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05/17/1976 - 5708JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING MAY 17, 1976 � t�fEh�,� TQ; - QEPARTMENT HEADS ' ..� � � � Following are the "ACTIOtJS NEEDED". Please have your answers back in the City � Manager's office by Wednesday Pdoon, June 2, 1976. Thank you. , • � . . � . '� , FRIDL.EY CITY CC�U►dCIL -- REGULAI� f�fEET�IiVG — M�Y 17� 197b � 7:30 P�, f�f, �1 I � �I PLEDGE OF �LLtGIAiVCE: , 1 . � 1 � ' � �. � � � . � ' . ' ROLL CALL: � Aii Pres�nt ' PRESENTATIO��: PRESENiED TO � ITY CQUi�lC I L—�TH �NNUAL STI�T� AFlARD " RECEiVED BY FRIDLEY HUM�1hJ RIGHTS COP1MISSIOi� FROM � THE LEAGUE OF EiUM/ah1 �IGHTS �0(�''�MiSSI(JNS . Award Presented . APPROVAL QF f�Ii�UTES: REGULAR COUI�C I� P�EET I ��U, �PR I L 1�, 1g76 Approved as submitted : ADOPT I Oid OF AGEIdDl1: Added two items: Park Property at Innsbruck f�orth Park and MTC 7ransit Shelters - 0�'EN FORUi�, VISITORS. 1 ' � I .� �ITEMS �IOT ON �GENDA � 15 Mrn;u-r�.$) 0 0 a ��j � �� . . . .... .. . ..... PAGE 2 REGULAR MEET I NG,� fy1l�Y 17, 1976 � . , PIiBLIC F(EARIi�GS: � PUi3LIC HEl�RING QN �FZOPOSEn CHARTER CFi�1NGES. _ . . . . • � t � �. � 1 B Public Hearing opened at 7:42 - closed at 7:45 (See Action Needed under Consideration of First Reading of ordinance - Item 4) � . . '� .. I OLD BUSIiVESS: ., CONSIDER,4TION OF SECOh1D READING OF AN ORDI�ANCE AUTHORIZING TH� ISSUANCE OF ON—SALE WINE LICENSES; _�: PRESCRIBING �ONDITIOf�S ThEREEQRE; A[�D PROVIDIl�G PE(�ALTI ES FOR VI OL/�T IONS TNFREOF : AME(�D I NG CHAPTER � 6O3 OF THE FRIDLEY CITY CODE BY ADDING A�EW SECTION THERETO; AI�D AMEf�D I f�1G CNAPTER ��., SECT I ON 11 � l� OF THE C I TY CODE REL�T I t�lG TO FEES � � � . � � � � � �. �. � � ,.• Ordinance No. 611 adopted on 2nd readino. TY MANAGER ACTION NEEDED: Publish ordinance in Fridley Sun ,..�2`2� �C�NSIDERATION OF SECOhD READING OF A�! ORDINANCE FOR , VACATION REQUEST, STREETS AND ALLEY VACATION SAV #76-02, _ BY I�RS� RAY PRESTEMON. GENERALLY LOCATED ON THE EAST .- � : AvENUE(�,E,�..,..�.�,,,,,,... 3-3A S IDE OF 1391 53r�D Ordinance No. 612 adopted on second reading. TY MANAGER ACTION NEEDED: Publish ordinance in Fridiey Sun. � - ' � � � . � 0 ' ,' a 1 � I � I F INANCE I � •' ' ENGINEERING ' � 1 ENGINEERING ' ' i , ill � � REGULA� i�EET I NG, MAY I7, 1976 � � � � � � � � � � � : � " � � � � � � � � � PAGE 3 PdEti� BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING THE CITY CHARTER �F THE GITY OF �RIDLEY, . . . � � � � � � Council adopted first reading of ordinance as presented except for Section 5.08. Also remove four words that are superfluous in '�.14 to malce correct sentence. ACTION NEEDED: Submit ordinance for second reading at next regular meeting without Section�508, and with Section � corrected. . - � '7. i c� � .4-4F CONSIDERATION OF FIRST READING OF A(1 ORDIt�Af�CE AMENDING CHAPTER Z1�6 OF ThE FRIDLEY CTTY CODE PERTAINI�G TO THE BU I LD I NG CODE A�?� �ERh1I T �EES � . . � . � � � � � � � � � � � Adopted on first reading ACTION P�EEDED Put on next regular agenda for second reading. CONSIDERATION OF.FI�ST READING OF AN QRDI[dA�C� FOR REZUf�! I f�G REQUEST, ZOi�1 I NG �RU I ��`,NCE aM�NDMENT �OA #�7G—�l, BY �OHN NALlJPTZflK, FROM C-IS TO �'�-1 � GENER/�LLY LOCATED �tiiEST OF �Z�O %3� AVENtJ� IV � E � � � � � � � . � . . . � . �dopted on first rQading � ACTIOPJ NEEDED: Put on next regular agenda for second reading. 0 c 5 - 5 � ,,,6-6N 0 I • I , NANCE � .. � . ... ... . .. ... PAGE 4 . .. .. . .. .... .. REGI�LAR i�iEET I iVG, ��AY 17.,� 1976 � � idEW �BUS INESS (CoNT t r�uED) CONSIDERATION OF FIRST READING OF AN OftDINANCE LICENSING BINGO �PERATIONS _ „ (NOTE: TO BE AVAILABLE FROC�1 CITY �T70RNEY MONDAY EVENING) O.rdinance adopted on first reading ACTTQN NEEDED: Put o� next regular agenda for second reading. CONSIDERl�TIOf� OF APPRQVAL OF FINAL PLAT SUBDiVISION ' p�$, #76-03, �EIGH TERRAGE, BY �EIGi-� �NVESTMEt�7S, INC. GEt�ERALLY LOCATED �"�EST SIDE OF INTERSECTION OF I OSBOR(�E ROAD AIJD EAST RIVER I�OAD � � � � � � � � � � � � ' ' ` 7-7F Final Plat approved with with suggested name "Osborne Wa;�" and•with � fol7owing stipulations: (1) 10' sidwalk easement; (2) exist to East ' River Road to be barricaded; (3) check into possiblity of underground utilities. GINEERING ACTION NEEDED: Proceed as directed . .. ,. ' �� . 4 NGTNEERING i � �, . ' RECEIVING THE MIhUTES OF THE PLAN�tING COP�iMISSIOE� � i�EET I NG OF �'�AY �; 1976 � , � � � � , � � � � , � � . � ' � � . � - $ X �., CONSIDER/�TION OF APPEALS COMMISSION ��If�Ui�S �o� AQC� i � 27, 1976 , , , , , , . , < < . , , . , , $A - �� . (A) A� C� MATTSON, EZ%� RIVFRVI Et�J TERRACE �� 8F - 8fi � APPROVAL & £iV � p F S CQMM � RES�4M�1F.1��ILQN.� P�.a�t��S�t��t � . Co�vcuR . ,�Q��1ctt___=___A�]'10N RE-�I_R_�D: CONSIDERIITION OF RECONt- . h1ENDAT I ON City Council concurred with recommendatton ACTION hEEDED: Inform applicant of Council's action ; � � i_ � � ' .. , ENGINEERING �' #GINEERING 0 GINEERING I�, I�� REGUL�f� MEETIiVG, MAY 17, 1976 NEW BUSINESS (CONTIr�UED) L� 0 . .. . ... . . . . .. . .. .... ... PAGE 5 �PLANNING COMMISSION MINUTES �ONTINUED) .�APPEALS GOMMISSION MINUTCS) $� FRIDLEY V�F�W„ �.040 OSBORNE ROAD. � . � � , 8H - 8I � A.�PJr�QMM � RECOLI"��NDAT 10��; : APPROVAL P11�(�N I �G COM��1 � ACT�i_: CONCUR �OUNC LL ACJION P�Q�IIRED: CONSIDERATION OF RECOM- MENDATION City Council concurred with recommendation ACTION NEEDED: P�otify applicant of Council's action 2� R4BERT DEGARDNER, Z�A �#76-�2; 6431 TH#65, • R-3A To CR-1, � , � , , , , � , , , . . , , � , , , s�v - sR s� aw Pj.:�_N I NG 0 , R GO "�`i - J AT I �( : UEN I AL �OU(�dCIL ACTTQN REC;UIRF.Q� CONSIDERATION OF REC�MMEND�TI Ofd � Council set a public hearing on June 14, 1976 AC7ION NEEDED: Make arrangements for public hearing and check on home �occupatian and sign at 7S50 East River Road 3� �EATHER HILLS 3RD ADDITION; p�$� #76-04, MI KE O`�iANNON � � . � . .. � � � � , . � , . , � � � 8R - 8S & $X pLANNIi1��4.MN]�..�5. i��ATIQN": .APPROVAL �:QS��1_I�_�GT I ON R�Q�I jRED : SET PUBLI C NEAR I NG FOR Jur�E 14, 1976 Council set public hearing ACTION NEEDED: P�ake arrangements for public hearing June 14, 1976 � Planning Commission minutes received - file for future reference. � •, � . � � . . . ' "� . .. . .. .... .. .... '.. ... .... .. REGUL�IR MEET I �`G, � 1AY �.7, 1976 PAGE 6 1 .. . . � � . NEI� BUSI�lESS CCONTINUED) � . .. :.. . ... . .. : -- . . RECEIVING MINUTES OF THE .POLICE �IVIL SERVICE _ ' �OMMI SS I ON MEET I NG OF h�AY 4, 1976, . , . , , , , � � � • � � • y ' � � Minutes received. Council wou7d like copy of new regulations when completed. - Council fe7i Police Department report was a fine piece of work. T�Y M_ANAGER ACTION NEEDED: File minutes for future reference . ' . .' � . ' IO OF A RES�LUTION ORDERING �MPROVEMENT, CONSIDERAT N . APPRUVAL OF PLANS AND ADVERTISING FOR BIDS: STREET '� �MPROVEMENT PROJECT ST� Iy%b-IO iSEALCOATIt�G), � � � � . � � ll� - 1� 1� RESOLUTION N0. 44-1976 ado�ted GINEERING ACTION NEEDED: Proceed as authorized '. . ' ' ' . • , ' CONSIDERATION�4F A RESOLUTION AUTHORTZING AND DIRECTING TNE SPLI7TING OF SPECIAL ASSESSMENTS ON � ' �OTS 6 - �, �LOCK 2, �NAWAY ADDITION� , . � � � � . � . � � 11 - 11 � �, . . RESOLUTION N0. 45-1976 adopted � � � .NANCE ACTION [VEEDED: Proceed as aut'borized - ' � • _ _ � • � . ' . � REGULAR MEET I P1G, MAY 17, 1976 ; � � � � . � � � � � � � � � PAGE 7 NEW L�USIIVESS �CONTINUED) '� �ONSIDERATION OF SEL'LING �OTS It� AND 11, BLOCi< 6, OAK GROVE ADD I T I ON � � � �. . � . �. .� . � . � � . . � � � . . � �.Z — 12 A Selling of lots approved by sealed bid process • ACTION NEEDED: set up procedure for selling by sealed bids �LA�IMS � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1� Approved . ACTIOf�I NEEDED.� Pay claims as approved ESTIh1ATES � � � � � � � � � � � � � � � � , ► � � � � � . � � 14 — �.4 }� Approved for payment ACTION NEEDED: Pay estimates LICENSES� . . . , , .� . . , . . .,. , , , �, . ,� . . . , , �, . , 15 - 15 0 Licenses approved including 3.2 beer licenses request by Fire Dept. ACTION NEEDED: Issue iicenses ; . � � i �'• . r '_ . � �. 1 REGULAR MEETIiJG, MAY 17, 1976 idE�l BUS I NESS CCoNT i t�uED) APPOINTMENT — CITY Eh1PL0YEE ... .... .. .... .... .. . .... .... .... . PAGE 8 a � � � • � � � � � � � t � • � i Elaine Tibbets, Clerk Typist, City Management Department approved � 7Y MANAGER ACTION NEEDED: Inform accounting of new employee � r . � � � . ' CORRESPOE�DE��dCF : l6 ' CABLE TELEVISION COMMTSSION: CABLE SEMINAR� � � � � � � � , 17 - 17 A Council approved Mayor Nee attending Congressional. Sub-committee meeting in Washi�gton, D.C. Council voted 3/2 to send Commission member to seminar in Atlanta. GINEERING ACTION NEEDED: Help make arrangements for CATV Commission member to go to seminar if City Attorney's opinion is that a 3/2 vote is sufficient �. PARK PROPERTY AT INNSBRUCK NORTH PARK . � Property not to be sold this year. Staff to review for sale sometime � in future. ENGINEERING ACTION NEEDED: Review property at Innsbruck North Park for possible sale _ - i-n: fature. � M C TRANSIT SHELTERS T City will provide slabs for shelters. Let� r of thanks to be written to Bruce Nawrocki for Mayo��'s signature. 'dGINEERING ACTION NEEDED: Draft letter of thanks for Mayor's signature ' • ADJOURN: 11:15 P.P�I. � �' . ... �� • , 0 0 ' , FRIDLEY CITY COUNCIL ME�T�NG ( „ �� ' P�EASE SIGN NAME ADQRESS ANQ ITEM NUMBER INTERESTED IN DATE: 'NAME ADDRESS ITEM NUMBER a=a= \ ac-..a�amso=ooc,.._=�a=o==oo==s=====----=---=^===oa=o=�ama=a:o==aaaao:=o=aaaaooa-r.a�==a==a�- 1 Q t; �, u. c r�,,,,1 L � c..o ► � i � i l�_� 2 (o �� /�-U �- �f G— j r ' ,� �� F� � , � , a � � � �'� � � h- �L -5" � � o - _�` _. � C� �. �� _ % t�- _ � . � j ' � � �'�� 9 ��,dCi;/� ��D� � ; � � �y �°�.-- ,-1 C� S ti-�� ti� � (� � i .�-- � ' c -� .---> _ �► , � ��" ;�� ' � 3/ rt �� 4' �' �� 1 l3; h '>„�f,�- ��-c-,-�-. �o/ 9 � s �, �7 �£ / . C � � ,( � � �I� `�� 1 � ��"D ��`r�;' � ' 1 � �� r�-.� ��. � - �' � � �1 fZ v�� z ��w� � IZ _ 1,v�U- � L�/� _ � � � s ,��,�.,-� �� ' ' N 6 � �� A '�- * �? i � S� w_ ;, , �� , �' �.?' � �' ,� � 4�wa TNE P1IPlUTES OF THE REI;ULAR �1F[TING OF THE FRIDLEY CITY COUtlCIL Of �1AY 17, 197,5 The Regular P1eetinci of the Fridley Cit,y Council was called to order on P1a,y 17, 1�76, at 7:33 P.f1. by Playor P�ee. PLEDGE OF ALLEGIANCE: P1ayor Nee �velcometl those nresent and invited them to join the Council in the Pledge of Alleniance to the flan. ROLL CALL: PiEfi[3FRS FRESEf;T: Council�-aoir�an Kukov,ski, Councilman.,5tart•:alt, Councilman Hamernik, Councilrian Fitzpatrick, and P1ayor fJee. P�1Ef1L'•ERS AaSEh�T: P!one. PRESc:fl � ATiOfI : � E3arbara Shea, Chairman, Fridley Human 12esources Com��rission, said a v�ee{; aqo they were r�res��t;ed, by the Lc�ague of liu�nan Ri9hts Con,niissior.,t.he 5th Annual State Award vrhich was received by th�� F•ricll:y f;uiran f2esources Ccmmission. She read �I�e letter. She said tnat spea!;inn for Lhe Cor�mission �ind for the Citv of I--ridlcy, ��ae I:now it tvould be i;npossible for us to have received this award without your sunnort ai�d qour conccrn, and we thank you v�ry much. P4ayor fiee connratulat�d th,� Co�an�issicn on the accom;�lishment. FiPPR01!�1L OF f1Iidl�iE;: REGULAR P1FET1fdC,, F1P;;IL. 19, 1976: P10TION b,y Coun�ilman Hainei°r�i� to aciont the n��in��t:es of Rpr�il 19, 1976 as subroitt�d. Seconded by C,o�incilman Fitzpatrick. I_)r•ori a voice vote, all vot�rq aye, !'1ayor f�le2 declared the i��otion carried�unanimcusly. � ADOP i TOf! OF AGE f:D/1: The Council added t��ao itc�ns t�� the P:nenda: Disri�ssien Rc��r•dir;n nar�k nronerty at Tnns�ruck PJorth Pari: and Discus�,�ion Re�ardinn MTC Transit Sheli:ers. P10Tt0�� I?y Counc��Lr:arr �!an�ierri�; to adopt the aciF�nda as amende�d. Secc�nded by Councilman Fiamernik. Upon a voice �rote, all votin� ayF�, h1ayor flee dec�la�°ed the r�ot�ion carried unanimousiy. OPEf! FORUPi, VISII�ORS: tJo response. _ PUBL:C HEARIfJ(�S: PUf3LIC IfEA2IfJG OPJ PROPOSED CfiARTER CHA�9GE5: P10TIOPd by Council�-!ornan Y.uE:otvski to taaive the readinn of the notice. Seconded by Councilinan Fitzpatr-ick. U�on a voice vote, all votinn aye, flayor fJe� declared the motion carried unanir.;ously. The Finai�ce Dirertor stated that this was the leaal nrocedure to cover the items that �vere omitted firon the �Ub�1CdL10f1 of notice for the hearinn held Anril 12, 1976. These items wer•e c!isr..ussed �reviously by the Council. The items in question �•rent back to Thc Charter Coimni�sion, a��d are incorporated in the Orc��nance that is in the agenda. �:� < � REGULAR COUNCIL MEETING OF MAY 17, 1976 PAGE 2 � Part of the proposed chanqe related to lanauane to be struck in Section 5.08 and is as follows: "In case of inconsistency between two initiated ordinances approved at , one election, the one approved b,y the hiaher nercentaae of electors votina on the question shall prevail to the extent of the inconsistencv.° Dennis Schneider said that he urnes that the section as nroposed not be adopted. Councilman Starevalt asked Dennis Schneider as to what Dennis meant by a substantial number of persons; whether that meant a ma,jority or a sic�nificant number. Dennis Schneider . replied that it would be at least enough peo,r.le to force the referendum in the first olace. MOTION by Councilwoman Kuko��ski to close the public hearina. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votin� a,ye, f^ayor Plee declared the motion carried unanimously. OLD BUSIfdESS: PdSIDERP.TION OF SECOMD REIIDIPI� OF ORDI^JANCE f!0. 611 AUTHORIZIfdG THE ISSUAPICE OF _CAI F I:tTNF I TfFtJC�C• P4FCfRTRTf1� �rl�i�TTTlI�c TCi[RF�F• n�4rrinrr,i� �unpTGO �n� nG T FR1DI_tY CITY CODC BY /IDDING '1 ^l��l! SCCTIOPd THE!?E� �: P,ND A' 11.10 OF THE CITY C01)� RELATING TO FE.ES: The Public Works Dir�ctor said th2re was son��e disc.ussiori by the staff renardin� the applicability of havinn a sprinkler svstem included in the wine licer.se requirements. The question arose as te the clarification and interrn°etation of Section E,03.225 on page 2-Fl of the agenda. It lists r_ertain items, and the Public 4^Jorks Director said that in order to clarify it from an administration stancinoint the.y vdould like to indicate that a sprinklinq system should, or should not, be required as a na;^t of the wine license. The staff commented on this in checkina with the Police and the Fi�e Departments as to the extent of the nroblem. The City Attorney stai.ed that restaurants as such do noti rec?uire sprinl:lers unless they are over a certain size, but any restaurant havina a t��ine license -- well, that is some�vher•einbetween, and I think it is a dccision the Council should rnake. It: i�rill be a simple matter to write in whether or not it is requii°ed. Councilwoman Y.ukowski said she was in favor of includina the snrinkle.r system; also that the $500 initial investination fee seee�s low and that it shouid be closer to $1,000. Counc�ilr:ian Hamernik replied that it seemed to hirn thal: {50�) was a fair aeiount for an investigation. He n�ay not understand wh�it is involved, but based on a fee of ;700 for continuinq services then $500 almost seems hinh. Councilwoman Kuko�vski said that she keeps thinl:inn of it in com[�arison with the liquor licenses, and that we have to run ti�rounh certain investinatinn procedures and background checks and that rnaybe after a year it will cost us inor�e than $500 to run the check. Councilman Hainernik said that perhans it t��ould be in order to let it �o for a year, and Councilman Fitzpatrick replied that after a year it doesn't apply. If a sprinkler system is required, v�e are loadina u� the cost cn the modest license. Councilroan Fitzpatrick said he �vould be in favor of the $500. Councilwoman Ku4;owski asked the Cit,y Attorne.y hoG�f to amend the Ordinance te insure that sp�°inkler systenu would be required vrith a wine license. The City Attorney advised ; that the proposed ordinance as written would include re�uiremeni: of a sprinkler system. Councilman Starwalt said he is in favor or aareen�ent with both, but he doesn't know i if the cost is in the ball park. f�10TI0N by Councilman Hamernik to waive the readinn and adopt the Ordinance. Seconded ' by Councilwoman Kuko�,!ski. Playor Nee stated that it would be in order to amentl it. The amendment they are asking � for is whether oi° not the Section 603.22'.i includes the requireeient for the sprinkler ' system. ' f10TI0N by Council�a�oman Kukowski to amend i;h� motion to re�nove the snrinkler system requirement from the proposed Ordinance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting nay, the arnendn�ent failed. The City Manager stated that it is an initial investment that nays for itself over the years. � � ' , � , i ' i � � , � � � ; �� REGULAR COU�JCIL MEETING Of C1AY 17, 1976 PAGE 3 The vote was then taken on the origirial motion to adont the ordinance. Upon a Voice vote, all votinq aye, P1ayor PJee declared Ordinance Plo. 611 adopted and publication ordered. CONSIDERATION OF SECO^dD READINC, OF ORDIPlAPJCE �JO. 612 FOR VACATION REQUEST, STREETS AND ALLEY VACATION SAV ;;76-02, BY F1RS. fIAY PRESTEf10fd. CEPJERALLY LOCATED ON THE EAST SIDE OF 1391 53RD AVEPlUE P1. E. : ! MOTION by Councilman Starwalt to waive the readin� and approve the Ordinance on second reading and ordei� the publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, P1ayor Nee declared Ordinance flo. 612 adopted unanimousl,y. NE41 BUSIPdESS: CONSIDERATIOiJ 0� FIRST READIPdG OF AN ORDINANCE /1P1[NDIPl� THE CTTY CHARTER OF THE CITY OF FRIDLEY AWD RECEIVE THE P1IPlUTES OF TfiE CHARTER COf1?1ISSI0�4 �1EFTI"IC OF 11PRIL 20, 1976: Discussion ensured as to whether this i�as the first reading of the oi°dinance, and the City Attorney suggested that it would be better to act on the whole thing on the first readiny; that that would be the best solution. P10T:OP; by Council�nar, Fi�zpatrick to accept the head;na of the item as a first readino and to receive the minutes of the Charter Commissior r�eetin� of Aui°il ?_�, 1976, Seconded by Councilman Hamernik. Upon a voic� vote, all voting aye, 11ayor Plee declared the moticn cdrried unanimously: SECTION 5.02, EXPEP�DITURES ¢Y PFTITIOf1ERS: h107I0tJ by Councila,�or,ian Yukowski i;o approve the pronosal of the Charter Commission with reference to the ar.�end�nent of Section 5.�2., Secanded by Council��}an Starwalt. Uoon a voice vote, all voting aye, P1ayor �lee declared the motion carried unanimously. SECTION 5.03, FUR7HER REGUL/1TIOPJS: P10TIdPl by Councilti,�or!ian i<uko�uski to concur in the chanoes in this section. Seconded by Co�mcilman Fii:zpatrick. Upon a vaice vote, all voting aye, �1ayor Plee dcclared the motion carried unanimously. SECTIOf! 5.U5> FOnM OF PETITION AND OF SIGNATURE PAPERS: � P10TI0"J by Councilman Star•walt: to concur with Section 5.05. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinn aye, T1ayor Nee dec1ared the motion carried unanirnously. SFCTION 5.06, FILING OF PFTITIONS AND ACTIO"J Tfi[RFOi�l: hM1OTIOfd by Councilman N{amernik to concur tv�ith this Section. Seconded by Councilman Starwalt. Upon a vo�ice vote, all votin� aye, Mayor Nce declared the inoi:ion carried unaniirously. SECTICIN 5.08, INITIATIVF 611LLOTS: P10TIOPJ by Councilman Ilarnernik to concur. Seconded by Councilman Stare•aalt. �layor° Plee stated that this is the matter that he is uneasy about as it rettarns the niatter to the City Council. f1ayor f�ee asked if an�rone �ti�as present from the Charter Coinmission. There S��as no response. Upon a voice vote> Councilmen StarN�alt, Fii:zpatrick, Hamernik, and Councilwoman Kul;o�vski voted aye. Mayor Plee voted nay. Mayor Nee declared the motion failed by a four-to-one vote. (On the final adoptina motion only those sections concurred with unanimously ��ere adopted.) SECTION 5.13, THE RECALL: P10TIOPd by Councilman Fitzpatrick to concur. Seconded by Councila�oman Y.ukowski. Upon a voice vote, all voting aye, Playoi� Nee declared the motion carried unanimously. SECTIOPJ 5.14, RECALL PETITIONS: MOTIO�v by Councilman Starwalt to concur. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor f9ee declared the motion carried unanimously. SEC7ION 5.19, INSTRUCTIONS TO PETITIONERS: MOTION by Council�-�oman Kukowski to concur. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. II_ _ _ .. _ _ _ _ - - . _ _ __ _ --- -- -_ _ . ____ - .I � REGULAR COUNCIL MEETIf�lG OF P•11tY 17, 1976 PAGE 4 SECTION 6.04, SUBORtIIf�ATE OFFIC[RS: MOTION by Counci]��oman Kukoevski to cor,cur. Seconded by Councilman Haniernik. Upon a voice vnte, all voting aye, �1ayor P�ee declared the motion carried unanimously. ' SECTION 6.05, PURCH.ASES AND COf�TRAGTS: MOTION by Councilman Fitzpatl"iCI: t0 concur. Seconded by Council�von�an Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 6.06, CONTRACTS, HOI�! LET: MOTION by Councilwoman Kukowski to concur. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vetinq aye, Mayor Nee decl�red the motion carried unanimously. SECTIOP! 7.0�, PREPAR(a7I0N OF AP�1N!lAL [3UDGET: P10TION by Councilwornan Kuka,�rski to concur. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the r�iotioii carried unanim�usly. SECTION 7.-05, P,�SSP,GE OF THF QUDGET: MOTION by Councilman Star��ralt to concur. Secon6ed hy Ccunril��oiran �ukowski. Upon a voice vot�, a11 voting�aye, Mayor Nee declared the motior� carried unai�iinously. SECTION 7.09, LEVY P.�lD COLLECTION Of T/1XES: MOTION by Councilman Fitzoatrick to concur. Seconded by Councilwoman Kukowski. Upon a voi�;e vote, all voting aye, P�a,yor PJee declar�ed the mot�ien carr�ied unanimousl_y. SECTION 7.14, ACCGLfdTS AND REPJRTS: � MOTION by Councilman Hai�iernil: to concur �vith Section I.1�4 with superfluous vrords remove�. Seconded by Council��oman Kukov�sk�i. Upon a voice vote, all vot-ir�g aye, Mayor° N�e declared the rnotion c�,r��°ied unanimously. SECTIOP; i0.05, R,'�iES �AND CHARGES: MOTI0IJ by Councilman Fil.zpatrick to concur. Second�d by Councilman Ham�i°nik. Unon a voice vote, all voting aye, hlayor IVee declared the motion carried unaniraously. SEC710h� i0.06, PROi�ISICJ'V 01�� FRANCHISI_S: MOTIOid by Courrcilman �i:��r��ralt to conci�r. Seconded by Councilrnan Fitzpatr-ick. Upon a voice vo�t.c, all voting aye, Mayor Nee declared the inotion carried unanimously. SECTION 10.09, PUBLIC HEARIPIGS: P10TION by Council��rom,an k:ukowski to concur. S�cond2d t:;v Councilman Hamern�k. llpon a voice vote, all votinq aye, Playor� Nee declared the inot:ion carried unanimously. The City Attorney �aid that he had a nuesLion re��°dina Section 5.03; that it 4ras not handled the G•�ay i;he Char�ter Commission pi�o��oses. C�uncil;,�an St�rwalt replied ihat the Co�.m c�il faileci to pass S�ction 5.0�, and the P�iayer said that if we fai1 to ado�.�t it unanimously they have th�: authority t:o put it on the ballot, The Ciiy {4ttorne�y said there is another ��obli�m. I�1 �is conceivable �:hat yoi.i may have tvao pr�oposals on the same subject that. are beinq voted or� by the sarie: electors, lt is conce�ivable that you may have a�irorosal to enac�t an�ordinance ti��hich has been passed � and is inconsistent �vith some other ord�inance or statute and which may pres�nl; a problem.� � MOTIOP� by Councilman Star��alt to adopt tt�ie ordinance cn its first reading but only those which had a unaninious vot.e. (Al1 of ttie pronosed chanc�es �xcept those relating to Section 5.0£3.) Seconded hy Councilvror?an Kuko��!ski. Upon a voice vote, all voting aye, Mayor Nee declared the ino�ion carr�ied unanimously. CONSIDERATIOPJ OF FIRST READING Or Flh� ORDIPJAP;CE �,�1ENDINf; CHAPTER 206 OF TNE' FRIDLEY � --------- ---- -- ----- ------ -- —__.—. CITY CODE PfRTAININ(a TO 7HE E3UIL�)]tll; CODE Af�D� Pk=R��1I1 FEI_S: � � The Fublic lJorks Cirector sta;:ed Section 20G.01 is wViac we ai°e Cryinc7 to update, i>y � _ __ _ . --- _ ___ _ ._ _ _ _ _ _ cJ CI REGULAR COUNCIL MEETIPJG OF MAY 17, 1976 PAGE 5 suggestinn that certain appendices of the Minnesota Buildincl Code and the Uniform Building Code be adopted. Upon the initial adoption of Section 206.01 they were inadvertently left out. The present building cocle indicates that in certain cases the municipalities may adopt the appendices and that we need to specifically point out the adoption of the various items. The Public Wo1°ks Director said that Section 206.011 involves the establishment of fees. On May 3rd, the administration proposed the adoption of a valuation method for building permits which was to provide a fair and equitable method for various types of construction that ��ould cover the City's cost in providinq the City services, and that by the adoption of this �-ae would be in uniforinity with the other parts of the rietropolitan area. The staff had a meetinq to determine in which areas the City was not getting enough fees to cover the services rendered, and in the area of residential areas aJe were not gettinq enough fees to cover our expenses. What we did was to revise it and that is what you see before you tonic�ht, and it incTudes a revision to the existing rate for the cubic footage for residential construction. At the present time the City of Fridley is usinn the cubic footage rate of determination for builtling permits. blith the channes the City of Fridley could feel confident the costs for the building inspections could be met. The Public Works Director coni;inued with examples of the chanqes in rates and classifications. T90TION by Councilman Starwalt to adopt the ordinance on first readina and �vaive the reading. Seconded by Coiancilwoman Kukovrski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. CONSIUFRATION OF FIRST Rf_A�1PlG OF AN ORDINANCE FOR REZChJING REQU�ST, 7_ONING ORDIPdAtJCE ---- /1MEf.Df�EIJT ZOA ,','76-01 , f3Y JONIV IiFI( UP77_OK, f-1�0'i C-1 S TO �i-1 . GEPIERP,LLY LOCFITFD I�IEST OF _--- - — -- — ----------------------- -------------- /3'Z AVE�JUE fd.E.: h10TI0(! by Counc.ilmar Starwalt to �-�aive the reading and ado�t the ordinance on first readinc�. Seconded by Councilrnan liamei°nik. U��on a voice vote, all voting aye, Ma�or Nee declared the motion carried unaniinously. CO"dSIDERATTON OF FIRST REF�DING 0, A(V ORDINANCE LICENSI"JG BINGO OPERATIOPJS: The City Attorne,y addressed the Council, the Chair°man, and members of the audience and said that the 1976 lenisla�ive session passed a state statu�C� that r�quires a mui�icipality to adopt a binqo ordinance if the mur�icipalitv is noing to permit binyo to be operat;ed or conduc�Ed within the City. The st.atute, said the City Attorncy, is fairly long and �it contains a lot of requlations and rules, and ifi the Cit,y is going to perinit the game then it must, at a minimun�, adopt all of the requiremenl:s that are in the statute. The City has the aui.hority to ��t°ohibit binc7o avitliin the municipalit,y and also has the authority to add additional regulations to those that are containec! in the statute. At the request of the f4ayor l did prepare a skeleton ordinance and a memc� that sets out �vhat I thought �vould be the quest�ons the Counc.il sFrauld �r�swer.. I would perhaps suygest that first of all the Council address itself to the question of m�hether it chooses to permit the continuinci of binao games in the City. You should note that within tf�e statute is a definition of those orqanizations that can conduct games, and I vaould be of the opinion the orc�anizations that we have in the City that have been conductinq bingo games vaould qualify. ' Some of the requirements that I recall would be that they must: have been in existence for three years; must have 30 members in the oryanization, and they n�ust be a charitable and non-profit organization, and I assume the three organizations in the City meet those requirements. ' There is also a requireinent in the statute as to what people can 4��ork the oaeies. They have to be mernbers of the orqanization or spouses of the members of the organization. Or, if they are not, it is my recollection there has to be a resolution passed by the , organization to let outsiders wark at the aame. Th� statutes sa,y Y.hat anybody v�or4:inn ' the game may not receive moi°e than �12 per session. It also qoes on to say ho�•� may � games the organization may conduct, and basically I believe that is not more than ' 104 or two a week. ' t°� e J �.1 a REGULl1R COUNCIL MEETIPJG OF MAY 17, 1976 PAGE 6 There are a number of section, that pertain to the financial records that must be kept by the organization and the various reports that must be subinitted to the municipality. In my memoi,andum T made reference to the fact that the City may charge a license fee; you will note a reference to charqes for fees, licenses and taxes. That is the only thing contained in the statute. I ain just assur.�ina the Council has the autho�°ity to charge those thinqs; altliouqPi i;here is nethinq spelled out as to the amount that can be charqed. Just to conclude my cor,��iu�nts, I fcel, if the City is qoin� to conscientiously enforce the statute, somebody on the staff would he renuired to spend a fair amount of time with these organizations to check ga�nes and recot,d� that have to be suhmitted. My other suggestion would be that if the Council dces determine it wants to start the process of adopting a licensinq ordinance for this subject, perhaps it can pass it on the f�rst readinq and bet�veen now and the next meeting you will have a chance to become more familiai° Gvith thn statute and be better able to determine if you want to have additional res�i�ictions. Mayor Nee remarketl th:t the time eleir�ent indicated �he applications must be in by J�u�e Is� uccor�iinq co ine si.ai.ui.es, and tihe �iiy i+ttorney replied �ha� as a pi°actical matter t��o thi nqs wi 11 happen. First of all, this statute Yias not been pul�lished by 61est Publishing urhich is ihe organization that sends, them out: to �tl�e atto�°neys, judnes, ancl the courts. The City Attorney said he checYed the law libra,°y and t:he coun?:y library for ihe information, but i�ie had to qo to trie legislalure to qet. !his info!°mation; that he didn't th�ink that many municipai�ities w�i11 be considerinc; it as early as Fridley is do�ing. Further, ther°e is a provision ii� ther�e that says if a C�ity oermits th�e orqanizations to conduct the �qames and has not adont�d a licersinn procedure, then i�t is assumed they have adop�ed al�l o�f the provisions oi� th� state s�tatut.e. Meyor Nee asked �if thev e l�aere ��peai ar�ces or the � urt of ��nyone concE rn ii��q this mati:er, and P.ichard D. French, Ron I�ollinqer, Pqayr�ard A. ,deiison, and Lawrence Cnrirad i°esponded. TPie Fina_nce Dii°ector said that copies of the law could be obtair�ed� at the City offices in the morning. The Cit� llt�torney said the bill has not b�-�n printed as yet. Mayor Nee asked wha�t a i-easonable fee miaht be if the City wer�t ahea�l with this n�atter. P1r, Richard F�°ench said, �rnaybe I have sane informat�io�� that �aill b� inpu�t to yuu in helping you to establish .youi° fee. � � � � lde are vei°y familiar with the s�tate s�tatute. U1e in�rt all of tl��e qualifications, and ha��e done so f�r sontc time. I don't know vihat some of i,;he other aroups do. l�Je take a very healthy percei�i:age of the qross each ycar. NJe have a commi�ssioi� of seven � �ellows to dispens� t'�e ch�r-i1_y, anci they ar�e elected at larqe by the membership of 600 r�eml;ers. P4uch oi the addiL�ional money is channeled i:hrouah our�events and pronrams. � b!e spend in the nei�thborhood of u�10,�)f)0 � ye,ar in sr�onsorin�� youth activ�ties; that basically is from bin��o. I��ouldn't v�ant it; to be said that we don't use money from this fund to improve o�+r facilities. lde do. We do spend a areat deal of �ii in charitable activities, ar�d I am sure some of the otr�er arou;�s �lo als�. We also spend a considerab1e ainount of� money in com�iunity activity throuahout tfie area. � We are also aware of th� situation that occur�~ed ir St. Paul. l-Jc feel that we run � the game and the k�ind o�i= a c�am� that should be rur� and �s�ish tnat Fverybody else would � be doi ny� the saine, l�'e t��se our o��rn peopl c, and we havr contro? of the ��ame. It i s our building, o�n, prc�Rr��m, and we r�ant to run �it. �'e have studied the s�at�.rtes and � have found no quarre1 v�ith it arl�atsoever. 4Je feel tha-t we have confornied �o what� is in the statutes for sc��eral years. The City A,ttorncy saitl that perhap, it would I;� ,vell that between no�r and i;f,e next meeting the Coun.r,il ai�d the staff net toaether and cio through this. Perhaps a summary � of vdhat the law reauirG:s a municipalit,y to de. The City Attoi°ney further stated�that i in his memorandum at le�-�st�yearly tne orqanizations miast submit to tf��e City the � reports that are enurnerated in Section 1i. The statute also requires the ornanizati�ins to keep monthly reports as to i:heir income and expenditures, and, as I suqgested in iny meinorand�m�, the C:ty miaht want copies Co send to somebody in the adruinistration. � , ' � � � � � � � 'J , ' �� i ,I - .._ _ _ _..._. ._ ' . i i� , � REGULAR COUNCIL MEETIfdG OF MAY 17, 1976 PAGE 7 i Also, whether the City will or would want to have the names of those persons from the , organizations, or other qualified persons, who work the names submitted to the Council �', ' so that the administration would kno�� who are the people that are authorized to work , at these games. This might be another area that could be relevant., Mayor Pdee inquired if there is a general consensus that we could adopt it with a zero in the licensin9 fee? The City Attorney said yes, and in the skeleton ordinance that he drew up he put in one section which indicated it would be used for additional regulations over and above �vhat the statutes require if the ma,jority of the Council feels they want to have additional renulations; that has a blank number also. The City Attorney went on to say that he imaqines that the City would further restrict the number of games that could be held below the 104 finure. He assumes fr-om the �vay the statute is written that the City would further restrict the amount of money thaC can be given out on any qame or both, and could also restrict the hours. The City Attoi°ney said that as he reads the statutes the le�islature is qiving the minimum required, but the Council has the authority to be more restrictive. In response to the Mayor's question, the City attorney said that in the case of a churcf� wii i cii on iy wanted i'� for one tii�ie i i uoss i bly c:oul d be haricll ed i n a niaiiiier simila�° to auctions where there is an annual fee. P1r. Richard French said the nroups that operate in Fridley don't present a problein to the City. They run the�nselves. The problein �•ras clearly poii�ted out in St. Paul where they rent:ed the builtling to other people and let other people run the name. He stated that he knew of one that runs seven ni�ihts a ��eek, and that is excessive. Two niqhts a week is realistic. They �.ould take in huqe surns of money on some niqhts, and inuch would be bled off by the people for non-cominunity or non-charitable purposes. Mayor Plee inquired about havinq a fii°st reading and then cleaning it up so as to oet into the correct legal position. P-10TIOfd by Councilworian Y.ukowski to waiv.. the reading and adopt the ordinance on firsi: reading. Seconded by Councilrv�an Starwali:. The Cit,y Attorney said that if th� Council intended to act oi� the s�'c�rd readinn that the Council �aill have to give some dir•ect�ions if it v:ants sor.