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05/19/1975 - 5459PATRICIA RANSTROM COUNCIL SECRETA�Y REGULAR COUNCIL MEETING MAY 19, 1975 __ .. _. ._._ __ __ ._ __ . __. __ _ _ __._ _ �- , . � . �; . ' , ' ' � ' . ' � � 1 � �• � MIMUTES OF THE REGULAR MEETING OF THE.FRIDLEY CITY COUNCIL OF MAY 19, 1975 PAGE 1 The Regular Meeting of the Fridley City Council of May 19, 1975 was called to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee said the Council invited those present to join them in saying the Pledge of Allegiance to the Flag. ROL� CALL: MEMSERS PRESENT: Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee. �(Note: Councilwoman Kukowski was not present at the time of .•the Roll Call, but came in immediately after.) MEMBERS ABSENT: None. ADOPTION OF AGENDA: ' The City Manager said he would like to add consideration of an amendment to the City's Towing Contract with Shorty's Towing. ' MOTION by Councilman Starwa]t to adopt the agenda as amended with the addition of the Consideration of the amendment to the h�wing Contract. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye,•Mayor Nee declared the motion carried unanimously. . OPEN FORUM, VISITORS: MRS. LIDA ROBIDOUX, 6775 EAST RIVER ftOAD, REQUEST FQR FUNDING AID FOR RECREATIONAL PURPOSES FOR SENIOR CITIZENS: Mayor «ee said he had talked to Mrs. Robidoux and he called her forward to address the Council. Mrs. Robidoux explained th,�t the spokesman for the group to be Reverend Edwin Foote, 195 Satellite Lane. Reverend Foote addressed the Council and indicated that he had brought some materials for the Council review so the presentation could be brief. He explained that the funding for the Senior Citizen's Recreational programs would be cut soon and he requested the Council consider contributing to the Recreational.Activities of the Frid]ey Senior Cititens at budget time. Reverend Foote read the communication presented to the Council in explanation of the need and the request. � , Mayor Nee said if he understood�the pr�gram, the Senior Citizens take trips and conduct meetings, etc. Reverend Foote said this was correct. He said if any of the members of the Council would attend the meei:ings at Fridley Methodist Church, they wouTd see that this is a�ide program and wori.hwhile for the Senior Citizens. Mayor �lee asked what the current membership of the l�lub is. Reverend Foote said there were about 80 members. He added, there are many visitors to the meetings also. Mayor Nee asked if the request was for the City to contribute the funds that had • formerly been available through Title III. ' ' t Councilman Starwatt mentioned that he had attended.meetings of another group of Senior Citizens�and they were a lively capable group. He said he did not have enough back- ground to corrnnent at this time. Reverend Foote said the group asked that their request be given some consideration and he said they would be available to answer any questions before any decision Ts made.. Mayor Nee asked if the current funcling will be through on the first of July and Reverend Foote said he thought that it wouicl continue untii that time and there is the possibility of attempting to carry it through until the end of the year. Mayor Nee asked if the request was that this be considereci for 1976. Reverend Foote said if the city can - find the money in 1975, they would appreciate this. Councilroan StarwaTt said he did not think the Council would be this generous. He said ail of the City expenditures have to come froro somewhere. Reverend Foote said he understood this because Senior Citizens are more concerned about the economy than anyone. _ _. � � �� REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 2 Mayor Nee said he knew the peop�e in this group.and they had paid a great deal of money in tax dollars. He thought that they should get some share of what is put in. He said they were making the contribution and they are not getting the benefit. Ne mentioned that they do not have children in school and many of their children had attended schools in other areas. Councilman Starwalt said that each tax dollar spent would have to be added to the•tax levy. He asked.if this type of request could be taken from the recreation budget. , Reverend Foote said most of these people are grand parents and they have a great deal of interest in their grand children and the recreation facilities in the City. He � said they also thought that recreation should be handled to have programs for all age groups in the City. ' " Councilman Starwalt said the City budgeting is quite a process and it takes a great deal of hashing out. He mentioned that every department feels they need so many tax ' dollars: Reverend Foote said he was very aware of the budget procedure in dealing with finance. He said they were just asking for some consideration. The City Manager said the members of the group had shown their feelings to the Counc.il. He said the request would be worked in to the total budget process. He asked if some member of their group would be meeting with the I.rks and Recreation Commission. He pointed out that they were currently meeting in the next room. The City Manager said the request would be brought to the Council's attention at budget time. - MOTION by Councilwoman Kukowski to �ut this request int�� the budget process for consideration at that time. Seconded by Councilman Fitzpatrick. lipon a.voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager encouraged the Senior Citizens present to app.ear at the Parks and Recreation P1eeting. . Mayor Nee thanked the group for coming to the roeeting and Mrs. Robidoux thanked the Council for the consideration. The City Manager addressed the Council and indicated he would like to take a few minutes of the time alloted for the Visitor's section to recall the activities of the day due to a severe windstorm in the cort�nunity. He said the City Hall switchboard had been in operation until about 7:00 P.M. that evening. Ne directed anyone who wanted to reach City Hall, to call the Police Department. He mentioned that NSP and the Gas Company were working in the cortenunity to restore service where there had 6een wires down and gas leaks. He again mentioned if anyone wanted attention, they should call the Po1ice Department. OLG BUSINESS: ORDINANCE N0. 584 - ESTABLISHING FOR THE CITY l2l A The City Manager s_aid the administration had submitted to them in their agenda a copy of the ardinance that the Council had directed them to amend. He pointed out that one change would be that the Chairman of the individuai member commissions would be elected by its members and would sei°ve for the term of one year. He said this would give them the choice of electing every year. He further explained that the person who had beeri elected by the member commission to serve as their chairman would be the Planning Commission member from that member commissian. He suggested ttiat the Planning Commission elect their chair�nan just as the member commission would be doing. He said if the Council appointed the Chairman of the P�anning Commission with a total of six on_the com�nissioti, there is the concern that there is an even number of inembers on the Commission. He said traditionally, this system has not been followed. The Planning Commission has specific powers for hearings and this may cause potential problems. He continued to say that if the Council feels that this would be good on the member commission level, it could a�so be done on the Planning Commission level. Ne said this way the Planning Cor�rtission would be a five member•commission. He said if the Council feels that the work of the Chairman would be great, the Commission member would have the right to refuse the appointment with another nember taking over to carrying on the duties of chairman. . s � � c � � . 1M � � t ' ' REGULAR COUNCIL MEETING OF MAY 14, 1975 PAGE 3 He said there would be pros and cons both ways. He said this could potentially he7p in not creating problems. � . Councilman Fitzpatrick said he felt the Council was back where they had been previously and this would make the Chairman of the member commission the chairman of the Planning Commission. He again said this would be back to where they had been in the plans. He further stated that today, the Planning Corranission Chairman is not a chairman of a corrmission. He said he was thinking of the work load, and he related to this becausp he had been the Chairman of the Planning Commission. The City Manager said he knew what Cc�uncilman Fitzpatr9ck ment, but his suggestion wouTd give the person the choice.to take the Chairmanship. He said there would be five people to choose from instead of the limited Council appointment. He said the person i would have to be willing. He said he thought this to be a healthy compromise. Councilman Breider questioned what hearings the Planning Commission had. The City manager said they have hearings on rezoning. Councilman Breider asked how this could create any trouble. The City Managei^ said in a tie vote. Councilman Breider said this had �een brought up at the last meeting. He mentioned that the Commission had had a hard time getting together a quorum and he would rather face the problem of having a tie vote. The City Manager said this problem of a quorum had not existed to his knowledge. ' Councilman Fitzpatrick said he agreed with the City Manager. The City Manager said the members of the Planning Commission are very dedicated. Councilman Fitzpatrick said once in a while a member would just drop out and not continuel to come to the meetings. Councilman Fitzpatrick said he had been the Chairman of the Parks and Recreation Comrnission and also the Planning Commission Chairman and he knew that these were big , , jobs. He thought it would be to the Council's advantage to follow the plan where the Chairman of the Planning Commission did not chair another member commission. The City Manager said this would be a compromise proposal that would give a choice to the person. He mentioned thai ttie Chairman does enjoy certain authority. Councilman Breider said the worst thing that could happen is that something would come to the Council without a recomrnendation. . � The City Manager said he could see that when there are six members, some people would say that it should be seven. He said five members would be more manageable. He said tfiis could be tried and adjusted later. , Mayor Nee said he felt the tie voie thing is unconsequentail. He mentioned that any- thing that Cbse in the Plann�ing Commission vote wou]d be a conflict or problem anyway. He said that there had been some argument that this would give one subco�nittee a good position in the whole contest, but he saw it just the opposite from this. ' Mayor Nee said to the City Manager that he felt he wanted to set up the member co�nissions and pianning commission to have five, five member commissions. He thought the City . Manager felt this would be more nee�t. • ' ' , I � v ' � � � � The City Manager said this would not be his only consideration. He said he thought this concerned the manageability o�` the commissions. Councilman•Starwalt said he understood what the City Manayer was saying. He said he did not think six members on the Planning Commission would be a problem. He said they are all reasonable people. He sai�d he agreed with Councilman Fitzpatrick in the work- load aspect. He said six would have the advantage to decrease the work load. Mayor Nee explained that he had the feeling that F�e was not sure if he liked the idea of the Council imposing a chairman. •He commented that maybe the Council would want one representative in the package. Councilman Br�ider said he thought. that the Council may be loosing the point. He said the checks and balances in the sut�conunittee would be created by them having the vote. • He said the PTanning Commission Chairman would be the overseer and in his mind he would be more a moderator or negotiator. He siad he would not be concerned if the Council appointed the member, he would car•e if the person would do a good job as the chairman of the Planning Commission. Councilman Starwait said if someo��e whated to increase the membership of the Planning Comnission to seven, he would be ��pposed to this. He said maybe qoing to six would do this somewhat, but, he would nut agree to seven. . , RE6ULAR COUNCIL MEETING OF MAY 19, 1975. � PAGE 4 �� The Ciiy Manager said he thought he should mention that there may be some prablems in the future. The City Manager referred the Council's attention to page l-A of the agenda booklet and � pointed out there should be an amendment which would add under Vacancies "That the t Chairman may resign or be removed by a mojority vote of the Council". He also referred =- to page 1-6 and said this should be amended in Section 205.181, Subdivision 3, 6., � 1 and 2 where the "Uniform Building Code" is mentioned, it should be changed to the "State Building Code". � Mayor Nee asked where in the ordinance are the previous ordinances repealed? The � City Manager said a� the top of the ordinance in the title. Councilman Breider noted � that this is the portion where the repeal is mentioned. Mayor Nee said the title � would not control the repeal. The City Attorney said if the Council wanted to do this � in a separate section, the wording of the title should be repeated in the ordinance. � He suggested using Section 2 U.Ol. He said this would be a repeal provision and the ; language of the title would be repeated. He said the Chapters and Sections should � be listed as they are to be repealed and followed with the language "are hereby repealed." � MOTION by Councilman Breider to add "That the Chairman may resign or be remuved by a majority vote of the Council" on page 1-A in the Section 201.05 Vacancy. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ' MOTION by Councilman Starwalt to amend page 1-G to delete "Uniform Building Code" and insert "State Building Code". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to amend the proposed ordinance by the addition of the repealer provision which would read as follows: Section 217.Oi Repealer Provision Chapters #101, 121, 201, Sectiori 205.15 and Chapter #208 are hereby repealed.: Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Breider to waive the reading of the amended ordinance, adopt the amended ordinance on second reading and order publicatian. Seconded by Council- woman Kukowski. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Councilman fitzpatrick voting �ye, Mayor Nee voting aye, and Councilwoman Kukowski voting aye, �ayor Nee declared the motion carried unanimously. The City Manager asked if there was any desire on the part of the Council to fill any vacancies at the current meeting. He'said the necessary material had been provided to the Council. He said if it is not done at this time, it would have to be delayed until June. Mayor Nee questioned how far away the next meeting would be. He said he would like to discuss the method of appointment with the Council at the conference meeting before the appointments are made. The City Manager said there would not be a fourth Monday conference meeting because the con�ing Monday is Memorial 6ay. Councilwoman Kukowski questioned if the meeting could be held on the Tuesday following Memoridal Day. The City Manager said the Council could meet anytime they desired. Councilwoman Kukowski said the Administration would not have to prepare material for the Council. She said she thought they had everything they needed. ' Mayor Nee said he would also like to talk about the Mississippi River. He suggested setting a conference meeting. Councilman Breider suggested Wednesday, May 28, 1975. MOT10N by Councilwoman Kukowski to set the conference meeting of the Council for May 28, 1975. Seconded by Councilman Fitzpatrick. � Councilman Starwalt referred to the situation existing on the EQC and said not all of the present members can be reappointed. Ne said this is a problem. He mentioned he would like to appoint peopie to some of the other commissions if this would not be a problem. Ne said he would be willing to move on those. UPON A VOICE VOTE, all votin� a,ye, P1ayor Nee declared the motion carried unanimously, �� ' . ii � . i , i i ; i. i � , , � � � � i , � i ' � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 5 Mayor Nee commented that the people are now serving until the new members are appointed. Councilman Starwalt mentioned that in this case, there would not be an uMgency to appoint people at the present meeting. � Mayor Nee said this conference meeting would be held in the community room. The City Manager said there wouid be appointments made on June 2, 1975. Mayor Nee• said yes. . RECEIVING TNE MINUTES OF THE PLANNING CI)MMISSION MEETING Of MAY 7, 1975: EST FOR LOT SPLIT, L. S. #71-08, BY Cl.IFFORD THOE: TO SPLIT OFF EE7 OF 7HE SOUTHERLY 123 FEET, EXCEPT FOR THAT PART TAKEN FOR HI Mayor f�ee asked if Mr. Thoe was present and there was no response. Mavor Nee asked if the man had been notified that this would be considered by the Council and the Public Works Director said he had been notified. The Public Works Director said there was some problems in the zoning of the property. He mentioned that there is a service station and residential property on the_ same parcel. He said the request is to split the residentiai property from that that the service station is occupying. The'Public Works Director explained that this would create two parcels that did not meet the standards for residential or commercial. He mentioned the residential portion would only be 6,300 square feet. He also mentioned that if after the split, the house would be damaged more than 50%, it could not be repiaced. He said the commercial property would also be far below the minimum. The Public Works Director said the Planning Commission had taken this into consideration and had suggested that some other legal means be provided to solve the existing problem. Mr. Sobiech read the reasons for the Planning Commission recommending denial of the request from Page 2-C.of th�e agenda. The Public Works Director recommended that this property remain one larqe commercial site: Mayor Nee said the recommendation of the P]anning Commission was to deny the request. Councilman SiarwaTt said he agreeci with the Commission. He expla9ned that he had talked to the property owners involved and said the home is being used as a retirement home. Councilman Starvualt said the split does not really clear up the matter. MOTION by Councilman Starwalt to deny the request for the lot split by Mr. Clifford J. Thoe. Seconded by Coiancilman Fitzpatrick. , Councilman Breider asked if there was any Tegal ways to get around this. ?he City Attorney said he did not know what the problem was. He asked if one of the individuals owns the gas station +�nd the other residential property. Ne said one legal means would be to lease or rent the portion of the property which is residential. He said the propert;y could be purchased as an entire parcel. The , City Attorney said there should b� some method other than a lot split to accomplish what they are working on. , ' � ' , Councilwoman Kukowski said she would not want to deny the request right at the present time. She said she would rather have the problem worked with and have someone come back and inform the Council what is going on. Councilman Starwalt asked if the request is denied, would it be another six months before any further act.ion cou7d be taken on the lot split. Th.e Public Works Director said yes, this is true for variances and lot splits. 7he City Attorney said if he.would be any help in trying io work this out, he would meet with the property owner and the Public Works Director to come to some agreement. He added he would see� if a contract could be entered into. He also metioned that he did not think th�e lot split would be the answer. _ _ _ _ . . _ _ . _ _ REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 6 � Councilwoman Kukowski said she hoped that the City Attorney could get together with the property owners. The City Attorney said he would do this and see what could ' be accomplished. � . REQUEST FOR A SPECIAL USE PERMIT, SP #7503, BY ORVILLE JACOBSON, TO ALLOW THE •, CONSTRUCTION OF A SECOP�D ACCESSORY BUIL�I�G, A 2�' BY 24' GARt1GE ON THE SOUTH ' 100 FEET OF LOT 7, BLOCK 2, 6ROOKUIE6J SECOND ADDITION, PER FRIDLEY CITY CODE, MOTION by Councilman Breider to approve the Special Use Permit as recommended by the Planning Commission with the stipulatians suggested. Seconded by Council- woman Kukowski. 7he Public 4lorks Director said this was large lot on Brookview Drive and the applicant requested to move the existing garage to the rear of the property and build a two car garage in the front of the property. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. REZONING REOUEST . ZOA #75-03. CITY OF FRIDLEY: REZONE FROM M-2 (HEAVY INDUSTRIAL) � MOTION by Councilman Breider to set the Public Hearing for the rezoning request ZOA �75-03 for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST fOR TREE REMOVAL: ISLANDS OF PEACE: Mayor Nee explained that.this item was to be reviewed by the Parks and Recreation Commission. PLANNING COMMISSION REORGANIZATION STRUCTURE: There was no action needed on this item or the remainder of the discussion items in the minutes. • MOTION by Councilman Sreider to receive the minutes of the Planning Commission Meeting of May J, 1975. Seconded by Councilwoman Kukowski. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE "1I^1UTfS OF THE SOARD OF APP�ALS P1EETING OF MAY 13, 1975: A REQUEST FOR A VARIANCE OF SECTION 205.053, 4, 64, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD ADJOIfJIf•JG AN RTTACNED GARFlGE FROM THE REQUIRED 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE TO BE LOCATED ON LOT 7, BLOCK 8, DQNKAY'S LAKEUIEW I�IANOR ADDITION, THE SAh1E BEItJG 621-58TH AVENUE �d. E., FRIDLEY, . MINNESOTA y5432. REQIJEST BY t�R. THOhiAS CORBETT, 621 - 58TH AVENUE h1.E., The Public Works Director explained that the request is for a variance in the side t� yard set back from five feet to three�feet to allow the construction of an attached garage. The Public Works Director indicated that no objections had been voiced at the Board of Appeals Meeting. The Board of Appeals had recommended . approval of the request. Mayor Nee asked how close this construction would be from the adjecent home. The Public YJorks �irector answered, 10 feet. Mayor Nee asked if this would be on the � bedroom side and the Public Works Director said yes. • The Public Works Director said there was some concern over the existinq fence and ' the applicant said that this would not be disturbed. The Public Works Director asked if Mr. Corbett was present and he responded. ' Mayor Nee as.ked if the next door neighbor would be building a garage. Mr. Corbett , said if this was done, it would be constructed on the east side also which would � be on the other side of the house from his home. , , MOTION by Councilwoman Kukowski to approve the variance as recommended by the , Board of Appeals. Seconded by Councilman Starwalt. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. \.-�. . . , , !. REGULAR CQllNCIL MEETING OF MAY 19, 1975. � PAGE 7 There was no action needed at the present time. Mayor Nee said there would be no Council action on this item at the present time. 'The Public Works Director iisted t'he variances and exp7ained that the first three were for the addition that is being proposed and the remainder are those that are housekeeping variances on what is existing. • The Public Works Director asked if the parking on the side of the building would be employee parking stalls and Mr. Ryan said this would be over flow parking . which is normally not used. ' The City Manager asked if this wo�Td be the end of the additions t� the building. The City Manager further stated that this is about the limit to the possible expansion. He also said that ther�e should be some landscaping to the west and north to improve the area. , Councilwoman Kukowski asked where the refuse would be stored. She asked if this wouid be on the City Hall side of the buiiding. 0 REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 8 Mr. Ryan explained that there would be a jog in the back of the building where the refuse will be stored behind screening. Councilwoman Kukowski asked if. the large drum would be removed. Mr. Ryan said yes, this is too large to be stored behind the screening. MOTION by Councilman Breider to approve the variances as requested by Mr. Ryan for 6389 University Avenue to allow the construction af an addition and also the approval of the variances which bring the existing building into compliance with the Code. Seconded by Councilwoman Kukowski. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive�the minutes of the Board of Appeals Meeting". of May 13> 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor tdee declared the motion carried unanimously. RECEIVING THE t�INUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCO�MITTEE MEETING OF MAY 14, 1975: IDERATIQN OF A REOUEST FOR AN ADDITION TO THE SERVICE GARAGE LOCATED AT The Public Works Director said the face of the building,would be extended to cover the multi level effect �hat is seen at the present time. MOTION by Councilman areider to approve the building request by Dr. Ryan's Automotive Clinic, 6389 University Avenue with the stipulations recommended by the Subcor�nittee. Seconded by Councilman Starwalt. Mayor Nee asked the applicant if he was aware of the stipulations and in agreement with them. Mr. Ryan said he agreed with the stipulations. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Starards Design Control Subcommittee meeting of May 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONP4ENTAL QUALITY COMMISSION MEETING OF APRIL 29, 1975: M07ION by Councilman Breider to receive the minutes of the Environmenial Quality Commission meeting of April 29, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee said there is an item within the minutes that he would like to have brought on at the Conference meeting of the Council. He listed this item as establisqing liaison between the City of Fridley and the Cities of Coon Rapids and Blaine in regard to the watershed into North Park. He said he would like some thoughts prepared on this. The City Manager said the staff is working on some plans and he would alert the Council on what could be done to improve the quality of the water. He said there is not too much that can be said about the quantity, but the City could take steps to control the quality. RECEIVING TNE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING Of APRIL 28, 1975: MOTIdN by Councilwoman Kukowski to receive the minutes of the Parks and Recreation Co�nission meeting of April 29, 1975. Seconded by Councilman Starwalt. Councilman Starwalt questioned what would be done with the Soccer concern: The City Manager said the City had provided some facilities. He said this would have to be brought to the attention of the School Boards. Mayor Nee said the City is offering two sites. Mayor Nee questianed the City's involvement in building concrete sidewalks for the Horseshoe League. There was some discus'sion concerning this item and Mayor Nee directed the Administration to clarify the action being taken. . ;�. ' , � � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 9' UPON A VOICE VOTE, all voting aye> Mayc�r Nee declared the motion carried unanimously. PETITION N0. 9-1975 REQUESTIN(a A STOP SIGN AT BENJAMIN AND^F � MOTION by Councilman Starwalt to recei�ve Petition No. 9-1975 requesting a stop sign at Benjamin and Ferridale to Control fdorthbound Traffic on Benjamin instead of 61st Avenue and Benjamin, as approved at the May 5, 1975 Council meeting. Seconded by Councilwoman Kukowski. . � ' 1 � Councilman Starwalt said he thought that the entire area should be looked for the complete problems. He said this sign may be required, but he would not want to take the action until the Council reviewed the survey of the entire area. The City Manager said he wanted to bring to the Council's attention that the other sign which had been approved by the Council had not been installed. He said this was for 61st Avenue and 8enjamin Street. He said there is a study being conducted, and no action would be taken until the completion of this study. He said he would try to ge' this report to the Council by the coming regular meeting. RECEIVING TRAFFIC STUDY, ONAWAY ADDITION AREA (REQUEST BY DICK HARRIS): MOTION by Councilman Breider to recieve and concur in the study presented by the Administration concerning the iraffic study on Onaway Addition. Seconded by Council- man Fitzpatrick. � Councilman Breider said he believed t.he action took care of the converns that Mr. Harris had on 79th and Main. He said it also corrected the two way stop on 71st. He said he concurred in the re�commendation. The City Manager said he felt the aci:ion would handle the problems of the area currently. Ne mentioned that as the area develops, there may be a need for addtional review. . Mayor Nee said he was surprised at tlhe amount of traffic in the area. UPON A VOICE VOTE, ail voting aye, Ma�+or Nee declared the motion carried unanimously. N N0. 72-1975 - ORDERING IMPROVEMENT, APPROVAL OF P�ANS AND ORD The City Manager explained tfiat this project would provide utilities in the plat west of Benjamin Si:reet. Mayor Nee asked if the project had been petitioned by the property owner. , The City Manager said it had been. MOTION by Councilwoman Kukowski to �adopt Resolution No. 72-1975, ordering improvement, approval of plans and ordering advertisement for bids: Water, Sanitary Sewer and Storm Sewer Improvement Project #117. Seconded by Councilman Starwalt. Upon a voice vote,. all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF A RESOLUTION REGAR,DING VANDALISP4 IN CITY PARKS AND ON SCHOOL PROPERTY: The City Manager said this resolution had been submitted.by a request from the City of Columbia Heights who had passed the resolution submitted to the Council in their agenda. He said they are currentl�r asking the City of Fridley to pass a similar resolution which would request the juvenile judge as a part of punishment to assist the City Parks and Recreation Depai^tment to do some work to correct some damage. He said it is their feeling that tl�is will decrease the amount of damage done. Councilman Bredier said he saw the purpose of the proposed ordinance. He said.this has been tried in other communities and he had hear that it did work quite well. He mentioned that if the judge would make the juvenile repair the damage, it make them more aware of the extent of the damage done and decrease this vandalism. Councilman Breider said he thought this to be a good idea. Councilwoman Kukowski said she thcrught this to be a good idea. Councilman Fitzpatrick said he haci some reservations about this action. He said . he did not know what kind of supervision this action would take. 0 REGULAR COUNCIL MEETING OF MAY 19, 1975 He questioned if this would be under the direction of the school officials or the Parks and Recreation Director. PAGE 10 Mayor Nee questioned if the park supervisor wauld havQ to carry a shotgun. Council- man Fitzpatrick repeated that he had some reservations about the requested action. Ne said this kind of action has been available to the judges in the past. Councilwoman Kukowski said maybe the judges need community support to take this type of action. She mentioned that the adoption of the resolution would only urge the judges to take this type of action. Councilman Fitzpatrick said he could see why they were not doing this, they did not have complete freedom of placing an offender under supervision in these area. The City Attorney said in principle, he would have no objections to the adoption of the resolution. He said it is a recommendation to urge judges to take this type of action. He did not believe the judges would be offended by this recommendation. He commented that either they will think the recommendation is a good one and will follow it, or they will not. The Cit Aitorney said he could see the point that Councilman Fitzpatrick was making. He said if this would be done, the person would be put on probation with the fine suspended and ordered to complete the work. He mentioned that the juvenile office and probation people may monitor this type of thing. He said being this was only a recormnendation, he did not think it would hurt anything and the judges would not be offended. • Mr. James Hill, Public Safety Director said he did not have anything to do with the current matter, but he had heard that this is being done in other areas and that it was a good system. He thougnt that this type af action would be directed at the first time offender. Fie tnought that it would make a great impact on the violator if he had to correct the damage done. 4e said this would make them aware of the damage 'and the work it takes to repair. Councilwoman Kukowski asked if the City of Fridley had a juvenile officer in the Police Department. Mr. Hill said no. He said the City does not operate with this type of specialist. He explained that the current trend and theory would be to have all of the officers capable of handling this type of situation with a more generalized department. He felt it would be danerous to appoint one person to this type of area because the other officers would feel that they do not have to cater to the juveniles. They may feel that the juvenile officer should handle these problems. Councilman Fitzpatrick said he had reservations. He felt that the people in the � City's and School's were not prepared to take care of the parole... Mayor Nee asked if the Park Department had been questioned on how they feel abaut this rpoposal. The City Manager said that there had been support of the proposal from the Public Works Department and the Parks Department. He said if the Council has some reservations, it would be possible to double check in to the various concerns and bring the matter back for a reco�nendation at a later meeting. The City Manager said this would only be a recommendation and the judges would excercise their authority the way that they see fit. � � • Mayor Nee asked if this should be directed through some community system. Councilman Fitzpatrick�said it may be directed to the Community School program. Councilman Breider said he did not thiak the matter would concern the hard core offender. He thought they were talking about someone in the park one day who does some breakage. He said if this were a juvenile, this action would direct them to work in the�Parks for two to three weeks restoring damage done by vandalism. Mayor Nee said if a body did some damage to a fence or bridge jn Locke Park, would he be made to repair the damage. Councilman Breider said he did not feel that this was directed to the point that he would have to repair that particular damage, he would work. to correct any damage done by other people. Mayor Nee said he felt if there were reservations on the part of the Council that this item should be brought back. ��--� I ' 1� , � , , � REGULAR CqUNCIL MEETING OF MAY 19, 1975 PAGE 11 � Councilman Fitzpatrick said he was not concerned about the hard core offender, he � was referring to the first time offender. He said the judges have the authority � to excercise this type of punishment at the present time. � The City Manager said the resolution would only bring this to his attention. Mayor Nee asked if the City was prepared to ia{;e care of this supervision. Councilman . firtzpatrick said this would also include the schoo]s. Councilwoman Kukowski said the school receives thousands of dollars in damage and ' there is an amount set aside in the budget to take care of this repair. She questioned if this portion of the budget would be reduced by the adoption of this type of policy. She said if the schools are asked, they may want to go along with this type of policy. I . ' � Councilman Fitzpatrick said this would riot reduce the budget for vandalism. Mayor Nee said he did not feel very deeply one way or another on this proposal. CounGilman Starwalt asked if the resolution should be amended to include some type of language such as the following: "The City will :ooperate with such a program provided the judges feel it �aould be of benefit in a particular case". The City Attorney suggeste� that someone check with the juvenile court authoritzes and determine how they would feel abnut. such a proposal and how it would be implemented. He said this would be better done through the juvenile authorities and the City. MOTION by Council Breider to table the consideration for the resolution until the first meeting in June, June 2nd to allow the admin�stration to check with the juvenile authorities and the schools for their thoughts on this proposal. Seconded by Councilwoman Kukowski. Upon a voioe vote, all voting aye, Mayor Nee declared the motion onrthearuown�behal�: Counci.lman Starwalt felt that the schools should present a resotution APPOINTMENT: CITY EMPLOYEE: ' � NAME: Posit�on Salar Effective Date � David J. Keding Probationary $830 lst 5 mos Sept. 30, 1974 Police Officer $880 6 mos to present MOTION by Councilman Breider to concur in the appointment of David �. Keding as a 1 probationary Police Officer as recommended by the Administration. Seconded by Councilman Starwalt for discussion purposes. L) � 1 � � � . Councilwoman Kukowski mentioned that she did not understand the intent of the recomnendation form the Public Safety Director. She asked if there was.a current opening. � Mr. Hill, Public Safety Director, addressed the Council and said ihere is an opening budgeted wfiich was created by the re�tiring Police Chief. He s�id this vacancy was noi filled because of a legal matter pending. Councilwoman Kukowski asked if anyone wouid be laid off because of this action. Mr. Hill said no one would be laid off unless this was done by separate action by the Council. Councilman Starwalt questioned the hiring of the Officec�aadthisewouldhhaveuto 6eve fio be paid retroactive from Septembe�r, 1974. Mr. Hi]l done retroactive back to September :f0, 1974, because this was the decision of the Department of `Jeterans Affairs. Councilman Fitzpatrick asked what tl�e difference in ttie amount the employee was making as a technician is and the airoount of compensation he was to receive. The Public Safety Director said this would be in the amount of �1,300.00. He said,there would also be some rebate from social security and the pension systems. He said the difference in the two plans would have to be paid. Councilman Starwalt expressed the t:hought that it upsets him when a higher authority makes a ruling that costs the City money. Councilman Starwalt said he had no quarrel with the person, but the City had•gone to great ]engihs to accept him to the current position, and this is �vhy he was �vith the City at the current time. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 12 Mr. Hill said the City had hired the applicant as a technician because he was a veteran and coming out of service. P1r. Hill said this was a technical point and the applicant felt he was entitled to the job under the veterans preference laws. He said he was not happy with the ruling, not because of the man, but he did not agree with the law. He continued to say this was especially because the law has been repealed since that time. Councilman Starwalt said he questioned paying a person for work not performed. Councilman Starwalt said he felt the Office of Veterans Affairs did not understand the matter. He asked what the City`s position would be if the man was hired and not paid the retroactive back pay. Mr. Hill commented that this would violate the order without a formal appeal. The City Attorney said the City's choices would be to comply or appeal. The Public Safety Director said the City should have read him the entire law at the time he was hired to the technician position. Councilman ':tarwalt asked what the cost of an appeal would be. The Ci�y Attorney siad he would estimate this cost at from $1,000 to $1,500. Mr. Hill stated that he felt as Councilman Starwalt, but he questioned the appeal process in this case. because nothing would be gained by it since the laiv has already been repealed. The Public Safety Director explained that the man is potentially a good police officer and this consideration should not be directed at his potential. He explained to the Council, that he had excercised his rights and seek this action. Councilman Starwalt asked if the law had been repealed, why was the City having a problem. Mr. Hill explained that the law was in effect at the time of hiring and had been repealed after this time. He said they would have to comply with the law that was in effect at that time. Mr. Hill further pointed out that the applicant feels that he did not waive his rights as a veteran. Councilman Starwalt mentioned that the applicant did not meet the requirements at the time he was hired as a technician. Mr. Hill said at that time, they were in the process of setting up the team system and were looking for experienced officers to balance the teams. ' � UPON A VOICE V�TE, a11 voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: . GENERAL 39970 - 39999 + 9790 - 9816 + 9841 •- 9911 LIQUOR 9817 - 9929 + 9912 - 9929 . MOTION by Councilman Starwalt to approve the claims. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. LICENSES: � BLACKTOPPING APPROVED BY Pioneer Blacktop Inc. 7608 - 68th Avenue North Brooklyn Park, hiN 55428 By: Arthur Scherber ° D. Clark RENEWAL Frank's Excavating Company 3924 Douglas Orive Minneapolis, MN 55428 . Ted Renollett .927 Andover Boulevard N.E. � Anoka, MN 55303 '�.—� . By: Frank Gaulke 8y: Ted Renollett D. Clark RENEWA4 D. Clark RENEWAL 0 � � } 5 � z i � �; � x � ' , , % € � ! , n i . __._ _ _ _ _ _ -_.. __. RE6ULAR COUNCIL MEETING OF MAY 19, 1975. � LICENSES (CONT.): GENERAL CONTRACTOR Amgrid Development Inc. 1690 Silver Lake Road New Brighton, MN 55112 By: Norman Dalberg Brickner Builders, Inc. 6245 Ben More Drive N.E. Fridley, MN 55432 By: Tom Brickner Daco Contractors 8701 Jefferson Street N.E. Minneapolis, MN 55434 By: Frank D'Aigle Dailey Homes, Inc. 8510 Central Avenue BTaine, MN 55434 By: How�ard Thorson Richard Hastings Co. 6331 Riverview Terrace N.E. Fridley, MN 55432 ' By: Ric:hard Nastings Walter Maciaszek - 11-62 1/2 Way N.E. � Fridley, t4N 55432 By: Waiter Maciaszek Pools Inc. 229 West 60th Street Minneapolis, MN 55419 By: Wa.yne Swanson Ryan's Construction Co. 6384 University Avenue N.E. Fridley, MN 55432 By: Thomas F. Ryan Rutledge Construction Co. 1409 South 7th Street Hopkins, MN 55343 By: Tam Rutledge : HEATING Bostrom Sheet Metal Works Inc. � ' 785 Curfew St. Pau], MN 55114 By: A. Pavlicek MASONRY Crete-Wood Construction, Inc. 1705 Raddison Road N.E. Blaine, MN 55434 By: F'red Rehbein Norsk Concrete Construction, Inc. 4650 Johnson Street N.E. Minneapolis, MN 55421 By: :lames Jackson SIGN ERECTORS Nordquist Sign Company, Inc. . 312 West Lake Street Minneapolis, MN 55408 By: Richard Nordquist SWIMMING POOLS-PUBLIC Lucia Lane Apartments 6680 Lucia Lane N.E. Fridley, MN 55432 By: Timothy Eide Georgetown Court Apartments 5750 East River Road N.E. Fridiey, MN 55432 By: M. Filister PAGE 13 APPROVED BY D. Clark NEW D. Clark RENEWRL D. Clark NEW D. Clark RENEWAL D. Clark RENEWAL D. Clark RENEWAL D. Clark NEW D. Clark NEW D. Clark RENEWAL W. Sandin RENEWAL D. Clark • RENEWAL D. Clark NEW . D. Clark RENElJAL S. Olson .S. Olson RENEWAL RENEWAL REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 14 MOTION by Councilman Starwalt to approve the licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion car.ried unanimausly. ESTIMATES: American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 FINAL ESTIMA7E N0. 4 for Water, Sanitary Sewer and Storm Sewer Project No. 116 . $10,654.62 Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL ESTIMATE N0. 5 for furnishing resident inspection and resident supervision for Water, Sanitary Sewer & Strom Sewer Improvement Project No. 116 from March 31 1975 through April 26, 1975 $ �'825'82 Mr. Carl J. Newquist Smith,, Juster & Feikema - Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 Prosecution work during the month af April, 1975 $ 1,345.00 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 Services Rendered for City Attorney for April $ 1,497.00 MOTION by Councilman Breider to approve the Estimates with the Addition of the Estimate Submitted by 4Jeaver, Talle and Herrick in the amount of $1,497.00. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: TO CITY ATTORNEY FROM ATTORNEY GENERAL: SPECIAL ASSESShiENTS: MOTION by Councilman Breider to receive the cor�nunication• from the Attorney G�neral, addressed to the City Attorney dated May 12, 1975. Seconded by Councilwoman Kukowski. Councilman Starwalt mentioned that Mr. Robert Erickson was present at the meeting and questioned if he had knowledge of the content of the letter. The City Attorney said it was his impression from the letter that the City would have to act on the portion of the improvements not completed or release the pending assessments. The Cit,y Attorney further commented that the Administration had not done anything'on this matter since the last time this had been discussed by the Council. - He mentioned the letter had beeri submitted to the Council so they would be aware of ' . the information. Mayor Nee asked if the letter called for response. ihe City Attorney said he had thought this would be for information purposes and no response would be necessary. He mentioned that the City could not hold on to the pending fund for an unreasonable amount of time. The City Attorney said the City has been requiring escrow monies from developers within the City and there was no problem with this practice. He said this dealt with a separate situation involving individual property owners. He mentioned that this would relate to the residents in Mr. Erickson's area. � The City Attorney explained that when a property is sold in this area, the lending company will require that the storm sewer escrow be deposited. He siad this information is obtained in the assessments searches and exists as a pending assessment. He said this required excrow amount will range from 100% t� 1501 of the pending assessment. ,`--� Mr. Erickson, 5950 Benjamin Street N.E., addressed the Council and indicated that _ _ _. _ _ _ _ _ _ _ . _ _ ---_ _-- - ._ . _ ._._ _ . REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE }5 the price paid for his house had reflected the amount that had been paid for the pending assessments by the previous owner. He m�entioned that he thought the system would.be constructed since the City had a plan and he had accepted this at the time to be no problem. He said if the money would be released, it wouid go to the former owner of the property and they would be out that much which had been included in the purchase price with no im.P rovement instalied. Mr. Erickson said he fe]t it was the City's res- ponsibility to carry out the plans that were on the books three to four years ago. The City Manager said the former owner was claiming the escrow amount. He said this agreement was between the two different individuals. Mr. Erickson said the money had been escrowed with Farmers and Mechanics Bank. Mayor Nee questioned if real plans had t�een drawn for this area and the City Manager said yes. The City Manager stated that the City Council had stated that the area was noi ready for these assessments and the project was delayed. He said the cost of the improvements is increasing every year and they would be from 45% to 55% more than they would. have been two years previously. Ne said now they are facing the same problems. He questioned if the City shc�uld retain the pending assessments or release them. He said if they are not pending <�ssessments, they should be released. Mayor Nee rc 'erred to the communication in the agenda from Assistant Attorney General, Michael R. Galiagher, and note�d that there is a statement in the ]etter that there are no plans and specifications filed. The City Attorney said this is in= correct in the letter. Mayor Nee asked if it would be a material consideration if there.were plans and specifications. The City Manager said the burden is on the City and he had pointed out this to the Council at the last two meetings. He quesiioned what would be done and said the burden is on the City Council. Mayor Nee asked if there are drawn plan�s and specs. The City Manager said the City does have a proposal. Mayor Nee a.sked if the City was going to build the proposal? Councilman Starwalt said the City had a public hearing with plans some time back. He mentioned that then and now the majarity of the people do not want to be assessed. Mayor Nee said they had been talking at>out three options for the types of 9mprove- ments and the letter says there are not adopted plans and specs. The City Manager said there were plans and the figures for the plans were figured in 1970 or 1971 and the costs would not be the same today. He said the project would have to be reduced or a public hear9ng would have to be c,�lled to advise the people how this would be piped. The City Manager said the Council could order the whole plan, but what would be done about the assessments. •The City Manager said certain assessments Could be levied, or the area could be left alone. He said the Council had had a public hearing on the matter and ihe peopie did not want this 1eve1 of improvement and denied the improvement. , Mayor Nee asked if the plan for the c�.�l de sac had been aba��rcReni?' The City Manager said the Council had not taken action. P1ayor Nee said as it stands now, there: are plans somewhere. Mayor Nee said the City is acquiring land somewhere. 1'he City Manager responded that the City has dedicated street right of way. Mayor Nee questioned the ownership of the tax forfeit lots. He again question if there was some plan or documentation that said the City was going to do this? NCayor Nee asked if the Council had some direction from the Administration on this? He asked if there was a plan for the street. He asked if there was a plan with the drawing of the pipe line. He asked if there was a plan with some lots and � a cul de sac in the area. 7he City Manager said the Council adopted the plat. Mayor Nee asked what plat. The Public Works Director said this was the plat in the area of Hill Drive. He said there are four lots and a 30 foot roadway. ' Councilman Breider questioned if the case would be that the person platting the property had come to the City and been told that the easement may be needed for street some time in the future, so it was included in the plat. The Public Works Director . said yes. � REGULAR COUNCIL MEETING Of MAY 19, 1975 � _ _ PAGE 16 Councilman Breider said this is only one half of a roadway easement and the Public Works Director said yes. ; Mayor Nee said there is no plan that would relate to the area showing a pipeline. The Public Works Director said no; there is no plan. Mayor Nee asked if the City was pushing this development, or was someone else. Councilman Starwalt said he hoped the City was not pushing this plan. He said he had been telling the people of the area that someone had come in years ago and the ease- ment was dedicated. Mayor Nee questioned if the Council could make a decision at this time saying they would not apprave a plat which would split the property? The City Manager said �he Council could do this, but some other Council may say something different. Mayor Nee asked if the road is approved, wou1d it extend all the way. The City Manager said no, they were not saying there has to be a cul de sac. Mayor PJee said if the pipe is not laid all the vray, the plan would not indicate the improvement and it would not be developed. Mayor Nee a.sked if the City had drawn the pipe in the �lan so this area would develop. The City Manager responded that three years ago the City had proposed a plan so that the property cauld develop. He said a plan could be drawn where all of the property would develop. lie said the Council could say they do not want to encourage the plan. , • Councilman Breider said he believed the back lot's have to be 30 feet deep. He questioned how anyone would be able to develop the hole. Councilman Starwalt recalled that people had said this about "Peck's Woods" 20 years ago. Counciln�an Breider said some lots in Innsbruck North wi11 never be developed. The City Manager said the Council would have to decide this. Mayor Nee asked how this could be done. He again questioned if there was a plan. He stated if there is a plan, it could be repealed. The City Manager said there is a plan and the Council could eliminate the plan the Council adopted three years ago. The City Attorney said when the City Manager said there was a plan, he meant that the plans and specifications were ordered and it went' out to bid. He said at that time, the City Council only ordered part of the work. He said the Engineer filed plans and specifications on the project and when this is ordered this becomes a pending assessment. He said when the Council ordered the plan and the pending assessments exist the City Council anly ordered a por.tion of the improvement and said they did not want to go ahead with this protion. He said the final plan should be repealed and this would terminate the pending assessments. � Mayor Nee said the Administration is talking about a pipe plan and he was talking about a development �ilan. He said he had asked and no one knows. He asked if this portion of the deve1opment that exists is a small portion of land that someone dedicated for a roadway. He said he was asking where is the plan so the Cit�! can lay pipe this way or another way. The City Attorney said he did not think there is a specific plan. The City Manager said if the Mayor was looking for a plan he could show him one. Mayor Nee asked if there is a plan. The City Manager said he could show him. He � said this would be the drainage plan, etc. Ne said if the Council did not want to drain the area, they could leave the area as it is. Ne said the Council establishes the level of service in the area. . Mayor Nee said it appeared to him that the City has an internal plan to develop this property. He said this is a plan of the City's own choice. Mayor Nee said.he did not want the City Manager to tell him about the plan, he wanted him to show him the plan. • Mr. Robert Erickson said the people of the area have no desire to split the property. He said the man who owns Lots two and three is trying to buy lot one.. He said the City should sell the property ta the area property owners and get out of the area and not worry about development. Ne stated that the people of the area would like to buy the property and get them back on the tax rolls. � �--� Mayor Nee asked if the City owned tax forfeit property in this area. The City Manager � � RE6ULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 17 , said a11 he is saying is the City should leave the pending assessments as they � t are or eliminate them. Ne said once the;y are eliminated, the City would not be able to do anything in this area. Ne said they would have to cail the people of i the area and determine the level of service. ., � � � , Mayor Nee said he felt this was changing the subject. He asked if there was a plan that would pick up drainage at some time in the future for the cul de sac. He pointed out that area to be on the map where the "E" in Van Cleve. He said isn't this what had been provided to the people? He said the plan was approved and escrow monies were collected on the proposed assessments. The City tdanager said yes. Mayor Nee said the City Manager had said there•will be five lots, and was saying ti�at this would not happen. He also referred to the other plan proposed which would go down the boulevard and said this would cost $20,000. The City Manager said if the Council feels that they want to do this, who would be assessed? He asked how many people vrould benefit? Mr. Robert Erickson said all of the lot, are in the drainage district and they are a]1 listed for pending assessments. Mayor Nee said this is a different development. He said they could assess those in the area.of the "I" in "Addition". I-le eontinued to site several examples. _ � The City Manager said the Council could approve those benefiting. He said the Council can determine what area will benefit. He said the Council would sti17 have to call ' in the people, they could not just talk to the three to four people that they had talked ' to the past weeks. He said the pending assessments eould be eliminated. Ne said if . 1 the Counc�l wanted something to take care of the dra�nage problem, the Administration could provide six plans. He said if so directed, they would do it. Councilman Breider said he did not unde�rstand the agreement on Mr. Erickson's home. ' He.said questioned the right to collect; the assessments of they are not put in. The City Attorney said he did not want to get into the private contract. He said the City is not hoiding the money, it ;is being held by the Mortage Company. He again stated, he would not want to get into wheiher the former or present owner is entitled to the escrowed money. He questioned -if this would have happened if the contract would ' have been researched by the buyer. Mr. Erickson reponded that the normal terms of home buying agreements is that the seller wi]1 pay all of the pending assessments. fie said he was under the impression that the City was to go ahead with the plan. He said if the plan wou7d be abandoned, the former owner will get the money back. The City Attorney referred to the question on the obligation on the part of the City. Ne explained that up until the time after the public hearing, the City would be able to determine what would be included in an improvement. . Councilman Breider said P1r. Erickson w�as at the meetings asking the City to do some- thing. He said the people of the area do not want the expensivE piping of the drainage, they are happy with the way that it is. Mayor Nee said the people are happy d�imping their water on Mr. Erickson's property. Councilman Breider said Mr. Erickson -is not happy with this. Councilman Breider said Mr. Erickson is not happy with this. Councilman areider said he was not prepared to vote for thousands of dollars of pipe evith the objections of everyone but Mr. Erickson. Councilman Breider said if they were �referring to the mortgage company, they would giving the money back to the former owner. ��ouncilman Breider said Mr. Erickson is pursuring a law suit and the damage suit, would be considerably more than the escrow money. Councilman Starwalt said he would like to receive the letter from the Attorney General� office and tabie any action the consideration of the matter until the . Council receives the report from the Administration. The City Attorney said he did not think this wouTd accompTish much. He said if there , had not been plans and specifications there would not be pending assessments in the first place., He said it would be possible to write to Mr. Gallagher on the mistated ; _ facts. He said if the City has plans, and specifications, what are they going to do with them. He said if anything woulcl be done, this would have to be the plan adopted before. . • REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 18 The City Attorney said if anything else is done, they would have to start over. Councilman Breider recalled they had been talking about a plan. He said he did not recall this plan. He said they had also talked about an agreement to collect escrow He asked what had been approved. The City Manager said this was picking up the water and putting it into the existing system on 60th and Oakwood Manor. He said this is a plan the City Council had approved and then agreed not to do the work. He Said if the plan is used, it would cost the people more than the amount escro�ved_and the assessments would be at a higher level. He said he would recommend that the Council hold a hearing. Councilman 6reider asked if this was a. preliminary plan or a final plan. The City Manager said this would be a final plan, this is why there are pending assessments. He said no matter what is done, the City Council would have to have a public hearing to determine what level of system to prepare for the neighborhood. Mr. Erickson said the lastfiye people that had purchased property in the area had escrowed money for this improvement. He said this would cover at least 30i of the cost and it �s in escrow at the present time. Mr. Erickson said all of the people would not want to be assessed, but he sited the law that public drainage could not be directed to private land. He questioned if the area people's objections would be valid when their water is drainino onto private land. He said the City Council has some obliqation to take care of this. Councilman Starwalt said he did not feel that this was going to be solved at the current meeting. He said he felt the possiblity of escrowing money for some future development to be a good suggestion. He said if the City is in jeopardy in this practice, he would like to find out about it. Councilman Starwalt said he felt that the majority of the people were not in favor of it. Counci7man Starwalt said he did not oppose the pending assessment process. Mayor Nee asked Councilman, Starwalt if he thought the area rnight develop. Councilman Starwalt said from what he had seen in the last 15 years, he thought that it might. Mr. Erickson said what the Council was expecting him to do was to put up�with the situation with the water until or if this "might" come up. He questioned if anyone should have to put up with ihis on someone's hunch for the future. Councilman Starwalt stated Mr. Erickson had bought the property. Mr. Erickson commented that he had bou9ht the property wiih the assumption tt�at the City would be putting in the storm sewer since there �vas a pending assessment. Councilman Fitzpatrick said Mr. Erickson had paid for this assessinent in the purchase price of his home. The City Attorney advised Mr. Erickson that the assessments become pending aft�r the public hearing, but this does not mean the plan is going to be implemented. Councilman Starwalt interpreted this as the City can keep the situation as it is, . if it would like to. Mr. Erickson said if the City had gone ahead with his proposal at the time he proposed it, it would have cost $10,000. He said at that time, the City said there had to be another plan because of the development that would be coming into the area. He said the City had said that more of the property owners would plan on developing their property. He questioned who plans to do this. - The City Manager said there are no pending assessments, this is escrow and this is different. He said this is the only area where there were pending assessments and the City had decided to not do the project. The City Manager said the City had only talked to three to four people concerning the improvement. He said there should be some re-study on the question arid the people should be called in. He commerrted that he had yet to see the majority of the people vote in favor of a storm sewer, it is always on the people on the bottom of the hill, the peonle at the top say that th�y paid more money for the higher property. He said he would strongl.y urge the Council to ca}} the people in for a public hearing. The City P�tanager asked if the Council would vote on receiving the communication. He also mentioned that there should be some action concerning P4r. Erickson's property. He suggested calling the people in and giving different levels of sewer proposais. �� - . . � _ ; . � II � � � , � � REGULAR COUNCIL MEETING OF MAY 19, 197Ei PAGE i9 The City Attorney questioned, other th��n what type of system, He said there is no question that the City is damaging Mr. Erickson's property by co]lecting and dis- charging storm drainage onto his prope�rty. He said.this could be taken care of without taking care of the long term storm sew�ar solution. He said he did not think there was any question that the City has the right to discharge water into other areas because this is doing undue damage to I�is property. He said the last time the Council had dicussed this matter. They had sug��ested a short term solution to the problem until the City is ready to assess the �eople for the complete improvement. Councilman Starwalt said the City is going to receive a recommendation from the staff. He said he thought the berming on Gardena would help considerably. He said they had not received the plans and cost figures for this proposal. Councilman Starwalt said he had seen the letter and knew that the City Attorney had to answer it. The City Attorney said he did not have to answer the letter. Mayor Nee said if the Council does not order the improvement, the escrow money wouid have to be released. The City Attorney said the letter did not say when the money had to be released. ' Counciiman Brdier said the City does not have the money. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously and the communication recieved. . • CITY ATTORNEY TO BRYANT FRANKLIN CORP.: WAREHOUSE LEASE: The City Attorney said he was asked to prepare an opinion concerning the proposed � � use of a vacant warehouse on 79th Avenue. He said this would be used for storage of merchandise on a temporary basis. He said he understood this short period to be about two weeks to a month. He said they w-ill be sellinq merchandise also. He said he had I pointed out to the applicant that if this was to be on a permanent basis that they � , would have to have a parking and land>caping plan approved by the Council. He said after discussing the matter with the Coinmunity Development Administrator, he did not feel any permit would be required for this use. � ,' MOTION by Councilwoman Kukowski to receive the communication from Virgil Herrick, City Attorney concerning the lease betw�n Bryant-Franklin Corporation and 8akn's on 79th Avenue and dated May 14, 1975. Seconded by Councilman Fitzpatrick. Upon a , voice vote, all vot�ng aye, Mayor Nee tleclared the motion carried unanimously. ' :_.J Councilman Breider asked if this was the same request as the previous request where there was to have been a 20 acre parking lot created. The City Attorney said no, ' that operation is located in Apache P1aza. 7he City Attorney further expla�ned that this merchandise is insurance salvage from the Omaha Tornado. He said this would be short term. . H. F. BERGMAN: SERVING ON COMMISSION: , MOTION by Counciiman Starwalt to receive the corrxnunication from Mr. H. F. Bergman, concerning serving on a City Commission and dated May 14; 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � \ , � � (� CONSIDERATION OF AMENDMENTS IN TOWING CONTRACT WITH SHORTY'S TOWING: The City Manager� called on the Public: Safety Director to explain the proposal, The City Attorney said the Public Safety Director had prepared the amendment in his absence. The City Attorney explained that Shorty's Towing has had the.City's Towing contract and this contract indicates he may h+3ve one wrecker at his res9dence "during normal business hours". He said there was �i complaint by one neighbor who claimed he was carrying on business in his home which would be in violation of ihe zoning code. Ne informed the Council that the Contra��tor was found gui•lty of this. The City Attorney said he met with the Public Safety Director and the City's Prosecuting Attorney and hoped to develop a compromise so he could serve the Ciiy stay within reasonable bounds in regard to the complaint from the neighbor. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 20 He said the contract is proposed to be changed to allow one wrecker of a small size and also the �vords, "normal business hours" would be deleted. He said.this would allow a one ton pick up with a hoist on the back. He said if there was only one parked at the residence, this would not have any great significance. He said the contract should be amended in this regard. Mayor Nee asked if the zoning would allow this. The City Attorney said this would � not change the zoning requirements. He said they had explained to the contractor that if they had a large number of vehicles coming in and out of the property, they might receive another complaint and might be found guilty to this. Ne said with the amendment in the contract, one truck would be permited to park on the residential property. He mentioned that this would not be a violation of the code of operations� from ones home. The City Attorney mentioned that the vehicles to serve the City in an emergency. Mayor Nee quoted a portion of the proposed contract and said, "its says the contractor is exempt from the City Ordinance". He asked if this would be possible. The City Attorney said he did not have a copy of the proposed amendment. He said maybe.this wording should be taken out of the contract. The Public Safety Director addressed the Council and indicated that the quoted language was a part oi' the current contract. He said the only change made was to allow the man to use one vehicle to come I�ome and go back to his business. He said he may get called out in �the middle of the night and not come out to work until later in the day. • Mayor Nee said this portion of the contract should be.deleted, the City could not exempt one person from the ordinances. The Gity Attorney said he would like to give the Council a little background. Ne said he did not think the City would have any control over the man driving his vehicle back and forth and parking it in the driveway. He said a mumber of people in the City do this. Ne said this language was proposed to advise the contractor that a limited number would have to be complied with. He said this would be the difference of what could be done under the contract and what would be allowed under the ordinances. He said this proposal would allow him to park one small vehicle for any hour, not only during the normal business hours. He said this decision was not b?cause there was , a violation of the ordinance, but because it was in violation of the City's contract with the Towing Firm. Councilman Fitzpatrick asked why the contractor could not park there as long as everyone else does. The City Attorney said the area residents would not want three 30 ton diesels parked there. He said the court was concerned that he may be operating his business from his home. Mayor Nee asked how the court arrived at this. The City Attorney explained that they had been parking many vehicles at many times of the day. He said the number of vehicles and the coming and going during the day was the basis of the complaint: Mayor Nee questioned if the other employees of the firm also park the vehicles in their driveways. The City Attorney said this is done all over the community. He mentioned one that is.60 feet long is parking by his home. A representative of the contractor addressed the Council and explained that the firm in on� probation from the Court and if the truck would remain there late in the morning, they may have to go back and pay a$600 fine. The City Attorney said the City should have the vehicle available for esnergency service. Mayor Nee said the City Attorney's opinion is that if this contract was to .be amended, this would protect the contractor from prosecution. The City Attorney said if the owner of the area home fees he should not be prosecuted. He said if the contract is complied with and only one small vehicle is parked at the residence> he felt there wou}d not be a•comptaint. Mayor Nee questioned if the City's Prosecuting Attorney had prosecuted this case. The City Attorney said yes, he prosecutes all claims. Councilman Fitzpatrick said this was not a violation of the ordinances, it was a violation of the contract. The City Attorney said yes. He said he had thought that the case was brought in with th2 assumption that ii: was a violation of the ordinances. �� e REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 21 MOTION by Councilman Breider to amend the towing contract with the inclusion of the following statement: "That the contractor agrees and understands that he�is aTiowed to park one non-diesel type vehicle not t:o exceed 11,000 pounds gross weight, in his driveway or garage or in the driveway or garage of an authorized employee in a residential area," also that the last sentence in the proposal be de �t�d.. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MAYOR NEE'S SUGGESTIONS fOR TOPICS AT TH1= MAY 28TH CONFERENCE P9EETING OF THE CITY COUNCIL: Mayor Pdee suggested that the Council dis��uss.the Critical Areas Designation of the Mississippi River, appointments to the Qoards and Commissions, and Establishing relations with Spring Lake Park, Blaine �and Coon Rapids, in relation to the watershed into North Park. ADJOUNMENT: MOTTON by Councilman Breider to adjourn the meeting. Seconded by Counci]woman Kukowski. Upon a voice vote, all voting aye, P�ayo•� Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 19, 1975 adjourned at 10:30 P.M. . . Pat Ranstrom Secretary to the City Council Date Adopted William J: �dee P1ayor I � ' .. FRI�i.:tY .GITY .COUi�CIL — RtGU[:�R ifi��l"IiyG -- i�iAlf 1°, 1975 - 7s30 P, M, PLEIIGE OF ALLEGIAi�CE: �to�� caL�: AllOPTI�y OF AGEi�DA: 7:35 P.ra. Gi.ven A1.1 present Addition: Consideration of amendmenis to Towing Contract. OPEfr FO�Uivl, ViSITOR�: . .. (CONSIDERATION OF ITEMS NOT ON AGENDA - 15 �IINUTES) Rev. Edwin Foote, 195 Sate:Llite Lane: request for funding For Fridley Senior Citi.�ens, Cauncil action was to consider request during budget process. ULJ� �US I ►JESS : CONSID�RATION OF SECOND READING OF AN ORDI(�ANCE ESTABLISHING t,tMiAi�i �Oi�ii�iISSIG�iS FOR THE CITY OF FRiDLEY, MTNNESOTA WHICH SHALL CONSIST OF THE �OLLQWING: PLANNING COMMISSION CCHAPTER Zl��.), PARKS AND f�ECREATION COMMISSION tCHAPTER 101), ENVIRON- MENTA� I�UALITY COMMISSION iCHAPTER I�l), HUMAN RESOURCES COMMISSION iCHAPTER IZZ),, APPEALS COMMISSION C$ECTION ZOS.IH), AND COMMUNITY �EVELOPMENT COMMISSION �CHAPTER Z16), AND REPEALING ALL PRIOR CHAPTERS AND SECTIONS CCHAPTERS #IO1, #121, 3�L�1, SECTION �ZOS.IH AND CHAPTER #ZOS')� . � � � . . . . . � 1 - 1 K Amended on page 1-G in section Section 205.181, Subdivision 3, b., 1 and 2 from LTniform Building Code to "State Building Code". Added, Section 217.01 Chapters 101, 121, 201,�205.18 and 208 are hereby repealed. Amendment to Section 201.05 Vacancy The Chairman may resign or be removed by a majority vote of the Council, Ordinance adopted on second reading as presented in agenda and as amended by the previously mentioned changes. Ordinance No. 5$4. Council set conference meeting for May 28 to discuss appointments to Commissions. !�1 J , � RtGi��Af� i�iEti Ii�G, MAY :19., .1975 . . . .. .... ... .. . .. . PAGE 2 ' � iytW �tiSIi�ESS; {�E.CEIVING TNE ���INUTES OF THt PLANNING COMMISSION I�IEETING ' 0F i�AY %. �.9��. . .. . � � � � � � . � � � . � � . . . . . 2 - 2 I ' 1�. CLIFFORD �HOE,_ L�,S,�71=08, �240 CENTRAL AVENUE PLANNING COMMISSION REGQMMFJVDATION: DENIAL �OINCTL AGTION �REQUIRED: CONSIDERATION OF ' � RECOMMENDATION ' Deni^d. Council directed City Attorney and Public Works Dire�.tor to�work with those infolved for satisfactory solution. � � � Z. ORVILLE �ACOBSON., SP#%S-03., 6606 �ROOKVIEW DRIVE -. :. . .. ... ...:.: .: . . .. _ - _ _. ... ... _ PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH STi.PULATIONS .. _.... ... - - - C�uNrri ACTION RFQUIRED: CONSIDERATION OF RECOMMENDATION Special Use Pernit approved with stipulations recommended by Planning Commission 3�. CITY OF FRIDL�Y ZOA �tTS-03, 3720 Eas-r RIVER' ROAD . ._ .. _ _ __ _ PLAf�NtNG COMMISSION RECOMMENDATION: APPROVAL _ _ . _ _ CQ�INGI�CTION REQUIRED: SET PUBLIC HEARING FOR Ju�Y 14, .1975 f'ublic Hearinq set for July 14, 1975. , ' 1 � � � � ' , � � . R�GULI�i� f��t�TlidG� iYi�tY .lg, 1975 ... . .. .... . .. . . :. 3 ��EW �USIiVESS (COi�TIi�UE17) �PLANiU I fVG COMMI SS I ON P�I NUTES CONT INUED) 4� ISLANDS OF PEAC�, REQUEST FOR TREE REMOVAL _.... _...._.. __.. .... _. _ P��":":; ":G COMM I SS ZOl� REGOMMENDAT I ON : APPROVAL SUBJECT TO PARKS AND RECREATION RECOMMENDATION �OLINGIL AGTION REQUIRED: WAIT FOR RECOMMENDATION FROM PARKS AND RECREATION COMMISSION CMEETING MAY 19, 1975) No action taken. S. PLANNING COMMISSION REORGANIZATION STRUCTURE PLAhNING COMMISSIO[�l RECOMMENDATLQl�I: SUGGESTIONS FOR CHANGES SUBMITTED TO COUNCIL �IAY IZTH Cf�UNCIL �1CTION REQUIRED: CONSIDER RECOMMENDATIONS AIVD PASS ORDINANCE ON SECOND READING Ordinance passed in previous action. b. BIKEWAY PROPOSAL - _ _ _ .. ... PI�NNING COMMISSION RECOMMENDATION: RECEIVED AND PLACED ON AGENDA FOR DISCUSSION MAY ZIST _ .. . . C(11WCT1 AGTTON REQUIRED: HOLD PUBtIC HEARING JuNE 9, 1975 Public Hearing previously set for June 9, 1975. MINUTES RECEIVED. � REGULAR MEET I idG. MAY .19,. :i975 . . . . . . . . __ PNGE - �— .— -- iVtN� �tlSIt�tSS CCOi�TIfuUE�) � I�ECE I VI NG THc l�II NUTES �F TNE �OARD OF APPEALS I��EETING OF 1�9AY 13, 1975. �, . . . � � � � � . . . . . � � 3 1 � T � .�ORBETT, 621 SgTH �,VENUE �� � E. - � __ _. . �OA�D RECOMME DATION� APPROVAL COUNCIL ACTION REQUIRED: CONSIDERATION OF � RECOMMENDATTON • Approved with the recorranendations of the Board of Appeals. 2. I��ERIDIAN �ORP., 7899 EAS-r RivER .Roan _ _.. ... _. . _.. _ �QARD RECGMMENDA�ION: APPROVED WITH SUGGESTIONS COUNCIL ACTION REQUIRED: !'�ONE--WAIT FOR BUILDING STANDARDS RECOMMENDATION No action. 0 3.. WALL �ORPORATION, 6451 5T� STREET IV, E. 1i0ARll RECOMMENDATION: TABLED TO MAY Z%TH, PETITIONER NOT PRESENT �QUNCIL ACTIQN REQUIRED: NONE No action. � i ' � � ' , , ' , ' REG(�LA� (�IEETIi�G.. �`�AY 19, 1�75 . . ... .:. . .. ... .... .. ... PAGE 5 i�Et� �US I idESS ( COi�T I i�UtD) C�OARD OF APPEALS MINUTES CONTINUED) 4� i� RYAiV, 6559 UNiVERSITY AVENUE �� �. _ . ... _-. . - -.. �OARD I���Ot�iMENDATION: APPROVED COUNCIL HCTION REQUIRED: CONSIDERATION OF - RECOMMENDATION, ALONG WITH THAT OF BUILDING STANDARDS . Approved with recomm2ndations of Board of Appeals and Administ��ation. MINUTES RECEIVED. t�ECEIViNG THE i°�INUTES OF THE BUILDING STANDARDS — ' 1�ES I GN CONTROL I�IEET I NG OF �'�AY 14, 1975 .,,.. ....� � 1. T�. RYAN, 63g� UNIVERSITY AVENUE �, E. �oaR,� R��CO��:MEi�DATIO�y: APPROVED WITH STIPULAiIONS ' �OUNGIL AGTION �QLIIRED: CONSIDERATION 0'F RECOMMENDATION � .' � ' � i , Approved with stipulations recommended by Subcommittee. MINUTES RECEIVED. _ - _ _.. ._ RECEIVING THE i�INUTES OF THE ElVVIRONMENTAL QUALITY COMMISSION ��IEETING OF APRIL 29, 1975� � . .'. . . . . . . MINUTES RECEIVED. City Manager directed to establish liaison with Coon Rapids, Spring Lake Park and Blaine cancerning the watershed into North Park and report back to Council. 4-4A �•��:3 � ' ; � REGU LAR �Ir.E i I �VG. MAY 19�; 1975 . : .. . .. . . . . . PAGE 5 , � idEW :dUSIiVESS (COiVTI�VUED). RECEIVING THE MINUTES OF .THE PARKS AND RECREATION ICOMMISSION I��EETING OF APRIL 2�, 1975�, ����.�.�.. 6— 6 � � Council questioned construction of cement walkways in area of horseshoe court. Administration to report back to Council on this matter. MIMUTES RECEIVED. � ' ' � �ECEIVING PETITION #g—Tg%5 REQUESTING A STOP $IGN AT tiENJAMI N ANDi FERNDALE TO CONTROL �VORTHBOUND TRAFF I C ON BENJAMIN INSTEAD OF 61ST RVENUE AND.BENJAMIN, AS APPROVED AT THE.�`�AY 5, 19%S COUNCIL MEETING� � . . , . , . % — % � Petition received. No action to be taken until complete survey of the area �s comp]eted. ' - RECEIVING TRAFFI.0 STUDY, OIVAWAY ADDITION AREA �REQUEST BY �ICK HARRIS) � � . . . . . . . . . . . . . . . � . . . . � — $ A� �. Recommendation of Administration approved as presented. Report received. � � ' REGULAR �lEt fI��G, i�IAY :19; .1975 � . PAGE 7 WEW �USII�ESS CC�iVTIjuUED) CONSIDERATION 0� A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORt�ERING ADVERTISEMENT FOR }�IDS: WATER, SANITARY SEWER AND STORhI SEWER IMPROVEMENT Pf�OJECT #11% � � . . � � . � . . . . � . . � . 9 ' 9 B Resolution No. 72-1975 adopted. � _ CONSIDERATION OF A RESOLUTI�ON REGARDING VANDALISM IN -, _ _ , . . . .. . . CITY.PARKS AND ON SCHOOL PROPERTY� . .'. � � . . . � . . . I.O - IO B Administration directed to contact the Anoka County Juvenile Authorities to question feasibitity of recommendation and also � contact the School Districts for the�r thoughts on the proposal. � Report to be brought back for Council review June 2, 1975. 0 APPOINTMENT: C�TY EMPLOYEE� . � � . . . . . � � 11 - 11 D �lppointed Mr. David J. Kedinq, Probationary Police Officer Effective September 30, 1974. _ REGULhR fr1E�T I i�G, f�AY .19, 1975. . . . . .. . .. � .. . PAGE 8 CLA I MS . � � � � � � � � � � � i � � � e e � � o � � � e � �� Approved. LI CENSES � � � , , , , , , , , , , , , , , , , , , , , , , 13 — 13 A Approved. � tST I MATES � . � � . . � � . . � . . . � . � . � � . . . . . 14 — 14 E Approved with the additior� of 4:ieaver, Talle and Herrick in the amount of $1,n97. COi�li�lUid I CNT IOi�S : 10 CITY J�TTORNEY FROM F�TTORNEY GENERAL: SPECIAL � ASSESSMENTS � . � . . . � . � . . � . � . . � . � � . . , . 15 Received. Considerabie amount of discussion took �lace concerning the storm sewer in area of Banjamin and fi0th with the Council determining to take no action unt�l the report from the Administration is received concerning the alternatives and costs. CITY I�TTORNEY TO BRYANT—FRANKLIN C�RP�: WAREHOUSE LEASE. . 16 Received. N. F, tSERGMAN: SERVING ON COMMISSION. . . � . . . . . . � 1% Received. � REGULAR MEETING, MAY 19, 1975 PAGE 9 CONSIDERATIOy OF AMENDMENTS IN TOWING CONTRACT WITH SHORTY`S TOWNING: Councii amended the proposed amendment to state the following: "That the contractor agrees and understands that he is allowed to park one non-diesel type vehicle not to exceed 11,000 pounds gross weight, in his driveway or �arane or in the driveway or garage of an authorized employee in � residential area." The last sentence in the constract amendment �roposal is to be . deleted. � MAYOR NEE'S SUGGESTIONS F�R TCPICS AT THE MAY 28TH CQNFERENCE MEETING OF THE CITY COUNCIL: Critical Areas Designation of Mississippi River Discussion concerning appointments to Boards and Commissions Establishing relations with Spring Lake Park, Coon Rapids and Blaine concerning North Park Watersh�d ADJOURN: 10:39 P. M. i� FRIDLEY CITY COUNCIL MEET�NG ' PLEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN DATE : c l i � � NAME ADDRESS ITEM NUMBER _______________________________________�____________-____-_____________-___________�______=====q � r ;�t � Q 1r ��r � FRI�LtY .CITY ,COiIirCII_ - RtGiJiAR i�ittTIi�G -��1AY 19�, 1975 = 7:30 P, M, PLE�GE OF ALLEGIAiVCE:� HOL� CaLL: AllOP I I�iV OF AGEt�DA: OPEf� FOf�U�Yi, VISITO�S: _ CCONSIDERATION OF ITEMS NOT ON AGE�VDA - 15 MINUTES) ULU �US I �JESS : I,ON�IDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING . 1.ct�tAi�i l,OiViNiISSiUi�iS FOR THE CITY OF FRIDLEY, MIfVNESOTA WHICH SHALL CONSIST OF THE FOLLOWING: PLANNING COMMISSION CCHAPTER 21��.), PARKS AND {�ECREATION COM�MISSION CCHAPTER IOI), ENVIRON- MENTAL �lUALITY COh1MISSION �CHAPTER �.Zl), HUMAN RESOURCES I.OMMISSION �CHAPTER IZZ), APPEALS �OMMISSION iSECTION 205�1$), AND COMMUNITY 1�EVELOPMENT COMMISSION �CHAPTER 2l6), AND REPEALING ALL PRIOR CHAPTERS AND SECTIONS �CHAPTERS #101, #121, �2�1,. SECTION �lZO5�1$ AND CHAPTER #ZO$)� � � � � . � � . . . Z - 1 K 0 t�tv�iLAf� i�iEt�I ivG, . �IAY .19, :1975 .. . . . . . , . . PAGE 2 idEW �USIiJESS: 0 .. _ _ . _ .. . . . . ... . . . .. RE.CEIVING THE I��INUTES OF THE PLANNING COMMISSION N�IEETIIVG OF I IAY %. 197� , , , , , , , , , , , , , , � � , . . . . 1. CLIFFORD �HOE, L�S��f�l—OS, %Z4O CENTRAL AVENUE . _ _. PLAN(�LI NG COM I SS I QN RECOMMEjy: .�AT I ON : DEN I AL COUf�GIL GTION QEQUIRED: �ONSIDERATION OF RECOMMENDATION � I � � , 2-2I 2. ORVIL.LE JACOBSON., SP�%S—O3, 6606 BROOKVIEW DRIVE . ... ............: ...__...._. _ PLANNING COMMISSiON RErONGMENDATiON: APPROVAL WITH STIPULATIONS . _ , _. . . . _ . . . :. . . COUNCI� ACTION REQU�: CONSIDERATION OF REC4MMENDATION 3�. CITY OF FRIDLEY ZOA #��—O3, 3720 EAS-r RIVER ROAD _. _ _ PLANNING COMMISSION RE OMMENDATIOP�: APPROVAL C.�',�jNC I L Ac'T I ON REQ�� I RED : SET PUBLI C HEAR I NG F�R Ju�Y 14, 1975 0 � , i� � � , � � �� � � � , �� � � � � PAGE 3 . . .... .... .... ... ��GULA� i�1tE-f IiJG, iyi�iY .19. 1975 _ ... . . . idE�l 3USIidESS CCOiuTIi�UED) CP.LANiJING COMMISSION MINUTES CONTINUED) 4� ISLANDS OF PEACE, REQU�ST FOR TREE REMOVAL . . _. _. . . _ _. P�ANNING COMMI�QN RECOMME �N ATION; APPROVAL SUBJECT TO PARKS AND RECREATIOf� RECOMMENDATION C���NC I L NCT I ON_ REg�.,�E�2: WA I T FOR RECOMMENDAT I ON FROM PARKS AND RECREATION COMMISSION �MEETING � f�IAY 19, 1975) . 5. PLANNING COMMISSIQN REORGANIZATION .. _ _. ..._. _ _ P�ANN.I NG COMM I S�, � ON RECOMME_��_T�Q.[�.: FOR CHANGES SUBNiTTTED TO COUNCIL � �QUNG I 1 �iCT I ON REQU �.,BE�� C�NS I DER STRUCTURE SUGGESTIONS MAY IZTH RECOh1MENDATIONS AND PASS QRDINANCE ON SECOND READING b. BIKEWAY PROPOSAL _ . Qj �,NN I NC COMh1I SS I ON RECOMM�NDALI ON : RECE I VED AND PLACED ON AGENDA FOR DISCUSSION MAY Z1ST . _ . . �utv .t� A,CT O�E_Q�I : HOLD PUBLIC HEARING JuN� 9, 1975 . l , � � � � . � � � � � � � � � � r � � REGULAq MEETI�3G, MAY l9, .1975 �.; PA6E 4 iVt�C �US I i�tSS (COidT i fuU��) t�ECEIVING THE IYlINUTES OF THE i�OARD OF APPEALS I��EETING OF I'�AY l3, 1975. , . � . . , � � � � � � � � . � .. _ _ 1� T� �ORBETT, 6Z1 SgTH �,VENUE �� � E� 1SOARD RECOMMENDATION: APPRQVAL COUNCIL ACTIQN REQUIRED: CONSIDERATION OF RE��OMMENnATION 2. I��ERIDIAN �ORP�, 7899 EasT RIVER ROAD ._ _ . .. __ i��AR�COMMENDAT (�.� APPROVED WITH SUGGESTIONS COUNGIL ACTION I�EQUIRED: I'�ONE--WAIT FOR BllILDING STANDARDS RECONiMENDATION 3� WALL �ORPORATION, 6451 5-r� STRE�T 1�� E. tSOARD REGOMMENDATION: TABLED TO MAY Z7TH, PETITIONER NOT PRESENT _ _ _ . _._ _ __ C�lj� N REQUIRED: NONE 3 � � � � .. REGUtAR (�IEETIi�G� f��AY .19, 1975 . ... ..... ... . ... ... .. .. PAGE 5 id�W �USIi�ESS CGOiuTIi��UtD) �BOARD OF aPPEALS MINUTES CONTINUED) 4� I� RYAN, 6509 UNIVERSITY AVENUE ��. E� _. _. _. �OARD h�E�ONiME�ATION: APPROVED �OUNCIL HCTION REQUIRED. ' CONSIDERATION OF RECOMMENDATION, ALONG WITH TNAT OF BUILDING STANDARDS � t�ECEIVING TNE IyIINtJTES OF THE BUIL•DING STANDARDS - 1�ES I GN �OfJTROL I�E�T I NG OF ��iAY 14, �.g%� ������.�.� . . 1. �� �YAN, 6359 UNIVERSITY AVENUE �, E. _ _ ___ . �OAR,p R�:COt��M� p�.j�y.: APPROVED WITH STiPULATIONS - COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION RECEIVING THE I�IINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION �`�EETING OF APRIL Z9, 1975� � . � � , . � � . � � � c 4-4A � ��I R�GUi�AR �I�E! Ii�G, MAY :19. 1975 ... .... .. pAGE 6 fdL�r' i3ilSliuESS (COi�TIfVUE17) RECEIVING THE MINUTES OF THE PARKS AND RECREATION � �OMMISSION I��EETING OF APRIL ZS, 1975�, � � � � � � � � � . 6 - 6 � i�ECEIVIf�G PETITION #g-lg%S REQUESTING A STOP $IGN AT t�ENJAMIN AND FERNDALE TO CONTROL ��IORTHBOUND TRAFFIC ON 1�ENJAMIN INSTFAD OF �IST AVEh!UE /�ND BENJAMIfV, AS APPROVED AT THE.�`�AY.S, 1�%5 COUNCIL MEETING� �..� �,, �- � � 0 RECEIVING TRAFFIC STUDY, ONAWAY ADDITION AREA CREQUEST BY �ICK iiARRIS). . � . � � � � � � . � . � . � � � � � � � $ - $ � 0 REGULAR iyIEE�J I iuG, i�AY :19, 1975 fJEW �US I i�E.SS (COiVT I f�UED) " GONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, NPPROVAL OF PLANS AND �R�ERING ADVERTISEMENT FOR BIDS: WATER, SANITARY S�WEr2 AND STORM SEWER IMPROVEMENT PRO�ECT #ll7 � � � � � � . � � � � � � . . � . PAGE 7 • • � CONSIDERATIQN OF A RESOLUTION REGARDIi�G VANDALISM IN CITY.PARKS AND ON SCH�OL PROPERTY� � . � . � � � � � � � , 14 - 10 B � APPOINTMENT: CITY EMPLOYEE� . . . � . . � � . . 0 ll - 11 D R�GULi�R ��i��T I i�G. P�AY 19, 1975 ..... ... .. PAGE 8 �LA I MS � � , . . � .�. . ... .�. . �. . � . . . . , . , . . . � � IZ LI CENSES � , , , , , , , , , , , , , , , , , , , , , , , , 13 - 13 A _ ; i � , i . � , I i tSTIMATES � � � . . . . . . � � . . � � � . � � � � � � � � 1� - 14 E � COi�li�lUi� I CNT I Oi�S : 10-CITY NTTORNEY FROM F�TTORNEY GENERAL: SPECIAL ASSESSMENTS � , , . , . � � � � � � . � . � . . � � � � � � 15 �ITY I�TTORfJEY TO BRYANT-FRANI<LIN CORP�: WAREHOUSE LEASE� � 16 #�. F, IiERGMAN: $ERVING ON �OMMISSION� � � � � � � � � � � 17 . . r � 1. �� � � � �' � �J � � � � � � � i r I,� __ _ _ • _ _ ._ _ _ _ __ __. _ ORDINANCE N0. 1. AN ORQINANCE ESTABLISHIN6 CERTAIN COMMISSIONS FOR THE CITY OF FRIDLEY, MINNESOTA WHICN SHALL CONSIST OF THE FOLCOWING: PLANNING COMMISSION (CNAPTER 201), PARKS AND RECREATICIN COMMISSION (CHAPTER 101), ENVIRON- MENTAL QUALITY COMMISSION (CHAPTER 121), HUMAN RESOURCES CODIMISSION (CHAPTER 122), APPEALS CONiMISSION (SECTION 205.18), ANQ COMMUNITY DEVE�OP- MENT COMMISSION (CHAPTER 216), AND REPEALING ALL PRIOR CNAPTERS AND SECTIONS (CHAPTERS #101, #121, �201, SECTIUN #205.18 AND CHAPTER #208) The City of Fridley does ordain as follows: CHAPTER 201. PLANNING COMMISSION 201.01 7itle There is hereby created a Planning Commission for the City of Fridley, TITLE Minnesota. 201.01 Purpose The Planning Commission is established to promote the systematic PURPOSE and continuing appiication of organi2ed knowledgP and foresight in the pursuit of clearly defined and properly rel�."_ed goals and ob- jectives in order to create an increasingly better, more healthful, convenient, efficient and attractive environment. • 201.03 Scope The Planning Commission shall serve in an advisory capacity to the SCOPE City Council. Problems shall be referred to the Planning Commission by the City Council, City Administration or Chairmen of the member corrunissions, and ma.y be assianed to the member commissions for detailed study and recommendations as required. Atl recommendations by the Planning Commission shall be made to the City Council. 'ihe Planning Commission is charged with responsibility for continu- ous community planning and developrent of compr2hensive goals and policies, including but not limited to, land use, housing, environ- ment,parks and recreation, public services, human resources, and other related community activities. The Planning Commission shall advise the City Council in the develop- ment of programs to give increased effectiveness and direction in implementing established City goals, po]icies and framework and recommend actions needed to carry out planning responsibility. 201.04 Membership The Planning Comrnission shall consist of the Planning Commission MEMBERSHIP Chairman, the Chairman of the Community Development Commission, the Chairman of the Parks and Recreation Commission, the Chairman of the Appeals Commission, the Chairman of the Environinental Quality Commission and the Chairman of the Human Resources Commission. The Chairman of the Planning Commission shall be appointed by the City Council to serve for a three year term as a voting member of the Commission. The Planning Commission members serve as Chairmen of the member commissions and are appointed according to provisions outlined in the Ordinance establishing each of the member cornmfssions. The Planning Commission shall each year, from their own numbers, chose a Vice-Chairman. At any meeting of the Planning Commission, if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. , . .. 0 0 � � i L_ Ordinance No. 202.05 Vacancy . � Vacancies in the Planning Commission are outlined in the provisions of the Ordinance esiablishing each of tf�e member commissions. 201.06 Organization l. Following the appointment of inembership, the Commission shall meet, organize and elect any officers, except chairman, as it deems desirable. 2. Adopt rules for its meetings and the transaction of its busi- ness, in order to fulfill the responsibilities of the Commission. 3. The Chairman shail assure the fulfillment of the following responsibilities: a. Call and preside over the meetin9s of ihe Commission. b. Appear or appoint a representative to appear, if deemed necessary, before the City Council or any City Commission per- taining to matters within the scope of the Commission. c. Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Commission for the purpose of timely and re]evant �nformation for con- sideration by the Commission. 201.07 Administrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secretary shaTl perform only such clerical duties on behalf of the Com- mission as may be assigned by the Chairman with the consent of the City F4anager. Additional advisory staff shall be assigned to the Commission by the City Manager within the restraints of the adopted general fund budget. The Administrative Staff shall be limited to the Commission level unless specifically approved by the City Council. 2Q1.08 Compensation The members of the P]anning Commission shal] serve without pay, • but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 201.09 Reports The Commission shaii make such reports as requested by the City Couneil. 201.10 Meetings The Planning Commission shall meet twice monthly and more often as needed. The member commissions shall meet as directed by the Planning Commission and at their own discretion as necessary to fulfill the responsibilities of the member commission. Al] meetings shall be open to the public. Minutes shall be kept of all Planning Commission and member commission's meetings. Findings and recom- mendations shall be transmitted by the respective Chairman to the Planning Commission and from the Planning Commission to the City Council. __ ____ __ _ , Pas� 2 1 A VACANCY ORGANIZATION � � ' � ADMINISTRA- TIVE STAFF COMPENSATION REPORTS MEETINGS . �� i 3 i i � � - � Ordinance PJo. ' CHAPTER 1Q1. PARKS AND RECREATION COMMISSIQN 101.01 Title There is hereby created a Parks and Recreation Commission for the City of Fridley. The Commission shall cnnsist or" five Fridley residents, appointed by the City Council, �. ; Page 3 1 B ' `, ; � � , � , TI7LE ; 101.02 Purpose The Parks and Recreation Commission is established to promote the PURPOSE systematic comprehensive deveiopment of park facilities and recre- ational activities necessary for the pnysical, mental, emotional, moral health and well being of the residents of the City of Fridley. 0 101.03. Scope The Parks and Recreation Commission shall act as an advisory SCOPE commission to the Pianning Cominission for coniinuous communil:y planning and deve]opmeni o�' comprenensive goais and policies. Ariy change in related community planniny and comprenensive Ci�ty goals and policies must be reviewed by the Planniny Commission who will then make recnmmendations to the City Council. The Farks and Recreation Commission shall advise tiie City Council, after a policy review oy the Plannirig Commission, in the deveiopment of programs to give increased effectiveness and direction in imple- menting established City goals, policies and frar,�ework, and recumn�end actions as needed to provide park and recreational opportunities. lO1.Q� Membership ` 7he Commission Chairman shall be elected by i.he Commissian mernbership MEMBERSHIP and shall also serve as a mernber of the Ptanning Com��iission. The Commission shall consist of five members, all.memoers shall t,e appointed by the City Council for three year terins, except the City Council shall stagger the appointments so that the terms of no more than two members shall expire in any one year. attem�t si-iall be made to have all City wards represented on the Commission. Upon the expiratiun oi their terms of off-ice, mzmbers shall continue to serve until t►�e�r successor si�aiJ have been appointed. The Commission shall each year, from their own numbers, choose a Chairman and Vice Chairman. At any meeting of the Commission, if the regular Chairman is unable to attend, the Vice Chairman shall act in his place. 101.05 Vacancy Commission members may resign or be reinoved from office by a roajority VACANCY vote of the City Council. Attempt shall be made to have all City • wards represented on the Com�mission. The Commission member app�inted to fill any vacancy shall serve for the remainder of the vacated term. I01.06 Organization 1. Following the appointment of inembership, the Commission shall ORGANIZA7ION meet, organize and elect any officers, as it deens desira5le. 2. Adopt rules for its meetings and the transaction of its business, in order to fulfill the responsibilities of the Commission. 3. The Chairman st�ail assure the fulfil7m2nt of the following responsibilities: ' a. Call and preside over meetings of the Comnission. � � i 1 _ _ _ _ - --_ ___ __� � i � t � �� I � � � � � 1 � � ' �� � ,: , ' � � Ordinance No. b. Appear or appoint a representative to appear, if deemed necessary before the City Council or any City Commission per- taining to matters with�n the scope of the Commission. I - 1 � lPage 4 ', c. Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Commission for the purpose of timely and relevant information for consideration by the Commission. 1Q1.�7 Proqram , The Commission shall each year, prior to June 1, prepare a capital PROGRAM improvements program for parks improvement and acquisition and for public recreation activities for the ensuing year. 1Q1.08 Admiriistrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secretary shall perform oniy such ciericai duties on behalf of the Commission as may be assigned by the Chairman and with the consent of the City Manager. Additiona] advisory staff shall be assigned to the Com- mission by the City �9anager within the restrai��s of the adopted general fund budget. Administrative Staff sha,, be limited to Commission level unless specifically approved by the City Council. 201.04 Project Committees The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the dis- cretion of the Commission. The project committee shall be chaired by a member of the Commission. • 101.10 Compensation The members of the Cammission shall serve without pay, but may be reimbursed for actua] expenses if funds therefore are provided in the adopted general fund budget. 101.11 Funds For the purpose of financing the parks and recreation program authorized by this chapter, the accounting shall be the responsi- bility of the treasurer of the City. The Commission shall be autho- rized to establish charges or fees for the restricted use of any facility or to make any phase ofi' the recreation program wholly or partialiy self-sustaining. Any empioyees who handle cash in the process of collection shall be bonded. 101.12 Reports � The Commission shall make such reports as requested by the City Council or Planning Commission and shall prepare an annual report of its activities. 101.13 Meetings Meetings shall be called by the Chairman and shall be held as necessary to fulfill the responsibilities of the Commission. All meetings of the Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shal� be transmitted by the Commission Chairman to the Planning Com- mission and from the Planning Corrmission to the City Council. ADMINIS- TRATIVE STAFF PROJECT COMMITTEES COMPEN- SA7ION FUNDS REPORTS MEETINGS 0 4rdinance No. CHAP7ER 121. ENVIROIV�ENTAL QUALITY COMMISSIOtv 121.01 Title This organization shall be known as the Environmental Quality Comnission of the City of Fridley. 121.02 Purpose Page 5 1 D TITLE The Commission is established to stimulate interest in, and to promote an awareness of, environmental concerns a�ong citizeris of the City of Fridley; to serve as resource agency to the City on matters regarding the environment, including information on environ- mental problems, laws, policies and regulations of the county, metropolitan, state and federal levels to the extent of their effect on Fridl�ey; and to advise the City Council, the City Manager and other appropriate City commissions on matters pertaining to the maintenance or improvment of the environment, including the review and recommendation of programs and policies within the City. 121.03 Scope The Environmental Quality Commission shall act as an advisory Com- mission to the ?lanning Commission for continuous conununity planning and development of the comprehensive City goals and poiicies Any change in related community planning and comprenensive City goals and policies must be reviewed by the Planning Commission whio will then make recommendations to the City Council. The Environmental Quality Commission shall advise the City Council, after a policy review by the Planning Commission, in tne develop- ment of programs to give increased efifectiveness and direction in implementing established Citv goals, policies and framework and recommend actions as needed relevant to tne environment. PURPOSE SCOPE 121.04 Membership The Commission Chairman shall be elected by the Commission member- MEMBERSHIP ship and shall als� serve as a member of the Planning Commission. The Commission shall consist of five memoers; all members shail be appointed by the City Council for three year terms, except the City Council shall stagger the appointments so that tne terms of no more than two members shall expire in any one year. Attempt shall be made to have all City wards represented on the Commission. lipon the er.- piraiion of their terms of office, members shall continue to serve until their successor shall have been appointed. The Commission shall each year, from their own numbers, choose a Chairman and Vice Chairman. At any meeting of the Commission, if the regular Chairman is unable to attend, the Vice Cnairman snall act in his place. 121.Q5 Vacancy Commission members may resign or be removed from office by a VACANCY �/ majority vote of the City Council. Attempt shall be made to have all City wards represented on the Commission. Tne Com�iission • member appointed to fill any vacancy shall serve for tne remainder of the vacated term. ' 1 121.06 Organization 1. Following the appointment of inembership, the Commission shall meet, organize and elect any officers, as it deems desirable. 2. Adopt rules for its meetings and the transaction of its business, in order to fulfill the responsibilities of the Commission ORGANI- ZATION � � , ; 1 � ' Ordinance No. 3. The Chairman shall assure the fulfillment of the following responsibilities: a. Call and preside over meetings of the Commission. - --_ _ _ .- .- - � : . � Page 6 1 � � b. Appear, or appoint a representative to appear, before any City Commission or the City Council to present the viewpoint of the Commission on matters pertaining to the environment as it , relates to the business under consideration by said Commission ' or Council. c. Provide liai�on with other governmental and citizens' groups in matters concerning the environment for the purpose of ob- taining timely and relevar�t information for consideration by the Commission. 121.07 Administrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the Chairman with the consent of the City Manager. Additional advisory staff shall be assigned to the Commis- sion by �,t:e City hlanager witnin i:he restraints of the adopted general fund budget. The Administrative Staff shall be limited to Commis- sion level unless specifically a�proved by the City Council. 121.08 Project Committees The Commission may establish special provect ccmmittees to further. the objectives of the Commission and provide for greater citizen ' participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the dis- � creiion of the Commission. The project committee shall be chaired by a member of the Commission. 