05/24/1965 - 5978•
REGULAR COUNCIL MEETING AGENDA - MAY 24, 1965
ROLL CALL:
-
NEW
BUSINESS:
1.
Building Permit Application - Electro -cote,
/
2.
Minnesota Highway Department: SPO 207- 15j,
Page
1.
3.
Jaycees - Locke Park Cleanup,
4.
Hearing on Contractor's-License,
Page
2.
5..
Demolition Notices Posted and Requests for
Delay,
Page
3.
6.
Memo - Mayor Nee: Used Car License,
Pages
4 - 7.
7.
Municipal League Conference - june 16, 17,
& 18, -Pages
8 & 9.
' ADJOURN:
a
STATE OF MINNESOTA
DEPARTMENT OF HIGHWAYS
CONSTRUCTION DISTRICT 8
2056 NO. LILAC DRIVE
MINNEAPOLIS, MINN. 88422
May 24� 1965.
City of Fridley
City Hall
6431 University Avenue N.E.
Fridley, Minnesota
Attention: Mr. Earl Wagner, City Manager
Re: S.P. 0207 -15 (T.H. 65=5)
Gentlemen: Plan Approval
At the May 3rd, 1965 City Council meeting, Mr. Kurpius of this office
presented the above referenced plan to the Council and asked for formal approval.
After discussion by the Council, approval was withheld based on the State's not
widening West NIoore Lake Drive to the west between T.H. 65 and the frontage road
to the Drive -in Theater area. Mr. Kurpius informed the Council at that time that
the street could not be widened under the signal plan.
• However, the State does propose to widen the street to 44 feet in width
by the use of maintenance forces. This work will involve extending the twin 4211
culverts inplace, regrading to 44 feet and resurfacing the street. This work will
be completed prior to the opening of school in the fall. This work will have to
be co- ordinated with the Interstate contract currently under construction and the
future signal contract.
We hope this will adequately solve the Council's problem and again we
ask for formal approval of S.P. 0207 -15• This project was let on May 14, 1965
and awarding of the contract, awaits approval by the City Council of Fridley.
Sincerely.,
DEPARTMENT OF HIGHWAYS
G. F. Welch
District Engineer
GEW: eo
t
0
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Form 2523 (1 -65)
RES OLUTIONNO. 88 -1965
At a (regular) (special) meeting of the Council of the City
of EridlPV duly held on the 24th day of May , 19_ 65 , the
following Resolution was offered by Sheridan , Council= i
seconded by Kirkham , 'Councilman _; to -wit:
WHEREAS the Commissioner of Highways has prepared plans, special
provisions and specifications for the improvement of a part of Trunk
Highway Number 5 renumbered as Trunk ,Highway Number 65
within the corporate limits of the_ rit,,�of Fridley
from the Jet. T.H. 100 to
and
WHEREAS said plans are on file in the office of the Department of
Highways, Saint Paul, Minnesota, being marked, labeled, and identified as
S.P. 0207 -15 (65 =5) ; and
WHEIVAS said special provisions are on file in the office of the
Department of Highways, Saint Paul, Minnesota, being marked, labeled, and
identified as ,q p 020') 15 j65 =5i -9
which, together with the Minnesota Department of Highways Specifications
for Highway Construction, dated January 11 1964, on file in the office of
the Commissioner of Highways, constitute the specifications for said
improvement of Trunk Highway Number 5 renumbered as Trunk Highway
Number b5 ; and
WHEREAS copies of said plans and special provisions as so
marked, labeled and identified are also on file in the office of the
City Clerk; and
WHEREAS the term "said plans and special provisions "•as herein -
after used in the body of this resolution shall be deemed and intended to
mean, refer to, and incorporate the plans and special provisions in the
foregoing recitals particularly identified and described.
/4- 1
Form 25-23
NOW, THEN9 BE IT RESOLVED that said plans and special Provisions
for the improvement of Trunk Highway Number 5 renumbered as Trunk
Highway Number 65 within the limits of the rity . of _Frjd1aj&__.
be and hereby are approved.
BEAT FURTHER RESOLVED that the elevations and grades as shown
in said plans and special provisions be and the . y are hereby approved and
consent is hereby given to any and all changes'in grade occasionid by the
construction of said Trunk Highway Number_5 renumbered as Trunk Highway
Number 65' in accordance. with said.plans and special provisions-
voted in
'Upon the call of the roll the following gouncilmen
favor of the Resolution Nee, Shericlan, K. +- m (Thnmnc;nn-.Ab5=t)
The following Councilmen voted against its adoption*-
whereupon the May or and presiding officer declared the Resolution adopte do
D4ted 24----* 19.kj.*
Mayor William j. Nee
Attest_
Xa�kvLW.= Brunsell
City
S TATE OF MINNESOTA
COUNTY OF ANOKA
C ITY FRTDLZX
of
I do hereby certify that at a regular meeting
r
which due and legal notice was given) of the j Ly Council of F,ja i igg I
ty 6f the
Milmesotal on the 24t-h day of May at which a majori
members of said Council were presents the foregoing resolution was adopted*
day of May
Given under my hand and seal this 2ji-1h
_Fg-Fv-jn C, BE—=sell
APPLICATION FOR LICENSE
CITY OF FRIDLEY
19
TO THE HONORABLE CITY COUNCIL:
GENTLEMEN:
�herewi h submit' application for
license t / perform utie within the City
of Fridley, in accordance with the ordinances of said City regulating the
same. I am over twenty -one years of age.