�e additional chan�es oi° some additions to be made. hlaycr Nee re�l�ied t:hat there �^rill he soeie discussion of this matter next �9onday night, which is i�ot a regu1ar counci7 mceting night, but all are welcoirie to attF:r�d, mainly with r�eference to the licensiny fiees. Mr. Richard Fi•ench said that tfiey operate two ninhts a week; th:�t it is a lot of �ti�ork, and it takes quite a larqe numbc�r of people to run the session if it is to he run properly; that $12 a session makes it a bit of a problem to c�et help. Mr. Richard French said that when you have 6�0 n:emhers and EiOQ wives and this is � constantly changing, it may nresent some problems for you. Fle further stated that in a crrour� of the size that he represents thei°e is a turnover of' people alrnost on a constant basis. Ne and his ornanization ��aould like to see it held strictly to the meinbers oi° their spouses. PJo outsidei°s. - ' ' ' ' ' The City Attorney said there is a provision in the statute that would permit people other than members and their wives, but this might be one area where the Council could be more restrictive. Upon a voice vote, all votinq aye, f1ayor Nee declared the motion carried unaniinously. CONSIDLRATION OF APPROVFIL OF FINAL PLAT SUQDIVISION P.S. ;'E7G_!13, LEIGfi TERRACE, BY - -- - -------- - ----- — - -- — -- -- - - LEIGH INVFST�1�NTS, INC. , G[P1�R,ALLY LOCAT�D l�!ESl SIDE OF INTEk�FCTION OF OSL'(1R�JE RbAD ----- --- ------------ ------- ---- -- --- AND [AST RIVEft ROAU: The Public l�lorks Director said this is the final plat, and we had a public hearing on it on P1ay 1�. This is 9enerally located on the ��est side of the intersection of Osborne Road and fast River Road, and it consists of 11 loi:s. It should be noted that if the plat is adopted or° apprnved there a�°e thr�e lots north of Osborne that do not meet i:he requirement of 9,000 square feet. The Planninq Comntission recommended approval with the i?iinimum ninnber of square feet on i:he three lots based on the fact that the St. Paul 4later Llorks owns the property north of these lots and the area will remain open space and it will be usable by the pronert,y owners. The St. Paul Water Works is the fee owner of the propei�t.y, and it is in no wa,y included in the pro�osal. It was only considered due to the fact that it will remain essentially o�en space and REGULAR COUNCIL MEETING OF MAY 17, 1976 �� • PAGE 8 to the passers-by it will look like park property. Tfie hasic nlat was �vorked out with the developer and the County and the City in renard to the proposed improvement of Osborne Road and East River Road. The developer has provided the necessary riqht-of-way and one of the stipulations is there should be a ten-foot s�idewalk easement alonc� East River Road. P4r. Doyle is here. Councilman Fitzpatrick asked if the administration had any ot;her reconnnendations or stipulations to inake concernin� the plat. The Public l-lorks Director said no. The Public tdorks Director said that he understands that another stipulation is that the developer proceed with attaching by covenant the possibility of use of the St. Paul Water Department property to the developer's property. The City Attonney replied that he thouqht that that could i�ot be done. At the best they would have a written understanding with the St. Paul l�!3ter Wor-ks that they could use the property, but that permission could b� terminated vai��never the St. Paul LJater Works wanted to terminate it. As a practical matter, the City Flttorney saici, the sit�aatior� has been there for 100 years, and that he ima9ines that the Council could use that as a reason foi° granting a variance a;ith the undei°standinq and that if ��.�hoever �;ould own the lands wanted to maintain the area for open space that St. Paul would not terminate the arrangement ,., 1�.;, ,,,��t �9rir v2r•y u��usual ��Guld hdp��ii. � P1r. Doyle sa�id that his plan was to put in a ternpora��y, graveled street until the street improvements could be vdorked out by the City. /1s far as he is concerned, he can see no reason why the traffir cannot c1e back and exit on Taln�adue or 75th Way. To begin with,�the Cit�� Adm�inisl:rat.ion i> aoina to need some time to fit it in with the stute aid requireinents. If they can gei it done this y�ar, fine. � The Public Works Direct:oi� said they ar� ��aorkinc� on that. Tn the petit�icn there is a statement, that he wants the roadway improved ard the assessn;ent: placed a�ainst the 11 lots. A publ�ic hear,ing would no�t be required. ��1r. Doy.le asked that the name Osborne Road be chanqed to Osborne blay. MOTION by Councilman �itzpati�ir_k to a�prove final plat subdivis�ion P.S, 1E76-�03, and grunt the necessary variances with the follow�in� stinulations: � l. �A ten-foot sidevaalk easem�nt �lonq East River Road. 2. That: the new property owners be noi;ifir�d that ttie ex�i�t of Osborne Way onto East River P.oad evoulci be barricadetl until the coi7�piction of the irnprovement of the intersection after �vhic:h improvement Osborne D1ay vaould connect onto East River Road. 3. The developer pursue the possibility of undergroui�d utilities. Seconded by Councilmari Hamernik. Upon a voice vote, all �iotina aye, P1ayor fVe� declared the motion cai°ried unanimou_lv. RECEIVIPlG THE P1TNUTES Of� THE PLII�JP!IPJ, COf1"1ISIUP! P9EETI�7G OF P1AY 5, 1976: CON�IDEftATIOPJ Of APPFALS C0�1"1ISS70N P1TPlUTFS Of= APP.IL 27, 1976: � A. C. P1i�TTJON, 6270 R1V1F4J TERRF�fE: The Public l�lorks Lirector stated that this is a reqtae>t for a sideyard variance from ten feet to six feet, and the mattcr is before the Council as a result of a non- unanimous vote of the L�oard of Appeals. The petition��r states that because of an error in lot width it has necessitai.ed this request for the variance. P�r. �latts�n is present. h1r. Mati.son explained the diificulties in ��lacin� his house �nd qarage on tfie lot. Primarily ii sten�mE:d from the lot beinq almost four fect less in width than he �vas led to believe at the time he I�ought it. P10TION by Co�m cilman Fitzpatrick to concur with the reco;nmentlation of the 8oard of App�a�ls to approve the varianc.e. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declai°ed the motion c:ar�ricd unaniinously. � � � I ' REGt1LAR COUNCIL A1FETIP�G OF MAY 17, 1976 FRIDLEY UFbJ, 1040 OSQORN[ ROAD: PAGE 9 The Public Works Director said this was a request for a variance or reduction in the distance from a public right-of-way to a sign from ten feet to seven feet. A new sidewalk is proposed for the structure and there would be approximately two feet between the sidewalk and the existinn siqn or seven feet from the right-of-way to that sign. The si�n is basically a brick structure in the shape of a V to indicate VFW post, and it would have a flaq pole similar to the one at the City Hall. MOTION by Councilman Hamernik to grant the variance. Seconded by Councilman Stai�valt. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. ROBERT DEGARDNEP, 7_OA #,76-02 _ 6431 TH,65, R-3A TO CR-l: The Public Works Director said that the Planning Commission did recommend denial ' based on the fact the surroimdinq area is residential and that some objections have been noted by propertv ovmers. The City Attorney said that a public hearinq could be held. P1r. DeGardner said that he would like a public hearing on the proposal. He said the grounds on which the Planning Commission rejected the proposal 4vere , something that he didn't aryree with, and he would like to shoH� the Mayor and the Council the building he has in mind for the area, and try to show that maybe this area is not residential. Mr. DeGardner continued by sayin� that he talked to the oroperty owners to the ' north, and that the houses on the east side of 65 are residential. The people on the corner of Mississippi and Central Avenue have been apnroached many times for rezoninq their property and they were always opoosed to it. The one immediately to the nortli is in favor of the proposal, which is to put a professional building ' in. The area is zoned multiple dwelling now, and in his estimation it is a down-grading of the zoning. � � r -P�OTION by Councilman Starwalt to set a public hearing in this matter on June 14, 197E. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P4ayor flee declared the motion carried unanimously. HEATHER HILLS 3R0 ADDI7ION; P.S. #E76-0�4, MIKE 0'BAPJPJON: MOTIOtd by Councilman Star��ialt to set up a public hearing for June 14, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanin�ously. ECEIVIflG P1INUTES OF THE POLICE CIVIL SERVICE COP""1ISSION MEETING OF P1AY 4, 1976: P10TIOP� by Councilwoman Kukowski to receive the minutes. Seconded by Councilman Fitzpatrick. llpon a voice vote, all voting aye, f1ayor Nee declared the motion carried unanimously. RESOLUTION N0. �4-197E O�DERING 1f�1PROVE�1EfdT, APPROVAL OF PLANS APJD ADUERTISIP;G FOR BIDS: STREET I(''PRbUEF1E";T PROJECT ST 1976-10 SEIILCOATIPIG : , The Public l��orks Direc*or stated this is a maintenance pronram to keep the streets in an improved condition and to prevent excessi��e repair. The �•�ork can be done in a couple of days, and it sets up in a week to ten days, and to date there have not been complaints. I '. I i � CI � , , MOTIO�J by Councilman Fitzoatrick to adopt Resolution No. 4n-1975. Secorded by Councilv,oman Kukowski. Upon a voice vote, all �ro tinn aye, Mayor Nee declared the motion carried unaniinously. RESOLUTIOfJ N0. 45-1976 AUTHORI?IPI� AND DIRECTIPIG THF SPLITTINC OF SPECIAL ASSESS4�1ENT5 ON LOTS 6- 9, aLOCY. 2, OMAIJAY ADDITIOt�: MOTION by Councilwoman Kukowski to adopt Pesolution flo. 45-1976. Seconded by Councilman Starwalt. Upon a voice vote, all vetina a,ye, fiayor fJee declared the motion carried unanimously. � �,. ' ' REGULAR COUNCIL MEETING OF P1AY 17, 1976 CONSIDERATION OF SELLING LOTS 10 AND 11, E3LOCK 6, OAK rROVE ADDITIOPJ: PAGE 10 P4r. Brunsell, the Finance Director, said that the City did se11 part of that property previously, but the City still owns lots 10 and 11. The two lots a�ould make a very nic� building site. The Public Works Director said that these three lots ��aere a waterway at one time. They were filled in, and there �;as a feeling that lots 12 and 13, r�ow built upon, were perhaps filled in higher thar� th�y should be. ihe lot on �1cKinley in the last wet year encountered a water piro blem. The Public 4Jorks Director said that all alon� the whole east line of Lot 10 throunh basically haif of Lot i2 there was a swale. Ther�e is a swaie to the east on the short side of Lot 8 of Clark's Addition ard it nroceeds southerly alon� the east side of Lot 8 to tie into the existinn storm sewer. He statetl that he had been in contact 4vith the person hav�ng the �-.�ater nrob]em, but there is no nrobiem. He has not seen evidence of a wet basement and we have the facilities tc take away the water. 4!e have yet to see the ditch filled. The Public Works Director stated that he feels the drainaqe problem is solved, but he will contact the person and have a talk with him. The City Manager said that if the maximum price as obtained bv the bidding process is not enouqh, then the price can be rejected. f40TI0fd by Councilman Star�>>ait to consider the lots as sui°nlus and sell thein b,y a sealed bid �rocess. Seconded b,y Councilwoman Y,ukewski. Upon a voice vote, all votinq aye, P-4ayor f�'ee dec�ared the �notion carried unanimoiislt�. CONSIDERATION OF ESTIMATES: MOTION by Cour.cilman Fitzpatrick to pay the estii7ate for Flpril, 1976 for Prosecutor Carl Neti!quist in the a��ount of �1,205.00 and for 1�irgil Flerrick, Ci±v Attorney in the amount of $1,551.13 as submitted. Seconded b�� ouncilt:omar. Kukos•rski. Upon a voice vote, all , votinn aye, T?ayor "!eA �!�c�ared the motion carried unanir�ously. CLAIMS: P10T?ON by Councilwoman Kuk.o�vski to nay the clai�iis P1o. 14709 - 1�916. Seconded by Councilman Starwalt. Upon a voice vote, all votinn aye, Ma,yor Plee declared the e?otion carried unanimously. LICEPdSES: , P10TIOid b,y Councilman Starvaalt to �rant the re�uest of the Fridlev Firefinht�rs' Association for a temporary licer,se to sell 3.2 beer and to ��aive the fee. Seconded by Councilwomar Kuko��rski. Upon a voice vote, all votin^ aye, �?ayor �lee declared the motion carried unanimously. � MOTION by Councilman Star<<ralt to anprove the licenses as submitted and as on file in the office of the City Clerk. Seconded b�� Council�•,oman I:ukovaski. Ll�on a voice vot��, al7 voting aye, Mayor 1Jee declared the motion carried unanimous7y. APPOINTMENT: CITY Ef1PL0YEE: P10TION by Councilwoman Kul:o��!ski to concur with the annointment. Seconded by Councilman Hamernik. Upon a voice vote, all vot.in� ape, "1avor Mee declar�ed tne inotion carried unanir,�ously. NAME Elaine J. Tibbetts 13550 Cedar Drive N.W. Cedar, PQinnesota 55011 POSTTION Clerk Tvn9st City �iananement Del?artment (Grade 5) EFFECTIVE SALARY DATE REPLACES $595 �1ay 10, Neler� Fanin r.er 197F•, "?Onth CORRESPOP�DFNCE: CA¢LE TELEVISION COMP�ISSION: CA�LE SEPIINAR: MOTION �by Counci)man Fitzpatrick that the City i�nder4��rite the cost of haviny a comr�ittee � member attend the seminar at Atlanta, Georyia on June 3rd and 4th, Seconded by Council��oman Yukowski. Upon a voice vot�, Councilinan Starwali: an:l Councili�.�,7 Hamernik voting nay, 'iayor ' Nee asked the City Attorney to check whether a 3 to 2 vote is sufficient to ado�t the moi.ion. MOTIQN by Councilm�n HamerniE: to ap�rove �1�yor,��lee attendin� the Cona�°essional Sub-Com«ittee ; Meeting on Cable TV in Washinyton, D.�. Secondee by Cou,iciliian Fitzpa�rick. Upon a voice ' vote, all voting aye, Playor PJee declared the motion carric�tl ui��animously. I I � ' , �----- - - -- f _ .. __. __ . -- - - ._ _.____. _ ._ _ _ _ .__._. _ __ _.. -- --_ ____ _ _ � Y �� REGULAR COU�ICIL f1EETItJG OF f1AY 17, 1976 PAGE 11 DISCUSSION RFGARDING f1TC TRAP�SIT SHELTERS: P1ayor i�ee said that the staff did a fine ,job in securinn the cooperation of the Ptetropolitan Transit Commission and in nettin� us the nw?�ber of shelters initially renuested. He asked that a 1 etter of thanl:s 6e ivri tten to !layoi° �lat�n°ocki . h10TI0N by Counciln;an Star�valt that staif prepare a letter of thanks to P1ayor Nat-arocki for f1ayor Nee's sianat�me. Seconded by Councilman Ha�ner�nik. Uoon a voice vote, all votin� aye, "9ayor P1ee declared the motion cari°ied unaniinously. DISCUSSION RE(;ARDL^JG PFlRK PROPERTY /1T I?1PlSf>RUCK PlORTFI PARK: The Council instructed the staff not to sell the tax forfeit property abutting Gardena Avenue this year. They are to review for �a)e sometime in the fut�n°e. FDJOURr�J4'i�P�1T : MOTION by Council�voman Kuko��ski the meetinq be adjourned. Seconded by Councilman Fitznatrick. U�on a voice vete, all ��n+;;;,�, ,y.�, r^ ,�,�� p;�o ao:-1�r��+ the r.�c*ion earr;ed . , _ _.. C_, .. unanirnously and the Regular �1eetinn of the Fridle,y City Council of ^1ay 17, 1976 adjourned at 11:1? P.P1. Respectf��lly subr�itted, John Ch��;vyn 4��i 11 i am J. �l�e Council Secretary �layoi� � Approv�d: i • i � . . ,. ' . ___ . ... _ _ . . _....._.. .._._ _... . _ .._-- -____ _ . ...__..._. . . . .. ..._ __ _ _.__._.. � � �- r�� , � � � � � � � � � . � .. � . . . . . ' . .. . . . � �. � � 1 . � . . � . � . . . . . . �i � . .. . . � . . . . � � . . �I _� . . . . . . ' . . . , . . . . . . . - . . . � � � �. . � � � .. � � � . � . . . . . . . �� . . . � i � X i. � . . � . . . . ' . . : . � � . � - . < ' .. I,... � � � � � � � � � � . . � � . � . . � � - � . . . 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I „ �y ,�.� ��.. k I ` i � ; � � � �r � i �i _._ __._. _., ___ , .__.�__ _ ----- . 26 , THE•MINU7E5 OF THE REGULAR 41EETIP�G. OF THE FRIDLEY CITY COU�JCIL OF APRIL 19, 1975 The Reqular Meeting of the Fridley City Council was called to order on April 19, 197F, at 7:35 P.M. PLEDGE OF ALLEGIANCE: Playor Nee welcomed those present and invited them to join the Council in the pled�e of allegiance to the flag. ROLL CALL: P1EMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernik, and Councilman Fitzoatrick. MEP16ERS ABSENT: P�one. .4PPROVAL OF MIP�UTES: RFGUL.AR MEETING, APRIL 5, 1976: Councilman Hamernik said he had comments in four areas where his name and that of Councilman Fitzpatrick have been interchanned. Specifically, on Pane ?. of the minutes, the first sentence should state, Councilman Fitz�atrick stated that action has been under way by the City"; in the seventh para�raph on thai same pane it should read, "Councilman Fitzpatrick queried if the matter might be investi�ated on the ......"; on Page 3, sixth paraqraph under item reqardin� SSR�S41�!119, it should state "Councilman Fitzpatrick said that we have been throu�h ....."; and at the top of Pane 4, first sentence, it should read -- �10TIOPJ by Councilman Fitzpatrick. P10TIOfd by Councilman Stara�alt to accept the minutes as corrected by Councilman . Hamernik. Seconded by Courcilwoman Kukowski. Upon a voice vote, all votin� aye, 4layor �Jee declared the motion passed unanimously. ADOPTION OF AGENDA: ��ayor Plee said there was one additional item to add to the agenda and that �•ras consideration of a Resolution approvinh and authorizin� si�nin� the Anreenent estab- lishing �•�orking conditions, N�ages and hours of employees of the City of Fridley P1unicipal Linuor Stores for the year. t10TI0fd by Councilman Hamernik to adopt the acienda as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all votiny aye, P1ayor Pdee declared the motion carried unanimously. OPEP! FORUP1, VISITORS: P1ayor C�ee asked if there vias anyone who had some comments for the Council on items not on the aaenda. There was no resoonse. PUBLIC hiEARINGS: GONTINUED PUBLIG h1EFlRING ON FINAL PLAT SUBDIVISIO�d P.S. �76-02, I�RJSBRUCY. VILLA�E, BY � 1 A��D _ � COP�SIDERATIOf! OF T04JNHOUSE QEVELOPt1EtJT OF 100 UNITS, T�`76-02, BY DARREL A. FA!2R { DEVELOP�1EPIT C RPORAT ON, F INP�SBRUCK VILLAGE Y�s AND RECEIVING PETITIOP! �?-1976: RESIDEr�T'S FIRST CHOICE -- APARTPIEPIT BUILDIPJr AND SECOF{0 CHOICE -- T04tP1H0USES: �4ayor P�ee stated that the Council last week continued the hearin� on one of the Innsbruck plats, the one just West of the B1ack Forest Aoartments; and that one will be re-opened at this point. The �layor said there were several thin�s he wanted in the record; The firs� thin9 would be the petition that was circulated at the meetinn of last week in which the petitioners expressed a preference for apartments in that area instead of townhouses. ;� � � � � �r� � �, �. ! � - _-__._ . _---__..___-----�, � , �� . REGULAR COUNCIL MEETIfJG OF APRIL 19, ]976 p�1r,E ?. MOTION by Counc�ilman Starwalt ta receive Petition #7-1976. Seconded by CounciTwoman Kukowski. Upon a voice vote, all votinn aye, Playor Nee declared the motion carrie� unanimously. Mayor Nee said that the other item -- a]though it comes ]ater in the aqenda -- should be put in at th�s point, and that being the Planninn Commission Plinutes of April 'lth with reference to this item in the agenda. The Plannina Commission r•ecommended approval of the plat. . MOTIOPJ bv Councilman Hamernik the Council receive the recemmendations of the P.lannina �ommission that were acted on in the April 7th meetina. Seconded by Councilwoman � Kukowski. Upon a voice vote, al1 voting aye, Dlayor Nee declared the motion carried unanimoasly. MOTION by Courcilman Starwalt to re�ceive the minutes of the Human Resources Commission of March llth where they speak of the foreqoing matter. Seconded by Councilv�oman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the r�otion carried uranimousiy. Mayor Nee called atteniion to the faci ihat the subject land is zoned R-3 and is not � a plannec! unii develupment as suci�; and it may havE sonr: buaniny on the Cit,y's oroaress; although the City does have a contract with the developer which saells out some areas of agreement and control by the City, and the Playor asked P1r. Herricl: to comment on the situation. htr. Herrick replied that the City did enter into a contract or agreement with the deve�oper and the former o�ners of the property on the first day of February, 1971, and in conjunction with a request on the behalf of the developer and the former oamers to rezorie a portion of what has been referred to as Innsbruck North to R-3 cr multiple development praperty; that the area now referred to as Inrsbruck hdorth was R-1, and a proposal was made that a portion �f it be r•ezoned to R-3, The Council, at that time, agreed with the request subject to certain conditions that are contained in the anreP- ment of February l, 197]; so the fir�st point is that the property is zoned R-3. � Mr. Herrick said that some time ago the Council in adopting the zonin� ordinances � adopted an ordinance that pertains to R-3 development in that R-3 can be used for multiple dwellings which are commonly referred to as apartments, or that it cou1d be used for duplexes or townhouses; that any of these are permitted uses accordinn to the terms of the zoninn ordinance, and if you have specific Guestions about townhouses, � to direct your inquiries to hin�. P4r. Herrick stated that the anreement with the present nroperty owners recites that the consideration for this aqreement shall be the rezonin� of the nro�erty described above from R-1 ta R-3 zoning classification toaether with authorization to build a complex of 850 multiple units on the property zoned R-3. The developer of the property is now requestinn that a portion of the m°onerty be used for developing four-plexes, and P1r. Herrick said he was assumina that the question before the Courcii is, first of all, whether the nlan should be anoroved; and secondlv, whether the Council has the authority to reject the request. Mr. Herrick stated that he is of the opinion that this is a nermitted use and that the Council does not have the authority to reject the request. The Cour,ci] does have the authority to determine certain items as far as development, and one of them would be the set-back. Mr. Herrick said that another one, in his oninion, a�ould be where the entrances and the Qxits ar�e to be located, and ihat he tiad checi:ed witn the staf` as to the number of units permitted; and he was informed the number that has been requested is substantially less than the maximum permitted b,y the zonina ordinance. Mr. Herrick said, in essence, that is hzs oainion. The Pub7ic 4Jorks Director said the set-back requirements ar•e not spelled �ut ir the townhouse ordinances. Tt alTows flexibility to plan and develop the struetures on certain parcels af property keeping in mind the existinn tapa�ra�hy and other environ- menta] concerns. Mayor Nee asked Mr, l�err�ck if the City has to acce�t the townhouse pronusa7 v�ithin certain guidelines. Mr. Nerrick rep]ied yes, that is what he said. Mayor Flee asked if thQre was an exhibit attached Y.o the contract, and Mr. Herrick said no, and r.hat he had checked with the staff on t.he matier.. The City Manager said•when it was c�nsidered for rezoninn they init.iaiiy had a nlan ta �'� develop several i2-unit anartment b:ai7dinns, and the only thin� the Council considered was the totai rumber of units that would be allowed;an�, the finure was nut into the agreement. . i � 11 �� \ + i `, 2$ '� REGULAR COUNCIL MEETINC OF APRIL 19, 1976 PAGE 3 The other item in the a�reement was the access to Silver Lake Road and that is also a part of the agreement the City had with'the dev�loper; because, the City was concerned 4�ith the additional traffic coming in to the residential area. Mr. Herrick said there are other items in the anreement; a deed for the parks, and an agreement the developer will contribute a certain amount of money, or a percenta�e of a sum of money, for the development of sanitary sewers, and some others that related to roads, road maintenance, and the transfer of an easement from the then property owners to the City of fridley. � ' f9ayor Nee inquired if it is correct that the plan as drawn today does not meet the reouirement of an adequate set-back; and, Mr. Herrick said yes. The City Manac�er said the sanitary sewer con�litTOn has been r�et; and, the develo�er has been assessed additional moni.es for the sanitary sewer system. Also that ' basically all the conditions as we understand them have been met by the develoner, and on the question of maintenance of the facility, there is additional documentation that takes that into consideration. ' i � , LJ In response to Mayor Nee's request, a large number of the audience sirynaled their desire to be heard on the matter. Mayor Nee then said the meeting would be open for comments from the audience. Councilman Starwalt said he met and talked with various persons on this situation, and the people felt there have been changes which are detrimental to them. �4ayor Nee asked P�lr� Farr if within the last Nteek F1r. Farr had modified his position as far as the density or the set-back is concerned, and P1r. Farr said no. P1r. Farr said they had researched some of the problems raised at the last meeting, particularly as to the school system; but as far as the density, he believed that it is low. One af the serious problems was traffic. P1r. Farr recited the density oatterns in various schools. Mayor Nee inquired if the proposal for this association for this development would be a separate association; and, Mr. Farr said yes. Further, that the land on the South side of North Insbruck, including the First, Second, and Third Additions, and the proposed Fourth and Fifth were incorporated into one Home Owners' Association in 1A71 with all of the prescriptive covenants and by-laws and the rest of the things that make up a home owners' association. Discussion ensued on the size and difficulties of home owners' association, and other ramifications of them in relation to townhouses. The Public Works Director then showed a slide projection of the area and commented upon the private roads, and the public raads in the area. The set-back requirements came into the discussion; and the Public Works Director said that althouqh they are not spelled out in the Ordinance, we are trying to insure that we follow the P,-1 set=back requirements, and this was indicated to the developer, the 35 foot set-back. Some discussion centered on the line of sight which would be involved with a road and having it zoned for 30 miles per hour. ' Mayor Nee said that h? would like to have the comments that he picked up in the nei�h- borhood in the record. Several people, he said, relied on the plan that vras on file � with the City in consider:ng ��ahether to invest in the neighborhood, and that is material to this deliberation; and if anyone did rely on it in makino their investment, would ' they like to put their comments on the record? ' �� Surt Johnson, 1482 North Innsbruck Drive, said he moved out from Plaryland and invested in a home here and there was a large green area and a private road, and that was what prompted him to buy. If there was one thing he had learned in buildinn five homes, it is that the zoning inteqrity is vital to maintaininn the value of the oroperty; and if the plat as he originally viewed it was to be different, as now, he would not have invested here. : Clyde Benner, 5430 Matterhorn Drive, stated when he was shown and nurchased•his home he was shown the plat and was told that this is the way it would be; and if he had known it was going to turn out as it had today, he a�ould not have invested. Mr. Herrick inquired as to where the per�on had seen the plan far the site, and the response came that it was at the sales office. Several other property owners said that they had seen the plat in the sales office, some at Robert Lau�en's Nomes, and � others at the Farr Development Office. Several others voiced their opinion that they � �\ 0 !'``�",_. , --- - -...__ _,. � - , i i � REGULAR COUNCIL MEETING OF APRIL 19, 1976 �g ; ,� PAGE 4 would not have bought if they knew their investment would turn out as it had. Mr. Farr also engaged in the discussion. In response to a question concerning the loss of trees if a presently proposed area development takes place, P�r. �arr replied that with the proposed pian they would be able to save 50 per cent,of the trees in that area, qive or take ten per cent. Gary Samuel, 1479 North Danube Road, said that in the pet�tion that the Council accepted from the last Council meeting, at least in my opinion, we were askinq for the apartment buildina as such. We were saying that we felt the buffer zone provided by the apartment was more acceptable than the present line and we would like to see a lo��er d�nsity and a better quality ot townhomes. He said he agreed with h1r. Farr's comrnents on the schools. On the matter of streets, that has been hashed out many, many times concerning Innsbruck North and the Silver Lake Road, and the residents are of the opinion that an additional 200�units cannot be handled on this particular road. If the plan is approved, we recomm�nd an escrow of a minimum of $10,000 to maintain the road and be billed at City expense so that the road will be maintained and plowed for the residents of the area. Gary Samuet contin+aed his remarks tha± �omeone ha�; ment�oned th2 crime ra�e and the police calls relati•re to apartment owners versus the townhouse owners , in that the Police Department would rather have the quad units than the apartment buildings. John Lindstrom, 5551 ldaldeck Crossina, said, "I have looked at this nronosed plat myself. I feel, �hilosophically, it is a �ood n1an. I feel there is roor� in the Innsbruck North area for more than one ontion or iife style." � R. G. Rumpsa, 1481 Pdorth Innsbruck Drive, said he aqreed with.�tr. Samuel's statement; and, most of us really share that opinion. I am speakinn for myself. We want private homes as compared to apartm2nts in there. We tru7y do. I ;, think the bic thinq is that a number of people have the feeiing that we have been sort of tricked irto somethin�, or not aiven the whole deck of cards to ! 'play the game with properly rthen we bounht. I would like to underiine the fact that as a resident I would like to have the opportunity to discuss this matter with the City Plannin�.Commission and also extend the offer�to do likewise to : P1r. Farr. In response to the question; "Is it your feelinn that you atould prefer townhouses to apartments?" by P1ayor Nee, the answer was "very definitely". In response to the question of whather ther�e are any recreational areas in the plat, the Public Works Director stated there are none specifically in the area; but in the agreement,it has been proposed the develoner nrovide two tennis courts in 1;he public park in the area. lde have nublic �ark land to the Plorth and public park land to the South plus the Trail System. There was further discussior on the number of school anP chil�iren there wauld be per unit, the number of bedrooms per unit, cost of the various units, etc. The question of set-backs came up for discussion, and it o-i�s stated that the backyard areas in relation to set-backs are beina violated; that the set-baci; requirements should be more in line with the sin�le family home. f1r, Farr stated it is his ooi��ion the project h�s had a nublic hearinn five times, and he doesn't know that a qreat deal more can be added or acco;nplished ? by any further hearin�s. He stateG he has met with the Numan Resources Commission, the Ervironmental Co;^mission, and the City of Fridle,y has revie��ed r the plat; that it has been up to the Planninq Commission three times; the Council, two times. The economics of the area won`t qerr�it an_y more exnensive units. Mr. Farr stated that.the plan has merit from any planner's standnoint. A resident stated that he �onsiders the olan not unreasonable, and the debate has been quite lengthy. Ne a�rees with t1r. Farr that this has c�one on 1on� enough; and it should not be referred aqain to the Committee, and he thinks the buildEr should be allowed to build �or the market that he cheoses. CoUnCi2man Starwalt said he has some reluctance to refer the matter to the Planning Commission; and unless somethinn can come from th�s meetinn, he is not convinced that it should be done. Councilman Stararalt said he H�ondered what are the �changes that could take place between now �nd the next meetin� at which time the Council could either vote the nlan un or down or take o*her action. , � � � i � , p � 0 � • �,�. m �:, . .. � , ��' �: � i �' � � � __ .._... .._ _.... _ _ ._.......�... �. . .. _.� ._. .. . - . _ . . _ .._� .� . ._. .. "_' "'_.... . . \ Vo � . � . .. _ ___ _�.