the building is ready for occupancy. Section 9. Persons Ineli ible for License No license shall be granted or held by any person: 1. Under 21 years of age. 2. Who is not of qood moral character. 3. Who, if an individual, is an alien. 4. Who has been convicted, within 15 years prior to the application of such license, of any willful violation of any law of the United States, the State of Minnesota, or any other State or Territory, or of any local ordinance regaYding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any willful violation of any law or ordinance. S. Who is a manufacturer� or wholesaler of intoxicating liquor and no manufacturer or wholesaler s:�all either directly or indirectly own or control or have any financial interest in any retail business selling � intoxicating liquor. 6. Piho is directly or indirectly intezested in }nY other estab],x�}y�en� in the City q� Frkc��°y to which "on sale" license has been issued un8er this ordinance. ,...� .,,;���. .v,. . --,,. .,.. ....: _ .: . . .. .:.... . ,. . °�� Ordinance #435 (Continued) Page B �� � 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this Section. 8. Who is the spouse of a person ineligible for a license pursuant to the provisions of Subdivisions 9, 5, or 6 of this Section or who, in the judgment of the City Council, is not lhe real party in interest or bene- ficial owner of the business operated, or to be operated, under the license. 9. A license will not be renewed if, in the case of an individual, the licensee is not a resident of the City at tne time of the date for renewal; ¢f, in the case of a partnership, the manaqing partner is not a resident of the City at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the City at the time of the date of renewal. The time for establishing residency within the City may, for good cause, be extended by the Council. 10. The term "interest" as used ir. this Section includes any pecuniary interest in the ownership, operation, management or proPits of a retail liquor establishment, but does not ir.clude bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and rernalar course or business of selling of leasing merchandise, fixtures or supplies to such establishment; or an inte-rest of ten per cent or less in �any corporation holding a licens°. A perso� who receives monies fr�n time � to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and eYCludinq bona fide gifts or donations, shall be deemed to have a pecuniary inte�est in such retail license. In detezmining "bona fide" the reasonable value of the goods or things received as consideration for any paymen� by the licensee and all other facts reasonably tending to prove or disprcve the existence of any purposeful scheme or arranqemeat to evade the prohibitions of this Section shall be considered. Section 10. Places ineligible for License. 1. No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments oY other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been canmenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, huwever, for taxes or any portion thereof, which remain unpaid for a period exceeding one year ar'ter becoming due. 2. No license shall be granted for pre�nises located within 400 feet of a public school or of any church, the distance to b� measurel in a straight line from the nearest point of building to building, excepting the existing on-sale munic.ipal establish�ents at the time of the enactment of this ordinance. Th° erection of a public school or church within the �• prohibited area after an original application has been granted shall not, in and of itself, rendex sucl� pr�mises ineligible for renewal of the license. � � Ordinance IP435 (Contir.ued) ya�3o g 3. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance. 4. No "on sale" licnese sha11 be granted for a xestaurant that does not have a dining area, open to the general public, with a total minimum floor area of 9D0 square feet or for a hotel that does not have a dining area, open to the generai public, with a total mini.mum floor area of 900 sqvare feet. Section 11. Conditions of License. 1. EVery license sha11 be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. . 2 3. 4 5 The license shall be posted in a conspicuous place in the licensed establishment at all times. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. No "on sale" licensee shall sell intoxicating liquor "off sale" No license shall be effective beyond the space named in the license for which it was granted. i6. No intoxicating liquor sha11 be sold os furnish2d or delivered to any intoxicated person, to ar.y habitual drunkard, to any person under 21 years of age, or to any person to whom sale is prohibited by State law. '� • 7. No person under 21 years of age shall be employed in a room where sales are made. B. No licensee shall keep, possess, or operate or pesmit the keeping, possession, or operation of any slot machines, dice, or any gambling device or apparatus on the licensed premises, and he sriall not permit any gambling therein. 9. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly oz indirectly under his control to be used as a resort for prostitutes. 10. No equipment or fixture in any licensed place shall be oeaned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be exyressly permitted by State law. 11. Any police officer, or any properly designated officer or employee of the City shall have the right to enter, inspect, and search the premises ' of the licensee during the business hours without a warrant. 12. No licensee shall sell; offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partially refilled. No licensee shall directly or throuqh any other person delete or in anY mapnez �a?�pe; y��th the contents of any q�iqin�� y���};a�e sq i5 to �� _T's` � � Ordinance #935 (COntinued) Page 10 �j vl. 13 14. 15 change its composition or alcoholic content while in the original package. Possession on the pre�ises by the licensee o£ any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been dilut?d, changed or tampered with. No "on sale" liquor establishment sha11 display liquor to the public during hours when the sale of liquor is prohibited by this ordinance. No licensee shall apply for or possess a Federal Wholesale Liouor Dealers special tax stamg or a Federal Gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 16. The business records of the licensee, including Federal and State ta�c returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City oz the_City Council at all reasonable times. 17. Changes in the corporate oz association officers, corporate charter, articles of incorporation, by-laws or partnership agreenent, as the case may be, sha11 be submitted to the City Clerk within thirty days after such changes are made. Notwithstanding the definition of interest as c}iven in Section 9, Subdivision 10, in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5�, and shall give all information about said person as is required of a person pursuant to the provisiozs of Section 4, Subdivision 3, of this code. 18. At the time a licensee submits his applicatiion for renewal of a license, he shall �;Iist.al2 direct or indirect contributions made to or in behalf of a candidate for Fridley City Councilman or Mayor, including but not limited to Candidates Committees, Volunteer Committees, etc., for a11 Czty elections from and including 1969 to the present date. 19. A restaurant shall be conducted in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that,of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. 20. At the time of application for renewal of application of an on sale license, the applicant shall submit oroof to the City that the principal part of the gross sales, derived from the sale of food and intoxicating �• liquors of the establishment, for which the on sale liaense is to be used, is in the serving of food. • .�� Ordinance @435 (Continued) Page 11 � ,: Section 12. Nours of Operation. No sale of intoxicating liquor shall . be made after 1:00 A.61. on Sunday nor until 8:00 A.M. on Monday, nor between the hours of 1:00 A.M. and 3:00 P.M. on any Memorial Day, nor between the hours of 1:00 A.M. and 8:00 P.M. on any primary, special or general election of the City of Fridley. No "on sale" shall be ma3e be- tween the hours of 1:00 A.M. and 8:00 A.M. on any weekday. � � Section 13. Public Charactez of Liquor Sales. No sale of intoxicatinq liquor shall be made to or in gu�st rooms of hotels, unless the ' rules of such hotel provide for the service of ineals in guest rooms: noz unless the sale of such intoxicating liquor is made in the manner"on sale" are required to be maQe; nor unless such sale accompanies and is incident to the regular service of ineals to guests therein; nor unless the zules of such hotel and the description, location, and number o£ such guest rooms are fully set out in the application £or a license. Secti.on 14, ResYrictions Involving Minors. 1. No licensee, his agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor or.non-intoxicating malt liquors to any person under the age of 21 years; nor shall such licensee, or his agent or employee, nermit any person under the age of 21 years to be furnished or consume any such liquors on the licensed pre�rtises. 2. No person under 21 years of age shall misrepresenC his age for the pur- ppse of obtaining intoxicatirg liquor or non-intoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxi- cating liquor or non-intoxicating malt Iiquor for the purpose of purchasinq or having served or delivered to him for consuming any such intoxicatinq liquor or beer nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor or 6eer, 3. No pnrson shall induce a person under the age of 21 years to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. 4. Any person r+ho may appear to the licensee, his employeea or agents to be under the age of 21 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined an indentification certificate issued by any clerk of the District Court in the State of Minnesota pursuant to Section 626.311 through 626.319, Minnesota Statutes, Laws 1953, Chapter 508. 5. In every prosecution for a violation of the provisions of this Ozdinance relating to the sale or ftirnishing of intoxicating liquoz or non-intoxi- cating malt bevezage to persons under the age of 21 years, and in every proceeding before the City Council rrith respect thereto, the fact thz:t the minor involved has obtaine3 and presented to the licensee, his employees or a9ent, a verified identification card issued by the Clark of any Di�trict Court in the State of Minnesota, frosn Which it appesrs that said person was 21 years of age and w�s regularly issued such id- entification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was Rot willful or intentional. �Y Ordinance �435 (Continned Page 12 �i� � 6. Any person who may appear to the licensee, his employee or aqent to be • under 21 years of age and who does not have in his possession any identi- fication certificate as above described, may sign and execute a statement in writing as follows: � � � � READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnesota, Chapter 483, Laws of Minnesota for 1953; Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful £or: Any person to misrepresent or mis-state his or her age, or the aqe of any other person for the purpose of inducing any licensee, or any employee or any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxicatinq liquor with intent to consume same at a place other than the household of his parent or quardian." Section 340.03 Minnesota Statutes, Laws of Minnesota for 1953, Chapter 483: "It shall be unlawful for: Any minor to have in his possession any non-intoxicating malt liauor with intent to consume same at a place other than the housenold of his parent or guardian. Any person who shall violate any of the foregoing provisions of law shall be punished accordingly." VIOLATTON OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF 5300.00 OR A 90 DAYS WORKkiOUSt SENTENCE, OR BOTH. My age is Date of Birth Place of My address is Dated: Type of Identification, if any Witness The above form shall be furnished at the expense of all licensees desirinq to use the same and when properiy executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. Section 15. Other Restrictions on Purcha,e or Consum�tion. l. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom thc sale of intoxicating liquor is Eor- bidden by law. . Ordinance Y�35 (Continued) Page 13 � 2. No person shall mix or prepare intoxicating liquor for consumption, � or consume, in any public place not licensed in accordance With the ordinances of the City of Fridley� and the State of Minnesota. � � 3. No intoxicating liquor shall be sold or consumed on a yublic highway or in an automobile. Section 16. Bond 1, Bonds, Insuzance or Deposit Required, � 3 4. 5. At the time of £iling an application for an "on sale" liquor license, the applicant shall file a bond with corporate surety, or a liability insurance policy, or in lieu thereof case or United States government bonds which shall be deposited with the City Clerk. Such bond, cash or government bonds shall be in the amount of $5,000.00 for an "on sale" license. Such insurance policy shall be in the amounts specified in Subdivision 5 of this Section. Approval of Bond or Insurance. The surety bonds or insurance policies required by Subdivision I of this Section shall be subject to the approval of the City Council. Procedure Where Cash or Government Bonds are Used, If the applicant uses cash for security, it shall be deposited with the City Clerk. Z£ United States government bonds are permitted and are used as such security, an assignment or agreement shall accompany then and they shall be filed with the City Clerk. The licensee shall be permitted to clip and take all interest bearing coupons therelo attached as they become due. Surety or Insurance Companies_ The surety on such bond, or the insurer on such liability insurance palicy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Ptinnesota, and the bond and liability insurance policy shall be approved as to form and execution by the City Attorney. All surety bonds or liability insurance policies, when approved by the proper City or State officers, shall be deposited with the City Clerk. Amount and Terms of Insurance. �fi� In the event a liability insurance policy is filed, such liability insurance policy shall be in the amount of $50,000.00 coverage for one persvn and $100,000.00 coverage for more than o:ie person, and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured sk�all become oblig�d", to pay by reason of liability imposed upon him by l.aw for injuries or damages to persons, oth°r than employees, including the liability imposed upon the insured by reason o£ Section 340.95, Minnesota Statutes, Sucti liability insurance policy shall further provide thst no cancellation for any cause can be made either bp the insured or the insurance company wilhout giving ten days notice to th� Cj.ty in wr�ting of intention to cancel the same, addressed to the City Clerk� Furth�r, j,� ,shall provide • . -as-, OXdinance k435 (Continued) � Page 19 that no payment by the insurance conpany shall, in any manner, decrease • the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be con- ditioned that the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injuzy caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability insurance policy. 0 � 7. E7 � � Terms of Bond. All such bonds shall be conditioned as follows: (a) The licensee will obey the law relating to the licensed business. (b) That the licensee will pay to the City when due all taxes, license fees, penalties and other charges pxovided by law. (c) That in the event of violation of any law relating to the business for which the license has been granted £or the sale of liquor, the bond and any part thereof, may be forfeited to the City. (d) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury by, or resulting from, the violation of any law relating to the business for wnich such license has been granted, and that such Yecovery may be had also against the surety on his bond. Bene£it o£ Bonds. Such bonds shall be for the benefit of the City, as obligee, and of all persons suffezing damages under the conditions set fortn in SuYidivision 6. The amount specified in any bond is"declared to be a penalty, and the amount recoverable shall be measured by the actual damaqes. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Anoka County may forfeit the penal sum of such bond to the City. Deposit of U.S. Bonds. If United States government bonds are deposited with the City Clerk in- stead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to the - conditions, forfeiture and p2nalties providFld by the la�as of the S*_ate of htinnesota and this Ordinance. Such assigmneitt shall also contain a stipulation and agreement that such bonds shall remain with the City Clerk, subject to the terms and conditions of such assi9nment and such State la�vs, durinq the term of the license in connection ��ith which such government bonds are deposited, and for 3 years thereafter, at �ahich time such'government bonds may, with the approval of the City Council, be returned by the City Clerk to the licensee. �iti ( -F� — Ordinance N435 (Continuedy r � Page 15 9. Deposit of Cash. • In the event that applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accomaanied by a written agreement and assignment upon the part of the licensee, in form approved by the City Attorney, wherein the licensee assigns such deposit to the City, to be held by the City Clerk subject to the conditions, forfeitures, and penalties reguired by the laws of the Stata of Minnesota and this Ordinance, for the period ot the license in connection with which such deposit is made, and for 3 years therea£ter, at which time such deposit may be returned, with Y.he approval of the City Council, by the City Clerk to the licensee. 10. Affidavit Required for Return of O.S. Bonds or Cash. Upon application for return of United States government bonds or cash as grovided for in this Section, the licensee shall file with the City Clerk an affidavit stating that no action or proceedings has been com- menced in any Court for the forfeiture of such bonds or deposit, or £or damages to any person or persozs under ths terms an� conditions thereof, and that the licensee has no knowledge of any existing claim or cause o£ action under the terms and conditions of the assignment and agree- ment relating to such govern.-nent bonds or cash deposit. Section 17. Revocation. • 1. The City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Ordinance or o£ any Sta*_e law or.Federal law regulating the sale of intoxicating liquor, and s'naZl revoi:e such license for any willful violation which, under the laws of the State is grounds for mandatory revocation, and shall revo;ce foz £ailure to keep the bond, insurance or other deposit required by Section 17 in full £orce and effect. Except in the case of a suspension pending a hearing on revocation or suspension by the Council shall be preceeded by written notice to the licensee and a public hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee, The Council, may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the pezson in charge thereo£. No suspension shall exceed 60 days. Section 18. Penalty. Any person violai:inq any provisio� of this Osdir.ance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Three Hundred and no hundredths ($300.00) Dollars or impriso*unent for not more than 90 days. � Section 19. Enlargement, Alterations or Extension of nremises Proposed enlarr,ement, alteration or extension of premises � previously licensed shall be reported to the City Clerk at or before the time application is made for a Building Penait ior any such change. �C. _`—_. �-. . Ordinac:cc k435 (Cor.tinued) Page 16 �� � • 5ection 20. Licensinq of Employees. � 1. No person shall work as a manager, bartender, cocktail waitress, clerk, or in any capacity where such person sells or serves intoxication liquor on the pzemises licensed under this Ordinance, and no licensee shall permit any such person to be so employed, unless such person, within seven days after being first employed, shall apply for a license to engage ' in such business. No person may be so employed for any length of time if his license is denied or revoked. 2. An application for such license shall be filed with the City Clerk upon forms provided by the City and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of tioo residents of the State of Minnesota, who have known the applicant for a period of two years and who will vouch for the sobriety, honesty, and general good character of the applicant. (b) A concise history of the applicant's grevious employment. (c) The record, if any, of arrests and of convictions for cri.mes and misdemeanors other than t-taffic offenses. 3. The annual license fee shall be $5.00 and shall be paid in advance. All �� � licenses shall expire on May 1. Applications for renewal of an er.isting license shall be made at least 15 days prior to the date of the expiration of the license on such form as the City Council may approve. 