Submitted herewith is a Certificate of Insurance evidencing the
holding of Public Liability Insurance in the limits of $25,000 per person,
$50,000 per accident for bodily injury, and $5,000 for properCy damage,
• and a Certificate of Insurance evidencing the holding of Workmen's Compensation
as required by law.
• �*n
N F COMPANY
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N OF INDIVIDUAL
ADDRESS
CITY TELEPHONE NUMBER
State Master License
No. (When Applicable)
License Number and Type in nearby
Cities or.Villages '
FEE
CERTIFICATE OF INSURANCE
1 Workmen's Compensation
Public Liability
Receipt No.
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May 24, 1965
MEMO
! • TO: City Council
! FROM: Bill Nee
4
{ RE: Removal of Non - conforming Uses "Frank's Used Cars ".
As you know, the used car retail sales enterprise at 58th Avenue
N.E. and University Avenue'is and has been for many years a "NON=
CONFORMING USE ":
The property is and has been.zoned R -2. As far as I can determine
from reading the ordinance, Used Car Retail Sales is permitted in C -2
and C -2S, but only upon issuance of a special use permit. Districts
zoned M -1 and M -2 would also be appropriate under similar conditions.
In addition.to this situation, it appears to me that the operator
is continually and habitually violating the laws of Fridley in several
other ways.
For example.
•
1. On Friday, May 21, 1965, the Police reported that he was
doing major construction on the building on the premises,
(which is a "public" building and subject to much more
i stringent construction requirements than residential build -
ins) , without a building permit, without certification by
the Building Inspector that the foundations were sound, and
ri
without the use of a licensed contractor or certified archi-
tect.
The construction involved major load - bearing walls.
I consider this to be a major violation of not only our own
building ordinances, but also State regulations governing the con -
struction of business buildings.
. 2. Even though the land is zoned-R -2, it seems to me that the
operation shaxld comply to the other requirements consistent
with this business, as though the area were zoned for the
enterprise.
The operation violates the Zoning Ordinance,.for C -2 or C -2S in
several ways. For example, in "OFF'STREET PARKING ",. "PLANTING'STRIPS"
'`. . encroachment on public boulevards and right -of -ways, etc.
k
Page 2... "Frank's Used Cars ".
45.343 requires that off- street parking shall be three times or more
the aggregate floor area and other area to be ultimately devoted to
business purposes. The required area shall be inclusive of parking
stalls and aisles only, and not inclusive of driveways, walks; truck
loading spaces, planting spaces or other required open spaces.
Obviously the operator has not even approached or attempted
compliance with this part of the law. He has covered his property
with used cars. Allowing only a small drive area for purposes of
getting a car out for demonstration.
Other areas of the premises are devoted, not to parking, but
to a taxicab business and some kind of junk business.
45.334 requires a screen planting.strip between C -2S district
and any R district. This suggests that a 25 foot planting strip is
required. I believe the operator is in violation of the law on this.
Chapter 70 adopts the State Highway statutes by reference. I
presume these statutes forbid the sale of used cars on public right -
of -Tway, as our Park- Parkways ordinance prohibits similar action.on
our parkways.
Since the operator has repeatedly used highway property for the
display of used cars for sale, here again he has probably violated
the laws of the City of Fridley in a flagrant way. Photo evidence
of this is available.
Chapter 19.04 (Licensing used car lots) requires that every used
car lot shall be maintained in a clean and orderly manner. This is a
subjective question, but I believe 99 out of 100 citizens of Fridley
would say these premises are not orderly. It further states that no
junked cars shall be stored or kept on the premises. Again, perhaps,
a matter of definition, but it appears to me that junked cars are
being kept on the rear of this premises. Probably another violation
of Fridley laws..
Chapter 45.205 (re; NON- CONFORMING USES) provides that a structure
which is damaged by wind (etc.) may be restored if the cost of res-
toration does not exceed 500A of the assessed valuation, full and true.
Page 3.... "Frank's Used Cars ".
The implication of this section is that if the cost of-res-
toration exceeds 50/ of the Av -full and true, restoration is not
to be permitted. (i.e. that other sections of Chapter 45 control).
Standards for determination of what the cost of restoration is,
are not provided. This would be a matter of Council judgment.
The assessed value, full and true is $3,490.00.
50•/0 of this amount is $1,745.00..
Therefore, if the estimated cost of repair exceeds $1,745.00, a
permit for re building shall-not be re- issued since the land is not
zoned for such a use.
An estimate.by a qualified contractor states that the cost of
repair and restoration of the damage of the May 6 storm would amount
to $2,000.00.