- �.... . _ .. ... . . �- :� . REGULAR COUNCiI MEETING OF APRIL 19, 1976 pqrE 5 � � - 7he Public Works Director stated that the first thinn that nrobably would be necessary would be a wiilingness orr the part of the developer to meet with the sinoTe family area representatives, and the next Council meetinn is P1ay 3rd. ttr. Farr stated that in the past he has exnlained the economics of densitv, of esthetics, and the environmental considerations, and to modify the �ian by a reduction in density or by increasin� the set-back in PJorth Innsbruck Drive to the detriment of the 9reen area within the site is a mistake. For some reason people are viewing this as some kind of a low income housinn which it is not by any stretch of the imagination; and,he also feeis that the residents have failed to visualize i the impace of a 251 unit apartment site. �} Councilman Starwalt asked P1r. Farr if he would meet with the citizens that are concerned in this matter, and discussion ensued on this r�atter. The City ttanaaer ' suggested that a meetinn co�ld be held toniqht, and the matter tabled by the Council, until a decision was reached by those at the meetinn and then reported back to � the Council. If a decision was not reached this eveninn, the Council v�iould have , to make the decision. F1r. Farr said ths meeting arrangements vrere fine as far as he was concerned. I'he Public Hearing was tabled until Tater in the CounciT P1eeting and the interested partied left the Council Meeting to meet and try to reach a decision. CONTINU�D PUBLIC HEARIP�G ON ST. 1975-1 AND ST. 1975-2 STREET I�IPROVE�tENT PRO.IECTS DONNAY'S ADDITIOf1 : The Finance Director stated that the assessment roll had been reworked, and has been prepared on the same basis as the assessment rolls were prepared for the street work done in the Noriherly portion of the Donnay's Addition. The last ' street improvement in this area was a deviation from the normal assessin� policy, and only the lots that have the improvement abuttinn their �ronerty on the front' or the side would be assessed under this formula. The assess7ient roll quts all of the costs on a front foot basis, and the corner �avs this rate for one-third of their side footaqe. 7he assessment rate is $16.58 per front fcot, which ren��eseni;s a deviation from " the standard �olicy, and it has the effect of nuttinn these people on the same basis as the other people in the Addition. The problem arose because in the nast the side.street assessments were not spread do4m the block. 7here were several inquiries from mem6ers of the audience as to sor.�e differences � in their assessments, and the matters were discussed at lenath. Sor�e of the citizen's remarks were directed to the quality of the street maintenance a�hich they felt uias very inadequate. MOTION by Councilman Starwalt the public hearinn be closed. Seconded by Councilwoman ' Kuko�vski. Upon a voice vote, all votin� aye, P•tayor Plee declared the motion carried unanimously. INFORP�IAL PUBLIC HEARIt�G TO COPJSIDER PRELIMINF,PY PLAPJS FOR COfdSTRUCTION OF fJO � r�.._.,_ ,._�..__. --- - - — - - 7he Public Works Director explained that the Minnesota Hinhk�ay De�artment was , considereina the construction of noise abatement structures and landscapina on T-694 from Piain to University Avenue and from 7ih Street back to University. What � has happened, he said, is that due to th� nature of the construction qoina to take � place this summer the few additional feet in this matter should be added to the --� I� contract so that the Highway Department would not have to come back at a future �� date. It is the intent of this hearin� to �et the inout of citizens on this matter, and we have two representatives here from the Hinhway Dept., Mr. Borson, I and P1r. Robinson. � � I� � � � t1r. Borson said what the Hinha�ay Department is tryina to do is io net the prelimtnarv work done on those two senments added to a job in �:ew Brinhton and also aet ready for 1977 construction. � We were fiere last September on the other portion, and we received the approval of your COuncil on the preliminary plans, and we will use the same type of construction on this. There wi11 be no assessment for the barriers. The cost r�ili be naid for out of the gas tax revenues. The barriers will proiect the first two rows of homes, the third row minht get some, and the plan is to cut the noise in half. The .� u r � i t �� . `. _ _ - -- __ _ _ �. _ _ _ t ^ __ __ 4 REGULAR COUNCIL MEETING OF APRIL 19, 1976 t I `�`�..--� 31 � .� PAt;E 6 i roriqinal noise level was around 70 or 75 decibels. We are now in t.he middle sixties, and last September some of those areas were as hinh as 83 decibels in some spots. We will not be purchasing any right-of-way. All of this is in the Hinhway rinht-Of-way: As to the maintenance, there are maintenance peopie who will be doinq a very, very minimal maintenance on one side; and the peoole, we hape, wi11'take care of the other side. Mr. Borson called upon the Highway Architect to explain some of the plantin� of bushes and trees, some of it on the freeway side and some on the resident's side of the wall; and he illustrated his remarks with the aid of a slide projection. RECESS: Mayor Nee called a recess at 9:52 P.M. RECOfdVENED : Mayor Nee reconvened the meetinct at 10:07 P.M. Mr. Robinson, the Nighway Architect, resumed his talk. The Pubiic Works Direc.tor said that it is anticipated that the matter will be brouaht back on P1ay 3 for a resolution that will nive preliminary approval to the Hi�hwa,y Department. Mayor Nee asked if there was anyone opposed to it. There was no resnonse. Gladys Leitner, 671 Cherry Lane Plortheast, inquired about deletina a part of the barrier in her area. The Public tJorks Director said that he would talk to the parties concerned and let the Highway Department know the results. MOTION by Co�ncilwoman Kukowski the public hearinn be closed. Second bv Councilman Starwalt. Upon a voice vote,. all votinn aye, �1ayor ^!ee declared the motion carr�ied unanimously. OLD BUSINESS: RESOLUTION PJO. 37-1976 COfdFIRP9ING ASSESSPIENT FOR ST. 1975-1 APJD ST. 1975-?. STREET IMPROVEMEPlT PROJECTS TABLED �t/12J76 : Mr. Farr accepted the Resolution with the changes that have been proposed by the Finance Director. ?10TION by Councilwoman Kukowski to waive the readin� and adopt Resolution No. 37-1976. Seconded by Councilman Starwalt. Upon a voice vote, all votina aye, P1ayor Nee declared the motion carried unanimously. ORDINANCE No. 610 ESTABLISHIPIG A NEW CHAPTER 115 OF THE FRIDLEY CITY COQE ENTITLED SWIP1MIhlG POOLS AfJD REPEALING PRIOR CNAPTER 115: MOTION by Hamernik to waive the reading and adoot Ordinance No. 610 and publish. Seconded by Councilwoman Kukolvski. Upon a voice vote, al1 votinn a,ye, �1ayor Plee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF fIRST READING OF AN ORDIPlANCE TO Fl"1EP1D CHAPTER 11 OF THE GITY CODE OF 7HE CITY OF FRIDLEY, AC�OKA COUNTY, MIPJNESOTl1 BY CHAf3fIP1G CERTAIP! LICENSE FEES The Fir�ance Director stated that a few comments were br-ouc�ht up at a staff ineetino that could be inserted here as a first readinct if the Council is inclined to adopt .it. The first one is under Hotels and t'otels, and says $50 plus $5 a unit. Where it shows service stations we should say �asoline sales; that is how it.is under Code 13, and that is the way the Ordinance reads. Under Street Vendin9, it shows $10 and $2Q; that should say $20 and $30, industrial and residential, respectively. Trailer Parks have a$3 fee at the present time. Perhaps we should.have a$30 fee plus so much a unit. I am not sure what it should be. P1aybe this can be chanc�ed in the second readin�. i i � � e .. _ � �, � �, �` r � ' \ � � � �� _� I�� ,�.� _ _ _ � _. ' 32 � REGULAR COUNCIL MEETIN6 OF APRTL 19, 1976 PAGE 7 Water Softeners are to be covered in a different section, and take it out of th'is section entirely. The water softeners are under the buildinn code rather than the l�censing code. � MOTION by Counci]man Starwalt to waive the readinn and adopt the Ordinance on the first reading as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COPlSIDERATION OF FIRST READIPdG OF AFI ORDINAPtCE AP1EflDIPIC THE CITY CHARTER OF THE CITY Of FRIDLEY: I SECTION 5.02, EXPENDITURES BY PE7ITIOPIERS: ' �10TIOPJ by Councilman Starwalt to concur in the Charter Commission's recommendation. Seconded by Counci]man Hamernik. llpon a voice vote, a11 vot�na aye, Mayor FJee declared the motion.carried unanimously. ;` � SECTION 5.03, FURTHER REGULATIQPlS: Councilman Starwa7t made a motion to concur with the Charter Commission's recommen- dations on Section 5.03. Mayor Nee stated that the motion as it stands is for the entire section. Considerable discussion ensues i,�er various parts of tlt�s section, and Playor tdee remarked on th° meaning to be attached to the 3rd, nth, and 5th iines of Section 5.03. MOTION by Councilman Fitzpatrick Section 5.03 be referred back to the Charter Commission to clarify that Section. Second by Councilwoman.Y.ukowski. Upon a v�ice , vote, all votinc} aye, flayor Nee dec7ared the motion carried unanimously. SECTION 5.05, FORM OF PETITION Af�D OF SIGPtATURE PAPERS: MOTION by Councilwoman Kukowski to concur with the Charter CQimnission's recommen- dations. Seconded by Councilman Starwalt. � � � The City Attorney stated that you adopt also the lanRUane that contains the nart that is being stricken. Further, with the understandin� that it not be published .until Section 5.03 comes back from the Charter Commission. U�on further discussion it was decided to table Section 5.05. t10TI0N by Councilman Fitzpatrick to table Section 5•��• Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor tdee declared the mot�on carried unan�mously. SECTION 5.06, FILING OF PETITIONS AND AC7IOP! THEREON: The City Attorney pointed out that there is the same type of ]an�uaae considerations as in the previous one, the matter of includin� the stricken lan�ua�e; that he didn't think the Council wanted to adopt a Charter chanc�e that would strike out one Section until the other one had been adopted. F90TIOfd by Councilr�an Fitzpatrick to table Section 5.06. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 5.08, INITIATIVE BALLOTS: MQTTON by Councilwoman Kukowski to concur witfi the Charter Commissions' reconnnendation. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Paee � declared the motion carried unanimously. SECTION 5.13, THE RECALL: MOTION by Councilwoman Kukowski to table the Section. Seconded by Councilman Starwalt. Upon a voice vote, all votin4 aye, Mayor Nee declared the motion carried unanimously. SECTION 5.14, RECALL PETITIONS: � MOTION by Councilwoman Kukowski to table the Section. Seconded b.y Councilman � Fitzpatrick. Upon a voice vote, al] yoting aye, Playor Plee declared the motion carried unanimously. � � ,\ J '� � � REGULAR C4UNGIL MEETING OF APRIL 19, 1976 , ��. �� PAf,E 8 SECTION 5.19, INSTRUCTIdNS TO PETITIONS: " MOTION by Counci7man Fitzpatrick to concur with the Charter Commissions's recom- ; mendation. Seconded by Councilman Starwalt. Upon a voice vote, all votin� aye, Pdayor Nee declared the motion carried unanimously. � i SECIOhJ 6.04, SU80RDINATE OFFICERS: MOTION by Councilman Starwalt to concur with the Charter Commission's recommendation. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimous]y. SECTIOP! 6.05, PURCHASES ANU CONTRACTS: MOTION by Couneilwoman Kukowski to concur with the Charter Commission's recommendations. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, P1ayor Nee declared the motion carried unanimously. SECTION 6.06, CONTRACTS, HObJ LET: ' MOTION by Councilman Fitzpatrick to concur with the Charter Commission's recommen- dations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Ne^ decTared the mo±ior, carried uiianimously. � SECTION 7.04, PREPARATION OF ANNUAL BUDGET: Upon discussion it was decided the Section needed clarification. MOTION by Councilmar Fitzpatrick to table the Section. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 7.05, PASSAGE OF THE BUDGET: MOTION by Councilman Fitzpatrick to table the Section. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, 4layor Nee declared the motion carried unanimously. SECTION 7.09, LEVY AND COLLEC7ION OF TAXES: M6TION by Councilwoman Kukowski to concur with the Charter Commission's recommendations: Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, P1ayor Nee declared the motion carried unanimously. SECTION 7.14, ACCOUNTS AND REPOP,TS: � MOTION by Councilwoman Kukowski to table the Section. Seconded by Councilman ' Starwalt. Upon a voice vote, all voting aye, P�iayor Pdee declared the motion carried unanimously. � SECTI4N i0.05, RATES AND CHARGES: MQTION by Councilman Fitzpatrick to concur with the City Charter Commissions's recommendations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SECTION 10.06, PROVISIUNS OF FRANCHISES: MOTION by.Councilman Starwalt to concur with the Charter Comnission's recommen- dations. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 votinp aye, Mayor Nee declared the motion carried unanimously. SECTION 10.09, PUBLIC HEARINCS: MOTION by Councilwoman Kukowski to concur• with the Charter Commission's recommen- dations. Seconded by Councilman Starwalt. Upon a voice vote, all votin� aye, F1ayor Nee declared the motion carried unanimously. 7he City Attorne� suggested the Councii not have a first readinp until the matter comes back and then have the first reading on the whole thing; otherwise the City may end up with two ordinances. The motion could be to approve those that had unanimous agreement for a first reading, or as an alternative, a motion to table until you get it back from the Charter Commission. It is a matter of perference. � - . �. �� .- � � i ` i � e � i �- i�. ____. �, � t , � �� ' ' , � � , � 1 1 � � 34 REGULAR COUNCIL MEETING OF APRIL 19, 1976 PAGE 9 MOTION by Council Starwalt to table the first reading until the Council gets a report from the Charter Commission. Seconded by Councilt�roman Kukowski. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT SUBDIVISIOPJ PS ,#76-01 INNSBRUCK NORTH T04lMHOUSE IV APlD V, AND APPROVAI. OF TOWNHOUSE DEVELOPM11ENT T,#76-01: The Public 4lorks Director stated the Planning Commission did recommend anproval with certain stipulations, and in working with Darrel Farr a letter of understandinq and agreement has been worked out and with certain stipulations that have to be � met.� The Public 4Jorks Director then read the stipulations in the letter from j Darrel Farr of April 19, 1976. 1 The Public Works Director said f�tr. Farr realizes that prior to the final approval of the plat that certain items would have to be received by the City, and one of them is the easements for the public walkway that is adjacent to the lake in the 4th Addition. This would provide the City with the ownership of the existSng walkway that is presently around the public end of the park. . The second is a performance bond for the exterior development; the liqhting, tennis courts, and recreational facilities. The City requires a copy of all deed restrictions and agreements between Darrel Farr ° and the Townhouse Association. Also required is a 7-foot walkway to parallel the North Innsbruck Drive to Silver �ake Road, and to try to cope with the traffic problem. The performance bond would also call for the construction of an additional traffic lane at the Silver Lake Road to ease the access. A maintenance bond of $5,000 to insure the maintenance of the streets.' The Public Works Director enumerated other stipulations, and stated these were the basic outlines of understanding. � MO7ION by Councilman Starwalt to approve the Final Plat Subdivision PS #76-01 ' Innsbruck North Townhouse IV and V, and approval of Townhouse Development T#76-01. � Seconded by Councilwoman KukoHiski. Upon a voice vote, a11 votinq aye, P9ayor Mee decTared the motion carried unanimously. , The group of citizens that met on the Innsbruck matter came back into the Council room to give the resuits of their meeting. CONTINUED PUBLIC HEARING APlD CONSIDERATION QF FLNAL PLAT SUBDIVISION P.S. #76-�2, INNS[3RUCK VILLAGE AND TOWNHOUSE DEVELOPMENT OF i00 UNITS, T#76-Q2, BY DARREL A. FARR Mayor Nee stated the item now being considered is the Final PTat Subdivision No. 76-02 and Townhouse Development T#76-02 for Innsbruck Villa�e. Mr. Farr stated that one of the homeowners has a list that has been aqreed upon. Gary Samuel said they had arrived at somewhat of an anreement, and it may not be the perfect answer. The City offered to make a couple of com�romises, which helos. First of all, the Farr Corporation has agreed to move the uni•ts back a certain distance. There would be one-way lane enterinn, and emer�ency vehicles could come up there. The Farr Corporation has agreed to do whatever soddinq or landscaoing may be necessary to keep the area, Arthur Street and West Barvarian, developed aesthetically. Discussion ensued on the various aspects of the anreement in relation to streets, � angles, etc. �---� MOTION by Councilman Starwalt to close the Public Hearin� and approve the Fina� Plat Subdivision P.S. #76-02 and Townhouse Development T#76-02, but sub.ject to all the agreements and the five stipulations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee thanked the audience and P1r. Farr for a reasonable compromise. i The City Manager said that it is encouraging to see the people �etting together and solving problems, and the City would be glad to help in any way that it can. If any one wishes to see any documents or plans, they should call the Public 4lorks Director and he will make that information available to them. �� ! i � i `�.r- , _ � __ REGULAR COUNCIL MEETING OF APRIL 19, 1976 � PAl;E 10 RECEIVING THE P4INUTES OF THE PLANNING COMMISSION MEETING OF APRIL 7, 1976: INSIDE IMPROU,EP4E�4T AND OUTSIDE DEVELOPMENT PLAN - MAPLE LANES, 6310 T.H. 65 ACCORDING TO R�SOLUTION OF INTENT FOR LIQUOR LICENSE : The Public Works Director stated that the matter was before the Council approx- imately a year ago on a resolution for a liquor.license. The applicant is remodeling his building to bring it into compliance with the code as it pertains to a liquor license, and the resolu�ion stated that it would no throuah the various commissions; that a certain exterior development plan wou}d be laid out and be reviewed by the Planning Commission. The applicant has aqreed to proceed with any additional shrubbery and trees.necessary to the buildino's exterior, and this would be completed on an aqreed upon schedule and Mr. Savakoul is here to answer any questions. Mr. Savakoul made a short statement of his intent and purposes for the bui1ding, and some disc.ussion ensued. MOTION by Councilman Starwalt to concur with the Planninq Commission's recommendation and approve the landscaping. Seconded by Councilwoman Kukowski. Upan a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. LEIGH TERRACE, P.S. #76-03, OSBORNE ROAD AP�D EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to set a Public kearinc� for May 10, 1976. , Seconded by Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. J. HALUPTZOK, ZOA #76-01; 1240 73%z AVENUE: MOTION by Councilman Starwalt to set the Public Nearing for P4ay lOth. Seconded ; by Councilwoman Kukowski. Upon a voice vote, al1 vating aye, P1ayor Nee � i declared the motion carried unanimously. D. F. SEXTER, LOT SPLIT #76-02, FAST RIVER ROAD AND IRONTON STREET: The Public Works Director stated the land is zoned R-3, and the request is for a lot split to build two double bungalows on R-3 property. There is a concern here in that both the City Enqineer and the County, at the appropriate time, would like to secure certain easements for future improvements alonq ; the East River Road, and we have been making this a consistent pattern here. MOTIQN by Councilman Fitzpatrick to concur with the Planninq Commission in granting the lot split with the stipulation that additional easements be granted to the City on the East River Road. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � SUBSTANDARD 40' LOTS: � The Public Works Director said the matter came through the Board of Appeals for a quideline on building on 40' lots. MOTIOt� by Councilman Fitzpatrick the matter be discussed at the City Gounci] Conference Meeting, April 26, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared th? motion carried unanimously. RESOLUTION #39-1976 REGARDING THE ISSUANCE OF INTOXICATIr1G LIOUQR LICENSE (JOHP! G. PURMORT, HOUSE QF LORDS : CounciTwoman Kukowski asked if they could change the agenda order and move the item regarding the Issuance of an Intoxicating Liquor License forward on the ac�enda. MOTION by Councilwoman Kukowski to suspend the rules and move consideration of the Resolution forward. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie� unanimously. MOTION by'Councilman Namernik to waive the reading and to adopt Resolution #39-1976. Seconded by Co�ncilwoman Kukowski. Upon a voice vote, all voting a,ye, Mayor Mee declared the motion carried unanimously. i � �� .. �.:. F � ! i � ,. . �:: ' r: �. �� : , � '� : .� ,, ;, � � � �� +- ___ _ __-__----�__,_... --- — .- ____ _ , -- - -- -• - -_ _ . _ _ _ _ _ _ _ . � � 3� � , , , ' REGULAR COUNCIL MEETING OF APRI.L 19, 1976 PAGE 11 � ` �. , CLAIMS: P90TION by Councilwoman Kukowski to approve claims as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COP1f�ISSION MEETING OF APRIL 6, 1976: MO7ION by Councilwoman Kukowski to receive the minutes of the Police Commission Meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, � ali voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE f�INUTES OF THE CATV CODIP9ISSTON F1EETIPaC, OF APRIL 7, 1976: P10TION by Councilwoman Kukowski to receive the minutes of the CATV Commission. Seconded by Chouncilman Hamernik. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF MUTUAL AID AGREE�4ENT P1Ii'N CITY OF MAPLE GROVE TO JOIPJ NORTH SUBU48A�! MUTU-- AL I�ID ASSOCIATION: MOTION by Gouncilman Starwalt 'to approve the mutual aid a�reement. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting a,ye, Playor Nee declared the motion carried unanimously. COPiSIDERATION OF AUTHORIZING PAYMENT FOR EASEh1ENT ACdUISITIOFd FOR SS&.S4t ; li9 AND STREET IMPROVEMENT PROJECT ST. 1976-1: MOTION by Councilman Fitzpatrick to authorize the payment for easement acouisition. Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. � ' RESOLUTION N0. 38-1976 AUTHORIZING SIGfII�dG AN AGREEP1ENT ESTABLISHIf�G 4!ORKIhlG CONDITIOP;S, t-JAGES A�dD HOURS FOR CERTAI�! EPIPLOYEES REPRESENTED BY LOCAL �t0. 4Q, AFL-CIO PUBLIC WORKS AP�D PARKS : The Finance Directoi° recommended to the Council they adopt the Resolution. P40TION by Councilman Hamernik to waive the reading and ado�t Resolution �38-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, P+layor Plee dcclared the motion carried unanimously. LICEPJSES: . It was pointed out to the Council that Georqe's Restaurant in Fridley had been reconzmended for approval because of the difficulties with the Camden Bridqe beinq closed, but he had been informed that in the future he will have to meet the n09S food requirement. I P407ION by Councilman Starwalt to aporove all of the licenses as on file in tne City Clerk's Office. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � htayor Nee inquired about the junk yard, and the Public 4lorks Director said it was a legal, non-conforming use; but there are some administrative problems, and this will allow us to put in some stipulations. The basic problem is that he has his � property scattered all over other_people's property. '� The City Attorney stated if this meets the requirements for a junk yard, then the City is required to give him a license based on the arandfather clause. If he hasn't a license, then he can be prosecuted for not havin� a license. If he has one, then he can be prosecuted for violatin� the terms of the ]icense. � � � F10TION by Councilman Hamernik the stipulations as stated in the memorandum from Darrel Clark be a part of the issuin� of a license for P1r. Hayes. Seconded b,y Councilman Fitzpatrick. Upon a voice vote, all voting aye, �1ayor Nee declared the motion carried unanimously. ESTIMAfiES: MOTION by Councilwoman Kukowski the folloarinn estimates be approved for aayment as presented. Seconded by Counci]man Starwalt. Upon a voice vote, all votina aye, Mayor Nee declared the mqtton carried unanimously. 1 � .. _ _ _ __ _ � ; i _ ; �+j ti i , ; REGULAR COUNCIL MEETING OF APRIL 19, 1976 PAGE 12 I � , Smith, Juster, Feikema Chartered . Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 ; Services of Ronald L. Haskvitz concerninn the Relief Association- . PERA matter as of April 2, 1976 � $ 523.75 ' Smith, Juster, Feikema Chartered Suite 1250 -Builders Exchange Building Minneapolis, hiinnesota 55402 � Services of Prosecutor Carl J. Newquist for P1arch, 1976 $1,441.25 I RESOLUTION #40-1976 APPROVIPdG AND AUTHORIZING SIGNItJG THE AGREE�IENT ESTABLISHING ' WORKING CONDITIONS, WAGES AP�D NOURS OF EPiPLOYEES OF THE CITY OF FRIDLEY P1UPdICIPAL LIQUOR STORES FOR THE YEAR: . ' MOTION by Councilvroman Kukowski to adopt Resolution ;�40-1976. Seconded by Councilman Fitzpatrick. Upan a voice vote, ali voting aye, Mayor Nee declared the motion carried unarimously. ADJOURNMENT: ! MOTION by Councilwoman Kukowski the meeting be adjourned. Seconded by Councilman Starwait. lfpon a voice vote, all voting aye, Playor Nee declared the motion � carried unanimously and the Re�ular Meeting of fhe Fridley City Council of April 19, 1976 adjourned at 12:16 A.M. Respectfully submitted, i John Chegwyn William J. Nee Council Secretary �1ayor Approved: � � . , . � . I .� t , ; '� . ., � --- --- -__ _ _ __..__ _ _ �___.__._._ --. _ .._ _ . _�.____ ______ _.._ _._ , _._._ __� _. _ . . __ 0 CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESNI, CITY MANAGER, AND CITY COUNCIL FROM: P4ARVIN C. BRl1NSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: PROPQSED CHARTER CHANGES DATE: APRIL 22, 1976 The �atiached notice of hearing is for that porti�n of the prop+�sed �harter changes which were omitted from the original aubl-i cati on. The proposed ordin ance covers all of the proposed Charter chanc�es and i r�corporates the 1 atest reconmendati ons of the Ch a ri'�e r Commi s s i on . MCB:sh 0 1 . . _ ;..__,._�.. . �. � ' • � ' . ' •. - -` " •• • . . � : . . lA . � : , .� .. . � . . ' .� :. .� . � , �-� .�- �. -. . . I�.�+ � • � . �.. ' . — c�� • . - - . • . : .. . . �PiiBfs� H�APaNG 0� � ,.Q► O��D CHAF.1'EP. CE�P.NGES. . . . j � � • • � . • . �� . • � : • . . � : � {OFFZCif1L �iOTiC��. . • - � _ .' - . ' - : . . _ . . . . - - . . . . . . . . . . . . . . . . . . , � . . . . � . R . y 1 � � � . . , . .. • , r _ . • _ _ — - _ . . . - . . . C iT • - Y 't 0 �' . IT i �� i, I ..�� • . • � • , . � ,- . . . . .. � • �. , ' . . . '.. .� �• � - - ' • - .. �. '. • �-- : � �_'- •t. : ' �•.Th�re uit't �� a �c.��ic�he��t� be�Q�� 3i� Ci;y Cc��I�c:i� zi� �:�U ��.nr.. �c�r, �Iay-17,.�t9aF =-�- to cons.�d�r i#�� faile.�ein� r:��an�� n 4i�� r��.�r �i ��,� G�'i.,Y o�` r�°i.c➢lt�� l:�<��c;«�g�.. •: ., -- - 'that �s �roFgs� �:o b� adcied fio �h� �ttar'��r• i� s�r�r;�� as �txl.ta;�s.� « • - - . - " . . , r, .., . . � .: .. � � - � . t�e�t Char'�;�r '� at� u��, . - • - ` : _ . .. � _ ' • . �. - t� C . ' - .La� �a ��`��ta�. �s � '.� �.�a� �;� Ge cla�E�e� � ��r� h�`��r �'h�...� ��a •i.� �Y�c�Srr�� t� i�t��aws-� : '. � - - 9' � � F. _ �- . . . . .�� ' • . ... .. ' . ��0.4:��..�2"'EifiiZi':.ve�i""7LtF`e J,�t"��`.�. - � � • . . . � -_' _ - _ _ _ it'i@�C3'tta3'3g�, [!1"� aS''f�Zlti��; . . • � . , � � ' ' . � : � ' -.�� - . • • • . . � � � � : . - . . . - _ .- _ - - _.- '" _, ', . Sect� on 5.08., i�SIT:�ATIYE B��OTS. Th� ba3�c��s c�s�d w�er� vot�itzg upfln suc�t p.r�vposed .� •'-ord�.n�nce �sh��1 stat� th� ��;b�-��c� �f �Ire. �r��r�nce ar,c� sha�.�: yi v� -�h� voter�. the� .. - . QPPar�tuni�y �to �at� eit��r :'ygs`° �r "no" ora th� qfa�� udc�p�;ot��-a �f a majarity :. " of �:�e elect�f�r� uating ar� any s�ci� �rd�r�ar�� t� ir� �avar- a� :ty. �� shal�. thereupon -.. .•'beco�Q an or�d�na�c��of _�� c��y. Ar,y nu,m��, -of �r°opos�� c�rd�r�anc�s� rnay b� vote�e. t,pc�r�� -at th� �san� �7ect�on bu� th� z�oier° sE��7'� be a1�c�h�d �o va�� fa� o��agains� eact� - � s�para�e3y. ��-ease-s��t�e��s��e��x��r��=e��s��a�ce��-��eve�--��aa� ,. � - �R�-��ee��e�-,-�3�e�-��e-a��e�-��p��e��a��es��ee.�eY3��T��-��P�k� ' .. ! Q�esz�e��3�a��-��va��p�--�a��•�d��fl�j��e��. �:n �;hG �ase of� i'nconsis-��nr.y- b�twe�n two or � m�re i�i t� aii ve ardi na�� a t��ved ��he� ei ec�ors , the ardi n an ces. �s a a not ga i ntc� �Ttect u��ii �ne �i �y caut�c� as -�a�"��d`ay�.'.�o s�r o:v"��e�`�"' -�_- � .1nc�nsistenr��. • . - - : - : :. �� S�cii on �r 7",. THE RECA�L�: A�,� f� c�� .e't��tat� ma� f�rr� �t�i�rr►s�iv��. f:i�tu. �, cvmcri� �: �e� :. - �for �i�e purp�ose of bri ngi ng about t��e r��l of arty �Iee�:ed vff� c�.r� of 'c:h� G7 t,� � n-, . accar.dar�ce t�rith droc�dur�s es�ahlished �n Sect�c�n �.G3e 'i'h� �c�rir��:�.�� sha�-�: G�rt-� iy� � to �Re ci �y clerk �ne �tam? af ti�z affi �er ��hos�� remova�� f�s soughi; x a stat�m�n�. of �h� �-�. ,�.g�-ounds fo� rem�val �n no� more thar� 250 i•r�rd�, and th��r• inient-'sorr �a brir�g aboc�t i�is � , recall. R c:opy of� �ihis ceri�fica-�a shal'I b� a�taG�r�d ta ��;ch �ignat�r.c: paper� art�.na . . si gna�ure paper sha7 i be put i nto ci rcul ati on previ aus� t�o suci� c�rti fi Gation... .= � I' . . " . . . . � • • - " _ " ' . . - y.� _ . � ' . . � . � � . ' � . � �. � . I• � ... � . � . . . . .' � � (. ' ' 0 0 . . . . . . . . � � �I �� .�� . lB 1 � � � . � �. ; . . ; j . Section 5.i4, REC/�Ll. PETITIa�1S. Th� petition for• the recall of any official slial'i I� cQnsi st of a certi �i cai.e i denti cal wi th that i'i lc�d wi th '�lie ci ty clerk toqether wi th • all the si gnat�re papers and affi davits thereto attached. A�a-��e-s3g�a��s-�;ee�-�B� �� be-e�-e�e-5}sr�a��re--�a��r;-�r��-��e-��:��a}ater-�E#_.e�,�e�,�-�a�e�-��a��-t�aE�e-ar�-aT#'��av}� � ii ' ��?L-eaE�-��at�:�e-�a��e��e�--�e-�#�e--�a�e�-��-��e-�e��xe-s�e�a��e-e�-��e-�e�se�-w�ase pa�e-��-�bp�e��:�-�e--�e. Each sicnaiure paper� shall b� z►� substantially 1:;�e foliawing . ' . forrn; . . , . I' � � • �� RECALL PETITIO�� _ � 'Proposi ng the r�cal i of. . . � �,- � .. . o . . . � �. 6 �fr�ani hi s offi c� as . t . . . a `� . . . . . . . , . . ��hich �ecal� i� sough�: for �he reasons set for�h i►� the atf;acF,c� certificate. Tri�� modEmen� �s spo��or�d by the fallowir�g corrr�ii:��e af' electars: , � l�ar�_ � . . �1d�ress . .. � : � � � • • : • • • • . s • ♦ • � : a • • . � � t: • s • a • s : � e • • � i. • • n . . - . . iA � . � • • • • • • L • • • • • i • i �� • i C • O • �� • • • F f P � V • �� • . • • • • • • • • • t • • • • • - . � • O ♦ �� 6 i • 6 ! • 4 ! O� O f � •4. . : . . . . . . . : .�: . : . ` � . . . . . . . . �. = . . . . . . . :. - �5. . ....... . . . e.. ..... ....... The undersigrted e1ectors, understanding the nature of the�cha�~ges against the officer � herein sougf��: to be reca")led, desire the holding of a reca�l election tar that pc�rpose. . . . . . �t�am� � ' Address � - � •. ' .. ..� _ _ . .: �� - � . . ,� • s . ��. : ,p . o o . . o . . . ' . • .. . . • • e . �. s • • • '. e : . . 2• • • • • • o . • . o • e • o • e • � e s a o • a w � a •� � • • • � , _ � ' J• • • e e e e • • • O • o a • • � . . . • • • ! • t. s 6 s . ! s�. • � r �� s s . � . 1 , ` A� the end cff th� li st o�f sy �na�ures sha3l i�e �ppe�ded �he af-fi davi t c�f tne ci rcul ztc�r< - � � -- � , � MARVIN C. BRIJNSELL � CITY, CLERK � , PUL�LISH: APRIL 28, 7976 ar�d ��, � MA�Y 5, 7 9 76 � i � . il � ' I � � . � . . . . . . ..�...._. . _ . . .. _ _ ... ,.... ,� . ' 2 � ' �" � . . CITY OF FRIDLEY " � MEMORANDUM � � I� T0: NASIM M. QURESHI, GITY f�IANAGER, AND CITY COUNCIL FROM: MARVIN C. BRU�iSELL, ASST. CITY MGR./FItd. DIR. I� � SUBJECT: SECOND READING OF ORDINANCE AUTHORIZING THE ISSUANCE � OF WINE LICENSES , DATE: N]AY 14, 1976 � The attached ordinance has been redrafted by Virgil Herrick and incorpora�;es the changes suggested by the Cauncil at the ' time of the first reading. The proposed ordinance calls for � � an annual 1 icense fee of $700 per year, plus an in� ti al $500 investigation fee. � MCB:sh � _ � � � • � . , � ' � , �.+ . � � � �J ORDINANCE N0. AN ORDINANCE AUTIi0RI7ING THE ISSUANCE OF ON-SALE [dINE LICENSES, PRESCRTBING CONDITIONS THEREFORE, AND PROVIDING PF.NALTIES FOR V10LAT:IONS THEREOF; A.TMILNDINC CHAI'TER 603 OF TIIE FRIDLEY CITY CODE BY ADDING A NEW SECTIUN THrRETO; AND AMENDING CHAPTER 11, SECTION 11.10 OF THE GITY CODE RELATING TO FEES. THE CITY COUNCIL OF THE CITY OF FRIDLEY DQES ORDAIN: SECTION 603.2"L1 Authorization to Issue Licenses The City is hereby authorized to issue on-sale wine licenses pursuant to authority of �1inn. 5tat., Laws 1975, Chap. 345. I,icer.ses -zay b� issued to "restaurar.ts" as defined abave. SECTION 603.222 License Required No person, operating a restaurant, shall sell, or permit to be sold on said premises, any wine without having issued to said person either an "On-Sale Wine License" or an "On-Sale Intoxicat- ing Liquor License". An "On-Sale �dine License" pernlits only the on-sale of wine not exceeding 14 percent alcohol by volune in conjunction with the sale of food. S�CTION 603.223 Fees The annual license fee and expiration date shall be as provided in Chap. 11 of this code. SECTION 603.224 Seating Capacity ' No wi.ne license shall be issued to any r.estaurant liaving seating capacity of less than seventy-iive (75) persons. SECTION 603.225 Other Ap�licable Provisions The provisions of Chap, 603.01 to 603.21 above shall apply to on-sale wine licenses insofar as practicable, as the.y relate to: � Definitions; Applications; Renewal; Pr.ocedure for Gr.anting Licenses; Persons and Places Ineligible; Conditions of License; Hours of Operation; Restri.ctions Involving Minors; Other Restrictions on Yurchase or Consumpti.on; Insurance; Notice I� and Hearing on Suspension or Revolcation of License; Alleration of Yremises; Penalties. � � � � Chapter 11 of the Fridley Cocle is hereby amended Co read as follows: SECTION 11.10 Fees Add new subject of "On-Sale Wine License". The aruival license fee for an on-srale wine license shall be $700.00 per year. The fee may 2A 2� Ordinance No, be prorated for periods of less than one year. In addition to the annual license fee, a$500.00 initial investigation fee shall be charged for each new application. PASSED AND ADOPTED BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1976. MAYOR - WILLIAN J. NEE ATTEST: CITY CLERK - MAfiVIN C. BRUNSELL First Reading: t�aY 3, 1976 Second Reading: Publish: _ _ � L_� � � ORDTNANCE N0. i� � AN ORDINANCE UNDER SECTION 12.07 OF TH� CITY CNARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF TNE CITY CODE � � I � I II � THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: SECTION 1. For the vacation of a street described as follows: A11 that part of the street right of way known as Johnson Street that lies East and adjacent to Lot 18, B.lock 2, Swanstrom's Court Addition, and between the Easterly extension of the North and South lines of said Lot 18. All lying in the South Half �f Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, except that the City of Fridley reserves a drainage and utility easement over the Easterly 20 feet and the Northerly 40 feet of the above describea parcel, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF MAY, 1976. Attest: CITY CLER - MA IN C. 6RUNSELL Public Hearing: May 10, 1976 First Reading: May 10, 1976 Second Reading:� Publish........ b MAYOR - WILLIAM J. NEE G ' � � _ ,ti � ; � � „ � µ - - � �..t ' '_7�' '. . • j � � ..{ . � � M /f M ; !s � � '� � � � � 1 � � � Q (��•> � . '`' . ' b .�y "�� 1 . � ♦ sr ' ' l��i f V / I ` f7 Ns �i �: ?" � p A �� e 9 � � ; f) fa s.�''�ct .� is;n r'H'K �\ ��'+�'re -- a la 3;rls.b � ��''%w• `. � `` � I s �f � , � � tio �'Na • - ' ..s d > F.a ��r � . �" o --c,bS ... . ' , � . �' n� � ��' . -15s..._ nS . 31-�IA y p .�.p '� in� . LJd �f w I �., w _J"_�.�,s-.� .±'�.� jy'M . "g v '�,s� '`� ia:�3o � q. f:uv �'�. SS.7G .r� �j � o / z �w ,°3 i 4 �� • .. .,3 \ µ y \ � ��lY �� ¢ � ' � �� 1 � � . . � P.I�RI � .. . (qwoJ. Nt � �i? �t��j�� ' '�d`�'" P.,� c�.�s.��,�,-f,� � 8 g � �� ` 8 �� ' 1 '• '� ; �' � �Y 6 � �.,� .. _ ,�;- ,�.0 5 • ,_ .. :.� -..a - �6-?r � �� F r �°' �1 CA- y��`}'`�� °R�� _�yIAE � �=A'` . P. fK d �r�� ,p � � ' tD�'r ��' _ ~`_� -- - �r-- •1 � � u � � e "4 . . ^ ' �' - _ ` '��- ` �V'��Ji w Ny. - ` .. . . �'ti�� _r_•_ � .��1 1 � � 1 ; j �s �-- _ , � . , � ,, ; '� . 1 ' � ' — � � $ � � _; o : : -.__��--•_ � � �-�--._ i :, +� , , � � ��---_ - � , .--_. -. 1 ��II�±�,—s._. � / � . Y� 61 /fi' fl L� �'� ,F/t b Iti� K M1Il,vv,7E�sil� �.�M�Aec.-,!.w..1.:,..fNn�+�'••:-.�w.R,..n. ..;..�.r..�.�+yp��..,. t � ' � s t � �� /r yv /� k ' ti � �� F . ` �' r� i . s l��t fi i0 S 8 Z \ � � N�s -� j // � 9 �' � ,,� �` „ \ r-`--�r��j � kif ss �.L.• � IQ� r��"4 ��.�z� / • . .tJ t��s� r� p � � � . ,r.� .Pa l . �� 1� /A Y , �� - � -�. ---�.�� .. :.� SAV #76-02 P-irs._ Ray Prestemo.n � vacate unimproved Johnson � 9�rs�t .v �""`�` ;�� _ , . �_� - a�,�� -a�;,,-- 8 ~S � � �n .�b;�I . • �1j �� . 7 � r�i.,ti .ta,�rieC R� �,zs� �►� � 1e�� ' �r-�,�''�� _ �� s-�� m � r"' s� �-- a � 40 � � _._.,.,,✓ i � b . . .. ,' .. .. . . ... ..� 0 �� . ORDINANCE N0. � Af�l ORDINANCE AMENDING THE CITY CHAR7ER OF TNE CITY OF FRIDLEY � 4 �THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That the following Sections of the Fridley City Charter are amended as follows: �f initiative referendum Section 5.02, EXPEhJDITURES BY PETITIONERS. No member o any , � or recall committee, no circulator of a signature paper, and no signer of any such �paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for such service rendered in connection with the circulati�n thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense �not to exceed $200.00 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses sha11 be� turned over to the city clerk w�thin 5 days following the filing of a petition. Any violatio� of the provisions of this s�:±ion is a misdemeanor. Any violation of this section shall be reported by �the city clerk to the �roper authorities fer prosec;�tion unde.r state statues applying thereto. �Section 5.03, FURTHER REGULATIONS. A lawful petitian under this Charter may be ce rtified, signed and circulated upon an ordinance to be initi�ted, an ordinance to be made the subject of a referendum and a proceeding for recall upon the grounds `authorized by la�v and required by the Constitution of the State of �•1innzsota,and reasons stated in the certificate, are to be stated and noted in the.petition itself: A petition for any other purpose may be made i n accordance wi th procedures establ ished by thi s Charter or under �rovi si ons of 1 aw as may be elsewhere provi ded. , - � A petition un der this Charter shall be filed in the office of the city clerk as one instrument, which instrument shall contain any instrument required, a copy of any �ordinance proposed, covered or affected, any other document (appropriate to the petition) and all the signature papers and affidavits attached in support of the same. A petition may be signed by any elector. A petition can be circulated and verified only by an �elector who has signed ihe same. All the:signatures on any petition need not be on one signature paper. The circulator of eve ry paper sha11 verify by affidavit attached that he (she) was the circulator of tfie same, that each signature was signed in his (her) presence, and is of the person that same purports to be and that eac�si gner �affiirmed that he (she) was an elector at the residence stated thereon. Any paper lacking s uch affidavit or verified by an affidavit false and untrue is insufficient and vo.id of effect. 1 The insufficiency ar irregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any 'ordinance proposed to the electorate at the next regular or special election, or otherwise acti ng favorably upon, the same. The Council may provide by ordinance such further regul�ations for the initiative, � referendum, and recall , not inconsistent with this Charter as it deems necessary. s The city clerk, upon receipt of documented information that any signature on any �petition paper has been falsely attested. to, shall promptly forward such information .to the proper authority for prosecution under state statues applying thereto. � � � �ORDINANCE N0. PAG E 2 . 4�i! � Section 5.05, �ORM OF PETITION A�D OF SIGNATURE PAPERS. The petition for the adoption of any o rdinance sha1T consist of the ordinan ce, togethe r with all the signature pape rs �and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least ten percent of the total number of registered voters as January lst of that year. Each signature paper shall be in substantially � the follo�ving form: INITIATIVE PETITION �Proposing an ordin ance to . . . . �. . . . . . . . . . . . (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following corr�nittee of e7ectors; 1 Name Address �l. .� .............. 2. . 3. ................ �4. . . . . . . . . . . . . . � . . 5. . ...�............ ................ The undersigned electors, understanding the terms and the nature of the ordinance hereto �attached, petition the co�ncil for its adoption, or, in lieu thereof,,for its submission � to the electors for thei r approval . � 1. 2. � 3. Name ................ ................ Address ................ ................ At the end of the list of signatures sha11 be appended the affidavit of the circulator � mentioned above. Secti on 5.06, FILING OF PEl'ITIONS AND ACTION THEREON. Wi thi n fi ve days after the �filing of th� petition, the city clerk shall ascertain by examination the numbe r of electors �,rhose signatures are appended thereto and whether this number is at least ten percent of the total number of regular voters. If he finds the petition insufficient ,or irregular, he shall a� once notify one or more of the committee of sponsors of that fact, certifying the reasons for his finding. Trre committee shall then be given 30 days in which to fiie additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still ,. insufficient or irregular, the clerk shall file it in this office and shall notify each member of the committee to that fact. i�Section 5.08, INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majori�y � of the electors voting on any such ordinance vote in favor of it, it shall thereupon ; i becon�e an ordina��ce o� the city. Any number of proposed ordinances may be voted upon I at the same election but the voter shall be allowed to vote for or against each separately. In the �ase of inconsistency betu�reen two or more initiative ordinances � ' . 1 e ,_ �-ORDINANCE N0. . 4 1� PAGE 3 .� approved by the electors, the ordinances shall not go into effect until the city council has had 60 days to resolve the inconsistencies. , Section 5.13, THE RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city in 'accordance with procedures established in Section 5.03. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words, and thei,r ir�tention to bring aboui his recall. A copy of this certificate shall be attac{�ed �`o'each signature paper and no � si gnature paper shal l be put i nto ci rcul ati on . previ ous'.to such certi fi cati on. Section 5.14, RECALL. PETITIONS. The petitio� for tne recall of any official shali �consist �f a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. Each signature paper shall be in substantially the following form; ` RECALL PETITION Proposi ng the recal l of . . . . . . . . . . . . . . . from hi s offi ce as . . . . . . .. . which recall is sought for the reasons set. forth in the attacl�ed certificate. This movement is sponsored by the following committee of electors: � . Name Address � 1. ................ ..... .......... �2• ............. .. .........�...... 3. . 4. ................ ................ �5. ................ ....... ........ The undersi ned electors, understandin th� nature o� the charges against the officer � 9 herein sought to be recalled, desire the holding of a recall electi�n for that purpose. � Name Address �1 ...... ......... .. .............. 2. . . 3. ................ ................. , At the end of the list of signatures shali be appended the affidavit of the circulator. Section 5.19, INSTRUCTIQNS TO PETIT�IONERS. The eity clerk shall provide to every �person circulating a petition for the initiation of an ordinance, the initiation of charier an�endments , for a referendum, or the recal l of an elected offi ci al , wri tten instructions delineaiing the correct and proper procedure for circulating the petition. �The instructions provided will clearly define falsification of a signature and false attestation of a signature and wiil cite th�se ordinances, 1aws, or statutes relating �to such acts . 1 t � IORDINANCE N0. y � PAG� 4 � � . Seetion 6.04, SUBORDINATE OFFICERS. There shall be a city clerk, city treasurer, � city attorney, and such other officers subordinate to the city manager as the couneil may provide for by ordinances. The city attorney and/or legal officer(s) shall be appointed by the city manager wi th approval of the counci 1. The ci ty clerk shal 1 be �subject to the direction of the city manager and shall have such duties in connection with the keeping of the public records, the custody, and disbursement of the public funds, and the general administration of the city`s affairs as sha11 be ordained by �the council. Ne may be designated to act as secretary of the council. The council may by ordinance abolish officers which have been created by ordinanc� and it may combine the duties of various offices as it may see fit. r Section 6.05, PURCHASES AND CONTRACTS. The city manager shall be the chief purchasing 'w agent of the ci ty. Al l purchases on behal f of the ci ty shal l be rrade, and al l contracts let, by thz city manager, provided that the approval of the counciT must be given in �advance whenever the amount of such purchase or con+ ract exceeds the amount stated in the state statutes. All contracts, bonds, and ins�ruments of every kind to which the city sha11 be a party shall be signed by the mayor on behalf of the city, as well as � by the city manager, and shall be executed in the name of the ci ty. Section 6.06, CGNTRACTS, NOW LET. In all cases of contracts for the purchase of me rchandise, materials or equipment or fo r any kind of construction w ork undertaken _, by the ci ty, whi ch requi re an expendi ture of more than that whi ch i s set by the state statutes, unless the council shall by an emergency ordinance otherwise provide, the city manager shall advertise for bids by at least 10 days pub1ished notice in the �official newspaper. When a bid is required, it shall be let to the lowest responsible bidder as determined by the council. The council may, however, reject any and all bids.. Noi.hing contained in this section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. � Section 7.04, PREPARATION OF ANNUAL BUDGET. The city manager shall prepare the estimates for the annual budget which sha11 include any estimated deficit for the current year. � The estimates of expenditures shall be submitted by each department to the city manager. Each estimate shall be divided into three major subdivisions as follotias: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outiay. Salary detail shall show a list �of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shal l be broken down i nto such detai 1 as t��e ci ty man.ager shal l di rect. Capi ta� � Outlay shall be itemized as to items and amounts. In parallel columns shall be added the amounts expened under similar heads for th2 two I preceding fis�.al years, and, as far as pr°acticable, the amourts expended and estimated I' for expenditure during the current year. In addi�:ion to estimates of expenditures, the City manager shall prepare a detailed statement of revenues collected for the two i preceding completed fiscal years Gvith amounts estimated to be collected for the current jl � fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be sub�nitted to the council at its first regu1ar monthly rr�eting in August and shall be published in suTnmary in the official publication prior to t1�e August meeting. � � � � � � ORDINANCE N0. PAGE 5 , 4D '� Section 7.05, PASSAGE OF THE BUDGET.. The budget shall be the principal item of business at the first regular monthly meeting of the council in August, and the council shall hold subsequent meetings from time to time until all the estimates have been considered. The n�eetings shall be so conducted as to give interested citizens a I i reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual ��budget finally agreed upon shall set forth in such detail as may be determined by the city councii, the complete financial plan of the city for the ensuing fiscal year, and shall be signed by the majority of the council upon being adopted. It shall ��indicate the sums to be raised and fran what saurces, and the surr� to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum _ appropriated shall not exceed the total estimated revenue. The council shall adopt �the budget during the month of Qctober by ordinan ce which shall set forth the total of the budget and the totals of the major divisions of the b;�dget, according to the plan indicated in Section 7.04. The budget ordinan ce as adopted shall be published in �offi ci al publ i cati on . Section 7.09, LEVY AND COLLECTION OF TAXES. On or before the 5th day of November, each year. the counci 1 shal 1 levy by resoluti on the taxes necessary te meet the 'req�:irements of the budget,for the ensuing fiscal year. The city clerk shall transmit to the county auditor annually not later than the lOth of November, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be 'enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of 'any informality �n the manner of levying the same, nor because the amou��t leyied sha11 exceed the amount required to be raised for the special purpose for �vhich the same is levied, but in that case the surplus shall go into a suspense fund, and , shall be used to reduce the levy for the ensuing year. the Section 7.14, ACCOUNTS AND REPORTS. The city manager shall be the chief accounting �offacet� of the city and of every branch thereof, and the council may prescribe and enforce proper accounti ng rr�thoos , forms , bi anks , and other devi ces consi stent wi th the law, this charter, and the ordinances in accord with it. He shall submit to the 'council a statement each menth showing the amount of money in the custody of the city t reasurer, the status of all funds, the amount spent or chargeabl2 against each of the annual budget allowances and the balanc�s ieft in each, and such other information relative to the finances of the city as the council may require. 7he council may: � at any ti me and shal l annual ly provi de for an audi t of the ci ty fi nances by a cert�i fi ed public accountant or by the department of the state authorized to make examinations of the affai rs of rnuni ci pal i ti es . On or before the fi rs t day of Apri l i n eacn year trti� city ,manager shall prepare a complete finan cial statement in form approved by the c�uncil of city's financial operations ror the precedin5 calendar year, and quarter, __ m�€t and a summary thereof sliall be published �in t{ie official newspaper on or , before the third week in April, July, October, and January as appropriate. SECTION 10.05, RATES A�vD CHARGES. Every �ublic utility or franchisee making use of ' the street or put�l ic pl aces wi thin the ci ty shall gi ve courteous , effi cient and adequate , service at reasonable rates. A reasonable rate shall be cons�rued to be one which will, with efficient management, normally yielr� a fair return on all property used and useful in furnishing service to the city and it.s inhabitants. This shall not be construed as I` 1a guar�nty of a return and i n ro case shal l the re by any return upon franchi se val ue. Within these limits the determination of maximum rates, fares, or charges to be charged , �� _�.. _ I � ORDINANCE N0. � PAGE 6 � 4E ,by any public utility or franchisee for service rendered to the city or any person, persons, firm or corporation within �he city shall be made, if possible, by direci negotiations between the public utility or franchisee and the council. In case of failure to reach an agreem2nt by this method viithin a reasonable time the council ' may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the publ i c uti l ity or franchi see ; provi ded, however,. that the rates , �far2s, or charges so fixed by arbitration shall no� be binding on the city for more than fi ve years. �Section 10.06, PROVIDIONS OF FRANC�iISES. Every franch�ise shall contain, among other things, provisions relating to the fo1lo��ving: � in � (1) The term of the franchise granted, which shall not exceed 25 years. (2� Rates, fares and charges to be charged by the public utility or franchisee compliance with the terms and provisions of S�ction 10.05 (3} The rights rese rved to the city in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, ,the laying of tracks in or of pipes or conduits unde r the st reets or public places, and the placing in the streets or other public piaces o-F any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. � ' (4) The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or fran chisee. � (5) The rights of the city to have access to all books, recor�s, and papers of the public utility or franchisee which in any way deal with, affect or record its operations jwithin and pertaining to the city and pertaining to property and equipment used and useful in furnishing service to the city and its inhabitants. ( 6) The power an d ri ght of the ci ty to s ubmi t to arbi trati on the fi xi n g of any , rates, fares or charges to be made by the public utility or franchisee. (7) The ri ght of the publi c uti 1 i ty or franchi see to recei ve upon condemnati on . ,proceedings br°ought by the city to acquire the public utility or franchisee compensation for its franchise or the value thereof, i f any. I-Se'ction 1C1.09, PUBLIC HERRINGS. 3efore any franchise ordinance is adopted or any rates•, fares or charges to be charged by the public utility or francnisee are fixed, there shal l be a publ ic hear;ng by the counci 1, in regard thereto. Noti ce af such �public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20} �ays prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the council shail deterr�ine. I� PASSED t�ND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1976. 1 ° [� � � ORDINANCE N0, . . . � , PAGE 7 � � � � ' � ATTEST: � . , GITY CLERK - MAR1lIN C. BRUNSELL , Publ i c Hearing : Apri l 12, 1976 & May 17, 1976 Fi rst Reading: �Second Readi ng : Publication: , � � , ' �i � �� . ��. �� I �I� MAYOR - WILLIAM J. NEE 4F 0 I ` f ) � , ' CHARTER COMMTSSION ME�TING April 20, 1976 �� e%� -r. !� d. . �( ! ? ' . cr t. �� .' �l �`�,�� U' A • � MEMBERS PRESENT: Raymond Sheridan, El.aine Knoff, Peg McChesney, . Robert 0'Neill, Jackie Johnson, Clifford Ash, ' Roy McPherson, Ole Bjerkesett, Harry Crowder, Charles Langer ' M�MBERS ABSENT: Jerry Ratcliff, Kenneth Brennen, John Swanson Herbert Bacon ' ,� � � ' OTHERS PRESENT: William 23ee, Mayor Nasim Qureshi, City'Manager Marvin Brunsell, Asst. Ci�y Manager/Finance Dir. William Scott, Rep. of the Fridley DFL Club Chairpersan Sheridan opened tihe meeting at 7:45 p.m. APPROVAL OF MINU�E5 OF FEBRUARY 17, 1976 CHI�RTER COMMISSION MEETING: MOTION by Charles Langer, seconded by Clifford Ash, to approve the minutes of the �ebruary 17, 1976 Charter Commission meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. COMMUNICATIONS: The Charter Commission members received oopies of a letter dated ' April 20, 1976 from rfarvin Brunsell to Raymond Sh�eridan in which Mr. Brunsell outlined action taken by the Council on the proposed Charter changes. ' DISCUSSION ON PROPOSED CHARTER CHANGES: (�refers to further changes) � ' �J � ' Section 5.03 - Further Re�ulations: Mr. Bjerkesett stated he felt it was pretty obvious what this section means. He added the word "all" (to be stated and noCed in the petition itself) refers to �lie grounds and the reasons authorized by law. Mayor Nee stated k�r. Herrick had agreed this was ambiguous when tlie a�ssue was raised at the public hearin�. Mr. Bjerkesett stated he had no objection ta clarification of this section of 5.03. The Comniission changed the first sentence of the first paxa- graph of this section to read as follows: A lawful petition under this Charter may be certified, si�ned and circulated upon an ordinance to be initiated, an ordinance to be made the subject of a re£erendur� and a * proceeding for Recall upon the grounns authorized by law anci required Uy the Constituti.on of Che State of. Minnesota� and reasons stated in the certificate, are to be stated and noted in tlie peeitiou itself I , • . I . CHARTER COMMISSION MEETING, APRIL 20, 1976 PAGI's 2 Mayor Nee stated it was his feeling that the referendum, recall, and initiative, processes were very valuable for keeping every- body "in the game". He added there were certain problems from the petitioner's point of view. He added the Charter is deficient in getting the petitions appraved and acted upon. He added he felt the burden should be on the City to demonstrate a sig- nature is not valid before it is thrown out. Otherwise, he stated, the si.gnature should be accepted as valid. Mayor Nee stated he felt the City Charter should state something to this effect. Mr..Bjerkesett stated he was sure statz statutues require some type of check against voter registration. He added the City Charter presently states the Finance Director is only required to determine whether'the signatures on the petitions are those of registered voters. Mr. McPherson stated he did not feel a voter registration card should be the deciding factor as to whether the signatures were valid. Mr. Ash staCed the person who files the petition has the res- ponsibility to see that the petition is valid. Mr. Scott stated he would like to express some concerns of the DFI Club. He staCed this section tends to thwart a burden on the circulator of the petition. He added an effort should be made to encourage people to take part in this type of thing. Mr. Scott was referring to the word "p�-asecution" in this section. Mr. Ash stated citizen participation is good, but any person circulating a petition has a responsibility. Mayor Nee stated he did not agree totally with Mr. 5cott; however, the tone of this was threatening. The Commission held a short discussion on "what is a genuine signature?". The Commission changed the fifth sentence of the second paragraph of this section to read as folZows: - - The ci,rculatoz of eVery paper shall verify by affidavit ' attached that he (she) was the circulator of the same, * that each signature was n�s�e signed in his (her) presence, �s�ge�r��fte� and is of the person that same purports to be and that each signer affirmed that he (she) was an elector at the residence stated thereon. Sections 5.05, 5.06, 5.13, & 5.14: In regard to Sections 5.05, 5.06, 5.13, and 5.14, Mayor Nee ' explained Mr. Herrick had advised the Council not to act until further explanation of Section 5.03. � � , ! . II' ' � ' �� ' ' � ,° ' CHARTL'R COMMISSION MEETING, APRIL 20, 1976 PAGE 3 Secrion 5.08 - Initiative Ballots: Mr. Sheridan asked what the objections were in regard to this section. � Mayor Nee stated the purpose o£ initiative ballots was to remove the decision from the City Council's hands. He added this proposed change has the effect of putting it back in the City Council's hands. He felt this was contradictory to its intended purpose. Mr. Ash stated the Counci]. wauld have many alternatives with which �o deal with this conflict. He added the Commission felt it was the City Council's responsibiiity to resolve the incon- sistency between two or more ini�iative ordinai�ce approved by the electors. Mayor Nee suggested changing this section to read the ordinance approved by the highest number of electors would prevail. Mr: Ash stated he did not feel that t�roul.d resolve the issue at a11. The Commission decided to make no further changes in this * section of the Charter. • Sections 7.04, 7.05, & 7.14: Mr. Qureshi stated the City Council receives a very thick copy o£ the budget. He wondered whetlier it was the Charter Commission's intent that this entire packet be published. The Gommission stated this was �not their intent. Mr. Qur�shi further stated the budget has never been submitted the first Yegul2r monthly meeting in August. He stated the problem was information needed to prepare the bud�et was not available from the County, State, and other sources. Mr. Qureshi suggested changing August to September in order that the estimated budget may be more realistic and meaningful. He added the problem �aould be the publication. Mr. Ash stated the Commission was concerned with main figures, not detailed information. He added this could be a major campaign issue for the November electxons. The Cor_mmission changed the last sentence of the second para- graph of Section 7.04, Preparation of Annual Budget, to read as follows: The estimates shall be submitited to the council at its * fir,st xegula.x monthly meeting in I�.ugust and sha11 be � �ubXished in summary in the of�ici.al publication prior to the August meeting. r ' �A . . . ,� � ' � ' ' � � CHART�R COMMISSION MEETING, APRI.L 20, 1976 _____PAGE 4 The Commission changed the last sentence of SectiQn 7.05, Passage of the Budget, to read as follows: ' The budget ordinance as adopted shall be published in the official publication. MOTION by Ole Bjerkesett, seconded by Clifford Ash to adopt the further proposed changes to the City Charter. Upon a voice vote, a11 voting aye, the motion carried unanimously. UNFTNISHED BUSINESS: A) Mr. Ash stiated it was his personal concern that the Charter Commission should be certain that the City Council operates by the Charter. He proposed a subcommittee be formed to review this, and that the. Charter Commission take the responsibility of guiding the subcommittee. The Cominission agreed with this proposal. MOTION by Clifford Ash, seconded by Oie Bjerkesett, that Raymond Sheridan, Chairperson of the Charter Commission appoint such a greup from within the Commissian with the responsibility to x'eport back at the first fali Charter Commi.ssion meeting i.n 1976. Upon a voice vote, all voting aye,the mation carried unani�tously. Mr..Sheridan will make these appointmen.ts by the May Charter Comrnission meeting. B) Mr. Bjerkesett stated the Commission sYiould give some ' thought to a special election ir. the event of a vacancy on the City Council. The Commission agreed this should be dealt � with as soon as possible. ' C) Mr. Sheridan stated possibly the Commission should have legal. assistance to defend the Commiss3.an if r�eed be. He added Mr. Herrick had done a fine job; hacrever, Mr. Herrick was � caught in the middle of things. He added if the Commission would like, he would speak with Mr. Herrick and ask him if he wau13 prefer the Commission select anol.her attorney. The Commission agreed. NEXT MEETINC DAT�: The ne�:t meeting of the Charter Cornmission will be held [dednesday, May 19, 1975. 0 , ' , �� CHARTER COMMISSION MEETING, APRIL 20, 1976 PAGE 5 ADJOURNMENT: MOTION by Charles Langer, seconded by Ole Bjerkesett, to adjourn the meeting at 9:58 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectiully submitted, / , � _� Ho ly nsager Recording Secretary - \ , �. ` , � � J ORDINANCE N0. 6HAF��R-�96-Bkl� 68� PI6-- AN ORDINANCE AMENDING CHAPTER 206 OF THE FRIDLEY CITY CODE pERTAINING TO THE BUILDING CODE AND PERMIT FEES The City Council of the City of Fridlev doe$ ordain �s follows:_ 286:8�-Bd��B�W6-6ABE- �be-P4}ppese�a-��a�e-B�}��}p�-6ede-�s-Hepe��-�de��ed-�y-�e�ewepee-apd-sba��-�e-}p-�b��-#'e+�ee--- � aRd-e€€ee�-�p-�be-6��y-e€-Fw��ey-as-�€-se�-st��-NexP-�p-€��-ap�-sa�3ee�-�s-�qe-€e��ew�p�-- exee��eps:- i , � , ._. � � ' ' �.--��e�-aay-�e�r��-€e�-�be-e�ee��ep-e�-�+a��e-�we}}�pQs;-Ee��e�=E�a�;-�p�as��a�-s�+�ae�a�e5-- ap�-a��-e�be�-��}��}p�s;-e�ees�-s�AQ�e-�a��y-a��-�we-�a�}�y-�ere}}}�Qs,-er-a�y-a�d��ieg �s-sa�e;-�be-€ee-e�awQes-s�a��;-�e�-eaeH-��t#�d}��;-et�-a�d}��ep-�pe�aded-�p-saeb-�e��+i�; �e-based-e�-�be-e��}ea�-ea��e��s-e€-s�eb-�a��d��,-ew-ad��}ep-apd-sba��-�e-a�-��e-�a�e-e€-- $2.-�5-€er-eaeH-�,888-ea��e-�ee�-ew-�wae��eR-�Newee€,-��-e��}ea�-Ee��e��s:- 2.---Few-�Me-ry�w�ese-e�-eer��}�g-�ees-�ew-�a��d}pQ-�ew��-ae-a�sve-�xev�de�;-�be-ea��Ea�--- ee��e��s-e€-a�y-��e�ese�-�a��d}pg-e�-add}��ep-�e-ap-e�}s��p�-��}��,-�p-�be-ease-e�-a- ��Q-ew-ad��e�-e�-a��wex}�a�e�y-��}�ewr�-�e}�b�-�bwe��ea�,-sHa��-�e-�be-��e�ae�- e��a�ped-�y-�a��yfi�Q-��e-�wsa�d-a�ea-eea�ered-�y-s�e�-�a}��q�-e�=-ad�}��ep-�y-�be-d�s�apee-- €wer�-a-�e�p�-6-�peHes-�e�ew-�be-�}eew-}�Ae-e€-�Fie-�ase�+e��-ew-ee��a�;-wHe�e-��e�e-�s-�e-�e-- a-�ase�e��-er-Ee��aw;-er-€wer�-�be-�e�-s€-�We-€eb��a��ep;-wbewe-�bewe-�s-�e-�e-pe}�be�=-�ase-- �e��-ae�-ee}�a+�;-�e-�be-aae�=aQe-He��-e€-�He-��e�=-s��€aee-e�-a=€�a��-�ea€-e�-�e-�he-a�e�age- be}��-e€-�be-xse€-saw€aEe-e�-�be-r�a��►-Qa��e-a�-a-�Y�ebe�-wee€.--- 3.---��-��e-ease-e€-apy�-��e�ese�-�a}�d��Q-e�=-a��eR-�e-aa-e��s��pg-�b}��pQ3-�8+=��eps-e€- wb}eb-awe-e�-d�€€ew}��-Me}�b�s;-}�s-eab�ea�-eep�ep�s-sqa}}-�e-�al�ep-as-�qe-s��-s�-�be-ea��ea�- ee��e��s;-s�r�}�ar�y-�e�ewr�}�e�;-e€-sa�d-d��er}p.�-�ow��eps;-ee��e�-se�a�=a�e�,�:- 4.--LFee-sebed�}e-€ew-��d}�-�e�re}ea�-s�ewa�e-�awl�-��p��s: S�w�te�ara�� -e-�e;880-6a�s:-�48- �e;ee�-s�-��----��e Wlee�a�}ea}- o-�e;eee-s��}eps---------��- --�e;ea�-�-��--=-----------�as-- ra��ep----------------------��5-- �la�ew��ew------------------��5---- 206.01 Adoption of the State Buildinq Cade by Reference The Fridley City Council hereby adopts by refarenr_e the Minnesota Building Code and the � followinc�appendixes, annexes and supplemental provisions of the P4�nnesota Building _ Code as filed with the Minnesota Secretary of State and the Commissioner of Admini�tration on January 6, 1972� as amended_through January, 1976. � � . � �, � � � 1 State Buildinq Code Appendixes, 'D, E and F. 2. 1973 Uniform Building Code Append�xes, Chapters 13, and 70. � 3 Minnesota Plumbinq Code Appendixes A, C, D, E and F. 4 Minnesota Floodproofing Re4u]ations, Sect�on 201.2 through 208.2. Three (3) copies of said Code, appendixes, annexes and supplemental provisions shall be marked °Official Copy", and be keRt on file �n +he City Clerk's offiee and shall be open for public inspection. 206.011 The Minnea olis Fee additions. Ev "Citv of Fridle fee schedule for the City of fridley shall adopt by reference the City of inance, 1975 edition, as amended, with the followinq exceptions and reference to the "City of Minneapol_is" shall be construed to mean the ,� ' � ` ', � � ' � � ' , 1 � � � Ordinance No. :2r i 5 � Amending Chapter �06; �uiidin� Code 1. Ex�ept Seetion 200.�20, and the paragr�ph und�r Tab7,e 2�3-A �rg�ard�n9.4n5ta1-�_ y lat�on of_qyps m wallboar� �rmit fee. k � ` 2. Chan e Seetion 2p0.0�0, to read: "In no ca�e �ha1) the f�� t�ar_�� fqr an permi t i s sued by the u i d i n�Tf 7 c � a be �ss t ar� . 7.:5 . 3 Amend �eetion �O1 OlO,Fees�Required, �s fo114ws: '"Ths Su�i�3ng Official, . before issuin a9 nY Permit for the erect�pn of an,y�build�nc� or stru�ture, or for any . addition to any existinq buildinq or structure or for any alterattons or repairs to any exi�ting buildin�.or gtrueture, uPon applicatM1On thereforz �hall require the a ment b the a licant for such permit of fees in tM� amount her�in set forth. � T e permit fee shall be based on the cubic area of a structure. � r�oup T�ana-� occupanc�es e ra�e s�iailT�e �A er . ou�an �ubic feet. For all other occupancv classif�eations, the rate_shal__be 2.7.5 per thousand cubic Cubieal GQntent Oe�ermined: For the ur ose Of com utin fe�s for bica contents of any proposPd building e cas� of a buildinq or addition of app the S�roduc�. obtained by multiplying th dition by_ the distan�e from a_po�nt 6 �.x_— ,. �__� --- nt or cellar �as basement and �el��ar ar er� is to be a basement or a cellar, or ere is to e neither base.ment nor cella rface of a flat roof or to the averagE ble of a pitched roof. . of any�pro os�d buildi port�ons ot wnich are of d�ffering heignzs, its cub�cal cortents sha�� Ue ta en as the sum of the cubica� eQntents, similarl,y deter�m ned, of said differing portions, tom ute�separatel�, P�rmit �e�� for CQnstru�tion For Whieh Cu�ical Content Cannot Be Determined: For a� �uch permit for the erection of a structure, other than a"buildinc,�", as defin�d by the Build�nc�GQde, or for re airs or alterations to an existin structure, the fee char ed for such permit sha11 be at the rate of 3 for each 500 or fraction thereof'in the eost of all proposed work included insa�d permit for the first 50,000, and 1.50 for each additional $500 or fraction thereof in excess of 50,000. buildinq permit �s abflve p or additior� to an exist�n� oximate1r�unifqrm height t �rouncf area covered by su nches be1ow the floor line mdefined b,y the Bui�lding C from the iop of the founda , to the avera e height of ei�ht of the roof surface r additio to an existing ided, the ilding, in u�hout, shall building or the base- u er e main di.n , k 4. Add Section 201,011 to read: "Nen-structural and incidental alterations where cost of mat�rials is less than �50U shall be exempt from permits and fees". 