4. The application shall be referred to the Police Department which shall investigate the facts set forth in the application and make a written report thereon at the earliest practicable time. If the Police Departsnent recommends that such person be licensed, the City Clerk shall issue the license forthwith. If the Police Department makes a recommendation that the license not be issued, the applicant, upon request, shall be entitled to a hearing befose the City Council and may offer evidence to prove the license should be issued. 5. No person shall be issued a license if it appears that he had committed an act which is a willful violation of Minnesota Statutes 340.07 through 340.40• 6. Any license issued hereunder nay be revoked for any violation of this Ordinance or of Minnesota Statutes 340.07 tihrougli 340.40 or for conviction of any crime or misdemeanor involving moral turpitude. Section 21. Number of Licenses. The City of Fridley is hereby restricted in the issuance o£ "on sale" liquor licenses. That the number of licenses issued pursuant to Minnesota Statutes 340.353 is one less that thc maximum number permitted by �• Pfinnesota Statutes 340.353. That the purpose of this restr.iction is to � enable the City to continue an3 expand the municipal "off sale" operation. Section 22. Liceiise Year. All liquor licenses 5ha11 expire on May 1. . �F� Ordinanc� #435 (Cantinued} � Page 17 vL1 . Section 23. Effective Date. This Ordinance shall be effective upon adoption and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI5 2LJD DAY OF SGPTEPiBER, 1969. MAYOR - JACK 0. KIRKI�IAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: August 11, 1969 � Second Reading: September 2, 1969 Publish.......: September 17, 1969 • � � `!�� �1 ORDIMAt�CE N0. 405 �. � AN OROINAP;CE RELATING TO LICENSING A�D REGUTAT(NG THE USE AND �ALE OF INTOXICAT(NG LI�UORS BY CONGRE5510Pl�1LLY C�IARTERED VETERA�'S ORGANIZATfONS AND TO PROVIDE PENALTIES FOR VIOLATIONS. � THE COUNCIL OF TNE CITY OF FRIDLEY DO ORDAIN AS FOLL0I�S: Section !. Definitions. A. The term "Congressione:lly Chertered Yeterans Organiz<�tions" sh.�i! mean those orgenizations which qualify for license under the terms of b1innesota Statutes, Chapter 340. B. The term "person" shall mean a�d include a natural persoh of either sex, persons, co-partnerships, corporation, and associations of �ny persons, and shall include the agent or maneger of �ny of the afores�id. The singular number sh�11 incfude the plural, and the mesculine pronoun sh�ll include the feminine and neuter. C. The term "on sale" means the sale of liquor by the glass for consumption on the premises only. Section 2. License Required. No person or org��nization shel{ sell, deal in, or dispose of by gift, sale, or otherwise, �ny liquor without firrvt having obteined a ficense to do so from the City Council; provided, however, that this section sha{1 not prohibit the giving or,serving thereof to guests i� � priv�te home, shall not prohibit the safe thereof by <, menuf��cturer or distributor to a person holding �-� license thereunder, and sha(I in no kay effect the operation oP the municipat {iquor stores. . i �:� �� Section 3. License�--Kind and to whom issued, "On sale �{icenses only" may be issued to Congressionally Chertered Veterans Org�nizatio�s which have bcen in existence for ten (jd) years prior to January (, l966. Such organiz�tions she{I be issued for the sale of on sale liquors to members of the orga�ization only. Section Q. ApPlic�tions for licenses. AIl �pplications for licenses hereunder shall be made to t}ie City setting forth ell information necess<ry to show whether or not the applicent qualifies for such a I"icense under this Ordinance, together with such �.dditional information as mzy be required by the .City Council. Section $. License fees and li<bility insurance. The {icense fee for one year shall be One Hundred and no hundredths ($4Q0.�0� Dollars. AIl applications shall also be accompanied by a IiGbility insurance policy which shall be in the amount of � 50,000.00 coverage for one person and � 100,000.00 coverage for more than one person and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums the ins�red shall become obligated to pay by reason of iiability imposed upon it by law for injury or damage to persons other than emptoyees, including the liability imposed u�on the insured by �linnesote. �St�tutes Section 34�.95. Such liability insurance policy sha{I contain such other end addiiion.�l provisions as provided by hii�nesot� Statutes Section 340.12. A{1 ficenses shall expire on the 30th day of �pril of each year in which said ticense is issued. A fee for renewal of �ny license issued under this ordinance sha11 be paid to the City Clerk prior to the Ist day of.�tay of the year for wfiich said ficense fee is required. Section 6. Applic�tions investi�ated. The City Council shall c�use an investigation to be made of all facts set forth in �he 2pptice.tion. Opport�nity shall be given to �ny person to be feeard for or against the granting of eny license. After such investigation of the application, a license may be gr��nted or refused at the discretion of the City Council. Section %. Terms and conditions of licenses. A)f licenses granted hereunder shall be issued subject to the following conditions, and all other conditions of- this ordinaace, and subject to afl other ordinances oS' the City ��ppliceble thereto: A. The license shall bc posted at ell times in a � conspicuous place on the licensed premises. �.' 6.' P�o sate of any liquor will be made to any person � under guardie.nship �or to any person under 21 ye�rs of e.ge. � C. No gambiing nor any gembling device prohibited by law shall be permitted in any licensed premises. D. A11 licenses granted under this ordin��nce shall be issued for the premises designated in tFie application. S�ch license shall not be tr�nsferred to another ' ' place without approval of the licensing avthority. E. No (icense shatl be granted within six hundred (600� feet of any pub(ic schoot nor within six hundred (600� feet of �ny chu^ch. F. 7he licensed premises shall be open to inspection by any police or heafth officer or other properly d�signated officer or employee of the City at �ny time during which the club sh��l! be open to its members for business. G. The sale of intoxicating liquor under such license is restricied to members of the club which holds the � license. N. The licensee shall strictly observe a!I of the lai•:s relative to the "on sele'" of intoxicating liquor as set forth in the Fiinnesot� Statutes, together with all the rules and regul�tions of the �tate Liquor Control Commission insofar as they are �pplicable. � (. The liability insurence poiicy as required by this ordinance shall be in full force and effect during the term of any (icense granted i�ereunder. Section g. Sales �o intoxicated persons prohibited. No licensee shall sell or serve such tnxk� liquor to eny intoxic�ted person or persons or permit eny intoxicated person or persons to rem��in upon the premises occupied by the holder of such license. , :93 Section 9. Disorderly conduct Prohibited_ No person or �persons shall conduct himself or themselves in a disorderly or boisterous manner upon the premises of a licensee holding �zn �"on sale" license, nor sh��ll such licensee permit or suffer such conduct upon such IiCensed premises. Section (0. Revocetion of licenses. Any license grrnted here- under may be revoked by the City Council for cause. Cause For revoc�.tion shail be vio(ation by the licensee or its emp4oyees oti dny fhw of the Stete of klinnesota relating to intoxicating liquor or viofation by the licensee or its employees of any provision or condition of this ordin�nce. A license shzl! be deemed revoked upon the passage of the City Council of a resolution to that effect, .nd no portion of the license fee peid sh�lt be returned upon revocation. Section II. Repeal` AIE ordinances or parts of ordinances of this City inconsistent herewith are he�e6y repealed. No provision hereof shall affect the municipal liquor stores. Section (2. Penalties. Any person violating any of the provisions of this ordinance sh��ll be guifty of a misdemeanor, and upon conviction thereof, shall be punished by � fine of not more �than One Nundred and no hundredths ($100.00� Dollars or imprisonment in the County Jail for not more than Ninety (90� days. �f PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS 4TH DAY OF __ rrovEr�Ex , 1965. AtAYOR - JACK 0. KIRKHAFt ATTES7: CITY CLERK-h•i�RVIN C. BRUNSELL F i rst Re zd i ng: OCT03ER 21�1968 _ Second Reading: NDPEPIfER_4, 1968^ Pub I 1 sh : NOVFitEER_1�.,�1968 . -�'� , �u � � (O[Htul Pnbilcatloe) � . , dRDLYANCE NO. ZY6♦ AN ORDINANCE AtlENDIN6 CHAPTF,R 81 Il5' ADDIA'6 A BEGTTOV SL061 RF:QUIft[\'O AN � - ON - 56LE LICENSE TO IIE THAEB HU?1DItE0 FF.E'[ AWAY FRO�i ANY SCllOOi OIt CHVHCA � � 'Iha Ctty Councll oE the Gt) of FtiNe7 do orEain as fallowe: Seetlon I. That C6apter 8I o[ the Gtp � Code of Nridle� M amentled_by atlding theteto a sec- � � . or � oF ctiurch 1� the main � '. the premtee� Lhe applicatlo cnurcn or senoot�s es[aousnea after Jaauary 1. ID&S. Passed by the C([y Couacil ot the City of FT1Ctty thle 21st dap o! Dettmher, 1s64. WILLIAM 7. NEE, Maqor ATTEST: MARVIN C. BRIINSELL, , City Qerk First Reading December R, 198�. Sernnd Reading: December 21, 1981. (Jan. 8, 1963)—TC-2A 0 -- �.. . . `� � � (O1PIc1ai PubUcaLLon) OItUINAYCE NO. '2Nn AN U��UIY.\yf.l; RF,LA'PIYf. TO '�91Y. CONSll?1YT10>J UF INTQX- ICAT�V(: I.IQI:OltS 7V I•UfSLIC !'I.AGES AAU Pt[UVIUIFC: [.1- CF:\SF:S TfIF.ItSFONh:: 1YC06- POHATI?i0 IIfYVli50TA ti'L�1T- 1%'rF.S Cf/APTEf[ 1110; �R\D PRO• pIUIYC. }'Ey:1LT[ES F'OK� VIO• LATINfi 1'ne City Council of the Crty o[ k'ntlley no oraa�n as wllows: aecuu¢ 1. 'fne City Coue o[ lhe Ci�Y ot Fntlley is ��e[eby amenu� ea antl Uieve u hereoy promW- gatea as uew Chap[et e. uf tlie u[y Coaa ot FricUey, the lollow- ln6: a�.Ol �De/uti4ona) As used here• 1n, the lollowing tleWlilianv ShaLL shall mean a . ot either sex, Cotporation or >c�8uon oE per- gWan shall in- vl antl the mas• . shaLL lnclude (bf "lntoxicating L i q u o r" shall mean any dastilled, ter� mented or vinous beverage Coataiaing more than 3.Zqo ot aicohol by weigLt. (cl "Onginal P a c k a g e" means the sealed ho[lle or oNer container in wh�ch lia- uor is Alaced by the manLLCac• turer. !tl) "E'uhlic Place" shall mtan any place, other than a D[ivatC home whete two oi more persons o� groups of persons or [he public congre- gate or trequeat, and shaLL in- �{uCe but mt be limited to clubs, taverns„ beer s[ores, drug 5tores, restaurants and Dotels. _ (e) ' Sotfle Ciub" mean5 any private flub as detined in M,S.A. paragraph 340.07 sub• division T, ot any unincorpo� ratetl soctely which shall have mOre than 50 membet5 and which shalt have, for more lhan a year, owned, Nt?d, or leasetl space in a build�ng of such extent and character as may be suitable and adequate [or ceasonahte and comYOrta• ble accommodations for i t s (q "PUbtic UnNting Yia means any public place wl ser�es liquid;. which are may be used for the pup� of miwng with intosica liquars to be consumed on yremises. ot indl�ectly N any priva[e ciuo or public place oi upon any prr hnse or by any device, allow the ronsumption or tlis?�ay of in- bxicating liquor nor serve nar peimit to be sen'ed any Iiqwd tor the ouroose oi mivnS �vith naving receivea a i�cense auca ed�d a tee as hereinafter provid- 64.03 (Licenses and Fees) Li- censes shall be issued for the fo4 lowing establi�hmmts nnd t h e le¢s sllown charged pec year: a) "Bottte Gub" Qncluding Public Dri�ktng Placel S'-OO.W D) 'PUb4c Drinkiug Place" $300.00 84.Oa (AppLcalion toY License) ApVlicalion tor license inay be made bp any person b3' cubmib ting to the City �lona�rr a u'rib ten statement iu�der aath, .e[[ing fol�h the name o( �he applic�nt. his address. oicnecs o( the appli� cant i( nt9er than a n+tural �icr. con, t�e businrss in cor.neetion with which tht prouosr3 ]ire:ur wiil nl��'ra:z, its loca:ion. �rhrther or not lhe ou�:mr M a��ners ��ere ever cnnvictetl o[ a rn:ne and whclher or not tlie �ippimant hn� evM aVP11e�i for ur hefd. 1n nther cominunities, a liren.c tn srll or pcnnit cousumytion on hfs p[ew- Ises of into�icatmF liquor �nd such other inWnnntinn xs tl�e councit fnar icquice Scom tlme to tlme. ApD��catian shaA De on a standard form lo be pravideQ Ny Ine A6Uninpahly. , 8�6U> (F'ces YaYable) Each uP nGca[iun toc a licenye shall Ue fu❑ u( Ihe ra�uird tce for tBe Ireense. Ali [arev shall be paltl m� tn the general tuntl of t�e mu� nicipalltY. �P�n rcJection of anY appbcatmrt tar a hcens-e, thn Cfty .11an�ge� shaLL [efund the nmoun[ paitl, lesx any costs foF process� inni 06 �DUration) NI llCenses shall expire u� [he last day of June In each year. Lach licenie s�all be issuetl for a period of one QY �'eac I.icenics tur dottle at the tlme oE un- iro parL di the fee paid tor llcense issuetl under this nance shail be retunded e� irt Ihe (ollowinq ins[ances: 1 � a proaata por[ion ot � the urtexpired period ense, computed on a �sis, when operation of d� buslness ceases not one month Ae[ore ex- ticense because of: Uuction or damage o[ mseA premixs by fire ProzimitY o es and sha any person agamst the cen_=e, an r 40�dRCit SR3ll �1'drt[ OT IPILLSC 1I:Q license in aecordance a�ith [he Drocision of this C�anter. Fd.OS (Persons Inelig�ble foi Li- cense) Fo license shall be granb ed to ans person: a� Un�er 21 Sears of age. b) Unle3s he �be tha actual owner or p;oprietor of the plce ot busines� where he In• tends to permit snch con- sumption af intapcating liq• var. N No license shall be granb ed to any person who already owns er has a direct oS im direct inlerest in a license pro�idetl for in thls ordinance. d/ �Vho has Deen cmvicted e1 \5'ho is a manu`.acturev or u'holesaler of liquor ar �vho is interested in the control of any place where liquor is {Licenses; Ownetship) IC x a condition of every L- �ha[ the licensee fuinish the lerk a list ot all persons. ot corporatimis having an t in the lirensed business the dutc oI cach fieensee W not4 (y Ihe Ci[p 1lnna¢e� af any chanee in le�al a�vnership oe ben. eficial intere,t in snch business n� such sharcs. Anv chan^e of addms> or Cer.elicial 1n:��rest or stock enti!led to A^ Cn�ec! at any merlmg ef t:�e stuckhnidprs of a enrPOr�te licen�ee �chivh results in vutin6 control ot the corpm iatinn In penonv mrnin� chares of stork Ihrrcin shall hc cleemrd equlcalent ln a ir�ne(^r of l?�r li� ttns2 is.v!iecl to such cniP�[olion and iuc surh licen<r :hall 6e r.^. vokc:I :hirh� C:O) Aai. aflep miY xucL changi of mvner�hiP ar Irmi� elicioi iNerv<t nf >i��res uNe.s� lF.e Citc Cuuncil shatl ha��e 0cen nntificA o! such NianKe in �eri4 i��K anA shall h,.�c annrnveA tTereof. The City Cnunoil or anr o(I�cer tlesiFr�led lhereby ma)'. at any reasonaUle tima, examine tfi.e s�!�ck lr:insfcr, recnrd nntl the rninute book of any corporate 4- cen;ce. B��.W (Ylaces Ineligfble) a) ho I�cense sAal[ Ge x[anL ¢tl lor s'sle Wi d�y p�'c�ntse5 where a licensee �as bxen convlctetl oI tl�e �ia7atio:l a[ [ms Chap[er or where auy li- cense hereundet n�s Ueen re- yoked tor cause un[il slx (51 r.�onln, have eLapseQ a[tec such ronvic[iun ot mvocat:on. 84.11 (I.icensee Accommotla- Nansl 1Te L�em�ser nametl in the ucense snall at aLL fimes be voen mr mspecaon and examination Ly any Iwuce or �eal[h oIltcer of Ihe CItY. et.i2 �License not Transferable) Eacn 1¢enx snaR be issuetl to tne app�can[ unly antl s�all no: ne vansierau:e m anot6er nolG- er. k:ac� Lceuse shall be issuetl only m tne prer7ises Cesctibed in me apptica4on. No Ucense may oa ttans�tcmU to anot�er p:ace w�mou� tne approval of the C�ty t,auncil M.13 i:�x�nors) I[ shall be uNaw- N! tor any: a) Person to pcocure i�Wx1- caticg liquuts [or any minx. b) Yerson [o permit a mmor io consume intoxicatUig Gq- uorv on [he premues ai sa�d pCISOR. c� .iinor to misrepre5ent his a�e for the p�rpose of abtain• ing sei�ups [o use tivitn inlox� �cati�g liquot. G� .Imor to have in his yos• sr_ssion any in[owcaling liq- uors. e) Gub memUer untler t�cen- ty-one (2l) to be asslgned a locker tor [he stm'age of im [oxicating liquor, or to d1s� play ot be permitted to dis play m[oxicating 1 i q u o t on "Bot[1C Club" premises. Siid I�a licensee nor other per- son shaLL cunsume or Uispiay, or allow consumption or display o: mcoxireting b4uor on any Sm• tl�y behveen the hours of 1:CU a.m. antl 12:W noon, nor Cetx�ecn tne hours o[ 1:00 a_m. znd 8:��0 p.m. on any election tlay in the aistrict in which ti+e elecuon shaSl be heid; and I�o safe shali Ge made be�x�een the ho�vs ot 1:00 a.m. antl B:OU P.ni. w piov�tlE¢ as pe=� �ales, consumption, No P��son oth_r �es shall te ner. ticer s$all 'nave �the unqualified tight to enter, inspec[ and search the p�emises of Ihe licensee um der this Ctupter during businPSs hours without a searcb and seiz- uce warcant. 8116 �Revocation) T'he vlolation o[ any provision ot t�is Chap(^r by a ticensee or aSent, sM1all be groimds far revocation or susoen• siort of tne Ucense. He�ore cevo- cation, the Jlcensee sha❑ be p^a vided rvith ivritten notice settir.� out the wture uf the char�es aqain>t the licensee and set[io� a tla[e mr hearin;; be(nre tite City Coimcil. not lcss than eigh[ ("ol da)'y from t�e scrrice of saitl I�o� �nptlon) 1'Ae licensing CnaP�zr shaLL not bc to non-profit <ervice &i.13 (Penalty) This C h a p t e r .hall consti[u[c Ch�Pler 8} e! thr Ciq' Code o[ Il�c Ci!�� nE F'rid!rr and aIl general Penvuians u! the llly NCr. inc:uding CS:�Pter 1L�$ enlilled '7'enaluc�' sl�all aVply lo U:is Ch:�pter. F:195i:n A.`�P Al]OP1'F'D B}" THI? CI'CY COO�CLL OF TifF. l'ITl' OF' I'RIDLF:Y ffI7S :Diif D:\S' OF JUIR. IJ6+. \�iLLi:\,ll 7. NF.E TU7er MAHYIN C. RRtTriSELL City Cicrk (JUl>' xl. 19GS1-1C �� _' —�� � � �� ORDINANCE NO. 188 AN ORDINANCE REIATING TO LIQUORS, Ih70X1CATING A N D N O N-INTOXICATING, INCORPORqT7NG P R O V 1 S- IONS OF hifNNESOTA 1959 SATUTES, CHAP7ER 340 BY FEFERENCE, PROHIBITING VIOLATIONS AN� IMPOSING A PENALTY FOR YIOLATION THEREOF. TiiE COUNCII, OF THE CITY OF FRIDLEY ORDALtiS: SEC. t: MINN£SOTA STATU- TES, 1959, CHAPTER 340, �N- CORPORATED BY REFER- ENCE. Escept as othen�ise herein- aiter pro��ided, the rewlatory provisions of bIinnesota Statutes, 1959, Chnpter 3i0 and acts mnendatory thereof, are hereby adopted as an ordin�nce irlat- ing to :ind mgulating the posses- sion, sale, purchase, bnrterine, gi�•ing au:1y, furnishing, trans- frrrinq or other�vise disposin� of liyuors intoxicatino :md non-iii- [osicating, aud are hereby inrnr- {u�rated in and made 1 part o[ this ordinance as completely as if set out hcre in fuli. SEC. 2: VIOlAT1�N OF STATUTE DEEMED VIOLA• 7tON OF ORDINANCE: A violltion o( any s[atute adopt ed by refcrence in Sac. 1 here- inabove which is deemed therein � to be or is puni;hahie as a mis- demelnor is a vio(ation of [his ordinance when i[ occurs within ihe City ot Fridley, Any person yiolating any provision of this ordinance as adepted by refer- ence shall be guilty of a misde- meanor and sha11 br punished Dy � x fine not to exceed 51�0.0p or by impriso.vnen[ in iai( not to exceed ninety i90) days, 6ut if a minimum fine or imp.-isonment is presc[ibed by the st�tute for au offense under the statute, then such penalty shill apply, l�l:ewise, to a person convicted of the same offense under this ordinance. Any violation of the s:atutes incrocp�rated herein by referen;e for �vhich the punish- ment is gc�eater than that provid- c� for a mudemeanor shall be prosecuted under the s.atute and not as a violation of this ardin- a�ce. SEC. 3. ADDITIONAL RE- GULATIONS: - (1) Sale and purchase, and delivery and transfer of fiquor. For the purpose of this sab- division, in the absence of striM proof to the contrary, the pur- chase and sa1e, an� dclivery and h•ansfer of any liquor is deemed to occur at the p:zce at which Uie purchaser or tzans.eree ac- cepts possession of the liquor from the seller or transferor thereof or from his agent or em- ployee therof. Ii the p�archaser or transferee o: s��h liquor pei- mits the seller or transferor or any employee or agent of such seller or transfe:or to retain or reacquire possession fhereof, the place of purchase and safe, and deli��ery and transfer, shall oe c'eemed [o be the piace at tvhich posse.;sion of such ?iquor is there- after rc-delircre3 ar re-trazis- � � ferird to the purefiaser of trans- Ieree. Intosicating liquox shall r.ot be sold in the City of Frid- 1cy by any person, by any ]iquor store, or an aecnt or employee thereof, esccpt in �nd upon the premises in the Ci[y o( k'iict(ey occupied by thr *.iunicipal stares. Non-'vitosicati�i,r, ]iqvor shall not bc sold in the City of Fridlcy by cmy person, or 6y any ]iquor store, or agcnt or cmployee thereof, except in and upon the premises in the City of Fridley occupied by the Ttunicipal stores, or by the holder ot a ticense duly issued the�fore by the City of Fridley. No liquor s:iall be deliv- o�ed by any perso�, or any ]iq- uor store, or ayent or employee tl�ereo[, pursuaiii to any sale, to the possession of any minor or inmmpe[ent per�nn; nor shall ecs[ody thereof be transferred in any way by such pcison, liq- uor store, or agent or emp oyee thereof, to either of [he c�me, nor shall de!ice:y of a:iy liq�or hc made or the wstody b^ t:a�s- ferred by the seller to aay per- son other than the a�tual pur- chaser ot such liquor, u�less such recipien[ is an emp`oyee or agent of the �u:�hs;zr autSoriz- ed to reaeive s:�ch liquar, and the i;lentity and conpeterme of the purchaser th:_eof, are fully dis- dosed and are known to th� sell- rr of such ]iqaor, and when de- livery or tran=;er is made subse- quent to a scle by any a�ent or emp!oyee of the seller, then aiso to thc a^enY or ea.ployee r.iakin� actua: dalive:y or teans- fFr a such Pquor. This sub?ivi-�o� doas not ap• ply to �icli:•er}� oC tiqeors by a �:�hole-al� liqu�r d�aler, ware- housemn:i or b:ewery mlking de- P�'eries to a municipal lipuor siore in thc Ci[y of F'ridley or nny deliveiry by a mcnicipal liq- uor store in the City o: Fridley to a wholesale liquor dcaler, o: to any club or public place hold- in� a licea;e issued by the Liq- uor Control Commissioner of the S[ate of M¢inesota. SEC. 4: The provisions of this ordin- xnce shall be construed as sepa- rate and screrable in all re- spects and ihe im•alidity of any s�ction, paragraph, sentence or clause or any p:trt ffiereof shall not affect and make incalid any �tl�er section, paragraph, sent- ence, clause, or any parY thereof. SE0. 