121.09 Compensation � The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. � l_____..__ ADMINIS- TRATIVE STAFF PROJECT COMMI7TEES COMPENSATION 121.1Q Reports The Commission shall make such reports as •requested by the City REPORTS Council or Planning Commission and shall prepare an annuai report of its activities. 12I.11 Meetings Meetings shall be called by the Chairman and shall be held as necessary to fulfill the responsibilities of the Commission. .411 meetings of the Commission shall be open ta�the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the Commission Chairman to the ?lanning Commission and from the Planning Commission to the City Council. CHAPTER 122. NUMAN RESQllRCES COMMISSIOAJ 122.01 Title This organization shall be known as the Human Resources Commission of the City of Fridley. • MEETINGS TITLE �i � S , I ' ' , i i I , i Ordinance No. 122.02 Purpose i i Page 7 ], F � The purpose of thQ Commission is to promote intensified communi- cation and protection of just and equitable rights among ail resi- dents of the community; to promate harmonious relationships among people of all races, religions, ethnic groups, social/economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; to promote understanding and �qual oppor- tunity in employment, housing, pub7ic accommodations, and public, cultural and educational services; and full participation in the affairs of the City of Fridley. 122.03 Scope PURPOSE The Human Resources Commission shall act as an advisory Commission SCOPE to the P]ann?ng Commission for continuous community planning and developmNnt of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations tothe City Council. The Human Resources Commission shall advise the Cit;/ Council, � after a policy review by the Planning Commis°ion, in the develop- ment of programs to give increased effective„ass and direction in implementing established City goals and policies and recommend actions as needed to provide equal opportunity �n the community. , �_ J � ' ' 122.04 Membershi The Commission Chairman shall be elected by the Commission member- ship and shall also serve as a member of the Planning Commission. The Commission shall consist of five menbers, all members shall be appointed by the Ci±y Council f.or three year terms, except the City Council shall stagg�r the ap�ointments so that the terms of no more than two members shall expire in ar�y one year. Attempt shall be made to have all City wards represented onthe Commission. Upon the expiration of their terms of office, members si�a17 continue to serve until their successor shall have been appointed. The Commission shall each year, from their own nurnbers, choose a Chairman and Vice Chairinan. At any meeting of the Coinmission, if the regu7ar Chairman is unable to attend, the Vice Chairman shall act in his place. _ 122.05 Vacancy MEMBERSHIP Commission members may resign or be removed from office by a VACANCY , majoril:y vote of the Ci�.y Council. Attempt shall be made to have all City ivards re?resented on ti�e Commission. The Commission memb2r appointed to fill any ��aca�icy shall serve for the remainder of the vacated term. ' � , , I l --- 222.Qb Administrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The se�retary shall perform only such clerical duties on behalf of the Commission as may be assigned by the Chairman with the Consent of the City Manager. Additional advisory staff snatl be assi9ned to the Commission by the City Manager within the restraints of the ado�ted general fund budget. The Administrative Staff shall be limited to Commission level unless specifically approved by the Gity Council. 122.07 Project Committees The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the dis- cretion of the Cormnission. The project committee shall be chaired by a member of the Commission. ADMINIS- TRATIVE STAFF PROJECT COMMITTEES i I 0 0 Ordinance No. � Page 8 , 122.Q8 Compensation • The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in ; the adopted general fund budget. 122.09 Reports II The Commission shall prepare such reports as requested by the City Council or Planning Commission. ' � � � 122.10 Meetings • Meetings shall be called by the Chairman and shall be held as neces- sary to fulfill the responsibilities of the Commission. Al1 meetings of the Commission shall be open to the public. Minutes shall be kept of all�meetings. Findings and.recommendations shall be trans- mitted by the Commission Chairman to the Planning Commission and from the Planning Commission to the Council. SECTION 205.18 APPEALS COMMISSION AND VARIANCES 205.181 Creation of Appeals Commission l. Title 7he Council hereby creates an Appeals Commission to serve as the $oard of Appeals and Adjustments and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes 462.351 and 462.364. 2. Purpose The Appeals Commission is established to provide a process by which the public may appeal the literal provisions of the zoning ordinance, sign ordiannce and bui7ding code, for reasons of.exceptional circum- stances when strict enforcement would cause undue hardship and strict conformity of the standards would be unreasonable and impracticai or not feasible under the circumstances. ----- . + 1G � COMPEN- � . SATION � � REPORTS t y � � a � t � � � E MEETINGS � � TITLE PURPOSE 3. Scope a a. The Appeals Commission shall act as an advisory Commission SCQPE to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who witi then make recommendations to the City Council. b. The Commission.shali have the power and duty of hearing and recommending to the City Council, after a policy review by the Planning Commission, as herein provided, appeals or requests in . the following cases: l. Appeals where it is alleged that there is an error in �i/�✓ any order, requirement, decision, or determination made by �- ✓ an administrative officer in the enforcement of the zoning �,%Jti �- ordinance,'s9gn ordinance or of the � 8uilding Code. �` � j(i , ___ _ __ q / 2. Requests for variances from the literal provisions of �"� the.zoning ordinance, sign ordinance or of the l�rm Building_ ! Code in instances where strict enforcement would caus� und"ue hardship because of circumstances unique to fie individual property under consideration. In recommending a variance, the Commission, and the Council on approval, may impose conditions to ensure compliance and to protect adjacent properties. 4. Membership The Commission Chairman shall be elected by the Commission member- ship and shall also serve as a member of the i�lanning Commission. MEMBER- SHIP I� ' Ordinance No. • Page 4 The Commission shall consist of five members, ai1 members shall be ' � appointed by the City Council for three year terms, except the City CounciT shall stagger the appointments so that the• terms of no more than two members shall expire in any one year. Attempt shall be ' made to have al7 City wards represented on the Commission. Upon ' the expiration of their terms of office, members shall continue to serve until.their successor shall have been appointed. The Commission shall each year, `rom their own numbers, choose a ' Chairman and a Vice Chairman. At any meeting of the Commission, if the regular Chairman is unable to attend, the Vice Chairman shall act in his piace. ' � � ' � 5. Vacancy 1H Commission members may resign or be removed from office by a VACANCY majority vote of the City Co�ancil. Attempt shall be made to have all City wards represented on the Commission. The Commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. 6. Organization 1. �Following the appointment of inembersi•a, the Commission shall meet, organize and elect any officers, as it deems desir- able. • 2. Adopt rules for its meetings and the transaction of its business, in order to fulfill the responsibilities of the Commission. 3. The Chairman shall assure the fulfillment of the following responsibilities: • a. Call and preside over meetings of the Commission. ' b. Appear or appoint a representative to appear, if deemed necessary, before the City Council of any City Commissien pertaining to matters within the scope of the Commission. ' • c. Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Com- mission for the purpose of obtaining timely and relevant information for consideration by the Commission. ' 7. Administra±ive Staff ORGANIZATION The City Manager shall assign one member of the Administrative ADMINIS- ' Staff to serve as secr�tary to the Commission. The secretary shall TRATIVE perforro only such clerical duties on behalf of the Commission as may STAFF be assigned by the Chairman with the consent of the City Manager. Additional staff shall be assigned to the Comm�ss�on by the City Manager within the restraints of the adopted general fund budget. The ' Administrative Staff shall be limited to Commission level unless specifically approved by the City Council. 8. Project Committees ' The Commission may establish special project committees to further PROJECT the objectives of the Commission and provide for greater citizen COMMITTEES participetion. Such project committees shall be appointed by the Commission for speciai projects and sha11 cease to exist when tneir ' activities are completed. The qualifications for membership, compo- sition and duties of sach projact committees shall be at the dis- cretion of the Commission. I ' 9. Compensation The members of the Commission shall serve without pay but may be CQMPEN- reimbursed for actual expenses if funds therefore are provided in SATION the adopted generai fund budget. . _J � 0 j i I � , � ' ' , Ordinance No. . Page 10 1 I 10. Reports , The Commission shall prepare such reports as requested by the City REPORTS Council or Planning Commission. • 11. Meetings Meetings shall be called by tne Chairman and shall be held as neces- MEETIN6S sary to fulfill the responsibilities of the Commission. All meetings of ti�e Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the Commission Chdirmar� to the Planning Commissio�� and from the Planning Commission to the City Council. 205.182 Petition by Owner At any time within thirty days, any propert.y owner wi�o deems himself PETITION aggrieved by an alleged error in any order, requirement, decision BY OWNER or determination made by an administrative officer in the enforce- ment of this chapter which affects his property, may appeal to the Commission by filing a written appeal with the City Manager. The appeal shall fully state the order appealed from the facts of the matter, and also the mailing address of the owner. 205.I83 Recommendation by Appeals Commission Within thirty (30) days after filing an appeal from an adminis- RECOMMEN- ' trative order or determination, the Commission shall set a date for DATION BY hearing thereon and shall hear such persons as want to be heard, APPEALS either in person or by agent or attarney. Notice of such hearing COyMISSION shall be mailed not less than ten (10) days before the date of hearing tothe person or persons who file the appeal. Within a ' reasonable time, after the hearing, the Appeals Commission shall make its recommendation and forward a copy of such recommendation to the City Council through the Planning Commission. � , ' ' ' �- ' � ' � L---.___.... --_ - 205.184 �ecord of Action Taken The Appeals Commission sha71 provide for a record of its proceedings RECORD which shall include the minutes of its meeting, its findings and OF ACTION the recommendations made on each matter heard by it, including TAKEN its final recommendation.� Z05.185 Variances The Commission may recommend variances from the strict appli- cation of the provision of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships preventing the strict application of tne regulations of this chapter. An appli- cation for a variance sha11 be filed with the zaning administrator and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis �or a variance. 2Q5.186 Action of the Council VARIANCES The Council shall at its next regular meeting after receiving the ACTION OF reconmendation of the Appeals Commission with a p�licy review by the THE COUNCIL Planning Commission, decide on the action to be taken. 205.187 Lapse of Variance by Non-usE Whenever within one (1} year after granting a variance, the re- lAPSE cipient of the variance shall not have completed the work as per- OF VARIANCE mitted by the variance, then such variance shall become null and BY NON-USE void unless a petition for extension of time in which to complete the work has been granted by the Commission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to compTete the work permitted in the variancz. Such petition shall be presented to the Appeals Commission for hearing and decision in the same manner as the original request for variance. 0 � � , ' ardinance No. E.�tAPTER 216. COM�4UNITY DEVELOPMENT COM��ITSSIOfd 216.01 Title This Commission shall be known as the Commun.ity Development Commission for the City of Fridley. Page 11 1 J TITLE 216.02 Purpose � The Community Development Commission is established to promote and maintain high quality community standards to ensure a well bal- anced and crderly development, rehabilitation and redeveiopment of ' the City of Fridley; including, but not liinited to economic develop-. ment, industrial and commercial development, housing, transportation services, pu6lic utilities, community development projects, and other related development activities. ' 216.03 Sco�e The Community Development Cammission shali act as an advisory Com- mission to the Planning Commission for continuous community planning ' and development ef the comprehensive City goalc and policies. Any change in related communit;� planning and v mprehensive City goals and policies m�ast be reviewed by the Planning Commission who will then make recommendations to the City Council. ' 1 1 ' � I' . �I The Community Development Commission shail advise the City Council, after a policy review by the Planning Commission, in the development of programs to give increased effectiveness and direction in imple- menting established City goals, policies and framework, and recommend actions as needed relevant to th e ohysical development of the City. 216.04 Membershi The Commission Chairman shall be elected .by the Commission member- ship and shall also serve as a member of the Pianning Commission. The Commission shall consist of five members, all members snall be appointed by the Ciiy Council for three year terms, except the City Council shall stagger the appointments so that the terms of no more than two members shall expire in any one year. Attempt shall be made to have ail City wards represented on the Commission. Upon the ex- piration of their terms of office, members shall continue io serve until their successor snall have been appoinied. The Commission shall each year, from their own numbers, choose a Chairman and a Vice Chairman. At any meeting of the Commission, if the regular Chairman is unable to attend, the Vice Chairman shali act in his place. 216.05 Vacancy Commission members may resign or be removed from office by a majority vote of tne City Councii. Attempt shaiT be made to have all City wards represented on the Commission. The Commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. 216,06 Orqanization 1. Following the appointment of inembership, the Commission shall meet, organize and elect any officers as it deems desirable. 2. Adopt rules for its meetings and the transaction of its busi- ness, in order to fulfill the responsibilities of the Commission. 3. The Chairman shall assure the fulfillment of the following responsibilities: a. Call and preside over meetings of the Commission b. Appear or appoint a representative to appear, if deemed necessary, before the City Council or any City Commission pertaining to matters within the scope of the Commission. PURPOSE SCOPE MEMBERSHIP VACANCY ORGANIZATION 0 0 ' Ordinance No. Page 12 c. Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Commission for the purpose of obtaining timely and re]evant inforraation for considera- tion by the Commission. 216.07 A�ministrative Staff -- , I � 1K � The City Manager shall assign one member of the Administrative ADMINIS- Staff to serve as secretary to the Commission. The secretary shall TRATIVE perform only such clerical duties on behalf of the Commission STAfF as may be assigned by the Chairman with the consent of the City Manager. Additional advisory staff shall be assigned to the Com- mission by the City Manager within the restraints of the adopted general fund budget. The Administrative Staff shall be limited to Commission level unless specifically approved by the City Councii. 216.�8 Project Committees The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the . Commission for special projects and shall cease to exist when their activities are completed. The qualifications for memebership, compo- sition and duties of such project committees shdll be at the dis- cretion of the Commission. The project committee shall be chaired by a member of the Commission. 216.04 Compensation The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore ane provided in the adopted general fund budget. 216.10 Reports The Commission shall prepare such reports as requested by the City Council or the Planning Commission. 216.11 Meetings Meetings shall be called by the Chairman and shall be held as necessary to fulfi]1 the responsibilities of the Commission. All meetings of the Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the Commission Chairman to the Planning Commission and from the Planning Commission to the City Council. � ADOPTED BY THE CITY COUNCIL QF THE CTTY OF FRIDLEY THIS DAY OF . 1975. AT7EST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: May 12, 1975 First Reading: May 12, 1975 Second Reading: Publish....... _ MAYOR - WILLIAM J. NEE PROJECT COMMITTEES COMPENSATION REPORTS MEETINGS • i a ;' � � ' ] c i � ''s � � ` T . I �. . .�� , * i. �. � ,� � ' May, 1975 ' ' � ' ' ' ' ' �I ' , ' � . ;� ��n li'IJu' . (i �',t';(k[�q��f /�i ' F � � iia?rn��� C� ��,�� � 4 � �7i � . . . .. � . . ��... � � Y; : � . . 5 ,.:� ' � ��. .�1td���c� +(� @to n�nroat� tF �l��p•i�e't�i:� � �.k' c���i`�t� � � .. . w '� % � ''�i � J� ' ,� � � i� ��+� ...� � � �i�v`'o`'.i„� _ Ttao years ag,o the Suburban Recreation Association was awarded �ranteeship of a Title III Senior Citizens Grant under the Older Americans Act. Recently, the Metropolitan Council has re-evaluated their priorities and has placed transportation, health needs, and nutritional needa as top priorities for senior citizen programs. Recreation and leisure needa of seniors have been placed as low priority. Consequently, funding for the third year of our grant will not be 3vailable. This means that the services provided to your community by our full-time staff m�mber will not continue after June 30, 1975 unless together we can establi�h a fundin� base to support the program. There is a definite need for the pro�ram as voiced by many of your comtnunity seniora already. The census fi�;ures as of 197(1 estimate 1,039 seniors reside in your community. Presently, under Suburban Recreation Aasociation supervision we are able to Provide the following activi.tiea and services: Bi-monthly senior citizen club meetings Quarterly plannin�; sessions * Monthly moderate cost trips and tours * Monthly newsletters to community seniors * Weekly Bowlin�; Group Monthly Suburban Senior Citizen Council meetings Quarterly Billboard P;ewsletter * Full time information and referral * Collaboration with nei�hborin� cor.imunity clubs and programs Access to a free counselor in collaboration with iiennepin County Welfare Dept. * Special parties and programs * Volunteer opportunities within community * Volur.teer transportation help * Publicity Some of these servicea could be continued with part-time non-professional leader- ship although many of ttie services would suffer. Therefore, �ae are at this titne requesting that you incorporate into your 1976 budget the a�nount of $3,�00.00 to assist in the sup�>ort of the continuation oF the Senior Citizen Program in Fridley. This request is also �;oing to your nei�hboring communities in hopes that such collaboration would enable us to continue comprehensive senior citizen program developr�ent. * Programs not expected to be provided and/or coordinated under part-time leadership. R2!1 m innetonka bo�levard • m inneapolls, minnesota • 55418 � phone 925-3838 a. �., �- y� �3 F y3 r . _ r i: ;^ :� bb '��. �: AR , : F t ,.,, � �^y d� rNp .{'3 :'r �' � � �. .r^ . .� .. ' { 3 �. ,:� �'YEy.'�i ' M a 4 . ,.. �.'$ .+... � . .Y'.. , ::. . . . ' w.. " , r `. `� United Way �` ; � ; �9�� �-. -. �� �.`�� ..�_ _,�. �>�, _ - '. ✓�M ,s � �- ' I. INTRODUCTION ' ' ' : :� . _,.:_�......_....__,.:.;.� SUBURBl1td It�CP�E�TION l�SSOCIl1TIGN UIaITED [IAX AGEt3CY AGEPICX FROFILE II A. Arency° s t'lission - The planning, organizinc, and providin�, in coZlnboration with existin�; co�unity a�encies, for the social (�;roup �aork, socialization, recreation) needs in the SRA service area with enphasis in special papulations. Genaral Goals 1. Senior citizens 2. D2velopr�entally dis��bled 3. Sr.iall coMnunfties without public recreatian aervices 4. Youth and adults with social problens Lonp, Ran�e Goals - Listed in Frofile I The conpletion of our lonp range goals will �;ive us a good startiag point in each � cor.nunitq to b2�in rneetin� the acute n2eds. In ther.�selves, the �;oals do tiot co�plete the job. History af A�;encv- Listed in Prof�Cle I SRA Priorities Und�r New Dir�ctions 1. Conr.iunity Plannin�; and research 2. Inter�roup xelations 3. Socialization 4. Recreation B. Adnini4tration ' 1. Board of Directors which represents the various cor�unities of the SRA. s2rvice area 2. Service area - corresponds clase up ro the suburban United t•Iay area ' 3. Bud�;et $148, 405 - United t�Iay share $89, 605 4. AICPA Audit Guide - We will have little difficulty in adoptinfz the nea� rsudit systen. ir]e are alre�dy usin�; part of the new syeteM and presently record all inforciation the new ' syster� requir�s. Idew bud�et recordinp forr�s wi21 be our only najor adjustnent. 5. Staff - six full ti� ' , C. Naz�e Channe - The Suburban Recreation �,ssociation will be chan�;in�; it's nane by I976 for the board feels it is non-descri�tive of the ap_,ency's �ission and pro�;rans. �. voZunCeer with advertisin� and public relations experience has been recrui�ed ta:^ help us wi�h the chan�;e. � , D. Collabora[ion nnd Coordination -� Current Trend 1. Since 1952, the SR1� has developed pro�ra�s throuph collaborative efforts with park and recreation departn2nta and cor�nunity councils. � ' 2. The SRA has currently devLloped collr�borative efforts with oth2r corinunfty a�enci�s such as suburban socit�l planninr units, social service �F2ncies, co�nunity education un�ts etc. SR[� will continu� to exp�nd these efforts.� � � � '' �1 ' - � , ,. '. ' ' 3. Collaboration is essential in providins; quality .pros;raras and ava3dini; duplicate e£forts by �z�encies for volunteer funds are iess available £or the lar�� anount of curr�nt ne�ds. IY• COMMUI�ITY FI.�;P1IiIG �ItID R�S�lII:CFi Problen - Th�re is a lack of social service planning in the suburban area. 1. Duplication of pro�rar� effort 2. rra�r�ented services 3. L�zck of collaborative Pro�*rans 4. L<1c1: of shared facilities S. Lack of inforriation as to the needs Essential Sten in Solvin� Problee� - To develop close workint� efforts with the three Suburb��n Himan S�rvice Pl�nnin� L'nits r�nd Cor.u�unity Health �snd Welfa�e Council. 1975 Obiective� A. Connunit� Planninry , 1. Th2 establishnent of connunity education depart�ents in G�ayzt�tn and Mound School Districts. ' 2. Consultin�; and establfshnent of recreation prc��rnns in the cor.u�unities of Victoria and Circic Pin�s. ' 3. Encoura�e collaboration betra�en public and socinl a�;encies in the subuzban � area throu�h worksho�.�s which will effect a better eyaCem of delivery of social services. (Human Service Planning A�encies) , k. Collaboration wi�h a�encies 4�hich have nutual concerns with ours. Gener�l Goals - exa�ple - t�inne�polis l�s�ociation for Ret�rded Citizene, Anoka County Associ<ltion for Retarded Citizens, Minnesota Asaociation for ' Childz�n with Learnin� Disabiliti�s, Iiun�n Services l��;encies �nd Senior Citizen Agencies o�hich should r.3ult in th� �tvaidance of duPlicatian of s2rvices. ' . ' ' ' ' ' 5. _Expansion of recr�a�ion and park pro_p.,rans in Roners, Dayton and Corcoran. 6. Utilizaticn of three y�ars of fundin� procedure to insure continuation af present pro�.>,rans `nd allo�,r SRL� to proceed in new pro�;r�n areas. � B. Resz`rch 1. In collaboration i•�ith oth`r a�;encies - U study to deterrsine the pres�nt de- livery of a�ency social services b�sed an th� needs deterr�ined by Cor.�unity He,�lth and t��elfare - 33 Cor_u-iunity Profile. - 2. Continuaticn of 1ow incone ar,as of social s�rvice need. 3. Continuation and cor.�letion of Senior Citizen Pre-retirenent Study. 4. Children with learni,n� cisabili�ies -- investigate needs and resources - recreation and social. 5. Investi�ation of existin� recreation and social resources for the physicAlly handicapped. 4 ')_ III. SOCIALiZATION A. Senior Citiz�n Yro�ram ' 1. S2nior Citizen Club Expansion � a. Seven of the thirty-f3ve club p,roups have been expanded to includE quarterly planning sessions, another neeting per month and a special , group meeting collaboratin� monthly with two or more neighboring com- munities, (4,220) ' CI ' ' ' CI �_ J �! �� t ' , ��J ' ' b. Clubs in outlying areas where there are none currently are to be or- �anized, promot�:d and conducted by 1976 (A4ap1e Plain and CorCOran- Ro�ers Area). 2. Volunteer Pro�;ra�s s a. Gzoups of seniors are volunt�arin,n, in various schooZs to assist special children with learninp, difficultias. b. Volunteer transportation prop,r.�s hav� been created in three come�uni- ties. Future pro�;ra�►s ar� to be d�veloped in two nore cocu�unities. c. The "Telephone Buddy" Progran is �rowing raastly through refezrals fron hospitals and wc�lfarE� ��encies. (3G) d. Ai2 ��dditianal �ne-hundred volunt�ers are to be traf:�ed �nd utili2zd in the dev�lop�nt of propra�s. Al�o recognition is to be given. 3. Infomation and Referral and Counselin�; a. Over seventy adults ��ch nonth ar� assisted in 2ocating senior citizen pro�rar�� or are r�ferred to th� nost appropriate a�;ency to best tseet their needs. In additiony infornation is �iven to professionals with- in the aging field. _ b. The coun�eling pro�r�n co-sponsored with the Hennepin County 3�lelfare office is continuins;�3nd r�sponse is increasin�. 4. Professional Senior Woricers Groupa a. This �roup has b�en established to deal �aith problens9 success�s, in- ovative id�as ��nd how best we can collaborate as pro£essionals wvrtcin� with senior citizens to develop a conprehznsive senior citizen pro�ra�:. 5. Honebound Senior Citizen l;rts and Crafts Fairr a. The Fair, co-sponsored *aith Minn�tonlca JayGee tJives, is essentially for honebound ?.ndividuals hav�n� no outlet for their work and unable to parti�ipate in other senfor pro�;rans. (90) 6. Social CTub for Phy�ically Dis3bled Senior Citizens: a. Plans are undercaay on a social club for.physically disabled senior citiz�ns in c�llaboration cvith an area hospital and various social a�;encies � 7. Honebound Senior Citizen Pro�;x��n a. Work on a Iior�ebound SenioY Citizen pro�;rara in collzboration with t�orth Hennepin Cor�.�unity Colle�� and oth�r area 1�;ancies has begun. � - � + ' . . '. ' ' ' ' ' 8. tlorkshops a. G)orkshops will be conduct��d in the fall for club officers, pro�r�Zn plannin� cormittees, reporters and advisors to assist th�n in bein�* r�ore �:ffective in their resp�ctivz rol�s. 9. Continuin� Prugr�r�s a. Successful cor�pletion of the second yaar of a Title III Gz'artt to �x- pand l�:isure servic�:s to tw�lve corsiuniti�s withfn our s2rvice zrea. b. Special interest �roup� c. Suburb�zn Senior Citizen Council. Meeting involvin�; r�presentatives fro� the thirty-five senior �roups.(70) d. Public�tions - r.,onthly flyers and quarterly newsletter. B. Deve].ap�ental Disabilities 1. The objectivas of the pro�rans are independence, socialization, inte�r�tian and connunity awareness. 2. Prosrans that have be�n exp�lnded or established in 1975 are�: ' a. Su��r Socialization Pro�r,,n far Childr�n in Hapicins�i•Linn�tonka and EdPn Prairie. (35; ' � � ' b. Sur.►n�r Socialization Pro�rar�� for Children in Glayzata and Orono. (20) c. Year Round Sc>cialization Prop,ran fc,r Adults in Anoka County. (75) d. Year Round Socialization Pro�;r.zr► fnr Adults in West Hentte�in Connty. (45) e. Coordirated Piinnesota Rehabilitation Associated bowlin� Zeague for adults frori eiFht z�encies. (125) 3. Invastip<3tion, planninc; and conr.:unity <zwzreness is be3ng� inititzted in the � area of children with ie<�rnin� disabilities. Acvarenes� seninar held in Januaxy, in-service training planned for June. t � , ' , �� C. 40 Plus and Sin�le 1._ The 40 Plus and Sinf;le Club is �rowin�;: (60) Future expansion will be in- vestigated this y�e�r. Possible are�E are r��und and the ;�.W. Hennepin County. IV. IIdTERGROUP REI,�`,TIppdS A. Physical Dis�bilities � traveling panel of adults with physical disabilities is bein�; created in col- labaration with four other a�encies. The �o��ls of this progran are cors�unity awareness, sensitization and cor�aunication. The panel will travel the �etro area speakin� coith corinunity �roups9 students ^nd other organizations, B. Youth Z. Youth Lenislation '75, �-� woricshop on youth related le�isl�ztive issues, was co-sponsored in March, urith sev�n other youth a�;encies. (100+) 2. The C�dvocate, a Newslettsr, was discontinued. t�7e are now assisting, in the distribution of "The I,ink" published by the Enablers. (I200) I ' � _ i 1 . � � � ., , � V. RECREElTION/DAXC� , A. Coordinat� and/ar finance surir.i�r recreation pro�rarzs in several snaZZ ecr.�uni- ' ties where .r�creation d�partnents do not exist (i.e. Rog,ers, Corcoran, Dayton). B. biscontinued �thletic tournanents, ��nd speci�ll events for the peneral popula- � tion. Other nore appzoprizte a�;encies were locat�:d to aseur�. responsibility. C. Coordination �t Stuar[ G)ells D3y Canp w�1s discontinu�d. (Decreasinf enroll�ent, no 1on�er nFSin users). A r►ore apprnpri�te a�ency was loc�ted to act t�s coor- � dinator. Each pro�ran nentioned above has been acconplished throuph a collaboratfve effart � with other a�encies. Pro�rams are staffed by part-ti�e college students and nun�rous v�lunteers. Over ' one-hundred teena�e volunteers are incorporated in the various Pragraus for children and adults that are nenta7.ly retarded. Future trends in the areas of developnental disabiZities will be towards g,reat��r ' inte�ration and coz�unity �3wareness. ' ' � ' r' I � 0 PLANNING COMMISSION MEETING CRLL TQ ORDER: CITY OF FRIDLEY MAY 7, 1975 • ,PAGE 1 'Chairman Harris called the meeting to order at 8:30 P.M. ROLL CI�LL : Members Present: Harris, Lindblad, Drigans Members Absent: �1eissner, Peterson Others Present: .James Langenfeld, Ex-officio i�ember Jerrold 6oardman, Planning Assistant APPROVE P�FlPdNING CO��iMISSION D1INUTES: APRIL 23, 1975 . 2. MOTION by Lindblad, seconded by Drigans, that the Planning Commission approve their. minutes of the April 23, 1975 meet-ing as ���ritten. Upon a vozce vote, a11 , voting aye, the moi c�n carricd unanimously. RECEIVE QOARD OF APPEALS SUaCO(�1MITTEE P�IINUTES: APRI! 29, 1975 MOTION by Drigans, seconded bv Lindblad, that.the Planning Commission receive the minutes of the Board of App�als Subcommittee meeting of Apri1 29, 1975. Upon a voice vote, a11 voting ayc, the motion carried unanimously. l. CONTINUED: REQUEST FOR A LOT SPLIT; L.S. #71-08, QY CLIFFORD J. THOE: To spiit off the Westerly 70 feet of the Souther^ly 123 feet, except for that part taken for highway purposes, of Lot T8, Bl�ck 2, Centrai View Manor, to split the residence from tf�e servic� station property, the same being 7240 Centr-al Avenue � N.E. Mr. Ciifford Thoe and Mr. C�iarles Jordon, lessee of the service station. were present. ' . Mr.