Chapter 50.01 (b) states that any building showing damage to more
• than 1/3 of the supporting members shall be deemed a "dangerous build-
ing ". Three of the four supporting walls showed damage. Therefore,
this structure is a "dangerous building" and repair or demolition is
required.
Since Chapter 45.205 (above) does not permit repair, it would
appear that the law requires demolition.
It is not clear that the demolition of the structure necessarily
revokes the right to use the land for used cars sales. However, the
law on used car sales requires that the licensee provide "sanitation
facilities" for the.pUblic, and it does not permit the construction
of a new non - conforming structure.
It seems to me that the following action is appropriate.
1. Police to file complaint for violation of the building
ordinance requiring permit for any construction over $75.00.
'2. The Council consider the application for a building permit,
including relevant information such as the estimate of a
reliable building contractor on the cost of repair and
restoration as it relates to the zoning ordinance on non-
conforming structures.
Page 4.... "Frank's Used Cars ".
3. If you find that the law requires you to deny the -building
permit, then it would be appropriate to advise the owner
of the requirements of Chapter 50 concerning the demolition
of "Dangerous Buildings ", and advise him that the City will
handle demolition under the debris removal program'at no
cost to him if he consents.
4. If the owner fails to give the City permission to demolish,
the Admiministration will have to prepare the necessary
information, documents, to proceed under chapter 50 to re-
quire demolition.of;a "Dangerous Building."
In my judgment, the majority of the people of Fridley do not
approve of this operation and would expect the City to act to
remove it if a legal and proper procedure is available which would
accomplish that end.
I believe such legal and proper procedures have been placed
before you.
William J. Nee
MAYOR
N
W E L C O M E
to
• LEAGUE OF MINNESOTA MUNICIPALITIES
i
51st, ANNUAL CONVENTION
4.
Moorhead, Minnesota - June 16, 179 18, 1965
To the Mayor and Council:
We are just completing the program for the 51st annual convention
of the League of Minnesota Municipalities to be held at the Moor-
head East High School in Moorhead, June 16 -18, 1965.
Since the program we are arranging is designed to be of practical
use for all city and village.officials, as well as thought pro-
voking and forward - looking, we urge that you plan now to be well
represented at the meeting. Advance registration and housing forms
may be found in the April and May issues of MINNESOTA MUNICIPALITIES.
An outline of the program appears on the attached sheet. General
sessions, to be held on Wednesday and Friday mornings, will feature
speakers on new legislation affecting municipalities, state -local
cooperation in highway planning, intergovernmental relations, taxa-
tion, industrial development, adjustment of municipal boundaries
• and other topics of importance to municipal officials. Wednesday
afternoon will be devoted to a series of workshops on a number of
problems of municipal government. Thursday has been reserved for
population group meetings and functional association meetings.
We think you will be well entertained as well as informed at this
convention. During the buffet supper Wednesday evening a singer
and pianist will entertain diners and a dance at the FM Top of the
Mart will follow. The program for the annual banquet Thursday
night will include music during dinner, presentation of the C.C.
Ludwig Award plusan unusually entertaining speaker.
We look forward to seeing you in Moorhead, June 16 -18.
Sincerely yours,
Cn
Orville C. Peterson
Executive Secretary
May 19, 1965
OCP:1lb
Encl. 1
• LEAGUE OF MINNESOTA MUNICIPALITIES
314 Social Science Bldg., University of Minnesota
Minneapolis, Minnesota 55455
•
lu
0.
Tentative Convention Program LEAGUE OF MINNESOTA MUNICIPALITIES
Moorhead, Minnesota June 16- 17 -18, 1965
Registration for Wives, Host Officials, Legislators free.
1st Day - Wednesday, June 16 '
Morning: General Session
"New Legislation Affecting Municipalities" -- David J. Kennedy
"State -Local Cooperation in Highway Planning -- Impressions
from a New Highway Commissioner" -- John R. Jamieson
Noon: Luncheon: "Tasting the Marble Cake" -- Brooks Hays
Afternoon: Workshops: Urban Renewal
Speed Control Within Municipalities
New City Halls - How We Would Do It Again
Data Processing Demonstration
Fluoridation of Municipal Water Supply
Municipalities and the Economic Opportunity Act
Evening: Buffet - 7 :00 to 8:00 =- Dancing - 9:00
2nd Day - Thursday, June 17
Morning: Population Group Meetings:
Luncheon and P.M: Association Meetings:
Over 20,000
5,000- 20,000
Under 5,000
Assessors
Attorneys -
Building Officials
City Managers
Clerks
Finance Officers
Liquor Store Managers
Mayors and Councilmen
Planning Officials
Police Chiefs
Public Works
Evening: -Annual Banquet:
C. C. Ludwig Award
"Painting Haystacks" •• Arthur Secord
3rd Day Friday, June 18
Morning: General Session and Annual Business Meeting
"Municipal Policies Toward Fringe Development" •• Herbert Bingham
"The Municipal Role in Industrial Development" -- R. Q. Selby
Noon: Luncheon:
"Some Tax Impacts of Planning" -- Mabel Walker