5. Add �eetion 20I.012 to read: "Group J(accessor,y buildings� with less tt�an 2QQ square feet of floor space shall be exempt from permits and fees". 6. Chan�e Section 201.�40, senter,ce 2, to read: "For anv permit for the re-e�-ectian of any pool which was once erected with a^permit and then disassembled, wh�ch is not r�-er�cted in the same location and in compliance with Chapter 125 of this Code, the fee shall be �lU" � 7. Addin to Section 202.020 sub ara ra h 1-A, to read: "All new Grou I structures shall be cha� ed a fe� of 30 for 100 a►n service, and 35 for 200 am service". 8. Gha�e S�ction 205..Q30> paragraph 4, sent�nce 3, to read: "The permit �ees for any building being moved throuqh the Citv of Fridley from a place outside the Citv to annther location outside the Citv shall be as set forth in Chapter 11 of .... .� . �,�. 9. Exe��t ��ion 20� 10. Exc��t Section 208,��Q 11. Exce�pt Seetion 2I0 12. Exc�pt g��t�4n �z1 . \ �y � ' ' _ , � ' � , ' � , � � ' � . ' ` , Ordinance No. -3- Amending Chapter 206; Buitding Code 206 012 Fee schedule for liquid petroleum stora.ge tank permits. _ STRUCTURAL 0-10,000 Gallons $40 10,001 and up 50 2G6.021 Reinspection MECHANICAL 0-10,000 Gallons $25 10,001 and u 35 Mixer '15 Vaporizer 15 �� A reinspection fee as provided in Chapter 11 of this Code shal�l be assessed for each REINSPECTIOFI inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. 1. This subsection is nat to be interfreted as requirinq reinspecti�n fees the first time a job is rejected for failure to comply with the require- ments of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 2. Reinspection fees may be assessed when the permit card is not pro- perly posted on the work site, or the approved plans are not readily available to the inspec�or, or for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building ��s�eE�s� Official. 206.022 Application for Reinspection To obtain a reinspection the applicant shall file an application in writing upon APPLICATIOfV a fnrm furnished by the City. Where reinspection fees have been assessed no FOR RE- additional inspection of the wark will be performed until the required fees have INSPECTION been paid. 206.03 Safeguards Warning barricades and lights sha11 be maintained whenever necessary for the SAFEGUAROS protection of pedestrians and traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. 206.04 Fire Limits (Uniform Building Code) The provisions of Chapter 16 of the Uniform Building Code sha11 be revised to read FIRE LIMITS as follows: � UNI�ORNi �UItTi i�6 For the purpose of this Code, the entire City is hereby declared to be a fire �— district and within the district certain areas shall be designated as the FIRE LIMITS. Whenever reference is made in this Code to any FIRE LIMITS, it shall mean the fire limits created and established by this Chapter. (Ref. 292) FBb.85 � The provisions of Section 16.03 of Chapter 16 of the Uniform Building Code as to 'Items A through C of said Section shall be deleted and nat be a part of this Chapter. (Ref. 292) 286.-86-- 2, Section 16.04 of the Uniform Building Code, Chapter 16 shall be revised and amended 1 to read as follows: Any building or structure complying with the requirements of this Code, may be erected, construrted, m�ved within or into the fire district. (Ref. 292) � . � ' Qrdinance No. � �nding Chapter 206; Building Code 2A6:8�-F��e-�}s��s- 2Q6.05 Fire Limits (Cit!1 of Fridley) =a- 5C There are hereby created and established in the Cifiy of Fridley certain areas FIRE LIMITS designated as the FIRE LIMITS. . CITY OF FRIDLEY a. All areas designated on the City of �rid�ey Zo�ing Map as being classified in Zone C-2, C-2S, CR-2 and P.�. st►�11 be deemed as within the fire limits. b. All occupancies classed as C-2, G 2S, Ci�-2 an� P.D. under Chapter-45- 205 of the City Code shall be deemed as ��t�-in the fire limits when con- structed in either Zones M-1 or M-2 (Ref. 367). �8�.-98- 2Q6.06 Fire Walls a. Buildings not within the fire limits may � allowed an increase of basic FIRE WALLS floor area of up to 33 lJ3 percent. b. TMe total area of multi-story buildings s�aall not exceed ll5 percent of the allowable floor area for a single story �a3?d3ng. No single floor area shall be greater than the amount aiiowed �ar a single story. Basements and cellars need not be included in the basic f7oor area. c. Fire walls or separations shall be locai�d in buildings so that-w��M-the area between exterior walls or between exier-ior walls and fire walls does not exceed the allowable floor areas as sei forth in Table 5G or the limits set forth in Chapter 16. d. Fire walls shall be of non-combustible ca�siruction materials having a rating of at least four hours. They st�a�� have sufficient structural �� strength and stability under firE condit�Dns to a7iow coilapse on either side of the wall without collapse of th� ��i. e. Walls constructed of solid masonry or hollam� masonry sha11 be considered as meeting the above requirements. f. Fire walls shall start at the foundation �nd extend through the raof, except as where the roof is of non-combust�ble construction and such wall is carried tightly to the under side of the roof deck. Where required, wa11s shall Qxtend a minimum of thirty �30) inch�s above the roof to:form " a parapet. g. Where structural members project into �o��w wall masonry, the hollow space shail 'oe filled for a minimum of six ��i) inches above and below the projection. Filler shall be non-cambustible and shall fill tne full thickness of the hollow space. (Ref. 29fi) . 2A6:89-- 206.07 Penalties Any violatiorr of this chapter is a misdemeanor an� �s subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. ADOP7ED BY TNE CI7Y COUNCIL OF THE CITY 0�' FRII3iFY 3NIS DAY OF 1976. MAYOR - WILLIANi J. NEE ATTEST: CISY CLERK - MARVIN C. BRUNSELL � � First Reading: ' Second Reading: �', Publish........ PENALTIES ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, P�INNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLL.OWS: S�CTION 1. Appendix Q of the City Code af Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the • City of Fridley and described as: Lot 17, Block 2, Central View t�lanor Addition, lying in the North Nalf of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as M-1 (light industrial areas). SEC7ION 3. That thP Za^iny Adr�inistrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned Distric� C-1S (local shopping areas) to M-1 (light �ndustrial areas). , s PASSED SY iHE CITY COUNCIL OF THE CTTY OF FRII�LEY THIS DAY OF , 1976. M/�YOR - 4�ILLIAM J. NEE Attest: CITY CLERK - Marvin C. Brunsell Pub1ic Nearing: May 10, 1976 : , Fir'st Reading: Second Reading: Publish........ '. � , 0 � � � � . - �J � �� i �4 � _ �._ � �oz . -^�' "il �?. � � E� : � �� k� : � h2�hiTw� Y v .$�� 44-iaOQL -,�' :%� (D t 46?'�,� t � `' Zonsd �� w� � Con+m�rc�ol � --=--•-------- ��i� � 1�'� f.�.�w+.��".w� � --�r�} L-,r�-..�r�.fi>r �i� ;J t . -� .�^ �t�, I�, v"� ,� ;;�..�✓�/ � �f � � i r r . �' � �� ' �= �"---�-�-�- �`•°:r"'�" �,°`' � ; .� 1. � :r;� �.-i- ' , �� • : ,� ' �' • � nt. pv�. � - r �. ��,�� j 1 c: .r�.,++,r.+�°,�..!�--=�16 _t 1 �� } _ . 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AN ORI)INANCE AUTIIORI7.ING THE ISSUANCE OF BINGO LTCrNSES TO QUALlI�I�D ORGANI'I,ATIONS, i'R�SCRIIiING CONDITIQNS TIiEREI'ORE, AND PROVIDING PGNALTIES FOF� VIOLATIUNS THEREOF; LNACTING CHAPTEK 2R OF 7'iIE I'RIDLEY CITY CODE; ANll ArIENDING CIIAPTER 11, SECTION 1I.10 OF THF �RIllLEY CITY CO�E RELATING TO I'EES. THis CITY COUI3CIL OF THE CITY OF FRTDLEY DOES OP�DAIN : SrL'TION 29.01 r'luthorizaCion to Issue Licenses The cit; is h�r�.'�;� authorized to issue bingo operators lice.nses pursuant to �iii�nesota Statutes llnnotated, C�apter 609. Licenses may be issued to organizations as ciefined by Aiinnesota law in said chapter. SECTION 29.02 License Required No organization shall operate a. bingo game within the City of. Frid1_ey without having issued to it a bingo operators license. . SFCTION 29.03 Appl.icatiori for License An eligible organization shall make application for a bingo operators license on forms provided by the city. No license stiall be issuec� tintil at ].east thirty (30) days aiter the date of said application. A license shall be valid for a period of one (1} year. � SECTION ?.9,04 Li.cense Fee The anntiial license fee and expiration date shal]_ be as provided in Chaptcr 11 of this codE:. S�CTrON 29.05 Additional Re�ulations (If th� council wishes to adopt any additional regu2ations, they should be spellecl aut in one or mare sections of this code.) S�CTION 29.06 Suspensian or Revocatian A bi.ng� operators license issueci tlereunder may be suspended for violat:ion of Ltli.s ordinanc� or ior violation of tlle state statute for a period not exceeding tliirty (30) days. A bingo operators 1i.cense may Ue ��voked for. violation of this ordinance or for vio- lation of ttie state statute; said revocation shall b� after reason- able notice and public ltearing before the city council. . -2- Chapter 11 of, the Fridley Code is hereby amended to read as follows: SECTION 11.10 Fees Add new subjec� of "�inga Operators License". The annual license fee for a bingo oaerators license shal]. be $ per year. The fee may be prorated for per.iods of less than one (1) year. PA�S�n AND ADOPTED BY THE CITY COUNCIL Or T1lE CITY OF FRIDLEY THTS_ DAY Or , 1976. ATTEST: CITY CLERK - P�RVIN C. BRUNSELL MAYOR - WILT�IAM J . NEE � � ' ' ' S , ' , ' ' ' � ' ' ' rIEMt�12ANDUM To: Fridley City Gouncil ' From: Virgil C. iierrick, Fridley City Attorney Re: Bingo Regulation Date : May 17 , 1.9 76 T}ie 1.976 session of the riinnes�ta Legislature adopted a rather detailed bill regulating the conduct of bingo games. A copy of House File 1767 which was adopted is enclosed with this memorandum. If a munici.pal.ity wishes to permit bingo operations, the operation must, at a minimum, meet all of the requirements of the state law. Thc munic_ipality may, in addition to these requirements, adopt mor.e r.estrictive regulati.ons. I believe that it may be reasonably inferred from Section 6, Subdivision 3 of the state law that a munic:ipality may charge the operator of. the bi.ngo game fees, licenses, ancl taxes. • It would appear that if the municipali.ty is to do a conscien- tious job of. enforcin, the state statute, a substantial amount.of time - � will be expended by city personnel. • It would appear that the council stiould answer several questions before adopting a ci.ty ordinance. Among t;hese are: 1. Does the ci.ty wish to permir "qualif-ied organizations" to conduct bingo games wiLhin the Ci.ty of rridley? 2. If. the answer to numbcr. 1 is in the. aff.irmative, does Che city wisL� to adopr. any moi°e restrictive regula- tions than those contained in the state statute'? 3. If games are to be conducteci, it is necessary for the city to require a li.cense. In c�njunction with this, I bel.ieve that the city sl�ould develop a license applica- tion which would r.equire ttle siibmission of necessary ii�formati�n to determine wlietl�er Lhe organization meets the requirements of tt�e state statute. The city will also have to check the reports that are submitted Uy the organization. AC a minimum, the organization must submit the r.eports required in Section ].1, Subdivision 3. in addition, there may be reports required in Section 11, Subdivisiou 1 and the city may wish to require the orsani- r.ation to submit a copy o£ the reports required in Section 11, Subdivision 2. ..J n • —2— 4. The city may wish to require the organization ta license or l.ist the individuals who are to wor�; aC the bingo games. The persons who are eligible to work such games are defined i.n Section 7 of the state statute. 5. The city wi.11 also Y�ave to determine what amount it wi.shes to charge for a bingo license and whether, in addition,, it wishes to charge fees or taxes. VCH:JLH Enclosure 0 ,� � .�� . . �,, � .. . ' � . �' • � .'.. �' l.� N ►+ O �9 u J 4� N .1 • W !J r+ , p b W �.1 P tn P 6• N �+ :i n � 1�+ fn tn In In m ., �1 i�+' In b . � C' o n � o � � t b :1 . � r J � � .� r. pl . .. . �� = �� J t !'� 1 n. r n O :f o . p 2� c� n .r � G 1 7 � et �3 N ►�. �, ' '.. ra t> �v u 1 O _Y r. o n . N:. . (1 fa •t � � r* *- j O 7!n �-t r� i fn O - N � G� � .. �. f'1 [n .",. 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M � c w r- � El� . . � , Y � . . tj � J . .{ � • , • � O , ' � ' s , � � �N . (. . .. � .A M � fD ' . , H . . R . . ' . : . . � p. � � p , . . , . . � • ' •� • • • . � � • • . • � . � . . . ` ' • . . � � - . . � . . . , • • . �� . • • � �' �. . . � . � • . . ' � • , • • . . . ' " . . • �N N• !a. N tJ N N N� . . _ . .. .. __. ._. ___ .. .._.. . ... ._....._- __._.. _ .. . . ' , q wi .h Li .? W N ' �" . . . !• • W O • n' C�.r . . . .�• y O iT C`�., � '-�D . • ' J t-' � .. � ' , . ►+ U N � r � w n N vs ✓ w 17 v ' � a 3- . v .� • ' n u+ n a . o �� r ' ' � a . ' � . . ' II, � � �` ' f'FtEI,I.,iliJf;i;Y S'�.!`.I ' _ 7 , ' _ _, ....... .,.. � � • " � �..,. �.:' . � �: � �� . �.�,, i � �� .'_ � ;� CiTY UF Fi�IU�EY i � . �, . \ �� . i � \ � � .. . , ._ , . : . ,. *t:. -:,;. - . � _ � .. � � � KS • -� � �•�'�-- W �� .' . - " � `( ' ,� \ -- � ,.��'� � �.! P _ ---�`\ �.. � -��ith . _ � _ `,1��R ! -\� . \� j � �- . . . _ : � �, . � ��, -.. . . � � . �--_ pPUL F � � . � _- . � � � . , ; J ,� � \ � .;; � � , � � � ! ?' �1 , 1 r;:'1 � � \+ � . � i � 1� - .. ..,� 'J . � � � � � � , _' : '., :� �i, � ; . � . : � � � �y �' � �� :; t . �;. �'' � �" . . JG`, . � '� '� �i1 ^ "�� J �O � t�. . �r� ' 1�' �� 1\� ! w � O ,1 v �'� Y — _ _ 30 �::.--- -""`._.-_-� � ' \ / , � � � '.� , �� l f� . �; � � � J . GJ �� _ .. ' ` " . � � �' � -__-_, _ _�' C �� 1 �� • , , ` • ; � 5 , � � - ~ • ` � �, P ....-- `, �--'�"� .G� O � � "� �� `� _' _ : . _- _ --,---�� . -.,-,, - , " .,� �� ( �: � j„ ; ii • �, :.-\ /, 1. � tS � •' , ` `. � •� ' . � ,, r . � � : ' �� . � - '\ , . � // ! ! � ' \ ' � , �`f� � • \� � .4�— , ...-. �fa; . � _ �..w_ ! /0-� ^ • _� �,� Y . j , - �;. ! , �._ H.� � '^ �.,; � �5` � . � ��L . • . �; . , � , i- �; � i , ' \ � ' •3 ; , , � ,.: , . . . , � ` � ' I , ' t, �, . `..` � ... _ . �` ! ` j': ,.. ,S _ . .. g , . , 7 � 5 �, � __ '� `' � 1. . . _ . .�. . . ,,.. . . . . . � ~� -�_.. _� .__... �. . _�..� ___.. ..�_._._ ".- : , . . • -.- - —_ _ _ . , � . __._.__.___ s --- --_ _ , . _ _. ._. . , � , i t�� Mn:�� c_ � � ; . , , ' • . W�1Y � � . �"� I� � � � � �� " . Planning Commission Meeting - April 7, 1976 Page 18 was the best way to,fit the units-into the existing landscape. Ne said that he did not favor a 0' setback on a public street because if a small -error t-ras made, a structure cauld encroach into the public right of way, but vrith a 5' setback, there would be enough room so that this shouldn't haPpen. Mr. Harris said that at this time he would like to make a statement to the City Administration, before v�e vote. As t�re are allowing a 31 ft. street in this devel�pment, he felt it was incumb�nt upon the City Engineer- ing Department to treat everybody else in toG�rn equally as fair, and it ��Jas not necessary, therefore, that every frontage street be 36 ft. wide in �he rest of the City. • Mr. Glark said that there v�as a street being built this year that wouldn't be 36 ft. wide. �Mr. Harris said he.objected ta that because he felt it vras arbitrary. i�r. Clark said that as he has said before, it might not be iogical, but there �ti�as logic behind these decisions. he said that h: ��ras ref�rring to the Leif Henrikson plat off of East River Road, arhere there just 4•rasn't room to provi de for a 50' ri ght of ►�tay and a 36' street. f�1r. Harris said that if they were goicig to pave Rivervie��► Terrace and i� was 36' aride, he would have to pay for that. h1r. Clark said �:hat ��ras not necessarily so, because there v�as a Pubiic Hearing before any improvement r�ras ordered in, and if an ertire block said they didn't ��ant a 36' street, it ��rould not be ordered in. Mr. Harris said tha� in the ten year° street plan, H�t�ich must be almost completed, he felt that tl�e attitude was to take it the ��aay it was proposed, regardless of vrhether the people in the area agreed or not. He said . he•felt ��he City, the staff anci the Engineering Department had been arbitrary in the m�ting out oi street widths and assessr�ents, and that it had been unfairly adminisiered. He thoug��t he could find 30,000 people in Fridley who 4vould agree v�ith him. � UPOA� A VOICE V�TE, ALI voting aye, the A10T_TON carr.ied unanimously. � Chairman Narris declared a t�ecess at 10:10..P.f�1. and reconvened the Planning Commission meeting at 10:25 P.M. 3. CONTIL�UED-:�--�-PUQLIC HEARING: CONSIDERATION QF A PRELIh1INARY PLI�T, P.S. rt76-03, LEIGH TFRRACE, (3Y LEIGH I(VVESTh1Ei�TS, INC.: Being a re�lat o.f_Lot 39, Revised �uditor's Subdivision No 77, (excepting parcel 5640), generaily located on tf�e IJest side oi= the intersection of Osborne Road and East River Road.(Same property as the Dorstad P�at t�hicf� «as i�ever recorded. ) Mr. John Doyle, of Leigh Investments, Inc. was present. MOTIO�V by [aahlberg, seconded by Bergman, that the Planni.nq Commission open the PuL1ic Ne3ring on the cons.ideration of a prelimin�ry p1at, F.S. #76-03, Leigh Terrace, by Leigh Investments, Inc. Upon a voice vote, aIl votinq a�e, Chairman Ilarris declared the Pavlic Nearir�g open at 10:26 P.M. Mr. Clark ' for some time. was a plat in � said that Mr. Doyle Ne said that the whici� the lots ►��ere and the staff have worked on this plat original plat th;�t P1r. Doyle submitted served with a cul-dc�-sac off of Talmadge 7A � � � � � � � LJ � � � � ' 7B Planning Cornmission N�eet_ iny - lipril 7, 1976 Paqe 19 - Way, t�lr. Doyle thou�7h� this was a-good plan for his plat because he wouldn't have any through traffic. . Mr. C7ark said the old Dorstad Plat�' joined 75th Way to East River Road, in the.close proximity of Osborne Raad. 1'he developer�didn't feel that this aliynn�ent would induce a quiet neighborhood type atmosphere, but after i:he petitioner I��d discussed the plat with the City, and was informed of the probl em that vroul d ari se i i' thi s al i gnm�nt ��rasn't fol lotiNed , he did brirg in a different plan. This plan has �one back to connecting up 75thl�ay with Osborne Road, about 50 feet Norih of the present center line of Osborne Road, ti•;hich means that the Coim ty or the City would have to bring �his al igi�mer�i: u(� to meet the stre�Z �n �the pla�.. This can be d'one without ti�e purchase of any s�ructures. Mr. Doyle has also dedicated additional land for the t�►icfening o� East River Ro�d. Mr. Clark said the Engineering D�partment gave Mr. Doyle three dii'fer- ent alignm�nts for the connecting street and htr. Doyle chose the align- ment �:h�:t ;.�:s bci ng present.ed at thi s meeti n�. Thi s nl an t�ras perfect� v acceotable to ou�� Engine�ring Dapartn�eni, the excep�;ion being tha�L the center line of Csbor>>e Read s��ould be moved 5 feet to the South, �•rhich Mr. Doyle has ugreed i;o, so �ve would not have to obtain addi�;ion land unnecessarily ac�°oss the strcet. Mi°. Clar4�, said the plat consisted of 11 lots. They all meet oi° exceed �:he 1 ot requi rement of 9, 000 square feei; ,��ri th the excep �i on of the 3 lots Nor�:h o�f Osbor�lp Road. Lot 1 ��rii1 be 7,700 sq�xar.e �eet, and Lo�s 2 and 3��i11 be �,000 sauare -Feet. t�1r. Doyle ��as go�ing to try and ne;o ti �te i�ri �ch the St. Pai;l t�da�;erv!orE;s abo�it bei ng �bl e to use tl�e 40' St. Paul 11'ater��lor{;s e�.semcn� as pa�°t of t;he ioi:. Obvious7y the use of that; purt of i:h� lot tivould be restricted as to ha.vir�g any stri�c �u��es on i t, ot� the p1 anti,�o o�` any 1 arge trees , etc. , bui the use af th� ease;�'�2r�t for yarc(s an� ga►~dens i�roulc� not be pr�oh;bited. If he can i�i;i 1 i ze thi s 1 a.�d, then these 3 l ots v;oul d n�eet or excced the 9,�Q0 sc�u�_re it.. reyuif°ement also. Therc� is so»>e question as to �>rhether the S-t. Paul l�later�vaf�l<s has ice title to tf7is 4U' strip, or i� was jus1; a�� e�zsemer�t. If it �4�as just an easem��it, then it would be Nr. Doyle's land, and ��I�e�,e ��uld be no reason he couldr�'t include it arith the 1ots, L�ec�use he a;ould be the fe� o�;«er. If the St. Paul l��ater��rorks was th� fec� o4•,�r�er, tl�en �'ir. �oyle �vould lil:e to get permission from them to al l o�,� �; f��c=� �;o be put on thi s pr•o�erty, and fl�oi� the street i t w�oul d look as i f ti�e easeinen�t was part of these 1 ots . f�ir. Clarl: sa�id that Talmadge G1�y would probably come up and dog-leg to meet Ost�orne Roaci n�ore or less at a right angle. � Mr, Pe�Lerson asked h�r.-Clark how this plan affected the Qeveloper in tcrms of iots as far as if it were developed accordiny to the cul- d�-.sac plan or 1:he plan presented at this meeting. Mr. Clark said he would have one lot more ��rith this plan. Mr. I'eterson said i;hen they �,�ere not t�rorki ng an eco��o�»i c ha rdshi p on th� devel oper by i ns i sti ng on thi s plan. Mr. Clark said i:h�t if you counted nwnbers, no, but if you could the total value of single f�mily residential 1ots, then �naybe yes. Mr,.'Peterson asked if from the City's standpoint, if it was necessary � � to have this thorou�hfare on the plat. Nir. Clark said th�t he could o»ly respond to ti�hat the Engineering Departrnent had said, and that was that in ' 1 � � � � , i � !__J , � � � � � � � Planning Commission Meeting - April 7, 1976 Page 20 wor`king with the County, they were trying to.eliminate as many streets as pc�ssible coming on to East River Road at uncontroi�ed intersections. This would allo�-r the people in this area to come out to a signalized intersection on East River Road, Mr. Peterson said that because ofi the problems we have heard about on East River Road, he thought this was desirable. Mr. Clark said the County Engineering Department has been confronted with this plan, and they: were in agreement with it. �Mr. A. J. Hogen, 133 75th Way N.E., asked what the v'�idth of the street would be on the p��aposed Osborne Road in this plat. Mr. Clark said the rigtit of way width �•aas 60'. The pavement width ti��ould be between 40' to 46' where they have the center median. It will alioar one lane of traffic coming � in and two lanes of traffic g�ing� out. Mr. Hogen asked if this property aras going to be cleveloped as R-1. f�ir. Clark said that it would be. hir. Doy1e didn't have,any plans to rezone the property as far as he knevr. Judy Beine, 180 Ta7madge I�!ay f�.E., a�ked if 75th lAJay ��:ould be joir�d to this road and �if it ��rould be improved. Mr. Clark thought that when this plat had been approved by Council that Talmudge I�Jay might be upgr�ded, bui then there t-rould be a Public Hearing before any improvements were made. f�1r. Clark said that the (�orth-Sottth por^tion of Talmadge 6Jay was an unimproved street at the presen� time and vras used for trafific bet�,�ecn Talmadge t��ay a�d 75th Way. Mr. Hogen asked if there ��ras anything about s�orm sewers in this plan for 75th Way? ��1r. Clark said thatall� the area in the plat v�i11 drain �o Eas� R�ver Road on the road. h9r. Hogen said �ti�at son�e drainage was all that he t�ranl;ed. 1�1r. Clark said he cou1dn't ansG�Jer that question. �1r. Harris sai� that t�ir. Hogen had a speci�l problem ��lhere he had standing watet° in fi�on�: of his resider�ce, and he v,�as ��'�: thatwas v�hai; he was alluding to. lie said that Mr. Nogen t��anted to know if there was son�e way to drain this �vater throu�h this plat. Mr. Doyie said that he felt there aras a very big problem wi�h this area. He said tf�at on the South side of 75th Way, they ��rere faced with the problem of ttivo water pipes which �vere 72" pipes, which wou�d make it impossible to put any kinci of storm se►�er from tlie South to the North without going prohibitably deep. Then you would have the St. Paul Waterworks t0 f 1 cjllt i t out ��i th, so you t,�ere almos t faced �vi th havi ng surface drainage. . Mr. Clark said that he had misread the question. He thought they were asking if a storm sewer system would be put in. He said that he didn't thinE: the t�lesterly part of 75th 41ay v�ras high enough to drain to East River Road. He said that part of 75th lJay ��aas built to drain ti�at ►�tay, but at some point, and Mr. Nogen would know where that was, it was designed to drain towards the river. There was a lot� swale that was apparently right in front of P�ir. Hogen's property. Mr, Clark said that originally there was a shallow sump constructed on` the St. Paul Water��aorks easemeni., for the wai:er to drain into. ��e. said it may work in the summer time, but he could undeti°stand that during normal winter thawing�, that �he water would stand in the street. He thought the only way t4 remedy the problem was Lo put in a storm sewer conduit which would more than likely have to i,un to the Mississi�pi River. Mr. Nogen said that had already been proposed, but the St. Paul Waterworks would not 7C � V 1 � f`lanning Commission t�eei:in�� April �7, 1976 Page 21 r al'�ow their pro�erty to bc uscd for the water going towards the river. � He said �:hey had blocked this proposal bei'ore, and t.hey probably would again. He said ti�at surnp was in the yard, bu� it d�d not drain any of the � water from the street, because the curb kept it from �oiny ini:o the sump. ' Mr: llogen felt that if they hadn`t put i:hat swale in front of his house, the v�ater �•�ould have drained i:o East River Road. Mr. Clark saici he didn't think the land in i:hat area rtas high enough ta drain to East River Raad � on the surface. He said this raad was dirt for many years, which was sand. The reason there wasn't any wat:er problem then, was because the water just drained into the sand. I�dhen the s�:reet was constructed, it was put 1 in as flat as possible and di°ained as much as poss�iUle toward East River Road. I1: got 1:o tf�� point �t�at to continue that, it would have got above the yards on the North si.de of the stree�;. ' � � � ' � ' � � � � � � Mr. Harris asked ��rl�y they couldn't have crowned the streets so the rest of the ►��ai:er coul d have drai ned to;�urds i:he r�i ver? Mr. C1 ark sai d the corncr that hir, Hogen referred to aras probably tV�ree or four feet highcr tf�an 75�1� 6�ay, and in order for i,�i� �eater tc get to the river it woul d have 1;o r,un to A1 den Way, Rorth o�� Al den l�;ay, around i;he corner to ihe catch basin on Alden Way, a little further to the North. 4lhere Alc�en t��ay �fas goi ng P;orth and turns 41est was another hi l l. He sai d that bet��cen 75tii t�1ay ancl the ca �ch basi n on A1 den l��ay vJas where the hi 11 t�tas 1 oca ced. (�1r. fiogen sai d tha�; 3' hi 11 coul d have been graded dow». Ne sai d that they have l�een pl eadi ng far a di tcl� on the side of the road so the ��ra�er cou?d c+r�-�in into a ditch, j��st to get it off of the s�reet, but they t;�on't giv� i�< to us. He said h�� {�ad dug soi7�e by I�and, just to get the ��,�a�;er out oi� there, b��c the sand rras hard to di g Lecuuse vri;en �i t a:as u��y, i�; ti�Yas j�;st 1 i ke ce�rei�t. h1r. Hogen sai d the ditch �:�:as su�?i,os�d to be �art of tl��e ori�inal plan for this area, but for some reason tl�c� C�ity i��ould not g�i��e i�s this ditchs which ►�as same thinq: he just cou�i dn't understaiid. �'�tr. Cl ari: a�l<ed wh�r� thi s di tch v�as sup��osed to rur� to. tYSr. Hor,.�n said tney just nee �eci trie ditch to Vzold trie ata.ter until it Iiad time to soalc in. �ir. Clark said that this problem could ne�� be solved at this me��:ing. He said that k�� reca11ed that a sump t�tas pu t i n 8 to 10 yea � s ago, and maybe thi s ��ras s i 1 ted i n and wlsn'�l ihure anyn,ot�e. �ir. Harris sa�i.d that rnaybe �1r. Clat,k could check an this to see if �:f�ey couldn't get some of the wa-Ler drained from in front 0�- ti11 S illdl1 � S ilOUSC'. P�M1r. Clark said there was a small house on one of �;he lots in the pi�at. The aligr,ment of t!?e street t,roi�ld make t!�is hou�e the required 35' from the street. The alignm^nt «ould 11�Cl.JJitate the removal of the garage. He said that if the road 4vas puilcd dod-�n to save the garage, there would be another lot that would be i;oo sn}a11 to mai�,e it �easible i;a build on. Mr. Doyle said he had talked to the Engineers of the St. Paul 4Jater- 4�orks concei�ni��g the use of their pro��erty, and tl�ey declined in making any absol ute cor,ment about �vhether i t �ti�aul d be al 1 o��rabl e to use part of �.heir easement or� the three lo1:s adjacent to this easernent. He tivas going to discuss this wii:h i;he Comrnissions, but he did assurc me'that there were many people making use of this easen�ent for green area. Essentially they do object to the placement of 6�lildings or i;rees on this easemen�, because 'these things ��rould have to be renioved if tf►cy had �to come in and work on these lincs, but i:l�ey didn'1; object to grass or a garcien. He said the Cngineer said ttiey wti�e also wo��king with tt7e County and the Ci ty, and he wanted to reserve ai�d comi��ent ur�ti 1 i:hey had i t al l i n one package.�� .�D:--� � I � , ' , � , � � ' !J � ' � � � r Planning Cornmission Meeting - llpril 7, i976 Pa9e 22 Mrs. Wahlberg asked if it would be the developer's responsibility to inform the buyers of these three ]ots that if they were allowed to use this easement as part of their lot, that they couldn't locate any struciures or plant any trees on that portion oi' the lot? f�lr. Doyle said he would pu�: a covenant on those lots, so that the buyers would be aware of the restrictions on this easement. Mr. Clark said that if it was a private covenant, it vrould be part of the abstract. Mr. Langenfeld said he �iould like to have the East River Road Project Committee l004% at this development. Mr. Harris asked Mr. Langenfeld if he thought this vlas going to have a significant impact on East River Road? Mr. Langenfeld said he thought that giving them a chance tfl review this proposal G�;ould be in o►°der. He said that if 1;he Planning Commission recommended approval of this plat at this meeting, then they could reviet�� the recommendaions. Mr. Claa�k said there ��rould still be a hearing on the final piat by the Councii, so there would be time for the Environm°ntal Quality Commission's p�°oject committee to revie�rr the plat, even if it ��ras approved at this meeting. We are ge�:tin� to the time of the year aahen any developer v�as anxicus to get star�ed �n their projects, so this had to be a cons�ideration also. He said that by the time i.he contracts had been let for the sea�rer and t�rater and �he streets, sometimes weel�,s, or even days, get to be quite valuable to the developer. 6�r. Langenfeld said �it wasn't his intention to hold up the app��oval of this plai:, or to delay the deve1'oper. . Mr. Doyle said that this plat t��as the result of very close coordiration between the /ld�ni ni strati ve Staff of �he Ci i;y of Fri dl ey and the County of Anoka, taking into considerat�ion their apparent plans for the improve- ment of East R�iv�r Road, 4'JillCil includ�d the area up to 79tr. This plat a�as the result of those plans. He said thut Osbo��t�e Road ti•rould be bl oci;ed off on I�i s pl at unti 1 the i ntersecti on of East Ri ve7° P.oad and OsbUrne Road fzad been improved, Mr. Bergman asked auout drainage and utility easements on the p1at. h1r. Clark said thai: a11 the necessary easements �vere already included in the plat. Mr. Hlrris asked 1�1r. Doyle if he had considered undergroi�nd utilities? Mr. Do,yle said that I�e ��aould explore the possibility of having underground set�vices, hut it «ould depend upon the existin� area and if Ivorthern States Power Conipany felt they vaet�e practical in this area. h1r. Harris asked if there had been any negotiations by the City or the County to obtain the property thcy ��ou1d nec�d to change the alignment c�f Osborne Road. ,h1r. Clark said he didn't think so. Mr. Clark said OsUorne Road and East River Road were both C�unty roads, so he didn't know who would be nFgotiatii�g �or the purchase of i:he property. Mr. Peterson said that Mr. Doyle has already dedicated land from his plat for the widening of East River Road. Mr. Bergman said he was concerned about the configuration of Osborne �Road in this plat. He said the present location makes Lots 1-3 less than � Lhe 9,000 square ft. code requirement, and due to the extensive changes there t,rould have to be across East River Road to have the Osborne Road meet this extensian, he wondered if it woulcin't be better to have the R d' tiis lat � moved still further South. Mr. Clark said Osborne oa 7n � p . 7E , � . ' � � � ' � �� J � � ' � � Planning Con�mission Meei:ing- Apri1 7, 1976 Paqe 23 then Lot 7 wauld be,unbuildable. Mr. Bergman said there wasn't much land to wark t,�ith. 1rr. Clark said the configuration of Osborne Road �vas not the most desirable because it w�sn't at right anyles, and pulling it up to meet the Ost�orne Itoad oi' this plat will im�rove that situation. He said that as far as h1r. Doyle's .comn�ents on 4rf�eth�r he �rould be able to use the St. Paul ��Jatervrorks easement in this plat physically or on paper, as you drive past this area it 4ri11 look like it was part of the rear yards of these lots. � Mr. Hogen asked i f there ��roul d I�ave to be any more 1 and dedi cated for the wideniry of 75�:h I�lay. Mr. Clark said there was enough of i;he exisi:�iny righL of ��ay to allow the widening of this street. NOTIOr1 by Pcterson, secondeci by Wahlberg, that the Planning Commisszon close the Publ�.c Ilearing on the prel.iminary pla�, P.S. i176-03, Leigh Ter.race, by Leigh Inve..stir.�nLs, .Tnc. UPon a voice vote, a11 voting aye, Chairman Flarris declar��d L-he Public Ilearing closed at 11:10 P.M. MOTIOId b�J Peterson, seco�zded by Be.rgman, that ihe Planninq Commiss� on reconunend to Council approval of a preliminary p:l.at, P.S. #76-03, Leigh Te��z�ce, b?� Leig?z Inv�s�m.ents, Inc., being a replat of L.ot 39, Auditor's Subdivision llo. 7i , exc4j:t_ing Parcel 5640, �enerall� lccated on the We.st side of t3�e intersecion of Osbo.z•r.e IZoad and East River Road, (former porstad P1aiJ � �a.zth tl�e fo�]_o�aing stipulatioris: 1. The al.iqnment_ of Osbarne Road be moved 5' to the Sout_h. 2. Th�zt r..onf.irn�atien be obtaine.d froni t1�e Sr:. Paul Waterwor.ks as to •, tl�� specific use vf the p-roperty, ancl that be reflected in a pr.i�rate covenant io b� ziled with the pZa�. Uporz a voicE� vcf.e, a11 vo�.i_ng aye, the mot�on carried unanimovsly. 