5: A violation o[ this ordinance is a mi�demeanor anci is punish- :.Ule by a tinc not to exceed the sum of S100.0p, or by imprison- ment not fo c�ceed ninety (90) dnys. Passed nnd ndoPted this 5th clay of SePtcmber, 1961. b4npor - T, li. Greig City DimiaFCr - Earl P. Wa!;ner First ReaQing: August 1, 1961. Sewc�d Rcading:' SepL 5, 1�J61. A'ews; Srpt. 19, 1�J61 �� ,I� � � � �>.�.'.1 .J�..i OA�INANCE MO. 52 AN ORDINANCE REGULATING TAVERNS AND FOR THE LI- CENSING THEREOF AND PRO• VIDING PENALTIES FOR THE VIOLATION THEREOF. The V111age Council of the Vil- lage of Fridley do Ordaln as fol- lows: 5ection 1: No person, firm, or corporalion shall operate a tavern within ihe limits of the Village of Fridley without having paid en annual license fee of �12.00 and having secvred a permit to oper- ate such a tavern. Said fee shall be in addi[fon to any license fees for the on-sale of beverages but supercedes any fee heretofore re- quired by said municipality tur dancing or entertainment. Section 2: The ]icense fee above pmvided shall be due and payable on the lst day of May of each year, and shall not be transferable un- less by consent of the Council. Section 3: A tavern as hereiR �sed shall be any place �vhere nal[ beverages aze sold and where entertainment and/or music shall be at any time provided. Section 4: Taverns shall be sub- ject to all the regulations and ir- stricUens contained in the ordin- ances of the municipality regulat- ing non-intoxicating malt bever- ages and any violation of any such ordinance may be grounds for the eancellation of said license if the Council shall so decide. 5ectlon 5: A tavern shall in- clude the right to allow � 4uhlic danCing. However, no persons un- der the age oE 21 years shall be allowed to dance in said tacern unless in the company of his or her parent or parents. Section 6: ?.ny Person ��iolating any of the above provision of this ordinance shaU, upon conviction, be fined not e�cecding 51�� oc be i-nprisoned for not exceeding nine[y (90) days. Passed this 4ch day oi ,lSay ?.�a3. CARL F'. H.1RTbI�V Mayor A'STEST: WARD \ORLING Clcrl: Pu6lished in the Columbia Hcighis Remrd May 7, 1953. � �� �i� � l�- ORDINANCE NO. 47 .\n nr�ii�:nn:,- am,•nJu�g or�;� i:r�:ir�. G�. 14. b. i:���; a:i nrdinancr rry;ulatin� [li�• �.dr ul non-in- lo�icalln4 malt liqu,rr. and �;on� c.vning the costsumption o( +ion- intnzicatin�; m�lt liquor b}• .� prrson un�i.-�:� �a-rnlp onr >�a•a:.. oF a�e. 1'hc ('ouncil o! th,� \'d1a�;r ot k'ridlrv do ordain as lnllo��'.: Section t \n p:.c:con x1:a❑ s�•11 or sen��� nnn-int��tcatln�; mnit Iiqlwr to :inc persun :u:.trr n.,•n:y ou�� _�rars nC agC. Section 2 Vo P�r:sn:i �c�.�!.�r No•nt�� .in�� �..nrx of ;+g� ,iiall consun;.•. pur' �dr.s.. ni ca:nr w hi• srrcr�l :m�' non-in�nvc:r•int n:ait Gquar m :he premists ��! :�1:}' r.!ubliiluucr.i . .nsr�l und..r .i:n ordinarcr. Scction 3 �rrtirnt 5 � . � ..::r.n:.�.� ..�� 1�1 �• e.�.��L� .,��e'..<i�. n.:�' .. i'.�s.��,! 6� Ih. \'.!I.•r. , •�:w•ii '..is :+Ih d��c � . 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C�s'"s c�..�..�n �La�, ��+) �i��2:i2 [3�1 P;�r�'-=--o C?A�d a i'�.b.'�..3.r�sti :� tha �'o?�Y��- ^'����� �~�.+ard e�. ��,�as� 32, a�39. r� � � � City of Fridley 1iYu APPEALS COMMISSION MEETING — April 26, 1977 Page 1 __ CALL TO ORDER: Chairwoman Schnabel called the meeting to order at 7:30 P•M• ROLL CALL- Members Present: Schnabel, 6abe1, Plemel, Kemper, Barna Members Absent: None Others Present: 12on Holden, Building Inspectian Officer APPROVE APPEALS COMMISSION MINUTES: APRIL 12, 1977 MOTION by Plemel, seconded by Kemper, that the minutes of the April 12, 1977, Appeais Commission meeting be approved• Upon a voice vote, all voting aye, the motion carried unanimously- Chairwoman Schnabel suggested, that since the first four items on the Agenda were all the same request {except for the square footage on Item 2 and Item 4, which were minor variations}., perhaps the Commission would consider handling all four items at once in terms of gathering information• MOTION by Barna, seconded by Gabel, that the Commission handle the first four items of the Agenda at once in terms of gathering information• Upon a voice vote, all voting aye, the motion carried unanimously• 1• REQUEST FOR V_ 2• :, , G ON {Request by Lambert & Fridley, MN 55432} , y, 3, S! OCK 2+ MEA SBORNE ROAD N•E• Peterson, I�c• 1 OF THE FRIDLEY C {Request by Lambert & Peterson, Inc• Fridley, MN 55432}. �c a� F� I 0_Yil�' EROM 1,0,��❑ OPd 205.�3 4, �, T TA �9 FFFT OPJ OF A TWO OR TERRACE, THE DLEY, MINNE30TA• sborne Road N-E•� ODE AS FOLLOWS� FR4M 10,000 I0��1��� 4, C T TO 29 FEET N OF A TWO FAMItY ACE, THE SAME MINNESOTA• sbor-- ne Roa� N•E-, � ---,..� i��-', Appea2s {ommission Meetinq — April 26, 1977 Page 2 3• a• RFn1IFST F_OR_�j1RIANCE�_OF THE FRIDLEY CITY_CODE AS FOLLOWS� SECTION 205•�63, 1, TO REDIJCE THE LOT AREA FROM ��� SQUARE , [SClIYI] .11»L-.11JJJ IILHLVWIIVVI\ UI\1VL Iv•1._•l {Request by Lambert & Peterson, Inc•, 1 Fridley, MN 55432}. AR , {Request by Lambert & Peterson, Inc•, Fridley, MN 55432}. L rne Road N•E•+ sborne Road N•E•, The above variances requested by lambert & Peterson are on property that is presently zoned C-1� and any approval of variances k�ould be contingent upon approval of a rezoning request to rezone to R-2• Chairwoman Schnabel asked if there was anyone in the audience representing these items• At this time, there was no one present• ADMINISTRATIVE STAFF REPORT A• PUBLIC PURPOSE SERUED BY REQUIREMENT� Section 205•063, 1� requiring a mznimum lot area of 1�,000 square feet in an R-2 {two family dwelling areas} zone• public purpose served to avoid the condition of over- crowding of the residential neighborhood• Section 205•063, 4, C+ requiring a minimum rear yard of 25i of the lot depth with a minimum of 25 feet in an R-2 {two family dwelling areas} zone• � C� public purpose served is to provide desired rear yard space to be used for green areas which add to the attracta6ility of the neighborhood• � A eals Gommission Meeting — April 26, 1977 Page 3_ B• STATED HARDSHIP: 1� iLots, if rezoned to R-2, cannot be developed without requested variances• C• AD�INISTRATIVE STAFF REVIEW= The configuration of the loi is such that in order to maintain the existing front yard setback of 35 feet, the structure must be shifted to the rear• This shift reduces the rear yard to less than 25i of the lot depth required by the City Code- Approval of this request would 6e contingent upon re2oning of the property• Chairwoman Schnabel gave some background on the items- She expiained that at the Planning Commission meeting of three weeks ago, the petition came through to rezone these properties from C-1 to R-2• She explained that of the lots in question, two lots are located on Osborne Road and two lots are located on Meadowmoor Drive• The petitioner had requested the zone change to R-2 because he wanted to build double bungalows or duplexes on each one of the four lots• Chairwoman Schnabel continued to explain that at the time this came befare th Planning Conmission, the petitioner did not show• However, she stated that a great number of the residents � {primarily ones who lived on Meadowmoor} did show at the meeting• They presented a petition to the Planning CDmmission asking that instead of rezoning the lots to R-2, that they rezone them to ft-L• Chairwoman Schnabel explained that they felt they were already overcrowded in the area in terms of the child population• Chairwoman Schnabel indicated that since the peCitioner wasn't at the meeting and after much discussion, it had been decided that the item would be tabled untii the petitioner could attend a meeting to explain his viewpoints• This was decided espetially because of the great opposition from the residents• She said that the item was then tabled until May 4, 1977� MOTION by Barna, seconded by Plemel, to set aside these items until later in the meeting, in the event that the petitioner or someone representing this request would show• Upon a voice vote, all voting aye, the motion carried unanimously• The petitioner never made an apQearance at the Appeals Commission meeting of April 26, 1977• Mrs• Gabel made the comment that since no one was in the audience for the first four Items and the petitioner did not show up, and that it was obviously a situation that had many questions that needed to be answered, she felt the items � shouid be tabled• Appeals Commission Meeting — April 26, 1977 page 4 lo� ax�z`MOTI4N by Gabel, seconded by plemel, that the Appeals Commission tables items 1 thru 4, until such time that the petitioner indicates another request• Upon a voice vote, • all voting aye, the motion carried• 5• REQUEST FOR VARIANCE OF SECTION 2�5•d53, 4, {gy} 3 , , , rilNNt�ora• tKequesL oy doe durmis, erce Street N-E• Fridley, Minnesota 55432} M4TION by Kemper, seconded by Barna, to open the public Hearing• Upon a voice vote, all voting aye, the Public Hearing was open• ADMINISTRATIVE STAFF REPORT A- PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205•053, 4, 64, requiring a side yard setback of 5 feet from an attached garage• N•E•, public purpose served is to provide space between individual structures to reduce conf2agration of fire, to provide access to the rear-yard for emergencies � and to limit the condition of crowding in the residential neighborhood• B• STATED HARDSHIP: I want to store an additional car� snow blower, lawn mower, etc• in the garage• The present garage is not big enough as the door is in the center• C• ADMINISTRATIVE STAFF REPORT= The survey shows that the proposed 14 Foot addition would be 2•3 feet from the cammon property line to the south• The house doesn't lend itself to adding a garage on the North side• The existing garage does have living space above it• The existing South garage wall will remain intact except for a doorway opening• No additional living space would be added to the new garage site• The neighboring garage is 10•9 feet from the common 1ot line• If constructed, the distance between the garages would be 13•2 feet at the closest point• � -aier- Appeals Commission Meeting — April 26, 1977 Page 5 Mr• Burmis told the Appeals Commission why he wanted �QQ to add onto his garage• Basically he needed room to store � a second car, snow blower, lawn mower, etc• He indicated that the party next to him would have no objections- Mr• Holden had a survey that verified that the garage next door would be 10•9 feet from the property line• Chairwoman Schnabel indicated that, with Mr• Burmis' additional 14 feet would bring his garage to 2•3 feet from the property line• Chairwoman Schnabel asked Mr• Burmis if he intended to put living quarters over the new garage addition• Mr• Burmis indicated that he would not be putting living quarters over the new garage addition• Chairwoman Schnabel asked Mr• Burmis what type of roof line he would have• Mr• Burmis indicated that the new roof would be dropped down below the two windows on the south side of his present garage• Mr• Kemper wanted to know what the living space above the garage was being used for• '� Mr• Durmis indicated that it was an extra 6edroom that they no longer use or need• He also said that the existing wall of the garage would not be taken down because of this room- Mrs• Gabel asked for verification of the fact that he would he using the new garage addition for an additional car and for storage? Mr• Burmis agreed• Mrs• Gabel wanted to know if there would be a door between the two garage sections or if the garages would be two separate buildings• Mr• Burmis responded that there would be a door in the existing wall• Mrs• 6a6e1 asked if Mr- Burmis could presently get into the garage from the house• " Mr� Burmis said that yes he could• � pppeals Commission Meeting — April 26, 1977 Pa9e 6 1��'_ Mr� Kemper asked f1r• Holden if he had looked at the cur– rent elevation of the house as to how the garage addition would look• Mr• Holden indicated that it wouldn*t look too bad• He said that there were broken roof lines all, the way down the steet• Mr• Kemper asked Mr• Burmis if he was going to do the work himself• Mr• Burmis indicated that he was hiring someone to do the work• Mr� Plemel wanted to know what was the exterior of the home• Mr• Burmis indicated that it was stucco and that the new addition would also be stucco• Mrs• Burmis explained that the present garage door was fiberglass and that the new door would also be fiberglass• Chairwoman Schnabel asked if there was anyone in the audience regarding this request• There was no response• Chairwoman Schnabel asked Mr• Burmis if he had considered building a separate garage to the rear of his property instead of adding onto the present garage• Mr• Burmis indicated that he had but didn`t feel it would 6e feasible in his case• He felt this way mainly because he would have to have a driveway and he would prefer to have the garages attached• Mr• Kemper indicated that in looking at the Code, garages abutting each other could be as close as ten feet, and since this garage would be 13•2 feet, he uid not feel it would be violatinq the intent of the public purpose• He also agreed with Mr• Burmis that it was difficult only having a single garage• MOTION by Barna, seconded by Gabel, to close the Public Hearing• Upon a voice vote, all voting aye, the Public Hearing was closed- Mrs• Gabel indicated that since the intent of the code is not being violated, and that the garage next door is big enough that, most likely, won't need an addition, she could see no reason why this request couldn't be granted• � LJ � � �J � ""Appeals Commission Meetinq — April 26, 1977. Rage 7 Chairwoman Schnabel indicated that on the north side of the property there is 20 feet, fairly unobstructed, that emergency vehicles could get through to the back property• Mr• Holden pointed out that since there was less than three feet from the lot line, there could be no openings on the south wall• The South wall would have to be a solid, fire wall• MOTION by Barna, seconded by Gabel, that the Appeals Commission allow the variance to reduce the required siae yard from five feet to 2�3 feet to allow a garage addition, with the stipulation that there would be no openings, at all, an the south wall of the garage; and that the south wall be .built as a fire wall• Upon a voice vote, all voting aye, the motion carried• Chairwoman Schnabel explained to Mr• Burmis that his request for a variance had been approved by the Appeals tommission and that he was now free to proceed with obtaining a building permit• She indicated that City Staff would want to review his plans• 6- iil STREET N•E•, FRT�LEY MINN cOTA. {Request tiy �raig willey� 32� Main Street, Anoka, Minnesota 55303}. MOTION by Hearing• Upon was opened• Barna, seconded by Plemel, to open the Public a voice vote, all voting aye, the Public Hearing Appeals Commission Meeting — April 26, 1977 Page 8 1g2' A. � ADMINISTRATIVE STAFF REPORT PUBLIC PURPOSE SERVED BY REQUTRLt�fEIVT: 1. Section 205.053, 1, D, requiring a minimum lot area an a lot recorded before Oecember 29, 1955, of 7500 square feet. Pub7ic purpose served is to avoid overcrowding in the residentia7 neighborhood and to avoid an excess burden on existing water and sevrer services. 2. Section 205.053, 4, C, reyuiring a rear yard setback equal to one fourth (1/4) of the lot depth rrith a 25 foot minimum. Public purFose served is to provide desired rear yard space to be used for green areas rrhich add to the attractability of the neighborhood. 3. Section 205.053 2,8, requiring a minimum width of lot at the normal setback line of 50 feet. Public purpose served is t:o avoid overcrowding in the residential neighborhood and to avoid an excess 6urden on ex�sting water and sewer services, 4, Section 205.053, 4b, requiring the street side yard setback on corner lot of 17.5 feet. Public purpose served is visibility and r•educe the neigliboring front yards. STA7ED HARDSHIP: to mair.tain a higher degree of traffic line oi site encroachment in the Without staie:l variances, lot is unbuildable for a residential structure. C. AD�tINISTRATIUE STAFF REViEIJ: In 1973, Mr. Willey was unsuccessful in his attempts to have the public right of t��ay NorCh o` this lot vacated. He clianged his house plan, and applied to the Board of Appeals to grant the necessary variances to 5uild on the lot as a ccrner lot. This request tvas considered in the light of a petition by neighbors epposiny the request, ard much discussion at the Public Hearing. 7he variance requ2st, similar to the one presented here, was denied at ti�at Fpril 23, 1974 meeting and sent on to the City Council, who upheld the Do�rd's recon�nendation for denial, on May 6, 1974. Mr. ldilley has submitted a new plan ivhich eliminates the side yard variance on the South side of the lot. The totai number of variances requested has been redi!ced from 5 in 197�1 to the present request for 4 variances. The house proposed is basically a 2G' x 40' three tedroom, rambler which is 1/?. story shorter than the type or `c;,se proposed by the petitioner in 1974, 7he Anoka County Farks & FecrP.�tion Department still is interested in negotiating a biketvay/�•lalkx�ay easement as well as an access easement for Park maintenance. Please refer to the letter and map included as well as a copy of the April, 1974 Appeals minutes and I•1ay, 1974 Council minutes for further intormat•ion. i � � � r� u � pppeals Commission Meeting — April 26,-1977 page 9_ Mr• Craig Willey, 320 Main Street, Anoka, Minnesota, was present at the meeting• Mr• Ho.lden indicated that the Administrative Staff Report was a brief summary and not at all inclusive• Mr� Willey showed members of the Appeals Commission a plan of the home he would like to build• He indicated that the home was of the same character as the other homes in the area• About the only difference in this house plan from the other homes in the area was that Mr- Willey would have an attached garage, while the homes in the neighborhood basically had detached garages• At this point, Mr• Willey asked if he could respond to the Administrative Staff Report relative to his intent of the variances he requested• 1• Section 205•053, 1, B He in icate t at t ere was no overcrowding to the south because the property would meet the standard set back requirements that were in the building code• The overcrowding to the west would be discussed later• He didn't feel there would be an excess burden on the water and sewer, since they already exist there and is available in the street• 2• Section 2�5•053, 4, C He in icate that e did requirement• meet the 25 foot minimum 3• Section 205•053 2, B He oes not eel t at there is an overburden as far as utilities• He said that the neighborhood was already developed and that his lot was at the end of the development, where he didn't think it will inconvenience anybody 4• Section 205•053, 4b He in icate that technically speaking, this is a corner lot; however, he said that there is no road and none planned to be built• He didn�t believe that the need for site distance should be required• He said that the question of site is relevant to traffic, and he indicated there is no traffic• 1.