-Harris said that in the Planning Con�mission agenda they have an agreement between Lyndale Terminal Company {Holiday�� and the City of Fridley, as a sample agreement, and he couldn'i see that this agreement was pertaining to the type of situation on Mr. Thoe's property, so it wasn't anx help in determining what couid be done on this lot split request. Mr. Drigans said this was a very difficult problem. P1r. Qoardman said there were several points to make on this request. Ne said that the parcel the petitioner tivanted to split off would be too smallof a 1ot for commercial zoning, and it didn't meet the minimum requirements of a residential lot either because it was only 6300 square feet. This house was a legal non-conforming use and if it was destroyed over 50;� of its value, it could not be rebuilt. If this happened, this lot could not be used for either commerica] or residential use. Mr. Boardman said that Mr. Jordon was will�ng to purchase the service station, but not the residence, so this �vas the reason for the lot split. If Mr. Jordon could purchase�just the service station property he was willing to make certair. improvements to this property. These improvements would not be made without the lot split or if the purchase was not completed. Mr. Qoardman contir�ued, that the Planning Commission would I�ave to dete rn�ine, if by approving this lot split, the improvements that would be made to the conm�ercial use of the property wouid justify this approval, and would � I � � Planning Comrnission Meeting - May 7, 1975 � � � Page 2 justify the problems we could have 1a�ter on; because of this lot split. ' Mr. Driyans said that if �� lot split, they should look at service station property. � � � i the Planning Commission were inclined to approve this what kind of improvements they could expect on the Mr. Harris asked if the entire lot met the requirements for a commercial lot. ��il Mr. Boardman said the entire lot was around 20,000 square feet, which was the requirement for a commercial lot. He said the requirement was for 20,000 square feet or 160 foot frontage at the setback line and was an either/or situation. If the 6300 square feet were split off this parcei, then nei�her parcel would meet this requirement. He sai-d there would have.to be an easement for water service also, because the house gets it water from the service station. Mr. Origans asked what was stopping the service station lessee from improving the property under the present circumstances? Mr. Boardman said he didn't want to put a lot of money irr��o property he did not own. ' Mr. Drigans asked if this property couldn't be owned under joint tenant, so � the lot split wouldn't be needed? Mr. Narris said they could, but then they would -both have title to the entire parcel. Mr. Drigans said he thought there should be some type of legal agreement that could be dra4�Jn up so the residence vrouldn't have � to be split from ihe serv�ce station. He said tha� this property wouldn't be �vorth much to anyone if it was split up into small segments. Ne said they aiready share � water facilities, and there could be many prablems in the future, if this lot split � was granted. Mr. Harris said �hat if there�was a contract drawn up, giving each party their rights and obligations, this would be a better way to handle this property. � Mr. Boardman said he didn't know �f a legal ac�reement between the two parties � wou7d satisfy the requirements for a mortgage commit ment on the service station property, He said mo�^tgage co�npanies were pretty skept�cal the way it was. ,. Mr. Lindblad said he thought we had a bad situation now, with one parcel, and if there were two parceis, there would be twice as many problems. He said the � house couldn't be rebuilt no« if it was over 5O;o destroyed, and �f something would ' happen ta the service station, that could be rebuilt because it was proper�y zonEC�, � hut you would be allowing construction on a sub-standard lot. , ' ' , ' ' Mr. Boardman said that if this �ot split was approved, and�the house was destroyed, the City would almo�t be obligated to let a commercial enterpris° go on this lot with variances, because we created this situat;ion with the appraval of the lot split. He sa�d the only thing that the Planning Commission,could do, if this lot split was granted, was to stipulate that when the house was gone, na building could ever be built on this parcel, either a residence or a commercial enterprise. Then an adjacent o��vner might buy this parcel. Mr. Narris said that if an adjacent owner didn't buy the parcei, at would go tax forfeit, because it was a useless lot by itself. � Mr. Origans said he still felt that a legal docun�ent could be drawn up so this l�ot split would not be necessary, and yet it could meet the requirements for financing. . ' Mr. Lindblad said he couldn't recommend approval of this lot split because he thought they would just be creating a problem for the future. He said that if the residential property were split off from the service station, the station owner, � Planning Commission Meeting - Ma,� 7,�1975 � Page 3 whether it was this station owner, or one in the future; would never buy the � residential property as long as they didn't have to. He thought a legal agreement �rould be better for everyone concerned. I� Mr. Langenfeld�said this agreement couid be as joint tenan�s in common and show ii "as their inte�est may appear". Mr. Narris said it would be up to the financial institution as to what kind of legal agreement they a�ould accept and still be willing to give financing, and they may be able to draw up some private I, � covenants that the financial institution wouid accept. i � � , � � Mr. Thoe asked!if the ordinance read right now that if his house was destroyed over 50% he couldn't rebuild? Mr. Harris said that it did. Mr. Thoe said that if this happ�ned, who wouid be the loser except himself? M;�. Narris said that suppose that consequence did happen and Mr. Thoe.:was lef t with this lot, which would leave him the choice of selling to either one of the adjacent property owners. 7hen suppose to all intents and purposes, they offered him next to nothing for this property. If Mr. Thoe was left �,�ith a lot that he couldn't do anything with and he couldn'� sell it, in seven years it v�ould probably go tax forfeit. Then the City and the County are left w��h a parcel of unbuildable, ur,�aable-land that we created with the approval of �he lot split. This was what the Pianning Commission was trying to avoid. , Mr. Thoe asked if the City wouldn't let that house be rebuilt to keep the taxes coming in? Mr. Harris said they would not, because this was�a 7ega1 non-conforming use. It was a zoning problem more than the size of the lot. He said that if there were no service station on this property, and the only thing on this parcel was the house, it still could not be rebuilt if it was �destroyed more than 50% af its value. Mr. Boardman said the City could not grant a variance on what was allowed in a zoning district. The City does not allow a house to be built in a C-2 zone, and the nroperty would have �o be rezoned to R-1 �o allow a house to be rebu�]t on this property and the City was not in favor of spot rezoning either. Mr. Boardman said tnis house was built in 1�49. When our zoning ordinance went into effect in January of 1956, this property was zoned C-2, and it has been zoned C-2 since that time. Mr.-Thoe said there had been a lot of discussion of the City's point of view. He thoughi: there should be consideration of the resident, especially as he was an old timer in Fridley. He said t�hat if he was iil or crippled or something and was � depending upon this property. Mr. Lindblad said.that was why he was better off to �leave this in one parcel, because if this lot was split, he v�ouldn't have any bargining po�ver then, because the lot would be useless. . ' Mr. Thoe said he thought the residence would sell in nothing flat � up for sale. He thought resale would be no problem. Mr. Boardman said was handled by a legal agreement., this agre�ment could cause a problem property was sold, because someone else might not want to take over such � � � if he put it that if this if this an agreement. Mr. Drigans said the reason we are in this position was because the station operator wants to improve the service station, and before he does this, he wants to � purchase the sta�ion. Mr. Drigans said he didn't feel this was enough of a hardship to warra;�t approving the lqt split. � Mr. Langenfeld said he felt that if this residence was up for sale and the • praspective buyer knew that this property was a legal non-conforming use with the restrictions on rebuilding the house, that would make the saleability almost nil. , .:.. II� �� 2C Planni nc� Commi ss i on Meeti nc� - May 7', '1975 Page 4 Mr. Qoardinan said that he, as a planner, would have to recommend that this lot i split be denied, and forego the beautification of this property at this time, and hope that in five, six, or eight years into the future, that someone would come along who would be ready to purchase the entire parcel. He said we had to think of the ' present and the future. If this lot split was granted now, what prob�ems would we have in the future. Mr. Harris said he thought they would be creating a monster. � � � , J .� t�ir. Boardman said he thought it would be in the best interests nf Mr. Thoe to sell this as an entire parcel also. Mr. ?hoe said that t�lr. Jordon has worked up a good business in the service station, and it would.all be for nothing if he couldn't purchase this property. He said he thought this had been continued by the Planning Commission so they could come up with an alternate solution. Mr. Harris said that was true, and he was very sorry, but they hadn't been able to come with any alternative to make the lot split feasible. The only alternative they could see wo�ld be to seek legal counsel ar�: find a legal means to settle this. problem. � Mr. Drigans said the Planning Commission didn't feel tl�is parcel was large enough to be chopped up into smaller parcels. � Mr. Harris said he thought the Planning Commission should make their recommendation � to Council, and in the interim, the petitioner should seek legal advise and see hotv . this could be handled without a 7ot split. He said that Council would have to make '' � the final determination, any�vay. � , � Mr. Boardman said ihat if the petitioner could work this out �egally, he could �' withdraw his petition, and this wouldn't have to go to Council. The on7y action the ;j, � Planning Commission could take would be to approve or deny the lot split request. �: They couldn't make a deeision an any legal agreement. Ne told Mr. ihoe that this ;� agreement could cover the splitting of assessments also. f � � � r Mr. yarris said that if a motion was made for denial af this request, the reasons f-or the denial should be given. Mr. Langenfeld said he thought the Planning Commission was in agreement that this was a unique situation and they might be cre�l:ing a hardship for the petitioner in suggesting that he get legal counsel, but he thought that in doing this, the petitioner would be saving himself a lot of trouble in thE long run. This lot split could be a big headache in the future. Mr. Harris said he agr_eed. Mr. Qrigans said he thought th�s request had been at this level'for a long time, and it should be passed an to the City Council. � MOTION by Drigans, seconded by Lindblad, that the Planning Commission recommend to Council denial of the request for a Lot Sp1it, L.S. #71-08, by Clifford J. Thoe, to split off the Westerly 70 feet of the Southerly 123 fee�, except for that part taken '� for highway purposes, of Lot 18, Block 2, Central View Manor, to spl.it the residence from the service station property, the same being 7240 Central Avenue N.E. for the fo2lowing reasons. . I , ` � 3 The 1ot split would create two substandard Iots, in whicji one would be -aompletely unbuildable. � � Planning Commission Meetinq - May 7,.1975 • Page 5__ 2. A situation exists whexeby both strucL-ures obtain water front the same service. ' . � 2D 3. One of the reasons for the request was because the service station lessee wantcd to purchase the service station portion of the property to improv� the property, and thcre may be a Ic�a1 means for settlirig this problem between the two parties without a Iot split beinq granted. 9. Thzs would not lie prudent City plann.ing. UPON a voice vote, a11 votinq aye, the motion carried unanimously. 2. PUQLIC FiEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-03, QY ORVILLE JACOE3SON: To aliow the construction of a second accessory building, a 24' x 24' garage on the South 100 feet of Lot 7, Block 2, arookview Second Addition, per Fridley City Code, Section 205.051, 2, A, the same being 6606 E3rookview Drive N.E. Mr. & Mrs. Jacobson were present. MOTSON by Drigans, seconded by Lindblad, that the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #75-03, by Orville Jacobson. Upon a voice vote, a11 voting aye, Chairman tiarris declared the hearing open at 9:34 P.M. Mr. Boardman said this was an extra large lot, 100' x 215' and the present � 20 ft. x 14 ft. garage woiild be n�oved and used for a storage shed. This would be behind the ne�v 24 ft.x 24 ft. garage. He said that because of the large lot, the . staff saw no problem wi�h this request. � � Mr. Drigans asked �Nhat was north of the Jacobson property. Mrs. Jacobson said it was an emp�;y 7ot. ' ,� Mr. Jacobson said he would move the existing garage onto a slab and it would . be anchor�d down. � Mr. Drigans asked if there woul!d be access to the garage that was being moved .so that it could be used for the storage of automobiles. Mr. Jacobson said there wouldn't be enough room, because there would only be 13 feet between the house and � the new garage and the fireplace and some shrubs took most of that room. Mrs. Jacobson said they planned to store a camp traiier in the old garage. � Mr. Drigans asked if they had talked to any of their neighbors about this request. Mr. Jacobson said they ali gat notices of this request, and i:hey only had orre close neighbor. � . , Mr. Narris asked if there would be any utilities in this garage. Mrs. Jacobson said there would be electrici.ty. ' Mr. Boardman said the staff had•received a letter for the Planning Commission from the Michael Servetus Church. ..� � MOTION by Lindblad, seconded by Drigans, that the Planning.Commission receive the letter From tfichael Servetns Church. Upon a voice vote, a11 vot.ing aye, Chairman ' Harris read the letter which stated that they had no objection to this request. � � �� , � � � �_ J � . . - � � � � . 2� P]ar►nin Commission Meetinq - May �, 1975 � Page 6 Mr. Harris asked if the new garage would match the existing structures on the lot. Mr. Jacobson said it�would have verticai �siding instead of horizontal, but it would all be painted the same. Mr. Langenfeld said they should stipulate that the old garage be used for storage and not for any commerciai enterprise. MOTION by Lindb2ad, seconded by Drigans that the Planning Commission close the Public Hearing on the�request for a Special Use Permit, 5P #75-03, by Orville Jacobson. Upon a voice vote, a11 voting a�e, Chairman Harris declared the hearing closed at 9:45 P.h1. ' MOTION by Lindblad, seconded by�Drigans, tliat the Planning Commission recommend � to Council approval of the request for a Special Use Permit, SP #75-03, by Orville � �Jacobson, to a11ow the construction of a seco��d accessory building, a 24 ft. x 24 ft- garage, on i:he South 100 feet of Lot 7, Block 2, Brookview 2nd Addition, �er Frid1_ey tCity Code, Sectic� 205.051, 2, A, the same being 6606 Brookview Drive N.E., with the following stipulations. � f � , .� � 1. The sing.Ze car garage not be used for a commercial enterprise and that it be placed on a proper foundat�ion, _, 2. Bot1� accessory buildings match the appearance of the house. 3. Both garages meet a11 the code requiiernents. UPON a voice vote, a11 voting aye, the motion carried unanimously. 3. PUBLTC HEARING: REZONING REQUES7, ZOA �75-03, CITY OF FRIDLEY: Rezone from M-2. heavy industrial areas to C-2 general business areas , a previously public owned parcel, part of Lot 38, Auditor's Subdivision No. 39, so this property will be zoned te confarm with the present use, the same being 3720 East River Road N.E. . MOTION by Lindblad, seconded by Drigans, that the Planning Commission open the Public Hearing oi� the rezoning request, ZOA #75-03, by the City of Fridley. Upon a voice vote, a11 voting aye, Chairman Harris declared the hearing open at 9:55 P.M. � Mr. Qoardman said the City purchased this property in 1955. When the zoning . ordinance was adopted in January, 1956, it was zoned M-2. Our deed was recordecl on this property in 1960, at the time of the building �ermit, and since that time, the building has been sold, and it was no longer a public use. The property then reverted back to M-2 zoning, howeve•r, there was a commercial establishment on this property, and it should have been rezoned to the proper zoning at the time it was sold. � Mr. Harris said there was an addition put on this building at the time of " purchase by private ownership. Mr. Boardman said that 'George Is In Fridley' wanted to do some remodeling of that portion oF the building that used to be the Fridley � iiquor store, and in order to do this, the property had to �e rezoned. � � Mr. Lindblad asked why they couldn't have liquor establishments in M-1 and i r M-2 zoning? Mr. Boardman said the zoning code would have to be changed to allow such a use. . , . � � ... � , , j .. ... ... . . .. . . .. . .. . Z F Planning Commission Meeting - May 7,�1975 ' Page 7 � � Mr. Drigans asked what the zoning was on the surrounding property. Mr. Qoardman � said it was all M-2 and it was owned 6y the Metro Sewer Qoard. Mr. Drigans said �his would be spot rezoning. � , Mr. Langenfeld said he thought this operation would need a Special Use Permit for a recreational facility. � Mr. E3aardman said this request had nathing to do with anything that the owner might need to develop this, property, and any requests needed to develop �;his property would have to come frorn the ow�ier. This rezoning request was just to get this property 1 into the proper zaning for the er.isting use. 1�1r. Langenfeld said he sees the sign for a game room everytime he goes by this operation. h1r. Qoardman said i;hat under C-2 zoning, under accessory uses, it does allow recreational facilities which are open to the �ublic. Their main business would be liquor, so a recreational facility vaould , be an accessory use. Mr. Drigans said that if it wasn't that the Metropoli�:an Se��rer Board owned the � property around t��is operation, he would be rel��ctant to favor spot rezoning. , Mr. E3oardman said the effects of having a commercial enterprise in this area t was perhaps not all that great, because this was surrounded by a public area. �� ,. MOTION by Lindblad, seconded b� Drigans, that the Planning Commission close ihe Public Hearing on the rezonzng request, ZOA #75-03, by the City of Fridley. Upon � a voice vote, a11 voting aye, Chairman Harris declared the hearing closed at 10:20 P.M. MOTION by Drigans, seconded by Harris, that the Planning Commission recommend � to Council approva.i of the requ�st for rezoning; ZOA #;75--03, by the Cit� of Fridley, to rezone from M-2 (heavy industrial areas) to C-2 (qeneral business areas), a previous- • Iy public otimed parcel, that part of Lot 38, Aud�tox`s Subdivision No. 39, so this , property wi11 be zon�d to conform with the present use, the same being 3720 East River Road N.E. a I� Mr. Harris said he hoped the Council understood that this was spot rezoning. UPON A VOICE VOTE, all voting aye, the motion carried ananimously. � 4. REQUEST FOR TREE REh10VAL: ISLANDS OF PEACE Mr. Narris said it was h�s understanding that the Parks & Recreation Commission thad not acted on this request as yet due to an oversight at their last meeting. Mr. Boardman said there were two ways the Planning Commission could handle this. � They could table the request until after the Parks and Recreat�on Commission had made a recommendation, or review the request at this time, and suggest denial or approval, subject to the Parks & Recreation Commission reeommendation. � i � � Mr. Qoardman said these were not diseased trees, but in order to get a bridge � in that would r�eet the handicap requirements, th�y were going to have to do some regrading in the area. They wouldn't know how many trees they would have to remove until actual constructionstarted.. They were asking for removal of a maximum of ten trees, but they hope it will be much less than that, and would make an effort to save � all the trees. It was just in case they have to remove some trees, they want to have prior approval, so �hat construction wouldn't have to be held up, once it starts. Ntr. 8oardman said the City does have a regrading plan, but it doesn't show `•. , , f� �� � Planninq Commission Meetinq May 7, 1975 '� ' Page 8 which trees might have to be removed, because this was a heavily wooded area, and it would be impossible to draw in the trees. . Mr. Lindblad said that if they had to remove trees to provide a ramp for the handicapped, then they ��rill have to remove the trees. Mr. Qoardman said they were only asking for approval to remove a maximum of ten trees. 2G �� �i I i `' MOTION by Lindblad, seconded by Drigans, that the Plannning Commission recommend approval of �he requesL- for the removal of a m�ximum of 10 trees on the Is].ands of Peace, to a11ow construction of a ramp for the handicapped, subject to the recomme.�nd<3tion of the Parks & Izecreation Commission.. Upon a voice vote, a11 voting aye, the motion carried unanimously.. . 5. PLANNING COMMISSION REORGANIZATION STRUCTURE Mr. Boardman asked the Planning Commissian to look at Exhibit B, and said that � all the changes t'-�y had recommended we}�e underlined. Ne said that when he went through the ordi�unce, he tried to see that everthing was consist�nt. / Mr. Boardman said there were some major changes in the Parks & Recreation Com- ■ mission. He said the paragraph on Powers was removed, and the City Attorney said that paragraph was illegal, so it; was just as well it was out. � Mr. Boardman said we added 'Purpose' to the Planning Commission, Parks & � Recreation Commission, and the Appea1s Commission. He said the Environmental Quality Commission already had this section, and it was included for the new Commissions. The � only other thing that had been changed considerablY was that we added 'Organization' to all Commissions. . , Mr. Boardman said the other things that were underlined are either changes in titles or in the number system Ar clarification of existing paragraphs. . Mr. Langenfeld said the Enviranmental Quality Commission minutes hadn't been �� completed yet, but they had made two recommendations. He said one of the stipulations • had been met in that all the Commissions follow the same form, and the other stipulation was that it should be mandatory that each ward be represented on each Com,nission. ,• , Mr. 6oardman said that the Council follows that.as much as possible now, and we . did state that an attempt be made to have representation from each ward. � � � � � Mr. Drigans said it t�as not always possible to find someone in each ward who was willing to serve. He felt that at the Commission level, it was important that each member consider what 4aas best for the entire City, and that it was less significant than which ward they came from. He said that it was importan� that the persons appointed to Commissions have a willingness to serve, the capability to serve, and the time to serve. He felt it was more desirable to find well qualified individuals and as they were all volunteers, it was more important to find people who w�uld serve � the entire City. Mr. Langenfeld�saidthat at�this meeting lie did stress that the " qualifications were important. . Mr. Boardman said he was anxious to have these changes on the May 12th Council .agenda, the date of the Pulilic Hearing, because he thought these changes would make . it a much better ordinance. � � � Mr. Drigans asked what changes had been made.inthe Park & Recreation Commission? Mr. Boardman said that on page 3 of the first ordinance that starts out,'under Scope, 2nd paragraph, "7he Parks and Recreation shall advise the City Manager and City LJ Planning Commission Meeting - May 7, 1975 P��e 9 LJ Council....,......, if�at has a11 been found illegal , w�s suggested i:hat this be removed. Also under the Section �O1.04 Po���er. This section has been changed � thing that was under Power, has been changed to fit � i � , � � ' 2 � by the City Attorney, and it old ordinance there was a to read 'Organization". Every Organization. Mr. Drigans said what happen�d to the thing about the land, the budget, arid what happens to gifts and ��r�hat have you, v�as this only to Council? Mr. Boardman said th�s was only for Council, because the Parks & Recreation Commission does not have the legal authority to do i;his, hir. 6oardman said the only dif�erence between the oi:her Commissions, and the Parks & Recreation Com�nission was under Funds and Annual Report and Program. Mr. Dri.gans said that in the second paragraph under Scope in the amended ordinance (Exhibit B) it says, "The Parks and Recreation Commissien shall advise the Ci�:y Council, upon a policy review by the Planning Commission, in the development of programs.......hir. Drigans said it seemed to him that in the matiers relating.�:o the recreational programs, thai tne Planning Con�mission shoul.d revie�v those in terms of ��olicy review, to see if those are the programs in long range comm�nity planning, that meet the goals of our recreational activities. Mr. Boardman said �his was ��rhat that paragraph said. He said the entire paragraph reads, "The Parks and Recreation Commission shall advise the City Council, upon a po�icy review by the Planning Commission, in the development of programs �;o give increased effective- ness and direct�on in implementing estab7ished City goals, policies and framework, and recommend actions as needed to provide par4: and recreational opportunities," Mr. Boardman said tivhat this was saying was that anything the Parks & Recreation Commission set.s up in implementing goais and recommendations, has to be reviewed� by the Pianning Commission. t�lr. Dr�gans said that under Reports, it states that in matters relatir�g to the recreation program, it will go directly to Council. He felt .this vaas a conflict. f�lr. Boardman said that was his mistake. He then questioned whether this sho;�ld be taken out altogether, since it was being covered under S�ope. Mr. Driqans said he felt°the Human Resources Commission ti�vas the weakest part of the re�rganization, Mr. Boardman said this 4��ould be handled in the goals and objectives. He said thai; everythi►�g that would be done would have a human element to it. If yeu set up a goal in transportaion, that had a hurnan aspect to it. How 1 i t id be set u on transpartion going to affect the elderly? 4�Jould was the goa t�a wou p , tf�e transportation system developed allow them to have full use of the Metropolitan . area? He said he felt the City needed that Commission in order to provide the impetus as far as the human element in our community. . � � � � � � � � Mr. Boardman sa�d he though�; �1r. Drigans had mac�e a g�od point on the Report portion of the Parks & Recreation Commission. P1r. Qoardman said he knew the Planning Commission didn't ���an�; to get involved with the budgetary process, but the concern af the Planning Ca»mission was that what they ��rere providing through tlie recreation budget fits ii�to �he goals and objectives of the Community. Mr. Drigans said �hat maybe the Parks & Recreation were spending too much money on one group and not enough on another, when it comes to recreational activities. This would not be meeting the broad recreational goals of the community. Mr. Qoardman said this would not necessarily show up in budgetary reports but in the capital improvement program. Mr. •; Dri gans ' sai d the Plannin g Commission wouldn't see that. Mr. Boardman said they } would see the capital iinprovement program. Mr. Narris said this wouldn't te l l us � if they were spending $100,000 on softball and $5.80 on the�hockey program. Mr. G; Boardman said he didn't think they would want to get involved in the budget, and �:. what should be�'eviewed �y the Planning Commission are the recreational programs, } capitoi improvements and their facilities. � I� Planning Commission Meetinc� - May 7, 1975 � � Page 10 _ __ . 2I �, � Mr. Drigans said that the Planning Comnjission would like to know the money being spent on various programs, not to give approval or disapproval of the money being spent, but just to use it �or a yardstick to weigh against other recreational 1 programs. r�^r. Qoardman�said what the Planning Commission wanted to know was what recreational programs ���ere being provided, and what facilities were being used for these proyrams. Mr. Drigans said they ti•�ould ���ant to determine if the amount spent on any program was justified by the participation of the residents of Fridley, or � are tax dollars going for facilities for people who live outside the community. h1r. Drigans said they just want to review the budget in t;erms of participation. Mr. Boardman said they coulcl leave Annual Reports out of the Parks & Recreation Commission and chanye Report to read the same as the Environmental Quality Commissi;on. � MOTION by Drigans, seconded by Lindblad, that the P3anning Commission recommend to Council F.x�ibit B, as amended, and with i�he changes made in Exhibit B as discussed at this m�=�ting. Upon a voice vote, a11 voting aye, the motion carried unanimously. � Note: Exhibit B as presented to the Council for their May .Z2, 1975 Agenda included a11 the cl�anges m�ntioned in the motion. � 6. REGEIVE BIKEI�AY PROPOSAL � MOTION by Drigans, seconded by Lindblad, that the P.ianninq Commission receive �, the Bikeway Proposal and have it put on their May 2 1, .1975 agenda for discussion. Upon a voice vote, a11 voting aye, the motion carried unanimously. 7. SET INFOR��1AL HEARIi�G ON VAC.ATION REQUEST, SAV ,#75-03, BY P1ACHINING, INC.: , To vacate the alley bet���een Ashton Avenue and the railroad tracks in Block 5, . Spring Qrook Park Addition. � A90TION by Lindblad, seconded by Drigans, that the Planning Commission hold an informal hearing on a request foz a vacation, SA V#75-03, by hlachining, Inc., on May 21, 1975, and that a11 affected property own�rs be notified of this hearing. Upon a � � voice vote, a11 voting aye, the motion carried unanimously. � 8. SET DATE FOR t+IORKSHOP MEETI�G Mr. 6oardman said that tt�e Planning Commission usually had their workshop meeting the same night as the Public Hearing meeting of the Council. This.would be May 12th. The Council will be having the Public Hearing on the Planning Commission reorganization on that date, and he though� as many members as possible from the Planning Commission should b�e at ihe Public Hearing. Mr. Harris said he agreed, and urged as many members as possible to come to this meeting. He said the workshop meeting could be changed to Wednesday, May 14th. � Mr. Harris declared that the workshop meeting of the Planning Commission be , held on the 14th of May at 7:30 P.M. • ADJOURNMENT: MOTIDN by Lindblad, seconded by Drigans, that the meeting be adjourned. Upon a . voice vote, a11 voting�aye, Chairr,ian Harris declared the Planning Commission meeting pf May 7, Z975 adjourned at 11.:22 P.M. . Res ctively submi ted, � '����✓ ecret'�Fy"'- �'� ,.. o�iy -�v�e on, � , �! . . , 1� s. ' ' ' TFiE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTE� MEETING OF I•1AY 13, 1975 The meeting was called to order by Chairman Drigans at 7:30 P.M. NiE.^�1BERS PRESENT: Drigans, Crowder, Gabel, Plemel, Wahlberg MEMBERS ABSENT: None. OTHERS PRESENT: Howard Mattson, Engineering Aide Mrs. Wahlberg asked if the City Attorney had responded to her request for a report on non-conforming uses as far as time limits were concerned. Chairman Drigans said he had not received any report on this and Mr. P�attson said he also had not heard anything on this. ' MOTION by Crowder, seconded by Wahlberg, to approve the minute.s of the April 29, 1975 meet�.ng as written. Upon a voice vote, there being no nays, the motion carried. ' , I, A RE9UEST FOR A VARIANCE OF SECTION 205.053, 4, B4, FRIDLEY CTTY CODE, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE FROM THE REQUIRED 5 FEET TO 3 FEET, TO ALLOW TIiE CONSTRUCTION OF APJ ATTACHED GARAGE TO BE LOCATED ON LOT 7, BLOCK 8, DONt1AY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 621-58TH AVENUE N.E., FRIDLEY, MINNESOTA 55432. (REQLi.ST BY MR. THOMAS CORBETT, 621 - 58TH AVENUE N.E., FRIDLEY, MINNESOTA.) , MOTION by Crowder, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. , Mr. Tom Corbett was present to present his request. A survey of the lot, showing the proposed construction, was shown to tr�e Board. '. Mr. Corhett said he would like to attach•the garage to the east side of his home. Mr. Crowder asked if the neighbor to the east has a garage. Mr. Corbett said he does not, but his neighbor's house is located on the property the same ' as his, so if he was to build a garage, it would also be placed to the east of the dwelling. Mrs. Wahlberg asked if Mr. Corbett had considered putting the garage behind the dwelling. Mr. Corbett said he had considered it, but he also plans to add a 16 foot by 22 foot addition onto the back of his house, ' to be used as a family room, so he would like the garage located as proposed. Mr. Crowder asked if there is a slab there now and Mr. Corbett said there is nothing there now. Mr. Corbett added he had talked to the neighbor to the 1 east, and he had no objections as long as the garage wasn't going to the lot line. Mr. Crowder asked how the slope of the roof on tne garage will be and Mr. Corbett said the hipp roof will be extended. ' , i � Mrs. Wahlberg asked how the fire trucks would get to�a fire if it was on the back of the house. Mr. Crowder asked what is on the lot to the west. Mr. Corbett said there is a house and garage that is about S feet from the common lot line. Mrs. Wahlberg asked if there is an alley behind the properties. Mr. Corbett said there is a 30 foot street easementa Mrs. Gabel asked if a fire truck could get to the house on this easement and Mr. Corbett said it could. Mr. Crowder asked if they are a 1 or 2 car family. Mr. Corbett said they have only l car nQw but his son will probably be getting a license soon and then they will have 2 or more cars. � � LJ � ' � � , � � , � 1 r ' � � F � Page 2 The Minutes of the Board of Ap eals Subco�nittee �eeting of _May 13, 1975 Mr. Crowder asked if the construction had been discussed with the neighbor. Mr. Mattson said he had received a call from the neighbor and there was no objections as long as the garage was not going to go to the lot line. Mr. Corbett added that the neighbor had also mentioned not disturbing the fence between the two properties. Chairman Drigans asked Mr. Mattson if the City staff had any comments on this. Mr. Mattson said a firewall had been discussed for the east end of the garage since it will be so close to the lot line. Mr. Corbett said he knew he had to install a firewall between �he living area and the garage but did not understand why he needed one on the east end of the garage. Mr. Crowder said that with the overhang on the garage and on the adjoining house, the structures would be getting pretty close together. Mr. Corbett said he had no objection to installing the firewall. Chairman Drigans said this can be worked out with the administration when the building permit is applied for. McTION by Gabel, seconded by Crowder, �o close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans said it seems to him that the hardship is the size of the garage and the proximity to the property line. He said the garage width, 21.6 feet, is about the minimum for a double garage. MOTION by Gabel, seconded by Crowder, to recommend to the City Council, approval of the side yard variance from 5 feet to 3 feet. Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS F'OLLOWS: SECTION 205.