4. Pl1BLIC flF�/�RT(+G: REZO�;TP;G R�QU�S�f,_Z0�' ;;`76-01 , JOHie tJ. HRLUPTZOK: �- Rezo,�e � ro,;i C- 1 S � l.oca.l s��a��l�i nc� arcas ). to i'��-1 1 i gnt i ndustrial areas), i_ot 17, 61ock 2, Central Vie��a htanor Addition, to make zo�i'ing consister,t �•,ith adjo�inirg property, generally located just 6dest of 1240 73 1/2 F�venu� N E MOT3'UN b�l Berc�man, ser.ailded Y�� Pctel-ron, tl.iat the Planning--Comrrtission, o�ien th� Public Hear..ing on a J�ezonzng reqvcst, ZOA �i76-01, by Jol�rr N�1up�zo.k. Zlpon a vo..ice vot�, a11 v�ting a�e, C1�a.zrman Ilal�r.ls decl�red the Public llearing vpen at 11:1.1 P.h!. � . _ .. � t�1r, Cla�^k said that this rezoning request t,ras the result of a stTpu�ation of the Planning Conmissio►� on a previous rezonii�y request, ZOA �175-07, to rezone Lot 18. Thi s IJ7 � � n�ake the zoni ng cansi stent ►��i th the adjacertt P�"oP�rtY• 1�?OTION by Wahlberg, ser.andcd by Peter.son, that the Planni�ig Commiss.ion ' clvse the 1'ubl.ic Ilearinc� on a rezon.inq request ,'LOA 1f76-01 , by John lla.lu;�t:zoJ.. Upon � voice vot_e, ��11 voLing a�e, C12,�ixman Ilarris declared the Public ticarilig closcd at 11:12 P.hi. � � MO'lTON by Peterso��, seconded by iaahl.�erg, that thc Planning Comrnission 7F + � RECEIVING THE MINUTES OF THE PLANi�iING COMMISSION MEETING OF MAY 5, 1976 Appeals Commission Meeting of April 27, 1976 A.C. Mattson V.F.W. Robert DeGardner ZOA #76-02 Heather Hills Third Addition 0 0 � � ' � • i FRIDLEY APPE.AIS COMMISSION MEETING APRIL 27, 1976 � MEMBERS PRESENT: Virginia Wahlberg, Alex Barna, Pat Gabel MEMBERS ABSENT: OTHERS PRFSENT: Dick Kemper, Jim Plemel Ron Holden, Building Inspection Officer The meeting was called to order by Chairwoman Wahlberg at ?:3s P•m• MOTION by Mr. Barna, seconded by Mrs. Gabel, iu approve the minutes of the April 13, 1976 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE GUIDELTNES Oti 1�0 FOOT LOTS FROl�i CITY COUI�CIL: Chairwoman Wahlberg stated that in addition to the minutes of �he subcommissians on the !�0 foot ?ats which were distributed at the last Appeals meeting, there is nok* available a list of tentative guidelines �rom the Plannin� Comriission on substandard lots. She explained that the Planning �ommission has passed these gui.delines on to the City Counci2 for their review� and at this p�int the Council has not yet com� up with an affirmati�ve plan. Mr. Holden said that this was discussed at the City Council zneetin� last night, and they concluded the Planning Comr.lission guidelines were good Foints to consider. He added that the Council suggested trey should Ue considered on an i�ndividual basis, �rith review and final approval to be by the Council. Chair- woman Ev'ahlbexg said that all the subcommittees felt the city should go along with building on 1t0' lots, but there were stipulations they ielt should be adhered to. TENTATIVE GUTAELINES FROM THE PLANI3ING COA'iNIISSTON OP1 SUB5TANDARA I,OTS: 1. The Planning Comrnission feels tha� it was consistent with the Comprehensive Housing Plan that sub-stair�dard ].ots should b�; developed in Fridley, but e�ch sub-standard lot should be con- sidered separately*. 2. That there be no variance a:i.lowed from the present ordinance allowing a maximum of 25°� lot covera.ge. (For example, on a 5200 square foot lot� whi�h would require a variance for lot size, only 1,3�� square feet of the lot could be covered by the house and garage.) 3. If there is land available on either side of a suh-standRrd l.ot, every effort sl:ould be made to purchase that lot �t a fair market price by �,he petitioner, so the lot size would be consistent I . �C FRIDLEY APPEA.IS COMMISSION NiEETING OF APRIL 27� 1976 - PAGE 3 $ � SECTION 205.053� ltB, 5b, TO REDUCE THE SETBACK FOR AN ATTACHED GARAGE t�iICH , OPENS ONTO TNE SIDE STRuET OF A CORNER IAT� FROM THE REi�UIRED 25 FEET TO 13 FEET, AND �I � ' � � � � , � � SECTION 205.053, 1�B, Sa, TO REDUCE THE STDE YARD SETBACK FROM THE SIDE STREET OF A CORNER IAT FROi�1 17.5 FEET TO 11 FEET� ALL T4 ALLOTr� THE COIdSTRUCTION OF A HOUSE AND ATTACHED GARAGE 7'0 BE LOCATED ON IA.T l�, BLOCK 3, YI,Yi-10UTH ADDITION, THE SAT�iE BEIiVG Lt800 - 21� STREET N.E. � FRIDL�Y, NIIldNESQTA. (RE�JUEST BY I�iR. DEr;I5 L. VILLE�LA, 7651 CEP�3Ti�AL AVENUE N.E., FRIDLEY� rS�t. 5s�32) � MOTION by I�Irs. Gabe1, seconded by Mr. Barna, to remove this item from the table. Upon a voice vote, all voting aye, the motion carried unani.mously. MOTION by Nirs. Gabel, seconded by Tir. Baxna� to open the mzblic hearing. Upon a voice.vote, all voting a,ye� the motion carried unaninously. Mr. Vill.ella was at the meeting to present his req,uest, and a neighboring 1and owner� P-ir. C. L. Pop� of l�762 2=� Street N.E., Fridley, vras also present. P7r. Villella showed to the Gommission photo�raphs of the lot and �. house plan. Chairwoman ��dahlberg reviewed the reauest item by item, ar�d 3�iz'. Villella said that number 5, to reduce the setback for an attached garabe, �as no longer a request. Chair•�roman 4�.ahlberg said it still fell short of minimura lot size� and in additian to the eleven faot seiback from the lot line there was a ttirelve foot boulevard easement ;ahich the city o�smed. 2�Sr. Popp asked i�ir. Va.11ella if he tTas still over the 25 0 lot coverage, and Mr. Villella replied he could cut the house doT�an to 960 ieet, for a total of 11�00 square feet including the garage. Chairt•.*oman T,dahlberg told. Iir. Villella the maximum he ��ould be allowed kras 1303 sauare feet� and suggested an alternative of building a single-cax garage instead of a double ga.rage. 1�Ir. Barna suggested using a difierent house design; either a.two story ar a story and a half. Chairwoman �r7ahlberg revie�,*ed the guideline which states there be no variance allowed fram the present ordin�.nce of 2�� lot coverage. She said -this Appeared to be very consisent among three subcommissions� the Planning Commission and the City Council. She told rir. Villella that unless he could come up with an alternate�plan which would reduce the coverage, the Commission tiaould not be allowed to approve it. She explained that ��rith iewer lots in the city to build on� there will be p�ople wanting to build on these 1t0' lots, and there was no objection to building on these lots if they meet existing buildi�g codes. i�`irs. Wahlberg said this woald provide scattered mixed housin� throughout the city, which fits i.n with the Comprehensive Housing Plan to encourage lower-cost housing. � Mr. Papp stated he did not want this to be allowed. He felt in with the neighborhood, and also was concerned that a house � street might be a safety hazard. He also Telt his view might � ' it would not blend �hr�t close to the be impaired. �' 8D FRIDLEY APFEAIS COP�Il�'IISSION MEETING OF AYRIL 27 � 1976 - PAGE 4 ' Mr. Villella said that he could make the house 960 square fee� with a one-car � garage, and there should be no problem. Chairwoman �,iahlberg said it was her understanding that the adjacent land owner had no objection to buildi.ng on this property� and Nir. Villella said that was correct. He said he had a new house plan in mind that would be 2Lt' X�0' with a single-car ga.rage, and would be , either a front split or side split. Chairwoman Wahlberg pointed out that he would still require the two side yard � setback variances and the �t0' lot variance. She said that if he �as willing to change the garage entrance from the side street to curve around, thai aariance could be eliminated. � � ' Mr. Barna asked Nir. Popp if he would ha.ve any objections if the house was smaller and he could be assured it wouldn't obstruct his •riew� and Mr. Popp replied he wouldn't if r1r. Villella would change the plans. Chairwoman irJahlber� asked Mr. Holden if he thought the Board should approve the house plan, and he replied that he would recoznmend that the house plan be submitted to the City Council. MOTi0I1 by Mr. Barna, seconded by �Irs. Gabel� to close the public hearing. � Upon a voice vote� all voting aye� the motion carried unanimously. Mrs. Gabel said she didn't think she could object to this since hir. Villella � was t,illing to work with�n the guidelines, and this plan fit into the Compre� hensive Housinb Plan. She also felt it ��ould bring up the value of existing homes. Chairwoman i^Jahlberg said that �n addition to his srill-in�ness to work with the ' 25a coverage, another p�int to be made is that there is really no land available to add to this lot to bring it up to code. ' MOTIQPd b}r Mrs. Ga.be1, second.ed by pir. Barna, to approve the requests for variances 1, 2, 1� and 6, a.n.d deny the requests for variances 3 and 5, noting that the developer has agreed to this. Upon a voice vote� all voting aye, � the motion carried unanimausly. Chairwoman 1��lahlberg thanked �Ir.. Villella for his patience with the city in determining this, and sai.d she would make an effort to help him get on the , Cit.,y Council a�enda for next Y�londay. � Mr. Holden told i�2r. Ville2la that the city wante� to inform him that it may re ' necessary that this 1�0' 1ot and others be charged an additional sewer and water assessment, as these lots were not assessed as buildable sites. 2. A REQUEST FOR A Vl�RIANC� OF THE FRIDLEY CITY CODE AS FOZLOWS; SECTION 205.053, �A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIHED 3S FEET TO 25 FEET, T0 ALLO'rJ THE CONSTtZUCTTON OF A HOUSE AND GAR..AGE TO BE LOCAT� ON LC}T 3, BLOCK l, HEATHr'�Z HILIS 2ND ADDITION� THE SAME BEING 1It11 KERRX CIitCLE N.E.� FRIDLEY, riINNESOTA. (R.EQUEST BY MR. MIKE 0'BANNON� 5298 FILLMORE STREET N.E., FRIDLEY� MINNESOTA 55lt21.) � , � '' ' r �• FR.IDLEY APPEAIS COMMISSION MEETING OF APRII, 27� 1976 - PAGE 5 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. 0'Bannon stepped forward io preserit his proposal. ADMINISTRATNE STAFF REP�RT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053� ZiA� front yard setback of 35 feet. Public.purpose served by this section is to a11ow for off-street paxking � without encroaching on the_public right of way. Also the aesthetic consideration of the neighborhood to reduce the "building line of sight" encroachment into the nei�hbor's front yard. � II I� � ' ' B. STATED HARDStiIP: Because the house is on �;ne first lot of the cul-de-sac it wi].l be located behind the house on I,ot ;�2 to the east, C. ADriINISTRATTVE STAFF REVTE'kl: The actual curbing in this particular cul-de-sac right of way was shifted to the north in order to allow for a buildabZe site on Lot 6 across the street. Staff feels that if the petitioner is at�le to maintain aporoxima.tely the sa�e distance bett�een the curbing and the house setback that they would liave no objection to tr.e variance. Staff recammends that in as much as the lot to the east is undeveloped, a house could b� placed on the nei.ghbori.ng lot which ��ould not restrict the view of the petitioner. MOTION by Mr. Barnas seconded by Mrs. Gabel., to accept the Adriinistrative Report. Upon a vo�ce vote, all voting aye, the motion carried unanimously. Mr. 0'Bannon stated that he was the deve7.oper of the Kerry Circle area, and shot�red the Board a photograph of the lot ax�d a map of the lots on the cul-de-s�.c. He said he was askin�; to move the house up so it �rould be a little rnore in line with the other houses and still pu�c two cars in tne drive�ay. Mr. Barna said he was ' 25 feet from the curb like 35 - ?�0 feet. �� u out to the area toda.y and felt there was approximately to garage. Mr. 0'Bannon sa.id he thought it was more Chairwoman Wahlberg asked if the land sloped away in the back, and Mr. 0'Bannon replied it did not, only about three feAt at the most. She a�ked if the basic reason for moving the house forward was continuity with the rest of the hauses, and Mr. 0'Bannon said it was. MOTION by Mr. Barna, seconded by Mrs. Gabel, to clvse the public hearing. Upon a voice note, ali v�tin� a,ye, the motion carried unanimously. � _Chairwoman Wahlberg asked Mr. Holden if a narmal 35 foot setback would restrict � the neighbor's view. Mr. Holden repZied it would be possib�e for them to set a house back far enough. He stated that in respect to Lot �#6 which had reen imoved in closer, staff felt it could be kept the same distance (house to curb} � � S N MEETING OF APRIL 2? 1976 - PAGE.6 $ F FRIDLEY APPEALS COMMIS I4 � � and felt there really wouldn't be much of a problem in maintaining a site line for both the houses. He said it would be possible to build the house at 35�, � but the back yard would be upset. He added that he thought the request for variance �ras reasonable. ChairFroman Wahlberg asked if when the staff discussed the existing Lot #6 the street circl� was the circumference that was originall,y planned, and Mr. Holden replied that assumin� the survey of the hause to be correct� either -�he street had not shifted as far north as was expected or the radius has changed. Chairwoman jr7ahlberg said that because of the shape of the lot and the aesthetics involved, she felt it wou].d need a variance of some sort. � MOTIOII by Ptr. Barna, seconded by Mrs. Gabel� to �rant the variance as stated. Upon a voice vote, all voting aye, the motion carried unanimousl.y. � 3. A RFCZUFST FOR A V�.PIAi;CE OF THE FRIDLEX CI'.i'Y C^.DE AS k'OT�I,O'JJS: SECTION 205.053, �B, TO REDUCE THE SIDE YARD SETBACK F�OM THE RE�UIRED 10 FEET TO�6 FEET, TO ALLOW THE CO3ISTRUCTIOi�I OF A HOUSE AND GARAGE TO BE LOCATED , OIV LOT ]., BLACK 3, AL ROSE ADDITIOPI, THF, SAt�SE BETNG 6270 RIVERVIEW TERRACE N.E., FRIDLE�.r, MIN'iv'ESO�'A. (REQUEST r�i' MI3,. A. C. h1�TTSON, 189 RIti'ER r:DGE WAY IJ.E., FRIDLFY, I�iINNESOTA 5`5�-�32� �' �� MOTIOid by rir. Barna, seconded by- Mrs. Gabel, to open the public hearing. Upon a voice vote, all voti.ng aye, the motion caxried unanimously. Mr. Mattson approached the Board, along with Mr. and 1YIrs. LeRoy Winner., ovmers of. the lot to the south. ADhSINISTRATIVE STAFF REPORT A. PUBLIG PURPOSE SERVED BY FiEG?UIREMENT: Section ?_05.053, 1.tB, side ,yard setback of 10 feet. Public purpose served by this.section is to mai;�tain a mi�nimum of 20 feet betweFn living areas in adjoining struct�ires and 15 feet between garages �nd living areas in adjoining structures to; 1. Reduce exposure to canflagration of fire between sl;ructures and, 2. To allaw for opsn areas around residential structures to maintain aesthetic�ll,y plea.sing surroundi.ngs. B. STA`!'E HARDSfiIP: Lot is not wide enough for proposed house p].an. � C. ADMINISTRATIVE STAFF REVIE`yd; The surve,y submitted with the proposed house drawn to scale on it shows onl,y 6 feet of clearance to the north lot line and 5 feet of clearance to the south lot l�.ne. The 5 foot setback to the garage is within City Code. The distance from the proposed house to the � . existing garage on adjoining property would be approximately 16 feet. Due to the fact that there is adequate lot ti.*idth and depth, the st3.ff , feels that a house could be designed to fit the side yard setbacks of the City Code. � � MOTION by rir. Barna� seconded by Mrs. Gabe1.� to receive the Administrative Sta.�`f Report. Upon a voice vote, a12 vo�:ing aye� the motion ca.rried unanimously. , �G FRIDI,EY APPEAIS COI�IISSION MEETING OF APRIL 27 � 1976 - PAGE 7 i � � � � Mr. Mattson showed tY�e Commission photographs of the lot, his proposed house plan and the surve,y of the lot. He explained when he bought the property he was told it was 89 feet wide, and learned later that it was 79 feet wide. He said the house he Mranted to build was too big for the lot, so he cut down the size of the gara�;e. He stated he would stzll have the same distance between the two homes that is normall,y between houses, but he still needs a Lt foot variance on one side. He added that he had already sold his home at 189 River Edge Way and had to move into a one-bedroom apartment until his new home was ready. Mrs. Winner stated her concern that light would be cut off from her kitchen window when Mr. Mattson's garage was built. Mr. Mattson explained that his garage would be 5' in front of their gara.ge, so it �ouldn't affect them at al.l; however, looking out to thP street they would see the back of the garage. He explained there would be a storage space under his �arage since diminishing the size ui the garage had elir�tinated room for storage. They had no further objections. Mr. Mattson said he had discovered the lot size when he applied for the �ermit, and didn't want to change the house size as he didn°t know where to cut off u feet. Chaix�roman irlahlberg suggested a dif�erent house plan� but NIr. Mattson explained the reason the,y sold their house and bought this propert,y was because they really wanted this plan. He s aid they had already invested �20,000 in the lot, and a lot of time and effort had gone into designing this house. Iie stated if he couldn't get the variance he •,�ould consider putting a gaxage on.each side of the house. Chairwoman tJahlberg said that the 1ot t�as buildable and a.n,y house could be built on it that meets code' and this plan di.dn't. She said the Commission did not nscessarily make a. habit of approJing variances without the petitioner considering any alternatives. Mr. Barna added that ttiTO side y�.rd setbacks are required; on one side may be a gara.ge and t,he other side must be living space� so rir. Mattson wouldn't be able to build a garage on both sides. He siiggested to Mr. I�fattson that he either cut docm the ga.ra�e or consider another house plan. Chair�*ornan Wahlberg s�cated that the basic idea was t,o aZlow 20 feet between living � are�s in adjoining structures and ].5 feet between �;arages and living axeas in adjoining structures because of fire hazards. She added that her main cencern was the fact that a 79' 1ot is buildable �ai.thout variances, and ther. e are fl.00r � plans that wou�d fit. Mr. 27attson answered that his horne raould be no closer� than those in the rest of Fridley and wouldn't �e a fire hazard because he still had the 16 feef:, and he added that his neighbors didn't object. r , �MOTIO� by Mr. Barna� seconded by Mrs. Gabel�?to close the public hearing. Upon a voice voie, all voting aye, the motion carried unanimously. � � � � Chairwoman Wahlberg stated the Staff Report suggests that perhaps a.� alternate building plan could be drawn which would meet the City Code, however, the petitioner stated he feels he has had thi.s plan for some time and was unaware the lot was actually 10 feet smaller that what he ori�inally thought it to be, and he feels he has a considerahle Amount of money invested in the lot and the plan and would like to build.as proposed. FRIbLEY APPEAIS COMMISSION MEETING OF APRIL 27, 1976 - PAGE•8 g�! Mrs. Gabel said she had two feelings�on the_matter: 1) She didn�t like it because the lot is definitely buildable and there are plans that would fit on this lot, and 2) She stated if she had $20,000 invested in it, had the plan for some time, and ori�inally believed the lot was larger, she would wan�t the right to build, too. Mr. Mattson suggested he build a one-car garage, but Chairwoman 4�Iahlberg said she didn't feel that would be the solution as with that price-range house there should be a double �arage. Chairwoman Wahlberg as�ed Mr. Holden if the staff was awaxe of the amount of �ime the plans had been considered or that the original owner misrepresented the size of the lot when the,y wrote the Administrative Report. Mr. Holden replied that the misrepresented size had been considered, but not the 3raount of time and money that had already been invested in it. p10TI0N by Mr. Barna, seconded b,y ASrs. Gabel� to grant the variance, taking into consideration the placement of the garage. Chairwoman 'r;lahlberg stated that from a philosophical stan�point they had a problam before the Boar� wlzi�h taas difficult to solve� and she appreciated the petitioner's particulax prob].err�s in discovering the lot was less than he anticipated it was. However, she said, this has cor�e up in the past and the Commission has encouraged petitioner.s to go back to the drawin� board and try to meet the code, because it has been written as a protection ior all citizens. She added that since the 1ot would be buildable i•aith any other plan, it is unfortunate the petitioner does not ieel he could change his plans. Upon a voice vote, r4rs. Gabel and r;r. Barna voting a�re, Chairvroman Wahlberg voting nay, the motion c�rried 2- l. Mrs. Wahlberg informed Mr. riat�son that this would now go before the City Council for review on rSay l7th. 4. A REQUEST FOR A VARIANCE OF THE FRIDLEY SIGN QRDINA2ICE A5 FOLLO�TS: SECTION 21lt.OS3, 7, TO REDUCE THE SETBACK FOR A SIGN FROI�, A PROP�,RTY LTNE� FROM THE RE�UIR.ED 10 FEET TO 7 FEET, TO ALLOTr1 THE ER.ECTION OF � FR�E STAIJDING STGV TO BE LOCATED ON LOTS 2 AND 3, BLOCK l, LAriPERTS ADDIiTOIJ� THE SAN� BEING 1C1t0 OSBORNE ROAD i�..E.� rRTDLEY� 2�'fINNESOTA. (REqUEST BY i�RIDLEY V.F.W. POST #363, 10�0 OSBORNi;D ROAD N.E., F'RIALEY, N�1. 55�.32. ) r10TI0N by hir. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Dick Mochinski app�roached the Board as a representative of the V.F.i+l. � , � � ADr1INISTRATNE STAFF REPORT A. PUBLIC PURPOSE SFR�ED BY RE(�UIREMENT: Section 21�.053, ?, "No part of a sign shall be within ten (10) feet of any property line". B. STATED H�lRDSHIP: T3y pushin� sign back the l0 feet� it would,limit parking needed. The existing structure setback limits available room for driveway area width and parking stalls which are required �or the building. FRIDLFY APPEALS COMMISSION MEETING OF APRIL 27� 1976 - PAGE 9 C. ADMINISTRATIVE STAFF REVIEtd: Staff ineasurements show the buildinp; to�be setback 53 feet from the front lot line and !t0 feet from a proposed Iandscape island. This !t0 foot area is needed to supply adequaie parking for the building. If the sign is moved back to the 10 foot setback poznt, a total of possibl,y 1t parking stalls would have to be eliminated to maintt3.in adequate driving w3.dth between the sign and the parking stalls. Buildin� the si�n with the seven (7) foot setback leaves only 2 feet from the brick sign base to the curbing in the parking area. Staff feels that the sign should not be moved back c7.oser to the curb than the two ieet, as this creates a driving hazard. In as much as there are not any similar signs in t,he area and the sign will be setback approximatel,y 18 fpet from the street side curb, staff has no objection to this variance being granted. MOTION by 2•irs. Gabel, seconded by Mr. Barna, to receive the Administrative Staff Report. Upon a voice notes all voting aye, the motion carried Unanimousl,y. Mr. Mochinski stated. he wished to erect a brick wall with aluminum letters saying "V.F.W. Pos�r 363��, which would be iZluminated during certain hours. ChairkToman t�7ahlberg informed �he Board that this was parv oi the up-grading that came through som� time ago. She said that in addition to this sign� on the front of the bliild?ng there is the V.F.�J. sign also. She asked r3r. Mochinski if he fe�t the sign tirou�id be n�one ta dama.ge, especially since th�re was a school nearb,ys and he said that was �rhy the,y chose cast-aluminum letters. rMrs. Gabel. said she t,ronderPd if this advertising was necessary, and Mr. Mochinski said the V.F.W. t,ranted to identif,y Post 363. He said they had a choice of several things, but feZt the bric'�c wall would help clean up the area. He stated he was � trying to keep both the V.F.�r�. and the city happy, and showed the Comr►ission where the green are�s would be on the d�:��ram. � Mr. Barna questianed whai: would be done with the snota that is pil.ed up in back, and Fir. Mochinski said the V.F.W. would pay for snow r�emoval to haul it out. � � � �IOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public nearing. Upon a voice vote, a1.1. voting aye� the motion caxried unanimously. Mrs. Gabel said appeared ta be objection. she was glad they were cleaning up the area, and since this �pleasing sign and conforms to code, she wouldn't have any MOTIO;� by Mr. Barna, seconded by Mrs� Gabel, to grant the variance. Upon a voice vote, all voting aye, the..motion carried unanimously. Chair«aman Wahlberg informed rir. Mochinski that this would now go before the City Council on Ma,Y 1?th. � ��. A REQUF.ST FOR A VARIANCE OF' THE FRID�EY CITY CODE AS FOLLOWS: � SECTl"ON 205.�52, 4B, TO REDUCE THE SIDE YARD SETBACK �'ROM THE REQUIRED 10 FEET TO APPKOXIMATELY 8 FEET (NO SURVEY AVAILABLE AT THIS Tl�IE) TO ALLOW THE ADDITION � �• � _ 0 3 J` . FRIDLEY APPEAIS C4MMISSION MEETING OF APRIL 27� 1976 PAGE 1 � OF A 5ECOND STORY OidTO AN EXISTING NON-CONFORMING STRUCTURE LOCATED ON EAT 5 � AND 6, BIACK 18, FRIDLEY PARK ADDITION� THE SAME BEING !�0 - b2� Z�TAY N.E., FRIDLL'1', 'MINVE:�OTA. (HEQUEST BY AiR. kAYMOND K. HI3MANN� �t0 - 62� WAY N.E. � FRIDLFX� 2�1INNESOTA 55432. ) MOTION by r1r. Barna, seconded b,y Mrs. Gabel, to �pen the public hearing. Upon a voice vote, all voting a;�e, the motion carried unanimousl,y. Mr. Humann approacheri the Board to present his request, and showed them photographs of the house and lot and a survey of the lot. ADI�ITNISTRIITNE STAFF REPORT A. PUBLIC PURP�SE SERVED BY RE!�UIFi.E?ViEPIT5: Section 205.053, �B, side yard setbacic af ten (10) feet. Public purpose served by this section is to mainta3.n a minimum oi 20 feet be�itirr-;eri livii:� areas af ad,jainin� strur.tures and 15 feet between gar.a�;e and living areas of adjoining structures to; 1. �Reduce exposure to conflagration of fire bettreen structures and, 2. To �llow for open areas �,round residentail structures to maintain aesthetically pleasing surroundings. B. STATED HARDS�IIP: Fami15 of 5 needs more room (bedrooms). C. ADISI�dISTRATIVE STAFF REVIE�rTs Staff ineasurements show 22 feet between the house and tre neighbors garage to the east. The house appea.rs to be 8 feet; from the sence z•�nich is asstLm�d as lot line (survey not available at this time). Tn that t}ze neighbor to the east has no objection, staff would recommend granting the variance. T�r. Barna said he questioned why this zr�.s a non�-conforming st�zcture, and t4r. Humann explained because the lot line on one side was 8 feet. NIr. Humann stated he rould have to remove the whole roof section ta do what he Vranted to, �.nd zaould have the c�ormer section to�rards tile frant of the house. He said he would only be expanding up, not ou+.,, and hac� no intention of xu.tting an overhang on the house. He added that he nata had t�ro bedrooms r,,rith three boys, arid one was sleeping i.n. the basement. The upstairs wouZd contain two bedrooms; a 12 X I2' for two of the bo,ys, and a 10 X 18� for the master bedroom. He explained that it �rould look like a t:ao-story house from the front, and would look the sarne in the rear. Chairwoman ��:rahlbarg noted that Bex�net�a Jensen of 3� - 621-� ti�ia.y, N.E. had signed an agreement of approval. MOTION b,y r1r. Barna, seconded b,y Mrs. GRbel, to close the public hearing. Upon a voice vote, all votin� aye, the motion carried unanimousl,y. Mr. Barna stated that there seemed to be enough room between the two houses, and he felt the only problem was the tanknot�rn lot line, but he had no objections. Chairwoman ��Jahlberg said that the new survey seemed to confixm the lot line, �oin� by the fence. r10'rION b�� P�irs. Gahel, � with the understandin�; 'Jpon a voi.ce vote, all , seconded by Mr. Barna� to approve the variance request� that the existing structure be included in the variance. voting aye� the motion carried un�.nimously. � � APPEALS COMMSSSION A�IEETING OF APRIL 27� 1976 - PAGE 11 ��L FRIDI�EY � � � � � , � � � � � ITEh1S FOR DISCUSSION FROI�I TH�" PLANNII�G COr�'•SISSION: Chairwoman Wahlberg informed the members that the Community Development Commiss3on was going to set up a Si�n Ordinance Project Committee� and when the concept first came before the Cor�snission she suggested that a member of the Appeals Commi.ssion should perhaps serve on that oommittee because of the fact that the Board of Appeals has gone through a lot of the sign ordinances in the past year or so. She explair�ed what they intende�. to do was have several citizens serve on the committee along with members from the business communit,y, Chamber of Commerce, League of titizomen Voters, people from the sign companies, etc., to try to get feelings fram various pex'spectives as to what our sign ordinances should be. T4rs. Gabel volunteered to serve on that committee, and Chairwoman ti�lahlberg said she ��ould submit he�` name. Chairwoman .�7ahlberg told the Commission that the Youth Project Committee had been heaxd from again. She sai.d this item Y:ad been tabled, but the Comraittee had gone back and reworked their proposal and Tr�ent before -�he Hur�an Resources Commission ti•rith their iinal Teen Center Proposal. Nrs. 1�^�rahlberg read al.oud the followin� proposal. of the Youth. Project Committee: �JHERF�Ef.S, over �t3% of Fridley's population is under 18y and Z�1I-IEREAS� Fridley does not have a aenter for its youth' a.nd U7HEREI�S� our survc,y shows that most of Fridle,y's yauths want a teen center, We thc members of �Ghe Fridle,y Xouth Project Commi.ttee r�commend that a temporary youth center be established in the Fridley Civic Center. We prefer that it be located in the room presently occupied by the Parks and Recreatian Department. However, if this is not feasible, our second choice is the roorn tha� was formerly occupied by the librarY. This youth center should have a�tempoz�ar,y board oi directoxs consisting � of six regular. m�mbers and ttao ex-o.�ficio meMbers. Regular members shall be appo�nted by the .io1lo��..ng �roup�: �ne b�r the rridle;,T City Council; one by the �'ridle.y Flanning Coramission; one by the Fridley Hu.man F.esources � Commission; and tc�•o by the Fridley Xouth Project Committee. One ex-officio member 5�131�. Y�P. app�inted by the Fridley City Council a.nd one by the Fridley Police Department. , The temporary board of directors should serve for not more than 3� da,ys during which time they �Till write the charter, establish the interim rules for the youth center and facilitate the election for re�ular members to � _ the permanent board. The appointed ex-ofiicio members will also ser�re on the permanent board. ' Adminictratively9 the ,youth center will be under the auspices. and ��ecreation Department who will assi�;n staff to supervise the {;uidelines established by the board of directors. . � �� of the Parks and carry out Chairwoman Wahlberg said the Human Resources Commission approv�d the resolution �nd asked the City throu�h the Planning Commission to �ring the Youth Center under the auspices of tho Parks and Recreation Depaxtment. � � 8 L� � FRTDLEY APPEALS COpSMISSION NiEETING OF APRIL 27� 1976 - PAGE 12 '� Chairwoman UJahlberg said that another item that came up at the end of the Planning Commission meeting was the Goals and pbjectives of the Parks and Recreation Department, which is being called Human Development. She stated there were five goal areas that the city wauld consider� and most of them � were approved in concept but it was felt some of them could be i.ncorporated together. r � � � � � ' � � � � , ' � Mr. Barna stated he would like to discuss the code reouiring garages for new structures. He said he felt the energies required to build the garage and heat it were going against the environmental standards. He suggested a carport could serve the purpose as wel1. . �irs. Gabel said it would be nice for the homes to have more living space, but she felt there would come a time when the oWner would request a variance to build a gara�e sance he might have two cars9 a nee� £or storage spaces ete. Chairwoman '�dahlberp said she did not agree with Mr. Barna's statement because she didn't think most garages were heated, and she sa.id the a.r�ur�ent f.rom an enviran.mental standpozn.t didn't hold because the a.dditional part of the home trould need just as much resource and energ,y. She added that she thought visual pollution ti�rould be created by car�orts because the storage space would be exposed. Ghairwomaz� Wahlberg brougnt to the Board�s ai;tention page 205-10, nurib�rs 3) and Lt) at the top of the pa.�;e in the Cit,y oi Fridle,y� s Zoning Ordinance, and asked Mr. Hol.den if he could have someone clarify the di_fference bet�reen a single family d�relling unit of a split level design and a two story dtaelling unit of split entr,y desi�*n for the next meetin�a I��r. Holden �tzggested �.f' th�re tiJere thxee emtries; split level, split entry and split foyer, it would be easier to categori�ze. Chas.rwoman �rlahlberg said she had heard that some time in the future all the zoning ordinances would be reviewed and updated, and possibly rewriten. ADJOURi�iENT : Chairwoman �:-a�hlberg,acijourned the meeting of the Appeals Commission at 10:�6 p.m. Respectfully submitted, ��.f % ��(� ;•,�, � i(.� Sherri O�Dannell Recording Secretar,y ; m � � CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 5, 1976 CALL TO ORDER: Chairman Harris called the meeting to order at 7:42 P.M. ROLL CA�L: PAGE 1 Members Present: Harris, Shea, Bergman, Wahlberg, Langenfeld, and Peterson, who arrived at the meeting at 8:40 P.M. 0 Members Absent: None � Others Present: Jerrold 6oardman, City Planner APPROVE PLAf,�VING COb11�ITSSION f�IINUTES: APRIL 21, 1976 MoTroN by Langenfeld, seconded by rTahlberg, that the Planning Commission � approve the minutes of the Apri1 23, 1976 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimousl�. 