�_c� Mr• Willey continued to indicate that he has attempted to compliment the adj�ining neighborhood with his changing ihe architectural design of his home• He requested consideration relative to the fact that the street, although not vacated, is still a compliment to his property as far as its appearance, it green space, and attractiveness• 1g� Appeals Commission Meeting — April 26, 1977 Page 10 Mrs• Gabel wanted to know if Mr• Willey owned the property• Mr• Willey said that he did own it and could provide a certificate of title • Mrs- Gabe1 asked Mr• Willey that if the home were built, did he intend to live in it• Mr• Willey indicated that it was his intent to 2ive in the home• He added that he had a daughter, and he felt that this home would be convenient to the elementary school and the property is close to park land which is attractive to him• Mr- Kemper asked �r• Wi12ey if there was presently a request for vacating the street• Mr� Willey said that there was not, but that he would be willing to initiate the request if he felt he would have enough backing• Mr• Willey made a comment that the lots in Riverview Heights are only Z10 feet deep and 5SQ0 square feet• He compared that to his property that if it wasn�t for the easement that was given to the City of Fridley for the street, without the vacation of the street, his lot would be 54�� square feet• Chairwoman Schnabel explained to Mr• Willey tiiat the difference in the Riverview Heights area and this area � is that the Iots in this area were set up in parcels of 60 and 8D foot lots, whereas in the Riverview Heights area 50 foot lots are consistent. Mr• Willey only pointed out the comparison to make the point that 5Q foot lots have been built on in the City of Fridley• Mr• Willey also indicated that even if the street was vacated, it would not change the character of how that home would look on that lot� He then said he was looking for some suggestions as to what would be most appropriate to enable him to build on his property• Mr• Barna commented that it was most difficult trying to live on a 5p foot lot• He suggested ±o Mr• Willey that he should really keep trying to get the City to vacate the street• Mr• Willey indicated that whether or not the street was vacated should not have a bearing on the fact that his house would conform to the neighborhood, that his house would be an attractive addition to the neighborhood and he felt that these items would mean more than the technical items regarding the nonexistent street• �. Appeals Commission Meetin — April 26,.1977 Page 11 7-�-� Chairwoman Schnabel commented that there has been much discussion in the past years with the Appeals Commission, with � the Planning Commission and with the City Council regarding the building on 4❑ foot lots• She indicated that it was decided that the City would make some determination as to haw it should go on the 4❑ foot lots� She told Mr• Willey that it was decided that, as a rule, the City of pridley would not permit construction on a 40 foot lot• They felt that to start building on 40 foot lots would open up a whole new dimension in the city which would not be in the best interest af the City• Mr• Willey indicated that he really believed his lot was a very unusual 40-foot lot• He said that the only inconvenience as far as placement was concerned would be to the North {to the Park}. He commented that if he were a resident of Fridley he wouldn't want to see the City allowing everyone to build on a 4�-foot lot just because they had allowed him to• He would hope that the City would be able to state that the reason he was aranted permission to build was due to the unusual factors that were present• Mr• Kemper reminded Mr• Willey that essentially he did have a 40-foot lot, even with the 30 foot easement• At this point there was some discussion about the � other lots in the area• Chairwoman Schnabel read a petition from the neighbors reaffirming th2ir opposition to the variances being requested by Mr• Crai9 Willey• MOTION by garna, seconded by Gabel, that the Appeals Commission receive the petition• Upon a voice vote, all voting aye, the motion carried• Chairwoman Schnabel invited the audience to look at the proposed house plans and to address the issue• There was much discussion by the audience regarding the proposed plans• Mr• Dennis Drevniak of 6684 Fridley Street N•E• indicated that he owned lots 2 and 3• He felt that a lot that needed four or five variances to build on it, definitely there had to be something wrong with the lot•• He indicated that one of his reasons he decided to live in Fridley was because of the size of the lots• Mrs• Rosemary Drevniak of 6684 Fridley Street N•E• indicated that the petition covered how the people feel about � the variances• She said that the neighbors really felt that building on the property would not enhance the neighborhood• 1 als Commission Meeting — April 26, 1977 Pa�e 12 Mr• Kemper indicated that building sites in Fridiey are rapidly being used up• He said that the City is being asked to look at building sites, that a few years ago, would never have been considered• � Mr• Drevniak showed concern that if this lot was to be considered as a buildable site, wouldn't it set a precedence for others"to start building on 4�-foot lots, then 35-foot lots, etc• Mrs• Drevniak wanted to know how long Mr• Willey planned to 2ive here• Mr• Kemper indicated to her that the home would be a permanent structure and the residency of the house should not be a concern• Mrs� Drevniak wanted to know if this was possibly a speculation for Mr• Willey and she wondered if he might just use this as a precedence for other lots that he owns�• Mr- Kemper wanted to know, if the street was vacated, what would the Drevniak's s�ecific opposition be regarding the construction of a house on this property• Mrs• Drevniak answered that basicall� they didn't like the location of the house• It would be in the back of the lat• Mr• Holden indicated that Mr• Willey's house would run the long way on the lot rather than cross-wise• Mr• Plemel asked if it would help if a privacy fence were required• Mrs• Drevniak answered that it wouldn't• Mr• Kemper pointed out that IF che street was vacated making the lot a 7�-foot lot, the house could be situated differently• Mr- Barna indicated that it would still be back because of the way the lot is situated• Mrs• Drevniak asked if Mr• Willey would have to backfill into the park• Mr• Barna indicated that he wou2d not have to backfill into the park Mrs• Gabel asked Mr• Willey what the price range of the home would be• Mr• Willey could only guess that it would be in the � area of about $45,000; however, he really didn't have any idea• "E�"�"� • � � A��eals Commission MeetincZ — April 26, 1977 Page 13 Chairwoman Schnabel asked for the square footage of the house. Mr• Willey said it was 1�080 square feet- Chairwoman Schnabel asked if Mr• Willey would be doing the construction himself• Mr- Willey commented that he would contract a builder to construct it for him• Mrs• Schnabel asked if the home would be a pre-fabricated home• Mr• Willey said that it would be a normally constructed home- Mrs- Gebel wanted to have an explanation of the easements involved with this property• Mr• lililley indicated an a drawing where the easements were located that pnoka County was interested in obtaining• He said they wanted these easements for park purposes to allow the county access to and from the park area• Also they were interested in constructing a walkway for the public• ��ri - s Chairwoman Schnabel asked Mr• Willey what he thought of the general public walking across the front of your property• Mr• Willey commented that he generally had no trouble coexisting with peaple• He said that as long as people don't cause a public nuisance, he could see no reason why other people shouldn`t enjoy the park as he would• Mr• Gary Sodahl of 6689 Anoka Street said that he owned the lot immediately to the west of Mr• Willey's lot• Ne showed the Commission a survey that better showed the elevation of Mr• Willey`s lot• fir• Sodahl challenged the point made, that with the easement he would have a legal sized lot• Mr• Sodahl indicated that much of the 3�-foot easement was below bank line� He continued by saying that all the easement would not be buildable• Mr• Holden commented that the elevation whether under water or on a mountain top was He said that it was still part of the lot• of the lot not relevant• Mr• Sodahl felt that to allow a house on this small lot would detract from his house• He said that the grade of the land from Fridley Street to pnoka Street has at least a three-foot drop and to allow the construction of his house, considering the additional height of the grade, plus the variance on the rear yard setback, wouid encroach on his privacy• Appeals Commission Meeting — April 26, 1977 Page 14 1�� Mr• Holden asked Mr• Willey that, if the street were vacated, would it be possi6le for him to turn the house around• Mr• Willey indicated that he could, and probably would• He also said that there would be many things he would consider doing and discussed a few of them with Mr• Holden• Mr• Willey wanted to make it clear that his motives were not ulterior� He said he was only trying to get permission to build a house on his property• Mr• Willey discussed several points that had been brought out regarding precedents being established• He said he would be willing to wait to see whether legally the granting of this variance would put the City in an uncomfortable position of having to give permission to someone else to buiid• Mr• Barna clarified L'he point that �r• Wi11ey is requesting a variance to build on a lot that is 3a percent smaller than the other lots• He didn`t feel that they were discussing ^a little variance^• Mr• Kemper wanted to know if Mr• Sodahl would have any objections to the vacation of the street� Mr• Sodahl indicated that he would object because the vacation of 67th wouldn't enhance his property and would praba6ly result in more taxes• Mr• Drevniak indicated to the commission that about a year ago they were approached by a realtor to purchase this property in question• He indicated that he had earnest money down but that they never got together on a price• Much discussion on this resulted• Mrs• Gahel felt that this subject should be dealt with later• Mrs� Edwin Eckstrom of 6683 Anoka Street said that they live on a 60-foot lot and would never want to live on anything smaller• She felt that if Fridley was going to start building on 4�-foot lots, they would probably end up moving Mr� Eckstrom commented that Mr• Willey will have a tremendous amount of traffic going through his lot• Chairwoman Schna6el asked if ttiere were any other comments• Mr• Nolden wanted to know the exact objectives from Mr• Drevniak• Mr• Drevniak said that there had to be something wrong with a lot that required so many variances just to construct a house• He also said that he didn't want Fridley to start allowing construction on 4D-foot lots• � L� � Appeals �ommission Meeting — April 26, 1477 Page ZS Chairwoman Schnabel was concerned about the situation 1�� of the house in that 40-feet would extend to the rear of the property and behind the adjacent lots SMe had viewed the � lot that day and found it very hard to imagine the house on that lot• She felt that IF 67th were vacated and the house turned around it would be much less of an encroachment on the other property owners• ' Mr- Wiiley ind4cated that he would consider turning the house around should the street be vacated. Chairwoman Schnabel wanted to know if filler would be required• Mr• Holden responded that there wouldtt't be much required• He said that it would 6e a matter of landscaping around the structure- There was considerable discussion on the fact that the land in the area was basically sand• Mr• Barna wanted to know if Mr• Willey would consider going for another vacation of the street• Mr• Willey felt that if he had support, he would appiy for another vacation request• There was some discussion among the Commission as to � why the street wasn't vacated• Also they discussed a few points on the drawings Mr- Willey gave Chem to look over• MOTION By Barna, seconded by Plemel, to close the public Hearing• Upon a voice vote, all voting aye, the Public Hearing was closed• Mr. Kemper said that in face of the overwhelming opposition of the neighbors and in the light of the fact that the City does not, as a rule, approve constructing on a 40-foot lot, he couldn't go with the variance request• He did add that should a vacation request of the street be successful, then he felt that it would be a whole new thing as far as deciding how to handle this lot• Mr• Plemel didn't feel that it would be a whole new issue• He said that it would be the same lot, same elevation, same factors involved• Mrs• Gabel indicated that the entire point of the request is for a variance and not a vacation and the land has not been vacated• � Appeals Commission Meeting — April 26, 1977 Page 16 �2� Chairwoman Schnabel indicated at this time that she didn't feel that the city should encourage or approve any building on 40-foot lots• She suggested that Mr• willey try to request for a vacation of the street in order to make his lot the acceptable size• Mr� Willey wanted to know if this request for a variance would qo to City Council• Chairwoman Schnabel said that it would go before City Council no matter what way their decision went• Mr• Plemel was vacated, the objections• made the comment that even if the street neighbors would probably have the same Mr• Kemper agreed but said that their objections could not have that much say• He felt that their main concern was the size of the 4�-foot lot� MOTION by Kemper, seconded by Gabel, that the Appeals Commission deny the variance requests• Upon a voice vote, 4 ayes 1 nay, the motion carried four to one• Mr• Barna wanted to justifiy his nay• He said that he felt this was a very unique lot because there is a nonexistent street that has created a 40-foot lot which requires the variances• He feels that if the street had been vacated in 1973, this problem would not be before the Cammission now� Chairwoman Schnabel indicated that ;go to City Council on either May 9th or that Mr• Willey and everyone concerned 7• REQUEST FOR VARIANC , SECTION 20 DUCE THE S F-7 EET, T GARAGE, L ADDITION, , FRIDLEY James Soderberg, stir5 Tennison nnesota 55432}. MOTION by Hearing• Upon was opened• this request would May 16th• She said will be notified• 5•053, 4, B4, IDE YARD SETBACK FROM 0 ALLOW THE CONSTRUCTION OCATED ON LOT 3, THE SAME BEIN6 f1INNESOTA- {Request DrivV'�e NE•, Fridley, �abel, seconded 6y Plemel, to open the Public a voice vote, all voting aye, the Public Hearing � � � Appeals tommission Meeting — April 26, 1977 Paqe 17 ADMINISTRATIVE 3TAFF REPORT A• PUBLIC PURPOSE SERVE4 BY REQUIREMENT= � � C• � Section 205•053, 4, {84} requiring a 5 foot side yard setback for an attached garage• public purpose served is to provide space between individual structures to reduce conflagration of iire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood• STATED HARDSHIP: ��1 The variance is needed to allow for a full double garage• The added area is needed as we have an existing side exit door which cannot be feasibly rearranged• Due to this, we will lose 3 ft• of our garage space inside the proposed garage because of stairs needed for side exit• ADMINISTRATIVE STAFF REVIEW: Mr• Soderberg intends to convert his existing tuck under garage into living area and add a double stall, single story garage to the South side of his house• The new garage would be designed to match the existing house with the present house door on the South entering the new garage with steps down into the garage floor level• The petitioner feels that this landing and step area would make it difficult to reduce the size of the garage any more than proposed• The house to the South is 11 feet from the common property line� The new garage would be 12•7 feet from,the house ta the South• Mr• 8 Mrs• James P• Soderberg of 5875 Tennison Drive N•E• were present• Mr• Holden indicated that Mr• Soderberg planned to remove the tuck under garage and add to the other side of the house a larger garage and driveway• He explained to the Commission where the garage would be {�ommission had a picture of the property in question}• Chairwoman Schnabel asked the_Soderberg's to show the �ommission what they were proposing for the property• � A eals Commission Meetinq — April 26, �977 Pa4e 18 1,Z�. Mr• Soderberg had a proposed plan with him that he showed � to the Commission• He also explained to them how he was going to situate the garage on the property• He said that he planned to drop the garage down some so that they would have less elevation going up to the garage� However, he said that by doing this he would have to have stairs going from the door of the basement into the garage, thus he would lose enough space, that if he were to build a smaller garage, he wouldn't be able to put two cars in it• Mrs• Soderberg explained that they had considered moving the exit door from that wall• But, she said, they couldn't move that door to any other wall inside the kitchen 6ecause they would los2 their eating area in the kitchen• Mr• Soderberg indicated on tha plans the location of the exit door into the garage and where their eating area is located• He also indicated that the neighbor that would be effected at all had no objections• Mr• Kemper asked if Mr• Soderberg would be doing the construction himse2f• Mr• �oderberg answered that no, he would contract the work out• Mr• P2eme1 asked about the roof� Mr• Soderberg said he would drop the roof down• While looking at the plan and at the picture, the Commission elong with Mr- & Mrs• Soder6erg, discussed several points• Chairwoman Schnabel indicated to Mr• Soderbarg that the existing garage wculd have to be made into liveable area• It could no longer be used as a garage• Mr• Soderberg indicated he planned to close off the existing garage• He doesn't plan to actually live in the area, but would put in ^escape^ windows so that any time in the future: it could be made into a part of the basement• Mr• Barna wanted to know if he had considered putting the additional garage at the same level as the present one• Mr• Soderberg said that they did consider it but felt it would be a determent to the house because he didn't have the money to add on top of the qarage� Some discussion was held on the langscaping plans of the proposed garage in relation to the house and the now existent garage• � � � � C� �peals Commission Meeting — April 26, 1977 Page .19 Mr• Soderberg did indicate that he would be filling in the area by the present garage• Chairwoman Schnabel mentioned that she felt that the �� � proposed garage would definitely add to the appearance of the home• MOTION by Kemper, seconded by Barna, to close the public hearing� Upon a vaice vote, all voting aye, the Public Hearing was closed. Mr• Barna didn't feel that the 1•9 feet was exceeding the 15-foot code by that much• He would not abject to this variance request• MOTIQN by Kemper, seconded by Barna, that the Appeals Commission approves the side yard setback variance request- Upon a voice vote, a11 voting aye, the motion carried� Chairwoman Schnabel informed Mr• � Mrs• Soder6erg that the pppeals Commission had approved their variance request and they could proceed by applying for a building permit• At the conclusion of the meeting, the commission discussed a few viewpoints they had in the decisions and discussions held during the evening• Also they discussed a few items from past meetings• ADJOURNMENT MOTION by Barna, seconded by Kemper, that the Appeals Meeting of April 26, 1977, be adjourned• Upon a voice vote, all voting aye, the meeting was adjourned at 10:3� P-M• Respectfully Submitted, �%j%�.L, �.2er �eZ r��K.� � Mary Lee Carhill, Secreiary i�:� ERIDLEY ENVIROiJMENTAL COMMISSION MEETING APRIL 19, 1977 PAGE 2 pridley Food Mart--several bad accidents had occurred there within the Last 24 months He said interest seemed to be running pretty high again and the Project Coa�nittee would hold their first meeting yet in April, although he had not yet set a date. He said he would explain more about the timetable in Item I under "other Business". He stated thae with regard to a 7-11 Store on East River Road, he had contacted people and they were dead set against a 7-11 Store at 79th and East River Road without signal lights and without immediate access on to East River Road. Ms. SPorre asked Mr. Paripovich if the Project Committee had taken a support position on the Northtown Carridor. Mr. Paripovich stated they had taken a position informally, but nothing official through the Commission. He believed in the East River Road Project Committee Report, they had stated that the Northtown Corridor would be a good thing provided there was no ramps on or off East River Road. He said they did not deal with the location of the Corridor relative to Adams School. He would be opposed to a highway next to a school. Ms. Sporre stated that the reason for the question was that when it came to the I,eague of Women Voters £or a concensus, it sounded as though the Project Committee was for the alignment of the Corridor. Mr. Langenfeld stated he would like to suggest that a more definitive goal be made by the Project Committee with regard to the Northtown Corridor--their position,as to exactly where they stoed at this time. Mr. Langenfeld stated it was his belief that the Commission, as members, would provide Mr. Paripovich with tbe direction the Commission would like to see him go with the Project Committee and, in turn, present it to the Planning Commission. A. Refer to Appeals Commission Minutes oF March 15, 1977 Mr, LangenfeLd read portions of the March 23, 1977, Planning Commission minutes and the March 15, 1977, Appeals Commission minutes r2garding the 7-11 Store to be located at 79th and gast River Road. Mr. Langen£eld stated he wanted to point out that there was no question about the safety element there. He said at the Planning Commission, a motion was made and seconded that a study be conducted by the appronriate commission or subcommission on traffic p•roblems that occur on East River Road from the area of Osborne Road north to the city limits with regard to safety factors to determine those intersections which have particular concern so reco�endations could be made to City Council and passed on to the County, in hopes of getting more control on East River Road. He had suggested that the Project Committee look into this particular thing so the Planning Commission could see how unbiased the Project Co�ittee could be. Chairperson Harris had suggested that both Community Development Commission and Fridley Environmental Commission receive this information. Mr. Langenfeld stated one of the reasons he was reading these portions of the minutes to the Commission was so the Commission could see how deeply involved a single item could become on behalf of the Appeals Commission, the Planning Commission, EnvironmenCal Commission, and now City Council. i �� � ?