�.03, 4, A2, TO REDUCE THE SETBACK FOR THE MAII� STRUCTURE, FROM A PUBLIC RIGHT OF WAY, FROM THE REQUIRED 80 FEET TO 54 FEET AIANG 79th AVENUE (NORTH LOT LINE), AND, SECTION 205.103, 4, A2, TO REDUCE THE SETBACK FOR THE MAIN STRUCTURE FROM . A PUBLIC RIGHT OF WAY, FROM THE REQUIRED 80 FEET TO 54 FEET ALONG EAST RIVER ROAD (SOUTH LOT L2NE), AI3D, SECTION 205.103, 4, A2, TO REDUCE THE SETBACK FOR THE MAIN STRUCTURE FP.OM A PUBLIC RIGHT OF WAY, FRONI THE REQUIRED 80 FEET TO 20 FEET ALONG LINCOLN STREET (EAST LOT LINE), AND, SECTION 205.103, 4B, TO REDUCE THE SIDE YARD SETBACK FROM THE RE�UTRED 15 FEET TO 10 FEET ALONG THE SOUTH LQT LINE, AND, SECTION 2Q5.104, l, E2, TO ALLOW OFF STREET PARKI1�iG TO BE WITHIN 5 FEET OF THE FRONT LOT LINE INSTEAD OF SET BACiC THE REQUIRED 20 FEET, AND, SECTZON 205.103, 4, C2, TO REDUCE THE REAR YARD SETBACK FRO M THE RE UQ IRED 25 FEET TO 20 FEET, AND, SECTION 2Q5..103, 6B, TO REDUCE THE SETBACK FROM THE BOUNDARY LINE OF ANOTHER ZONING DISTRICT (R-3) FROM 50 FEET TO 10 FEET (SOUTH LOT LINE), ALL TO ALLOW THE CONSTRUCTION.OF A SPECULATIVE BUILDING (COMMERCIAL) TO BE LOCATED ON LOT 1, BLOCK 1, PEARSON'S 1ST ADDITION, THE SAME BEING 7899 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY MERIDIAN CORPORATION, 15 SOUTH 9TH STREET, MINNEAPOLIS, MINNESOTA.) MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr..David E. Nordale and Mr. David M. Noyes, of the Meridian Corporation, were present to present the request. Page 3 The Minutes of the Board of Appeals Subcommitte� Meetinq of May 13, 1975 � The proposed plot plan was shown to the Board fox their review. Chairman Drigans said he had received a letter from Mr. Fudali, who is the attorney for� general,partner of, and developer of the Meadow Run Apartments, the adjoining property, objecting to the variances. Chairman Drigans read the letter to the Board, He also gave a copy of the letter to Mr. Noyes. MOTION by Wahlberg� seconded by Gabel, to receive the letter from Mr. Fudali objecting to the variances. Upon a voice vote, there being no nays, the motion carried. Chairman Driqans read to the Board, the stated hardships for the variances from the application. The application stated, "Due to street setback requirements on three sides, the buildable area is only about 4� (1825 square feet) of the total site area of about 42,226 square feet. This is an extremely low coverage figure. In addition the angled qeometry of the property makes for an unusual configuration if the site is to be utilized properly or to its even small buildable maximum." Mr. Mattson showed the Board a plot plan that had been drawn up conforming to � the setbacks. Mr. Richard Fudali, and Mr. Larry Miller of 7889 Firwood Way, came forward to see the plans. N,r.. Nordale explained that if you use the zoning setback requirements, that are in existance, from the street, because of the geometry of the shape of the lot, that means by the time you set back all of these distances you would end up with only a 800 square foot parcel and.a 900 square foot parcel that would be buildable. He said that is a very low buildable area for a lot that is zoned commercial. He said it seems this would impose a hardship on anyone that would try to sell or develop this property. Mr. Noyes said that originally the owners proposed to build a gas station at this location and they took this proposal as a second choice. He said their proposal is for a 7-11 food store and possibly a coin operated laundry and a Payless shoe store. He said the purpose for the buying of this property was for putting in a gas station and this is their second choice. Chairman Drigans asked Mr. Mattson if he could give the history of the property as far as zoning. Mr. Mattson explained that before July of 1969 the property in question was part of a commercially zoned strip running from 77th Way to 79th Way along East River Road. Then in July of 1969 a portion ot that strip was rezoned R-3A along with some M-1 property east of the commercial strip and next to the tracks. This was done to enlarqe an exis�.ing R-3 area in between the commercial strip on East River Road - and the M-1 strip along the tracks, for the purpose of accommodating a large apartment complex. This action left 2 pieces of C-2S property; one just north of 77�h Way al.ong East River Road,and the subject property just south of 79th Way along East River Road. This same subject property was left bounded on two sides by right of ways and partially on a third side by another right of way. The resultant setback requirements have given rise to the present hardships in building on the subject property within Code. � Page 4 The Minutes of the Board of Appeals Subcommittee Meeting of May 13, 1975 Chairman Drigans asked Mr. Mattson to point out each variance on the plot plan. Mr. Mattson said the variances as listed in the public hearing are marked as A through G consecutively on the plot plan. Mr. Mattson added that #C should be changed in the public hearing notice to read Lincoln Street instead of East River Road. Mr. Plemel asked if access for this property would be off from 79tYi Way, East River Road, or Lincoln Street. Mr. Mattson said the property would use all three roads. Cha.irman Drigans asked what the object of Lincoln 5treet is and Mr. Crowder asked who maintains it. Mr. Fudali said the street is used as an access to the apartments and his plows usually maintain it. Mr. Plemel asked if there would be left turns made onto East River Road from this property. Mr. Fudali stated that he didn't think left turns would be permitted, as on his building permit, it was stipulated that a sign be installed that no left turns be permitted onto East River Road from the apartment roadp so somebody going south would have to come out on 79th to be legal. � Mr. Nordale said he would like to make a general comment about the varianr:�s and that was that if you took the same basic mass and juggled it, unless you went to an unusual shape you would always be affected by variances. He said the reason they pushed the building back, toward the east, was for parking and setting back as far as possible from East River Road. Chairman Drigans said he was concerned �.hat_the request said for a speculative building and he • wondered what type of study was done to determine that a dairy store and laundromat were needed. Mr..Noyes said that they were approached by �he owners of the property, as Meridian Corporation are developers and in this type of business, and the owners said that they hacl talked with the City staff who informed them there should be no problems with this type of business. He said they have a working relationship with the 7-11 Stores who they feel are an excellent small food aperation and they ran lots of studies on this particular site, as traffic counts, etc., and they felt there was a definite need in this area for a store. Mr. Noyes said the owner felt because of the qas situation, that this proposal was an alternative. He added that 7-11 is interested in a long term lease and the other portion of the building has no definite tenants yet. He said it could be broken up and used for doctor off ices as long as the business was al.lowed by the Code. Chairman Drigans said they then would not be asking for a special use or a rezoning after the building is up, in order to rent it. Mr. Noyes said they would not. Mr. Crowder asked if 7-11 stores have a basic square footage that they go with normally, Mr. Noyes said that 7-11 likes the 2400 square feet. Mr, Crowder said if the building was to be built for just the 7-11 stoze, would it be just half the proposed building. Mr. Noyes said because of the cost of land, they couldn't afford to build a 2400 square foot building tor just 7-11. Mr. Noyes said he was not aware that there was any opposition to this type of business, in fact, they thought because of the residential neighborhood and apartments, that this business would be an asset to the neighborhood. Mxs. Wahlberg asked what the size of the other half of the building is. Mr. Noyes said the 7-11 store would have 2400 square feet and there would be 2800 square feet in the rest of the building. Mr. Crowder asked if the 41 parking stalls was arrived at by the total of these two figures or 5200 square feet. Mr. Mattson said it was determined for the 7-11 store and the res� of the building being office space. Page 5 The Minutes of the Board of Appeals Subcommittee Meetin� of May 13, 1975 Mr. Fudali said he would like to comment on the hardships stated. He said the situation here is one where the price of the land is so high that they have to add square footage onto the building for some commercial purpose for which they are not certain as yet. He said la�andry facilities were mentioned for examp2e, and he added that the apartments have 15 Zaundry rooMS so they have plenty of l.aundry facilities. Mr. Noy�s said to just eliminate the laundry facilities then as he was not sure of what would be going into the building. Mr. Fudali continued that here is a situation where East River Road is practieally famous on a state level for the number of accidents because of the number of vehicles and speed of the vehicles that travel this road. He said �here are approximately 450 automobiles that have only two ways to get in and out of the Meadow Run Apartments; one is Lincoln Street and the other is East River Road. He said that if they are going to go south, which most of them do �s they work toward downtown, they are supposed to go out Lincoln Street rather th�n East River Road so you have during the working hours, 300 to 450 cars between the hours of 7-9 ingressing and egressing onto East River Road. He said when they went through obtaining the apartment building permits, one of the things the Council specifically required was that there be no curb cuts w��t so ever along East River Road and that Lincoln Street be the only source of ingress and egress. He said when the people bought this subject property it was platted like this and the ordinances were in existance, and anybody could have determined what could be built cn this property or what could not be built on thi.s property. He said they wanted to build a filling station and that went into court, and is now a dead issue. Mr. Fudali said for them to now realize what they want as far as dollars for the property, this large building, or larqer than required building, has to be built on the property and so they come now with all these variances. • Mr. Fudali said he had no objection to any variance under any circumstance which first is a result of a tru2 legitimate hardship, and this is no legitimate harship as far as the zoning is concerned because this was platted when the owners bought it. He added he also had no objections to variances if they did not af£ect the surrounding property in any way, then even if there is no hardship, and granting the variances will faci]_itate an improvement which is going to bring tax base and a use for the community, then it should proced�. He said not withstanding the fact that he felt there is no hardship here, other than the fact that they want to yield a certain number of dollars from their property, he would have no objection to the "�" and "G" variances because they in no way trouble the other properties as far as the safety point of view. He said.as far as "C" and "F" are concerned, they are completely blocking the East River Road visual situation. He said if he would have asked for and received variances for setbacks on the Meadow Run Apartments, he could have saved well over $100,000 because of the construction probZems they encotzntered in holding the building tight to the creek, and this was a hardship as far as dollars was concerned, but the situation of safety was more paramount and no variances were asked for. He said the setbacks are set up by the City to create good visual lines of sight so that people can see other people moving back and forth in automobiles and he felt that each one of these variances asked for, except °D" and "G", will impair the vision. He said from an aesthetic point of view, the back of this building will be an eyesore to his tenants because of the trash containers and storaqe. Mr. Fudali continued that for 300 families there are only two.roads, and leaving the complex means_they have to use East River Road and for him, as the owner o£ the apartments, he has to be concerned with the deveZopment of this lot. He said in this instance, there is a building that is less than half leased out and alI we know about the other part is that it will meet the Code, so we don't know how it will benefit the commtinity and yet this Board is asked to make determinations and grant variances which are going to impair the Fage 7 The Minutes of the Board of Appeals Subcommittee Meetin� of May 13, 1975 Mrs. Gabel asked if this property was being bought contingent upon the variances being appr.oved. Mr. Ncyes �aid the owners of this property are just desirous of developing their property as best as they can. He said Meridian Cor�oration is just the developer and contractor. He said he feZt that 7-11 would be an asset in the residential neighborhood. He said the Chamber of Commerce has a number of people who would want to qo into this type of facility and they will be quite restrictive in selec�ing tenants. Chairman Drigans asked if this proposal had been before Building Standards. Mr. Nordale said he thought they would be going to that Board at their next meeting. There was a discussion on moving the building �oward East River Road. Mr. Fudali said 'ne would like to see a larger green area and have it stay as far away from 79th Way and Lincoln as possible. Mrs. Wahlberg said the building is proposed 54 feet from 79th Way and from a visual safety standpoint that should be ample. Mr. Fudali sai� the Code says it should be 80 feet and this must have been studied before it was made a requirement. Iie said there a�a lots of reasons for the setbacks, one of them being visual, and another is to avoid condemnations when roads are widened, and another is to have larger green areas. Mrs. Wahlberg asked if there is any boulevard on 79th 6tiTay or if the property starts at the curb. Mr. �udali said he didn�t know but he added that 79th is a state aid street and once that road continues over the tracks it wi11 be an awfully popular road Zike Osborne or Mississippi, and he said he could imagine 79th Way being widened. Mr. Fudali said'they have land along 79th ��ay but all they Yiave along that area is berming. He said the building are way off from 79th. Mr. Mattson said he did not know how big the boulevard is along 79th Way. Chairman Drigans said it l�oks like there is a 20 foot bou.levard along East River Road. Mr. Nordale said he thought it was about 20 feet. Chairman Drigans said it also looxed Iike there was an easement alo�g the property, There was a discussion on both of these as far as the relationship to the property line and as far as �idening East River Road. No definite dimensions were determined. Chairman Drigans said one of the areas that will have to be discussed, but not with this Committee, is the lighting as this is one of the problems with commercial property along East:'River Road. There was then a discussion on alternate locations for the b�iilding on the lot. , Chairman Dri.gans noted that because of the shape of the lot, the �otal area of tiie buiZciing }ias only 18� lot coverage whi.ch is considerably less than the � 40� allowed per the Code. Mr. Crowder noted that even if only part oi this � building was built, it would still need many of the same variances being asked foz'. Mr. Mattson said that in determining this location for the building on the lot, it was felt that even though it may not be the ideal location, it is the � most appropriate location for the shape of the lot. He saic2 such .things as i, � refuse and storage areas might be better placed in the side�instead of the , back but this would be determined by Building Standards. I� MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. � � � ' , Ll � � � � � � � .' � I � r .Page 8 �^he Minutes of the Board o£ A�peals Subcommittee Meeting of May 13, 1975 __ Chairman Drigans said the hardship is the lot size and Mr. PZemel acided that it is more the lot shape with reJationship ta all the setbacks. Mrs. Wahlberg asked if it was carrect that the size of th� building determines the number of parking stalls. Mr. Mattson said in this case it is determined by the 7-11 store, being a store, and the rest of tt�e building being used as office space. Chairman Drigans asked if it was thought to be conceivable to have 41 cars here at any one time. Mr. Mattson said he didn't think so. Chairman Drigans asked if as Zong as the space is available, is it necessary to blacktop the entire area for parking. Mr. Mattson said if it is not blacktopped, it would need another variance. Mr. Crowder said variance "E" could be eliminated as it is only needed for 3 cars to back out of the stalls but then they would iieed a reduction in stalls from 41 to 38. He said since we don't know what is going into the other half of the building, and according to the Code it could be a number of things, it is conceivable that the stalls wi1Z be needed. Chairma.n Drigans said it would be easier to give them a variance on parking stalls as there is no other place to park because they can't park on the streeto Mrs. Wahlberg said unless you get something in there like a V.F.W., the parking stalls could be reduced. . Mr. Crowder sai.d this woul.d eliminate one variance but we would have to grant a variance on the number of stalls. Chairman Drigans added that this change would areate more green area. Mr. Crowder said that this idea is we�l taken and he felt it should be in the motion that if Building Standards wanted more green area instead of all the parking stalls, that the Board would entertain the deviation. Mr. Nordale said they would prefer this also if it could be done, assuming that the stalls would not be needed for the tenants. Mrs. Wahlberg said she would like to know if in a 7-11 store, if the deliveries are made in the front or in the back. Mr. Nordale said the way it is set up at present, it could be on either the side or back anc3 he added that the general deliveries are made during the day and these could also go in the front. Mrs. Wahlberg asked if there would be access to the refuse containers if these were place� along the back of the buiZding. Mr. Nordale said this is usually handled by screening w�th access to it. He said there hasn't been the need for any direct immediate pick-up, Mrs. Wahlberg said the reason she is asking is that a driveway in the back might need another variance, A4ro Mattson said this hac3 been discussed with the Planning Assistant and he'was sure it could be worked out. There was a discussion on moving the building west but it was determined that this could possibly__infringe on the easement. Mr. Crowder said this looks like a very unfortunate situation of C-2S which is an all encompassing thing, anything from an office to a store, and because of the shape of the land and the fact that there are three street, basically one being a half street, he felt he was in agreement witr granting all of the variances that are being requested and =urther he would make a recommendation following that, that the next body considering this, make a determination as to whether. 41 stalls are really necessary. He said he would just as soon see variance "E" eliminated and possibly a rearrangement ,of the whole parking area. MOTION by Wahlberg, seconded by Gabel, to recommend to the City Council, approval of the variances, referred to as "A" through "G" as requested by Meridian Corporation, with the following suggestions; 1. On the direct access to East River Road that there be a sign installed stating "No Left Turn". 2. The next body to consider t'�is, be it Building Standards or the City Council, consider the Board's recommendation to eliminate variance "E" by eliminating 3 existing stalls on the northwest corner of the property in the hope that this area be turned in green area. � The Minutes of the Board of Appeals Subcomm�ittee Meetir�g of May 13, 1975 Page 9 � Chairman Drigans said he could see consid�rably more stalls being eliminated, Mrs. Wahlberg said that until the Board knows what tenants are going into the building, it is hard to determine how many stalls are ac�tually needed. �. She said depending�on the tenant, more could be eliminated but she said she would like to reserve judgement on it. She said it could aiso fluctuate as the tenants change. Chairman Drigans said the space is available and the stalls could be put in, if needed, at a later date. Mrs, Wahlberg said if the ' Board gives a kind of blanket variance on this, they would be setting a precedent for other commercial sites that come along. A VOTE UPON THE MOTION, ail voting aye, the motian carrie@. 3. A REQUEST FOR A TIME EXTENSION ON VARIP,PdCE5 OF THE FRIDLEY CITY CODE THAT H1�D PREVIOUSLY BEEN APPROVED: SECTION 205.074, 3, TO REDUCE THE REOUIIZED LAUNDRY SPACE FROM 1 900 SQUAPtiE FEET TO 1110 SQUARE FEET, SECTION 205.175, 1D, TO REbUCE THE MINIMUM WIDTH OF PARKING STALLS FROM 10 FEET TO 9.2 FEET, SECTION 205.174, 4, TO INCREA5E THE IvUr.BER OP EFFICIENCY APARTMENTS ALLOWED FROM 3 APARTMENTS 'I'O 30 APARTi�IENi"�, SECTION 205.073, 1, A2, TO REDUCE THE MINIMUM LOT AREA PER DWELLING UNIT FROM 2500 SQJARE FEET TO 1721a4 SOUARE FEET, TO ALLOW THE CONSTF2UCTION OF AN 144 UNIT APARTM�NT COMPLEX TO BE LOCATED ON THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTH64EST QUARTEI2 OF SECTION 14, T-30, R-24, EXCEPT THE SOUTH 185.0 FEET THEREQF AND EXCEPT PARCELS A AND B, THE SAME BEING BORDERED BY 63RD AVENUE ON THE SOUTH, P4ISSISSiPPI STREET ON THE NORTH� 7TH STREET ON THE EAST, AND 5TH STREET UN THE L4��T, THE SAMF BEING 6451-5TH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY THE WALL CORPORATIGN, 82C50'NORMANDALE SOULEVARll, BLOOMINGTON, MINNESOTA 55437.) MOTION by Crowder, seconded by Wahlberg, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. There was no one present to present the requesto � Mr. A. F. Miller, 525 Bennett Drive, was present to object to the request. Mr. Crowder asked if the Board hadn't approved all of these variances before, and also askea if the Council hadn°t approved them. Mr. Mattson said the variances had been approved one year ago, and since approval is only valid for one year if construction is not begun, th.e Wall Corporation is asking ior a time extension on this approval. Mro Miller said he did not understand from the public hearing notice that this was just a time extension. Mr. Miller asked how much of an extension was being asked for. Mr. Crowder answered that he thought it would be a one year extension. Mr. Crowder asked if these variances were exactly the same as when they were approved before, Mr. Mattson said they are the same, that there has been no chanqes in any way with the proposal. Mr. Miller asked if the lots along 7th Street were still going to be residential. , Chairman Drigans said that is the way they were plotted so they would stay residential. . Mr. Plemel said since all.of the variances were granted before, and the proposal has not been changed, he said he would go along with the time extension. Mrs. Wahlberg said she didn't agree with this. She said this is about the third year that the City has dealt with this piece of property and she said she f eTt that as a City and as a Board, we have bent over backwards to accomodate Wall Corporation in everyway possible. She said she realizes that mortgage money is tight but she said the Wall Corporation assureci the Board one year ago that they were C� II � -� � � � � , u � P�ge 10 The Minutes of the Boar.d of Appeals Subcommittee Meeting of May 13, 1975 ready to build. �he said she was.just leary that if the Board was to grant a years extension on �he variances; #I If t�a1Z Corporation would even start construction, and, #2 That they might not anyway, as they review the changing market, they might want a totally different plan. Mr. Crowder said he thought this might be true, and he asked if the Board had to grant a full year for the extension or could it just be granted for 60 or 90 days. Chairman Drigans said he felt they would need a legal opinion on this. He said he felt the petitioner should appear to show the hardship as to why construction has not started, and to tell the Board how much of an extension is needed, Mr. Mi1Zer said he would like to go on record as opposing any extension of time being qranted. The Board wanted to know what the Code read as far as an extension of time. Chairman Drigans read Section 205.188, Lapse of Variance by Non-Use from the City Code. Tnis section stated, "Whenever within one (1) year after granting a variance the �recipient of the variance shall not have completed the work as permitted by the variance, then such varianc: shall become null and vaid unless� a petition for extension of time in whicli to complete th� work has been granted by the Board of Appeals. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to complete the work permittecl in the variance. Such petition shall be presented to the Board of Appeals for hearing and decision in the same manner as the original request for variance.° Chairman Drigans read to the Board, the letter written to the Wall Corporation , by Darrel Clark, informing them that the�variances would expire if an e�tensior� of time was not requested or construction was not start�d before June 3, 1975. Chairman Drigans also read the letter in answer from the Wall Corporation dated � . April 25, 1975 and directed to the City Manager which requested a years time extension on the variances. Chairman Drigans also read parts of a letter from the Wall Corparation, dated April 25, 1975, and directed to Darrel Clark, which � went over the items that need to be resolved before a building permit could be issued for the project. Mr. Crowder said based on the fact that the letter specifically asks for a � years extension, and also since the letter states the project has been submitted to F.H.A. for final approval, he said he wou�d be inclined to go along with the time extension. , MOTION by Wahlberg, seconded by Plemel, to receive the three letters read by Chairman Drigans. Upon a voice vote, there being no nays, the motion carried. �I � � � � Mr. Mil.ler said he feit that since there was no one present to present this request, and since there wexe objections to the request, he felt it should be denied. MOTION by Crowder, seconded by Plemel, to close the public hearingo Upon a voice vote, there being no nays, the motion carried. Ghairman Drigans said that the Board should maybe recommend to the City Council, waiving the action on the time extension until after the final appr�val on this project has been obtained from F.H.A. He said if F.H.A..doesn't approve �he project, then the applicant is sitting with something that he has another years approval on. Mr. Mattson said the applicant has gotten approval on requests before, and then has come back in a month with completely different plans for other requests. He said if approval was given on this plan, the � I� �� � 7'he Minutes of the Board of Appeals Subcommittee Meeting of May 13, 1975 Page 11 � applicant would not be bound to stay with tliis plan. Mr. Piemel nated that if the Board was to table this request, then they c;ould find out what is going on with the F.H.A. approval before givinc� a time extension. MOTION by Crowder,.seconded by Plemel, based on the letter received from the Wall Corpuration through the City Manager whioh says the project has been submitted to the F.i��A. for final approval, and they are not sure how long that W�ii take, to recommend to �he City Council approval of the time extension. Mrs.. Wahlberg said she would have to vote against this motion for the following reasons; 1. Because she feels the applican� at this point has already had one year to come up with some kind of financing, in fact alZ during the time the plans v�ere being approved the applicant had time to cor.le up with tentative financing and now it seems the Board is being asked to grant a blanket approval for another years time and she objects to it. 2. She objects to the fact that the applicant was not present to give the Board the opportunity of his personal testimony as to why the Board should approve the request. Mrs. Gabel said she agreed with this and she also felt there was not a sufficient axplanation in the letter as zo ' why this should be approved. A VOTCE VOTE UPON THE MOTION, Plemel and Crowder voting aye, WahZberg, Gabel and Drigans voting nay, the motion DID NOT CARRY. MOTION by Wahlberg, seconded by Plemel, tb recommend to the City Council, tabling this request until the next re,ular meeting, (May 27, 1975), at which time the Roard would like the petitioner to appear, and this would still allow ample time before the variances become vqid. A VOTE UPUN THE MOTION, Wahlberg and Drigans voting aye, Gable, Plemel and Crowder voting nay, the motion DID NOT CARRY. Chairman Driqans asked Mrs. Gabel, since she voted against both motions, what she wouZd vote for. P�Lrs. Gabel said she would vote to deny the request. Chairman Dr.igans said the reason he wants the petitioner present at the meeting is bec� use the Code states the request shall state facts showing a good faith attempt to complete the work and �he applicants letter, in his judgement, doesn't state that there has been a gooci faith attempto b7rs. Gabel agreed with this. N3rs. Wahlberg said her reason ior tabiing as to totally denving the request is, should th� applicant get F.H.A. anproval and the Board denies these variances, then the applicant must wait 6 months to repetition for the same variances. 5he said she felt t.he Board would be placing the applicant in an awkward position. Mro Crowder said that she was assuming t�zat th� City Council would agree with the Board's decision to deny tlie request. The Board questioned whether the petitioner would have to wait 6 months to reapply if the time extension was denied, or if he could cor.►e in the day after the Council meeting and reapply if the Council agreed with the Boardo Chairman Drigans said he felt, that as stated in the Code the request for the extension must state the facts and show good faith that there was an attempt to complete the work, and he said he didn't know where any attempt has been made to complete the work. He said the applicant should be here ta present his case. � Mr. Crowder said that even though he has strong feelings to approve this request, he would go along with tabling to move the request along. � . . Page 12 The Minu�es of the Board of A�peals Subcommittee Meeting of May 13, 1975 MQTION by Wahlberg to reconsider t,abling this request until the neYt meeting, , for the. reasons stated in the first motion. Seconded by Crowder. Upon a voice vote, Wahlberg, Crowder and Drigans voting aye, Gabe3 and Plemel voting nay, the motion CARRIED. � ' I ' , � � �J � , ' � ' , ' I � 4. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.103, 4, C1, TO I2EDUCE THE R.EAR YARD SE'I'BACK FROM 25 FEET TO 20 FEET, AND, SECTION 205.104,1, E3, TO ALLOW OFF-STREET PARKING TO BE WT'rHIN ZERO FEET OF THE MAIN BUILDING INST�AD OF SETBACK THE RE�UIRED 5 FEET, ArID, SECTION 205.104, 1, E2, TO ALLOW OFP-STREET PARKING TO BL WITHIN ZERO F�ET OF A LOT LTNE INSTEAD OF SETBACK THE REQUIRED 5 FEET, THE ABOVE TO ALLOW THE CON5TRUCTTON OF AN ADDITION ONTO TiiE BACK OF AN EXISTING BtJILDING, AND VARIANCES OF. SECTION 205.104, 1F, 4B TO REDUCE THE SETBACK DRIVEWAY PAVEMENT IS TO BE AWAY FROM THE MAIN BUILDING FROM 5 F�ET TO ZERO FEET, 11ND, SECTION 2U5.104, 1, F3, TO REDUCE THE DISTANCE TiiE CUE2B OPENING IS TO BE ALaAY I'RUM A 5TREET RIGHT OF WAY INTERSECTIQN FROM 75 FEET TO 13 FEET, AND, SECTION 205.104, 1F, 4A, TO REDUCE THE DISTANCE DRIVEWAY PAVERIENT MUST BE FROM ANY LOT I�INE FROM 5 FEET TO ZERO FEET, AND, SECTION 205. _103, 4, Al, �'O REDUCE THE ?�'RONT YARD SETB�ICK FOR OFF-STREET PARKING FROM 20 FEET 'r0 13 FEET, AND, SECTION 205.103, 4, AI, TO REDUCE THE FRONT YARD SETBACK FOR OFF-STREET PARKING FROM 20 FEET TO IO F�ET, THE ABOVE TO BRING THE EXISTiIVG BUILDING INTO COMPLIANCE WITH THE CODE, LOCATED ON LOTS 12,13 AND 14, BLOCK 4, REE'S ADDITION TO FRIDLEY PARK, THE 5AME BEING 6389 UNIVERSITY AVENUE N.F., FRIDLEY, MINNESOTA. (REQUEST BY MR. THOMAS RYAN, 638� UNIVERSITY AVENUE N.E., FRIDLEY, MINNE50TA.) MOTION by Gabel, seconded by Crowder, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Ryan was present to present the request. A plot plan of the property and pictures of the existing building were shown to the Board. Mr. Ryan explain�d he wants to enclose the northeast corner of his building. He said his building has four different roof lines now and this addition will meet the Iower level. He said thA facia wiZl continue along the north side of the addition which will i.mprove the looks of the bui].ding as it will hide the different roof levels. Mr. Crowder asked what the addition will be used for. Mr. Ryan said it will be 2 flat stalls with a doorway on the north. Mr. Ryan said he needs the addition as he neecls more room and he needs a space where he can service his rental mobi.Ie home. He said he needs an 11 foot door to get this mobile unit inside the building. He said he has had to service this unit outside the building which is not practical in the winter. Mr. Plemel asked if Mr. Ryan owned this building and Mr. Ryan said that he did. Chairman Drigans said for the Boards infoxmation, the first three variances are for the new addition and the remaining variances are housekeeping variances_on what is existing. Mr. Mattson said that according to the City Attorney, existing variances on a non-conforming building do not have to go before the Board unless the variances would be being increased, so it is not necessary for �he Board to take action on these to clear them up. � Mr. Mattson said that also the third variance to allow off-street parking next to a lot line is technically already existing as it is all blacktopped. He said the first two variances are the only real var.iances as far as the n�w construction is concerned. Mr. Crowder sai.d that the first variance of rear yard setback from 25 feet to 20 feet is already existing on the present building and the second variance for off street parking from 5 feet to zero feet of the building also basically exists. � � � �� , � � , � �� , ' � �I I S , Page 13 The Minutes of the Board of Appeals Subcommittee Meeting of May 13, 1975 Mr, Crowder said he is interested in what it will look like when it is done as he felt any changes would b� improvements. Mr..asked if this was going to go to the Building Standards committee. Mr. Mattson said it would be on their next agenda. JMr. Ryan said the addition would not look like an addition. He said it will be tied into the existing building and all be painted the same, and because of the extended facia, the roof levels will be hidden from the north. Mr. Crowder said every one of these variances as he sees it are existing now, and it looks like the City is gaining with the additional green area. He said he felt this would be improving the property quite a bit as far as green area and more storage area and he would go along with it. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Crowder, seconded by Gabel, to recommend to the City Council, approval of the variances, based on the reasons stated before that were; most of the variances are existing and the property will '�e improved as far as green area , and the recreational vehicle will have inside storage space. Upon a voice vote, there being no nays, the motion carried, • ADJOURNNiENT: The meeting was adjourned at 10:50 P.M. by Chairman Drigans. Respectfully submitted, � 1• � MARY HINT2 � ` Secretary , ,, ; � �� � ,.y� - ., � . . lund Planniny Sr(�"t j(!lt 6875 I lu�id Surveyiny J/ • • t BOARD OF . APPEALS ��;�� ny'nn9r � � II ��Ol/f'E'%/dl�; ��/. P'. T,. ITEM #l. v E g ct ��g M�nicipol Fnginccring FZ1�lIlCCT'S �L SL71'Vf'j�OI'S �1rca Codc 612 . ,.T._� , , J,..l . � •-- Mortgage %o�,n Sur�r�y for �' )- i .. �; � �:-� �� `� %_ % E� -/C. �;� ZZ' F�u���(.� l�, �r•.r , l �j --.:fl�,�(``� %y�i�t:,;)i� � Ca<'`�e����-CW. . �1.,.�"f'�%' "' C,_,r.� C;i � fE' �✓i�'� Vi.: E�f°i �( ; "i �,��.1;� ;�;��i� � ) c,,, ,�;i __�__ _� . -� � -- �—. - � � ; . � _ � � �- � �;-- _ _._ :_ , . i � t � , � �' • e / ; . i 1 1 ' t. � 4 � ��' � .�.} _ - � �+ _ � � . �' ,, �; �.�, �. � tb� � , � � '; _, ,� f . �r', � � � . -� '- �' �_2A-.6 �a �..� � � ; � �y ' ,: . a � ; , i . �, �� f9 � � � r- / . � 1 d�►t ��fy � 'j _/ .. ``. ,� f._� � �t;i �� .. 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This survcy is muJe only in ton�icttion w�lh u morfyayr Ioc�n �ww bvinq ploci•J on fhr ��roperty und no.liub�li/y �s ussum�•d czcepf to tbc I�oldrr ol suth morfyuqc or uny olhrr inlerest ucyu�red by thc •vuson ul such mor�yuyc I/ is u��drrstooJ und t�yrced nv a�o�wmcrits huve b�•cn plptud l�or Ihe pvrpose �f vtlobliehmy Iof hr�r.s or bovndury tornars. Dated �his� 1 duy of���A'0 IV_ . SUBURtiAN .ENGINEERING, iNC. � - Eng�ncerf Su.v�yors . • bY�--- % ----. � .. - - - - -- C . _� " � .., . ': � � � _ ; � t. , -�; - ; i.���> � - . : � � � � ��� � {��� E , — 4 , /�., • {' ' , .._... � � ,--�- ._ � % (� ....- �/ % � � ,. 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F. � � , � �' 0 BOARD OF APPEAl.S MINUTES These minutes iNili be avaiiable for your consideration on Monday � 0 � 3 n BUILDING S'I'/1NUARllS-UIiSICN CONTROL SUI3CODt(�1I'I'1'L•L'' i!1L•CTING OF MAY 14, 1975 Chairman Linclblad called the meeting to order at 7:55 P.M. r4I:Ptl3ERS PRL'SLNT; Lindblad, Simoneau, Tonco, Seeger OT1iERS PItL'SEi•dT: Jerry Boardman, Planning Assistant A90TTON, by Tonco, seconded by Seeger, to approve the minutes of tlle April 10, 1975 meetiilg as written. UPON A VOICE V01'L, all voting aye, tlie motion carried unanimously. 1. CONSIDI:t',.�TION 01� :'1 R�QU�ST POR ��,1 ,'LDllI`fIO�d TO TfiE SERVICE GAiZAGLi LOCA'I'1ill :�1' G�S9 li:v1VcR.�I'1'Y ��V1:NUli iv.l:. ,�PRIULliY, i�IINN. (RL-'QUL'S'1' t5Y llR. R�':1iv'S ��U'!'0�l'"J'1'IVL' CLI;vIC, 6j89 U�IIVliRSITY A�/E. N.E. ' ' rRIllL1:Y. i�11N�Jt�SO'1'.�. � P-1r. Tom Ryan was present for the request. tdr. Ryan showed on tlie plans the proposed curbin�. The curUing will be 13 feet from t}ie property line on University Avenue, Service Road and 10 feet frorn the property line on 64th Avenue �.E. T�r. Ryan stated he �aould like to put in portabl.e curbing. TSr. Lindblad stated t;te Board tivould only recommend poured concrete curbing. r�r. Ryan said }ie would 2ike to use berming along 64t1i Avenue. �Ir. �3oardman stated it is important that if berming is put in that they try to keep out of tlie boulevard. rir. Ryan stated tlle netv additio�i io i�is exzsting garage �aould be a �vhite Ulock building containing two stalls, tIe stated he would like to begin construction this sunmier. rir. Lindbald asked if t}iere ti��ould be any visual roof ec{uipment. DIr. Ryaii stated thexe wot�ld ilot. ' bir. Linc}l�lad stated he would like to see the entire �rea (marked on plans) on 64th Avenue N.L, soddec�, Atr. Tonco stated he ��rould like to put a bond on the completion of the landscaping. Tlie otlier meml�ers were in complete agreement. ri0TI0N, by Seeger, seconded by Simoneau, to recommend approval of the request with ilie fallowing stipulations. • 1. Screened in refuse area. 2. Additional �reen area for landscaping (as shown on the plans). 3. Landscaping i�tust be completed by /lugust 31,��1�J75. 4. $500.00 performance boi�d set on fi.he comp2etion oi the landscaping. UPON A VOICE VOTi:, all voting aye, tlie motion carried unanimously. � � 4 0 � �. � � � � . - 4A . � . BUILUING S'I'AN!).4RUS-lll;SIGPJ CONT'ROL SUI3COPiP�(I'f�rLL �TLL�rrNC or r�nY 14, 1�J75 Pg. 2 ' . �. . �' Chairman Lindblad adjourned tlie meeting at 8:30 P.D4, • I ' Respectfully submitted, C� �:�-� �c.�.C�-- ' � Arlene L. Smith • Secretary � , ' ' . ' •• j . . . . � . . ' } �� ' ' , , � � � � � . �I � . ' . . � � - � �_ � � . , . ' ,. . ' � ♦ . I, � . e 5 ;1 ENVIRONr1�NT�I, QU�LZTX' COMMISSION MEETTNG , � APRIL 29, 1975 ' MEMBERS PRESENT: Russell Houck, LeRoy Oquist, Jim Langen�eld, LeeAnn S�,orre, Thomas Sullivan MEMBERS ABSENT : OTHERS PRESENT : Bob Erickson, Mary Martin Jerry Boardman Chairman Langenfeld opened the meeting at 7:40 P.M. Mr. Langenfeld commented that he certainly appreciated the efforts of Arlene Smith, the secretary for. the last meeting, in getting the minutes out so quickly. ' A short discussion involving the mi.nutes of the last meeting was hela. It Fras decided that No. 3 of the changes suggested by committee members be siricken. (All members serve three year appointments starting and ending on the same date.) MQTION BY LEROY OQUIST TO ACCEPT THE MINUTES OF APRIL 29, 1975 WITH CORRECTION. Seconded by •Thomas Sullivan. Upon a voice vote, the motion carried unanimously. , A lengthy discussion on Model Environmental Code followed. Mr. Langenfeld read some of John Melinka's comments on the booklet, Proposed Legislation and Rules and Regulations. The first 25 pages need not be read, because this did not pass before the legislature. They were reviewed as far as the Environmental Plan- ning System. In regard to the second section on rules and regulations, the state presently has the power to decentralize and set up rules and regulations for that decentralization. Jerry Boardman commented that if the legislation did not pass, then Chapter 13 is no longer legal. Ms. Sporre added that since the state people were not present at the meeting, many of the FEQC's questi.ons could not be answered. They would have to have data. Jerry Boardman said that he would meet with the state people this week. They will be invited to the next FEQC meeting for the purpose of a general discussion on the Model Environmental Code. Mr. Boardman said that at the present, the FEQC has the power to decentralize as long as that decentralization accomplishes the enforcement of the Minnesota Environmental Protection Act. Ms. Sporre asked whether the EQC could exempt anyone from this system. Mr. Boardman said that they could have exempted the City under Chapter 13 with the development of an approved environmental plan. However, the legislation which would have allowed Chapter 13 was not approved, and therefore, the exemption no longer exists. � � . , r 5A , ENVIRONMENTAL QUALITY COMMISSTON MEETING, APRIL 29, 1975 PAGE 2 Mr. Langen.feld referred to the Preliminary Guideline for Prepara- tions of an Environmental Assessment. Mr. Boardman commented that this should only be considered if one is going to prepare an environmental impact statement. Jerry Boardman explained two things which the City could do in regard to decentralization. 1. Decentralize according to rules and regulations set up on a project by project basis as laid out in Chapters 11, 12, and 14. 2. Set up an environmental systems plan for the City.. However, we would still be required to decentralize according to Chapters 11, 12, and 14 without the exemption of an approved environmental systems plan. A discussion involving the existing and proposed organizational structure of the committees followed. LeRoy Oquis-t asked whether the FEQC would have the responsibility for ideas which are not environmentally significant. Jerry Boardman answered that the detailed roll of the Environmental Commission has not fu11y been fully determined. Mr. Boardman added that the Planning Commission has reviewed this proposed structure, and they felt that it must be written �n a more organized way. The City Council will be holding a public hearing on this on May 12. The Council will be receiving the Planning Commi.ssion's recommendations. In reference to the proposed system, Mr. Boardman also said that when an issue is brought to the member commission, the chairman does not go advised or delegated. Everything is reviewed by the Plannin� Commission. However, minutes are forwarded directly to City Council: If the Planning Commission feels that a motion is not consistent with the city policy,�hey can recommend �hat ii go back to the particular corunission for r�econsideration. The Planning Commission cannot change another commission's decision. They will have no more power than the member commissions. The Planning Commission will be involved with policy development. The main function of the member commissi.ons will be policy imple- mentation review. They will act as input sources to the Planning Commission and City Council. , The problem now is that everything goes directly to the Council. By the time the Planning Commzssion reviews it, it has already gone to the Council. ' , ,� , r ENVIRONMENTAL QUALITY COMMISSION MEETING, APRIL 29, 1975 PAGE 3 The Planning Commission wzll act as a funnel of information so that matters wi11 be presented to the Council as a collection of material. In this way, the City Council.will have all of the information at one time in order for them to make their decisions. MOTION BY RUSSELL HGUCK THAT THE FEQC ACCEPT THE NEW ORGANIZATIONAL STRUCTURE IN CONCEPT WITH THE TWO STIPULATIONS STATED BELOW: 1. THAT ALL ORDINQNCES FOR EACH COMMISSION FOLLOW THE SAME FORM AND THAT THE FORM BE CONSTSTENT WITHIN ITSELF. 2. WARD REPRESENTATION ON EACH COMMISSION. THERE MUST BE ONE MEMBER �ROM EACH i,�IARD ON EACH COMMISSION AT ALL TIMES. Seconded by LeRoy Oquist. Upon a voice vote, the motion carried unanimously. A short discussion on the review of the final draft followed. ' MOTION BY THOMAS SULLIVAN THAT THE FINAL DRAFT BE RETURNED TO THE FEQC FOR FINAL APPROVAL PRIOR TO C011NCIL APPROVAL. Seconded by LeeAnn Sporre. Upon a voice vote, the motion carriea unanimously. Ms. Sporre spoke of d.ecisions involving the watershed district. MOTION BY LEEANN SPORRE THAT THE FEQC SEEK COOPERATION FROM ITS � . ADJACENT COMMUNITIES, ESPECIALLY BLAINE, COON RAPIDS, AND SPRING LAKE PARK, ON THE SPRINGBROOK WATERSHED DISTRICT; THAT FOR ANY DEVELOPMENT PROPOSAL WITHIN THE WATERSHED DISTRICT THE CTTY BE � GIVEN NOTIFICATION AND TTME FOR REVIEW BY THE FRIDLEY COUNCIL AND THE FIRDLEY ADMINISTRATION. Seconded by LeRoy Oquist. Upon a voice vote, the motion carried unanimously. MOTION BE LEEANN SPORRE THAT THE FEQC RECOMMEND TO STAFF AND �' COUNCIL THAT A WATER MONITORING PROGRAM BE INITIATED AT THE ENTRANCES TO FRIDLEY ON SPRINGBROOK CREED. (WATER QUALITY TESTS) �l] � Seconded by Thomas Sul.livan. Upon a voice vote, the motion carried unanimously. MOTION BY THOMAS SULLIVAN TO ADJ.OURN THE MEETING AT 10:45 P.M. I'� Seconded by Russell Houck. Upon a voice vote, the motion carried , unanimously. ' , Respectfully submitted, �� , , � �, ;..c j ",�'/G•11�--�rG�_�/ 'Holly Tonsager, � Recording Secretary , •MIN[TITS OF TITE I2P�GULAR PI�RICS 11ND 12rCR)'�71TION COI�'INIISSION MEETING Meeting was called to order to 7:30 p.m. by Vice Chairman Peterson. APRIL 28, 19�5 6 MF�ll3ER5 PRES�NT: Caldwell, fiarris, Peterson, Wagar Or1'fiEiZS PR�S�NT: Juan Salas, 5810 5�h St. ,N.�. , 571-6750 - Soccer Juan Salas Jr., 5810 5th St., N.r., 571-6750 - Soccer I,uis Salas, 5810 5th St., N.E., 571-6750 - Soccer Nick Scarcella, 6051 5th St., N.E., 571-4342 - Soccer Sear� Lambert, 5965 4f-h St. , N.E. , 571-2374 - SocCer Andy L�nY�rt, 5965 4th St., N.E., 571-2374 - Soccer D�le Anderson, 5910 4th St., N.E., 571-9591 - Soccer R. J. Hughes, 548 Rice Creek, LINO • L11Y.ES PI�RK Mr. Bob Hughes was present to discuss the Lino La}ces project. He said they 2iad agreed with the to�,ms up there (Centerville-Lino Lakes) that they would retain at�least 800 of it as wilderness or undeveloped area. IIe said there would l�e hiking trails, open areas, etc. , but no deve]_op�n�nt of o'.'�er sorts. He said that th, other, 200 ��ould be av��i.lable for use as almost anything. He mentioned that there was a small golf cour_: in there now. He said there had been talk of developing it into scane other faci.' 'i.es, for instance, boating, fishing docks, day camping, over- night cam�ing, c�,c�. He went on to say tY�,at he felt one of the reasons Fridley was interested in ti�is area was because the watershed up there is basically the beginning of Rice Creek, and that it flows down through Fridley to the Mississippi. He said that it passes through Ramsey County and two parts of Anoka County. He said that both of these counties have moved in thc directian of improving the streambed and protecting it from development to a certain extent, and that I'ridley had movcd in that direction also. Mr. Hughes felt one of the things which was important in deciding what was to � , be done with the I�i.no Lakes Park, was to find out what Fridley is doinq here and what the desires of the Fridley City govexnment citize.ns are, related to that area up there. He went on to say that he was here to tell thc�n this was in operatian ' and the desire was to have a coordinated effort,and to answer any questions as best �he cauld. iie ;aanted to ask them what the plans of Fridley as a City are, as well as the Conunissionexs relative to Rice Creek and the area around it, and what would they most like to see in the Lino Lakes Park that w�uld ccxnplement the programs and facilities , that they are planning here. Mr. Brown stated that the City of Fridley has plans for leaving the Creek it- ' self in a"natural" state and develo�-�nent there would be some type of trail and maybe some additional bridges. He said they had a bridge or two tl�at they had already ' � put over it. � ' � Mr. Brown mentioned that we now have a new me�n�r of the city staff, Dr. Dan Huff, our Naturalist/I'.esource Coordinator, who wauld also be interested in Mr. i3ughes�inforn�ation. He said that the reasori Dr. Huff wasn't at the meeting was because he was leading a group in the park. Mr. Hughes askEd the Cc�unission if they had given sane thought to the relation- shi.p ]�etween the City's parks and any adjacent parks, either in Ramsey County or fLU'ther upstrc�un in �noka County. Mr. iiarris replied that they hadn't, fran a specific standpoint but frcan a uti].ization standpoint oUviously, since they are available to us as taxpayers of Anoha Cotuity and if there were programs developcd to utilize thcm, hP didn't see any reason why they shouldn't encourage their use. IIe felt the Lino Lakes area � ' Minutes o£ tYie Yarks & Recreation Camnission Meeting April 2f3, 1975 Pag�-2 should be left in as natural state as possible. Mr. Fiughes said that in buying the land the County did agree and this agrec�nent 'is in writing, that they would not develop more than 80� of the land. He said that their plan at this point is to develop much less ac�ually. Mr. Harris mentionecl the fact that people are going to have to drive to ihe ' Park and there�ore some public facilities are going to be necessary up there. Mr. Hugk�es concurred but said the plans are more long range and their target date - to have the prelirninary plans together and presented as a recananendation was a year ' frcgn last rebruary. He said they would rather proceed slowly and with a certain arr�unt of coordination. ' ' � ' �� Mr. Peterson suggested that they put this subject on their July agenda and in the me�urtime they can ask for staff recor►�nendations and ask Dr. Huff for his reccgrunendations. He invited Mr. Iiughes to come back agai.n in July vahen the Canunis- sion can give him their input. Mr. Brown asked Mr. Hughes to send him a copy of his group`s minutes which he tt:.rn would give to the Coi�nt�ission m�nb�rs. He also mentioned that we would sex�3 h�m our minutes as they relate to his p�oj�ct. • « • Mr. Juan Salas was present to continue his discussion regarding obtaininq two soccex fields in Fridley. . �� l. � Mr. Wagar asked Mr. Brown if h� had heard from the school. Mr. Brown replied that he had talked to Nlr. Hedren who referred him to Messrs. Larson and Leslie. ' 1�Zr..Brown explained -tha� he had invited th�n to tonight's meeti.ng, however, he � hadn't heard frca�n thc-�n and th�y obviously weren't at the meeting. Mr. Brocan suggested that Mr. Salas us� Madsen Park as it was no longer ' being scheduled for many softball games. He also mentioned tha� Locke �uld be available. ' Mr. Salas stated that they need some portable qoalp�sts. Mr. Brown replied that if Mr. Salas would supply.the specifications and drawings, the Parks Depart- ment would build the portable goalposts. .'' h90TION by Harris, seconded by Caldwell, to allosv Juan Sa1as the use of Locke Park and Madsen Park for his soccer program. The motion carried. ' , CI ' , Mr. Salas asked when he could st�-+rt playing in the parks. Mr. Brown replied that he could go into the parks inunedi.ately, however, he �uld have to advise Mr. Sa1as the days at which time he could not b� at, Madsen, du� to the softball games. Mr. Salas stated that their games would be on Saturdays, a� which time Madsen is always available. Mr. Brown mentioned that there is anotlier field which is quite flat, nameZy Ruth Circle, and that Mr. Salas might want to take a look at it. � Mr. Salas askc�d Mr. Bro�wn if the Parks Department had any soccer ba].ls. Mr. Brown replied that it didn't. Mr. Sa�as stated that his club was selling soccer balls for $13.00 and would be glad to sell thc�n to Mr. Brc�+m. d � � L_J ' � � � � �Minutes of the Parks & Recreation Cc�mission Meeting � April 28, 1975 Page 3 Mr. Wagar asked Mr. Peterson to ge� this socc�r problem on the agenda on the next Dis�rict #14 meeting �.nc1 fir� out why they won't" coo��erate with Mr. Salas in letting him use th�ir school �acilities. Mr. Peterson said he had tried this several times. He said tha� one of the problems you have with the school is that it is riot ccgra�lunicated to the school board. IIe cited as an example, twr� years ago, wh�n they wanted to have a basketball program and they said that we couldn't use t,he gyms so they talked to the school board mem}�ers as taxpayers asking why they couldn't use the gyms, and consequently the last two winLer_s they have had, with the cooperation of the Parks and Recreation Departm�nt, a very good basketaball pr�� • llOG 013EDIENC� The gentleman who had called regarding this situation was not at the meeting so Mr. Brown reported that the gentleman felt the City should provide some type of doq obedience, as he felt some dogs do not b�have properly when they are with kids, etc. He felt the City should provide dog obedien�e classes, just as they provide craft classes, etc. Mr. Ilarris mentioncd that we would then be comp�ting with a ntunb�x of schools who are already offering thi.s course. MARCH MINUTES ' Mrs. Ca.ldwell asked for a correction to the Minutes of the March meeting ' regarding hex' motion on horseshoes. The motion was changed to read as follows: MOTION by Caldwell, seconded by Wagar, that the Horseshoe League have permission ' to match the existing facilities at Commons I�ark. The motion carried. Even though we originally agreed to let the Horseshoe League match the I e.xist�.ng facilities, Mi . Brc•,an stated �-�e are now going ahead and put in the cement walkways and they axe qoing to provide the clay, irons, and the anchors for the irons. He explain�d that they thought we were going to put in eveiything, even though in our Minutes they simply asked us for p�rrrussion to do the �rk them- , selves. _ � , � � CONCESSIONS - MOORE LAI� B�AGH The possibility of changing our policy at the beach and allowing Mr. Georg� Hanson to nuz our concession stand was discussed. The Co�runission agreed that they wauld prefer to leave it as is, so that the Parks and Recreation Department has caziplete control of it. MOTION by Wagar, seconded by Harris, to keep the beach concession as is. The motion carried. The C�nission asked Mr. Brown to advise Mr. Hanson when he called, that the t City is researching the passibility of enlarging their own facility and do not wish to make a change at this time. The Conunission did, however, stipulate that they would b� open in the future to a concrete propasal. frcgn anyone, including Mr. Hanson � or�a sexvice organization look�.ng to make money. They ask�d_Mr. Brown to look into the possibilii�y of enlarging our facility in 1976 and report back. • . Mr. Brown mentioned t.hat they had considered the passibility o� buying a small ' ire�zer and t�d $400 in the budget, however, they w�re $G00 or $700. Mr. Harris said that he could get a chest type for the Departrnent.� Mr. Peterson said that the FoofiJ�ll Association had bought a small one which Mr. Brown might want to take a look , at, to s�e i� one like it w�uld fit our nec�ds. ' M�.nutes af the Parks & Recreation Cc�mission Mceting Apri1 28, 1975 Page 4 6C , Mr. Harris said that due to i:.he F'iscal Disparities Bill, which is the sha.r�ng of revenue, scx�ne oL the land tha�. we contingent to our parks is not quite as finan- cially anteresting to f1�e ccxTUrnznity as it was be£ore thc bill. The xeason for this �� is because you retain 60� and give back n0o. Ile suggested that the Coi�unission give same preliminary thought to acquiring that portion of property b�t�acen I-Iart Carter and the west edge of our service drive in Lacke Park. This land is east of Carter , Day but west of our drive into I��ck� Park. He asked. Mr. Brown tA check into it and find out how much acreage is involved. � � � r OOMMISSION CIiAIRMAN Mr. Bro,an reminded. the Conunission of f11e resignation of Mr. Dr�n Blair as chair- m�n of the Canenission �nd asked if they had given any thought to a replacement. He said Mr. Blair had droPped the Plarnzing Collnnission and therefore was no longer on �he Parks atid Recreation Cozranission, as whcgnever is appoint�d to the Planning Com- mission is aui.csnatically Chaiz�z of the Parks and Recreation Co�nission. There was some discussion as t: �ahether this was correct. Some of the Co�nissioners w���� under the ir,�pression that it was the other way around. They asked that a copy of the Planning Corru�tissian Ordin�nce be sent to them to study. � � • a:►�ia �- MOTION to adjourn the meeting at 9:30 p.m. The n�t regular meeting will �e held on Monday, May 19, 1975 at 7:30 p.m., in the Ccar�nunity Room of Fridl�y Civic Center. ' Respectfully sul�nitted, /_ .__ / � � ��L � ��.���Z-� �t�__..__ - �! . �J"c� at�Secre�a.ry to the Conunission Y `�' � � � � � - � i 1 7 CITY OF FRIDLEY PETITIUN COVER SHEET Pe ti t i o�� N�� . � 1975 Date Received May 73, 1975 ' pbject Residents of Gardena Avenue, Senjamin Street, 60th Avenue and Ferndale Avenue request that a stop sign be put at Benjamin Street & Ferndale Ave., controlling the north bound traffic on Benjamin,instead of 61st Ave. & Benjamin Street as approved at the May 5, 1975 Council meeting. Petition Checked By Date Percent Signing Referred to City Council Disposition 0 Wm� �he a�ad�rsignmd resid�nte o! the Qardena Avenu�a� Benj�!�i� ..treet� 60th Avenae �and Fernd�ela Av�nues ds� hereby rQquest th�t �t sto� ai�n be put at �enja�ia 6traet ttnci x'ernde�le .�venue� corxtrollin�; t&�Q north bouad tr�ffic mn B�n j�.�nin� inete�c� t�f 61st tive�uo e.nd Ben ja�in Street as ap►�roved at the 7A wwunci2 r::eeti��e�r l���c������y. tr�:ay �ttAo 1�7�• �.r..�re .�.so.+i ~ �7 • � � � � c �- �� .. � �� ,�. 6-�• „''�Q ....,� • �• , . % � a � l�k� (,dl.�, p.,/lc..�..�i/ G ; � Y • �p D// �.J � � � �`. /U. �, °%��.o �-?%t.,:,, �-�.�, � 4��. - �-� : I , , ���� �a ����� �� �- �� ,� ��� � ���;. �� `� �. �, _ �;',� �—�� 3 ' �. �, � � � �-';�s�---� �G� � ���' �;?vc., �- ��� �o�� � / � ���,� . ,� .�.�.� ��.. . � � � - �;�:� �- � �-�-- �'�-��.�� �� �r��-�..� � � � �o � � ' -L;--a-� ��, � � �, �.�.,.����� `�-�.--�-��� � .,�, , �� / � � ����c� � � / ��._,. � ` L ' � . -- � ��c . c /-.� ' �� � �/�--- � � � �� �/ - -- /� %� ��� �� /� C� • c�" .�'%�-t �� --c\ <��.� . ,. _�'/� _�-- i��� ��c�-����%������.%i.��17 �.� � � ���1�� � v � `�a��. �'��.���� _ _ �� ����.��� ���` ��' ' . , ;, - ,, � i ���Z ��1� ��C �� � � i,� L� �� �:�, ��� ��.� , �� �--�--. � �/ �?' ..,j/ '-�- s , �-�) �- -<<�.�.. C_ - � CJ � '�_..-��� � zs • `� , _. ,, � `t` `% ���� 1 � �%' �'�—�L�� - �i �� �� , � _ �,�j � � ' � . �� .�� - �, ; ..��4 ,, s�� �. '�� °� ��� ���-��r-r-�-'L -�-�' : ' .� �.: -l- �; o �-q��� � �� � 7�,�, �- �1�, �,�� �c�. cLLC�-� � Sy ���� � s�-e � 1. �, � ' �` � s ✓/� �,, u �1tit ^ ����� i h �� 3�`l,ti � �.�-u.;.vt,�.. !, �° � � • ' p ° 7� � � .; '�Ve� the undersi�;ned residents of the Gardena Avenue, Benjamin Street, 60th Avenue and Ferndale Avenues do hereby request that a stop sign be put at Benjamin Street ard Ferndale Avenue! controllin� the north bound traffic on Benjamin�instead of 61st Avenue and Benjar�zin Street as a�prav�d at the council r��eE:titiu f%ioiid��_y, I���.y 5thp 1975• �� .. . � � �� •�f/ � � ��--5 � �'-:�'�� � .��;c,.�.,��,, ,� � � � , , i � , ,� ,.. . l� r ' � 1 � � / � �_ . . . . � c � 7 / � � J r � .___ � � � � � s � �-� � � . � � ��'��- ���'� . � ; . � , . � � , . � , �. � � � � . � � � e , � � � � � i ' , I I ' ' . . I ' • II ' f 1 , MEMO T0: Richard N. Sobiech,�Public Works Director � � i MEMO FROM: Thomas A. Colbert, Assistant City Engineer DATE: SUBJECT: May 15, 1975 Traffic Study and Analysis for i�tain Street from Osborne Road to 83rd Avenue N.E. This study was ini.tiated by a complaint received of excessive speed and in- st�ffic7ent regulatory signs along Main Street from Osborne Road to 83rd Avenue N.E. A 48 hour traffic count was conducted at the intersection of 79th Avenue N.E. and Main Street and reduced to a 24 hour ADT using the Minnesota Highway Department coefficients. The results are presented on the attached• sketch. Also, a record check was run on any reportable accidents for this stretch � of Main Street. Only one accident has occurred on this two year old road and that was the result of a motorist's failure io obey an existing stop sign on 79ih Avenue N.E. . � � � A field observation was also conducted periodically by members of our engineering department. It was found that there are no existinq speed regulatory signing or advance warning for the existing stop signs on 81st.Avenue N.E. This area is zoned entirely for heavy industrial business and is currently in the development stage. The major area of development to daie has been confined to south of 79th Avenue with major excavation and additianal development beginning to take place on the acreage north of 79th Avenue. , Based on the above presented facts, it is the engineering department's recommendation that 79�h Avenue N.E. and Main Street be made a�four way stop. As can be seen on the attached traffic count layout, there exists an approxi- mate equal level of traffic volume in all four directions. This is also the � approximate center of the existing and proposed future deve?opment and conse- quently requires more distinctive traffic cantrol measures. In conjunction with this four way stop, it is our added recommendation thai the existing � stop signs controlling the north/south bound traffic on Main Street at 81st Avenue be removed and replaced on 81st Avenue a� Main Street controlling the east bound traffic at this existing "T" intersection. This new configuration � at 81st Avenue and Main Street should remain in effect until that portion of 81st Avenue between Main Street and T.H. #47 is constructed and a higher - saturation of development has occurred in this particular area. , i � In any event, placement of speed advisory and appropriate•advance warning signs will be installed where required in this study area. If�any further information is required, please let me know. Respectf lly submitted, � Thomas . Colbert TAC/jm �� _ T�A ��' � G C �u. �T �9��i ; �,� � � i i ; I �a "1 � 3��i���,� � ` ---' -- 99Co � f3JC�� l�_� ,__ . _ i _. ._.__.____ .. _. _ _ _ __--_ i - ���f � !� , � 9�-l_ �U� , ..�8A , � i� ----, ___ _. ._ _: __ __._ _____ __ ------ _ _.__ ---.---__ _. ___ ____ _. ,` _ � 9 a�' -� `�- - a i 3.�.. � I � i s � i- - -' - 9 �' �/ � $3� ---, ___ ��� FA�Ta� . y� ( , q� = �' � c�c u 7orA L y� l� �, C� u.JT 0 0 o j � D?" � o�� 5 r� D� Y i-l2 �cv-�' I�AT� ; ��i.z/75 -> .��iy�75' A�E� ; 79rr1 � n��,ti sr. f 4�ur/�ll1F�.1 i" ; '�% TC!/��G/Z r' au nJT E,� � � 8 y; � aF � z�a� ��A� ,Pv ti �`fv �DE �v i - I� RESOLUTION N0. A RESOLUTIO� ORDERIfdG IP�IPROVE��iEPdT, APPROVAL OF PL/�NS ANU ORDERIiJG ADVERTISEME�dT FOR f3IUS: �JATER, St�NITARY SEWER AP�D STORP�1 SE6�lER itY1PROVEt�IENT PROJECT #117 � t�lNERE/�S, Resolution 103-1974 adopted by the City Council on the '� 7th day of Qctober set the date for heariny on the improvernents, as specifically noted in the Notice o� Nearina attached hereto for reference as LXtllblt "A"; and ' � � � � 1 � - � � I� WHEREAS, all property owners ti;hose property is liable to be assessed ��ith the making of,the improvements (as n�ted in said notice} were given ten (10) days r.otice by mail and publishe�l notice cf the Council hearing through two (2} weekly publications of the required not�ce, and the hearing ���as held and the property owners i�eard thereon at the hearing, as noted in said no�ice; and . WHEREAS, Resolution �#122-1974 adopted by the City Council of the City o�F Fridley ordered all of th�se improvements. NOrI, THEREFORE, BE TT RESOLVED, by the Council of the City of Fridley, Anaka County, Minnesota as fo�lloti�s: . 1. That the follawing improvements propased by Council Resolution #103-Iy%4 are hereby ardered to be effected a►�d com- pleted as soon as reasonably possible, to-wit: Water, Sanitary Sewer, P�ains and Laterals and Service Connections, Storm Sewer and brainage Facilities and Related Appurtenances; to serve the follow�iny properties: . Rice Creek Estates and Rice Creek Estates 2nd Addition, bounded by Rice Creek Road, 61st Avenue N.E. and that portion west of Benjamin Street N.E. 7hat the work involved in said improvements as listed above shall hereafter be designated as: TER. SANITARY SEI�IER AND STORi��. SELJER IMPROVEMENT PROJECT #117 2. The plans and specifications prepared by the Public t�orks Director and the City's Consulting Engineers for such improvernents and each of thern, pursuant to the Council resolutions heretofore adopted, a copy of tvhich plans and specifications are hereto a�tached and made a part hereof, are hereby ap�roved and shall be filed �•�ith the ' . City C1erk. . � � � i , Resolution Na. Adv. for f3i ds #117 Page 2 3. The work to be performed under WATER, SANITARY SEWER A�1D STORM SEWER IMPROVE��IENT PROJECT #117 sha]1 be performed under one contract. The Pubiic 4lorks Director shall accordingly prepare and cause io be inserted in th� official ne��rspaper advertisements for bids upon the making of such irrprover�nents und2r such approved p]ans and specifications. The adver�isement shall be published for three (3) ti�eeks (at least 21 days), and shal l speci fy the �,1ark to be done and y,�i 17 state that bids v�i 11 be . opened and considered at 71:30 A.P�i. on the Sth day of June � 1975 7 n�he Counc i 1 Chambers of the Ci ty Nal 1, an'd that no bi cis ���i 11 be con- sidered unless sealed and filed with the Pu�lic Wor4cs Director, and accom- panied by a cash deposit, bid bond, or certified r.heck payable to the City �for five�per cent (5%j of the amount of such bid. That the advcrtisement for bids for 41ATER, SANITARY SE1•!ER AND STORM SEt�ER It�PROVEh1ENT PROJECT #li7 shall be substantially in form as that noted in Exhibit "B" atiached h�reto for reference and made a part hereof. ADOPTED 8Y THE CITY CQUNCIL 01= THE CITY OF FRIDLEY TNIS DAY OF , 1975. ATTEST: MAYOR - WILLIAP�i J. NEE CITY CLERK - hiRRVIN C. BRUNSELL • t I � .� ' � �� , � �; � � ' NOTICE TO .CONTTtACTORS Sealed bids taill be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office oi the City Manager, on the 5th day Of June, 1975, at 11:30 A.M. CDST for the furnishing of work and materi�ls for the installation of Water, St;orm Sewer, Sanitary Sewer and Street Grading Improvement Yroject No. 117. The project consists of the following: �datermain � 2330 L.F. 6�` DIP Watermain with Related Appurtenances Storm Se�aer 590 L.F. 15" RCP Storm Sewer Z5Q L.F. Z2 " RCP Storm Sewer with Related Appurtenances Sanitary Sewer 1870 L.F. 8" Sanitary Sewer Pipe with Related Appurter�ances Street Rou�h Grad�ng � 7850 C.Y. Common Excavation 4450 C.Y. Fill in Place All in accordance with plans and specifications prepared for the City of Frid7.ey, Minnesota, by Comstock & Davis, Inc., Consultin� Engineers, 1446 County Road "J", Minneapolis, Minnesota 55432, Telephone 784-�J346. 