1 � �� RECEIVE EIvVIROPd��iENTAL QUALITY COP�IMISSIOf� WiINUTES: APRIL 20, 1976 Mr. Langenfeld aslced if anyone on the Planning Commission ��tanted clarification of the Environmental Quality Commission minutes of the Ma'r.ch 23, 1976 meeting. He sa�d that the minutes as written didn't really represent ��rhat �!as said about the stand taken by some of the membet°s of the Planning Commission oF� including East River Road in the Critical Area Corricior. t�trs. Wahlberg said that it sounded like she was anti-East River Road, but she v�rould discuss this ��i'th fi�rs. Sporre personally. She was happy to see that.the East River Road Project Committee tivas moving a7ony in the right direction. � Mr. Harris asked Mr. Langenfeld t�hy they had tabled their recommenrlation on Lei,h Terrace? He said it 4�fas his ui�derstanding that this item t��o��ld be handled as quickly as possible so this recoimnendal;ion could go 1;hrough i.he � Planning Coi7nnission to ihe Council for the Public F{eariny by them on f�fa,y lOth. h1r. Langenfeld c�:plaired that he had asked that his Comnrission lool: at this plat just because of their interest in development along East River Road. , There ��as discussion by the members of the Planning Commission that due i;o the new structure of the Planning Commission, they didn't think.any of thn member Commiss�ons should make recommendations directly to the Council. �- � , Mr. Langenfeld brought to the attention of the Planning Commission a motion that �;�as made on pagc G of these minutes. He said the motion a�as "...recommend ta the Planning Commission the adopt��on of Chapter 70 of the�Uniform Guilding Code as �� repl�cement for the present Chapter 21?_, knot�an as the h1ini�i� Ordinance, and that any proposed ordinance be brou�hl; back to the Environmental Quality Connnission prior to being submitted to the City Council for its approval." � Mr.�Boardman said this would be on the next Planning Commission agcnda. 1 , :, � � ' i � � � Plannin� Commission Meetinq May 5, 1976 Page 2 g�� MOTION by Langenfeld, seconded by Wahlberg, that the Planning Commission receive �he minutes of the Apri1 20, 1976 meeting of the Environmental Quality Commission. Upon a voice vote,'a11 voting ay�, the motion carried unanimously. 'Mr. Qoardman said the next item on the agenda should have been to receive Parks & Recreation Commission minutes, but they haven't been completed because the items o^ the agenda of the April 26th meeting were not completed, and they had another meeting on May 3rd to complete their agenda. He sai�d there were items discussed at these meetings that were going to be going to Council, so they should be discussed, but he thought they should wait until Bo� Peterson, the Chairman of the Parks & Recreation Commission arrived for this meeting. MOTION by Bergman, seconded by 5hea, that the Planning Commission delay their�discussion on the items from the Parks & Recre�tion Comm.ission meetings of Apri.i 26th and 1�9ay 3rd until later on in 'the meeting. Upon a voice vote, a11 voting aye, the motion carr.ied unanimously. RECEIVE APPEALS CO��ih1ISSI0N h1IPdUTES: APRIi. 27, 1976 � Mrs. Wahlberg clarified some discussion on a variance request for 141i Kerry Circle. Mr. Mike 0'Bannon, who was in the audience for another item on the ageE�da, said that the statement he made in these minutes was � correct, because he had gone out right after the Appeals Commission and � measured it, and it was 37 fee�; from the curb to the garage, on. the�lot they had been discussing at that �ime. � ' � � L i� � , � � na � !J Mrs. Wahlberg explained what Mr. Ville1la had decided on his reques.t to canstruct a ho�T�e on a 40' lot. Mr. Harris asked if the City Council had come .up vaith any recom�nlendations on 40' 1ots. Mr. Bcardman said that they had discussed this at their workshop meetingon April 2Gth, and basically agreed ti�aith the recommendations of the Pianning Conimission. They said that each lot had to be considered on its oti�m merits. MOTION by Wah.Zbel�g, seconded by Langenfe_Zd, that the Planning Coinmission receive t1�e minutes of the Apri1 27, 1976 Ilppeals Commission meeting. Upon a voice vote, a11 VO�:111CJ �ye, tl�e motion carried uilanimously. PUQLIC HEARING: REZONING RFQUEST, ZOI� #76-02, [3Y ROQERT D. DEGARDNER: Rezone the South 150 -feet, fron� and rear of Lot 9, and the t�Jest 47�feet of the South 120 feet of Lot 10, Auditor's Subdivision No. 88, f�°om R-3A (apartment and multiple dvaellings district), to CR-1 (general office arid limii;ed businesses), the sai,�e being G431 Highway �l65 N.E. Mr. Robert DeGat°dner was present. 1�lOTTON by Wahlberg, seconded by �3ergman, that the Planning Comrnission open the Public Hearing on the rezoning request, ZOlI #7G-02, by Robert D. DeGardner. Upon a voice vote, a11 voting aye, Chairman Iiarris declared the Public Hearing open at 8:05 P.M. Mr. Boardman said that this property �vas just North of the apartments on Hiyhway �f65, and South of the apartments was a ski shop, with a gas station on the corner. Al1 the four corners at Missis�ipI��i and Nighway #65 were residenti�l. Fle said the pt°operty that Mr. UcGardner was making the rezoning request on had been zoned residential (R-1) until 1972, when in was rezoned to I' � Plannin Q Commission Meetin� - May 5, 1976 Page 3 �$� , R-'�A, for apartments. He�said this request for CR-1 zoning, which was for general offices and limited businesses, which lim7ted the occupancy ofi the proposed bui1ding to offices for real estate, lawyers, medic�l,•dental, � optical, clinic�s and apothecary shops, and harmless and inoffensive laboratories � accessory to the permitted uses in the same building.� , � � � ', �. , , r � ' 1• � � � , Mr. Boardman said that he had some serious reservations about the approval of this request. He said that in the first place, it would be spot rezoning. The second concern he had was that this area still had a residential atmosphere, and rezoning this property would set a precedence %or commercial development in this area.. He said there had already been pressure put on people o��ming R-1 property on these four corners to se11 their property for commercial development, and if this rezoning was approved, that pressure would incr.ease. Mr. DeGardner said that he had been looking at this property for about tt�ro years. The reason he wanted to construct a building for offices at this iime tti�as because his ?ea�e ti�tas running out on the office he had leased in Blaine. He said that he had previously tried to rezone his residence in Fridley to con�mercial, because he had his real estate office in his home at that time. He said he could see ��hy that rezoning req;,�est vias turned down, but he felt this ��ezoning request was di-iferent, because this was a perfect site for a commercial building. He said he had outgrown the office facility in tne home he had owned on East River Road, so he had sold this home and noti�r lived in Innshruck. This site urould be very convenient from his present home. He said that he preferred to have his office in Fridley,�rather than B1aine. He said that this property vaas presen�;ly zoned for apartmentis, but you couldn'i; get financing for apartments at this time. Ne presented plans for the building he p1�oposed to build on this 101;> and said this building 4vould enl�arce the area. He said he realized i:here were some other commercial areas in Fridley, but there was no commercial area available .ti�here the � building would blend in as 4ve11. He said he 4vas constructing this same building an 103rd and University Avenue Extension, t�rhich was 30 days from completio�i. Ne invited the Planning Corr,mission and the people from this area to go ou�t and lool< at that building, so they could see what type of construction he was tall:�ing about. He said this buiid�ing in Blaine was built on a flat piece of ground, and th�is building on the site in Fridley �•aould be built as a�•,�all;-out, so it would be even more attractive on this lot. He said the bui 1 di ��g woul d be 100' x 40' , t4vo story, and woul d be al l bri ck ari th a mansard roof. He said tha1; it vrould be at about the same elevation as. tl�e apartments nex�t to th�i s s i te , and ��oul d be a vral k-out i n the rear, the same as the apar�;ment buildings. Ne felt that this proposal would disrupt the neighborhood less than another apartment building, because the occupancy would be limited to a►�rorking day, rather than 24 hours a day that there would be in an apartment building. He said the fact that this building was a��valk out in the rear would make it easyto meet the handicap requirements. He said this was the only bu�ilding site in Fridley -that would really set the building off. Mr.. DeGardner said there would be a six foot cedar fence on three sides of the site. He said tf�is would be what is knotivn as a free standing building, that could be partitioned as the tenants rented space. He said his own com�any would be using about 1/4 of the building which would have 4,000 square feet on each i'loor, a total of 8,000 square feet. He said there was a great need in Frid]•ey for a building for professional people. He had inquiries all the time from people looking for con�n�ercial office space. Mr. DeGardner said that he had built many quality homes in Fridley, and � I�.� Planning Comnission Meeting - May 5, 1976 Page 4 g P ' � � � this commercial building would be the same calibre. Mr. Harris said that he knew that N1r. DeGardner had built some nice homes in his ar�a. Mr. Arnold.Elmquist, 8140 Long Lake Road, said that he owned the three apartment buildings South of the site in question. Ne said that he had a�lways been in favor of this site staying residential, but he was inpressed with the building that Mr. DeGardner was proposing. He said he wauld rather see another apartment building on this site however. . � Mr. QeGardner said t;hat if this property remained zoned R-3A, it would probably sit vacant for another ten years, because there just wasn't financing available for apartment buildings. He said this site ti•1as only large enough for an eleven unit apartment, and the numbers just wouldn't �rork out, as far as for investmeni, purposes. He �aid that if this property was developed as commercial, you can get higher rent for commercial offices, so the numbers would work out. h1r. Elmquist said that he vrould rather see a variance granted to allow a 14 �anit apartment on this site, than to see i� be rezoned to commercial. He said he felt the rent structures t�rould be changing in the near future, so the financing picture tivould change too. • � P1r. Harris asked if this lot �nd proposed building met all the requirements of CR-1 zoninq? Mr. DeGardner said �:here was an.150 foot frontage on this lot and his buildin� would be 100' x 40'. He said the side yards �vould be 15' and 35' on the side of the building next to the apartments. He said i;here ��'ould be a 20' driveway on the 35' side. There would be 28 parking stalls. t�1r. E3oardman said this proposal meets all the zoning requirements. ' Mrs. tJahlberg asked about the access to �;his site and direct access to Night�;ay �65 or would they have to use the do�vn �at the cof�n�r of G3rd. Mr. DeGardner suid they �NOUId service drive. P�1rs. Wahlbe},g said she t�,�as concerned about '� �iorth of l�i gh�,�ray ;t65 at 55 m�i 1 es per hour and 1 ooki ng for She wondered if it would need a rigf}t turn lane? � � ' , , L_� , if it would have service drive be using the people �raveling this building. .,hirs� Euyene Lane, 1132 hiississippi, said they had been approached many times about selling tMeir property, so thai they could rezone it to another use. She asked �ir. Boardman if he had any idea what use theii� praperty «ould be put to, if they sold it. Mr. Goardman said ii: ��rould be hard to say, because that ��rould be up �Lo the person petitioning for rezoning. This ��as one of the concerns he had, that if this rezoning was approved, more pressure would be ' uut on the present o��rner5 of R-1 pt°operty to sell their property so it could be rezoned to another use. Mr. Langenfeld said that he thought the residei�ts in the area aware that sometimes a��ultiple dwelling coulci be more unp1easant area i;i�an this type of ar� office Uuilding. Ne stressed what kind would be alla�aed in tl�is building if it was zoned commercial. should� be in a residential of occupancy Mr. Russell Burris, 1150 Mississippi Street N.E., said that he had lived in this area for 25 years, and if commercial development was coming into this area, he would sell his home, because he w�nted the area i:o stay residential. t�e said that years ago he had been a member of the Qoard of Appeals, and they would never have allo�ved a conunercial venture in a reside►itial neighborl�ood. !{e said he was glad to see that the Planning Commission was concerned about the traffic generated by this proposal. � . Planninq Commissian Meeting - May 5, 1976 Page 5 ' Mr. Peterson arrived a�t the Planning Commission meeting at 8:40 P.M. • � Mrs. Shea said that if the people who wanted to vi�sit this building had to take the service drive, she thought this would eliminate some of the , traffic problems. h1rs. t�ahlbei°g said she felt it could be a situation like � had been created with Wickes and Plywood. People would be traveling 55 miles an� hour on Nigh�,ay #65, drive past this building, and t�en create a traffic hazard tivhen they tried to find the entrance to the building. h1r. DeGardner said that a sign could be placed at the entrance of the service drive, and � he felt that this �rould eliminate a lot of the traffic problem. Mrs. t�Jahlberg said:.that if this building wasn't on such a heavy traveled highway, she .��iCtuldn't be as concerned, about the traffic situation. h1r. Harris asked P1r. Boardman ho�v this area was treated in the Comprehensive Plan. Nir. Boardman said it was recommended that i:his area remain residential. Mr. Bergman said that it was his concern that if this rezoning request - was approved, vre ti-fauld be getting into a situation that coulan`t be stopped, and the area might completely change. He said this spot rezoning could have far-reaching effects. He questioned if the proposed building could be tied into this rezoning ��equest. Mr. Harris said it could be, if it was so stipulated. � t�1rs. R. L. Anderson, this proposed building, area being rezoned from 6428 Dellwood Drive, said she had no objection to or its use, but she would be opposed to mor�e of the R-1. � P1rs. Wahlberg said 1;hat she thought this tivas a very attractive building and that i t shoul d be bui 1 t i n Fri dl ey because i � was som�thi ng our COt�?�11Ut11 ty needs, but she felt tha.t she could nat approve of the rezoning of this particular site, mostly because of the concerns sl�e had with the traffic situation. . � Mr. Langenfeld said that he had to agree with Mr. DeGardner that this proposed building would prol�ubly e��hance the area, but it was still spot rezoning, ��hich was against City policy. h1r. Peterson said I�e did not wisn to make any comment on this proposal. � h1rs. Shea said thai; he'r primary concern was the additional pressures that wo;ild be put on the adjoining property owners to sell their property for rezonii�g. Mr. Bergman said that he agreed with the comments that had been made, but he was very 1111�Y�essed with f�lr. DeGardner's proposed building, and with his. presentation.- Mr. Harris said he also agreed ��ith all the comments. He said that he would like i:o see this �uilding constructed in Fridley, and he 4aould 1 i ke t�1r. DeGardner to be abl e to �vork i n Fridl ey. He sai d tf�at he had done an adsnirable job in making his presentation, and he could understand tl�at Mr. DeGar�dner feli; this was an ideal location for this commercial building, but he felt it wasn't in the best interests of the community to approve rezoning this property from the present R-3A zoning. MOTION by Bergman, seconded b� Wahlberg, that the Planning Conun.ission close �he Puvlic Hearing on rezoning request, ZOA �(76-02, by Robcrt DeG.�rdncr. � Planning Commission Meeting -�May 5, 1976 Paqe 6 $ R � Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Ilearin . closed a� 9;05 P.M. 9 MOTION by Bergman, seconded by Langenfeld, that �he Planning Commission recommend to Council denial of the request for rezoninq, ZOA N7G-02, by Robert D. DeGardner, to rezone the South 250 feet, front and rear, of Lot 9, and th� West 47 feet of the Sout1� Z20 feet of Lot 10, Auditor's Subdivision No. 88, from R-3A (apartment and.multiple dwellings distric.t) to CR-Z (c�eneral office.and limited businesses), the same being 6431 Highway liGS N.E, for the i'ollowing reasons: 1. This would be spot rezoning. 2. If this rezoning request was approved, additional pressar� would be put•on adjoining property owners to rezone their property, and . change the residential character of the area. 3. The add�iioi�al traffic problems created with commerciaZ use in this area . 4. This proposal contrary to our approved Comprehensi ve P1an, and would not be in. the best ini-erests of the conununity. 5. •Because of the objections of the adjoining property owners. Upon a voice vote, Shea, Bergman, Harris, Wahlberg, Langenfeld voting a�e, Peterson nay, the motion carried. Mrs. Wahlberg told Mr. DeGardner that she hoped iie could find another site in Fridley to construct this building, because it would be an asset to'the community and the type of building that Fridley has a need for. Mr. [)eGardner said he thought that he had fiound the perfec�; site fior this - bui 1 di ng. f�9r. Langenfel d sai d�;hat he fe1 t thi s�Aras a good proposal al so, but the Planninc� Com7�ission had to consider tl�e Ci �y as a whole unit, and there could be major problems with the rezoning of this property. Chairman Harris asked the secretary to make sure that ��ir. DeGardner gat a copy of these minutes. PU[3LIC HEARING: COf�SIDFRATIOfJ OF A PRELIr�iI��,!`,RY PLAT, P'.S. �76-04, HE/�TIIER NILLS THIRD ADDIiION, BY ��'�TKE E. 0'[3�',i�i�0id: Qeing a replat of Lot 23, ��uditor's Subdivisor� (�;o. 22, th�L was not already plat�:ed as Heather Hills 2nd Addition, generally located South of Heather Nills Second Addition and lAlest of Rice Creck Estates Second Addition. Mr. Piike 0'Qannon was present. � MO'lION b� 13ercpnan, seconded b� Wa1�lb�rc�, th�t t_he Planninq Commission open the Public Hcaring on a prelimir��r.y p1at, Heatlier f1i1ls T11ird Additi,on, b� Mike E. O`Bannon. Upon a voice voLe, alI voting aye, Chaixman Harris declared tl�e Public Hearing Op@ll at 9:.ZG P.A1. • t�r. 0'Qannon said �hat all the lots would exceed the 9,000 square foot requirement for resident�al lots. F(e said the lots were comparablc�o the lots in the other Heather Hills addition. Thcre was a_50 ft. right of ��ray for the .streets, and the s�:r•eets would be 36' from curb i:o curb. He said he had been working closely �,rith the Engineering Departmeni: on this plat, and everything tivas as it should be. � ^ LJ � � plannin� Commission Meeting - May 5, 1976 Pa�e 7 g.s 7he Planning Commission hadn't seen the plat before the.meeting, so they all checked their half section maps to determine the exact location of the plat. . . Chairman Narris asked if there was anyone in the audience who wished to speak on this plat. There was no response. • MOTION by Langenfeld, seconded by Bergman, that the Planning Commission clase the Public Ilearing on a preliminary p1aL-, Ileather Eii11s Third Acldition, by Mike E. O'Bannon. Upon a voice vote, a11 voting aye, Cl�airman tlarris declared tlle Public Hearing closed at 9:26 P.h1. MOTION by Bergman, secondcd b� Peterson, that the Planning Commission , recommend to Council approval of a preliminary p1at, Hea�her Hi11s Third Addition, by l�like E. O'Bannon, being a replat of Lot 23, Auditor's Subdivision No. 22, that was not already platted as�Fleather Hi11s Secvnd Addiiion, generally ' located South of Iieather Hi11s Second Addition and [aest of Rice Creek Estates Secon� Addi�.ion. UjJUIl a voice vot�, a1Z voiiny aye, i-lie motion carried unan.�.mvus.Zy. �_J � ' ' . Chairman Harris declared a recess at 9:30 P.M. and reconvened the Planning Commission meeting at 9:50 P.M. REVTEI�I OF PARKs & RECREATION COi�1t�1ISSI0�d MEETINGS OF APRIL 26TH AND MAY 3RDs �.976 Mr. Peterson said tf�e reason that the Planning Commission hadn't received the minutes from the April 26th meeting vras because the Parks & Recreation Com�:nission had been requested a�; 9:30 �;o come to the Council workshop ineeting, so'our agenda wasn't completed until May 3, 1976. He said they had discussed with t-he Counc�il recreation in the City of Fr�idley, �he direction they should take on a ne�•J Director for the Par4;s & Recreation Uepai�i:ment, and a proposal by�the Springbrook Nature Center Foundation. Mr. E3oardman said he � get too involved with the d�d make a recommendat�on � . � , ' � � � � didn't knoGV i:f the Planning Commission wanted to nature center, but the Parks & Recreation Commission on the teen center. h1r. Peterson said the Parks & recreation Con�mission voted not to concur wii:h the i°ecom;nendation fl�om the IiE�man Resources Commission, for several reasons. One of the t�easons was that while the young people fe11; that ti�is proposal should be under th� Parks & Recreation, bat they didn't recommend that anyone f�"Ofll the Parks & Recreation Commis�sion should be on the Qoard of Governor's, altl�ougl� that �Nasn't the reason that they didn`t concur with the original proposal. He said �;he Park & Recreation Depari;ment did not have the personnel or budyet to ha�idl e tl�i s proposal . There ��aere several Conuni ssioner's who felt tliis ��rould be dupli�ation of services and there could be potential or duplica�:ion of services in the °Y" moves out to this area. They asked the young group to get in touch �vith the Northeast Y and find out the status of �;heir program and see if a workable sojui:ion could be made with their facil,ity ar�d their irii:ended use. Another reason for their decision was that the Park & Recreation COfil(Il1SS1011 did not feel that the room that was being asked for could be vacated or that the library room should be used for that purpose. Those were thc reasons Nie voted not to accept the recommendation of the Human Resources Commission. � . �- Mr. Boardman said iha� another item that had been before the Parks & Recreation Commissior� was on tax forfeit property. Mr. Peterson said this � � � � L__l ' ' � : � Planninq Commission Meetin� - May.5,. 1976 Paqe 8 was a proposal to red tag some tax forfeit lots to park development so they weren't put on the tax forfeiture sale. He said he couldn't give the.Planning Con�ission all the locations at this time, but there were six or seven parcels of property. He said the Parks & Recreation Commission voted to accept the Springbrook Nature Center as presented, with four more stipulations vrhich were: 1. An additional 10°� (Or �5,400) budgeted for contingency before approval of t�is plan is given. 2. $2,000 for maintenance costs �hat may be reimburse� by the F�undation back to the City, be escrowed before our construction. 3. ThP City should protect itself, under provisions of accepting this or any other plan, from the City having to operate this at the City's expense on a continuing basis. �t. That the Parks & Recreation Director's time under no cireumstances be allocated to Springbraok Nature Center. Mr. Peterson said there ��as also a proposal for a sign, which he noticed was approved at the Council meeting on May 3rd. He said he didn`t agree that the City could put up any type sign they pleased because there t�ras nathing �n the �ign ordinance about c•�vernme!�t signs, but he tiyas o�:tvoted, He said he didn't know if this was a conforming sign or not. Mr. Boardman said that all it says in the sign ordinance was that any sign that the City might v�ant to have had to be approved by the City Gouncil. Mr. Peterson said that it ��as his interp��etation that because�the land in North Park still belonged �o the City, this �Nas the reason the development plans had to be revie�•red by the Parks & Recreation Commission so that any development wouldn'1; be at cross-purposes with ariy plans this Commission or the Planning Commission and Council might have. � ' Mr. Harris said that he felt that action from these meetings should be � delayed until the Planning Commission had the ac�tua1 minutes, because it seemed lii:e this Commission had covered a lot of material a�; these meet�ngs. � Ne said he ti-aas particularly interested in the red tagging of tax forfeitur.e lots. P1r. Board�r�an said he would have the maps for the next m�eting. , Mr. Peterson asked if there were any oth�r questions, because he did have to leave the n7eeting. P�r. Harris said he ►�ras excused, an8 ��1r. Peterson left the rneeting at 10:05 P:�1. � , REVIF��J 3.2 [iEER LICENSE REQUIREP�IENTS t�ir. 6oardman said the City Council had asked the Planning Commission ' to review the 3.2 beer license requirements because they tfiought tt�e requirements were quite weak. He said this ordinance had becn reviewed by most of the member Commission's and there recommendations �•lere in the agenda. There �vas � discussicn on all the co�nmission's recon��endations, but Mr. 6ergman felt that . the faur recoirunendations by ihe Commun,ity Development Commission encompassed � ail of them. P1rs. Wahlberg questioned the feasibility of putting this under � a special use pern�it requirement, but it seemed.to be the consensus of opinion that thi s 4�JOU1 d gi ve the Ci ty more coni:rol al ong a�i th the annual rene��ral of � a beer license. The four recommend��tions from 1;he Com�nunity Development Commission ��ere: Restrict the beer tavern licensing to C-2�or C-2S districts. ' 2. Require a special use permit for additional control. 3. The definition or a tavern include any beer sale operation intendinc� to o�erate over any G day consecui:ive period or more than G days during any 6 month period. and, 4. � Temporary beer sale operation can be allowed only with Council approval. ' h1rs. Shea pointed out to Mr. Boardman how the sexual bias ed language could Planninq Commission Meeting - May 5, 1976 Pa9e 9-- g � b� taken out of�this ordinance. Mr. Narris asked Mr. Boardman to rewrite thP 3.2. beer ordinance requirements into a proposed o�dinance c�an.ge using the recommendations made at this meeting, so the Planning Commission could review this at their next meeting. ' . � RECOMfdENDATIONS ON NUP�N DEVELOPMENT GOALS AND OQJECTIVES Mr. Boardman said these were the same recommendatior�s the Planning Corr�nission had looked at their last meeting. � MOTION by Shea, seconded by Wahlberg, that the Planning Corruaission table their recorrunendation on Human Development Goa1s and Objectives until they have more information. Upon a yoice vote, a.I2 voting aye, the motion carried ' unanimously. ' ;�:. RE-EVALUATION OF STREET LAYOUT NEAR NORTN PARK (PETITION i3-1976 T10TION by Langenfeld, second�.d by �:ergrsan. f1�afi the p1.�nning Cn.�anission receive Petition 8-1976, which was a request for street clarification on Ironf:on Street and Ashton Avenue in the vicinity of 83rd Street. Upon a voice vote, aI1 voting aye, th� motion carried unanzmous.iy. Mr. 6oardman said the City�Council had sert this down to the Planning Com�mi ssion. h70TIOlJ by Langenfeld, seconded by Bergman, that this petitinn (8-I976) be refer_red to the EnvironmelitaZ Quality Conunission and the Community Developmeni- Corrm:ission .for rev.iew before the P1.d1]I]211C� C0111117 2 5 5 1 011 ma;�es their TGCOIRIIlE1'1C�3t-i-021. Upon a voice vote, a11 votix�g aye, the motion carried unanimously. Mr. Harr�is asked t�1r. Boardman to give the mernber Commissions and the Planiiing Coii�mission any other pertinent information that would help them in making a recommendaion on this petition. RDJOlJR��1}iENT: 1�902'ION by Bergmari, seconded by Langenf�ld that the meeting be adjourned. � Upon a voice vote, a1.i voLing aye, Chairman H�rris declared the Planning Comrnission meet�:ng of llay 5, I976 adjour.ned at 10:50 P.M. 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' I :...... :: °� e�� ' j , _ ,.;• '_.. .. > ..' ..: ;: � . . . . , _... ... :� � ; A I' ' ��, � I I, � ... ... ._ . . c... ,.... . 1 N `Iw ; I � ..,; __--__..------------�i ��,<<� �, � � . o, ; � ��I�1 �-_ __ ____ -- _ ___ .._._ -- � - -- -- - � , '...a. e�e ' � � s� �� - o ti � d . � �� . _ p ------_' . i � , , �i � � ' �� ' Fridley Police Civil Serv�ce Commission minutes - May 1� The meeting was called to order at 8:07 p.m. Members present - Jean Schell, Tim Breider, Helen Treuenfels Mr. Jim Hill was prosent as a:n advisor. Motion by Breider to approve minutes of previous meeting P�otion car.rie�. Old business � revision of rules as proposed at meeting of April 6. Section 4 - Examinations •(d) motion to delete section requiring examination of moral character, sobriety, etc. Motion carried. (f) motion to replace entire phrase with "a new competitive exam for each classification within tYie department ��Y 11 be announced at the discretion �f the Commission. Motian carried. � Section 6Eligibility register (b ) I�oti on to replace phrase with � 'tEligibility register shall apply until the next � comp�titive exam." Motion carried. $ectian 8 Probati�nary Period � (c ) Motion to change section on end of prabation to "$oth original and promotional appointments � � � shall automatically b�ecome permanont at the end of �he probationary period unless the appointing authority certifies sometime during that period that the a•pp ointee�s services have been unsatisfactory." Moti on carr ied. � � � � � � � � � � , � , � � � � c2� Section 9 Veteran's ��'reference • Motion to delete bothd a dnd b- rep��;ce with wording as in Richf ield rules "The C ornmi s si on shall c omply Fri. th al l provisions of the 1aw� dealing with and defining veteran's preference." Motion carrie d. Secti�n 13 Transfer and demotion (a ) moti or� to add word "pe rmanent " to "fram one position to another" Motion carried (b) sam� motion -carried motion to add phrase "exceptions may be made in case of special assignments� in which additional it compensat�on is� allocated. motion carried. Section 11� Suspensi�n M�tion to remove words "the Commission" f rom authority to suspend for disciplinary reasons: add "or his designee" after words"appointing authority". Motian carriod.� I�Iotion to dele.te phrase "public safety directo� sha11. have auth�ritf to suspend fp�m duty without pay for �� . a per.iod not exceeding 5 days in a 12'month period. Motien carried. Secti_on 15 Discharge Motion to delete phrase "or a member of the Ct�mmission" mQtion carried. , Section 16 Resignation Matian to delete "....reviow an d acceptance 6y th� Commission.." Motion carried. �� 0 � 1 � �1 �� (3) Section_ 18 Layoff Motion io delete last sentence -"order of layin� off of permanentj� employees ..." Motion carried Sectian 20 Siek Leave Motion to add (b} Complete r�utin@ physical examinations shall be required periodicall y for all members of the department, as determined by the appointing authority. i�otion carried. Discussion of secti�n 21, Service connected injuries - no change rec�mmended. Section �2 Spec,�ial �eave of Absence Motion to include the folloVaing possible reasons for granting leave: Continued eclucation, humanitarian service, or f amily emergency. Motion ca rried Sect.ion 221 Prohibited activities � opinion has not yet been received f rom the city attorney - motion to table until r.ext meeting- motion carried. Section 25 Residen�e Motion �o amand (a ) to read '�Members of � the Degartment ahall live witl-iin 1 hou.r's normal driving distance from the Fra.dley City limit�." Motion carried. � �` � � � ' (b) Moti on to delete - carried. Motion to add section (28) on affirmative action - wording as,in Richfiold rules '�The practice and procedures of the Fridley Po�.ice Civil Service Commission shall comply with the provisions of the City of Fridley�s Affirmative action policy and program." Motion carried. , ,. . � �� ,1 I' � � 1 , r� ,. t40 0 Treuenfe].s repDrted that the city attorney has stated that the langua;�e of the state statute does require that the Commission keep employee files, but does not define te the manner in which they shall be kept. They may be in the city �panager�s off ice as long as Commission members have access. Motion by Breider to-instruct �he secretary to write a: letter t� the city manager requesting that the p�lice departmenc employee files be separated from the remaingm� files, so that the commission might have unlithited access without creating dupl�.cate files. Motion carried. lKr. Hill f�rwarded to t he Cammission an opinion from the city attorney re the authority of the Commission to make rules affecting the departmont. After discussion on the interpretation of the opinion, Breider roquested that the secretary write a memo to Hill stating the desire of the Cammission �o be allowed access to the department, and requesting that Hill devise a process fDr implementation. Breider suggested that the Commission initiate some action on latera3 entry in regar d to the Shefliff's office. He offered to write a position paper outlining px�obl�ms and possible solutions for such a process. �l�he oifer was accepted by the Commission. The next meeting of the Commission wi�l be on Tuesday, Juns 8, at 7 p.m. Officer classif ications will be the topic of discussipn. �� The secretary will po�t meeting notice in the Squad room. Meeting adjournad at 10:30 p.m. ' Respectfully submitted Helen Treuanfels, Sec�y 9C � �- � i, � � i �° � ' 10 � RESOLUTION N0. A RESOLUTION ORDERING IMPROV�EMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT P�OJECT ST. 1976-10 (SEALCOATINGj WHEREAS, the City Council of the City of Fridley has established a policy of sealcoating the City streets on a regular basis; and WHEREAS, the Public Works Director has submitted a plan showing the streets in need of sealcoating, marked a�s Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the streets marked-on the attached map be sealcoated, and the work involved in said improv�ment shall hereafter be designated as: STREET IMPROVEMENT PROJECT. ST. �976-10 2. The plans and specifications prepared by the Public Works Director for such improvement and each of them, pursuant to the Council`action heretofore, a copy of which plans and specifications are hereto attached and made a .� part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET �IMPROVE"!ENT PROJECT ST. 1976-10 shall be performed under one contract. The Publ.ic !dorks Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for �aids upon the making of such improve- ments under�such approved plans and specifica±ions. ihe advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 8:30 �.m. on Monday, the 7th day of June, 1976 in the Council Chambers of the City Hall, and that no bid will be considered unless sealed and fiiled with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five per cent (5%) of the amount of such bid. That the advertisement for bids for SiREET IMPROVEMENT PROJECT ST. 1976-10 shall be substant�ially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH UAY OF MAY, 1976. ATTES7: CITY CLERK - MARVIN C. BRUNSELL MRYOR - WILLIAM J. NEE �� I � • l0A �. .. � s, �\r..,..... � ._ _.�h+--,F.:;.•: �,. �-=- �•. ov rnio�[r w� . . . � � � _ �- ..�..�r�:_ tl.. ; EXHIBIT ��A�� ' ,�. _ �\ , __ ..��: j ..b � --� �� , "' � ST. 1976-10 , ° . ��r _�..:.,,.�a ,�a,,.�.�ve�x�,,. , �, .__. ..:"�:�: � � -.^., —�; _ - \ 4: �^� � ^�r+` A r I; ;:�, M � t =. 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'� 1,-- --� _ �.. � .� _ �t � i= �.; ,� ��.�. .T,,� ,,' { �I 1 `_ � ++ ' i ' ° ` t� EXNIBIT ��B�� 1� � � � i � � N07ICE�TO BIDDERS Sealed bids will be recei:ved and publicly opened by the City of Fridley, Anoka County, Minnesota, at the offic� of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 5543Z (Tel. 571-3450), on the 7th day of June, 1976 at 8:30 a.m., and will be considered by the City Council of the City of Fridley at a regular Council Me�ting at 7:30 p.m. on the 7th day of June, 1976 for the furnishing of .work and�ma.terials for STREET IMPROVEMENT PROJECT ST. 1976-10 (SEALCOATI.NG). The sealcoating project consists of sealcoatiny abcut 2.11 miles of ��treets in different parts af the City and consists of th? following principal items of work and approximate quantities. 36,982 SY FA-2 Aggregate Sealcoat 5,128 SY FA-3 Trap-rock Sealcoat Both'using RC cut-base asphalt RC-800 All in accord�nce with plans and specifications prepared by Richard N. Sobiech, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue Northeast, Fridley, Minnesota 55432. Telephone: 571-3450. Plans and speGifications may be examined at the office of the Public Works Director and copies may be obtained free of charge for the contractor's individual use by applying to the Public Works Director. Bids must be made or� the basis of cash payment for work, and accompanied by a ' , cash deposit, certified check (on a responsible bank in the State of Minnesota), or a bidder's bond and made payable without conditior to the City of FridlFy, Minnesota, in an amount of not �ess than 5% of the total amount of the bid. , , ' i ' , � The City Council reserves the right to reject any and all bids and to waive any informalities ir any bids received without explar.ation. No bid may be withdrawn for a period of thirty (30) days. By orde•r of the City Coun�il of the City of Fridley,Minnesota. Dated this 17th day of May, 1976. Publish: May 26, 1976 June 2, 1976 Richard N. Sobiech, P.E. Public Works Director 0 � RESOLUTIOtJ N0. - 1976 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON � LOTS 6-9, BLOCK 2, ONAWAY ADDITION � 11 WNEREAS, certain special assESSments have been levied with res�pect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as �follows: That the assessments levied against the following described parcels to-wit: Lots 6-9, B1ock 2, Onaway Addition, may and shall be apportioned and divided as follows; Original Parcel Fund Original Amount Lots 6-9, Block 2, . Reg SA Paid Onaway Addition W #34 Paid SW #93 $ 3,611.36 St 1970-4 1,283.20 St 1970-4 51.20 St 1970-4 286.08 St 1973-1 149.76 St 1973-1 792.00 St 1973-2 119.04 Re SS #102 1,328.56 7,621.20 Division of Parcels Approved Lots 6-8, Block 2, Onaway Reg SA $ Paid W #34 Paid � SW #93 2,866.56 St 1970-4 962.40 St 1970-4 19.20 St 1970-4 286.08 St 1973-1 56.16 St 1973-1 594.00 St 1973-2 119004 Re SS #102 996.42 Lot 9, Block Z, Onaway Reg SA Paid 4� #34 Paid SW #93 744.80 St 1970-4 320.80 St 1970-4 32.R0 � St 1973-1 93.60 St 1973-1 198.00 Re SS #102 332.14 . 7,�21,Z0 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1976. ATTEST: MAYOR - WILLIAM J. NEE CITY CLERK - f�larvin C. Brunsell ' 0 CITY OF FRIDLEY t9EMORANDU��I T0: NASIM P�. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM:� MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DiR. SUBJECT: RESOLUTION SPLITTING SPECIAL ASSESSMENTS FOR LOTS 6 THROUGH 9, BLOCK 2, ONAWAY ADDITION DATE: MAY 12, 1976 The splitting of special assessments for the division of Lots 6 through 9, Block 2, Onaway Addition has been requested by Anoka County. MCB :sh ll A -�""�'°�� .. � ME MO TO : FROM: ' SUBJECT: DATE: 0 0 City Manager, N. Qureshi and City Council Gity Assessor, M. J. Herrmann Selling Lots 10 and 11, Block 6- Oak Grove Add. May 10, 1976 �i The two lots mentioned above are each 40' X 129', but do inc7ude the West 1/2 of alley vacated therefore making the combined size 80' X 135'. These lots had been purchased by the City for storm water storage. Since then the Harris Lake Estates storage has been installed �and the water flows into it. Therefore, it is my opinion that we no longer need this parcel of land and would recommend that the City should sell it for a s�ingle family home site. My estimate of value for this parcel is $8,500. The Location is on the east side of Fridley Street about 160' north of�Mississippi. I would like some direction on the possible ways to proceed in selling this property such as advertizing for sealed bids, auction bids or is it legal to advertize at a price and sell to the first qualified buyer with the proper money down? Other suggestions would be appreciated. , � � a` 15� � °` �. , 0 . eP c� ,��.- �. t� E C�l sl ,Q� I ` ..:...: �: ` e�\�� _ _ . �. , � � ��r_� E .fa/B e / � / Z O \ � a S 2: !Q ��e iCreek %�� ; � --- • (zo� pv/�o7' �� ,:' -�' •� 'ic�' � /'� °4 �e � � � � q 1 t �: 1`23nS �6` ��J� � �"�'. 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ESTIMATES FOR CITY GOUNCIL CONS•IDERATION - MAY 17, 1976 ' • � Smith, Juster, Feikema � Suite 1250 � Builders Exchange Building Minneapo�lis, Minnesota 55402 � Services rendered as Prosecutor for April, 1976 $ 1,205.00 by Carl Newquist � Weaver, Talle & Herrick 316 East Main Street � Anoka, Minnesota 55303 Services rendered as City Attorney for April, 1976 � by Virgil Herrick $ 1,551.13 � �� ! i � 1 t � _ �� 1 � � � � _ 1. . i � � ' ' 1 TI��IE RECORD FOR APRIL, 1976 PROSECUTION� GlORK � avel and Time in Court for 1. Preparation, Tr ' 25 Court Cases and 7 Jury Trials. 2. Investigation and Process of Ccmplaints ' including of�ice conferencps, phone can- ferences, correspondence and preparation of 47 formal complaints. � 3. Court and Police Administration. ' TOTAL ' ' e , ' 14 hours 45 minutes . �. 17 hours '��.45 minutes � 00 hours 20 minutes 32 hours 50 minutes . J . 1 DATE � � � �FORWARDED FROM LAST STATEMENT � 5-05-76 For legal services rendered as Prosecutor for the City of Fridley. April, 1976 Retainer. $1,000.�0 ' Secretarial Services. 100.00 Time in excess of 30 hours 105.00 � (2 hours 50 minutes) I' t deciare under p2na�t�es ef !a�v that this a�coi�� :,�:�t� cr t• :-�:a;;^ is ;c�st and cor- rect �„d o� i; ra�. ��ea� p:,id " r � � _ ��- . �I1;1'• "c'. O� (,�f' i� u,ili ��Y SM1TH, JUSTER,.FEIKEMA, HASKVITZ nHO CASSERLY ATTORNEYS AT LAW� ' • . '.1��' ..� »: . ' � ' • 9ALANCE $1,000.00 $1,100.00 $1,205.00 � � 4 g C � � . L 1! � � � . :i . � . . . LAW OFFICE$ . WEAVER, TALLE & HERRICK INVOICE N° 41$ � �FiARLES R. WEAVER )16EASTMAINSTREE? � � � � � HERMAN I.TA�IE � VIRGiL C. HERRICK .. ANOKA,MINNESOTA5:703 � � � 00ERT MUNNS � . 4215413 � ILLIAM K. GOODRICH HOMA5A.GEDDE EFFREY P. HIGKEN � � , Ma.y 11, 1976 � � � CITY OF FRIDLEY .' April Retainer $1,000.00 Cotmcil Meetings 15 3/4 houxs ' Staff Meetings 3 hours Conferences with Staff 3 hours Memos and Legal Research 5 hours . ' Police Civil Service Commission 2 hours � 3/4 hours , District Court - A.J. Chromy vs. Fricll ey 250.00 Preparation of Interrogatories � Meeting with staff and. Comstock Court appearance - Hayden Murphy v. Fridley M 200.00 preparation of affidavit ' Secretarial Allowance " 100.00 : Xerox Copies 1.13 TOTAL . . . . . . . . . . . �$1,55];.13 � VCH ' � ' : � � � - ' LICENSES TO BE APPROVED BY TH� CITY COUNCIL AT THEIR REGULAR MEETING OF ' 15 MAY 17, 1976 GENERFiL CONTRACTOR ' ' • • APPROVED BY M. J. Arndt Construction Co. 2808 5herwood Rpad . Darrel Clark Minneapolis, Mn. 55432 By: Marlan Arndt Com. Dev. Adm. RENEWAL Hussein Associated Contractors, Inc. 11000 Central Avenue N.E. Darrel Clark Blaine, Mn. 55434 By: Kari.m Esmailzadeh Com. Dev. Adm. RENEWAL Ryan's Construction 6389 University Avenue N.E. Darrel Clark Fridley, Mn. 55432 By: Thomas Ryan Com. Dev. Adm. RENEWAL HEATING Alaskan Air Conditioning, Inc. • 1200 Chestnut Avenue North William Sandin Minneapolis, Mn. 554Q3 By: Harold T. Oos Plbg. Htg. Insp. NEW Swenson Heating & Air Cond. 6700 West Broadway William Sandin Minneapolis, Mn. 55428 By: Douglas Swenson Plbg. Htg. Insp. RENEWAL MASONRY Crete-�Vood Construction, Inc. � - 1705 Radisson Road N.E. Darrel,Clark Blaine, Mn. 55434 By: Charles R. Nelson Com. Dev. Adm. RENEWP.L R. W. Soderstrom Company � 5438 Riverview Terrace Daxrel Clark Minneapolis, Mn. 55432 By: Russell Soderstrom Com. Dev. Adm. RENEWAL ROOFING Darrel Lien Roofing 4802 - 104th Avenue N.E. Darrel Clark Circle Pines, Mn. 55014 By: Darrel Lien Com. Dev. Adm. NEW SWIMMING POOLS - PUBLIC River Road East Apartments 6540 East River. Roaci N.E. Steven J. Olson ' Fridley, Mn. 55432 By: Lois Kus�lhorst Environmental Ofc. Rustic Oaks Apartments 1200 - 72nd Avenue N.E. . Steven J. Olson Fridley, Mn. 55432 By: Colleen Moosbrugger Environmental Ofc. 0 PflGE 1 of 12 � '�, �LIST OF LICENSES TO BE APPROVED BY TH�E CITY COUNCIL AT THE MEETING OF MAY 17, 1976 �� ' TYPf OF LICENSE BY APPROVED BY � _.._ �---t — �' CIGARETTE Big Wheel Store Acorn Vending ' James Hill, Public Safety Director � 7451 E. River Rd. � Bob's Produce Ranch R. Schroer James Hill, Public Safety Director 7620 University '' Carter-Day Company G. Kuhl James Hill, Public Safety Director 500 73rd Ave. N.�. � Chamber of Commerce Bldg. l�l. Bonine James liill, Public Safety Director 73rd & University I� ' Country Club Market Country Club Market James Hiii, Public Safety Director 6275 Hwy. b5 ,, Cub J. Hoaly James Hill, Public Safety Director 250 Osborne Rd. 'Datsun W. Bonine James Hill, Public Safety Director 7810 University 'Dave's Champlin D. Peter�on James Hill, Public Safety Director 73rd & Hwy. 6'5 Dealers Manufacturing T. Thompson James Nill,� Public Safety Director ' S130 Main Street Dick's North Star R. Hennessey James Hill, Public Safety Director I ' 4040 Marshall St. Fdina Oil Company Edina Oii Company James Hill, Public Safety Director , 6161 University Fireside Rice Bowl, Inc. G. Wong James HiTI, Pubiic Safety Director ��1160 Fireside Dr. N.E. Freewa Mobile Service Acorn Vendin James Hill, Public Safety Director Y 9 I 5280 Central Ave. N.E. , Fridley Food Market � P. Beecroft James Hill, Public Safety Director 8154 E. River Rd. ' Noliday Service Station N. Potter James Hill, Public Safety Director 5807 University Ave. I' , K. C. Hall R. French � James Hill, Public Safety Director 6381 Hwy. 65 I�Lyttwood Manor Nursing J. Miernik James Hill, Public Safety Director 5400 E. River Rd. ,Moon Plaza Restaurant B, hikra�d James Hi11, Public Safety Director 6215 University 15A FEE 12.00 12.00 24.00 12.00 z4.00 - 12.00 � 12.00 12.00 12.00 12.00 12.00 22.00 12.00 12.00 12.OQ 12.00 12.00 12.00 P�GE 2 of 12 LIST Q� LICENSES TQ BE RPPROVED BY THE CITY COUNCIL AT THE MEETING OF MAY 17. 1976 CONT. TYPE aF LICENSE BY APPROVED BY �--- CIGARETTE CONT. a.5 B � FEE ,Northtown Standard R. Rabe James Hill, Public Safety Director 12.00 7609 University ,PDQ Food Store J. Shelton James Hill, Public Safety Director 12.00 620 Osborne Rd. Penny's Super Market H. Levine ' 6540 University Pollies Place F. Mager � 6225 N.E. Hwy. 65 Poor Richard's Canturbury Pub R. Rich�ard ' 648Z University RAO Manufacturing W. Bonine ,200 Mississippi Rapid Shop Supperette I. Goldberg 6550�E. River Rd. ' Red Owl Food Store S. Noon 6525 University ,Sandee's Inco"rporated W. Nleiss 6490 Central Ave�. '7 Eleven Store 1315 Rice Creek Rd. Shaddrick & Labeau 1315 Rice Creek Rd. 'Shorewood Inn, Inc. 6161 Hwy. 65 Stav's Superette , 6483 University Ave. Swing's Spurette ' 6435 E. River Rd. Sylvania ' 53rd & E. River Rd. Target Food Stores 755 53rd Ave. � Target Stores Div. of Dayton Hudson '', � 755 53rd Ave. Tire City inc. - ' S333 University R. Hall 7 Eleven Stores Advance-Carter W. Nicklow R. Stavanau J. Swingdorf J. Miernik James Hili, Public Safety Director James Nill, Public Safety Director James Hill, Public Safety Director James Hill, Public Safety Director 24.00 12.00 12.00 12.00 James H�11 Publ�c Safety Director 12.00 James Hill, Public Safety Director James Hill, Public Safety Director James Hill, Public Safety Director James Hill, Public Safety Director James Hill, Public Safety Director James Nill, Public Safety Director James Nill Public Safety Director James Hi.11. Public Safety Director S. Swadem James Hill, Public Safety Director Johnathan Stores Inc. J. Blum Tire City Inc. James Nill, Public Safety Director James Hill, Public Safety Director 12.00 12.00 I2.00 12.00 lz.oe 12.00 12.00 12.00 12.00 12.00 12.00 Page 3 of 12 LIST OF LICENSES TO BE TYPE OF LICENSE IGARETTE CONT. Tom Thumb Food Market �i15 Osborne Rd. VFW Post 363 �1.040 Osborne Rd. ■ Western Station �600 University , ' � ' ' � ' - ' ' ' , �. ' ' D BY THE CITY COUNCIL AT THE MEETING QF MAY 17 1976 CON7. 15 C � BY � APPROVED BY FEE Tom Thumb Food Mkt. James Hill, Public Safety Director L. Orton J. Kauppela James Hill, Public Safety Director James Hill, Public Safety Director 12.00 24.00 12.00 � � Page4of12 �LIST OF LICENSES T0 BE APPROVED BY TH!f CITY COUNCIL AT THE MEETING OF MAY 17, 1976 'TYPE OF LICENSE BY APPROVED BY VENDING MACHINES r �AAMCO Transmission R. Kratoska Steve Olson, Health Inspector 940 Osborne Rd. �An-Koz Autobody E. Holmes Steve Olson, Health Inspector 6385 University 'Big Whee1 Store Acorn Vending Steve Olson, Health Inspector 7451 E. Riyer Rd. Bob's Produce Ranch R. Schroer . Steve Olson, Health Fnspector I ' 7620 University R Carter-Day Company G. Kuhl Steve Olson, Health Inspector � 500 73rd Ave. N.E. Chamber of Commerce Bldg. W. Bonine Steve Olson Health Inspector �' 73rd & University Common #2 Concession , P. Brown Steve Olson, Health Inspector � 61st & 7th St. N.E. � Country Club Market Country C1ub Market Steve Olson, Health Inspector 6275 Hwy. 65 �' Cub J. Hoaly Steve Olson, Health Inspector 250 Osborne Rd. Cub Foods Inc. .'.Qatsun W. Bonine Steve Olson, Health Inspector 7810 University ,'Dealers Manufacturing T. Thompson Steve Olson, Health Inspector 5130 Main St. 'Donlyn Mfg. I. Hanson Steve Olson, Health Inspector 7331 Baker St. N.E. I Edina Oil Company Edina Oil Company Steve Olson, Nealth Inspector � 6161 University Foley Saw & Tool Maint. School Foley Mfg. Co. Steve Olson, Health Inspector I, 6235 t;ni vers i ty . . Freeway Mobile Service Acorn Vending Steve Olson, Health Inspector . ' 5280 Central Ave. N.E. . Fridley Parks & Rec. P. Brown Steve Olson, Health Inspector 'Warming Houses Various Locations Holiday Service Station N. Potter Steve Olson Health Inspector , 5807 University Industrial Spray Painting. Indus. Spray Paint. Steve Olson, Health Inspector i ' 200 Ironton St. N.E. 15 D FEE 15.00. 15.00 15.00 30.00 185.00 15.00 No Fee 15.00 30.00 30.00 90.00 15.00 15.00 15.00 40.00 No Fee 15.00 .15.00 --Page 5 of 12 15 E � IST OF LICENSES TO BE APPROVED BY THE CITY COUNCIL AT THE MEETING OF MAY 17, 1976 CONT. TYPE OF LICENSE BY �APPROVED BY �F� �UENDING MACHINES CONT. . �ynwood Manor Nursing J. Miernik ' Steve Olson, Health Inspector 45.00 700 E. River Rd. Moore Lake BeacM Concessions P. Brown Steve Olson, Health Inspector No Fee � �59th & Centra1 Ave. . Northtown Standard R. Rabe Steve Olson',�Health Inspector 60.00 '7609 University Penny's Super Market H. Levine Steve Olson, Health Inspector 25.00 6540 University � �Poor Richard's Canturbury Pub R. Richard Steve Olson, Health Inspector 15:00 6481 University �RAO Manufacturing W. Bonine Steve Olson, Hea1th Inspector 45.OQ 200 Mississippi �Ho11y Center Standard R. Rabe Steve Olson, Health Inspector 15.00 6490 University . �Simer Pump Co. C. Vokaty Steve Olson, Health Inspector 30.00 5960 Main St. N.E. Swing's Spurette 6435 E. River Rd. �Sylvania 53rd & E. River Rd. Tire City Inc. � 5333 University VFW Post 363 �1040 Osborne Rd. White Knight Car Wash � 7300 University A�e. N.E. , ' • J. Swingdbrf J. Miernik Tire City Inc. L. Orton K. Durbin Steve Olson, Health Inspector Steve Olson, Nealth Inspector Steve Olson, Health Inspector Steve Olson, Health Inspector Sieve O1 son; !-leal th Inspector 0 15.00 45.00 15.00 30.00 � 15.00- : =� Page 6 af lz L'IST OF LICENSES TO BE APPROVED BY TN� CITY COUNCIL AT THE MEETING OF MAY I7, 1976 CONT. � TYPE OF LICENSE BY APPROVED 8Y FEE ' GARBAGE & REFUSE COLLECTION � Browning Ferris Industries L. Hoy Steve Olson, Nealth Inspector 90.00 . 9813 Flying CToud Dr. Browning Ferris Ind. �' Eden Prairie, MN 55343 Robert L..Christen Trucking Inc. R. CMristen �3501 Siiver Lake Rd. N.E. Steve Olson, Health Inspectar 30.00 H��ger Transfer, Inc. D. Klatke, Jr. � Steve O1son, Health Inspector ,8550 Zachary Lane Hilger Tr�nsfer, Inc. Maple Grove,MN Jetline Service ' J. Barclayr Steve Olson, Health Inspector I t3817 Xylon Ave. N. Jetline Service � ' Lofgren Sanitation Service H. Lofgren 100 Flanders. St. N.E. inneapolzs, MN 55434 etro Refuse, Inc. J. Butler 837 3rd Ave. S. Metra Refwse Steve Olson, HeaTth Inspecior Steve Olson, Hea]th Inspector �uburban P�ckup Service, Inc. J. Gall�gher Steve Olson, Health Inspector i800 Restwood Rd. Box 156 Suburban Pickup Service Inc. Ci rcl e Pi nE�s , MN 55014 ,l'arco of M�nn:, Inc. D. McGraw Steve Olson, Health Inspector ��'0 Box 210�4 �rt Willman & Son L. Willman Steve Olson, Health Inspector l 28th Ave. N. C€ Solid 4Jaste Management Inc. D. Warden 118 162 Lane N.I�J. . �aTlagher's Service 151 Central Ave. N.E. Dan's Disposal ,09 202nd Ave. N.W. edar, MN. ' , R. Gallagher D. Johnson Steve Olson, Health Inspector Steve Olson, Health Inspector Steve Olson, Health Inspector 30. 00 30.00 30.00 30.00 .� �� 30.00 30.00 30.00 30.00 30,00 ..Page 7 of 12 . ... ... ..........:..: .,.. 15 G 'L T OF LICENSE TO BE APPROVED BY THE CYTY COUNCTL AT THE MEETING 0� MAY 17 1976 CONT. TYPE OF LICENSE BY APPROVED BY FEE . . . — SERVICE STATION � � ' � � Big Wheel Auto Store . W.S. Shelien Robert A].drich,Fire Inspector 30.00 7451 E. River Rd. Darrel Clark, Building Inspector � ' � r Bill's Service W. Sw etin Robert Aldrich,Fire Inspector 30.Q0 F 37D9 Marshall St. Darcel Clark, Building Inspector � Dave's Cham lin D. Peterson Robert Aldrich, Fire Inspector 30.00 P 7298 Hwy. 65 N.E, Darrel Clark, Building Inspector - � Target Stores � 755 53rd Avenue J. Blwn Robert Aldrich, Fire Inspector 30.00 • Darrel Clark, Building Inspector � White Knight Car Wash K. Durbin Robert Aldrich, Fire Inspector 30.00 7300 University Darrel Clark, Building Inspector r . TAVERN � K.C. Hall R. French Ja�aes Hill, Public Safety Director 12,00 6381 Highway 65 � Pollzes Place , 6225 N.E. Hwy. 65 F.L. Mager James Hi11, Public Safety Dzrector 12.00 � Poor Richard's R.M. Rict�ards Ja.,es Hill, Public Safety Director 12,00 6481 University � HOTELS & MOTELS ' SunTiner Motel D.R. ?�art Robert Aldrich, Fire Inspector 9Q,00 � 6881 Hwy 65 ON SALE BEER ! Big Bs Pizza R.L. Johnson Jarues Hill, Public Safety Director 120.00 321 Osborne Rd. � Pollies Place F.L. Mager James Hill, Public Safety Director � 120,00 6225 Hwy. 65 Poor Richards R.M.Richards Ja►�ies Hill, Public Safety Director 120.00 ' 6481 University K.C. Hall M.C, French James Hill, Public Safety Director 120.00 � 6381 Hwy 65 Fridley Fire Dept. R. Aldrich No Fee � SUNDAY ON SALE LIQUOR Shaddrick and Labeau W.E. Kinkel Ja,�es Hill, Pulilic Safety Director 200.00 � Alnerican Legion Post 303 1315 Rice Creek Rd. Fridley VFW Post 363 L.G. Orton James Hill, Public Safety Director 200.00 � i 2040 Osborne Rd. Page 8 .of 12 . � :bIST OF LICENSES TO BE APP70VED BY THE CTTY COUNCrL AT THE MEETiNG 0� MAY 17, 1976 1S N TYPE 4F LICENSE BY APPROVED BY FEE , , CLUB ON SALE LIQUOR . � � Shaddrick and Labeau W,E. I�inkel •James Hill, Public Safety Director 100.00 ; � American Legion Post 303 1315 Rice Creek Rd. '� Fridley VFW Post 363 L.G. Orton James Hill, Public Safety Director 100.00 1040 Osborne Rd. � LIVESTOCK Mrs. Jack Habel Steve Olson, Health Inspector 5.00 6025 Third St. - DarreL Clark, Building Inspector � BEER OFF SALE - '� Country Club Market H.P.Rehauve James Hill, Public Safety Director 15.00 6275 Hwy 65 N.E. � Cub J.W. Hooley Ja«�es Hi11,,Public Safety Director 15.00 250 Osborne . � PDQ Foad Store J.D. Shelton James Hill, Public Safety Director 15.00 620 Osborne Rd, � Penny"s Super Market M.Levine James Hill, Public Safety Director 15,00 6540 University Rapid Shop Superette J.P.Goedy James Hill, Public Safety Director 15.00 �, 6550 E, R�ver Rd Target rood Store S.A.S�aaden James Hill, Public Safety Director 15.00 � 755 53rd Avenue FOOD ESTABLISHMENT � Big B"S Pizza R.L. Johnson Steve Olson, Health Inspector 25.00 317 Osborne Rd. � Bobby G"S R.Gorrell Steve Olson, Health Inspector 25.00 240 Misszssippi , Brothens, Inc. M�', Brothen Steve Olson, Health Inspector 25.00 5701 Commerce Lane . ' Burger King J.E, Lynn Steve Olson, Health Inspector 25.00 63I0 University ,' � Central Embers Stev e Olson, Health Inspector 25.00 5400 Central Avenue Chuck"S Choice Meats C.Klein . Steve Olson, Health Inspector 25,00 � 620 Osborne Rd. . Country Kitchen • N.A. Funaro Steve Olson, Health Inspector 25.00 � 280 57th Place • . . _ _ -- age 9 of 12 : 15 j � � . ..... . .................................................... i LIST-OF LiCENSES TO BE APPROVED BY THE CITY COUNCiL AT THE MEETING OF MAY 17, 1976 . TYPE OF LICENSE .$Y APPROVED BY FEE �� FOOD ESTABLISfII�IENT , I, Dave"s Champlin D.Peterson Steve Olson, Health Inapector 25.00 73rd and Hwy 65 I� Fireside Rice Bowl G.F. Wong Steve Olson, Health Inspector 25.00 1160 Fireside Dr. Fridley Food Market P. Beeczoft Steve Olson, Health Inspector 25.00 � 8154 E. Riv er Rd . George"s Lounge A. Nicklow. Steve Olson, Health Inspector 25,00 �3720 E. River Rd. � � ' K.C. Hall R. French Steve Olson, Health Inspector 25.00 , � 6381 Hioh:�aay 65 ' � Lindquist Gake J. Lindquist 25.00 � 5247 Central Avenue McGlynn Bakeries • N. Berglund Steve Olson, Health Inspector 25.00 � 755 53rd Av enue � � � Menard Cahsway Lumber Steve Olson, Health Inspector 25.00 , � 5351 Central Avenue Moon Plaza Rest. B. Nikrad Steve Olson, Health Inspector 25.00 6215 University I�• Mr. Steak R.Schachtschneider Steve Olson, Health Inspector 25.00 5895 University � � pan O Gold Thrift J: Zi�nmer�an Steve Olson, Health Inspector 25.00 7365 E. Rlver Rd. Pappy"s Foods J.F. Woods Steve Olson, Health Inspector 25.00 i , 7879 Beech.St. � PDQ Food Store J.D. Shelton Steve Olson, Health Tnspector 25.00 G20 Osborne Rd. i� Pic A Pop D. Bauman Steve Olson, Health Inspector 25.00 6249 Central Avenue Pollies Place F.L. Mager Steve Olson, Health Inspector 25.00 i� 6225 N.E, Hwy 65 Rapid Shop Superette I,P. Goldberg Steve Olson, Health Inspector 25.00 ' � 6550 E, River Rd Red Owl Food Store S.V. Noon Steve Olson, Health•Inspector 25.J0 ' 6525 University � � Sandee"s Inc W.F. Weiss Steve Olson, Health Inspector 25.00 6490•Central Avenue ' i , Page 10 of 12 . .... ....... ......... 15 J LIST OF LICENSES TO BE APPROVED� BY THE CITY COUNCIL AT THE MEE�ING 0� MAY 17, 1476 TYPE OF LICENSE . BY APPROVED BY FEE ' FOOD ESTABLISHMENT I�, 7 Eleven Store R.J. Sa11 Steve Olson, Heulth Inspector 25.00 1315 Rice Creek Rd � � Shaddrick and Labeau W. Kinkel Stev e Olson, Health Inspector 25,00 Anerican Legion Post 303 1325 Rice Creek Rd � � Shorewood Inn W, A. Nicklow Steve Olson, Health Inspector 25.00 6161 Hwy 65 � Snyders Drug Store R.D. Uphoff Steve�0lson, Health Inspector 25.00 6582 University . � Stav!'s Superer_r.e R. P. .Stavanau Steve Olson, Health Inspector 25.00. - 6483 University , Target Food Stores S, Swaden Steve Olson, Health Inspector 25.00 . 755 53rd Av enue Targef Stores Joe $luvn Steve Olson, Health Inspector 25,00 � Dayton Hudson 755 53rd Avenue � Tire Cit R. Wede11 Steve Olson Health Ins ector 25.00 Y � P 5333 University . ' Tom Thumb Foods Steve Olson, Health Inspector 25.00 31� Osborne Rd. , Totino"s Finer Foods L.R. Bogen Steve Olson, Health Inspector 25,00 7350 Coulmerce Rd . � Town Crier Pancake House C.J. Vargo Steve Olson, Health Inspector 25.00 7730 University � Mpls. 100 Twin Drive In E. Day Steve �lson, Health Inspector 25,00 5600 Central Avenue 1 Zapata"s R. Shelton Steve Olson, Health Inspector 25,00 5905 Univ ersity , Bob"s Produce Ranch R. Schroer Steve Olson, Health Inspector 25,00 � 7620 University Common ��2 J. Wyatt Steve Olson, Health Inspector NO Fee 61st and 7th St. Country Club Market J. P. Reheune Steve Olson, Health Inspector 25.00 6275 Hwy 65 � ub n ealth ns ector 2S 00 4 . J.A, Haoly Steve Olso , H I p . 2�0 Osborne Rd. � � Page .1.1 of l,2 . i5 � . .. . . ��S�-OF�LICENSES TO BE APPROVED BY THE CiTY COUNCIL AT THE MEETiNG OF MAY 17, 1976 ,� TYPE OF LICENSE ��BY APPROVED BY � FEE FOOD ESTABLISHMENT ' , , Edina Oil'Company M.E.Thorps Steve Olson, Health Inspector 25.OQ 6161 University I� Holiday Service Station Nancy L. Patten Steve 02son, Hea2th Inspector 25,00 5$07 University ' Moore Lake Beach J. Wyatt Steve Olson, Health Inspector NO Fee 59th and Central � penny"s Super Market Steve Olson, Health Inspector 25.00 6540 University �! Poor Richards R. M. Richards Steve Olson, Health Inspector 25.Q0 6481 Univ.ersity Swing"s Spurette J. �'wingdorf Steve Olson, Health Inspector 25,00 - ' 6485 E. River Rd. VFW Post 363 � L.G. Orton� Steve Olson, Health Inspector 25,00 � 1040 Osborne Rd. Western Store Station J.L. Kauppila Steve Olson, HeaZth Inspector 25.00 , 7600 Unieersity Ron"s zce Company R.L. Holu,u Steve Olson, Health Inspector 25,0� 7/+O8 Central � FOOD VEHICLE , Ron"s Ice Company R. L. Holu�❑ Steve Olson, Health Inspector 60.00 7408 Cental � Bonine Vending 125 Riversedge Way W. Bonine Steve Olson,`Health Inspector 50.00 ' George Hanson G.A. Hanson Steve Olson, Hea?th Inspector 50 00 1476 Onandago St. � IGE MACHINFS Fridley Food Market P. Beecroft Steve Olson, Health Inspector 15.00 � 8154 E, River Rd. Iloliday Service Station N.L. Patten Steve Olson, Health Inspector . 15 00 � 5807 University - K.C. Hall R. French Steve Olson, Health,Inspector 15.00 6381 tiwy 65 � Menard Cashway L��ber _ Steve Olson, Health Inspector 15 00 5351 Central Avenue . � Poor Richards R.M. R�.chards Steve Olson, Health Inspector 15.00 6481 Uni�ersitq _. Page 12 of 12 � ; � . ......._ ........................... LTST OF LTCENSES TO BE APPROVED BY THE CITY COUNCiL AT THE MEETING OF MAY 17,��i9�'6. 15 L � TYPE OF �ICENSE . � BY . APPROVED BY FEE ' ICE MACHINE Rapid Shop Superette I.P. Goldberg Steve Olson, Health Inspector 15 00 6550 E. River Rd. � Ron"s Ice Company R. L. Holu�n Steve Olson, Health Inspector 15.00 7408 Central � 7 Eleven Store R. J. Sall Steve Olson, health Inspector 15 00 1315 Rice Creek Rd. � Swing"s Spurette J. Swingdorf Steve Olson, Health Inspector 15 OQ 6485 E. River Rd. , Mpls. 100 Twin Brive In E. Day Steve O1son, Health Inspect�or 30.00 5600 Central Avenue , Tom Thumb Food Market Steve Olson, Health Inspector 15.00 : 315 Osborne Rd. � �. r . � r � l .: 1 . ;- � - �� I 1 �� 1 0 15 r� � J � q� � • � CITY OF FRIDLEY M E M O R A N D U M T0: NASIM M. QURESHI , CITY t�IANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: REQUEST FOR 3.2 BEER LICENSE BY FRIDLEY FIRE DEPARTMENT DATE: MAY 13, 1976 The Fridley Fire Relief Association has requested a 3.2 Beer License for June 11, 12 and 13. Section 602.12 of the City Code does p rovi de for the i ss uance of a temporary 3.2 1 i cense to non-profit organizations for a period not to exceed 72 hours. � This section of the City Code provides that the license may be issued without a fee being charged. MCB:sh 0 FRIDLEY FIREFIGHTERS [tELIEF ASSOCIATION � Fridley, Minnesota May Z3, •2976 Honorable Mayor and City Council M�. Nasim Qureshi, City_Manager Gentlemen: The Relief Association of the Fridley rire Department is sponsoring a softball tournament at Fridley Commons Park on June 11, 12 and 13, 1976. I have been asked by the committee to request the issuance of a license to sell 3.2 beer as part of this tournament. It is also the intention of the Association to provide insurance portection ur�der the State Dram Shop statute as well as an adequate amount of public liability insurance. Your favorable consideratien of this request would be appreciated. � Thank you for your cooperation. Very truly yours, � r f ��//��:�--2�� v-- ` � �� R bert D. Aldrich, President 1tDA: el � � �� " 15 r� . � -, . �.08. Transtor , ' enses granted pursuaM to this chanter are not transferabfc irom one holder to anoiher and in case ot change wnership ot the premises on which license has Geen granted to sell non-intoxicatinc� malt liquors. the new ner must obtain a new license under the provisions oi this chapter. ,No license may be transferred to another piace without Council approval. • II �.09. Mspection I The premises named in any license shaN at aN times be open for inspection and examination by any policeman �the Nealth Authority of the City. 602.10. li ou rs �he ptaces licensed to seli such non-intoxicating mait liquors, no sale of non-intoxicating malt liquor shall be de between the hours of one a.m. and eigF�t a.m. on any weekday Monday through Saturday inclusive. Neither sfiall any sale of such liquor be made on any Sunday between the hours ot one a.m. and twelve o'clock �n, nor between the hours of one a.m. and eight o'ciock p.m. on the day of any statewide election. (Ref. 501) 602.111. Revocation � �license granted hereunder may be suspended by the Council without notice to the grantee or a hearing may eld by the Counc.il and revocation made for cause. Any violation of any provision or condition of this chapter or any falsification of any statemeni in the application shall be grounds for revocation. No portion of the license �f paid into the City Treasury shall be returned upon revocation. .t12. Prohibiiion Lav.� Violafion �iicense of any person who shall be found guilty of any violation of the prohibition �aw, whether the offense ommitted on the pre,��ises named in his license, or else�vhere, and the license of any person who shall have, keep, selt, manufacture or possess inioxicating liquor at or upon the premises name din his license, contrary to said prohibition law, shall be revoked by the Council. � �.12 Won-Frofii Organizations U on tivriiten application by a non-profii orgznization, said application stating the name of ihe organization, its �stered office within the Staie of Minnesota, ihe names and addresses of its principle of(icers and the cripiion of the location and activity to be sponsoreci by said organization, the City.Council may grant on and oTi sale licenses, without fee, (or a pe�iod not to ezceed 72 hours duration. The provisions of chapter 8i, as licable, shall be observed by said non-profi: organizations. (Ref. 463) � 602.i3. Penalties '�violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under provisions oi Chapter 901 of this Code. � , � �� , , � � i . 15 0 602.13 � Transler Inspection Itours Revocation Prohibition Law Violation Non-Proiit Orc�anizations Penalties 602-2 � � APPOINTMENT FOR CITY COUNCIL APPROVAL - MAY 17, 1976 NAME � Elaine J. Tibbetts 18550 Cedar Drive N.W. Cedar, Minnesota 55011 POSITION Clerk Typist City P�tanagement Qepartment (Grade 5) SALARY $595 per Month EFFECTIVE DATE May 10 , 1976 REPLACES Helen Fagin l6 � ♦ T0: City Council FROM: Mark 5cott, Chairperson, Fridley Cab1e Commission DATE: May 11, 1976 RE: CABLE SEMINAR The Cab1e Con�mission requests funds for two people �o attend the Cable Seminar being he1d in Atlanta on June 3 and 4. The seminar is being sponsored by The Cable Television Information Center. Funds would be used for registration fees, accommodations, travel and expenses. Registration fees are $75.00 per person. Travel fees are $180.00 per person (round trip). The Commission would prefer to have a Commission member and the City Representative to the Commission represent the City at the referenced seminar. Topics at the seminar will include: 1. 2. 3. 4. 5. 6. 7. $. 1977 FCC FRANCHISE REQUIREMENTS SUGGESTED FRANCHISE PROVISIONS NEW FCC RULINGS--THEIR EFFECT ON YOU SUBSCRI6ER RATE REGULATION SATELLITES AND PAY CABLE LINE EXTENSION POLICIES MUNICIPAL PROGRAMP�{ING CONGRESSIONAL RND WHITE HOUSE REGULATORY INITIATIVES The Commission feels this seminar will give additional back- ground and will expand our knowledge of Cable developm�nts in our recommendations to the City Council and in our "every- day" dealings with General Television, Inc. ht Sincerely, r�/ '%� �'�� < 'f� Mar Scott Chairperson 0 ' , • ��/ �� T.�; �'t�-��'�I i,, � M1.t�.;i= �,�-�t +�� 1; � � • y� ' • �ltX.4 �'J � �Y�G.i��L i � � �' � � • MOKA COUNTY G431 UNIVERSITY AVENUE NE �RiD[.EY, MINNC-SO7A 5;432 T0: Mayor Will:iam Nee, c/o City I�ana�;er 1'ROM: t'tark Sco�t�t, Chairperson - Cl'�tV Comma_�s:ion AATE: �ecember 16, 1975 SUBJECT : I:F.QUEST TG ENCU'`iP.ER �'LJl1llS FOJ: 197 6 13U1�?GET The �r.idley Cable �c».�mi.ssi�n �aould like ta encumbYr lunds ' from the C'or:�missian.`� 1�'1S budget �_or -t_h� 197G b��gc'[." The Commission; at tli�.s time, is w�rkin�; on a`�s annua:t. - - repor.-t �ta �he citizens �f rric:7.ey. `I'}�ic� Co;nm.�ssior� is .� requ:i.red by �l��e oz�d�_nance to �x�alce �t least sPmi_•-anr�ual. re��arts to �-�esident ; of the City . To ass:ist �t.l��e Comm:i.s- sio� in its r3po��Ls and c�ea:lin�s w�th, �t_r�e cable comp��ny, �the Comm:i.ss�on ��.��ns to do a sux�v�y. 'rhe cos�t of �i�]Zese ' two pro�ec�:s is es�1_)I1c3.tC.'� at ,$2,QOU. '. ' , � ' ' . I ' ' Since the Ci�ly is now invo�ived in a lega.l revie�a of �Lhe ��.�idley Cable �z��:ir�ance in its re)_ation to the ques-Eions about Cii;E.n�Ea III -�nG su'�scr��t�er revenues,. the Commiss�on advises 1�hat the City encurnber $2,OU0 at this time iar poss:i.ble .further le�;al co�.ts . Finall.y, �L1z� Cam�r�issi.on advases_ tha�t an add�tiar�al� $1,500 be encwnbered �or �i_z�avel._ and expenses . Tlzese inonies taould be used for Z�ia�tional Cable Convent� ons or {or. travel to ��ash:i��ton in case t�s�:iniony is needed in t?�� afore-- mention��d. 1e�al questiar� . Either a City cmplo,7ee o.r Commissio;l memLei� mi�3�t. be scnt for either a�orementioncd si.tua �ion. � Tf t:his rloney is iio1: uscd somet.:�.n� next ycar. , it could, of cot2r�e , i.hcn he ��etur�:vd to t?�e ��11C'l�'c3�.. furd . ' � 0 R, �- ,; �: ��. �; � ; ; i C i i