�� FRIDLEY ENVIRONMCNTAL COMMISSION MEETING APRIL 19, 1977 PAGE 3 � Mr. Langenf-eld stated he really liked Che Administrative Staff Review on page 6 ot Che March 15, 1977, APPeals Co�ission minutes as it was a good analogy of where the �ity really stood. I�e said this property did exist and there were a number of unfavorable establishments that could go in there. As a member oi L-he Planning �ommission, a lot of things had to be considered. What' he was trying to say was that here was a commercially zoned property and there were many kinds of businesses that could go in there other than a 7-11 Store. On page 7 of the ApPeals Conanission minutes, he pointed out the stipulations, the main one being �'�8: "No egress from the develop- ment on to East River Road; ingress only." Mr. Paripovich stated that there was no question that signalization was needed at that intersection. Worse things could happen than a 7-11 Store, but the traffic situation would be a nightmare. Ms. Sporre stated that there was a letter available from Mr. Fudali to the City stating the position of the Meadowrun APartments about that project. She said it gave a very good appraisal of that property to the City. She suggested that Mr. Paripovich get a copy of that letter. She also stated that another thing he could do was talk to Mr. Jim Hi11, Public Safety Director, about signaLization and the effects that might have on that area. She said there was some question that signalization,in some cases, aggravated a dangerous condition as much as alleviated it. Mr. Langenfeid stated he would like to see Mr. Paripovich, as chairoerson of the Project �oamiittee, get as much information as possible regardin� their studies on that signal- ization. He said he would like this information in a resume form to be presented to this Co�ission and then to the pLanning Gommission as soon as it was availahle. Mr. Langenfeid stated he had taken it upon himself to suggest that the PTOject Co�ittee take on this type of thing because it did relate to the entire East River Road concept. qnother point he wanted to bring out was that the entire function of the Commission process was the fact that the individual who owned this land could put up whatever he wanted under the proper zoning without being concerned about lights. His main concern was,whether it be 7-11 or any other form of commerical venture, the problem seemed to be, not only the signalization, but also the egress, etc. Mr. Langenfeld stated that another reason for discussing this was it could be used as a case study as to the problems that could exist for any business that was put up in that particular area, He felt that was very important as cases like this could come up again and again. Mr. Paripovich stated the Project C«nmittee had fought hard to get the city to take cognizance of the problems they have been talking about and become aware of their feelings on the subject. But, he said, the City had bec wie aware of the problems and had been behind the Project Committee. He said Mr. Qureshi did send 1eCters to the �ounty, did get decisions from the City Council, did get a request for a speed limit study for Che City, and other things. He really felt Mr. Qureshi, City Staff, and �ity Council had done a very good job. 1�'" FRIDLEY �NVIRONMENTAL COhSMISSION MEEEING APRIL 19, 1977 PAGE 4 I'INAL DTSCUSSION OF 212 MINING ORDINANCE: Mr, Langenfeld indicated to the Commission the change that was made on 212,05 EXCEPTTONS, which had been discussed at the Conrznissioex's previous meeting. He said the idea of the change was to try to eliminate the element of delay that seemed apparent in that paragraph. Mr. Langenfeld also pointed out other changes that were made. MOTION by Lee Ann Sporre, seconded by gruce Peterson, to approve the final amended 212 Mining Ordinance. Upon a voice vote, all voting aye, the motion carried unanimously. Mr, Langenfeld asked the Commission members if they would like this 212 Mining Ordinance brought back whenever there were changes made. The Commission members agreed that they would like to review the ordinance whenever changes were made. The Commission members concurred in urging the adoption of this ordinance by the Planning Commission. OTIlER BUSINESS: A. DISCUSSION OF ELECTION Mr. Langenfeld reminded the members that the election of officers would be held at the N[ay meeting. He indicated that he would be willing to continue as chairperson if the Commission members so wished. He stated that he wouid like to see the V�ce-Chairperson assist more in the attendance at the Planning Commission meetings. B. MEETING ATTENDANCE Mr. Langenfeld stated that he had made a comment in the minutes that in past meetings, there were times when the Commission did not have a quorum and it could cause problems. He wanted to indicate the importance of a fu11 attendance at Co�ission meetings. C. REQURST BY LEAGUE OF WOMEN VOTERS FOR"GOMMISSION TO CO-SPONSOR A PUBLIC MEETING ON "ENERGY" Ms. Metcalf stated that the League of Women Voters would like the Fridley Environmental Commission to co-sponsor a meeting on "Energy" on Tuesday, May 3, 1977, at 7;30 p.m., in the Community Room at City Hall. She stated that the previous week she had attended a�;eague of Women Voters meeting on "Energy" in Edina, which was put on by Charles Kiefer. At the meeting was a simulator which was a very large board with about 16 knobs on it controlling the supplies of energy which are available now and also the uses of energy which are needed now such as food production, industrial production, etc. These were a11 set up in the simulator so the audience could determine what kinds of energy they wanted to use, what energies wouZd be used and how they would be ased, and how long the world would last based on that usage. The object was, of course, to make the world last as long as possible with the energy sources that we have. Ms, Metcalf stated she would strongly recommend that the Courtnission co-sponsor this meeting, that it was very impressive, and that it was interesting and fun for any person eight years of age and older. '1�$'� � � ��; FRIDLEY ENVIRONMENTAL COMMISSION MEETING APRIL 19, 1977 PAGE 5 MOTION by Lee Ann Sporre, seconded by Mike Paripovich, that the Couunission co-sponsor the seminar on "Energy" with the League of Women Voters to be held on Tuesday, May 3, 1977, at 7:30 p.m. in the Community Room at City Hall. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Langenfeld stated he would appear before City Council with this request on Monday, April 25th, and asked rls. Metcalf to also attend to help give the presentation. D. NEW PUBLICATIONS Mr. Langenfeld stated Chat in the "Metro-Council Review" under New Publications, there was a publication entitled, "Environmental Protection; Mode1 Ordinances for Use by Local Governments, March 1977". He asked the Commission if they would like to have a copy of this publication. The Commission u2embers agreed that they would like at least one copy of this puSlication for the Commission and Mr. �.eek stated he would get a copy for the Commission. Mr. Langenfeld called at 10 minute recess at 9;30 p.m. E. SUDGET Mr. Langenfeld requested that this item be put on the agenda again at the next meeting when all the members had a copy of this budget. F. LETTER FROM CITY MANAGER REGARDING INTERESTED CITIZENS Mr. Langenfeld read a letter from Mr. Qureshi regarding a list of citizens who were interested in serving on the Environmental Commission. Mr. Qureshi stated that City Council had suggested that these letters of interest be forwarded to Mr. Langenfeld in the event the Commission might like to call on these people to work in special project co�ittees. Mr. Qureshi also stated that these people had been informed that the Commission might call on them for special services. The Commission members reviewed the letters from these interested citizens. G. RICE CREEK WATERSHED DISTRICT pSr. Langenfeld stated that at the March 28, 1977, Parlcs & Recreation Commission meeting, a motion was made and passed that, "Mr.-Tony Yetrangelo, the Fridley repre- sentative on the Rice Creek Watershed District, meet with the Parks & Recreation Commission and the Fridley Environmental Co�ission jointly at Mr. Petrangelo's convenience to discuss what was transpiring within the Rice Creek Watershed District and to relay that information to the two commissions." Mr. Boudreau had then indicated he would get together with Mr. Petrangelo and the Environmental Commission to find out when all could appear at a regular Parks � Recreation Conanission meeting. Mr. Langenfeld stated he brought this up to notify the Cov�ission members that it would be coming up shortly. � 1�� FRIDLCY ENVIRONMENTAL CONASISSION MEETING APRIL 19, 1977 PAGE 6 The Commission members felt �his joint meeting was a good idea and that any informatii, . about the Rice Creek Watershed District could be most helpful. H. PRQPOSAL BY THE CANADIAN FINANCIAL CORPORATION FOR THE WALL PROPERTY Ms. Sporre stated that, regarding this proposal, she was deeply concerned about the lack of housing for Fridley's senior citizens. Mr. Langenfeld stated that he had been on a tour of the Dover Hi11s, �olden Valley project, and was very impressed. He said he was a11 in favor of this proposal and he felt it fit into the goals and objectives of every commission. Mr. Paripovich and Mr. Peterson stated that, on the basis of what Mr. Langenfeld had said about the project, they felt it was definitely something that should be supported. Ms. Sporre stated that she wanted it to go on record that the Environmental Commission supported Mr. Langenfeld's opinion of this proposal. I. STATEMENT FROM NffKE PARIPOVICH Mr. Paripovich +.nformed the Gommission that he iaould be leaving Frzdley and the Commission after the May meeting. He said he regretted that not much had happened during the winter with the East River Road Project Committee; but he would like to give the East River Road thing a good push before turning it over to someone else. He said he would hate to see it fizzle out after the effort that had been put into it , He said that, surprisingly enough, the interest in East River Road was much stronger „` than it had been a year ago, and there were quite a number of people who wanted to become active. ge said the Project Committee would try to put on a drive for more membership and possibly get scme leadership for the group. Mr. Langenfeld stated he would like to see this group continue to be a Project Committee and someone from this Commission would have to be the chairperson of it. If no one took that position, the Project Coumiittee would fall into the citizens' capaci,ty and would lose its context with this Commission. Ms. Sporre stated that this Project Committee was emerging as being very important in the cou�unity. It was a full responsibility to handie the leadership job and it took a Commission member with a coam�itment to keep an active liaison with the Commission. She suggested that if leadership were found during the drive for more membership, maybe that person's name could be considered for the Environmental Commission appoint- ment. Mr. Langenfeld stated that Mr. Paripovich had done a terrific job and the Commission was suffering a loss with his departure. Ms. Metcalf stated she wondered how the East River Road Project Committee had gotten started. She had noticed from the minutes that there was a lot about the 7-11 Store and she did not feel this had a lot to do with the Environmental Commission. Lacking the background that the other Commission members had and the concept as to how this thing evolved, she would certainly want to suggest that there were many environmental � � .`i� FRIDLEY ENVIRONMENTAL COMMISSION MGETING APRIL 19, 1977 - PAG� 7 concerns other than traffic on East River Road, such as Moore Lake, Rice Creek Water- shed, Locke Lake, etc. If it was mainly a traffic pattern, she thought it should probably be handled by a separate committee or cormnission serving traffic control. Mr. Paripovich stated that it was his impression to date that much of the Commission's activity had been putting a blessing on something that had already been decided and that the Commission really did not make any evaluations. They were not scientists or specialists--they had to represent the citizens in making citizens' appraisals of problems or citizens' input to the handling of problems. The word, "environment," to him was the state of the world immediateLy around us--out ambient forces, whatever it was that affected our lives. He said the problems that they had found they could most effectively deal with was the quality of life in the neighborhood, and the major environmental problem in Fridley was the traffic. Mr. Langenfeld stated he felt the thing actually got started when the river became the scenic river corridor. There was a slight discussion then of the possibility oi making a scenic parkway system to be parallel to the river. At that point, it was established that the East River Road Project Cov�ittee be £ormed and he felt the �oa1s and Objectives of the East River Road project Committee might answer many of Ms. Metcalf`s questions. He said, as far as being other than just a road, it did involve noise, overall pollution, a traffic problem, and the safety, welfare, and health of the citizen. It was a stepping stone of recognition for this Commission, with the idea, perhaps, of going into other problem areas as far as traffic was concerned ';vithin the City. He said there was no question that Moore Lake, Locke Lake, etc., caere problems, too. Ms. Sporre stated that the Coa�ission had made standing positions on most of the environmental problems of the City. Ms. Metcalf stated she juse hoped the Coaimission would stick to the goals and objectives that she felt were important to the community, too. Mr. Langenfeld stated that maybe it would be wise for each one of the Commission members to review their Goals and Objectives as far as the Cammission �oas concerned; first of all, to refresh their minds on the contents and, secondly, to perhaps bring additional ideas on how the C�mission could continue to function as a viable Co�ission. t� • Leek suggested that it might also be possible for the Commission to utilize Ms. Metcalf's viewpoint at this time and in the next several months as an outsider with an outsider's viewpoint, because outside people do bring in fresh ideas. MOTION by Connie Metcalf, seconded by Lee Ann SForre, to adjourn the meeting at 10:45 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully subiitted, .. �k'__ y Saba ge ording Secretary r � i�4.,, /6�',� � --- t�-�-�-'---''���- -- --- - � - — ------ --- -- �— - - -- - - ��-- � -1_ � Z-7-- ----- ------- ---- -_- __-_ ____ _____ - --- --_ - - - '�''' _ _____ _ -----._____ -- � -1.��"�- -_ _ __ ------- -- -- - _ ��,��/ __ mR._•_rnRS,_��t,�s_C�A,�Lie__ --7��z_�?'1E�aaWN,00,�_��_.__ — �._S!%!�i�o _���--��'?-�? ___?_6��r _ � --_`�?r�-��_� � _ �°-�n _- _-_'Y-�/�� � �/J /� __�a7�--� - - --- ___._ ._ ^C_n� `/_I!`-�—.-.. �•-�-- �`-z`-r-=-�--�5-/-�--- / ��— -- --- �' � � �--- � -- -^ S� 'l l L y+� O/� C` �r -- % �_7� _�e� dG�..it?svv�__l�i Z° �s---- - - _ _- ----.d � Z- �`���1� d..�-�._._ _ _ - -----��'s�-- -=- -- s 1�6a � .s v�,�� Dr,_�11.� �� � - _ — _�_, _ _ � - _ � � � --- �. _. , �.�+y �=W . . � .r CITY OF FRIDLEY PLANNING COMMISSION MEETING 11av 4, 1977 CALL TO ORDER: Chairperson Harris called the meeting to order at 7:4� P.M. ROLL CALL� �Members Present: Shea, Bergman, Harris, Peterson, Schnabel, Langenfeld Members Absent= None Others Present= Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES: April 2U, 1977 Mrs• Shea requested that the Motion on page 32 be corrected• She stated that the Motion was not complete and should read ^•...•that a memo be sent to all Commissions before their next meetings stating that elections are to be held and stating the duties and obligations of inembers of those commissions and officers of those commissiorts• Mr• Langenfeld indicated that Page 1 ROLL CAIt, the last name listed as Members Present is spelled wrong• Lagenfeld sho�ld be Langenfeld. Mr. Langenfeld indicated that on Page 14, first paragraph, the sentence reading ^Ne indicated that many people think that this project will be subsidized, therefore, that it would be sub- standard^, should read ^He indicated that since this project wouid be subsidized, that some people felt it would be sub- standard.° Mr. Langenfeld felt that the word °think° gives the impression that people are thinking of something that does not exist when, in fact, it is a subsidized project� Mr. Langenfeld corrected the seventh paragraph from the top of Page 31- It should have read °Mr. langenfeld asked the Commission not to call a 3pecial Interest GroUp^ and not •�.••••a Tpecial Interest meeting• MQTION by Mrs• Shea, seconded by Mr. Bergman, that the Planning Commission minutes of April 2D, 1977, be approved as amended- Upon a voice vote, all voting aye, the motion carried vnanimously• 1`t Plannine Commission Meeting — May 4, 1977 Page 2 14 A 1• CONTINUED= 77- BY GARY PETERSON= Rezone trom C-1 ilocal business areast to R-2 {two amily dwellin9 areas}, Lots 3, 4, 22 and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalowslduplexes, the same being 13Z6-28 Osborne Road N.E., 1344-46 Qsborne Road N.E., 1345-47 Meadowmoor Drive N•E•+ and 1331-33 Meadowmoor Drive N•E• MOTION by Mrs. Shea, seconded by Mr. Bergman, Hearing rezoning request, ZOA t77-01, by Gary voice vote, all voting aye, Chairperson Harris Public Hearinq open at 7:45 P.M. Mr• Gary Peterson was present. to open the Public Peterson• Upon a declared the MOTION by Mrs. Shea, seconded by Mr• Langenfeld, that the Planning Commission receives the three letters from nr• Peterson, Mr• Richard S• Carlson {Briar Homes, Inc.}, and Mr. Edward Chies• Upon a voice vote, all voting aye+ the motion carried unanimously and the letters were received. Chairperson Harris indicated that the letters were part of the file and would go to City Council- Chairperson Harris asked if Mr• Boardman had any additional comments on this item. Mr. Boardman answered that he did not• Chairperson Harris asked Mr. Peterson if he wished to address this subject. Mr. Peterson commented that he didn't have anything to say other than that he had put in for a rezoning and wanted to know if it was going to be allowed or not• Chairperson Harris asked if there Was anyone in the audience who wished to speak for or against the request. Mrs• Richard Morin of 7635 Meadowmoor Drive Wanted to know what the three letters received by the Planning Commission concerned- Chairperson Harris informed her who the letters were from and proceeded to read the letters to the audience• Mr. Richard Morin of 7635 Meadowmoor Drive indicated that he had no objection to duplexes/double bungalows going in on Osborne Road• He said that his objection was building duplexes/double bungalows on Meadowmoor Drive• He indicated that they {Mr. Morin and the people accompanying him} had been to a previous meeting and had, at that time, voiced their objections. He also said that at the previous meeting they had been under the assumption that ali these lots were zoned R-1, not C-1- Mr. Morin indicated that the neighbors would like to see the lots on Meadowmoor Drive zoned as R-1 and anything that Mr. Peterson wanted on Osborne Road• Mr• Morin continued by children on one block to eight more families family moving into the 4, stating that presently they have 70 area on Meadowmoow Drive. He objected with the average of 2�5 children per area• Mrs• Richard Morin said that another objection she had to double bungalows was the upkeep• She indicated that even though it had been stated �� that these double bungalows would be owner occupied, the owners could move out in a couple of days and the property would be total rental• She felt that too many times the renters don't care how the property is kept up and the double bungalows begin to look shabby, therefore, making the whole neighborhood look shabby• Mrs• Douglas Pavlik of 7651 Meadowmoor Drive wanted to know if anyone checked i�to the fact that the neighborhood didn't know that the lots were zoned C-1• She indicated that there was �oncern amortg the neighbors that they had been told that all these lots were R-1 lots. Chairperson Harris commented that he suspected that whoever called City Hall did not specify the particular lots when they asked what the zoning was• Mrs. Morin said that she told tity Hall what lots she wanted to know about• She said she i�dicated the two vacant lots on Meadowmoor {one��fconted on=0�d Ceptnel_�add neado�oor} and two other vacant lots that were just on Meadowmoor. She said that she was told that all the lots were zoned for single f �nily houses- Chairperson Harris said that it was possible she had been informed this4 however, he said that the lots had been zoned C-1 since about 1959• Mr. Langenfeld indicated that the problems brought up at this meeting and at previous meetings had been broug�t before Council by one of the Council members and these problems -were in the minutes as items to be looked into- Mr• Boardman indicated that in regards to upkeep� the City covers every street once a year- Mr• Richard Morin indicated to the Planning Commission that the neighborhood turnout was not as good as the last time because some people were intimidated by what had been said at the last meeting- At the previous meeting, the neighborhood presented a petition to the Planning Commission indicating their wishes to keep the lots zoned C-1• They were informed at that time what could go on the lots as a C-1 zoning• Mr• Morin felt that the Commissio� had pai�ted a bleak picture for the neighbors• He also felt that many people didn't show up because they felt there wasn't any use to� Mr• Morin again indicated that, for the records, he would still rather see these lots remain C-1 than to see dou6le bu�galows/duplexes built on the lots• He said that he had taken his name off the petition because of what the Commission had said; however, l� � Plannin Commission Meetina — MaY 4, 1977 Page 4 14 C he indicated he wanted his name put back on the petition. His reasoning was that if the lots were zoned R-2 then it would be over with and they would have to live with the double dwellings for a long time• However, he said that if left as C-1 perhaps they would have a chance for a compromise with Mr• Peterson- Chairperson Harris defended the Commission and City Staff saying that it had not been their intent to intimidate the people• He continued by saying that their intent had been to inform the neighbors- Mr• Morin said that the effect was intimidation even if it wasn't the intent Mr• Chuck Lindman of 1378 Meadowmoor Drive pointed out that there were still many names on the petition and the people would still like the lots to remain C-1 rather than R-2• Mr• Lindman also indicated that since Meadowmoor Drive was not a through-traffic street, he didn't think anyone would want to build any business on those lots• He continued to say that Mr• Peterson would probably have to take a loss if he did put some type of business on these lots. Mr. Lindman said that he felt Mr- Peterson wanted R-2 because of more profit. Mrs- Morin indicated to the Planning Commission that she and her husband wanted to put their names back on the petition. Chairperson Harris said that that would be possible if the petition had not gone to City Council. Mrs• Morin indicated that she had heard rumors that nobody would buy lots for private homes on neadowmoor• She said that they had talked to the Realtor and he had indicated that he already had peo��e who wanted to build on Meadowmoor- Mrs• Morin said that she made the statement for Mr. Peterson's benefit, so he would know that the Realtor had ir�dicated that there were people interested in buying --� single family dwellings on those lots• Mr- Bergman asked for someone to refresh his memory regarding Lots 5 and 21 on the East and Lots 2 and 25 on the West• He wanted to know if these lots were developed and what they-- �rotere zoned as- " -- " Mrs. Morin indicatad that all the other houses in the a�ea were single family. Planning Commission Meetin9 — Mav 4, 1977 Page 5 14 D Mr. Boardman indicated that the lots East were single family dwellings and the lots West were commercial• Mrs. Morin said that she only meant that there were no other multi-family homes in the area- Mr• Morin indicated that the commercial buildings all face on Central Avenue- He said that two of the duplexes would face Osborne Road• He continued to say that-t�ey were only concerned with the building of duplexes on Meadowmoor Drive Mrs. Schnabel wanted to know if the concensus of opinion of the neighbors that were present was-t6at they dad not �ant_anq of the property rezoned or specifically they didn't want the two lots on Meadowmoor Drive rezoned- Mr. .;Mornm�� indicated that they either wanted the�iots.to remain C-1 or R-1, but they did not want the lots rezoned to R-2- on Meadowmoor Drive• He said they weren't concerned about the lots on Osborne Road Chairperson Harris asked Mrs- Schnabel if she had handled this particular item in the Appeals Commission Meeting of April 26, 1977. He also wanted to know the*recemmendation made• Mrs. Schnabel indicated that that the Appeals Commission did not handle this item because the petitioner was not present at the meeting• She also said that there was no person from the neighborhood present at the meeti�g. She said that the Commission felt they wouldn't act upon it until such time as either the petitioner requested to come before the Appeals Commission or some person from the neigfiborhood made a request• The Commission felt that there wasn't enough i�formetion to go on so the item was tabled. Mr. Bergman wanted to know what the item was that had gone before the Appeals Commission. Mrs• Schnabel indicated that it was a request for a reduction in lot size for R-2• Mrs• Morin indicated that she had called City Hall to talk to someone regarding the meeting for that night- The person she talked to told her that it wasn't necessary for the neighbors to appear because no matter what decision was reached, it would be based upon the contingency that the lots were rezoned. Plannin9 Commission Meeti� — May 4, 1977 Pa e 6 Chairpe�son Harris said that he objected to what Mrs• Morin be�h -t>rxkd• He indicated that if Staff was passing out that type of information, he objected. 1�; E had — Mrs. Schnabel indicated that she was really sorry to hear what Mrs• Morin had said• She told Mrs. Morin that they rely on the opinions of the adjacent neighbors to the property that is before the Appeals Commission- She indicated that the comments are used by the Appeals Commission so that they can make a decision at the Appeals Commission level• She conti�toed to say that if the Commission doesn`t hear from anyone, they can only assume that everyone is in agreement with whatever appeal is coming through• Mrs• Schnabel did indicate that what Mrs• Morin was told was true, that whatever decision was reached, it would be based on the contingency that the lots were rezoned• Nevertheless, Mrs• 3chnabel felt that Mrs• Morin should have been told to��ttend �he��Appeals Commissiom:mesbing. ____- L�...� .. .. Mr. Boardman asked been told that she Commission meeting. for a verification that Mrs• Morin had did not have to come to the Appeals Mrs• Morin indicated that she had been told that it was completely unnecessary- Mr. Langenfeld indicated that on this particular ^subject^ he felt the people had been terribly misinformed in more ways than one• Chairperson Harris suggested that this item be added to the agenda for the evening to be discussed later, after the Public Hearings• Mr. Bergman also felt that there was a lot of confusion on this subject. He indicated that the petition seemed to be the last thing completely firm as to who was for and who was against the request. Mr. 8ergman wanted confirmation that this petition was placed into record as it stood as of the last meeting that was held on this subject. Chairperson Harris acknowledged that this had been done• Mr- Lindman indicated that any names that were left on the petition still preferred to see C-1 than R-2 zoning on the lots• He also said that if there was any problem, he would be able to get the entire block of Meadowmoor Drive to sign the petition•'-- Plannina Commission Meeting — May 4, 1977 Page 7 14 F Mr. Bergman asked Mr. Peterson if he was aware that there was a fair amount of neighborhood opposition and confusion as to the neighbors understanding his rigfits as well as their own options• He continued to ask Mr. Peterson if he had any contingency plans to develop the property as C-1, if the rezoning request was not approved• Mr. Peterson responded that he would probably build a warehouse and office space• Chairperson Harris responded that warehouses are not allowed in C-1 zones• Mr. Peterson clarified his statement as saying office and warehouse, not just a warehouse• Mr. Bergman asked Mr. Peterson if there was some hardship in his ability to develop the lots as C-1 or leave the lots for future development as C-1- He wanted to know if this was part of Mr• Peterson's request for the change• Mr. Peterson indicated that the�e was no identifiable hardship. Mr. Peterson felt that R-2 would be better as a buffer zone- Mr. Bergman asked Mr. Peterson that if after listening to the neighbors objections, if he would reconsider zoning the lots fronting on Meadowmoor to R-1• Mr. Peterson indicated that he would have to give the matter some thought- He said that there was definitely a financial difference in selling R-1 compared with selling R-2 and that the difference would have to come out of his pocket. ` thairperson Harris asked Mr• Boardman about the lot sizes- Mr. Boardman responded that ane lot, on Meadowmoor �Qae 120 feet deep with 75 foot frontage and the other lot on Meadowmoor was 120 feet deep with 65 foot frontage and 90 foot rear. Chairperson Harris asked Mr. Boardman if the normal R-1 lot was 75 feet• Mr• Boardman said yes• Chairperson Harris continued by saying that 9,000 square feet was the minimum R-1 lot size; therefore, it appeared that the lots on Meadowmoor would be considered as minimum R-1 lots• Planning Commission Meeti�9 — May 4, 1977 Paae 8 � �4 G Mrs• Schnabel indicated to Mr. Boardman that the Code Book stated that the lot width at the set back on a C-1 lot should be not less than 160 feet. Mr. Boardman said that the lot width of not less than 160 feet or 20,000 square feet- Chairperson Harris toid Mrs. Schnabel that by putting all four lots together, a person would have a buildable C-1 lot. Mrs. Schnabel indicated that if the two lots on Osborne Road were rezoned, and the lots on Meadowmoor were kept as C-1, then the result would be an unbuildable C-1 lot. Mrs. Paviik wanted to know if the lots on Meadowmoor were the normal R-1 lot size, would the lot be big enough to build R-2's• Chairperson Harris indicated that he would need a variance• He then asked Mr• Boardman what the minimum lot size was for an R-2• I�r. Boardman said that the minimum lot size was 10,UU� square fee�� Chairperson Harris said that minimum square footage• He presently 9,DU� square feet. at present these lots did not make indicated that the lots were Mra• Schnabel indicated that the variance requests were the reasons the subject had been brought before the Appeals Commission• She said that the four lots individually did not meet the minimum square footage of 1�,00� square feet. Mrs. Morin wanted to know if the variance requests would be before the Appeals Commission again. Mrs• Schnabel said that the items were tabled until the petitioner requested to aga�n-appear before the Appeals Commission• Mr. Morin indicated that they had been led to believe that the Appeals Commission meeting was inconsequential• He said that actually the Appeals meeting was the key meeting because if they had won their appeal at the Appeals Commission meeting, PIr;�,.Peterson wouldn't be able to build R-2's on those lots. Chairperson Harris indicated that because of the misunderstanding regarding the neighbors attendance at the Appeals Commission meeting was the reason the Planning Commission was going to have a discussion later in the evening., Planninq Commission Meetin — Ma 4, 1977 Paae 9 14 N Mrs• Morin wanted to know Mr- Peterson's reasons for not wanting to build R-1's on the lots-- -: Mr. Peterson indicated that he would have to give the idea some thought. Mr. Walter Lizakowski of 1402 Meadowmoor Drive indicated that he felt the main objection to the R-2's was the amount of children that could possibly be added to the already over- whelming amount presently on Meadowmoor Drive• Mr. Morin said that they presently had a high instance of vandalism mostly caused by children and he didn't feel that more children should be added• Chairperson Harris asked Mr. Peterson if he wanted his request to stand as stated or if he wished to change it in any way. Mr. Peterson wanted to know how he was to go about changing the request, if his decision was to change it. Chairperson Harris said that since they were down-zoning, he would be able to just state to the Planning Commission whatever change he would want. Mr- Peterson wanted to give the subject some thought. He said he would let the Planning Commission know either by telephone or letter- Chairperson Harris indicated that the Planning Commission could continue by making their recommendation to Council and then Council would set up a public hearing to hear the matter and then make a decision• He said that the Council's decision would be final- He told Mr. Peterson that the Planning Commission only makes recommendations to the City Council• Mr. Peterson wanted to know if it would be permissable to let City Council know at the time they set the Public Hearing if he wanted to change his request. Chairperson Harris said it would be okay as long as it was before City Council made publication of the Public Hearing Mr. Peterson wanted to know when exactly he would have to notify someone as to changing his request. Chairperson Harris indicated that the Planning Commission Meeting minutes would go to City Council on May 16, 1977, at which time Council would set a Public Hearing. Plannin9 Commission Meeting — May 4, 1977 Page 1❑ 1_4 I Mr. Langenfeld wanted to be sure that the neighbors were aware of what could be established in a C-1 designation. The neighbors in the audience said that they were aware of the possibilities• Mr. Langenfeld indicated to the neighbors in the audience that if he had in any way imposed upon them or put them ^on the spot^ it had not been his intention• MOTION by Mr• Peterson, seconded by I1rs• Shea, to close the Public Hearing on the Rezoning Request, ZOA t77-01� by Gary Peterson• Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 8:23 P.M. MOTION by Langenfeld to deny the rezoning request, ZOA t77-01, by Gary Peterson: Rezone from t-1 {local business areas} to R-2 {two family dwelling areas}, Lots 3, 4, 22, and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N.E., 1344-46 Osborne Road N.E., 1345-47 Meadowmoor Drive N•E.+ and 1331-33 Meadowmoor Drive N•E- due to the objections from the neighborhood• MOTION DIES FOR LACK OF SECONB• MOTION by {1rs. Schnabel, seconded by Mrs• Shea, that the Planning Commission recommends to City Council the approval of the rezoning request, ZOA �77-01, by Gary Peterson: Rezo�e from C-1 {local business areas} to R-2 {two family dwelling areas}, Lots 3 and 4, Blodc 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 3326-28 Osborne Road N.E. and 1344-46 Osborne Road N.E•; AND recommend to City Council the denial of the rezoning request, ZOA �77-01, by Gary Peterson: Rezone from C-1 {local business areas} to R-2 {two family dwelling areas} Lots 22 and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1345-47 Meadowmoor Drive N-E• and 1331-33 Meadowmoor Drive N.E. Chairperson Harris did not like the Motion by Mrs• Schnabel- because that proposal would create an unbuildable C-1 lot. He said he would rather have someone recommend the rezoning of the lots on Osborne Road to R-2 and rezoning the lots on Meadowmoor Drive to R-1- Mrs. Schnabel indicated that the petitioner had not requested for a rezoning as such. Chairperson Harris said that the Planning Commission could recommend such a rezoning• Planning Commission Meeting — May 4, 1977 Page 11 14 J Mr. Boardman said it wouid be best to deny the rezoning and leave all the lots as C-1• Mr. Langenfeld said that that was why he had made his particular motion as such. He recommended that the request that was before the Planning Commission be denied• {1r. Bergman stated that to recommend that the request be denied would penalize the requester as to time to chaage� his mind• Mr. Boardman pointed out that the Planning Commissio� could only make the recommendation to City Council to deny the request and that the decision would be made at the Council level and any arrangements could be made at that time. Mrs. Schnabel indicated that her intent in making the motion was to grant the petitioner the ability to put R-2 dwellings on the two lots on Osborne Road• She said that she understood that an unbuildable C-1 lot would result, however, her-ir�tent was to hope that the action would, in a sense, force Mr. Peterson to rezone the lots on Meadowmoor Drive to R-1• Mr. Bergman hoped the Planning Commission would take a positive position, including possibly their thoughts as to how the tommission hoped the petitioner would change his request, and pass on to the City Council those thoughts assuming that his request would be consistent with the Planning Commission• Therefore, Mr. Bergman vo�ed against Mrs. Schnabel's motion. Mr. Peterson didn't think the motion by Mrs• Schnabel was in line with what the petitioner had_�e�wested. Mrs• Schnabel indicated that the petitioner was requesting rezoning on two parcels of land and she recommended approving one and denying the other. At this point there was discussion among the Commission as to whether the land was one or two parcels• Chairperson Harris said that the Public Hearing notice i�dicated 1 t�e totseas".two=p�r?e��Jbof_Zand6 6nedlocated at 1326 and 1344 Osborne Road N•E. and one located at 1331 and 1345 Meadowmoor Drive N.E. Mr. Lange�feld felt the commission should stick to the petition itself. He said that the Commission couldn't split something that cuasn`t in the form of the petition. Mr. Langenfeld again indicated that his motion had been to deny the stated request by Mr. Gary Peterson. Planning Commission Meeting — Mav 4, 1977 Pa e 12 14 K Chairperson Harris indicated that it was in the Ordinance that ----- the Planning Commission was- allowed to recommend a lesser zone without re-publication• Mr. Boardman said that the policy stated that this could be done at the petitioner`s request, but that the petitioner had not made a request• He continued to say that the Planning Commission did have the authority to recommend any rezoning on a lesser basis without re-publication. Mrs- Schnabel said that the Planning Commission's motions are only recommendations to the City Council and not final approval• She said that the petitioner had the option to change his request at the City Council level- UPON A VOI�E VOTE, 2 voting aye and 4 voting nay, the motion failed : - Mr. BergmaFi ind�cated that the Planning Commission was opposed to the total and specific request of rezoning four lots to R-2• He also indicated the the Commission would be unfavorable towards a C-1 development of the four lots. Therefore, he said that a compromise would be in the best interest of the general neighborhood•>:He esntirae2dcby seyir�Q tfiat�a balid'laAd use of the four lots would seem to be for lots 22 and 23 to be rezoned for single family development and that lots 3 and 4 be rezoned for buffer zoning for duplexes- MOTION by Mr. Bergman that since the petitioner had indicated some interest in the above modification and with the anticipation that Mr• Peterson may choose to change his request, Mr. Bergman suggested that the request be passed on to Council with the Planning Commission's thoughts- MOTION DIES FOR LACK OF A SECOND• MOTION by Mr. Peterson, seconded by Mr• Langenfeld, that the Planning Commission recommends to City Council the denial of the rezoning request, ZOA �77-01� by Gary Peterson: Rezone from C-1 {local business areas} to R-2 {two family dwelling areas}, Lots 3, 4, 22, and 23, Block 2, Meadowmoor Tercace, to allbw the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N.E•� 1344-46 Osborne Road N.E., 1345-47 Meadowmoor Drive N.E., and 1331-33 Meadowmoor Drive N•E. with the understanding that the City Council would read all of the minutes of the Planninq Commission to find out the intent of the neighbors as well as the intent of the Planning Commission UPQN A VOICE VOTE, ali voting aye, the motion carried unanimously• Chairperson Harris indicated that the rezoning request ZOA �77-01 by Gary Peterson had been recommended for denial and that the request would go to City Council on May 16, 1977, and that a date for a Public Hearing would be set at that time. He also said that the audience would be notified by mail of the date for that Public Hearing. Planniny Commission Meetin9 — May 4, 1977 Page 13 14 L Mrs• Pavlik wanted to know was going to be done regarding the rezoning and the size of the lots. Chairperson Harris indicated that the subject would have to be appear before the Appeals Commission. However, he stated that if the petitioner decided to go along with the previous discussions regarding the Meadowmoor Drive lots, he would not have to go before the Appeals Commission• Chairperson Harris indicated that Mr. Peterson might have to go before the Appeals Commission regarding the lots on Osborne Road. Mr. Morin requested to be notified if the subject went before the Appeals Commission again. Mr. Boardman indicated that usually people aren't notified on an item that had been previously tabled- Ehairperson Harris indicated that it would be best, in this particular case, to notify the people that would be concerned• Mr. Morin assured the Planning Commission that if they would be notified, that there would be a good turn-out- Mr. Boardman said that the people would be notified by mail• 2• PUBLIC HEARING� CONSIDERATION OF A PRELInINARY PLAT o Part o Lots 3, 4, an 5, Au itor's Su ivision No• 25, generally located immediately Touth of the 1000 Block of Lynde Drive N•E., East of Polk Street N•E. and West of Fillmore Street N.E• MOTION by Mr• Bergman, seconded by Mr. Peterson, to open the Public Hearing on the Consideration of a preliminary plat, P.S. �77-�3, Iwen Terrace, by A• T• Gearman. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 8:40 P.M. MOTZON by Mr- Langenfeld, seconded by Mr. Peterson, that the Planning Commission receive the memorandum to Jerry Boardman from Thomas A tolbert, Assistant tity Engineer, dated May 4, 197� regarding the Iwen Terrace Plat. Upon a voice vote, all voting aye+ the motion carried unanimously and the memorawdem vas =_� received- Planning Commission Meetina — Mav 4, y977 Page 14 Chairperson Harris asked Mr. Boardman to give the background 14 M on this item. Mr• Boardman indicated that the proposal was to plat some open property between Polk and Fillmore Streets N•E., just south of Lynde Drive• He said that presently there was a large ponding area on this property• He coniinued to say that there was a proposed plat on this area at one time to make buildable sites out of the area, however, that plan fell through and this proposal was�wh�t came out of it• - He indicated that the proposal was for six lots• Mr• Boardman show�d the Planning Commission a copy of the proposed plat. He indicated that the lots are large 6aviog between 87 & 89 feet in width and about 304 feet deep. He said that it was the intent of the city to retain a drainage pond on the back portion of the property with drainage easement picked up on lots 4 8 5. He said that the ponding area would drain off draina9e into the sewer system on Polk Street. Mrs• Shea wanted to know about the easements• Mr. Boardman indicated on�the dra�ang-the easemen�s_tbet��he�� City wanted• Chairperson Harris wanted to know if Lot 4 would be buildable- Mr. Boardman indicated on the drawing an area that would be reqraded and he said that there would be a sizable area to build on this lot• He indicated, further, that at the time they were not sure of the exact angle of the lot but said that before the final plat went to City Council the angle of Lot 4 could be changed. He said that the drawing would be reworked and proceeded to show the Commission different areas that would be reconsidered. Mr. Bergman asked Mr- Boardman what the depth of lots would be• Mr. Boardman indicated that the lots would be 304 feet, of which the City would take 75 feet to allow for ponding area• Mrs• Schnabel asked why the City wanted a curved easement on Lot 4 rather than makea righ�-ang�e turn onto the connecting street. Mr. Boardman indicated that it was mainly because of the slopes of the hillsides.� �e�said that the angle of the curve had not been decided yet. He indicated that before tbe::�ina�_plat went before the City Council he would be �eetingy With the Engineering Department to determine actually how much easement would be needed• Plannin9 Commission Meeting — May 4, 1977 Paae 15 14 N Mrs. Schnabel showed concern about the ponding area in terms of high water lewels. She wanted to know if the drawing was showing the pond at its highest levei or at its present level. Mr• Boardman indicated that it was shown at its current water level• Mrs. Schnabel said that at times the pond had been known to b�come quite large• Mr• Boardman said that the proposed plat had been to the Engineering Department and they felt that the 75 foot easement on each side, with a modification of the drainage area, would ha�dle the higher water levels. Chairperson Harris asked if the City was presently dumping water into the pond- Mr• Boardman indicated on the drawing the present areas that are draining into the pond which in turn weat to Moore Lake• Mr. Boardman also indicated that the ponding area was a temporary solution to the present plat•' He said that if the petitioner, at a later date� decided to split the lots, then drainage would have to go onto Polk Street and would be taken care of by a new storm sewe� system. However, he said that the pond was � solution to the drainage that was presently there� Mr• Langenfeld wanted to know if the Rice Creek Water Shed District had any authority in the proposed plat• Mr. Boardman indicated that any proposals for drainage into Moore Lake are sent to the Rice Creek Water Shed District. Mrs• Schnabel wanted to know if the intent was to drain the pond e�tirely in the future� Mr. Boardman indicated that the intent prese�tly was to try to limit the drainage going into Moore Lake• Mr. Iwen {works for Mr. Gearman} indicated that presently this pond drained into Moore Lake. He said that the water level of the pond had to be kept down, otherwise the people in the area would have water in their basements• Mrs- H� C• McKinley of 1010 Lynde Drive said that they never had water in their basements until someone started draining the pond the last time {the year of the big tornado}• She continued to say that the basements had always been dry because Lynde Drive was high and on solid ground• Planning Commission Meeting — May 4, 1977 Page 16 14 0 Chairperson Harris wanted to know if it was Mr• Iwen's intent to make the pond io�o a drainage retention pond• Mr. Iwen said that it was his intent to make it into a drainage retention pond• Chairperson Harris asked What he planned to do with the pond• He wanted to know if Mr• Iwen planned to dig it or dredge it or put in control structures, or basically what did he plan to do. Mr. Iwen indicated he wanted to leave the pond as it presently was• Mr. Boardman indicated that the Engineering Department recommended six stipulations be placed on the Plat. Mrs• McKinley wanted to know what the zoning was on the six lots• Mr. Boardman indicated that the lots were zoned R-1• Mr. Boardman wanted the following six stipulations read into the record. 1• Comments and any pertinent requirements if any, must be obtained from the Department of Natural Resources regarding allowable alterations to the existing wet land within this plat prior to approval• 2• A 75 foot drainage and utility easement along the east lot line of lots 4, 5 and 6 and along the west lot line of lots 1, 2 and 3• 3• A 24 foot drainage and utility easement centered over the common lot line of lots 4 and 5. 4• A 5 foot drainage and utility easement along all property lines not previously mentiorted• 5. U�less expressly prohibited by the Department of Natural Resources, the owner should relocate the existing drainage ditch presently centered on lot 4 to the common property line of lots 4 and 5, and an appropriate inlet structure to be constructed as a connection to the existing storm sewer line on Polk Street. A timetable of one year would be appropriate with an acceptable performance bond of 92,000.�0• An alternative would be the acceptance of an agreement together with an escrow of �2,OOO.DO for such construction in the future. Plannina Commission Meeting — May 4, 1977 Page 18 1�� A Mrs• McKinley explained that two things had happened the year of the ^big^ tornado• The first thing was that the tornado took the roof off the apartment building and then bounced down to the swamp and she indicated that her house ^sang^• She said that every wire and pipe in the house vibrated and made a very eerie sound• She continued to say that that was the same year that a construction company tried to drain the sw�np• Mrs• McKinley said that the first few years they lived in the house they never had any water problems• The first time they experienced any problems was the year mentioned above and she couldn't say which of the items, the tornado or the draining of the swamp, caused the water problem• Mr. Peterson again asked if Mrs• McKinley had water in her basement two years ago when the water was so high. Mrs. McKinley indicated that she did• Mr. Iwen indicated that there was presently a drainage system out of the pond• He said that possibly the system was too high• He continued to explain that there was a culvert and that when the water gat� just so high in the pond, it drai� �i into the storm sewer on Polk and then into Moore Lake• He said that no matter how much rain we got, the pond shouldn't raise any higher than a certain level- Chairperson Harris wanted to know how large the outfall structure was• Mr. Iwen said that the structure was a makeshift, temporary thing with no piping. He said that it was just a culvert in a storm sewer and when the water got to a certain point in the swamp, it would just drain off. Mr. Iwen indicated that he believed that it would take about two years to get the legal items worked out regarding the corner- Mrs• McKinley wanted to know when the work would be started if the lot did get re-platted- Mr. Iwen guessed that it would be Fa11 before any work got started• Chairperson Harris asked Mr. Iwen if he had had a chance to read through the six stipulations• Mr. Iwen indicated that he had read them through and the only item he questioned was Item 6^A triangular street and utility easement over the southwest corner of Lot 4, for future street and utility purposes, the dimensions of whicF� to be determined by the Engineering Division and property owners prior to submission of final plat^. Planning �ommission Meeting — May 4, 1977 Page 19 14 R Mr• Iwen wanted to know if this stipulation would leave a � buildable lot. Mr• Boardman said that there would be no problems and Mr. Gearman would have a buildable lot� Mr• Iwen indicatad that everything on the list was agreeable to him. Mr• Robert Prois of 1060 Lynde Drive N-E. indicated that his family enjoyed the pond and the natural setting and he wanted to recommend that the City buy this parcel of land and leave it in its natural state• Mrs. McKinley indicated that she felt the whole block enjoyed the land in its natural state and felt that a park would be ideal. However, she said if that couldn't be done� then R-1 would be better than a lot of things that could happen to these lots• She did indicate that she would like to see the pond left natural. She said that most of the neighbors enjoyed the birds that came to the pond. She also said that if people kept draining and moving the natural wetlands, the children two or three generations from now wouldn't even know what a water bird looks like. Chairperson Harris wanted to know if this ponding area encompassed entirely on the area in question. Mr. Boardman indicated that the ponding area also went back into Lots 6, 7 8 8. Mrs• McKinley wanted to know what was going to happen to the natural drainoff from the se�vice road- Mr• Boardman indicated it would go into the road- Mr- Iwen indicated that he wanted the pond� He said that they could have gone into the area and filled the pond and made 20 to 3D lots to build on. He pointed out that he was only planning to have six lots and he planned to keep the pond. Qne of the reasons he gave was that it would have been too expensive to go into the area and build a development with 20 to 30 houses• He said he would have had to put sewer and water, streets, curbs, and-: gutters. He said that by doing it the way he proposed, he already had sewer and water o� both Polk and Fillmore Streets and he could leave the pond in its present state• Planning Commission Meeting — May 4, 1977 Page 2D 14 S Chairperson Harris wanted to know what Mr. Iwen planned to do --- with the lots• Mr. Iwe� indicated that the lots would be sold for individual homes• Mrs. McKinley wanted to know if Mr• Iwen planned to build the homes himself• Mr- Iwen didn't want to say whether he would build the homes or not. Mrs• McKinley wanted to know if there would be any restrictions on the homes- Mr. Iwen said that he didn't believe there would be any other than the same restrictions placed on any home in the area. Mrs• McKinley felt that the�e would have been a bigger turn out if more people could have figured out what the Public Hearing notice was trying to say- Chairperson Harris indicated that the Planning Commission was required by law to pubtis6t the legal description of the property. Mr• R� M• Frank of 5512 Fillmore Street wanted to know if an individual could buy one-of the six planned lots and then break that lot into two lots, thereby creating a possibility of 12 lots instead of the original plan of six lots. Chairperson Harris indicated that a person would be able to make a request to split the lot; however, whether the City would allow it would be another matter. Mr• Frank wanted to know if there was enough square footage to make these lots into two lots. Chairperson Harris said that he assumed there was enough square footage on the lots to enable a possible lot split- Mr. Frank wanted to know if Lot 4 would be a buildable lot- Mr. Iwen said that he was told it would be a buildable lot• Mr• Frank wanted to know if the replat was being requested to make Lot 4 buildable• Planning Commission Meeting — May 4, 1977 Page 21 I4 r Mr. Iwen indicated that the purpose of the replat was to make all six lots buildable• Mr. Frank wanted to know when the new street would be put in• Mr- Iwen indicated that he didn't plan to pvt a street in. Mr. Boardman pointed out on a drawing to Mr. Frank the area he was referring to and i�dicated that the street would come at the time when whoever owned the back land decided what they wanted to do with the property• Mr. Frank wa�ted to know if the entire are on the drawing was zoned as R-1• Mr. Boardman again pointed out on the drawing the areas zoned as R-1 and the lots that were zoned R-3- MOTZON by Mr• Langenfeld, seconded by Mr• Bergman, to close the Public Hearing on the consideration of a preliminary piat, P•S. #77-03, Iwen Terrace, by A• T- Gearman. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 9:1U P.M. Mr. Bergman asked Mr. Iwen if he felt any particular burden or had any strong objections to the six conditions and stipulations recommended by the Engineering Division Mr. Iwen .-only asked �hat he was lefb,.wi�h�sax builda�te lots• MOTION by Mr• Bergman, seconded by Mr. Peterson, that the Planning Commission recommend to City Council approval of the consideration of a preliminary plat, P.S. �77-03, Iwen Terrace, by A• T• Gearman: Replat of Part of Lots 3, 4, and 5, Auditor's Subdivision No• 25, generally located immediately South of the 100� Block of Lynde Drive N.E•� East of Polk Street N•E. and West of Fillmore Ttreet N•E- subject to the six stipulations recommended by City Engineering. Mr. Langenfeld wanted it to go on record that the comments and opinions of the Rice Creek Water Shed District should be considered- Chairperson Harris indicated that these would be considered� Mrs. McKinley wa�ted to know why the Rice Creek Water Shed District had to be consulted• Planning Commission Meeting — May 4, 1977 Page 22 1� � Mr. Langenfeld said that Mrs• McKinley had showed great concern of the pond and it was Mr. Langenfeld's opinion that the Rice Creek Water Shed District was very concernad about the deletion of wetlands, ponding areas, etc. because of the effect it has on the surrounding areas in regards to eliminating the natural water resources• Chairperson Harris also indicated that the pond dumps into Moore Lake which in turns dumps into Rice Creek. He said that that was another reason to consult the Rice Creek Water Shed District- UP4N A VOICE VOTE, all voting aye, the motion carried unanimously. Chairperson Harris indicated that the Planning Commission wou2d be recommending to City Council approval of the consideration of a preliminary plat, P.S. �77-03, Iwen Terrace, by A• T. Gearman seb�e¢t toathp six*stiipal�tions�recommehded�b� Eit� En�snee�ing•_ � «t- ��. . -�_� _ . - �:��. -. . - ,._-� ;r+� Chairperson Harris said the item would go to the City Council on May 16, 1977, and they would set a date:foi� public hearing• 3. PUBLIC HEARING= CONSIDERATION OF A P P.S• � 77-04, NORTON AVENUE HOMESITES, BY WYMAN SMITH� Rep at o Lot 13, Auditor's Su division No. 89, exeept the Easterly 200 feet thereof, generally located on the South side of Norton Avenue where it intersects with Central Avenue N.E. MOTION by Mr• Langenfeld, seconded by Mrs• Shea, to open the Public Hearing on the consideration of a preliminary plat, P•S- t77-04, Norton Avenue Homesites, by Wyman Smith. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 9:15 P•M. Mr. Wyman Smith of 1250 Builders Exchange Bldg. was present• MOTION by Mrs• Shea, seconded by Mrs• Schnabel, that=tbe Planning Commission receives the letter from Mr. Jerry O Sympson• Upon a voice vote, all voting aye, �he motion -- carried unanimously• Chairperson Harris indicated that the Ietter was received and that it would go with the file to the City Council. Plannina Commission Meeting — May 4, y977 Page 23 Mr. Boardman indicated that the proposal was for six lots and that portion of Lot 13 minus the 200 feet to the East. He said that there hed been a mix up with the Staff in that Mr• Smith didn't have 442 feet but rather had 475 feet- Mr• Boardman indicated that Mr. Smith had another drawing that he had sketched out. Mr. Wyman Smith gave the background up to the point of the meeting. He indicated that by using the 475 feet, he could have five lots of 74 foot width and one lot of 80-foot width- He said that by doing it that way all six lots would have over the 75 foot minimum requirement• Mr. Boardman said that he had laid it out as two lots having 75-foot width and four lots with 80-foot width and then Mr. Smith would have five feet of out-lot. He indicated that with the five foot out-lot, the 150 feet on the corner could possibly have two single family lots, if Mr. Leroy Smith so desired• By having the five foot outlot, Mr. Wyman Smith could sell or give the five feet to Mr- Leroy Smith, thereby giving Leroy the required amo�nt of square footage without having to go through a Zot sp2it. Mr. Wyman Smith indicated that the corner lot could not be taken care of the way Mr. Boardman suggested because Mr. Leroy Smith had ��5,00� involved and a person coul�n't get that kind of money out of two dwelling lots• Mr. Wyma� Smith suggested that the five lots with 79-foot width and one lot with 80-foot width be laid out• Mr. Boardman indicated that the requirements of the lots would be that the City would need five foot �tiiz�y"and drainage easements along the side of each of the lots and ten foot utility and drainage easements along the back. Mr. Boardman asked Mr. Smith if he was aware of the park fee that would be involved with the plating• Mr- Smith indicated that he was not aware of this park fee• Mr. Boardman explained that there would be a park fee that turns out to be ten percent of the land value of the property which would equal approximately •038 cents per square foot• Mr. Smith wanted to know what he was to do next- Mr. Boardman indicated that the final plat would have to be drawn up for City Counci2• 14 V Planning Commission Meeting — May 4, 1977 Page 24 14 'r! MOTION by Mr• Peterson, seconded by Mr. Bergman, to close the `— — Pu61ic Hearing on the consideration of a preliminary plat, P-S. #77-04, Norton Avenue Homesites, by Wyman Smith• Upo� a voice vote, all voting aye, Chairperso� Harris declared the Public Hearing closed at 9:25 P•M. MOTION by Mr- Peterson, seconded by Mr. Bergman, that the Planning Commission recommend to City Council approval . — of a preliminary plat, P-S- �77-04, Norton Avenue Homesites, by Wyman Smith: Replat of Lot 13, Auditor's Subdivision No. 89, except the Easterly 200 feet thereof, generally located on the South side of Norton Avenue where it intersects with Central Avenue N•E• Upon a voice vote, all voting aye, the motion carried unanimously� Chairperson Harris indicated that the consideration of a preliminary plat, P.S• �77-04, Norton Avenue Homesites, by Wyman Smith had been recommended to City Council for approval- He said that it would go to Council on May 16, 1977, and they would set a date for a Public Hearing. Chairperson Harris declared that the Planning Commission would take a ten minute break at 9:35 P.M. Chairperson Harris called the meeting back to order at 9:45 P.M. MOTION by Mr. Peterson, seconded by Mr• Bergman, that the Planning Commission move Item 8 of the Agenda to Item 4. I1pon a voice vote, all voting aye� the motion carried u�animously• 8. STAFF ACTIVITY REGARDIMG INFORMATION TO CALLER3• Mr. Peterson said that he shared the entire Planning Commission's embarrassment at the statement that was made• He felt that the 'Staf€ �:�. should be very careful about suggesting that people not appear in front of commissions that are meeting if the people are effect2d because if the commissioners volunteer their time, then it is important that if the people have anything to say, they should be encouraged to be at the meetings Mr• Bergman commented-bhat the entire item had been a very confusing item. Ne felt that the public should take more time ih developing their thoughts a�d their positions• He also indicated that the people in the audience should be more careful about stating their requests when they call City Hall for information• He cited the example where Mrs• Morin indicated she called City Hall and asked someone if she was required to attend the Appeals Commission meeting• Mr- Bergman stated that N4, she wasn't required to attend the meeting. Planning Commission Meeting — May 4, 1977 Page 25 14 X Mr. Bergman did say Lhat rather than just saying N0, the Staff person could have informed the caller that it might be to his benefit and that he should attend, wr ° Mr• Bergman stated that very possibly the people are asking the wrong questions or are using the wro�g words when stating a question because there was too much indication of confusion and misguiding for it to all be one-sided• Mr. Peterson stated that the Staff aepp�ethat understand the Ordinances and are working at City Ha21 full time sould have a little more burden on them than does the citizen who is not as well informed• Staff person should have realized that when the caller asked if she was required, the caller really meant was anything going to happen of importance• Mr. Peterson felt the staff should be discerning enough to understand even if the wrong word might have been used• Chairperson Harris said that a policy or procedure had to be set up on how to handle instances such as this- Mr. Boardman commented that prior to that time, there had been no policy or procedure regarding this problem. He went on to say that there were going to be corrections made• He stated that•$�a€€ ti�$ planning to set up a seven-day time requirement before any application had to go to paper for Public Hearing Notice or any application notice that would � h�Qea�e-be sent with an agenda. He said that Staff would require seven-day application time during which time the application would be reviewed by all Staff personnel and then, and only then, would that item be put on an agenda or set up for a Public Hearing• Mr. Boardman indicated that the second thing that would happen would be a Staff Checklist. He said that on Friday, May 6, 1977, a Staff Checklist Procedure would be set up in which a checklist sheet would be attached to all Building Permits and aIl applications for rezoning, special use permits, etc• and it would go through the entire review process• It would then be returned to one person who wouid be the responsible person for following the request through• He indicated that it would be returned to him if it was an app2ication for the Plann;ng Commission and that he would have a complete handle as toeail the recerome�da�$ons from the other areas• He indicated that other requests and applications would be sent to the appropriate perso� responsible• Planniny Commission Meeting — May 4, 1977 Page 26 14 Y Mr. Boardman also discussed with Mr. Sobiech the giving out of - i�formation• He indicated that si�ce the secretaries did handle much of the load for the Administrative Staff, that the secretaries be informed that certain information would have to be given out by certain personnel• He said that a firm conclusion had not been reached but the problem was being worked on- Mr• Langenfeld indicated that he felt it effected both the Commission and the audience when the people joined forces and talked about an item and then came to the meeting with just one idea i� mind� that being WHAT THEY WANT, and then when any person on the Commission tried to inform them or educate them, it would iurn into an accasation-that�the Commission had tried to iniimidate them- He felt that sometimes the Commission was faced with a mental block that had to be pe�etrated before the item could even be discussed- �hairperson Harris indicated that the problem with mis- information from City Staff Was-_that-it was worse than no information at all• He said that the people would get the misinformation and then that would be changed and the� the people get defensive and belligerent• Mr. Boardman indicated that there had been several cases when a person would consult the City on a piece of property and ask how many units they could build on this piece of property• He continued to say that without any further information on that piece of property, they could only tell what would be possible on that much square footage of land• Chairperson Harris said that the requestor should be asked exactly what specific piece of property he was talking about• Mr- Baardman said that even with that information, they would have to take the time to layout the building and layout the parking lot• He indicated that usually they inform the person that according to the Code he would be allowed to build eight units on that property if all of the other requirements were met• Mr. Boardman said that then the person is told to draw up a site plan and bring it in to City Hall and they could discuss the plan further. Mr Peterson �eptioned to Mr. Boardman that perhaps many of the requests were from Real Estate Agents who would want the information to be able to tell a potential buyer. Planning Commission Meeting — May 4, 1977 Page 27 14 Z Mr. Boardman indicated that they still could oniy te12 the -- — person that according to the square footage, he would be able to build a certain amount of units but that there would be other code requirements that would also have to be met• Mr. Boardman cited an example to the Commission• Mr. Peterson .suggesed that in certaie_cases the requestoc be g'xv�❑ a�cepy of the Code and have him discuss it with his attor�ey rather than Staff saying anything• Mr. Boardman said that usually they indicated that according to the square footage they could be thinking of that tertain amount of units• Then the requestor would be given a copy of the Ordinance and would be informed that those would be the ordinances that would have to be met and before there would be any more discussion on the plan the requestor would have to have a site pZan- Mr- Bergman said that he felt that the number of units that would be allowed was a reasoAable question for a citizen to ask and that Staff should give him an answer. Mrs. Sch�abel mentioned that in the Appeals Commission that most of the members go out and do a site inspection on each piece of property that would go before the Commission. She said that they do this inspection individually and on their own time. She indicated that particularly when there was an appeal that was unusual in nature and would present some distinct problems to the adjacent neigh6ors, she has gone to the site and talked to the neighbors about the request. She said that the Appeals Commission had a particular request that was.:appeartng �ee�tbe second time and when she was at the site, she talked with a neighbor who indicated that she was not going to the meeting• Mrs• Schnabel talked with the neighbor and indicated that the Appeals Commission needed their input and it turned out that the neighbor had been opposed to the particular request and because of Mrs- Schnabel's encouragement the person went around the neighborhood and had a new petition signed and that neighbor and several others appeared at the meeting- Mrs• Schnabel indicated that she didn't like to ^hand�hold� people from their homes to the meeti�g but she was concerned about the person at the meeting that indicated that she had called and had not been encouraged to attend the meeting• Mrs• Schnabel said that she Would like to see a memo sent to the Staff indicating that any time there is a public hearing and someone calls regarding that meeting, that the person calling definitely be encouraged to go to the meeting• Plannina Commission neeti�g — May 4, 1977 Page 28 �4 pp Chairperson Harris cited an example to the Commission that a person would call City Hall and ask what a particular address was zoned as and they would be told, for example, R-1• He said that then the requestor would say thank you and hang up and City Hall would have no idea what was across the street or in the neighborhood• Then when the owner of some adjacent property wants to build some factory or something on his property, the citizen would be upset because he had been told by City Hall that his Iot was zoned as R-1- Chairperson Harris indicated that the-_c�tizen didn't always have the exact facts• He said that the citizen had been told that HIS lot was R-1 but there had been no indication that the adjacent lot was also an R-1 lot• Mr• Boardman indicated that the only way to correct that type of misunderstanding would be to ask the person calling to go into City Hall and review, with a Staff inember, the Zoning Map- Chairperson Harris wanted to know if something could be mailed to a person requesting zoning information, showing them the zonings near them. Mr. Boardman ihdicated that an abundance of requests come_ into City Hall each day, and to do that type of mailing would be quite an additional expenditure just for mailing costs• Chairperson indicated that the present way the zoning information calls were being handled was not adequate- Mr. Boardman felt that the number of complaints received compared to the amount of information that went out of City Hall each day was relatively small. Mr. Boardman indicated that misunderstanding was in the information. He went on to caused by some Real Estate that he had talked to City lots were zoned whatever• it seemed that the main area of area of req3es�s��for zoning say that the problem could be Agent telling a perspective buyer Hall and had been told that the Chairperson Harris suggested that when a person would call City Hall to request information on zonings that the person be requested to go to City Hall and discuss their question with someone who could explain the exact zonings in the �_ particular area • Chairperson Harris then asked Mr• Boardman if this procedure could be implemented• ,;_. _. - _ . . . , _ _ _ Pik�:-8oardman sa�d�thgt- the rez�oests -6ohPeoning-ap£er.matiqn cou�.d�:be-hand�ed as o�tln�ned.by:Cha��person Harris• Planning Commission Meeting — May 4, 1977 Page 29 1.4 BB 4. CONSIDERATION OF THE Mr. Boardman indicated that at the time the Beer Ordinance was reviewed, the City Attorney suggested that such notification should not be a condition of the licensing but should be a condition of the zoning• Therefore, it was not written into the Licensing Ordinance- Mr• Boardman indicated that at the present time Staff was working with the City Attorney on the conditions for notifications• He requested tF�at the Planning Commission table the item until Staff received further response from the City Attorney. Mr• Peterson asked if Chairperson Harris wanted the item continued so it could go to other Commissions or did he want the item back on the agenda. MOTION by f1r• Peterson, seconded by Mrs• Shea, that the Planning Commission continue the consideratio� of the recommendation from the Appeals Commission that property owners of residential property within 2U0 feet of any operation applying for beer, wine or liquor licenses be notified of this application until the first meeting of July so that each member Commission would have a chance to review it- Chairperson Harris asked that the City pttorney research in particular Item 11 in Ordinance #435, Section II — Conditions of License: 11• Any police of�icer, or any properly designated officer or employee of the City shall have the right to enter, inspect, and search the premises of the licensee during the business hours without a warrant• He requested that the City Attorney kepi in mind tfisr _ Fourth Amendment to the U.S. Constitution: ^The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized•" Planning Commission Meeting — May 4, 1977 Page 30 Chairperson Harris also requested the City Attorney to keep in �� �� mind the Fourteenth Amendment to the U•S• Constitution that states= ^All-persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside• No 3tate shall make or enforce any law which shall abridge the privileqes or immunities of citizens of the United States; nor shall any State deprave any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws•^ Chairperson Harris felt that this Ordinance was unconstitutional• Mr Peterson acknowledged to Chairperson Harris that he agreed completely with his statement- He also said_that the OrdinanEe made references to persons 21 years of age and he indicated that presently the legal age is 19 years- He indicated that he thought the entire ordinance needed rewriting- Chairperson Harris also didn't like the wording of Section 9— Persons Ineligible for License• In particular he questioned the second item ^Who is not of good moral character^. He wanted to know the definition of ^good moral character^. UPON A VOICE VOTE, all voting aye, the motion carried unanimously• The consideration of the recommendation from the Appeals Commission that property owners of reside�tial property within 204 feet of any operation applying for beer, wine, or liquor licenses be notified of this application will be continued at the first Planning Commission meeting in July• Mrs. Schnabel asked Mr. Boardman if he expected to have the City Attorney's response before the first meeting in July. Mr. Boardman indicated that he should have the City Attorney's response before July• Mr• Peterson tMdica�ed=that om=�o�dey, May 9, 1977, the Parks and Recreation Commissio� Would be having a special meeting regarding the Commission's goals and o6jectives and other forward looking things and he extended an invitation to the Planning �ommission members to attend• Chairperson Harris indicated to Mr. Peterson that he had a petition for the Parks and Recreation Commission• MOTION by Mr• Peterson, seconded by Mrs. Schnabel, that the Planning Commission receive the petition and forward it on to the Parks and Recreation Commission for inclusion on their agenda• Upon a voice vote, all voting aye, the motion carried and the petition was received and forwarded• Planning Commission Meeting — May 4, 1977 Page 31 14 DD MOTION by Mr• Langenfeld, seconded by Mr• Bergman, to receive -- — the Park a�d @pen Space Plan• Mr.Boardman distributed a copy of the -. - Plan to each member of the Planning Commission indicating that Staff had canpleted their version and that it was to go before the Parks and Recreation Commission• He explained that there were a few maps still missing from the document and that they would be distributed to the Commission members in a few days. Mrs• Schnabel wanted to know if a small map delineating the neighborhoods would be included• Mr. Boardman indicated thet the particular map Mrs• Schnabel had referred to in addition to several other maps would be distributed in a few days• Mr. Peterson pointed out to the Commission that the Parks and Open Space Plan reflected the thinking of about 12� people that had served on the neighborhood committees one year ago- Mr. Boardman said that the Parks and Open 3pace Plan was quite an action plan. He said that it made some very strong recommendations, some of which might be controversial; but said that it was a document that Staff felt was essentia2 to the Parks and Recreation Commission regarding the future development in the City of Fridley• UPON A VOICE VOTE, all voting aye, the motion carried unanimeusly• W�ekP�ann6ng Commission received the Parks and Open Space plan- 5. CONTINUED� PROPOSED MAINTENANCE CODE� Chairperson Harris indicated that this item would be deferred until later in the meeting. 6. RECEIVE APPEALS COMMISSION MINUTES= APRIL 26, 1977 MOTION by Mrs• Schnabel, seconded by Mr• Bergman, that the Planning Commission receive the pppeals Commission Minutes of April 26, 1977• Mr• Langenfeld said that he really liked the way the Appeals Commission minutes are set up regarding the Administrative Staff Report• He indicated that it would save time if the planning Cor�nission had a similar form to refer to on each of the items discussed at the meetings• Planning Commission Meeting — May 4, 1977 Page 32 Mrs• Schnabel indicated that the entire Appeals Commission 14 EE felt that the Administrative Staff Report was a very helpful tool• Mr. Boardman asked Chairperso� Har�is if he felt an Administrative Staff Report was actually needed or if the oral presentation was adequate• Chairperson Harris indicated that a Staff Report would be helpful- He asked Mr• Soardman if there would be staff available to make Administrative Staff Rep6otrs for the Planning Commission• Mr. Boardman indicated that he could possibly delegate the task of producing Ackninistrative Staff Reports to another person, but that he personally wouid not have the time• There was some discussion on the reasons for a rezoning request to be before the Planning.Commission at the same time that a variance request was before the Appeals Commission. Mr. Boardman wanted to know if a rezoning was approved with a certain thing in mind that would require a variance, would the Planning Commission be putting a burden on the Appeals Commission to grant the variance• Chairperson Harris said that if the City Council approved a rezoning as it stood, they would be giving tacit approval to the variance request- f1r. Boardman indicated that the whole purpose of the re-organization of the Planning Commission was done so that all the information would come together at the Planning Commission and they would make a full recommendation to the City Council taking into consideration the variances and the rezonings that would be needed• He felt that the position of the Appeals �ommission was a recommending commission for the City Council, with their recommendations going through the Planning Commission. He felt it was very essential that sometimes the Appeals Commission would have action on a variance request before the Planning Commission acted on a rezoning request• Mrs. Schnabel indicated that sometimes the Appeals Commission was very uncomfortable handling a variance request on some property before a rezoning had been approved• She felt that when a petitioner went before the Appeals Commission for a variance request with a plan in which there would be alternatives, she didn't think it appropriate to 6�ar the request before the Planning Commission had acted on the rezoning- Planning Commission Meeting — May 4, 1977 Page 33 14 FF Mr. Boardman indicated that the Planning Commission should present to the City Council a"full picture^. He also felt that the petitioner should have the ^full picture^ of �� the different Commissions responses before he goes before the City Council- Mrs• Schnabel and Mr. Boardman discussed for a short time their reasons for and against the handling of a variance request by the Appeals Commission before the Planning Commission had approved the rezoning• Mr. Boardman felt that a clear picture is not given to City Council when too many different things on the s�ne property go to the City Council at different times• Chairperson Harris said that the intent of the way the Planning Commission was set up was to present a complete package to City Council on a project with all the materials and recortunendations all together- UPON A VOICE VOTE, all voting aye, the motion carried unanimously and the FliaAaangw�ommission_r_ecQived ��e = Appeals Commission minutes of April Z6, 1977. 7. MOTION by nr• Langenfeld, seconded by Mrs- Schnabel, that the Planning Commission receive the Environmental Quality Commission minutes of April 19, 1977. Mr. Langenfeld indicated that the Environmental Commission was going to embark on a Noice Pollution Ordinance very shortly• Mr. Lan9enfeld referred to the statement he made that he would appear before City Council with the request by League of Women Voters for the Envirortme�tal Quality Commission to co-sponsor a public meeting on ^Energy^ on Monday, April 25th..-.. Mr. Langenfeld indicated that the date was actually May 2, 1977. Mr. Langenfeld told the Planning Commission about the May 2nd meeting• He explained that he worked �he En�ironmep�al ' e Resources ��muia�or. He eaptaihed 4hat°�heitlep�bf+t�e^�+athiee had^�nobs representing our means of energy and the bottom of the machine had knobs representing our energy consumers {such as automobiles, industries, agriculture, etc}• He explained how he worked the machine and said that the goal was to try to make the e�ergy resources last for 5�� years• He said that after many tries, they made the resources last for about 683 years but that they had completely cut out automobiles, airplanes, and-eir conditioAecs- He explained that the whole purpose of that machine was to show that by merely coaserving on one thing was certainly not going to solve any problems. Planning Commission Meeting — May 4, 1977 Page 34 i t� GG Mrs- Schnabel said that she was pleased to see that the - Environmental Quality Commission was going to follow up on the request from the Appeals Commission regarding the East River Road traffic problems. Mr. Langenfeld indicated that he had used the 7-11 Store to be located at 79th and East River Road as a^case" item to try to show the Environmental Quality Commission how involved just o�e particular problem could get• He also said that he hoped that the East River Road Project Committee could provide the necessary information that had been requested• UPON A VOICE VOTE, all voting aye, the motion carried unanimously and the Planning Commission received the Environmental Quality Commission Minutes of April 19, 1977. Chairperson Harris discussed items received from Mr. Mike E• 0'Bannon and Mr• A1 Kordiak• He also had a copy of the Annual Financial Report from the City of Fridley• Mr. Langenfeld, Mrs• Schnabel, and Mrs. Shea requested to receive a copy of the Annual Financial Repor.t- AD JOHRfW7ENT: MOTION by Mr. Langenfeld, seconded by Mrs• Shea, that the Planning Commission meeting be adjourned- Upon a voice vote, all voting aye, Cfiairperson Harris declared the Planning Commission meeting of May 4, 1977 adjourned at 10:55 P•M• The Planning Commission decided to have a one-hour Workshop on �hemPr000sed Maintenance Code• Respectively Submitted, ��v�-.CC,� ���:7%i�Gtti� MARY LEE CARHILL, Secretary