0 P1ans and specificatzons may be examined at the office of the City Manager, and , cQpies may be obtained for the contractor's individual use by applying to the Engineers and depositinb with the Engineers $25.00 for each set. The deposit wiil be refunded to each bidder submitting a bonafide bid upon return of the documents � in good condition �oithzn ten (10) days from the date of opening of bids, and to non-bidders upon return of the documents in good condition prior to the bid opening. Bids must be made on the basis of cash payment for the work, and accompanied by a � cash deposit, certified check (on a responsible bank in the State af Minnesota), or a bidder's bond and made payable without cond�tion to the City of Fri@ley in an amount of not less than 10% of the total amount of the bid. � � , ,,1 I� II, The City Council reserves the right to waive any informalities in any bid received, and to reject any or al�. bids received, without e�:planation. No bid may be withdrawn for'a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 6th day o� May, 1975. Nasim Qureshi City Manager • � RESOLUTION �0. A RESOLUTION REGARDING VANDALISM TN CITY PARKS AND ON SCNOOL PROPERTY WHEREAS, the various parks and school property within the City of Fridley have been the objects of substantial amounts of vandalism over the past few years, mak�ng it necessary for the City to hire a Park/School Ranger to watch the parks and schools in order to prevent this type of vandalism and, on many occasions, has securedievidence of� the damage being caused by juveniles, and it has been reported to the City that the young people causing the vandalism have not been deterred by their experience with the juvenile justice system. WNEREAS, it is, therefore, the belief of the City Council of the City of Fridley that action by the juvenile justice system must assist in instilling in young people an attitude of respect and respc•sibility, and ;t is further the judgment of the City Council that causing these young people, who have committed vandalism, to work in the various parks and schools in:Frid7ey to repair, maintain and develop the park and school systems would assist in con- firming a respect for property and the rigf�ts of others and would deter the young people so involved from committing future vandalism. �OW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley respectfully urges the juvenile judges of the County of Anoka to consider this request on the part of the City that, as a p�rt of the punishment for acts of vandalism by culprits who have been apprehended and cenvicted of such an offense, would be the requirement that they assist the Director of Parks and Recreation along with school officials for a specific period of time to carry out such work as he may direct, said work to be on the parks and schools in the City of Fridley towards the repair, maintenance, development and improvement of the park and school systems. ADOPTEQ 6Y THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS 4F 1975. MAYOR - WILLIAM J. NEE ATT ES7 : CITY CLERK - MARVIN C. BRUNSELL f7:�1 l0 � ' F [Yi. �: 'i• A . y � . . � . ` .,i... Y .S. y . . . . ��'.'��' . � i {: .. ' S �.�� . i? � � , __ - �,, .. , ___,__.-,,,�: -� - ' . �.�., _-.. - , :. � � r i ��d �� � �' . . . �. ' � �1. i �l' ,�� I� _ � �5 ,. 1_ ,.� , �.. �: -- . . -�,�,'=�'_'''� . , ,;-,. � ��__., � ';?>�>• 590-4Oth AVENU� N.E. 788-9221 , � , - i '. �J ' lOq CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES EQUAL OPPORTUNITY EMPLOYER • COLUMBIA NEIGHTS, MINNES07A 55421 May 2, 1975 To � Al l C i ty P,dm i n i s�rato rs � � � F�nob:a Coun ty From: Malcolm 0. 'rlatson; City �iana9er, City of Coiumbia Heights S�bject: Juvenile Vandalism in Parks Enclosed hzrewith is a resolution passed by the City Councii in �olumbia Heignts regarding G�°sire an �he Fart ef the Cau�cit to ;�ave Jud�es pass senten�es on convicted ju<<cnile vandals that wculd include restoraticyn of ti�e damag�s in �arks. Our City Council has suggested that we. recommend to o*her ca�munities in tne caunYy t�at they censi�°r aaeptina similar resolutions to star�da�dize o�sr proce�ure and simpl ify the �ec i s i on ro r tf�e j adges i n Anoka �oun ty. , . � Th� farmat used 3n the preparat ion or thi s resol ution v:as set up by County �'�rxorney Rabert Johnsoi� to �e sure that we did n � t v i o l a t e a n y l� ws i n t h e w a y t hu r e s o i u t i o� ;� r o u l d b e � r e p a r e d. � Piease send us a copu of any resc�luti�n ►��nich you may pass in your cor�nun i ty sa that we wi 1 1 have a f i i. c�py showi ng wF,i ch ciiiES are pro�osing sertences aF a simi lar nat::re. � � � � �J I, , j'!� w'�(110 211C � . ,,� /� � '�".�� .� .� /., � /� y- i rl .�."� i � • � ��lr/�Z�'L./`/'' G!/'�'�J 1.-/� j° LC''�1"��"� j»"'�-'' 0 � , cr h �r� • •, a .1', : { �!i' ; :i :li.✓,;� .; ''... _t.�.,�• �:.. �. .' . , .. . � � � . - ° ,� �.� �..; �. .�.. .... _. __. ' x � ' ^ ' .\ . . k ,� 7 C � j j. y:-,r : � � ��_ 1.11_� 1� _ � _ Kf , �1. __ ��, . . ' '�.� /` �_ . . . . ,.. . . 'y:�'� �'.�t�•�"590=4'Oth AVENU� N.E. 7$8-9221 ' , .� ' �� � CITY OF COLUMBIA HEIGHTS ADMINISTRATlVE OFFICES EQUAL OPPORTUNITY EMPLOYER •s COLUMBIA HEIGHTS, MINIVESOTA 55421 RESOLU710N #75-28 REGARDING VANDALISM IN CITY PARKS BE IT NEREBY RESOLVED BY the Ci�y Council of the City of Columbia Heights that, WHEREAS, the various parks within the City of Columbia Heights have been the objects of substantial ar�ou��ts r�� �,�ar�dal ism �ver tre Yast few years, making it necessary for the City to h;.�e security people to watch the parks in order to prevent this type of vandalism and, on many occasions, have secured evidence of the damage being caused by juveniles, and it has been repor�ed to the City that the young-peaple �ausing the vandalism have not been deterred by their experience with the juvenile justice system. ' It is therefore the belief of the City Councit of the City of Columbia Heights that action by the juvenile justice system must assist in instill- � ing in young people an attitude of respect and responsibility and it is � further the judgment of the City Council. that causing these young people, who have committed vandalism, to work in the various parks in Cotumbia Heights to repair, maintain and develop the park system would assist in confirming a respect for property and the riQhts of oth.�rs and would deter � � the young peopla so involved from committing future vandalism. NOW THEREFORE, BE IT RESOL.VED, that the City Council of the City of Columbia , Heights respectfuliy urges the juvenile judges of the County of Anoka to consid-er this request on the part of the City that, as a part of the punishment for acts of vandaiism by culprits who have bee� apprehended and , convicted of such an offense, would be the requirement that they assist the Director of Parks for a specific period of time to carry out such work as he may direct, said work to be on the parks in the City of Columbia Heights tOYvdiuS ��12 � epa i 1" �%ia i iltc;lail�0 ��,@V2� G�Ri2i?t c�i+� ; �T��+ ovem8l�t O� ti!° ��t"�: ' system. Passed this 28th day of AP�i� , 1975 � .Offered by: Heintz � � Seconded by: Roll Call: Logacz Al1 Ayes �� t' ��L;C t-;!(.1 C.-�-y�a.' �.1 r-s1 Sec`re ta ry ' � ruce G. N wrocki, Mayor 0 MEMO T0: FROM: DATE: SUBJECT: Nasim M. Qureshi, City Manager � James P. Hill, Assistant Gity Manager/Pubjic Safety Director May 15, 1975 Observations and Comments Pertaining to the Department of Veterans Affairs Order � Insofar as City Council is faced with a decision with respect to the above order, I feel it now appropriate to submit some personal comments and observations regarding this case. May I say at the onset that it is my opinion that the�order submitted by the Department of Veterans Affairs with respect to relief of the petitiqner, does not appear to be appropriate when one reviews the facts of this case. Some of �he points that should be called to your attention are as follows: 1. The petitioner did not meet the published minimum requirements for the pos�tion of police patrolman at the time of application. It is recognized and acknowledged that the City did in fact waive this requirement. The requirement was waived primarily because the petitioner was a local Frid]ey resident, a graduate of the Fridley school system, a veteran just coming out of the service in need of employ- ment, and also having just completed a"project transition" in the area of law enforcement which was designed by the military to prepare veterans for the civilian world. 4�ith all of these factors it�was considered appropriate to waive the minimum in the petitioner's case, as well as another indivi- dual's case, to allow them to take the written exam. It is we11 recognized by the City that in waiving these rights the petitioner would be on equal grounds with all other candidates. It does seem rather unusuai, however, that the Department of Veterans Affairs did not give this factor much more consider- ation than they indicated. 2. The Department of Veterans Affairs indicated that the veteran did not waive his rights when he accepted a position other than the one to which he originally applied. This finding appears somewhat questionable, since the hearing officer did not address any legai case law on whether or not a veieran could waive this right except to express a personal opinion. The petitioner was interviewed prior to any determination being made,for the explicit purpose of explaining to him the differences between qualifications of he and the other three candidates and the logic in the desir- ability of hiring the petitioner in a technicians category for purposes of training and exposure in the law enforcement field. The petitioner, incidentally, understood and appreciated our concerns regarding this matter at the time of the interview and i�ndicated he would accept the technicians position. It was indicated in the Department of Veterans Affairs order that the petitioner was not advis`d when an opening would become available. This is an absolutely true and correct state- � 11A ment since it is totaily unknown when an existing position will be vacated. To this date, there have been no patrolman positions vacated within the depart- ment since the petitioner was hired in the technician category. 3. It appears that ihe Depariment of Veterans Affairs gave 1ittle credence or consideration to the fact that the City in fact did hire the veteran a7though it was not the precise position to which he had originally applied. The rationale behind the ordered relief of the petitioner could be much better accepted if in fact the application of the then existing veterans law was fu11y understood, which it was not by various state agencies, that the City fully understood the appiication as conceived by the Department of Veterans Affairs, that the City did not give the veteran any consideration or waiver of.quali`'i- cations, and if the City simply refused to honor the law or hire the veteran. This obviously was. not the case. 4. On two separate occasions, once by a member of the City Civi1 Service-Commission, and once by myself personally, we con�acted the State Civil Service Commission to obtain their interpretation of the applicabil�i�y of the "absolute veterans preference law". In both cases we were lead to believe that the absa�ute �re�terans preference 1aw meant. that all veterans that received a minimum passing score, would be piaced at the top of an e�igibility roster. Thereafter, the veterans would be on equal grounds with . al7 other ap�licants with respect to the application of the so-calle� rule of three. This is not to indicate that the State Civil Service Commission was in error nor to indicate that they are in any way responsible for their comments. It is oniy to indicate that there were differences of opinion regarding the applicabi7ity of the law that was ihen in effect. Perhaps the comments coming from the State � Ciuil Service Commissian may have been based on knowledge that was later published in the Minneapolis Star newspa�er, in which the current commissi�ner of veterans affairs indi- cated that that department had never pursued any of these compiainis, and in fact k�ad received iwelve previous complaints in which no action was ever taken. This latest development, after the receipt of the order, certainly could be construed to infer discriminatory enforcement. 5. In furtherance of doing everything possibie for this particular veteran petitioner in addition to•waiving the minimum qualifi- cations and in fact hir�ing him at the same time af the other applicants, I also indicated to him as supported in my letter io you of September 20, 1974, that he was next in considera- tion as a police officer replacement on the current Fridley Police Civil Service list. 6. Another consideration given�to �he petitioner with respec� to his veterans status was the agreement on the part of the Fridiey Poiice Department, at the petitioner's request, that we participate in a Veteran On-The-Job Training Program so �hat he could acquire additional compensation. rn;s request was comp]ied with and the petitioner does receive additional compensation through this program. 7. . It is interesting to order is rendered h interesting to note was rendered after t recognized that the be in effect for the note that the law under which the as been repeaied� It is also that the judgment regarding this case he repeal date, although it is fully appiicability of the law would still petitioner. i 8. In the Minneapolis Star artic7e of May S, veterans commissioner, Russell Green, ailegedly stated that Keding (the petitioner) still had the highest eligibility rating under the new lavr. This statement is correct but somewhat misleadi�g. It is true that the petitioner would still have had the highest eligibi�ity rating under the new iaw, haN�ever he woul� have had that rating because under the new law specific addit�onal points are given to an applicant who is a veteran�over a nonveteran. l'n addition, the new law, as I understand•it, does not require that the petitioner necessarily be appointed after he has been given the extra points as was the interpretation of the veterans administrat-ion under tn� old law. 9. On page R-9 of the de�ar�ment of veterans affairs order, it indicates that "th�refior� Mr. fiill was no� correct when he told petitioner that he had no� decided which three men he wou7d appo�nt---°. ihis statement is ludicrous on its face. Ta make such a statement that an individual is not correct in advising an indi��iduai that he has not made a de�ision strikes at the very foundation of consi;itutional rights of free speech and freedom of expressi�n. In addition, it would infer a presumption that the petitioner had an absolute obli- gation tU accept the position to which he originally applied, and further h� coui� not accept a position other than for no . �r, which f�e �pplied even�i�'ere may be justifiable reasons for doing so. The statement that I had not made the decision is absolutely correct since it was not known whether~ the petitioner would or wo!�ld not accept the technicians position. 10. Finally it appears rather mystifying why the aepartment of veterans affairs made the decision to submit its findings �o certain selected newspapers. I do not have personal knowledge of which newspapers received the informa�ion except for the Mirtneapolis Star and St. Puui Pioneer: I do have information from other news sources thai; they did not receive such informa- tion. In my conversations with the reporter from the Min�eapolis Star I was somewhat astonished when the reporter indicated to me that not only did the department of veterans affairs send in a press notification, but they also sent that particular � ' ' ' ' ' ' � C newspaper what appears to be the entire transcript of the hearing of the case. I have not personally reviewed the data this newspapsr has received, but I have received that inference from talking to the reporter. If such action was taken by the department af veterans affairs, it seems highly unprecedented and somewhat questionable of a public agency. I have never known, nor have other people I have discussed this.with within the area of news media and city government, a case where unsolicited transcripts o� a judicial or sem- judicial hearing were submitted to the news media. The data contained within these documents are certainly available to the news media and general public in my opinion, however the method of submitting unsolicited documentation of this type seems highly questionable. It wou�d make one wonder if there may not be some self-motivated interest by some government official. Considering the above points one may then wonder wh� an appeal to the District Court would not be in imm�diate order. I do not particularly take a position that the order should or should not be appe1aed fior th� foiTowing reasons: 1. If we were to appeal the decision based upon the constitu- tionality or applicability of the law there would be little to ' gain since �he iaw has been repealed. 2. If we appeal simply because we felt that the petitioner was not now qualifiEd to be a police officer and we had no desire to hav� him a police officer then there may be some- thing gained, however this is not the case. We have advised the pe�itioner from the beginning, and we have reconfirmed our intent since the inception of this case, that it is our desire to hire him as the next police officer replacement. We could probably go so far as to say if we appeal and won the case and the petitioner remained a�ith the Police Depart- ment that in ali likelihood he would stiil be the next police officer replacement even though we were not under an order to do so. 3. In reviewing computations made by our finan�ce department, they indicate that the actual cost to the City in back wages and benefits amounts to $1,331.71. It therefore appears that econam�cs again would not be a justifiable cause for appeal. It then appears that the only logical reasoning for appealing this highly questionable order is basically on the principle of one or more points that I . previously outlined. It then is a decision of Council if they feel ihat one or more of these principles are strong enough to rebut the order of the veterans administration to prove a point. For �his reason, I feel this is a political decision rather than an administrative recommendation. I trust the information contained in this memo wil] be of value to you and City Council regarding the above matter. CITY EMPLOYEE APPOINTMENT FOR CONSIDERATION MAY i9, 1975 Name David J. Keding Aosition Probationary Police Officer . Salar $83D lst 6 mos $880 6 mos to present �J Effective Dat� Sept. 30, 1974 CL�IMS GE�'�R!�L 39�7� - 3��oq + a7°?� - 9�1E + �°��1 - �911 LI ��.'0„ 9�17 - a��,�0 + 9°12 - 992� � CQNTf2ACTOR'S LiC�NSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR MEETING ON ' � MAY 19, 1975 � � BLACKTOPPING . ' I�PPROV�D BY Pioneer }3lacktop Inc. 7608 - 6�3th Avenue North i3rooklyn Park, mn. 55428 Byz Arthur Scherber D. Clark RENEWAL t Fxank's Excavating Company � 3924 Dougl.as Drive i Minneapolis, Mn. 5S42B By: Fran;c Gaulke D. Clark RENEWAL i , i Ted Renollet-t • ; , 927 Andover Boulevard N.E. Anoka, Mn. 553Q3 By: Ted Renollett D. Clark RENEWAL i GENERAL CONTRACTOR i � 13mgrid Develcpment Inc. • 1690 Silver Lake Road s New Brighton, Mn. 55112 By: Norman Dalberg D. Clark NEW � � i Brickner F3uilaers, InC = � i 6245 Ben t�i�re Drive N,E. Fridley, Mti. 55432 By: Tom Brickner D. (:lark RENEWAL - � Daco Contractors . 8701 Jefferson Street N.E. ! Minneapolis, Mn, 55434 By: Frank D'Aigle D. Clark NEW ". Dailey Homes, Tnc. 85Z0 Cen�tral Avenue Blaine, Mn. 55434 By: How�arci Tharson D. C�ark RENEWAL Richard Hastings Co. 6331 Riverview Terrac2 N.E. Fridley, 1�Sn, 55432 By s Richard Iiastings D. Clark R�NEWAL Wa].ter Maciaszek 11-62'� W�y N.E. Fridley, Mn. 55432 By: �lalter Maciaszek � D_ Clark RENEWAL Pools Inc. • 229 West 60th Street ' Minneapolis, Mn. 55419 �By: Wayne Swanson D. Clark NEW Ryan's Construction Co. 6389 University Avenue N.E. Fridley, Mn. 55432 By: Thomas F. Ryan D. Clark NEW i Rut].edge Constxuction Co. 1409 South 7th Street Hopkins, bin. 55343 By: Tom Rutledge D. Clark RENEWAL i Licenses for Council Page 2 • �EATING . ' Bostrom Sheet Metal Works Inc. 785 Curfew St. Paul, Mn. 55114 By: A. Pavlicek MASONRY Crete-Wood ConStructi.on, Inc, 1705 Raddison Road N.E. Blaine, Mn. 55434 By: Fred Rehbein • Norsk Conerete Construction, Inc. 4650 Johnson Stxeet N.E. Minneapolis, Mn. 55421 By: James Jackson SIGN ER_ECTQ?2S , Nordquist Sign Company, Inc. 312 West Lake Street Minneapolis, rin. 55�U8 By: Ri.chard TJordq�aa .st SWIMMING POOLS-PUBLIC Lucia Lane Apartments 6680 Lucia Lane N.E. ' Fridley, Mn. 55432 By: Timothy Eide Georgetown Court A�artments 5750 East River Road N.E, Fridley, Mn. 55432 By: M. Fila.s��er �A W. Sandin RENEWAL D..Clark RENEWAL D. Clark NEW I7. Clark I2ENEWAL S. Olson RENEWAL S. Olson RENEWAL ESTIMATES FOR CITY COUNCIL CONSIDERATION - MAY 19, i975 American Contracting Corp. �540 Yellowbrick Road Coon Rapids, Minnesota 55433 FINAL ESTIMATE IVO. 4 for Wa�er, Sanitary Sewer and Storm Sewer Project No. 11b Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL ESTIMATE N0. 5 for furr�ishing re�.�dent inspeci�on and resident supervision for Wat�r, Sanitary Sewer & Storm Sewer Improvement Project No. 11E -�rom March 31, 7975 through Apri] 26, 1975 Mr. Carl J. Newquist Smith, Juster & Feikema . Suite 1250 8uilders Exchange Building ' Minneapolis, Minnesota 55402 Prasecutian work during the month of April, 1975 � � G,��/ Cr � Q .� � �l% �u N � $10,654.62 $ 1,825.82 $ 1,345.00 0 l4 , � . ., 1 Uate P4ay 15, 1975 ' T0: Ricllard .N. Sobiech, Public �Vorks Director City of Fridley REFOFZT ON FINAL INSPECTION FOP. tiVATER, SAtiITAP.Y SEIJER AND STOIti�'I SEti'JER PIZOJECT NU�iBER 116 , {�e, tlie undersi.gned, have inspected the above menti.oned project and find that Lhe work rec�uired by t}ie cotitract is substantially complete in canformity W1tI1 the�Plans and Specifications of the project and any or all deficiencies have been corrected by the Contractor. So, therefore, we recommend to you �hat the City approve the attached Fi_nal Estim,ate for the Contractor arid the one year mai.ntenance bond start from the day or �he approval of this estimate by the City Cauncil. Additional Remarks See attached inspection xeports. 0 . - l� a ��.q ,� ���t"I�1 � �� r � CONS`TP.UCTION INC�iARG� - ASSISTA�'d'T Ei�IGI\E�It ���• , . , CUNS I2UCTION INSPECT �;S � ^ • � ONTP.ACTOR RL'PRESENTAT V ' � COMSTOCK � D�VIS, INC. � . , � l4 B Consultin� �n�ineers , • '� ' 1446 County Road "J" ' , Minneapoli.s, Mznne9ota 55432 � . Da�e 5-14-75 � � . i i bl e Ma or and Cit Council R�: Sac�ira Sewer, Water & Sto� Sewer � I'T� Honora y y rY c/o Mr. Dick Sobiech, 'Direcror of Public Works Cit'y oi' FridZey . 6431 University Avenue, N.�.� Minneapoli.s, Minnesota 55432 I � . ' ��Gentlemen: � Contract Item I1� D.I.P. �. D.z.P. & 18" Steel Carrier � Pipe 8�D.I.P. ''�6 D.I.P.. 10"x1U"x10':Tee I. x 10" x 6" Tee ;8�x8''x6"Tee lp" x .8" Reducer ',•1� Gate Valve 8 Gate Valve 8 22-1/2° Bend 8" 11-1�4° Bend 1� Pl.ug ' 8 Pluo 'Hydrant With Gate Va1ve 1� P.V.C., 22`-24' Dp. � J.0" P. V. C. 20' -22' Dp . '$� P. V. C. 12 `-].4' Dp . 8 P.V.�C. 14'-16' Dp. 10 � D.I.P. & I.S" Steel Carrier � Pipe S�ndard Manhole , Drop tianhole , E ra Depth ifanholes 4� C.I.P. or 6" P.V.C. Service Lines �Granular Pipe Bedding Materiali � 5�' $.C.P., CZ IV I I S��" R.C.P., Cl III '� 4' R. C.P. ,• Cl III i I ��' R.C.P., C1.III ' 30' R. C.P. , Cl IYI , �" R.C.P., C1 III � ' R.C.P., C1 III , � Improvement No. 116 Fridley, Minnesota 't �,MERICEI.N CONTI2ACTING CORPORATION, Contractor Est. No. 4 Per. �nding 5-I4-75 � (Final) . _ sxt�Tn�E�x oF taoRx h/�\TTT A fyT 1 �stimated L'nit Quantity Quantity Price This Est. 860 $ 9.6C�/L� , 40 6i0 15 2 l 2 � 1 1 2, 3 185 71Q 510 70 40 z 26 - 30 100 56 36S 500 60 z�a 400 �I8 $ 28.00/LF S 7.80/LF $. 10.00/LF $ 168.00/Ea. $ 143.00fEa. $ 112.00/�a. $ 7�..00/Ea. $ 364.00(Ea, $ 252.00/.�a. � 7d.00JEa. $ 70e00/Ea. $ 30.00jEa. $ 24.00/Fa. $ 690.00%Ea. $ 12.50/LF � i2.ao/�,F $ 8.50/LF $ 9.3Q/LF. $ 36.00/LF $ 615.00%Ea. $ i310. QO/Ea. $ 42.00/LF $ io.00tLF $ 0.1Q/CY $ 53.00iLF $ 46..40/LF $ 37.00/LF $ 31.50/LF $ 16.25/LF $ 14.00/LF $ x3.7o/�,� 1 O� 3 PROGRESS: Quantity ; Amount To Date � To Aate 813.5 Y �,H09.60 G0.0 667.0 15.0 2 �. 2 _ i 1 I 2 3 $ 1,120.00 $ 5,202.60 $ 150.00 $ 336.OQ $ 286.OQ $ 112.OQ $ 142.00 $ 364.00 $ 504.OU $ � 70. OQ $ 70.00 $ � 30.00 $ � 48. o0 $ 2,070.00 99 $ 1, 237 ..50 803.5 $ 9,642.00 532.$ $ 4,528.80 � 48 $ 446.4Q �+0 $ 1,440.00 4 $ 2,46C.00 1 $ sio.00 29.14 $ 1,223.88 30 $ 300.OQ 32.5 365.6 495.8 57 � 199.3 399.6 '108 $ 1,722.50 $ 16,817.G0 $ 18,34�+.60 $ 1,795.50 $ 3,238.63 $ 5,594.40 . $ 1,479.G0 0 � � � � 14C ' CONTRt1C� pROGRBSS ' .' � Eetimated Unit Quantity Quantity Amoui Contract Item uantit Price This Est. To Date To Date R.C.P., C1. xiI 91 $ ].7..00/L� 104.7 $ 1,151.�0 �. t; 15" K.C.P., C3.. III 50 $ 10.30/LF �� 79.3 $ 816.79 �: lt zz.c.P., ci. zzz � 70 $ 9.�o/�r �� S 6$i.6o ; 4� x 5G" R.C.k. Increaser �, � Ci. rzz i $ 4zo.oal��. �. $ 420.00 � G"�x 18" R.C.P. Offset Tee • � C1. TII 1, $ 305.00/Ea. � 1 $ 305.00 4 x 12" R.C.P. O�fset Tee ' � . • C1. IIi 1 $ 305.00%Ea. 1� $ 305.00 �i�ole - Design J 2 $ 415.00/Ea, _ 2 �$ 834.00 ri ole, 8' Dia.-(Design F above) � � 1 $1,70.0.00/Ea. � 1 $ 1,700.00 M ale, Design F 6 $ 480.Q0/Ea. 6 $ 2,8$0.00 M�hol�:, Design G k $ 260.00/Ea. 4 $ 1,040.00 Extra Depth Manholes 13 $ 42.00/�a. ].0.06 $ 422.52 M. Castings 700-7 & 71? 3 $ 80.00/Ea. 3 $ 240.00 Pi�. Castings 700-7 & 73�-�' � 4 $ 77.00/Ea. 4 $ 308.00 M.H. Castings 801, 810 & 821-8 6 $ 120.00/Ea. 6 $ 720.00 C�non Excavation 5,330 $ �.On/CY � 5330 $ 5,330.00 Total ` 106 546.22 , . . - . . � . ' � .. . '. � .. � . , � . � . ' . � � . � � ... .' . . '. � , . .. � . . � '. � . �' �.�. � ' • - ' .' � � . . . ' ' • . . . . - ., • I ' . . •. I ' . • . ' 2of3 . ' ' � ' . . . . . .. . .� -... s nxY: ' . � � . . � � - � � � . , 1� D � . . Ori�l.nal Contzact Amount , . • � $ 1.Q7,7la5.60 ' Contzact Additions - Ciiange.Order Nos. • � $ ' Contzact Deductions - Chanoe Order Nos. $ � Revised Contxact ,Amount $ I' Value Completed io Date , . ' � $ 106,546.22 I Material On Hand � . $ ' _� T • • . . • . . ' � . 106 546.22 , SUI3 PO I�I. . . . $ , � Amount P.etained (10%) $ Less Aarount Paid Yreviously , .�. $ 35,891.60 I,�MOUNT DUE THTS ESTIriAT� � � �. $ 10,654.62 C'�TiFICATE 0� THE CONTRACTO� ' _ . ' �. I ereby certify that the work performed and �he materials supplie3 to date under terms �o the.cont,ract for reference projec�s and a11 authorized changes thereto, hava an actual � va ue under the contract of the amounts shown on this estimate (arz@ the fznal quantities a the final estimate are correct), and that �this estimate is jus� and correct and no paxt of t� "Amoun� ue This �stimate" has been received. � - . � �Y .� -- ..� � �; - -�- /,,.%-Y� > Date �-�''= /� - ,9S � ontractor's Authorized Representat�zve (Title)� . . . � CERTIFICATE OF THE ENGINEER � . � I�ereby certify that I have prepared or examzneci this estimate, and thati�the canCractor is entitled to payment of this estimate under the contract for reference pro3ect. C'1STOCF: & DAVZS, INC. . � � � �,,; /_-,,� . � % ' ' � I . . I ' . Ic� t�merican Contracting Corporation ' ' . � Date l� r� (,� — 7 � � Res�ect�ully submitted, . . COMSTQCK & DAVIS, INC. B i/i� �� %� c_1 y �.V. Comstock, P.E. 3 of 3 0 � : I 1 1 1 TIME RECORD FOR MAY , 197�> PROSECl1TI0N I�IOP.K_ � 1. Preparation, Travel and Time i►i Court for 31 Caurt cases and 4 Pre-Jur� conferences. , 2. •InVestigation an�d Process of Complaints , including office conferences> phone con- , ferences, correspondence and preparation of 22 Formal Compla�nts. ' 3. Court and Police Administration. ' TOTAL ' , _ -- - 17 h�urs 18 hours 00 hours 37 hours DATE � � � ' FORWARDED FROM LAST STATEMENT 5-05-75 For legal services rendered as Prosecutor ' for the City of Fridley. Apri1 1975 Retairer. � $1.000_00 Secretarial Services. 100.00 7ime in excess of 30 hours. ' (7 hours). 245.00 1,345.U0 ! dec?� � uii�er pena�ties of ;a��� t"�at this .' accou t, `a.�� �cr cie..�,�nu i� iusi and cor• rect a d�t ,^�• ;i 17:�s been r�� ';-------- ' " L�.'� l,ti,�.�1 � ' Signatur o� C�� �� ant � SMITH� JUSTER, FEIICC-MA, HASKVITZ nH0 CASSER�Y , � ATTORNEVS AT LAW _i�� , �s� io: �� I ' ' I ' 30 minutes 45 minutes 45 minutes • 9ALANCE $1,345.00 0 14 � '� � _ _ _ � � LAW OFFICES . � ( � -, f WEAVER, TALLE & HERRlCK Cc_:�s'�"� CHARLES R. WEAVER � HERMAN L. TA�LE � � 316EASTMAINSTREE? VIRGIL C. HERRICK ANOKA,MINNESOTA55303 ' ROBERT MUNNS � 421-Sa13 JAMES D. GIBBS 7 WILLIAM K. GOODRICH �.3T 16, 1975 � THOMASA.GEDDE - JEFFREY P. HICKEN � , ' city of �r�aiey , ' A ril Retainer � P $1,OOO.QO 'Council Meetings 13 haurs� Staff Meetings 5 hours Conferences with Admznistration 8 hours 'Memos to Council and Staff S hours Citizens Inquiries 2 hours Veterans Preference Hearing and Preparation 5 hours 'Conferences Re: Frontier Club 4 hours Conference Re: Richard Miller 1 hour 43 hours Hours in Excess of 30 @$35.00 per hour 39Q.00 , Secretarial AJ.lowance , 1.00. 00 ' Expenses Advanced: Clerk of Conciliation Court (Re: Shirl.ey Matzek} 7.00 TOTAL . . . . . . . . . . . . . .$2,49%.OQ , ' . ' . ' � � '� ' . . . . ' - , � '. . � ' ' �. ; . ' � • ' , «4 ` ' 1 ' ,� (� T ts � • S��,w �F� i� a ; , '���t -� r.*»�,�, i� ����+�F4'� � \~�i�' (��_,�� .t�„�tid„� �q. . !�'NI;50 STATE fJF MINNESOTA � OFFICE OF THF; ATTCDI?N1�Y GENERAL ST. PAUL 5�].55 WARREN SPANNAUS ATTORNEY GENEI2AL May 12, 1375 Mr. Virgi3 Herric7c Fridle� City I�ttozney G279 University Ave. N.E. Minneapolis, Minnesota Re: P�Zr. Do�lald �. R. R.nl, Box 60 Tavlors Falls. D�ar Pnr. HArrick: Grover Minnesota 55084 I hav� once again rcva.ewed your letter of March 10, 1975 outlining the city's procedure with r�spec� to special assess- ments u�der Minn. Stat, ci1. 429 �1�74). E� TELLPIION E tG12) 296.n1v(, It �ppears from the information you have furnished that the city carries as a"q�ndi.ng c�ssessmei�zt" any �•aor.lc ordered in by resolution of the city coL��cil even though no plans and specifi- cations there£or have �;een fa:.l.ed as provzded 1�y sectiogl 429.Q41 and no cor�tract has J�?e�r_ let as provided :Y��• sectson 429.001. Inasmuc2z -as campli�nce �,�;th these two s`a�tutes appearv to be an essential pre-r�qazsi�t�e to the adoption of an assessment, I have doubts about t�.e vz?ic�ity of th� city's procedur� in treat- ing the council resolutic�i� as a pe�ding assessment. linder. �these circums-tances the assessment would seem too remote to be properly deemed "pending." T wauld appreciate receivinc� your camments and abser;�ations. ' In �he �vent you so desire, please feel free to submit a tormal . opinion request on this matter. ' bll2G : bw I , Very truly yours, MICHAEL R. GALLAGHER. Assistant Attorney General �:..�0 ' , ' � CHARLES R.WEAVER i , MERMAN �,TALLE VIRGIL C.HERRICK ROBERT MUNNS ' JAMES D, GIB05 ' WI�LIAM K. GOOORICH THOMAS A,GEDDE JEFFREY p, HICKEN � ' ' LAW OFFICES . WEAVER, TALLE & HERRICK B�ey'ent-F�enklin Corp�ration 9�0 tdes � ��mtv �a�d � . Idew Bri�itnn, t�tfnne�sv�a G�ni'I�s�er�: xiap 14, i`:�75 316 CA9T MAIN $TREET ANOKA� MINNESOTA 55303 421-6413 6279 UNIVEq31TV AVENUE N,E. FRIDLEY, MINN�ESOTA 55a32 SOO-3650 FIRST STATE BANK BUILDtNC3 COON RAPIOS,MINN.55433 755-1330 2t�is leCtzr is �azitt�n r� �'ri�l,ey City A�toz�ney, Z hav�* on this �� da�e �:ec�ived a te1,��YeonQ i�nquiry �ram qou about the le��lity af Br�►ez�t-- Fr�ntclia nx►��rin� ir��o g shor�--t�� l��s� �aith 13Ank'� �or tlxe leaee of yAUr w�ret�ocacae Iocateci s�n 7tit� S���et i� I�ridl�y. �niieaata. You have acivi,�►ed ra� t:�a� the �.�.��c� c��.:tl. t�� far r� �aa-�rsr�tiz t��ri�d �n3 Chat Ba�k's will 5�ar�ahou�e merch�n�iisA duri�a�; �;ir�� nAriod �ag ei��. �'c�u �z�tve �urther ir�dics��+md t%at �ux�i.a; �;�� ��tt�r ���C af thc� t�aaa--�4�tth �a�riad, for a ti� � �s►��.��a3 beC�aQ�n �av u•e�k� ��d ana �cr����, �ank!�s ��.1Z ��I3. �°�archan#ise fr�r ��id ��x��.�aus�. Xou tz��*� �.�o �ci�a3����i mc �hat sll o� �:ec parkin$ ��c�3.iti�s for �aat� caf yo�� w�a���aa���� r�t eilis xoc�tiac� �c�xalri �e �ade eva3�l�bi� �o ���c "s auz�,u ,�t�e �ax�a o����tiaa. ir�u huv� r�quested an ' opi�,an af �cs� ���y �s2���t:�r t�i€� is a u�e r�tsaC i� authc�rized by the Fridlay C3tp �a4c:. ° , . X i�a�ve di��u���u �His �t�e� ��.th J.�rrc�1 Ciaxi�, i��aci uf r�� �ri.d?�p In��s�c�ian L���a�L•ea��,t, .�s Z ir.c;ic.ated iu ��x ��t�li�r o�,ini4�, tha city i�� �,;���.���;� ��,i�� o� �aarclr�n.d��e �ra�u � w�r�'riausct aa prn�erCy � soneci iudu:�CrfA1.. Zt :*stc.�].d br� �y a�inic::� G`�nC ixzu�;r.:uc� . as Chis is a temp�r�r3r use, r�n a�3s�itia�s�2 p�ts�i�� wa�zld be r��sa�'.red frca� the citq. So �i�eC e.�ere� i.a z�� �.�u�cie�a�€���in�r, i c2a csll your s�t�nt�.aa Co� the ' fact t2aat the �'�icil�y Ci�* t"�s�acil ir�dic�teci th�t it' ths ��e�x���.oa were to b� � pQraa��ae�t oaQ, ti7.�: ��rki�� end 1�az�Grac.apin ; plsn �ou1.d hmve to �eet tia� approv�7. oi Che ��unci�.. Th�s reqsai.r�u�su� sti�.l ea�sts. ' , I ' , Usrr�i CIar�C ha�e� �1�0 �siv3�sd ��hat it �ill be nscasasry far Bry�nt-Fraxiklia to obtsi� a certificata of occupar�cq and to wazshous� ai1 �aterinl sa �� to �et the Fir� I�p�rtc�ent r�$ulations. Plea�e �hack r►�th him on tk�aae itsm� e� aoon aa possibls. VCiI : JLH cc: Darrel Clark ca s biaata Qurashi Siucnraly, 1��� ,, � �. � Virgil C'. Herrick i I �� 16 �Er��;rur�ivAc ' 2278 HIGHCREST DRIVE ROSEVILI.E, MfIVfVESOTA 55113 TELEPNONE 56121 633-6170 Mailinp Addrese P.O. Box 3942 , St. Peul, Minnesota 55165 i ' ' � � � , ' May 1 �+, 1975 0 City of Fridley 6�+31 University Avenue, N. E. Fridley, Minnesota 55�+32 Attention: City Nanager Gentlemen: I am interested in servin� within your planning commissi.on structuxe, including a position an the Planning Commission itself. In viewing your proposed Planning Conmission re- organization, T feel that my talents and interest might best be applied in "Gommunity Develogment41; ho�ever, further re- view might indicate good placement in some other subcommittee. I served as a Planxiing Commission member (Chairman., Streets & Uti�ities Subcommittee) in the 1963 to 1965 era. I am a graduate engineer and manage the Plant Engineering & Services Department for tP.VIVAC in•Roseville. This ineludes responsibility for building space and facility planning, budgeting, construction and maintenance, leases, pollution control, and related funetions. I would appreciate a response to my in.terest at your convenience. Sincerely, , Q� i/ .��� . H. F. Bergman 5503 Regis Trail Fxidley, Minnesota 55�+32 Telephone: 788-3683 C ��.�� � 0 J � ! ; .,�s.,,. . , „� e ..,,,.. - - - ^,I r ,7 � � � AmendmPnt Contract For the Towing, Storage and Impounding of Vehicles For The City of Fridley Section 13 ta the agreement entered into on the 18th day of November, 1974, by and between Shorty's Towing Service, 5755 University Ave., N.E., and the City af Fridley, 6431 University Ave., is hereby amenaed to read: "That the contract%r agrees anc�/understands that he is exempt from �e City op'dinances only to park one (1.), non-diesel ��rtype wrecker not to exceed 11,000 lbs. gross weignt,'in his driveway or - garage or in the.driveway or garage of an author- ized em�loyee in a residen�ial area. a��-��eR . e��y�������-��ese-�e�ws-��s-�e��a�-p�a�e-a€ �as��e�s-�s-e�sse�. � � Witness Witness Contractor: Shorty's 7owing By: Date: City of Fridley By: Date: