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06/07/1976 - 5710JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JUNE 7, 1976 � � �4 C� .r:°, r�, �:�j � �`� ll�' � � 1 � � � 1 � � � ' ' � P�EP�iO T0: DEP�tR?IfEPJT HEADS Foilowing are the "ACTIONS NEEUEQ". Please h�ve yau answers Uack in the City Manager's office by Wednesday Noon, June 16, 1976. Thank you. Ffi�i��Y CITY CQU(�CIL � REGULAR MEETING � JUNE 7, 1476 � 7:3� P,M, PLEDGE OF ALLEG I�Af�GE; Given ROLL CALL;� All Present �jPPROVAL OF i1I fJUTES : REGJLAR I�EETING, MAY 3, 1976 Minutes corrected on page 2, end o�f Paragraph 5, the last sentence should read, "The matter was then placed on the Agenda, there being no �udible objections. It was refierred to the Park and Recreation Commission, and the item would come back later in the evening for a hearing. Minutes also corrected on Page 6, lst Paragragh under heading, "Discussion Regard�ng Sign for North Park", the first sentence should rea�, "The matter of the park sign that was deferred until latter in i:.he evering was taken from the table for action." PU�LI G:iiEAR I NG l�FET I NG, �i�Y 1�, 1y76 : Ap�roved as presented f��GULAR MEETING, I�AY �.�, 1976 Mi�iutes cerrected on Page 10, under itern "Cable Television Commission: Cable Seminar", The first MOTION was seconded by Councilwornan Kuko�,vsk�i instead of Councilman Namernik. Upon a voice vote, Counc:ilman Hamernik �ro�l;ed nay instead or Counrilwoman Y.ukowski. The second NOiION was macle'by Councilman Hamernik instead of Councilwon�an Kukowsl:i. �ONT I iJU ED $QARD 0� REV I EW I�'�EET T NG, �'�A'�' 2�, 1976 Approved as presented ITY PIANAGER ACTION NEEDED: Correct r��inutes book as directed 1 ADOPTIOi� i�F AGENDA: Item added fol�owing Item G, "Setting Public Heari,�g on Zoning Code (Chapter 205) in Relation to Chapter 602" ' OPEf� FORUP1, V I S I TORS (COl�S I DERAT TON UF TTEMS NOT ON A��NPa � 1� I�I I NUTES� ' hir. Euger,e Kazm�ierkoski: Regarding Police activity (t�ickets on 7th Street) POLICE ACTI�N NcCQED: l�ivesi:ig�te compla7nt � - . i ' . ' ITY M(�NAGER �EGULAR MEETIidG. .lUNE. 7, 1976 , OLD BUSINESS;� CONSIBERATION OF SECOND READING 0� AN ORAINANCE FOR REZONING REQUEST� LONING QRDINANC:E AMENDMENT LOA #7b-Oi, BY JOHN HALUPTZOK, FRQM C—�.S TO T°�^I e GENERALLY LOCATED WES-r oF 1240 73� AVENt1E N � E, . � , . . , . . . . � . , . ORDINANCE NC�. 6l3 adopted ACTION NEEDED: Publish ordinance CONSIDERATION OF SECOND READTNG OF AN ORDINANCE AMENDING �CHAPTER ZO6 OF THE I'RIDLEY CITY C011E PERTAINING TO THE BU I LD I fJG CODE AND PERM I T FEES �� e �� e�� ' CITY MANAGER � __._' TY M�NRGrR NAPdCE i � � ORDIfJANCE N0. 614 adopted ACTION NEEDED: Publish ordinance , CONSIDERATION OF SECOND REAI7ING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY �LICENSE FEES) � � � � � � .� � � . � � � � � � � . � � � � � ORBINANCE N0. 615 adapted with addition of Bingo License Fee ACTION NEEDED: Publish ardinance as amended ACTION NEEDED: Investiqate the license fees for gasoline sales and Special Use Permit arid recommend the appropriate charge. PAGE 2 1-lA 2-2C 3-3C ' , �1 �1 F�lANCE , �J ' ' �� 1 CITY Nw��A ��4� ' , ' REGtlLAR i�EET�:NG� ,1UNE 7, 1g76. OLD gUSI�NE�S CCo�v-rr�NU�D� P��E J CONSFDERATIO�J 0� SECOND READING OF Afv ORDINANCE AMENDING THE CITY CNARTER OF THE CITY 0� FRIDLEY. ......�.. 4- 4 G Tabled to June 21, 1976 rneeting ACTION NEEDED: Put back on agenda June 21 CONSIDERATIOiV OF SECOND READING OF AN ORDINANCE AUTH4RIZING THE ISSUANCE OF BtNGO LICENSES TO QUALIFIED ORGANIZ,4TIONS, PRESCRTBiNG CONDITIONS THEREFORE, AND PROVIDING PENALTIES FOR VIOLATIONS THERE�F; ENAGTING CHAPTER 2� OF THE FRIDLEY CITY CODE; AND AMENDING �HAf'TER i1, SECTION 11�IQ OF THE FRIDLEY �ITY �ODE RELAZ' I NG TO FE�S , � ! � � � � � ° � � , � � � � � � • • QRQINANCE N0. 616 adopted ACTION NEEDED: Publish ordinance �;F�'� ��I�i��S; , , 5-5B CONSIDERATIQN OF FTRST READING Q� AN ORDINANCE � ES�'ABLISHING CHAP"TER �O2 OF THE FRIDLEY CITY CODE TIT1_ED BEER AND REP�l�LING PRESENT CHAPTER �OZ OF t`Cl�� FR IDLEY i,TTY. CODE I R� I�TS ENT I:RETY; AND AMEND I NG CH,�P�'CR 11, SF'C7ION �.I.�.O OF THE CITY CQDE REt_ATING -ra FE�s . . .. . .. . . _ . _ 6 - 6 B � � � � � � o � c e � r e � c � � t � � � � � � � � � P1ade amendment un�er Sectian G02.05 Minors: Last sentence should read "No minor shall consume, purchase or cause to be served any non- intoxicatirg �n�lt liq,:or on the premises af any . " ..... ,�(hq�sC;t� ACTION �VEEDED: Change word "�n" to "on", and put b�ck on next regular agenda i'o�� second reading - C(�N:�i[)Fr�Fti It)�V �F SFTTING PUBLIC HE�RING ON ZONING CODE (CHAPER 205) IN REGARD Tp LF;A�'�iLf: 602 TITLED BE�R. Public hearing set for July;l9, 1976 �' t aCaTNE�RTt�� ,'ii:1�1(?V �vE=f�D� D. Make arrar�geu�ents for �ublic hearing. , . �� REGULAR NIEETIfdGf ,�Ul�E 7, 1976 NEW BUS�iVESS (CONTTIlUED� PAGE 4 I' RECEIVTNG THE I�INUTES OF THE PLANNING COMMISSION MEETING - oF MaY l�, 1976 e , , . , , , , . � , . � , , � , e , , , , , 7 7 B� l, APPEALS COMMISSION, MaY 11, 1976: i' (A) A� �� WILLIAMS, 5�3 GLENCOE ST� .�,,., � A- 7 E APPEALS COMM� RECOMMENDATION: APPROVE (3/2 VoT�) 1 �n��rvr t � ACTION REQU I RED : CONS IDERATI ON OF RECOMMENDATION GINEERING � � 1 � � FINANCE: I � �ARKS Item tabled. Council has some questions. Petitioner is to bring in plans ACTION NEEDED: Contact petitioner and put on next regular agenda 2� PAR4CS AND RECREATION, APRIL Z6, 1976: (A? RED TAG TAX FORFEIT LAND FROM MISS� ST� 67-rH WAY BETWEEN ASHTON AVE� AND RAILROAD TRACKS � � � . e � � � . , � � � � � , � � � P&R OMM� REG9MM N�ATION; RED TAG 17 LoTs P ANNING �OMM. REGOMMENnATIQN: �ONCUR �QUf�C L AGTION REQUIRED: CQ(JSIDERATION OF RECOh1f�1ENDATION Council cancurred Gvith recommendation ACTION NEEDED: Inform County of red tagged lots TO � 7F-7H 7I-7J (B) NAM�NG FRTDLEY PARKS• � � � � � � � � � � �$�.COMM� R C�ME.lY AD TION: UNNAMED PARKS GIVEN I�AMES �j„��.,[NG COMM � RE�`�FNDATIO�I: CONCUR �QIt�NCIL ACTION REQUIR�D: CONSIDERATION OF RECOMMENDATION Council concurred with names of first three parks Motion to name park "Unity Park" Council tabled naming the last three parks listed for more neighborhood input �A TION PJE�DED: Note new nan�es of parks.. Request more informatian on'last Y�--�rar�,'�s and bring back to City Counc�l on future agenda. � �_�`a' i C� � � , � ' , � ' ENGINEERING � � � ' �NGINkER� G REGULAR� (�EETING, :�UNE 7,� 1976 � �� NEW BUSTNESS (CONTi(�UED� �PLANNING COMMISSION �iINUT�S CONTINL{ED) 3, PARKS AND RECREATION COMMISSION, �AY 3, 1976: (A) MADSEN TENNIS COURT ENCUMBRAf�CE OF �6,000 �. � K P&R COMM� RECOMM N�DATI�: HOLD �6,000 FROM BUDGET FOR MADSEN TENNIS COURT UNTIL IVEW YEAR PI�ANNING COMM� RECOMMENDATION: CONCUR �OUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION PAGE 5 Item tabled to next regular meeting ACTION NEEDED: Make up information sheet on the distribution of tennis courts throughout the City and give to Councilman Hamernik 4, KENNEDY TRANSMISSION; SPECIAL USE PERMIT, SP #76—�6, %%OO UNIVERS ITY AVENUE i� � E� �� 7& � BBT PLA(�NIhG COMM. REGOMMENDATION: APPROVE �Q�INCT� AGTIQf� EQUIB_E1�: CONSIDERATION OF RECOMMENDATION Special use Permit approved ACTION NEEDED: Inform applicant 5. RQBERT �CHROER �OT SPLTT, L�S� #7��41 %�QO �INIVERS TTY AVENUE i� � �E R � � � � . � � � � . 7 & 7 BBV PI qt��rrvr �CO�iM. RECOMMENDATTOiv: APPROVE WITH CONDITIONS COUNCIL ACTION REQUIRED: CONSIDERATION OF REGOMf�1ENDAT I ON Lot Split approved with easement on south of property and a v��°iance was qr�nted ACTION NEEDED: Inform applicant , I �� , _ Y MANAGER � � ' GIPdEERING �!- ' � , GINEERING I , � REGULAR f�EETIfJG, JU(�E 7, 1�76 i��t�J ��US I i�vESS ( COi�lT I i��JUED) PAG� n CONSIDERATION OF �EQUEST FOR FUNDING FROr� i�ORTH SUBURBAfv FAMILY SERVICE CEN7ER� � . � � . � � � � � � � � � �' — � C To be brought back as Resolution for consideration Forward to Human Resources ACTION NEEDED: Prepare resolution for City Council consideration Comm. regarding the County to pay the cost. And forward information on to Human Resources Comm. �ECEIVING BIAS AND AtiVARDIfVG CON�RACT FOR STREET I�1PROVEMENT PROJECT ST, l��b—I.O �SEALC�ATING), � � , � � � g � _ Awarded to A11ied Blacktop ACTION NEED�D: In-form contractor of bid award RECEIVIiJG PETITION I�O� 9—I�J%E REQUESTING INiPROVEMENT OF OAK GLEN CREEI< BY THE KUNZ OIL COMPANY� ��, 1� - 10 � Petition received ACTIOi� NEEDED: Fi 1 e peti ti on for future i i»proverrient t. � ' � ' ENGINEERING � ' , , F� ' � � FINANCE � ANCE , � � REGULAR f��EETI�� JUNE 7, 1976 fdEW BUSIPJESS (CO(�TIfdUED) P�1GE 7 CONSIDERATION OF A RESOLUTION AUTHORIZING CITY OF FRIDLEY TO PARTICIPATE IN LOAN GRANT PROGRAM WITH i`�ETROPOLITAN GJUNCI L , � � , ' ' � � � � � e � � � � s � , � � � , � � � Il RESOLUTION N0. 46-1976 adopted by 3/2 vote (Starwalt and Hamernik nay) ACTION NEEDED: Proceed with loan grant program as directed APPOINTMENTS �CITY EMPLOYEES)� � � � � � � � � � � � � � � � 1� Appointment antl Transfer approved ACTION NEEDED: Inform accoun�ing �LAIMS � � � � � � � � � � � � < < � � � � � � � � � � � � � 13 Approved ACTION PJEEDED: Pay claims as approved LICENSES� � � � � � . � . , � � � , � � � � � � � � � � � � 14 — �.4 E Approved ACTION NEEDED: Issue licenses as approved , � , v. I � �i � (�EGULAR f�EETIf�G, JUNE 7,� 1�76 � � P�tGE 8 ' ' �dEW BUS I �dESS (C0�lTIi�lJED7 � ESTIMATES � � , , , � � � . , � e � , . � � � , . � � � � � � �5 - I5 C Approved NANCE ACTIQPJf�dEEDED: Pay estimates � , ' � SEEKING CLARIFICATIQN i�EGARDING THE PUBLIC SAFET`.� DI RECTOR AND iVE�V POLI CE OFF I CERS' �iEM�3ERSH I P I'-: !;, POLICE AND FIRE PER� : , : . . . . � � - o , � • � � � ��.=- 1 Council approved proceeding t� seek declaratory judgement regarding question of Jim Hill and new police officers in PERA ' FINANCE ACTION NEEDED: Prepare resolution for next regular agenda indicating that Council intends to fill the vacancy of a police of�icer in the Police Department per�ding clarifi- ' cation of pension consideration. CITY MANAGER_ ACTION NEEDED: File Declaratory Judgement � ' ' � � i , � i � � � . FRIDLEY CITY COUNCIL MEETING ' PL�ASE SIGN NAM� ADpRESS AND ITEM NUMBER INTERESTED IN DATE: r� / �%,/� ,NAME_ _ _____T__'T_______ _____ ADDRESS____`___ __ _ r_ ___ITEM_NUMBER �� _ac_s_ cre' cx= _ ��=acc� -oca�� c�= cc� _ ..=�c q � j � I ' � � . . r� O �. ' i E � .� c,c1�/�� ,c% �'17�� vrn/�'o�n r .�� /yJ � SS�.�/ 7 `� � � I .� � � 9 r- � s �� < _ . , � _ -� /7 n .i� � . r, i� % /7 , � � 5 v �ti �"6Q � %� S,r�1uv /G�*,�/�� ; �t � � � �.�ez�� .1� ��-� � d� S L� � � ' 0 � i 77 TNE MINUTES OF THE REGULAR MEETIPIG Of THE FRIDLEY CITY COUNCIL OF JUNE 7, 1976 The regular meeting of the Fridley City Council of June 7, 1976 was called to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee weicomed the audience and invited them to join with the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernik, Mayor Nee, and Councilman Fitzpatrick. MEMBERS AaSENT: None APPROVAL OF MIPIUTES: REGULAR MEETIPJG, MAY 3, 1976: Councilman Hamernik said that the minutes should be corrected on page 2, end of paragraph 5. The last sentence should read, "The matter was then placed on the Agenda, there being no audible objections. It was referred to the Park and Recreation Corrmission, and the item would come back later in the evening for a hearing." Councilman Hamernik said that another correction would be on page 6, first para- graph under heading, "Discussion Regardinq Siqn for North Park", the first sentence should read, "The matter of the park si9n that was deferred until latter in the evening was taken from the table for action." - �. MOTION by Councilman Starwalt to adopt the minutes as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unani��ously. PUBLIC HEARING MEE7ING, MAY 10, 1976: MOTION by Councilman Starwalt to adopt the minutes as submitted. Seconded by Council- woman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. RE6ULAR MEETING, MAY 17, 1976: Councilman Hamernik said he had one correction. On page 10 under item "Cable Television Commission: Cable Seminar", the first P•10iI0N was seconded by Councilwoman K��kowski instead ef Councilman Hamernik. Upon a voice vote, Councilman Hamernik voted nay instead of Councilwoman Kukowski. The second P10TION was made by Councilman Hamernik instead of Councilwoman Kukowski. � MOTION by Councilwoman K��kowski to adopt the minutes as amended. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETING, MAY 2�},"1976••(JUNE 1): MOTION by Councilman Hamernik to adopt the minutes of the Continued Board of Review Meeting held June 1, 1976, as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The Public Works Director su�qested that the Council add Item 6A which would be "Consideration of Setting a Public Hearing on Zoning Code (Chapter 205) in Regard to � I i � � , ��- - �...._ �_ _ � � . �.. REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 2 Chapter 602 Titled Beer." This refers to certain recommendations from the Planning Commission as it affects the zoning code in relation to bars and taverns in conjunction with Section 602 of the City Code, basically the issuance of beer licenses. MOTION by Councilman Starwalt to add Item 6A as stated by the Public Works Director. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Eugene Kazmierkoski stated that in his area, 6lst Ave. and 7th Street, there is a problem with law enforcement. The problem is bicycle riders, children as well as adults are violating the stop signs. The violations occur even when the police radar units are parked there, and no attempt is made to warn the violators by stopping them and issuing a verbal warning. last Wednesday Eugene Kazmierkoski said that he observed approximately seven children almost get hit by cars; one was very close. Drivers and children are both at fault. Also there is a lot of noise caused by cars that leave the stop signs at an excessive rate of speed, with no mufflers on the cars or illegal mufflers. He said that he had been down to the Police Station a couple of times, and the Police Department has been very cooperative in that regard, but they only come out there for one or two days, and that is it. � Then there is the matter of parking tickets. Mr. Kazmierkosk7 stated the police issue spot tickets for parkinc�, but not everybody gets one. 60th Avenue is being torn up, therefore some of the people can't get into their garages, and they have to park on 7th. 7hey have been issued tickets, several of them,but not all of them. Last Friday one of the kids in the neighborhood was issued a ticket for parking there; yet there were three cars sitting in front of him, and nothing was done about them. Mr. Kazmierkoski said that when he was qoing north on 7th Street under the bridge by t the freeway and going over the hill, he neticed a radar car sittino there. His =' speedometer indicated 35 miles per hour when a car passed him, swerved into the other � lane, and almost rear-ended another car. Mr. Kazmierkoski was of the opinion that either better patrolling was required, or else it was a matter of getting someone to do it. Mayor Nee said that Mr. Kazmierkoski had called him at home, but that he had not yet had the time to check out the complaint. Eugene Kazmierkoski asked what will be done about the selective parking tickets? $15 is pretty stiff. Mayor tJee asked what day it was that the ticket in question was issued, and the reply was one on Friday and another one on Sunday night, about seven o'clock. Eugene Kazmierkoski agreed with P•1ayor Nee's summarization as a situation where the whole street was marked for no parking, but where one car would be ticketed and not another. Councilman Hamernik said that the City Council could not do anything about the traffic tickets, but that f•1r. Kazmierkoski should come to the Council and make his views known, and perhaps he may have a suggestion to alleviate the problem that he could approach the Council with. Eugene Kazmierkoski asked if it were possible that the signs could read "No parking. Six to Eight except Saturday, Sunday, and Holidays." Otherwise the residents have no means of accommodatirra their company's cars. P1ayor Nee said that was possible, and that the signs were put up originally at the request of the residents because people were using the streets for parking instead of the parking lots. Eugene Kazmierkoski further illustrated the difficulties with the sign problem, and Mayor Nee replied that he w.nuld like to have Mr. Kazmierkoski canvass the neighbors and ascertain if they would like to have the holiday exemption, and since the signs are there now as a result of petitions by the neighbors he would be reluctant to make any changes unless the neighbors expressed themseives. The City Manager suggested that Mr. Kazmierkoski should contact the Public Safety Director, although you may bring this matter to the Council a1so, but the other method is more direct. Mayor Nee said that the Council doesn't want discrimination, and if there is any the Council would be concerned with it. Councilman Starwalt inquired if P1r. Kazmierkoski had talked with the Police Depart- ment, and Mr. Kazmierkoski said that he had. Ne had been there today, as well as at I J �i , �� ' 7q REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 3 other times, and when he has talked to them they have corre out right away and checked for a day or two." On one of these occasions he saw a police car going through the stop sign and it was followed by two bicyclists immediately behind him, Councilman Starwalt asked that the City have a little time to find some answers. OLD BUSINESS: NSIDERATION OF SECOND READING OR ORDINANCE N0. 513 fOR REZONING ST, ZONIN6 MOTION by Councilwoman Kukowski to waive the readinq and approve the ordinance on second reading and order the publication. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SECOND READING OF ORDINANCE N0. 614 AMENDING CHAPTER 206 OF THE RID EY CITY DE PERTAINING TO THE BUILDING CODE AND PERMIT FEES: MOTION by Councilman Hamernik ta waive tihe reading and approve the ordinance on second reading and order the publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF SECOND READING OF ORDINANCE N0. 615 TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY LICEPlSE FEES : MOTION by Councilman Fitzpatrick to add the bingo license fee to the ordinance and adopt the ordinance, a:aiving the reading and ordering publication. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING THE CITY CHARTER OF TNE CITY OF FRIDLEY: � , Playor Nee said that he had been writing a memo on this matter to be sent to the Council members and to the Charter Commission; he would like to see more discussion on it. Otherwise he would vote against it. He would be in favor of tabling it at the present ' time, and he would like to get a reaction from the Council and the Charter Commission on the memo. � � � � � � � 1 � , 1 � i' MOTION by Councilman Fitzpatrick to table consideration of the ordinance until the regular Council meeting of June 21, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SIDERATION OF SECOND READING OF ORDINANCE N0. 616 AUTHURIZIPJf THE ISSUANCE IIILI\LVI. l_�ll1i111YU liI1f111L1\ LJ VI IIIL 11\lULLI lilll IiVUL. f'111U fli'ILIYVLIY�U 4111111 \ 11� SECTION 11.10 OF THE FRIDLEY CITY CODE RELATING TO FEES: Mayor Nee stated the only change here was the setting of the fee and the ages. General discussion centered on the verifying of the reports, and inserting the Bingo License Fee of $100 per year and $25 for a 4 day license under Section 11.10 of this ordinance and Ordinance No. 615, just adopted. MOTION by Councilwoman Kukowski to waive the readinc� and approve the ordinance on second reading and order the publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST REAOIN6 OF AN ORDINANCE ESTABLISHING CHAPTER 602 OF THE FRIDLEY CITY CODE TITLED BEER AND REPEALING PRESENT CNAPTER 602 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY; AND AMENDING CHAPTER 11, SECTION 11.10 OF THE CITY CODE RELATING TO FEES: The Public Works Director said that this had been referred to the Planning Commission for investigation and has come back with some revisions which are basically a refinement of some definitions. There were some changes at staff level. In Section 602.05, Minors, � .� REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 4 in the third line, it was recommended that the words "in the premises of any estab- lishment" be eliminated. The Public Safety Department indicated it could cause con- fusion. The Council changed the wording to: "on the premisis" rather than, "in the premises". In Section 602.12, the second to the last sentence, you will note the reference to Chapter 81. It should be Chapter 602. MOTION by Councilwoman Kukowski to correct the wording and change the refererce to Chapter 81, to Chapter 602. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to adopt the ordinance on first reading, as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SET7ING PUBLIC HEARING ON ZONING CODE (CHAPTER 205) IN REGARD TO CHAPTER 602 TITLED BEER: The Public Works Director said that on page 11 of the Planning Commission Minutes it refers to the recommendation of the Planning Commission regarding the changes to the beer ordinance, and ore of the final items is the recommendation to Council to approve the revisions sugqested for Section 205.101. This would require bars and taverns to be removed from the category of commercial zoning•and to be placed in a special use permit and that any changes to the zoning would require a public hearing. MOTION by Councilwoman Kukowski to set a public hearing on the zoning code (Chapter 205) in regard *o Chapter 602 titled beer for July 19, 1976. Seconded by Councilman Fitzpatrick. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. '�.SRECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 19, 1976s APPEALS COPIMISSION, MAY 11, 1976: A. L. WILLIAMS, 533 GLENCOE ST.: h10TI0N by Councilman Fitzpatrick to table the matter until such time as the petitioner is present with his plans. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously PARKS AND RECREATION, APRIL 26, 1976: RED TAG TAX FORFEIT LAND FROM MISSISSIPPI STREET TO 67TH WAY BETWEEN ASHTON AVENUE AND RAILROAD TRACKS: Councilman Fitzpatrick said that there is no park facility in the whole area bounded by East River Road and the tracks and by f4ississippi Street and the creek. There is some at the north end, but it isn't sufficient for any active recreational use such as ball playing. Mayor Nee said he was in favor of red tagging, but he would like to see a study of the area made. MOTION by Councilman Fitzpatrick to red tag the 17 lots. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NAMING FRIDLEY PARKS: MOTION by Councilman Fitzpatrick to concur with the Parks and Recreation Coirmiission recommendation as to the first three names: Glencoe Park, North Park, and that there be no name given the East River Road Park. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I I '� ' REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 5 � The naming of Unity Park was discuss�d with the concept of names for parks associated with the neighborhood identity. Councilwoman Kukowski suggested that one of the several park sites which do not have official names by named for Mr. Glenn Thompson. � � � MOTION by Councilwoman Kukowski that the Unity Hos�ital property be named Unity Park. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt that the last three be tabled for further investi- gation and consideration. Secorded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARKS AP�D RECREATION COMMISSION, P1AY 3, 1976: MOTION by Councilman Hamernik to table the Park and Recreation Commission's recommendation to hold $6,000 from budget for Madsen Tennis Court until new year. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. KENNEDY TRANSMISSION: SPECIAL USE PERMIT, SP #76-06 AND ROBERT SCHKUtx �ui �r�ii; The Public Works Director said that this was a continuation of the development that has been taking place along University Avenue between Osborne Road and 79th Avenue. There is the concern that these lots might become landlocked. He�said that Mr. Schroer had been approached by two property owners, Town Crier Restaurant and Datsun, who are interested in buyinc� the property and then the easements would not be required and the roadway may not be built or required. The recommendation is to ensure that the City gets the required easements along �_'� the west line and that the lot solit be granted. � The Public Works Director said that a variance request has gone through the Baard of Appeals, and the request is for a side yard variance from 15 feet to 5 feet along the north property line. P1ayor Nee said that after he read the minutes he became very concerned about � this matter. The Public Works Director stated that they were, too, and it is getting to the ooint where the roadway may not be constructed. Mr. Schroer had a plan, and�the past Council concurred with his proposal, but since that time the nature of the lot split and the various commercial erterprises going � in there have not reflected his initial intent, and at this point it appears that what is deveioping is different from what was planned. MOTION by Councilman Hamernik that the Planninq Commission's recommendations � be approved along with the stipulations that they have. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : � Mayor Ptee said that the consideration of the variance is not before us yet, but , it would be in order to concur in advance on the assumption that the Board of Appeals may grant it. The Public Works Director stated that the Board of Appeals has approved it. ' Mr. Kennedy and his associates explained the development planned for their property. � MOTION by Councilman Fitzpatrick to grant the variance with the concurrence of the Board of Appeals. Seconded by Courcilwoman Kukowski. Upon a voice vote, � all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERkTION OF REQUEST fOR FUNDING FROP� NORTH SUBURSAN FAMILY SERVICE CENTER: MOTION by Councilman Fitzpatrick to receive the letter. Seconded by Councilwoman � Kukowski. Upon a voice vote, all votin4 aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt that the subject matter of the letter be referred � to the Human Resources Commission. Councilman Hamernik said that it should show the priority items to give the Council and administration some recommerdations. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 8? REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 6 MOTION by Councilwoman Kukowski that a resolution be drafted encouraging Anoka County to subsidize the cost and that it be brought back for Council consideration at the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1976-10 SEALCOATING : BIDDER BID DEPOSIT LUMP SUM BID ALTERNATE Allied Blacktop 5� $10,510.06 $9,784.32 3601 - 48th Avenue No. (City Sweeping) Minneapolis, Mn. 55429 MOTION by Councilman Hamernik to award the bid to Allied Blacktop in the amount of $9,784.32. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 9-1976 REQUESTING IMPROVEMENT OF OAK GLEN CREEK BY THE KUNZ OIL COMPANY: MOTION by Councilman Fitzpatrick to receive the petition. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION N0. 46-1976 AUTHORIZING CITY OF FRIDLEY TO PARTICIPATE IN LOAN GRANT PROGRAM WITH METROPOLITAPJ COUNCIL: The Public Works Director stated that the f4etropolitan Council is trying to make application for monies for a rehabilitation program and Fridley is one of the selected communities requested to participate. The Metropolitan Council wants verification that Fridley will proceed with the program and cooperate with them in this matter. Councilman Starwalt said that he is reluctant to go along with the block grant concept. Mayor Nee said this was a special application that the Metro Housing Finance Agency made for innovative programs. It is out of the regular process of block grants and in a sense it is an experimental program. They have access to other funds and it is not necessarily a year-after-year program. MOTION by Councilwoman Kukowski to adopt Resolution No. 46-1976. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilmen Hamernik and Starwalt voting nay, Mayor Nee declared the motion carried by a three-to-two vote. APPOINTMENTS: CITY EMPLOYEES: NAME POSITION SALARY EFFECTIVE DATE REPLACES Telaine Dematteo 1441 73rd Ave. N.E. Fridley, Mn. Sharon A. Schuldt 10151 Sycamore St Coon Rapids, Mn. Receptionist/ $567 License Clerk, Per Finance Dept. Month TRANSFER Billing Machine $585 Operator, Finance Per Department Month May 18, 1976 May 10, 1976 Sharon Schuldt Marsha Thorpe MOTION by Councilman Starwalt to approve the appointments. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to pay the claims. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and on file in the License Clerk's office. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared i:he motion carried unanimously. = � ' , � i � � REGULAR COUNCIL MEETING OF JUNE 7, 1976 PAGE 7 - - --- i R.� � ESTIMATES: M07ION by Councilwoman Kukowski to pay the estimates. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Peter Lametti Construction Co. 615 Orake Street . St. Paul, Minnesota 55102 FINAL Estimate #1 for period ending May 28, 1976 for $44,761.62 Sewer and Water Project #119 N.D.H. Asphalt Co., Inc. 5400 N.W. Industry Avenue Anoka, Minnesota 55303 PARTIAL Estimate #1, for Street Improvement Project $77,966.35 ST. 1976-1 SEEKING CLARIFICATION REGARDING THE PUBLIC SAFETY DIRECTOR AND NEW POLICE OFFICERS' M MBERSHIP IN POLICE AND FIRE PERA: Mayor Nee said that it was his feeling that the response from the Attorney General's Office is going to be adverse and that he had asked the City Attorney to prepare a proposa] for the City Council's consideration. If the response from the state is positive, then the proposal would be unnecessary. The City Attorney has the proposal for your consideration. The City Attorney recalled Fridley's participation in a lawsuit filed by Columbia Heights in which the Supreme Court reversed the District Court in that matter and Columbia Heights prevailed to allow police officers to be placed in tP�e PERA Police and Fire Pension Fund. The City Attorney went on to outline the legal problems and findings and interpretations of law in the matter. MOTION by Councilwoman Kukowski that a resolution be prepared for the next meeting indicating the City intends to fill the vacancy of a police officer in the Police Department pending clarification of pension consideration, and that the City Aitorney proceed with the declaratory judgment. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: The Regular Meeting on June 7, 1976, of the Fridley City Council was adjourned by Mayor Nee at 11:16 p.m. Respectfully submitted, John Chegwyn William J. Nee Council Secretary Mayor Approved: i 1 � � I I THE MI�IUTES OF THE REGULAR MEETIPJG OF THE FRIDLEY CITY COUNCIL OF P1AY 3, 1976 � 0 �� ' � � � � � � � � � � � � I � �"�eJ J C�j THE P�Ii�UTES Oi= TH[ RE�ULAK h1FETIfJG OF TFiE fRIDLEY CITY COUNCIL OF MAY 3, 1976 The regular meeting of the Fridley City Council was called to order on May 3, 1976, at %:35 P.M. by Ptayor Nee. PLF.CGF OF_ALLEGIANC[: Mayor Nee welcomed the audience and invited them to join with the Council in the pledge of allegiance to tf�e Flag. ROLL CALL: 1�1EP1Q[RS f?RLS�NT: Councilwoman Kukot�ski, Councilman Starwalt, Councilrnan Hamernik, Mayor Nee dnd Coui�cilman Fitzpatrick MEP�IBFRS A[3SENT: None APPROVFlL ('� P1INUTES: PU6LIC HEARING P1EETING, APRIL 12, 1976: MCTION by Counr_ilritan Starvraii to approve t�ie minutes as sulimitted. Secanded by Councilvaoman Kukov.ski, and upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unai�imously. ADOPTION OF AGEfJDA: r��rlor� by Councilvaoman Kukowski to adopt the agenda as submitted. Seconded by Council- man Hamernik. Upon a voice vote, all votiny aye, Piayor �ce declared the motion carried unanimaasly. The matter oi the siyri tor iVo��tn Park was iaken from its appearance ir� "ilt�en Forum, Visitors", and placed on the evening's agenda. OPEN FORUM, VISIiORS: MR. ED WILME�:__P1ARINF CGR°_ 7REE PLANI 11'JG PROGR/�P1: f•1r. Ed Wilmes presented to the Cou,�cil a brochure entitled "il�e f�iarine Corp 6icenten- nial Tree Plantii�y Prugram, ai�d I,e outlined the various asp�cts.of ho�� it would be � done and by arhom. On Saturiiay, P1ay 15, at 9:00 t�f�1, a planting ceremony �•aill take place at the Is�ands of r'eace. Sane cf the organizations t'riat tivou]d be participating in the prograin r�-vuld be tVie Goy Scouts, Little Sisters of the Poor, the handicapped � and others. As i:OC P.f�1. on May 4, 1975, so�ne representative� fro,n the Departinent of Natural Retiources for the trail fundiny met and hopefully they will continue funding so�ne of the program. Fie said that a lot of research has be�n done on the plantiny. The trees are available, and some of the species are the green ash, the soft mapie, and a maple tfiat can be used for a screen. Councilman Starv�alt suggested that althouyh soo�e of the loca] trees, the Flmerican Elm, for instance, are not doii�g as well as expec�ed, the selection of trees should be �n an indigenous basis. Ir. response t� Counci7man Starvaalt's inquiry as to the cost of the proyram to the City, P1r. Wilme> replied that there i� no cost to tne City; that everything has been donated; trees, labor, transportatioii, everythiny is donated. t�iR KEtiPdETN SPORRc, SIuN FOR iuORTH FARK: P9r. Kenreth Sporre spoF:e about the matter of a sign for fJorth Park, and stated that he ' has presented several sch�matics of it for approval. He stated that the project is , being undertaken by the Fridley Jaycees, and Council ap��rovzl is needed for the sign. The sign has been approved by the Foundation, and the problem is Councii approval so that grants ancl other aids iiiay be obtained from the state before the expiration dates i for ±hem occurs, vrhicli �s the urgency that procr.p*s the request for apprcval at this time. � � � � �_._ ._ . - - . _. _ __ _ .._._ _ . -- - — _. - __ __ .__ _ _ _. .. _ _.__; REGULAR COUNCIL MEETIPJu OF htAY 3, 1976 � 1 f°� �_r �, PAGE 2 Councilman Iiamernik said that it is his understanding that we have not approved the formal name for the park area as yet> and he ��.�ondered if that had been taken into consideration. • Discussion then centered about the name of the park relative to the sign for it, and Councilman Hamernik obsei-ved that there are some discrepancies between what is being requested as to name and what is in the brochure. Mr. Sporre stated that they are not changing the name of the park in the sign. It is only a facility that is being named. There is �Z00 in the siyn fund, and the state �vill give us $200 if the deadline for the grant is not exceeded. Mr. Moen stated that ir� working with the Springbrook Nature Center Foundation and according to the lease agreement that they are referred to as the Springbrook Nature Center Foundation, and that in the plan that was submitted to the Council it has been suggested that the iteni be called the Springbrook P�ature Center at North Park. Discussion also centered on the location of the sign and the manner of its being displayed. I.��,r:., ' ' t r�.. 'r � , ,.�_. l .,. , 1 +-+' r�uyJ� ��Ec �iiyUli't'l� G� �`,fi2 v..u1lC�� ii rCt'c �r�u `uG d��`y iiJJE'GtiCli t0 F`U�„illy^ t� 1S m�tter on the agenda? The matter was then placed on the Agenda, there being no audible objection,'i�and the item �iould corne later in the evening for a hearing. OLD BUSINESS: CONSIDFR�lTION OF SECOidD RFADING OF AN ORDINAPdCE TO AP�iEND CHAPTER 11 OF THE CITY CODE OF THC- CITY OF FE2IDLEY, AIdOKA COUNTY, MlfvfdESOTA, BY CFiANGIfdG CERTAIN LIGENSE FE[S AND ADUING THE CIT1' CODE NUf�1BEP,S: � The Public Works Director stated there are a couple of recommendations. On the second page of the ordinarce there is a matter of terminology, and the subjects "water taps" and °sewei° taps" should be respectively "vrater permits" and "sewer permits". The Public 4dork.s Director stated i:hat a recommendation would be to insert water tap after water perniit, $125. The City Manaqer suggested that the Council table the matter as there was no urgency involved. Dennis Schneider stated that it should be apparent that over the last number of years there have been di�cu�sions about developers and individuals who have not been as careful as they might nave been, and after they have put in their house, or houses, they coine to the Co w�cil for variances. He thouyht the,,e should be a double-edged fee for var�iances in these iz�atters, and soi�ie sort of a sliding scale, perhaps, for those that have two or� three variances. The City Attorney stated that there was a question as to whether the fee ought to cover the City costs, and there is no question bui what it should. The usual language is that the City cannot charge more than it co>ts; that it is not to be a revenue measure. It is only to cover the legitimate costs. He said the matter- ought to be reviewed to see if the fees are covering the costs. You��;ould be required to justify part of ii because of the fact that it carne after the construction rather than before, and it causes more work and, therefore, there could be a larger fee. Bob Schroer remarked that taxes go to pay thE� salaries of those that are to do the work, and he recogniz�d that there is a vicious circle involved in the matter of salaries as related to the work involved in setting t.he fees. Further, that a lot split at $20 is too cheap, and a coffee rr�achine lic.ense at $15 is too much. Uiscussion then ensued on the size of the license fees relative to the thing licensed and the respective work involved. • MOTION by Councilman Fitzpatrick to table the ordinance and bring it back to the Council at the administration's discretion. Seconded by Councilman Hamernik. Upon a voice vote, ail voting aye, Mayor Nee declared ±he motion carried unanimous1y. � � , ' � � � � ' � � L� � � � � � 1 _ � � � ! 1� �v' � � 1 � � ' J � REGULAR COUNCIL MEETING OF MAY 3, 1976 NEW BUSINESS: PAGE 3 CONSIDERATION OF FIR�T READIMG OF AN ORDIN/1NCE AMENDING CFIIIPTER 206 OF THE FRIDLEY CITY CODE PERTAINING TO TNE BUILDIi�G CODE AND PERi�1IT FFES: The Pi�blic Works Director stated that apparently ti��hat had happened was that when Chaoter 206 was adopted �•re made reference to the fact that it was the Minnesota 6uiiding Code by refe�°ence, ard v.+e assuined that al� the appendices and indexes and everythiny va�s included, but that in workiny vdith the Code since 1972 there �s a section that �ndicates that there are certain exceptions noted to the buildirig code that are optional to the various municipalities. It appears that if a municipality a�ants to adopt those sections they have to explicitly state them, and that is �•�hy you see the new lanquaye. There are several items listed here. These are basically what the ir�spectors follow. They refer to the Uniform Building Code. The problem �s that if �•ie vaere challenged someone might indicate that it is not a part of the ordinance since it was not specifically adopted. That is what t��e are �r t� _.., u htc„ .,,;� '� �!;:. .`-,; st .._...,:.,�,. y;r,y :y ir The Public Works Director continued that in Section 206.010 we get involved in the building perinit fees. At the present time it is on a cubic foot volume. Ninty-five � per cent of the other communities in the �iret�°opolitan area fvllow the Uniform Buildiny CodE in issuiny builtling perinits and fees, and it is based on valuation, i.e., how n?uch is it worth to construct the building? � I I � � i � � The Public Works Director said that the residential buildiny permits are very, very low, and they do not cover the expenses that our building inspectors have in making the inspections. By adopting the Uniforin Building Cod� vae place it on valuation and hopefully it appeai°s that it v�il1 work out. The fee is ar•�°ived at by an averaging process. Thereupon much discussion ensued over the numLer of trips a building inspector makes, the pr°oper fiscal re7ation bet�•reen coir.mercial-ir�dustrial compared to residential as to the fees. Councilman Fitzpatrick said that this involves a shift from voluine to values as the basis for ra+es. MOTIGN by Councilworr�an Kukowski to table the ordinance and bring it back to the Council at the a�ininistraiion's discretion. Secondecl by Counciln�an Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion tabled by a unanimous vote. CONSID�RATIQN OF FIR�T READIfJG OF F1Iv ORDIfdANCF P,UTHORI7I�JG THE ISSUANCE OF OPJ-SALE lJlfdt LICENSES: PRE�CRIEiIfv'G C i�d!)I?'_C^1S TH[RErO?E: Ai�D PnOViGl�uG FFNF\L7IES FOR VIOLATTONS T'rdERtOF: AMENDI�G CI�IAPT�ER 60:; GF TH� Ff2IDLEY C — ----- - -- -- - -- __ -- ------ ----...- NFW �FCTIQ��! TI{E;RtTU: AN[) AI�1LNfJ:iJG CHI�PTER 11 , SECfIOfJ 1l. --- -- --- - ---------------------------------- REt_P,T1PdG TO FEES: A E The City P�1anager stated there is an interest in the City for wine licenses, and a pliblic hearing on it 4vas held last year. Discussion centered upcn the days and hours of permitting wine to be sold as they might parallel liauor sales; also a discussion concerning fees in this same lighi. MOTIOfd by Councilwoinan Kul:owski to ��aive the reading and adopt the ordi��ance on first �°eading. Seconded by Councilman Starwalt. MOTION by Courcilman Hamernik to amend the motion to delete the portion of the ordinance relating to Sunday sales, 603.224. Seconded by Councilman Starwalt. The matt�r of Sur.day salFS �:��s di;russed, and upon a vo�ce vote, all voting aye, raayor Nee declared the amendment to the motion to adopt tne oi,dinance carried. The VOTE upon the motion adopting the ordinance on first reading was a voice vote, all voting aye, and �+layor Plee declared the amended motion carried unanimously. MOTION by Councilwoman Kukowski to delete the words "Dispensiny License" in Sec- tion 603.225 of the Urdiriance. Snccnded by Councilman Starwalt, and upon a voice vote, all voting cye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MAY 3, 1976 5 xi , � PAf,E n. . MOTION by Councilman HamerniE: that the minimuni seating canacit,y under this ordinance shall be 75. Seconded by Councilwon�an Kuko�dski. Upon a voice vote, all voting aye, P�layor Nee declared the motion carried unanimously. MOTIORJ by Councilman E4amernik to strike out the second para�ranh in Section 11.10 relating t� fees and substitute a fee of 5700 per year �vith an initial investination fee of 5500. Second by Councilman Fitzpatrick. Unon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. R[CEIVING THE MINUTES OF THE PLANNING COP1f�ISSION f1EElIPlG Of APRIL 7_l, 1976: SPECI�L USE PERP-1IT SP 76-05; ARI�Y��E JOf;NSO"J_420_ 57th PLACE P�.E.: The Public bdorks Director stated that the Planninq Coininission had recocimended approval of this request, and also two adjacent prcperty o�vners si9ned a statement that they had no objection to the construction of t;�e aarage. P1r. Satterlee, of the Sussell Company, ��as present and explained the request for the variance. �PsOTTON t�� Coun�;li��an Ha~?ernik t.o cnncur �-a��', th� rPCOmmendation of the Plann�n� Commission: Seconded by Council�voman Kul:owski. Upon a voice vote> all votina aye, P1ayor Nee declared the motion carried unanimously. UlICATION REQUEST, STREET AND ALLEY VACATION, SAV �`76-02; P4RS. P,AY PRESTE^1A�{, 1391 FIFTY-THIRD -F1VEt�JUE: -- — -- -----�- — -- J MOTIOfd by Councilman Star��alt to set the ��ublic heai°inc� for May lOth. Seconded by Councilwoman Kuko�lski. Upon a voice vote, all votinn aye, 41ayor Nee declared the motion carried unanimously. RECEIVING TNE P1INUTES OF 7HE POLICE COP1MISSION P1EETiN6 OF APRIL 21, 1976: NOTION by Stai°walt to receive the minutes of the Police Commission P"eetina. Seconded by Councilv;oinan Kukowski. Upon a voice vote, all vr�tina a��e, P1ayor Nee declared the inotion carried unanimously. RECEIVIPlG THE P1INUTES OF TfiE CHARTER COf1P1ISS?OPJ PIEETING OF FEQRUARY 17, 1976: ��10TIOfd by Councilinan Starv�a1t to receive the minutes of the Charter Convnission meetinq. Seconded by CQUncilwoman I:ukowski. Upon a voice vote, all votin�� aye, Mayor Nee declared the m�tion carr�ied iananimously. REC�IVING EXCERPT OF APPEALS COM��iISSION MINUTES OF APRIL ?_7, 1976 (RF�UFST QY PETI7I0�^�ER TO AVOI� FURTIfER DEf._AY), DENNIS L. VILLELLA, �!u0C 2� SIflEFT: ThePublic bJorks Director stated there is a pi°eliniinary dra�vinn of the matter at hand, and f4r. Villella is present �aith some updated druvairc�s. The Public blorks Director went throughi the several variance requests and stated the third one which tvould increase the coverage from 25 to 7_7.80 per cent aras recoeanended foi� denial on the assumption that the company could redesiqn or remodel the house. Consiclerable discussion ensued over 40-foot lots ran�inct from the oriqin, the taxes, and other facets of these lots and as it affects City policy today in view of taxation, etc. C� � � � � � � 1 MOTION by Councilman Fitzpatrick that the petition for variances be �ranted on the area providing that one side yard be from the required 17.5'to 13; the other side yard from the required 10' to 8'; and with the sti��ulation that the petitioner arranae for a lot split that would provide for an additional five feet. Second�d by Councilm<3n Starwalt. Mayor Nee stated that it would take three votes to carr,y the motion. Upon a roll call vote, Council�•roinan Kukowski voted nay; hlayor Plee voied nay; Councilman Sta7,walt voted aye; Councilman Namernik voted a,ye; and Councilman Fitzpatrici: voted aye. Mayor Nee then declared the motion carried by a three-to-two- vote. NEW RUSINESS: 0 RECEIVING PETITION #��-1976 REQUESTIPlG VACATION OF ASHTON STREET PdORTfi OF IRONTOM STREET AND �3RD AVENUE IIJCLU�ING RAILROAU CRO;SIPJG: ~ MOTION by Councilman Starwalt to receive Petition ��8-1976. Seconded by Council��roman Y.ukowski. Upon a voice voze, all voting aye, Mayor �lee declared the motion carried unanimously. � � � � i � i � i � �I � ! ` tj �t La REGULAR C.OUNCTL P1EETING OF MAY 3, 1976 � , PAGE 5 CONSIDERATI�^� QF (1l�!AR�IPlG OF BIU - TREEE REMO\�AL COiVTRACT {EI[1S OPEfJED APRIL 27, 1976 , 2 : 00 P .� : ---------- - --- -- --- ihe City Manager stated that only tvao bids were received for tree removal, and the recon�rnendation was to award to F�mlee Tree Se+°vice. MOTIOP; by Counciltvoman Kul;owski to a�,�ard the 197F, contract for tree renioval to , Amlee Tree Service, 2011 Gast 122i�d Street> 6urnsville, Plinnesota. Seconded by Councilman StUrwalt. Upon a voice vote, all voting aye, P1ayor hJee declared the motion carrietl �manimously. CONSIDER/1TION OF APPROVFiL OF CHNh�G� ORDFR 71 , SS°•SP! ; 119 IN THE AP10U�9T OF DEDUCT S43D.50-- -----------�_. ,------__�- The Public l�!orks Director said this was the result of replacing a pr000sed structure with some bends, and that the adoption of the chanqe order is recommended. MOTIOi� by Councilinan Fitzpatrick that Change Order �l, SS&SlJ ~119 be apnroved. Seconded by Councilnian Starwalt. Upon a voice vote, all votinn aye, f4ayor Nee declared the motion cari°ied unaniir�ously. rntirrV.r nn� "� ,'� nr nn rn� Tr..rrrr+ r..� -. .,r.. r��r.�r..�-r I n n /� l.V��J rVii 'i'�ln��l� i V�'� JVL1Uli •l./"•I1V1'1 /�� vU �I\l��ll� I f��L!I ''�il] ill l .iLY1�J Y`.1.�\11 �6I D 10 P E! I I N G AP R i L 2 3, 19 76� V--' ------------' ---- ------- --- The Public 4�'orks Di'rector stated that Solidification, Inc., ti�;as the only company to submit a bid; that they have been under contract to the City for a number of years and have provided proper service. MOTION by Councilwo�r�an Ku4;��vski to award the bid to Solidification, Inc. as follows. Seconded by Councilman Fitzpatrick, Upor a voice vote, all ��otino aye, Mayor Plee declared the motion carr-ied unanin�ously. SolidiSication, Inc.; 610 Cotionwood Lane; �"�inneapolis, P1n. �. Security f�o��d 5% bid Lend - Tr�ns�merica ?ns. Co. ?_. Television Inspection of Seiaer Pipe 29�: lin. ft. 3. Pfinirnum Chai°ge fior° �elevision Inspection of Sewer Pipe $295.C+0 4. Setup for Se�,��er Joint Sealing of Sewer Pipes {C•1ove In arid P�ove Ou±) $138.00 each 5. Sevier Joint Sealing of Sewer Pioes 4 29.00 ,ioirt 6. Chemical �ealinci P4aterial for Joirt Sealina (AP-i--9) �?_.40 nal. 7. Minimuin Charq2 for Se�-�er Joint Sealing Projec� $�114.00 8. Setup foi° Solidification fte�air of Setaer Pipes (b1ove In and P1ovv Out) $ E,5.00 9. Chemical Matcrials for Solidification Repa�ir of Pipes (Sodium Silicate and Ca�lciuin Chloride) .95 �lal. 10. f�iinimum Charce for Solidification Repair Project $450.�0�1 11. Manhole Inspection � 7_0.00 12. Manhole Repair $ 55.00 13. Chemical I•iat�r�ial for Planholr Repair S 2.40 gal. 14. Amount of Time Required to Respond to Service Re�uest: a. Normal Sei,vice Days 5* b. Emergency Service Flours 24* _ � (SLABJACKIfdG) l. Labor (per hour) � 67.00 {�er hr. 3 r�en 5 52.00 for- 2 men Z PM1aterial (cubic yd.) $ 40.00 cu. yd. 3. P1obilization (lump sum) $ /0.00 4. Amount of Tii7�e Required to P,espond to Service Request: a. Normal Service Days 5* Y, b. Emergency Service Days 2* X ' *Amount of Time required by City. If 6idder cannot i�espond in time noted, nlease State Alternate Proposal. RESOLUfION N0. 41-1976 APPROVIPJG PRELI�IINARY PLI1f1S FOR NOISE AP,ATEP9EfdT QARRIFRS ON -- ---- -- ---- ----- - ------------- -_ __ __- _- -- - --- ----------- I-694 AT IfJTERSECTIOid WITH TN 47: The Pub1ic l�lorks Director stated there have been no ob,jections from the property owners, and it is recommended this be adopted to allow the flinnesota Hiqhwa,y Department to _ _._ __. . ._ _. ._ ._._ . �_ -- � - - __ - - _. REGULAR COUNCII �'.�=�;7IIdG OF P1AY 3, 1976 �� PAr,E 6 proceed with their final construction plans. Mi°. Creq Robinson was present to ansu�er any questions. MOTION by Councilwoman Kuko�vski to adopt Resolution �41-197fi. Seconded b,y Co�m cilman Fitzpatrick. Upon a voice vote, all votinc aye, P1a�or Nee declared the motion carried unanimously. CONSIDERATION OF_LIQUOR_STORE MANAGER AfdD ASSISTAPIT LIQUOR STORE f4AfJA�ER COMPEPJSATION FOR 1976: — - ---------------------_ ---___ P10TION by Starwalt to approve the salaries for the Li�uor Sto�-e Planaaer antl Assistant Liquor Store Rlanager as pr?sente�. Seconued by Councilwoman Kul:o��aski. Unon a voice vote> all voting aye, Playor Nee declared the motion carried unanimously. CLAI��1S: MOTION by Counci�vroman Kukowski to concur in the claims �s �resented. Seconded by Councilman Starwa.lt. U�?on a�roice vote, all votinn aye, ��1a��or Plee declared the motion carried unanimously. LICENSES: MOTION by Councils�voinan Kukowski to anprove the licens?s as submitted and on f1�P_ in the City Clerk's 0(fice. Seconded by Coui�cilinan Star��ralt. Upon a voice vote, all voting aye, Mayor• fJee declared the motion carried unanimously. ESTIM117ES: � MOTION b;,� Councilr,an Starv.�alt to pay the clain, of l�leaver, 7alle ° Herrick, for leaal services as City P,ttorney for Fridley for the �lonth of h1arch in the amount of i1,716.7_0 Seconded by Ccuncil�voman Kukowski. Upon a voice vote�, all votina aye, P1a�/or Plee declared the motion carried unanimously. RECESS: Mayor Nee dec?ared that a recess tivould be ta4:en. (At 10:26 P.P�i, the Council took a recess.) (Council reconvened at 11 :05 P.P1. ) (1111 members �.�rere present. ) DISCUSSION R[GARD1fdG SIGN FOR NORTH PAP,K: The matter of the park sign that was deFerr�ed until latter in the evenin��came to the fore for- action. Mr. MoEn �ave the Council the channes, in writin�, that were approved at a rneeting held for that r�ur{�ose earlier this eveninn. MOTION by Councilti�oman Y,ukowski to concur with the recomi�ienda±ions by the Parks and kecreation Departo�^nt regarding the Srrinqbrook f!atu,°e Center si�n at Pdorth Parl:. Seconded by Councilman liamernik. Upon a voice vote, all votin� aye, P1a,yor Plee declared th� motion carried unanimously. ADJOURPlMENT: f�OTION by Councilwoman Ku6:ov�ski to adjourn the meetinn. Seconded by Councilman Hamernik. Upon a voice vote, all votinn ave, tlayor Plee declared the meetino of the Fridley City Council of h1ay 3, 1976, adjourned at 11:0, p.P�. Respectfully submitted John Chegwyn Council Seci°etary Approved: William J. Nee h1ayo r � ' . � , � ', THE MIfJUTES OF THE PUBLIC HEARIP�!G MEETIMG OF THE FRIQLEY CITY COUNCIL QF �1AY 10, 1976 � , � � � � � ' 1 1 1 1 1 1 � � � � � � rJ �.:� THE P�IPJUTES OF THE PUBLIC H[ARIPdG f1EETIfJG OF TFIE FRIDLEY CITY COUPdCIL OF �1AY 10, 197F The public heai°ing was called to order by Playor fJee at 7:38 P.P�. on �1ay 10, 1976. PLEDGE OF ALLEGIAPJCE: Mayor Nee Nrelcomed the audience and invited them to join arith the Counci] in the Pledc�e of Allegiance to the Flag. ROLL CALL: �tEI96ERS PR[SEPJT: Councilti��oman Kukot•�ski, Councilman Star�valt, Councilman F!amernik, Flayor Pdee and Counciln��an Fitzpatrick f1E11BERS AQSENT: PJone ADOPTIOfd OF AGENDA: � i�ayor fdee stated there were several items to be added to the anenda. There beinn no ob- jECtions, the agentla would now include a resoiution of su�port for a oro[aosed transportation service by the Red Cross in Fridley; some remarks by P1r. Ed blilmes reciardinn the Bi-centennial tree plantinc� project; the third is a comriunication from the City of Plymouth regarding an amendment to the League of f1innesota t1unicioalities E;ylaws; and � the fou�°th is a discussion regarding Rice Creek Park. Mayor fJee called for any other additions. There were none. i � � i ' , i � , � t h10TI0N by Councilivoman Kuko��aski to adopt the anenda with the additions outlined by the Mayor. Seconded by Councilman Starwalt. Upon a voice vote, all votinc� aye, �•1ayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PU[3f_IC NEARIfdG Of! REZOtdiflG REQUEST, ZONING CRDINANCE Af1EMCi1EPJT ZOA '�76-01 , QY JOH�I HALIiPTZOK: Fi2Cit1 C-1S TC T1-1.' GETJERALLY LOCATED 1�JEST OF 12n0 73'� AVLP�UF_ �IOkiHEAST: MOTIO;! by Councilman Starwalt to waive the readinc? and open the Public Hearina. Seconded by Councilwoman Y.uko��vski. Upon a voice vote, all voting aye, f1ayor PJee declared the motion carried unanimously. The Public 4Jorks Director stated this tivas a request to rezone Lot i7, alock 2, Centrai View !lanor, to make the zoning consistent vrith adjoinina propertv. A recently rezoned portion of Lot 18 was rezoned to allotv a commercial sales or�eration for antique and classic auton�ol�ile parts. The rezoning request v�as explained in terms of the t��o loi:s that were affected as ��ell as in the context of the overall zonina classification. The purpose of the r°ezoning was to prevent ending up with a small, undeve]opable lot. The Planning Commission on April 7th anproved the rezoning. I^OTIOPI by Councilman Starwalt to close the Public Hearinn. Second by Councilwoman Kukowski. Upon a voice vote, all votina a,ye, Mayor Nee declared the motion carried unanimously. PU[3LIC FI[ARItdG ON FIN�.L PLAT SUf3DIVISION P.S. l'76-03, LEIGH TERRACE, BY LEIGH INVESTf1Eh;TS, INC. , GEfdERALLY LOCATED 4JEST SIDE OF If�TERSECTIOf`l OF OSGGiZ�JE ROAD AND EAST RIVFR ROAD: P10TION by Councilinan Fitzpatrick to waive the readin� and ooen the Public flearin�. Seconded by Councilwoman Kukowski. Upon a voice vote, all votino aye, �layor Plee declared the motion carried unanimously. The Public 4lorks Director stated the proposal is to plat eleven sinqle family residential properties between Talmadge tJay and 75th 41ay 41est of East River P,oad. 4Jhat is pro�osed is that a roadway be provid^_d throuqh the plat and to tie into the existina Osborne Road to provide the properties fJorth and South of the intersection a means of makinn use of this intersection and the appi°opriate si�nalization. The olat has been reviewed with the Anoka County Highway Denartment to incorporate additional ri�ht-of-way to al]ow `�urther improvement of the intersection of East River Road and Osborne Road. The plat shoti�s 11 lots, eight of them South of Osborne Road, and three lots to the Morth. Copies of coi°respondence bet�•�een Leigh Investments and the St. Paul b�ater Department indicate there is no problem with the potential oroperty orm ers makina use of the property of the St. Paul Public b�ater Works, but there are certain continaencies such as no perinanent structures and it is to remain as a preen, onen s�ace. The problem _. _ -- - - ---- _- ---- . -_ ____._... _ _ _. _ _ _. PU6LIC HEARING t�1EETING Of= P�.AY 10, 1976 �� i PAf,E 2 � with the property is that without the use of tf�e �Jater De�u��tment property the three lots Pdorth of Osbo�°ne Road do not rneet the 9,000 foot requii°ement. Lot 1 is 7,70!1; Lots 2 and 3 are II,000 feet. �dith the incorporation of the pro��erty, the lots becoine 12;000, 13,000, 12,000, and 9,000, and 9,000. 41e then rorie up with the requirement. It should be pointed out that the !�later Depai°tment did indicate they reserved the riaht to remove their permission at any time, and in discussina tPiis with their staff they did not foresee any use of this other than for urdergro�u�d nipincr. The Public Wor{:s Dir-ector then said that if we dc proceed a�ith final plat approval, the approval of the plat should note the variances on thr�e of the lots. If we get approval v�ith the assumption that the properties can be so used, and then the Water Departmen� removes perr�ission we then end un �-�ith sub-standard lots, and we would recemmend that this be tal:en into acco�m t. The Plannina Commission considered the plat at a public heariny and reccn,mended approval. Some further background is that in 1972 the sai�ie area �aas considered for a plat, and it is basically the same plat and it v�as approved at that time, and for some unkna�n reason it vaas not recorded. We tried to stay with that format in anticipation of the use of Osborne Road and the East River Road. inere will he another• stiuulaiion -- sidewalk5. We ,vouid require tiiat they uive us sideo-ialk easements for the bikeu�ay and pathways. Councilman Fitzpatrir_k inquired if the St. Paul t�;ater bJorks owned the land or simply has an easement on it. The Public ldorks said they had tried to inake a determinati�n as to who had the F�rior rights there, and it ended up �aith the St. Paul l�later Department; but whether they have a deed in hand for it, he didn't know. Councilman Fitzpatrick said the auestion here is what is the easement for? In the future they mi�llt see soGiie othei° use for it. The Public ldorks Di;°ector said the nresent use of the easement is for the vaater pipes that form the main supply line from�the river° to Ramsey County, and in talking with the staff they don't see any channes in that resnect. The City Atto7°ney said this raises a good question. As he ur�derstands the plat, that property is not 4vithin the plat. I�1 his opinion the question of who owns the fee title to that should be researched, and, in fact, how can you corsider it a part of the lot? Mr. Doyle said that u�hat �^�e have done is talk to the St. Paul lJater Ulorks concerninct the private use of the land behind or over the St. Paul lJater Works pironertv, and they have indicated to us they vrill arant full use of the pt�operty but they will exclude such things as buildings. As far as green areas and garden space th�y will ararit full use of the property on an individual basis. They resel°ve in a stipulation the,e thinas because it is quite obvio.is that. i` a hom�owner should come alonn and decide to erert a garage or begiii storing �_ised cars on the property> or somethiria of that: nature, then they would ��iithdraw permis��en to use the property. l-I.�re ai°e some other properties to the East in another village, Spring Lake Park, vdhich are actually usinq the St. Paul 4iater Works property for front y ard space now. It is a situation ��dhere they have i:o run driveways across tf�e property�. It ��JOUId be strictly back:yard usage. Councilman Fitzpatrick said that as far as usina easemenC areas as a part of fipuri+ia the 9,000 feet, that is co�r��nonly done a11 over. f4any people have easeinents on their property, but in this case ne said he aras confused as to ��hether it is siinply an easement or somebody else's property. The Public 4vorks Director° said aie e�ould have to say it is someone else's rn°opei°t,y. There is arother alternative, he said, and that is to just divide this area into two oropei°ties and come up with te��o lots North of' the Osborne fioad, and then we wouldn't have any question even ��ii:huut the p�rmitted use of the b!ater Cepartrnent property. The lots would be 9,000 square feet. �ouncilman fitzpatrick said he didn't mean to r°aise that question because the owner has certainly cooper�ated with tne OsLorne Roa� rloinq throuah thr ��lat, but t:hat he just v�anted to clear up the difference bet��een properties *hat have an easement on ther��, and that which is somebody else's property which is not the sanie thina. The Public bJorks Director a�i°eed, and said that ±he top fdorth lirie of ti�e propo�ed olat is the South line of the St. Paul tdater blorks property. Councilman Starv�alt askrd that, if in effect we ar•e saying if we adopt the plat, we have got tf�ree sub-standard lcits fer �vhich we sho�.ild have to consider as separate action sometime dovm the road? Mayor P;ee said he didn'� understund how this fits into the rest of the area;'that the tliacaram is not�the ��va,y the stree� runs. ' � ' � , � � , � � i , � � � � � __ ' � � � _� � � .1 ,. y� � PUQLIC HEARING MEETING OF MAY 10, 1976 PAGE 3 Discussion centered on tl�e alignment of certain streets, the matter of access to some other intersections, and some sti°eet easements. The Piablic l�lorks Director said one reason for the street alinrrnent �vas to iinpi°ove th� intersection aliqnment of existinn Osborne Road and the Mayor asked if the County would a�ree to thUt. The Public ldorks Director said yes, and there �•�ere lettei°s that this was a�rEeable;and,there will be certain improvements to this area between 1977 and 1979. hiayo�° tdee i nqui red i f tne i nter•sect ior� wi 11 be chanqed whethe�� or• not thi s pl at i s adopted, and the Public Works Director said yes. They would like to net into the left-turn lanes, medians foi° left-turns, etc. � Councilman Starwalt asked as to N�hat is likely to haopen to traffic on Talmadoe and 75th 6day if the siqnalization is chanqed, and the Public fforks Oii°ector stated that as of rinht no�.� th� p�ople have no other alternative. They must come on East River Road, but by planning for this roadt��ay to r�ealiqn Osborne and pr,ovide for signalization the people will have easier access to East River Road, and a safer access to East I River Road. The Public bdorks Director remarl:rd further and illustrated traffic patterns in the area and ho�•� both intersections could be protected. � , � � � The City f4anager stated this plan �;�as considered anproved about four years ano. Mayor fdee asked ��dhether t:�e are incurring a large public cost by virtue of the convenience of the plat, or are �,ve going to do it anyway? Councilman Fitzput�°ick stated that the petitioner came in ��rith a cul-de-sac plan; and, ±hat the original proposal was a cul-de-sac froil� the Ulest. The Public bJoi�l;s Direct:or sta*ed the City would work with the petitioner. He caine in with a cul-de-sac, and did r,ot get into the over-all street planning. The Mayor said that the minutes stated °... if it didn't co�zie in this way..." and Councilrnan Fitzpatrick said he didn't understand that point either,. The Public b!orks Directoi° replied there were se��eral alternati��es of tryinq to save a house and a garage, ar�d there ��as a shift in the ali�nment ot fiive to ten fieet in the area; but noe�, the aliynment fits into the scheme. Mayor Nee said th�t what occurs to him is that if we are havinn a high public cost to realign the intersection of Osf�orne to save lots 3 and �; he �-�ould rather qive the va�°iance to lots 3 and 4, if you are 9oinn to realign Osborne an.yv�ay. The Public Works Director said that with i:his alignment therc is no difference in � , any public cost associat�d with tl�e imorove�nent, and there vlill be an upnrading from East River Road to University; particularly at the intersections �r�here there are turn lanes and other iinprovements such as si�nals. The plan is to try to utilize the controlleci intersections from these lots. � P�ayor Nee inquired as to ��rlrat the imnact would be on the f!o•rtf�east quadr°ant, and the Pzablic ldorks Director replied that it would be the taking of a trianc�le, aporoximately 40 feet of vahich nol�� is just open space. The existinq struct�m e is further to the East and still would be 25 to 30 feet away. Councilman Hamernik said the alignment of Osborne would be five feet to the South. It is in additicn to what is r�ecommended here. � The Public Works Director said that t�fhen the plan was first drafted there was a shift of dimensions, and what the Planning Commission had was not the alictninent that had been proposed in either one of them. It was a matter of �ettinn the dimensions pi°operly set. � 1 , Mayor Nee asked if that is reflected on the plat now, and the Public Works Director said that this one is the correct one. Councilman Hamernik asked about the anticipated time schedule, and the Public 4lorks Director replied that it has been proyrammed for 1978 and 1979. P1ayor P�ee asked if there ��ere any further comments by any one, and there 4�as no response. P10TIOPJ by Councilman Fitzpatrick that the public hearin� be closed. Seconded by Councilman Hamernik. Upon a voice vote, all votin� aye, Mayor flee declared the motiion cai°i°ied unanim�usly. PUGLIC NEARIPdG ON VAC�TIOPJ REQUEST AP1D COPlSIDERATIOTJ OF FIRST READIPJG OF AA! ORDINANCE FOR VACATION REQUEST, STRCEiS AfdD ALLEI' V11CFliI0f! SF1V �!76-02, [3Y f1RS. RAY PRESTE�10N. GENERIILLY LOCATED ON THE [A$T S1DE OF 1391 53RD AVENUE NORTHEAST: A `+' PUBLIC NEARING MEEfING OF MAY 10, 1976 PAGE 4 MOTION by Councilman Stai°walt to open the public hearing and to waive the reading of the notice. Seconded b,y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public 4lorks Dir•ector stated this �vas a request to vacate a portion of Johnson Street North of 53rd Avenue Northeast and basically abutCinq 1391 53rd Avenue Northeast. The request a�as n�ade to allow the construct.ion of an attached gara�e from approximately t�ao to three feet off fi,om the existinq East property line of 1391 53rd Avenue. There �•�as either the need to go through � variance or request the addiiional propc:rty which all would be attached to 1391 53rd Avenue Northeast Several years ago the Noi°therly half of Johnson Street was vacated, and at that time the petitioner was asked to aaree ti�dith the vacation request �nd declined at that time; but now they iti�ant to proceed �vith it, and this was heard before the Planninq Commission at their P,p�°il 21 meeting. The Flanning Co�innission recommended approval of the vacation with i:he stipulaticn that the City retain a drainage and utility easements on the Easterly 20 feet of the proposed vacation. The Public 4Jorks Director said hirs. Prestemon was present. Councilman Starwalt asked as to what is the nature of t:his riqht-of-wa,y East of the property, and the Public l�Jorks Director replied that at the pr,esent time there are telephone facilities and a a,atPr m�in. P1rs. Prestemon state.d that a Standard Oil Pipe line qoes throunh the front of the property, East and ldesc, qcing riqhi: do�.��n, follo�ving 53rd. Councilman Star�valt asked if this would create a problem with drainaqe gettinq inta gara��es, and if there was a limit to which they could not go belo�•�. The Public ldorks Director said this was the reason they wanted the easeinent. 7he drainage ��;ould depend on hos�,� it was graded, and at this point it is only for the ex*ension of the attached qaraqe in having it closer to the East line. The City Attorney said he didn't know tvhether° it is to�°renced property or abstract property, but that the petit?oner should see an attorney about the matter after the vacation. Mr. Tom Albertson said he originally i�equested the vacatien that is noti•� part of his property, bac�: aboui four yeai�s ago on Skyv,�ocd Lane. Councilman Fitzpati°ick asl;ed if he was on Lot One. f1r. Albertson said that was correct. Ile received thc original vacation of Johnson about fo�m years ac�o. Basically, the only stipulatiors kno��n to him at that ±ime aras that ?_0 feet was far the uti1ities and easements and he could not build any type of permar�ent structure or it. If he did so, arid something went ��rrong, h2 would take all loss. As far as drainage and everything, it is a natural drair�age to Che 4lestei°n boundary of Innsbi°uck. So far there hasn't beeri an,y problem of drainage. So far as enou�ah footaqe to ao additional construction, ttiat 2Q feet is immaterial. It would be � very senseless to build any permanent strurture. So, �1r. Flibertson had no �roblem at that time of securing his propel�ty dt all, antl for Mr;. Prestemon's sake he hopes we will sa,Y yes; give P�1rs. Prestemon the okay so they cun qo throuqh and finish buildin� on the garage. Counciln�an Starwalt said he had indicated to one of the parties that as � c�eneral rule we never act on a request such as this on t:he ever,ing of the hearinc� except in rare cases and then with reasonat�le justification. Mayor Nee asked if there was a problem, and ��1r. Tom Albeitson said they would like to get started as soon as they could. The Public blorE:s Director said that normally it tivould be brought on next week, and that if it would not be out of ordei° there would be no problem of approving it at thc first readina. Counrilman Hainernik asked the Public 4dorl:s Director if he was satisfied there were no drainage problems in the area, and the reply was that there were no drainage probleiiis; that with the easements they could handle any problein. MOTION by Councilman Starvaalt to close the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � � � � � � , � ' � � , , � � MOTION by Councilman Stai�walt to suspend the rules and consider this the first reading of the Ordinance fior th� vacation of the uniniproved Johnson Street as contained � � in the agenda. Seconded by Councilwornan Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. i �� i � �-� PU6LIC HEARING �1EETIPlG OF MAY 10, 1976 pAGE 5 COIdSIDERATION OF A RESOLUTION APPROVIPdG FINAL PLANS FOR NOISE A13ATEh1ENT BARRIERS ALONG - -- I-694 F�R CFRTA�TN AREAS 6ETW�EN SEVENTfI STREET TO FAST CITY LI�11TS: , The Public Works Director stated there was going to be a representative of the High��lay Depai�tment v�ho would respond to the consideration of this resolution. This ��as in regard to the public hearing that we had the other niqht on the addendum to the noise barrier t�iat was to be consY.ructed, and at that tin;e there was some concern expressed over the approval of final plans. The Highway Depar�tment did contact � these people, and he ��las to be here tor�iyht. Per�haps ��ie could �o on to the next item. and tnen come back to this �-ahen the gentleinan from the Minnesota Highway Department ar°rives. � � ' � RECEIVING SFRINGBROOK DtATURE CEN7ER FOUPJOlITIOPt COhiPREHE(vSIVE PLAN FOR SPRING61?OOK ---- ---- ----- --- ---------- - ------ ------ -- NNTURE CEI�TER AT f�70RTH PARK: Janice Seeger asked the Council if they would like to have her qive the minorit,y report, and she also distributed a r�eport to the Council members. f�10TI0N by Councilman Star�,�alt that the excer°pt of the minutes of the °ark and Recreation Conr��ission meeting of P�iay 3, 1976, and the minor�ity report be received. Seconded by Ceuncil�voman Kuko�-�ski. Upon a voice vote, all votinn aye, Mayor Nee declared the motion�carried unanin�ously. � Mayor Nee stated that the minutes should sho�a the Council had one meetinq on the Comprehensive Plan, an informal rneeting. Mr. I�1oen, Chait-man of the SpringLrook Park foundation, said that he proposes the plan as submitted and referred to in his letter of April 1st be corsidered foi° approval. ' hiayor Ne� asked if this was an airiendnient to it, ar�d Mr. ��ioen said the amendment was covered �y hi; letter of l�pril 30th and it referred to paragrapl�� 3 on page 13; that it remo wd the phrase ". and 4vithout reimbursement..." and substituted "..with reimbui-sement that shail be agreed upon between the parties concerned.° �� Councilm�n Star�tal± ti�en addressed Jar,ice Seeqei� and s�id that in the special meeting oi the P3rks and Recreation Co!rmissio�n the minutes sho�t th�t some thii�qs were not approved, and thai: he noted there apparently was quite a lengthy far_eted discussion, u�hich ultin+ately ar�°ived at: four stipulatio��s which passed by a i;hree-to-one vote, and that you were the orily dissentirq vote; Mr. �loeii was not present. I4y question is: What part:icularly, of those fotm dis�l.urbed You. Or did all of them. Janice Seeger said that all of ther� did. � Discussi�n certered on th� contingencv b�.adget oi tF�n per cent, and the mainienance rosts as to where �the furds would ��e forthcoming feom and in v.hat pr000rtion. Janice Seeger stated the disci�ssions at the nieeting ��,cre lenqthy and fruitless and confusing. Councilman Starwalt said lie didn't �mder°stand some of it either, Mention � sras made of escrov� funds, of perfvrmance bonr�s. ' The lack of per,f�rinance wou7d be a basis f�r vacaiing the lease, �ind it was not: passed, said Counc;lman Start��alt. He further said that �ve had sti°orig prc�mises thai: if the City would sign �the lease the � f=oundation �vould dc all sorts of thinqs; that on the basis of the aareement with the � City the foundation said they would have a very, ver�y successful fund i°aisirig activity and they �•aould be Ghle to acr_omnlish the things they are so I�ighly in favor of, but those things had not come to pass, and it sounded like tt:�o or three members of the Park Boar°d ��rer,e not convinced, and that he �ti�as not convinced that the funding was as successful as what he had been told it tivould be. � � ' I 1 � Janice Seeger said that a qreat deal of funding is awaitina the Council's decision tonight. Councilman Starwalt asked for some ficures as to the arnount. hir. 1�1oen said it is pretty hard for him to tell you �:�hat amounts in dollat�s we are going to get fron the diffE:rent groups that they are approaching. bJe are doing this without something in hand and something that has been accepted by the Council, and it is irnpossible to go ahead. You have it in the planning of the goals and the anounts of mor�ey. If vre exceed the goals F�ie will be able to do more tf?an we had in the plan. Councilrran St�rt,�alt inquired if Phase One of the plan were aaproved vdould it require a commitment of $27,000 in tiine and effort? He asked �•rhether the money was funded or �•tas it a voluntary e`fort? r�r. r�7oen replied that they had 527,000 in real money, and the matchinq donations or funds would be in labor, tlonations, and so forth. Council�ran Starwalt pointecl out that the $27,OOQ is a fecleral Fundinq subject to matching funds, and with that in minJ, how much of the rnatciiing a27,000 is assured at this time. Mr. Moer said he Couldn't show any of this at the present time, and that they can't PU6LIC HEARING MEETING OF P1AY 10, 1976 l� �A PAGE 6 give you anything unless we have a chance to seek for it. Mr. Moen said they had definite plans and definite sources of fundinq, and that *here u:ill be a finance committee working on it. Councilman Star°�valt said this is the same story he has heard over the last year-and-a half; that if we svould sign the five year lease then they can qo out and make contacts and the money �vill roll in. Mr. Moen said that $?7,000 is in, and CounciL�ian Starwalt suid no; the $27,000 came froin federal sources, and that he �vas talkinq about money fror}� private funds, private individuals, these soui°ces. He �aas not talking about tax money, federal monies. Mr. I�oen said that was correct, and ai; this Cime they are at a stalemate and would like to go ahead, He said they have two yeai°s to match the $27,000 and that they will be able to do it by that time. Mayor Nee con;mentetl that there is no real hazard to the t�,easury. Councilman Starwalt replied that he hoped that �vas riqht; that initially the City was asked to provide a� fourth of the $52,000, and the City substar�tially declined on that. Councilman Starvaalt also said that you have asked us once and you have asked us again, and are you telling me that if this pian is approved you �•�on't asl; us for another nickel? Mr. Moen replied they ��ere going to do the ver��,� best thc�y could to get the papei° work going, ai;d �;�ith you�° help I think we can, and he believed i:hat he speaks for the rest of the Committee. � ILem r"our ot the report ��;as discussed ge»eral1y. Mayor fdee stated he ielt the plan 4Vd5 a good one. Councilman Ha�nernik said h� ivould have to agree with Item Three in the statenient and that according �o the plan this�would be co�iipleted at the end of the five year period. There is no indication as to whether or not there �dould be continuous fundiny if the plan is successful as stated, and that the City co�_ild plan on an obligation of �65,000 a yea�°, and he tihouqht this was significant in that if the plan is accepted as stated ti�e C.ity would 'n�ve to anticipate assi�ming those obliqations. Further, that if we are not goinq to do it then maybe vre sliould not have the citizens spending thei�° efforts on planning it. If we�accept the plan as stated; v�e are gi�inq a preliminary acceptance of it. Councilman ri�tzpatrick said tnat if u,hat Councilman Hamernik said is true of adoptinn the plan, then it is ali,eady true in that we ha��e given th� Springbrook Foundation the five years' t�me to 4�lan a ti��,ogram; �hat ne agrees with the P�ayor that �ve have options at otfier times, but he didn't �hink that in adoptii�g tr�is plan v,�e are committing ourselves to a continual progi°am and that the contract U�ith the Springbi°ook Foundation -- tiie plan -- is inconsistent witli the Springbroc�k Fourclation. Councilman Hamernik said ti�iat he looked at Item Three as addi°essing itself to that point, and these are the concer�ns and consider<<tions ��2 have to make. He also said that if the p1an is accepted he ivould have to exclude Pk�ase ''L, and upon Cotm cilvaoman Kukowski askinq �ti�h,y, Counc�lman Hamernil� said that he is not ready to accept or say the City is w�lling to un�er��riC� the obligat�ions. Councilwoman Kukowski reriarked that we are not sayiny that. Discussion ensued amo+�g the Counc;l �»e�r�bers, and Councili�;an Starwalt said he would have to ag�°ec v�itl�i Councilman Fitzpatrick, and that at a con�ference meeting he sa�id the same thing. We apprcved the cencept of Phase One sorne�time hacE;; that �'hase Two is actually a very, hazy, ti°emendeusly fine dre�am, but the acromplishrnents and the capabilities of that are not outlined, and that he indicated he would not be willing to vote for Phase Two in the documert. Discu�sion ensuc� on the matter again, and Couricil��ian Fitzpatrick said that Councilman Starwalt was being consistent in t.hat Co«ncilman Starwalt didn't vote for the Springbrook conti,act to beGin witli. Councilman Fitzpatrick said that he did not feel that in vot.irig to approve the plan he is committing himself to any more than he committed hlmself�at the tin�e of the forin�ing of the foundation; that it is not inconsistent with our original pla+.r, whatever that was, and that he agreed with Nlayor Nee that it was not a commitirient to operate a continuing nature center. hlayor Nee said it seems to him that we have approved in principle the layout and the development concept, unless there are some changes, and that he thought it was well done. Councilman Hamernik asked if we approve Phase One, and everyti;ing goes smoothly and Phase Two comes along and is approved, and then according to the plan we may have a $200,C�00 huildinc� among other things, and the five year lea�e is terniinated and they do not desire to contiruie, then where do ��re go from there. + � � � L_J ' � � , LJ � , � � � � � � , _ � , L__1 � � � � � � i � , � � � � ' � ' I � �U PU6LIC iIEARING M[ETING OF MAY 10, 1976 PAGE 7 Councilinan Fitzpatrick said that if the plan is so successful that it is able to carry out tiie program of achieving the lst phase, then it is unlil:ely that they would discontinue their effo�°ts if they I�ave don� that well in that time; but even if they did, he �,�ould agree with the f�iayor that ti�at doesn't mean we have a prior commitment to assume the program. , Mayor Nee stated that the plan should not be prejudged because thei°e is some doubts about tiieir ability to do it. MOTION by Councilwoinan Kukowski to accept the comprehensive plan for Springbrook. ��lature �enter as amended by letter froi�� P1r. P1oen dated Apri13P, 1976. Seconded by Councilrian Fitzpatrick. Councilnan Hamernik said ihat after reading the plan and i°eading the aqreen�ent he tvas of the �pinion there �,.as some douht. on the part of th� Feundation as to their success. The ter�ns in the agree�nent are fairly v;ell set out, but yet there is a paragi°aph in the plan a�here tney �vanted the City to assurne a part of the obli�ations, and this, he said, is what put some da.abt in his mind as to their success or anticipated success; and if there was ary doubt that this is vrh�re it can�e from that proba�ly it is just tne way the reoort came across and vahat the foundat�ion was atten�pting to c(o �vas what instilled doubt in his n�ind. A roll call vote t��as taken on the motion. Councilman Fitzpatric6: voted aye; Mayor Nee vcted�aye; Councilv�o�r�a�i Y,ukoivski voted aye; Councilman Stari�alt voted na,y; and Council�?�a�� larnei°nik voted nay. i1ayor I'vee stai:ed that tl�e ro'1 call vote sho4•aed a three-to-t��ao vote in fa��or of the ulan... , and the n�otion carried. COPdS?DERATION OF A RESOLUTiO�i PJo. 42-1976 APPROVIPlG FIPdAL PLAN� F01 PlOISE A[3AT�t�IENT - --- -- -- -- --- BARRIEfS ALU�r'u I 594 FOR ��i;`iAIN Anf;1S 3FTl;EEN S�'JCi!'iH Sif?'ELT 1C EAST CITY LIf1ITS: The High��ay Depari:ment Representative said he v�as not asking any qt�estions, but there t��ere son:e concerns expr,e_sed �n��d he taou�ici explain ther�i. Ele said the,y� had sent out a ciuestionnaire to tfie first, second, ar�d �P,e third ro�.: of hor;es askina ifi there had been e!�ough infor�nation gi�•ier �for thei�i to maf:e up thei,r niinds conce�°ninc� the r�atter. From tl�e whole of Cher�i Lane. the,y got back oiily cne ne��.tive respcnse, and the I�?iqf�!way represEntative said that he talked to hi;n and ohtained *he rcasoris for not v.anting ti�ie hai�rier, and �the��e ��:�ere 1;��do of them. The mai�, i�1r. f�br�uns vlas a trucl: dri��er and when �the big rigs pass h?s place they bloa� their horrs and he v�anied to be able to v�ave tc his buddies. �ihe other reasor� ��as that vah�n he �.�ent cumping out in trie countr��, it toc�k hi�� a couple of nig,�ts to get usE.d to the quiet before he could ge;t son�e sleep. The Elighwa)� Department representative sa�id that he su7gested to � Mr. Abrams that the noise abat�ment barrier would so redur� the noise that 1�ir. Abrams would be able to fa�ll as1eep sooiirr on his campinq trips, bu�t f�lr. Ahi�ams didn't agree u�i tn that. The Hioh�v.ay representati��e showed a plan o{ the area and the resu�lts of the c?uestion- naire ��cre indicated or it. He er.plained ho�,v t�.he survey was conducted and gave statis,;ical resuit:s of it. He sa�id this is the final plan, and once it is approved it.is going out for bids, about t�ao wee4:s' time, and the cansi:ruction is ready to siar�t �in latE� June or July. He said that arher tii��y get the questionnaire done they want the Ci±y Council and a year� ai`ter the bar•i°icr is built ar;oi;hei° quesiiennaire vriil be sent out on it in order to measure the benefit. h9ayor fdee said tf�at th� Council vaould appreciate that and the Council appreciates the �vor�k al��eady dore. t�10TI0N by Councilman Starl•�alt to adopt Resolution No. 42-1976. Seconded by Counci lvdoman Kuko��!ski. Upon a roll call vote, Councilaaoinan Kukowski voted aye; Counci Iman Star�•�al Y. voted aye; P�iayor i�dee vo �ed aye; Counci 1 man Hainerni b: voted aye; and Co�ancilman Fitzpatrick voted aye. Mayor Pdee declared the roll call vote ��ias unanimously in favor of the resolution and the motion car�°ied. The City Council then took up the matters that were added to the aqenda. MR. ED WILMES: PsARINE CORP 6I-CENTEI�NIAL TREF PLANTING PROGRAM: Mr. 4lilrnes said that l�st week he had come before the Council and made a presentation of the proposed tr�ee plantinq project at the Islands of Peace. Today we have had a meetin� with the Naturalist, the Public 4lorks Director, Park Foreman, and the Planner. There are scme details that �•ae can �,!urk out to qive you a more detailed planning of this. The ar�hitect was con±acted at the meeting today, and tomorro�-� morning we will have the details to present to the people involved. � � 6 � �y I PUaLIC HEARING P1EET1fJG OF MAY 10, 1976 �� i . , PAGE � Last week the City "iana�er asked the question, "Is the City goinq to be billed for any part of this project?". M,,� answer was a ver•y firm "P;o", anc! it has not channed since. It was never the intent to infrinr�e on the taxpayers. Mr. !�lilmes recited the history of thie tree planting pro�ram and the aqencies that worked with the pro�iram to make it a suc�ess. Mr. 4!ilmes concluded his remarks by i nvi ti ng the Counci 1 r�enibers to attend the proc��ani. COfdSIDERATION OF RESOLUTION NO 43-1976 SUf%PORTING R�D CRGSS VOLUNTEER TRANSPORTATIOPJ --_ __ - --- — ..- -- ---- - - — -- - - S [ RV I C E : � - - --- _ _-- ------ - ---- — Councilman Starwalt said that �ah�n P1r. Scott m�esented this at the preliminarv mcetinn> he asked him whether they were coi�s�iderinn a mileage charne on ihe trips, and the answer ��as no. They had other plans. Councilman Star�•lalt said he was not oppcsin� the plan. f�10TI0N by Councilman Fitzpatrick to adopt the Resolution Ple. �3-?97E. Sec.onded by Councilvroman Kuko��!ski. Upon a�voice vote, all votinn aye, �1ayor Nee decleared � the n�otion carricd unanirnously. COP9P�U44ICA7i0N FROf1 CITY OF PLYf10LITH !'�1(1YOR HILDE: AP1EI�ID!�^,EfJT TO AS50C. OF �1IM"l. C1UPIIC - -- - - --- ----- - -- -------- — ------- -- BYI nh!� PRn!�nSii�. :-- ------------ --- - ------ t1uch discussion ensued over the matter of representation l�y tt�e lar�er cities versus 1:he smaller ones, and the othei° benefits tliat do acci�ue from the er�anizai;ion. DISCUSSION REGARD?!��;�� RICE CREEk PARK: Mayor Nee said that the City Plananer had raised the nuestion of the transfier of the ldnds to the County. The County received so:ne bondinn authority to acc�uire pi°o�?ei°ty or Rice Cr•eek ard th�y have b^e�; expectin� us *o t�mri control of the �ronertv tf;at is East of Central alonr P,ice Creek over to ti�2n�, and �ve have �been resist�iiic� i�L and saying tf;ere has been a ce�°tain an�ount of �ub'ic invest:ment ��y the citizF_ns of Fridle_y; and if it is qoinq to be useci and naried as a Cour,ty oiece of nroneriv theri, we should net the investment back tf�e Ci�cy h�s n�ade, ��rhicf; is ai�ou�i: $9,Q�J0 in the property. There are a counle of addit�ional lots Vahich are tax-forfeit, and t�ie �-aould rer�uest that. if they tal�e t!�ie F�ro��ei°ty over, they pa�� us �t least the i!�ioney '�hai: ��aould reimbur�se us for the special assessinents aaainst the property. Mayor �dee stated tha�t he has L�een t��orkinn ti-�ith the Coun±�, Cor�missior�ers, and vii�h Mr. 0'(3annc�n, and h� in�icated that. he rias beei� pushinc for th�is, and �if there�is som� kind of coi�senscs on the Council's part, that �r,e s}�ould be nur_�;uinn this, then we cai� oo ahead and ��.vork out som� kind o� an a�reement �,vith i:he County. The use of the area would be available to th� publ�ic. The "1ayor° siated that he heped the Cit�y could g�t s�me money r;ith <<�hich the C;ty could ac�uire other �ark facilities. A1' that we are iooking foi, now is a consensus +.�rrom the Council. MOTJON by Councilwonian I;ul:ovrsl:i to direct t.hc administration to discuss the land situation with the appropriate parties. Secended by Councilman Startaalt. U��on a voice vote, all vo�iny aye, �1ayor PJee d�clar•ed the motion carricd unanimously. ADJOURN?lEflT: MOTI0�9 by Councilwoman Kukovrski to adjourn the meetina. Seconded by Councilman Hain2rnik. Upon a voice vote, all votinn aye, Mayor PJee declared the meetinn of the Fridley City Council of f�1ay l�, 1976 adjoiarr��ed at 10:05 P�.�4. � Respectfully subinitted; John Chegwyn Council Secretary Approved: William J. Nee F1ayor � � � ' , � i � , ; � , � , � , � ' � � � i 1 i , THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY GITY COU�ICIL OF MAY 17, 1976 � ' ' ' . ' ' ' ' ' � ' . � ' . ' '',II ' . � ��1 V �.A THE P1IMIITES OF TH[ REGULAR MEETI�G OF TNE FfZIDLEY CITY CODUCIL OF �1AY 17, 1975 The Regular P1eetina of the Fridley City Council �vas called to order on f-1a,y 17, 1°76, at 7:33 P.P1. by hiayor PJee. PLEDGE QF ALLEGIAfdCE: Mayor Nee welcomed those present and invited them to join the Council in the Pledge of Alleniance to thc fla�. ROLL CAI_L: � f1Ef1L�f_2S PRESEf�T: Council�,�oman Kukowski, Councilman Starwalt, Councilman Hamernik, Counciliaian Fitznatricl:, and P1ayor f�ee. MEf1B[2S /1BSEf7T: None. . PRESEhJT ATIO(J : [3arbara Shea, Chairman, Fridlcy Human Resources Commissioi�, said a v�eek aqo they were present=d, by the Leaque of Humari !;iqhts Con�missior.,�he 5th Anncaal State Avtard which was received by the Fridley Humari Re�ources Comn�ission. She read �he letter. She said that spPal:in� for the Cor�mission and for the City of Fridley, we I:now it �vould b� imnossible for us to have received this award �.aithout your sunnort and .your concern, �nd v:�e than'r, you very tnuch. hiayor "!ee conm°atulated the Con�c�ission on the accomplishment. APPRGVAL OF f1IfdUTFS: I�2E6ULAR f1EETIf1G, APRIL 19, 197u": P10TION hy Counciirnan Namerri!; to adont the minutes of April 1°, 1976 as submitted. Seconded by Councilr.ian�Fit;zpatriek. Unon a voice vote, a11 votinq ave, '1ayor fdee declared the riotion carried unanimously. ADOPTIOf! OF AGEPID�i: The Council adc!ed t��ro iteris to the Anenda: Discussien Re�ardin� o�ir•k propertv at Innsbruck North Park and Discussion Re�ardinr� P"TC Transit Shelters, P10T:Oi� Ly Councilman f!amernik to adopt the a�enda as amended. Seconded by Councilman Hamernil:. Upon a voice !rote, al7 votinci aye, Mayor flee declared the i?�otion ca� ried unanimcusly. OPF=fi FCRU�1, VISITORS: No resE:�onse. PUL�LIC HEAP,INGS: � PlJSLIC. HEARIP7G OP7 PROPOSED CHRRTEk CHAPJGE�: P10TIO�J by Council�-�oman Y.ukowski to a�aive the readin� of the nctice. SecondPd by Councilman Fitzpatrick. Upon a voice vote, all votinn aye, �layor fJee declared the motion carried unanimously. The Firiance Director stated that this was the le�al �rocedure to cover the items that tvere oriitted frooi t.he pubiication of notice for the hearinn helcl Anri7 12, 1976. These items ��ere discussed previously b,y the Council. The items in auestion went back to The C,iarter Com;nission, and are incorporated in the Ordinance that is in the agenda. _ -_ __..__. _._ _ --- - — ___.. __. I .. . REC,ULAR COUNCIL MEETIf�G OF h1AY 17, 1976 PAGE 2 Part of the proposed chanae related to lanauaae to be struck in Section 5.0�' and is as follo�vs: "In case of inconsistency between t�vo initiated ordinances approved at one election, the one apu�°oved by the hioher p°rcentaae of electors votino on the question shail prevail to the extent of the inconsisten:.v." Dennis Schneider said that he urnes that the section as proposed not be adopted. ---- _ �. �� , � , i ' Councilman Starwalt asked Dennis Schneider as to what Dennis meant b1� a substantial number of persons; whether that meant a ma.jority or a si�nificant number. Dennis Schneider replied that it would be at least enough peo�le to forcc the referendum in the first plaee. MOTION by Councilwoman Kukowski to close the public hearina. Seconded by Council�nan Fitzpatrick. Upon a voice vote, all votinn aye, P1ayor hlee declared the motion carried unanimousl,y. OLD BUSIfJESS: . COtlSIDERP.TIO"! OF SECOND RF/IDIilG OF ORDI^JA�dCE fd0. 611 /1UTNORIZIP�G THE TSSUANCE OF ON-SA�E t�!Ii�!E LICENSES: PRFSCRI[?IPlC, C�Pv'JITI(l�IS TE4ER�OF: 1�flEI1DIfd(; CH:APTER E03 �F TfiE F(�T�i F i v - a _� —_ _-- - — ----- _Y C�T, CQ�E ..Y . ��iTn�r � h��,,� cG�i i_C�] T�a��`Tn, n�r� q�,c�.�D.MC !:I",�,°?C? 11 � SCCTiON - - _---------------=— =--=-- _ -- 11.1(1 OF THE CITY CODE 2FLATING TO FEES: The Public Works Dire�tor said thei°e was soine discussion hy the staff reaardina the applicability of havin�� a sprinkler system included in the wine license requirer.ients. The question arose as to the clarification �nd intei°r,rctation of Section 603.225 on oaqe 2-A af t4�e agenda. It lists certain it:�ris, and the Public ldori:s Director said that in order to clarify it fi-om an aciministration standu�int they would like ±o indicate that a sprinklinc� system should, or should not, be. required as a part of the wine license. The staff coinmented on this in checkino �:�ith the Police and the Fire Departments as to the extent of the problem. The City AttorneV stated that restaiirants as such do not require sprinklers unlcss they are over a certair} size, Ui.at any i°estaurant havina a H.ine license -- well, that is some�ahere in between, and I think it is a decision the Council shauld make. It will be a simple matter to svrite in whether or not it is required. Councilwoman Kukowski said she vdas in favor of includinci the snrinkler svstem; also that the �,500 initial investiaation fea seems low and that it should be closer to 51,000. Councilman Hamernik replied that it seei�ed to him that �500 was a fa�r amount for an investi9ation. Ne may not understand what is involved, but based on a fee of a700 for continuinq services then $500 alir,ost seem, hiari. Councilwoo�an Kukowski said tliat she keeps thinkinn of it in comnarison with the liquor licenses, and that we have to r�m tlirouah certain investinatinn procedures and backyround checks and that maybe aft�r� a yea�° it will cost Us more than $500 to run the check. Councilman Namernik said that perhaps it would be in order to let it �o for a year, and Councilman f�itzpal:rick replied t.hat aftF�r a year it doesn'i apnly. If a sprinkler system is �°equired, �ve are loadina u�� the cost on the eiodest license. Councilriaii Fitzpatrick said he would be in favor of the 5500. Councilwoman Kukowski asked the City llttorney how to amend the Ordinance te insure that sprinkler systems would be re�}«ired 4J11;{1 a ti4ine license. The City l�ttorney advised , that the proposed ordinance as t�rritten �vould includr re�uire,�ient of a sprinkler system. Councilman Starwalt said !�e is in favor or aareenient tivith botft, but he doesn't know � if the cost is in the ball park. MQTION by Councilman Hamernik io waive the readinn and adopt Lhe Ordirance. Seconded ' by Council�voman Kukowski. Playor Nee stated that it would be in order to amend it. The amendment they are askinc� for is a�hether or not the Section 603.7.25 includes the requiresnent for the sprinkler system. P10TION by Councilwoman Kukowski to amend the motion to remove the sorinkler system requirement from the pro�osed Ordinance. Secorided by Councilman Fitzpatrick. Upon a voice vote, all votinn na,y, the amendment failed. ' � ' � I� � , � I The City Manager stated tllat it is an initial investmant that nays for itself over � the years. , 1 ' � � t I� I � � �� REGULAR COUfJCIL MEETING OF P1AY 17, 1976 PAGE 3 ; The vote va�s then tal:en on the oi°iginal motion to adort the ordinance. Upon a Vo9�e vote, al] votinq aye, f1ayor Nee declared Ordinance flo. 611 adopted and publicatio� ordered. CONSIDERATION OF SECOND READING OF ORDIfaA�lCE P10. 612 FOR VACATTON REQUEST, STREETS AND ALLEY VACATION S;1V ;:76-02, [3Y �1RS. PAY PRESTEP10Pd. GE�IERALLY LOCATED OPd THE EAST SIDE. OF 1391 53RD AVEPJUE �J.E.: — PIQTION by Councilman Starwalt to waive the reading and approve the Ordinance on second reading and order the publication. Seconded by Councilwoman Kuk:owski. Upon a voice vote, all voting aye, P1ayor Nee declared Ordinance f(o. 612 adopted unanimousl,y. N�W QUSINESS: COP�SIDFRATION OF FIRST READIPJG OF �N ORDINANCE ArqE�dDIP76 THE CITY CHARTEP, OF THE CITY OF �RIDLEY A�vD RECEIVE TIfE fiIPlUTES^OF THE Cff,4RT[R COfT?1ISSIOF! "1EETIPIG OF APRIL 20, 1976: Discussior ensui°etl as to whethei° this vlas the first readin� of the ordinance, and the City Atto n�ey sugg2sted that it viould be better to act on the wf�ole thing on the first reading; that that vaould be the best solution. P10TION by Coanciln�ar� Fitzpatrick Co accept tMe head:na of the item as a first readin� and to receivc the minutes of ihe Charter Commissior, riee�ing of Apri1 2�, 1976, Seconded by Councilmar Hamernik. Upon a voice vote, all voting aye, �1ayo�° Plee declared the motion cdrried uranimously. SECTIOP'� ,,p2, EXPENDITURES RY PETITIOPlERS: �10TIOfJ by Councilwoman Kuko�,vski to ap�rove the nr000sal of the Charter Commission �vith , reference to the aroendr�ent of Section 5.�2. Secondecl by Councilman Starwalt. Upon a voice vote> al7 votin� aye, �1ayor �iee declared the motion carried unarimously. SECTIOiI 5.03, FURTH[R REGULATIOfdS: �10TIUP! by Council��foman F:uko�vski to conc�m in ihe chznaes in this section. Secc�nded by Counc.il�raii Fitzpatrick. Upon a voice vote, all voting aye, Ma,�ror�flee declared the motion cai•ried unanimously. SECTIOId 5.05, FbRf1 OF PETITION /1ND OF SIGNF�TUiZE PA,PERS: P10TI0��! by Councilman Sta;��alt to concur with Section 5.05. Seconded by Councilman Fii:zpatricl:. Upon a voice vote, all votinn ayc, h1ayor Nce declared the motion carried unanimously. � SECTIOiJ 5.06, FILING OF PETITIONS A,ND ACTION THER�OPl: f40TIdfJ I�y Councilman Hainernik to concur t-�ith this Section. Seconded by Council�t�ar Starwalt. U;�on a voice vote, all votin� aye, f4ayor Mec declared the motion carried unanir��ous ly. � SFCTIOV 5.48, I��ITIATIVE [3ALLOTS: MOTION by Councilman Hamernik to concur. Seconded by Councilman Starwalt. �1ayor Plee stated that this is the matter that he is uneas,y about as it returns the mattei° to the City Council. flayor fdee asked if anyone was present from the Charter Coinmission. There u�as no response. Upon a voice vote, Councilmen Star��talt, Fitzpatrick, Hamernik, and Councilwoman Kukowski voted aye, f9ayor P1ee voted nay. "layor Nee declared the motion failed by a four-to-one vote. (On the final adoptina motion only those sections concurred with unanimously were adopted.) � SECTION 5.13, TH[ RECALL: P10TIOfJ by Councilman Fitznatrick to concur. Seconded by Councilwoman Kuko�vski. Upon a voice vote, a11 votinn aye, Playor fJee declared the motion carried unanimously. SECTICN 5.14, RECA�L PETITIONS: P10TIO�d by Councilma�i Starwalt to concur. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor tdee dec]ared the raotion carried unanimously. SECTION 5.19, INSTRUCTI0f4S TO PETITIONERS: �10TION by Councilwoman Kukowski to concur. Seconded by Councilman Hamernik. Upon a vvice voi;e, all voting aye, �9ayor Nee dec7ared the motion carried unanimously. 0 C� REGULAR COUNCIL MEETI�IG OF P4AY 17, 1976 PAG[ 4 SEC7IOfd 6.04, SU60f2DIfJATE OFFICERS: MOTION by Councilwoman Kuko�vski to concur. Seconded by Councilman Hamernik. Upon a voice vote, all votirq aye, �layor PJee deciared the n;otion carried unanimously. SECTION 6.05, PURCHASES AND CONTRACTS: MOTION by Councilman Fitzpatrick to concur. Secor,ded by Councilwoman Kukowski. Upon a voice vote, all votinr, aye, P�1ayor Nee �leclared the motion car�°ied unanimously. SECTION 6.06, CONTRACTS, HOW L[T: MOT10N by Councilwoman KuF:o�aski to concur. Seconded by Councilmzn Fitzpatrick. Upon a voice vote, all voting aye, P9ayor PJee declared the motion carried unaniirously. SECTTO�d 7.0�}, PREFARATION OF ANNUAL 6UDGET: MOTION by Councilwoman Kuko�,�rski to conrur. Seconded by Councilman lian�ernik. Upon a voice vote, all votinr aye, Mayor Ncc: declared the motion carried unanimously. SECTIOf� 7.05, P�SSAGE OP THE BUDGFI: MOTION by Councilman Star�,�alt to conrur. Seconded hy Councilwoman Kukowski. Upon a voice vote, all voting aye, P�{ayor Nee declareci the niotion carried unanimously. SECTIOIV 7.09, i_EVY I��fJD COLLECTlON OF TAXES: t�OTION b,y Councilnian Fitzpatricl: to concur. Seconded �y Councilwoman Kukowski. Upon a voice vote, a11 voting aye, hlayor C'see declared the motion carried urianirrously. SECj10P! i.14, ACCOUidTS /�f4D REPORTS: MOTION by Councilmun Ilarnernik to concur with Section 7.1G with supei°fluous v�ords removed. Sec.onded by Councilwuman Ku�o��iski. Upon a vo�ice vote, all voting aye, Mayor Ne�� tleclared the motion carried unan�imously. SECTTON 10.05, I ATES AP�D CH/1RG[S: f�10TI0iJ by �Councilman Fitz��atrick to concu�°. Seconded �y Councilman Hamernik. IS��on a voice vote, all votin� aye. Mayot° Nee declared the i��otion carri�ed �nianimoasly. SECTION 10.06, F'ROVISIO^J OF FRA�dCHIS�S: MOTION by Councilman Star4��alt to co�?cur. Seconded hy Counci�Imar; F-itz[�atrick. lfpon a voice vote, all voting aye, Mayor Pdee declared t:h� motion c.a�°ried unanimously. SECI�ION 10.09, PUQLIC HEARIPlGS: P10TION by Counc�ilwoman ICukowski to concur. Seconded L_v Councilman klamernik. Upon a voice vote, all voting aye, f�layor Nee declared thE�� n�otion carried unan�irnously. T h e City Attorney said thai: he had a nuestion re�ardinn Section 5.08; that it was not handled thP way the Char,+er Coir�missior� nroposes. Co+ancilinan Startaali replied that the Council failed �o pass S�ction 5.08, and the f�la,vor said that if we fail to adopt: �t unanimously ihey I��ve the authc�rity to put �it� on the ballot, The City Attorr�ey said there is anott�er pr•oblem. it is conceivahle that you ��iay Iiave two proposals on the same sub,ject that are beirq voted on hy tf��e same e]ectors, It is conceivable that you ��iay 4�ave a propo�al to ena.ct an ordinance which has been passed and is inconsistent with some o�ther oi�dinance or stati.�te a��d ��hich �iay present a pr�blem. MOTIOPd by Councilman 5tar��-ralt to adopt the ordinance on its first readinp bui: onl,y those which haci a unanirnous vote. (A11 of i:he pro�losed changes except. thosc relatin� to Sectioi� 5.08.) Seconded by Councilv�oman Kuko��ski. Upon a voice vote, all � voting aye, Mayor IVee declared the ;notion carried �maniino��sly. CONSIDER/ITiON OF F1RS7 READI(�G OF AN ORDIPJ�PlCE aP1FNDIN�'� CHAPTER 7_06 OF THE FRIDLEY - - __ --- — -- ---- — CITY COU[ ('fRi/�IfsI�lG TO il{� (�U1�dI��G (;OD� t1fdD PL[?�1Ii fEESt --�---�------ The Public l�!orks Director s�ated Section �06.01 is wl�at we are trying to update, by ■ i � i ____ __ __ _ _ _ _ _ _ _ _ . �v � � REGULAR �;OUNCIL MEETING OF P1AY 17, 1976 PAGE 5 � sugctesti�g that certain anpendices of the P1innesota Quildinq Code and the Uniform Guilding Code be adopted. Upon the initial adoption of Section 206.01 they were � inadvertently left out. The present building code indicates that in certain cases the muni�ipalities may adopt the appendices and that we need to specifically point out the adoption of the various items. TNe Public LJorks Director said that Section 206.011 involves the establishment of fees. On May 3rd, the administration pr000sed the adoption of a'valuation method for building permits which a�as to provide a faii, and equitable eiethod for various types of construciion Lhat would cover the City's cost in providinq the City services, and that by the adoption of this we would be in uniformity vaith the other parts of the i7etropolitan area. The staff had a meetinq to determine in �rhich areas the City was not getting enouqh fees to cover the services rendered, and in the area of residential areas we were not 9etting enough fees to cover our expenses. l•!hat �ye did was to revise it and that is what you see before you toniyht, and it includes a revision to the existina rate for the cubic footage for residential construction. � At the �i-esenC time the City of Fridley is usinn the cubic foo±age rate of determination for building permits. Vfith the channes the City of Fridley could feel confident the � costs fer the building inspections could be met. The Publie Works Dir-ector continued with exainples of the chancles in rates and classifications. � P�OTION by Councilman Starwalt to adopt the ordinance on first readin� and �:�aive the reading. Seconded by Councilwom�n kukowski. Upon a voice vote, all votinq aye, P1ayoi- Nee declared the motion carried unanimously. � 13'; A1rLfIUE N.E.: � -- �-� — — ---� � � _ �; `�-_—_��_� �-4� -- __- � NCE C NSIDEf,ATTOfV 0_F i I_RST REF1DIiti_C Of /1N ORDIP_!A_VCE FOR RE70�lIilG RE UfST, 70NIf�G ORDI�JA -__ -_- -_ OF l�P4Ef D iFIIT ZOA - 7G Ol , 6Y JOHN N��f U� �70f., � RU� �('-7 S i0 1-1 GFh RALLY L6C�,l FD IICST_` MOTIO"! by Councilman Staro-�alt .to ��iaive the readinq and adopY, tfie ordinance on first readir�g, Seconded by Counc_iiman Hamerni(:. Upon a voice vote, ali votinn ayc, Mayor ��ee dec ared the motion carried unanimously. CONSIDEI2ATIGN Of FIRST RFl1UIN� OF AN ORDIfU°,FdCE LICENSI"dG BT!V60 OFERATIONS: The Cit�� Attorr,ey addressed the Council, the Chairn�an, and rien�ber•s of the audience and said that the 1976 lec��isl�Ztive sess�ion passed a state statut� that requires a muntc�p.�lity to adopt a binqo ordin�nre if the municipa]ity is noinn to perr�it bingo to be oocrated or conducted v�ithin the City. The stat�ite, said t:he City Attorney, is fair•1y iong and it contains a lot of req«lations ar�cl r�ules, and if the City is going to permit the qame then i� must, at a minimum, adopt all of the requiremeiits that are in the statut:e. The Cit,y has the authority to �rohibit bingo within the ini.inici�aiitv and also has the aut�ority to add additional regulations to those that are contained in the statute. At the request of the t1ayor l did prepar�e a skeleton ordinance and a memo that sets out t�rhat I i:hought ��ould be the questions the Council shculd ansvrer. I would perhaps suggest that first of all the Council address itself to the question of wheY.her it chooses to pei;mit the continuinn of binc�o r�ames in the City. You should note that u�ithin the statute is a definil;ion of those orqanizations that can conduct games, and I would be of the opinion the or«anizations that ive liave in the City that have been conductiny bingo uames aiould 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 oi°qanization, and they must be a charitable and non-profit organization, and I assume the three organizations in the City meet those requirements. � There is also a requirement in the statute as to ��hat peoole can work the oa�nes. They have tc be n�embers of the organization or spouses of the memhers of the organization. Or, if they are r�ot, it is my i•ecollection there has to be a resolution passed by the ' organization to let outsiders work at the �aine. The statutes sa,y that anybod,y arorkinq the qane may not reccive more than �12 per session. It also noes on to say ho�•� may � games the organization may conduct, and basically I believe that is not more than 104 or two a week. i �� r� , REGULAR COUNCIL M[ETI�lG OF I�!AY 17, 1976 PAGE 6 There are a number of sections that pertain to the financial records that must be kept by the organization and the various reports that must be submitted to the municipality. In my meinoranduin I inade reference to the fact that the City may charae a license fee; you will note a reference to charaes for fees, licenses and taxes. That is the only thing contained in the statute. I am just assuinina the Council has the authority to charge those thinc�s, although there is no±f�in� spelled out as to the amount that can be cha;°ged. � Just to conclude my comments, I feel, if the City is qoinc� to conscientiously enforce the statute, somebod}� on the staff woul� be required to spend a fair amount of time vaith these organizations to check gan�es and records that have to be subinitted. My other suggestion i�rould be that if the Council does detci�inine it wants to start the process of acloptinq a licensirq ordinancc: for this subject, perhaps it can pass it on the first reading and beta�een no�-� and the next meeting you will have a chance to become more familiar �vith the statute and L� bettei° ab'e to deterRiine if you u;ant to have additional re,trictions. Mayor Nee remarked that the tiine elerient inuicated the applications must he in by June ist a�:coeuinq iu the statutes, and ine City Httorne,y replied tnat as a praetical matter tv,o thinys will happen. First of all, this statute P�as not been publisned b_y G!�st: Publishiny wf��ich is the organization that senas thein ou� i:o the at�tor�neys, jud�7es, and the courts. The City A�ttorney said he chec4:pd the law library �nd ±f�e county library for the information, but he had i;o go to tf•:e leqislature to qet. tl:is inforn,ation; that he didn't think that many municipalities ��ill be consicierinq it as ear�ly as l-ridley is doiiig. Further, tY;ere is a provi:ion in there that says if a City permits t�he orranizations to conduct th� 9ames and has no�t ado,r,ted a licensin� procedure, thEn i�(: is assumed they have adopted all of the provisions of tlie state s�a±.ute. f"ayc�r �'�< a.s4:ec� if thc�i°e v;ere appear�,i�ees�on the part of ar�yon� r.oncerninq t:h1s maiter, and Richar��! D. French, I:c�i 3ollin�er, C<laynard A. "leilsvn, and Lawrence Conrad responcled. ThE Finance Direet.ai° sa�ic tha�t. copies of th�> la�^� could be obtain�:d at the City offices in the morriing. The City ilt.torney said the bill has nqt been printed as yet, Mayor Nee aske� ��-ahat a reasoriaLle fee n��inht be if the Cit,y went ahead with this inatter. P1r. P.ichard i�rench said, ��i��a,ybE� I have so.ne i��l=orination i:hat will be inpui�: to you iri r�elping you to establish your fee. 4�e ai°e very familiar !�,�ith the sLa1;� statute. 4Je meet all of i:he qualif�ications, and h��ve done so for soir,�� timr�. T don't kno�.� Nrhat some of the other nro�.ips do. 6de take a very healthy percentac7e ofi tf�ie qross each year. 41e havc a cor�mission�of seven fellows to dis�icnse the charii:,y, and they are eler.ted at larqe by the menibership of 600 members. P�iuch of the additional money �is ciianneled i:hrouah our events and programs U!e sC7end in the ne�ighhorhood of �10,000 a yea�° ir snonsoring youth� activities; that basically is from bin�o. I�vouldn't ��ant ii te be said that we don't use money from this fund to im;;rove our faciliti�s. 41e do. !de do spend a nreat deal of it in char-itable activities, and I am sur�e some o� the other aroups do also. 4Je also spend a cuns�iderable amount of money in co�nmunity activity throuahoui. �he area. We are also aavare of tl}e sitication that cccurred in St:. Paul. We feel that ti•�e run the gairie and tf7� ki nd of �E r7�nie tha t shuul d he run and� w i sh that everybo�dy el se woul d �� t�e deiny the sai��e. 'v!e use our own peoplE, a�� vre have control � of the name. It is our building, our� proqrain, anJ ��re Uian� to run it. 6�1e I�ave studied the�si.atutes and have �found no quarrel ,�rith it �vYia±soever. Yle fePl that �v�e have conformetl to what: is in the statutes for several years. The City !�,ttci�ncy said tf�iat perhaps it would be t��il that betv��en ncw ar,d the next meeting the Council and the si:aff nei tonether and ao throuqh tihis. Per��aps a sum!nary � of what the law requires a munici��ality to do. The Citv Attorne_y further s±ated thai � in h�s memoranduni ai least yearly the oi��anizati�>ns n�ust submit to the Cit;y the reports that arc enumr_rated in Section 1�1. Ti7e s�tatu�te aiso requires the orcanizations to keep monthl_y re�orts as io their incooie and expenditures, and, as 1 sug�ested � in my memoran�un'�, the C;ty minht: want c:onies to send to soi,�el�orly in the administration. � � �� REGULAR COUNCIL MEETIfdG OF P9AY 17, 1976 PAGE 7 I Also, whether the City wili or wou7d want to have the narnes of those persons from the organizations, or other qualified persons, lvho vrork the crames submitted to the Council so that the administration would know who are the people that are authorized to work at these games. This might be another area that could be relevant. ' Mayor Nee inquired if there is a general consensus that we could adopt it with a zero � in the licensing 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 atlditional regulations over and above what the statutes require if the ma,jority of the Council fee7s they t,ant to have additional re�ulations; that has a blank number also. The City Attorney went on to say that he imanines that the City would further restrict the number cf games that could be held below the 104 finure. He assur�es from the way the statute is written that the City would further restrict the amount of money that can be giver out on any qame or both, and could also restrict the hours. The City Atto�°ney said that as he reads the statutes the lenislatur� is giving the minirnum reqc�ired, but the Council has the authority to be more restrictive. In response to the Playor°'s question, the City attornev said that in the case of a chur�ch wliich or�ly wan�ted it for orie tii�e ii possibi,y �o�ai�i be handle� �in a inanner similai° to auctions where there is an annual fee. P4r. Richard French said the �roi�ps that operate in fridley don't nresent a problem to the City. �'�hey run the�nselves. The problem was clearly pointed out in St. Paul �•�here they rented the building to �ther people and let other people i�un the �ame. He stated that he krie�a of one that runs seven ninhts a v�eek, and that. is �xcessive. Two nic�hts a weel: is r�alistic. ihey would take in hu�e sums af n�oney on some ni�hts, and much would be bl�d off by the people for non-comriunity or non-char�itable purposes. f�ayor f�ee incuired ahout hav�ing a first readin� and then cleaning it up so as to oet into the correct legal position. D10TIOP; hy Council�,vorrai� Kul<owski to vaaiv� the reading antl adopt the ordinance on first reading. Seconded k,y Coui�cilman Sta�°vdalt. The City Attor�ney said that if the Council intended to act on the secor.d reading that the Council will have to �ive sorne d�irections i� it wants sor.�e additional changes or some additions to be n�ade. P�layci�� Nee rep7ied that there mr�ill be soe�e discussion of this matter nex.t ��londay night, wf�ich is nct a regular council meeting niyht, but all are welco�me to attend, mainly with r-e��er•crce to the licensirzq fees. Mr. Richarc FrEneh said t;hat they orerate t��;o ni�alrts a week; that it is a lot of �vork, and it takes quite a large number of people to run the session if �it is to be run prope�°ly; i�.hat $12 a session iriakes i� a bit of a prohle�� i;o oet helo. Mr. Ricliard French said that �-ahen you have 6�0 menibers and fi0Q wives and this is constantly changing, it may present some problems for you. He further stated that in a nr�oup of tiie size thai: he represents there is a turnovei- of ;�eot�le almost on a const�nt basis. iie and his orqanization would like to see it held strictly to the members or their spouses, PJo outsiders. The City {i�t.orney said there is a provision in the statute that �aould nermit peo�le other than members and their wives, but this mi�ht be one area where the Council could be m�re restrictive. Upon a vci�e vote, all voting aye, f1ayor fJee declared the motion carried unanimousiy. COfJSIDERATIOfJ OF APPROVAL OF FI�J64L PI_AT SUE�DIVIStON P.S. k76-��3, LEIGIi TERRACE, 6Y LEIGFI I1�!`dC�T�1FtdTS, IflC.�, 6�f1ERALLY LO��,TtD 4!ESl SIDE OF IfIT�R��CTI�N OF OSL'ORNE ROAD AP� D E� ST R I V E R ROAD :------------------------ — --- _—_ The Public l�lorks Director said this is the final plat, and t�+e had a public hearing on it on flay i0. This is generally located on the west side of the inter�section,of Osborne Rcad and East River Road, and it consists of 11 lots. It should be noted that if the plat is aclopted or approved there are thrae lots north of Osborne that do not meet the rer,uirement of 9,000 square feet. The Plarning Commission recommended approval with the n.inimum number of square feet on the three lni:s based on the fact that the St. Paul 4ater t�lorks owns the property north of these lots and the area will remain open space and ii �ri'il be usable b,y the prooerty oo-n�ers. The St. Paul Dlater Works is the fee owner of the propert,y, and it is in no way includeci in the proposal. It was only considered due to the fact that it will remain essentiall,y open space and REGULAR COUNCIL MEETIPJG OF MAY 17, 1976 PAGE 8 ��tF to the passers-by it will look like park pronerty. The Uasic plat was worked out with the developer and the County and the City in re�ard to the proposed improvement af Osborne Road and East River Road. The developer has provicied the necessary riqht-of-way and one of the stipulations is there should be a ten-foot sidewalk easement along East River Road. �1r. Doyle is here. Councilman Fitzpatrick asked if the administr�ation had an.y other recommendations or stipulations to make concerninq the plat. The Public U!orks Director said no. The Public t^!ot°ks Director said that he understands that another stipulation is that the developer proceed with attaching b,y covenant the possiUility of use of the St. Paul Water Department property to the developer's property. The City Attor.ney replied that he thouyht that that could not be done. At the best they 4�rould have a wrii;ten �mderstanding �vith the St. Pau7 t�later Works that they could use the property, but that permission could bc terminated l�henever the St. Paul Water Works wanted to terminate it. As a pi�actical matter, the City Attorney said, the sit�.aation has been there for 100 years, and that he imagines that the Council could use �fltit as a reason for granting a variance with the understandinq and that if wi�oever �aould ovan the lands wanted to maintain the area for ope�z space that: St. Paul �rould not tei,+�inate t.he arranc�ement Uiii�SS SGIiiGi;iliii� V�l"ji JI"iu�uu� 'vJOUi� f1dN7"cii. - . � . Mr. Doyle said that his plan v�as to put in a temporary, �rlveled street until the street improJements could be worb;ed out by tV��e City. AS far as he is concerned, he can see no reason why the traffic cannot go back and exit on -��almadae or 75th W�y. To begin wit:h, the City A,lministrat-ion is qoinq t.o ne�d soil,e �time to fit it in with i:he state aid requirements. lr" they can qet if: done this ycar, fiine. The Public Works DirPCtor said thcy ai°e workii�q on that. In the petition there is a statemnnt 1:}�at he wants the roadway iriproved and the assessr�ent placed a�ainst the 11 lots. A public heai°ing wo�i1d not be r�quired. Mr..Doy.le asl<ed that the name Osbo7°ne Road be chanqed to Oshorne I-iay. P10TiC��! by Councilman ��itzpatr�icl< to �ppr�ove final plat subdiv�ision F.S. �N76�03, anJ� grant the necessary variances wit:h the fi�ollowing sti��ulations: l. A�ten-foot sidewalk easemei�t alonq East Riv�r Road. 2. 7hat: the new pi°opei°ty owners be noi:ified that tihe exii of �sbor°ne Way or�ito East River Road wou'd be harricaded unt.il the c�n,pletion ofi the impri�vement of �he ir,tersection after� which improve;;;eni; Osborne UJa,y� tvould corinec,�t orito East River Road. 3. The developer pu�,sue the possibility of underqround uCilities. Seconded by Councilman Hainernik. Upon a voice vote, all votina aye, P^ay�r Nee declared the niotion cat°ried unaniiriouslv. RECEIVING THE �1IfdUTES Of- TI;E PLAP�IPlING C0��1f1TST�f�! M[ETING OF P1AY 5, 197G: C0�1ST[lE(tl\TIOPi OF APP� /�L 5 CO"1'115S70N P1INUTE 5 OF A°Rl:l 'Z7 1976: A. C. P1ATTSON, 6270 R1VIEld TERR/10E: � The Public Works Director statcd tha� this -is a re�'.�uest �E�or a sideyard variance � from ten feet to six feet, and the mattcr is hefore the Counril as a result of a unanimous vote of the l3oard of P�{�peals. �ihe petitioner states that because of� an er�r�or in lot width it has necessitat�d this i�equest for the var�iaiice. hir. P1attson is present. Mr. Mat�son explained thc, difficulties in p�lac�ii�� h�is house and gara�� on the lot. Primarily it stemmed fron�i the lot beinn alniost four feet le�ss in widt.h than he was led to believe at the i.ime V�e bouqht it. 4�OTIOPJ by Counciliran Fitzpatrick to concur uith the recommendation of the [3oard of Appeals t� approve the varianc�. Seconded by Counc�lman H��mernik. Upon a voice vote, all voting aye, f�layor Nee declared ihe moi;ion rarried unanimously. i � I �� i � � � � � � . i �� J �. � � � �� REGULAF. COUNCIL P1EETING OF MAY 17, 1976 FF.IDLEY VFW, 1040 OSGORP7E ROAD: PAGE 9 The P«blic blorks Director said this was a r°equest for a variance or reduction in the distance from a public right-of-vaay to a sinn froin ten feet to seven feet. A new sidewalk is proposed for the structure and there would be apnroximately two feet. between the sidewalk and the existinn sign or seven feet from the ri9hi.-of-way to t.hat sign. The sian is basically a brick structure in the shape of a V to indicate VFtJ post, and it ��ould have a flaq pole s�milar to the one at the City Hall. t�10T10N by Councilman Hamernik to grant the variance. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye> Mayor fdee declared the motion carried unarimously. R06CRT DEG/1RDNEP,, ZOA �76-07_; 6431 TH,-'`65, R-3A TO CR-':: The Public idorks Director said that tfie Planning Cornmission did reconunend denial basE�d on the fact the surreundina area is residential and that some objections have been noted by prope��t,y ov!ners. The Cit,y Attorney said that a public hearin� could be field. P1r. DeGardner said that he �vould like a public hearing on the pi°oposal. He �,aid the gro�mds on t��hich the Planninn Com�nission rejected the prorosal �•�ere son��etn i ��y tiiat iie d i dn' �i, a��ree ,w�i ih, ano he wuu I a 1 i F:e to snov�� tne P1ayor and the Couiicil the building he has in mind fior the area, and try to shov, that.maybe this area is not residential. ^1r. DeGardner continued by sayin� that he talked to i:he ni°opPrty owners to the nor:h, and that the i�ouses on the east side of 65 are residentlal. The people on ;he corner of �tississippi and Central Avenue have beeri�anproached many times for rezonin� �heir propei°ty and they viere always opnosPd to it. The one immediately to �:he nortn is in �Pavor of Che proposal, ��hich is to put: a prefessional building in. 1he area is zored mu1tiple d�-ie�iling now, and in his estirnat.ion it is a dovan-grading of ihe zoninq. f�OT[ON by Councilman Stai•ivalt to set a public he�u°ir:�� in this mai;ter on June 14, 197ii. Secor,ded k,y Co�.ancil��o,�ai� Kul:o4;�ski. lipon a voicE vote, all votinq aye, P9ayor �lee declared the nu�tion carrietl un�nimously. HEA�-HCR HILL.S 3RD AD•JITIOfJ; P.S. �t76-0�'�, P1IK.F 0'CsAMPION: �1(�T�"ORJ by Counc�ilman St�r��r�lt to srt. up a publ�c he�3rin�� for June 14, 1976. Seconded by i;ouncil�voinan I<uko�,,ski. Upon a voice vot:e, all voting aye, �^a��or Piee �eclared tl�e i�iot�ion carried unanir�ously. RFC,EIV[NG f1INI.ITES Of THF POLICE CIVI� S�R��ICE COf°MISSION I^[LTI�� OF �'I!Y �-, 1976: P10TT0�1 by Cour�r.ilNroman Kukowski to receive thP minu��s. Seconded by Councilivai� F�itzpatrick. �I��on a voice vote, al�! vot�inr, aye, f1a�or Nee declared the mo�tion carried unanim�usly. RESOLUfIOPJ "�0. 4�4�-197o ORDERIilG I��i�'ROVEf1[��PdT, APPR�'JAL OF PLAP�S �PdD ADUFRTIS:NG FOR — ------ E3IDS _ STf'CET If'Pf'udl:�1[ 'T f'i2QJE(,"f ST. 1976-10 SEA! COIITI^l� • -- - � .---------- The Pu�lic. b,�oi°ks Dir•ecY.or stated this is a maintenance nro m,am to keep the streets in an impr�oved condition and to prevenY excessive rep��ir. Tne v�orl; can be done in a couple of days, ai;d it sets up in a week to t.en days, and to date there fiave not been c�mplair-�r_s. MOTIO�i by Councilman Fitzpatrick to ado��t Resolution No. 4�-1976. Secor,ded by Councilv,oman Kukowski. Upon a voice vote, all ��otina a,ye, Mayor Nee declared the motion carried in�animously. RESOLUTIOf� td0. 45-19ifi AUi�If�1FI7IPJ� ANl7 DIR[CTIPlG TNF SPLITTING OF SPtCIAL ASSESSI�4ENTS ----- --- - --- ---- --- ------ ON LOTS f, ?, L'LOCK �, OflA''.dGIY A�DITIOrl: �10TIOPJ by Council��oi?ian Y.uko�,vski ta adont Resolution Mo. 45-1975. Seconded by Councilman Starvralt. Upon a voice vote, all votina aye, hiayor flee declared th� motion carried unanir�ously. . �� REGULAR COUNCIL 41EETING OF �1AY 17, 1976 CONSIDEP.ATION OF SELLIPI� LOTS 10 Af�lD 11, QLpCf: b, QAK GR(lVE ADDITIOPl: PAGE 10 P1r. Qrunsell, the Finnnce Dir�ector, said that the City did sell part of that property previously, but ti�e Ci+y still o��ms lots 10 and 11. The two lots would make a very nice building site. The Public Works Director said that these three lots were a waterway at one time. They were filled in> and there was a feeliny that lots 12 and 13, no�� built upon, vrere perhaps filled in hiyher than i.l�ey should be. The lot on McKinley in the last wet year encountered a wat,er proble,n. The Public btorks Director saitl that all alonn the v�hole east line of Lot 10 �hrounh basically half ofi Lot 1'L thei,e ��as a s��ale. There is a s�•�ale to the east on t�ie short side of Lot 8 of Clark's Addition and it nroceeds sout:herly alonn ihe east side of� Lot F3 to tie into the existinn storm sewer. He siated that he had heen in contact with thr ��erson i�a��inq ik�e ��.ater p�roblen�, bu'� there is no ��t�oblei��. He has not seen evidence of a ��ret ba�er::ent and �-ae have the r�:cilities to take away the �-�ater. 61e have yet Co see the ditch filled. The Public 4lorks Director stated that he feels the drainaqe problem�is solved, but he u�ill contacl: the ner-se,� and have a talk with�him. �hn �i�`' ...,-13r�� .::,:i �. _.� .;_� ..._ .-. _ . . , � n_ r� 1�- � i��n��SUhi i3Y�"��.i: ❑� Gui,dlneu i),/ Lil� b1CJdll`ly DY"OC�SS is not e��ouyh, tl,en the or�ic�. can be rejected. t�10TI0�d by Councilman Star�,ialt to ronsic�er t.he lots as surnlus ar�d scll them by a sealed bid orc�cess. Secoi�ded by Co�u�cil��omari Kukowsl:i. Upon a voice vote, all votir�q aye, P1a.yor Nee declared �i�e i�.�otion carried una+�in�ousl��. COfv'SIUERATIOn! OF ES7Ji�ATL=S: f�101I�)�J by �ounciln�an F> >patr�c� to pay th� csP.im�te f��r F,�ri1 1916 for Pro,ecu�tor Car 1 fde�,�quist in tf�,e a ��m�t or `;l ,205.0� ai�rf f��r 1�:r�yi1 Herricl , Citv Ati;or�ney in i;he amount of $1,551.13 as suhm�ii:ted. Seconde� b�� Council�,;o;��.an K!ikotv;{;i. Upon a voice vpi;e, all votinr� a��e, �1ayor ^;ee r�clared tl��e nioiion cai•ried unani!�iously. � ct_r�lr�s: P10TIO;V by Counc;ltiao,��an Kuko�vs{<i to pay 1;he claiF,�� fJo. 1�70� - 1P91o. Seconded by Counciln�an Starwalt. Upon a voice ��ote, all votir�r aye, P1ayor f�lee declared thc e�otion carried unanimously. LTCE"JSFS: M07�I0'rd by Co!incilinan Si.arvaalt tr� q�°ant the reauest of the Fi��dle�i Firefic;htei°s' � Assoc�iat?on for �a tempo�:��ai�y 1��nse to se�ll 3.2 t;eer a�i��a to i�ra�iv� the fee, Seconded by Counci 1GVOman Kul:ot��ki . Upon a voi ce v�te, al1 voti nn aye> �layor i�lee declareci� i:he motion cari°ic�d unanim��usiv. � � P10TION by. Counci l�n�n Si:ar��ial � io anp�°ove the �I i cen �es as subin�i tted and as on fi 1 e i n the o�f�fi�ic�� oP tl�ie Cit:y Cl�i��k. Second�d bv Counci ia�oo;�ri f;ukowsk+. Upon a voice vot��, all votinr aye, Ma,yor Pler c!eclared 1he mot�ion �ar-r�ied unanimously. AP!'OTi�lTC4LNT: CITY rP�1Pt�+�EE: � P10TION by Coimcil�,�oman Ku4.o�.�ski i:o conc,;r va�i±n i:he aunointmer�t. Secor��ded f�y Councilti��an Hainer�riik. �Upor; a vo�ice vote, all votinn aye, '��Iayoi� f!ee declared the rnotion clrr�ied unai�imousl,y. �lAPi� Elaine J. l�ibbetts 1�550 C�dar Drive N.W. Cedar, 1�linnesota 55011 POSIIIOPJ Clerk Tvnist City P1ananement: Dena�°tinent (Grade 5) E1=FECIIVE SA!_ARY DATE REPLACES �595 ��ay 10, � � V�elen Fanin oer 1 �7F; �lonth � } � � � � � � � � � CORRESPO�dDENCE: � -- ___ ___ � CAQLF�IF1_iVISI�N COf1riIS �ON CI�BLE �Ef�INAR: --- — —_ _ -- M�JTION by Counci1man fifi�U tr�c�: tha� the Ci�y undc t�rit;e the cost of }�avin� a coem�itiee � c meinbFr atter�d th� sem�rur at Ai.lant�� Geoi�qi� on Jan 3rd and 4�n_ Sec�nde� by Cour�cilman � Hamernik. Upon a vn�ce vote, founciln�an Star��alt ��nd Councilwo��-an Kukov�ski votii�g nay, ��1ayoi� � Nee ask��l the Ciiy A�.:torn�y to c.h�c4; whc�ther a 3 to 2 vote is sufficicrit to adopt the mot�ion. � � MOTION by Coiinci1�aon_�.in 4u� ��.sk� io p��°ove �^ayoi� rlee afite�idina ihe Con�ressional Sub-Committee �eetinc� on Ca.ble TV in �!ashingi.�n. D.�. S�rorded by Councileian Fitzoati°ick. 11��on a voice vote, aJi voting aye, P1ayor �dee declared th� motion cai�ried unanimously. � ' � f� � REGULAR COUNCIL t1EETINf Of �1AY 17, 1976 PAGE 11 DISCUSSION R[GARDING P1TC TRAPlSIT SHELIERS: ltayor iJee said that the staff did a fine .job in securinn the cooperation of the P1etropolitan Transit Commission and in �ettinn us the nur�.ber of shelters initially requested. He asked that a letter of thanks be written to 'layor f�la��mocLi. r^OTIOfd bY Councilman Star��alt that staff prepare a letter of thanks to �layor Natvrocki for '1ayor �lee's sionature. Seconded by Councilman Hamernik. Unon a voice vote, all votin� aye, "layor Nee declar•ed the niotion carried unanimously. DISCUSSIO�! REGA�DING PARK, PROPERTY Al� IPJiIS6RUCK PlORTH P.4RK: The Council instructed the staff not to sell the tax for°Feit nroperty abut.tin� Gardena Avenue this year. They are to revie�� for sale sometir�e in the futu�°e. ADJOt;RP1MEfdT: MOTIO'V by Co�.mcilwoman Kukotvsk? the meetin� be adjourned. Seconded by Counciln�art Fit�Patr�ic6:. ilr.,nn � voi�e ��ote, a?1 v�±inn =v�, r�. �° P;es d�,:l�red th� ire±ior; c,�,°ieu (1? �4 unanimausly and the Recrular Pleetinn of the Fridlev City Councii of ^iay i7, 1976u acijourned at 11:12 P.P1. Res�ecLfully suh�:itted, Jof�in Chenv;yn Counc�il SFcretary Approved: 4!illiam J. t;'ec °':avor COPlTINUATION OF THE 60ARD OF REVIEI�J PIEETIPdG OF f�IAY 2.�, 1976 � � � � CONTINtfATIO(� OF THC BOFtRD OF REUIEI�I ��IEETING OF MAY 24, 1976 The annual Qoard of Revicw meeting was continued at 7:35 p.m. on June 1, 1976, by Council�,�oman Kukowski chairing the meeting in the absence of Mayor Nee. The audience joined with the 6oard of Review in giving the Pledge of Allegiance. ATTENDANCE � Roll ca�il vaas taken. Present were Mayor Pro Tem Kukowski; Councilman Hamernik, Councilman Starwalt, and Councilman Fitzpatric4:; Nasim Qureshi, City Manager; Mervin Flerrmann, City l�ssessor; Leon Madsen, Deputy Assessor; Walter Mulcahy, � City Appraiser; and Gordon Starkey, representing the Anok� County Assessor's of�ice. � h10�1�I0N by CouncilGVOtnan Kukowski to approve the minutes of the Board of Revieva iIT�E �1 �1y C£ �`"�� n �� Q;75. C("'r�pC.{�� '�� C�Ut?^11In;�n Ctarl.r�� t, II�O!1 � ��p� CP yOt.P g all votii�g aye, the motianVwas carrieci unanTmously. � Nr. Herrniann expla.�ined �hat the Qaard of Review at i�s m�etirg or May 24 had request��d the Assessor`s off'ice to prepare fact sheets on certain properties on whicl�i q��estions had been raise�i, ancl ta �r��ent these fact sheets and their � rer.a„Tmendations r°egardi�ic� the valuaiions on t}-�ese pro�erties to the Board of Revier� ai �his tim�. � � � � � � � �� ITCh1 i�0. 1--L��i:4l;r�s I�iC. , aE01 Eti'ST �I�tER R�1l1D (AU[)ITO°' S SUSDIVISION N0. . 78, PA(;C;f_-i ?f'�E� , PLr'tT 5�� : 5� ; ,4:eJ ��r�t � OF'�( 22 . P�,ft�: tet ?p� g r�� r 5��)2? ) _ -- --- Mr. Herr�l�ann ment�i ar�e�i tha.t tf�� 1 and f�r ��i ct;es s��l d for $1 . 2F per squat�e foot i n �oveniber°, 1970, anci G i E Sy�i v�r��i a so? d�Fa� �1 . 2�? pQf° square foo t i n��ovember, 197�+. Wi ckes i s ba �h a a•��:rehouse and � re tai l s tare �:,r,d GTE Syl vani a i s a wure- house only. At thf� tin?e �ar�lau��, Inc. does nct havn �:��eir pro��ert�r fully uti 1 i zeci anci ac L�u11y 1�ss than f`i f%y peY, c�r�t o-f thei �� 1 ard i s bei ng used. lVor•�„a11y vacant prope��f,y is g�i�°c�z a re�uc��ic}� tat.�ar•ds th�.� �ost of devel�pment of the prop2r��ty con�pareci ��o ��r°of7e��t�� a1Y��ady c;ev�lo��u. roi� this reason thE� Rs�esscr's offir.� ;�ecr:��crdtd ��actiorr o� �1�2,�00----a ;10,400 reduction on Parcei 200, Section 22, <and a$132,10« rcd«c�ti�n on Parcel 2�.?�5, Auditor's Subdi vi s i on N�. 7�. Ti;i s rcc�ucti ar� a�?�aEan�s �f:o a,�prox-iniat;cly three per cent ofi the �i;otal va�iUation. ',��°r Mr. Herr�iiann also �r;entiorera tha� L�7P7azrr, Inc. has 'not �een ak�le to obtain corr- p�l ete r°ooi' i nsurar�ce ��s t1�ei r roof i s i n need of add � t� c;�ial .work to make �i t ir�s�irab1^ �yai��st t-rir;d ciai�:-�g�. r�t ti�is tin;e they have cr:ly ,been �j.?�le to in-• sure tl�E� ��o_n� ��-it« a�?_5�,00� deductible clause. A further �reductio� of �180,000 coul c� be al 1 oGded due to thi s fact, but i� 4vou� d noi:� affect thei r acti.�,�l t.�xes next yeai�. For ti�is reason the Ass�ssor`s offi;ce did not recoi�„n� r�d tl�i s furcthr�r r��iuc t�i or� ai: th i s ti me, b+.�t sai ci the condi ti on of the r�c�o ��v i 11 be iaken i r� �o corts i d�r��ti on �Nhen th� val uati ot� i s�l aced on the �roperty for January 2, 1977. _ � 1 P��ye 2 Minutes of Continuation of Board e�f Review �"ceei�ng June 1, 1976 � � � � � � � IJ � � 1 LJ � I � �— Mr. Wallace Johns�n, representing LaP�iaur, Inc., mentioned the fact that a portion af their property has be�n sold as an easement to l�noka County for roadway �urposes, and Laf�iaur and the flssessot�'s office had already agreed on a reduction due to this situatio��, so actually the reduction in value is only about �120,OU0 after the value for the roadway has i�een removed frcm their total valuation. Mr. Johnson said that LaMaur, Inc. agrees with the Assessor's rec�mmendati�n. MO�ION by Councilrnan Fit.zpatrick tc� concur with the recomm�ndation of the �issessor's of�i`ice and all�w a re�uction o�' $142,500 on the tc�tal valuation of LaMa��r, Inc. Seconded b�� Co�Encilman Hamernik. Upon a voice vote, all voting aye, Nayor Pro Tem Kukoti��ski declarecf the motion carried unanirnously. 1TEM ;�0. 4--N�_r!�ZY L1:I�ii�1LR5 �EU>i CALiFUP.f�•lI�1 S1�I:EE�1" NOR�CHEAS�t (LOT 3, BLUCK 1, WI�SOf� ADDITI0��4 PAf?rt_L IOC, f LAT 5�5921 Mr. 'r{errmann s i ai;ed thai, ai� apprai ser i rom tf�� /'assessar `s of i i ce had made a physical reapprais�al c�% this prop�rt.y and basec� on the lc�ation of the prop�rty ancl f.he nAigf�bort��c�rl, a�l yQQQ to ; 2,C�00 �°e�uction in total r��arket valuatior� is reco;��re�ided. � h�0�i1:Of�! by Counc71n2an F1tZ�dLY�ick to allow a$2,G00 reduct�on in the est�imated n�a��l;ei v�lue or� �his pro�erty bec�s�se o-F the po:�r� �location. Seconded by Gounc�iln�,�n ��a�?�c�rnik. Jper; a��oice ��otc, a�ll vo�ting aye, h1ayor Pro Tem K�.�kr,wski CiMC��}"eCi Lfl� Cil(',�:10�i C�1"i"'IEC? l!i1ciPiifilCtUS'l�'. TT`I`i r`e�!. T--�j�,�{��i� urt�{I�YC) hiG i IOfd by Cou��ci 1 rr,��n Str�rw�!1 �t; to �aG�i e co�1s ��e�~��ci c�i� ari �;I-�esc properti es ti 11 Mr. Har��is ��;�pf�ar��d o�� u��i,�i1 aii o�.§�� aten�s ue;�!c�r cor!sid€�ration at t:his me��:- i ng h��e bc�n ta!;en c�re ai�. S�cor��; by Cot�n�:i ?n��ar� l�am�rn�i k, llpon � a voi ce vote, aifi vo�ii�c� aye, P��S-o,w E'}�:o "�er�i lCuE;o;f:�sk7 o�cla�,�ci if�e macion carried unani- nwus�ly. (Mayor (�e� arr�iv�d ��t. 7:'��5 p,�Ti, ) ITEI�i ;�;0. 9---t:AE'�1:.�1_ GT�'ePdCC��./1, 10� NARTI�iI�,f� CIRC�_.L (LOT 3, B�OCK 2, Sl1NDNURS'f ADDI1"IOf�, P;°�,�?(s��L. 52t��, F'!..i'�T 5�,�?45) l�I�FP�1 NQ. 1(i-�-�)Ofi(V 11�'•�� C�1��O� �EAULTEII, 1?_9 �i�iR1�MR�! ��R'.;LE (LOT 8, 6LOCK 2, SA�v`i��iilf;:�T_ADDII_i0��___FAR+:;L-1.__7'LOy PLP,T 5Fy�5) 'i�i��=��? i'�(}� ��1--RAY[�iCalV[? J. Afd��RSO!�, 125 I-►Ai�T(��A�d CIRC�.E �LO7 7, $LOCK 2, �'I��r)I'�!R>`F A[;D1'1_.Ot'�, f?/�f:,;E�_ 680, Pi_�1'1"�r�94-5� ____---. __________ ____ Tf�� Laard af Rev�i e�,,� dei.�a ted vahet'rier these i tems sho�.al d be t�ol ed i n case any of tl�e pr�a;aer��y ot�,�,�r�rs ccr,cernecl mig�,t y�t app�a�� at the meetirg, uut decided ta cor7sicier t:�-�ese E��•oper�i;ins hecausc tf��y fe:t �he.y llaci no further questions to ask the pt�op.�r�ty o��rr��A�. t � � � � � Page 3 P�linutes of Continuation of Qoard of Review Meeting June 1, 197b h1r. Herrmann stated that �ue to tne longer time it seems to take to find buyer�s for properties ?ocated in a higher tra.-�ric ar•ea, it could perhaps be justif=i�d to allaw u five to eigr�t p�t° cent reduction in estimated market vaiue, but it would ►�o� affect the actual tax they are pay�ng in 1976 based on the limited value. Cour�ciln�an Hamernik questioned if there is any need or justification for a reduct;ion in the est�imated markcet valua�ions on thQse proper'ties, as com- parabTe sales in the area were higher tf�an the valuations placed on the properties by i;he /lssessor's office. _ � Mr�. He►�r;nann sai d thai, these properti es t��nes ,��t on the m?rkPt. for a neriod r�f ar�d later are �gair�� put up far sa1e. do take longer to sell and are some- tim�, then are �taken off the maNket, � ��layor f��>e q�est�or�� f�y, v�l��ln ar� actual pr��ert:y sold -Far less than the esti- mated mar��et value {��Ea��d on tl�e �Yo��r�y by tfje /�ssessor, sh�uld the valuatior► not bF: red«crd to �h�: amount �f the sel 1 i r��g pri ce. �{e fel t i t is unfai r to � have << �ra! uati o�� cn a properi`y hi gher than �he actual sel l i ng pr-i ce because ihn scl i"ltl� �)t"iC� ��,J�s �Arh�� tf-;� �� operty vaas wortf� to the owner. � ' , � � � � P�1r. Q�,resr�i pci ►�i;Er c�� ` an ex.. �r,�.? ��rhereby i der�ti cal taa��r�hQUSes � n the Inns- bri.ici< <�;c?p•t:h area ��.-�� sold fc�i� as ��uch as �+,000 dififcrcnce. �y'iihin any qdY'+1CL!�dY` c1t�C'.a' SOI�;L' j)Y'O��Y'�'E � tic?�� fdf 171+J}�r�. f;ildYi t`,(?�� E�l.'iillai.2Ci il'�d.i"�Cei: val u;� a�,d sc��r<<v se i 1 f Gr 1�ss . O ti= the �hr°e� pr��;��;� ..-; k�; bei ng di �cussed, CE�i��cilrr��xn St�.rUaalt p��€n��c�d ��t i:i�a� al�i�;��,T�� on� prU�;�rty sold ��er iess than tl�e est.irnated m�zi��6:��c �,�a�u�,� ��er,tr�� sc�� c�r� �� k:k�sar �f��e va.luat�io►�. N1�. HeE�rmar�n sai �! �t{i�;� a; l of �;�i� homes � we�� ;ve�l 1 con��.-i r��c�e� . h1r. f�ladse�� po�intec� ou�t� tha�(; if e�er=.)' pr��ci�,ur��y vv��s g�iver� a val;�ation bas�d or� tl�e� sel 1 i r�y pri c� ,�l:h�re v�r�u1 c� t�e no eoua�i ��;.y �n,�ouc�hu�.!f: t.hE� Ci ty. A�t 1 State and a��{�ra7 sal �>>�gar�s�i z«ti or�s are fi r�rn i�� 4}�� t� b�l ��fi tha� va� i�a�;i on> must be basec? t,� a n:�i?�be� rf s�tl�s of cc��:��a�^��1� E�f�t��°t�ie� ar,a rc�t; or, ari,y one i r7di vi c!;.�al s� i e y b��causn t.herr� ar�e s��, m�E�7� i n��i v�i �ual �acf:ors i�nvol ved i n each sal �. I 1�7c�rc, t�i 1�i he an �ct�; ,� i physi c:<�1 reE:v� � uati ar� ef these ,r,roperi:i es i n i9IS. Cou��c-i �1�,,,� n Fi trnat:�i ct: fel t�ha.t F.��en t;1�o�,gh ��11 thc p�,operty owners in thi s are�� cii d not �p; �,=.ar- at �ta�� ac�aru of Rev�i et�� me�� ti ng, i t ��oul d be unf�i r to al l oti•a a rr.�c!t�cti c�n i r� �� sc i ecte�i f�e��J propw��ti F. ; anc� ��o ��cluce the va1 uation of a i 1 pro�e•r�ti es ;�ffec::cd by t.h�� sam� fact.�r, of no i s� ane� traffi c. Hi s feel i ��n ��as i.:��at par�i.;i cul zr atj.:enti on shoul d b� gi ve� i n appra-i si ng a11 properFies �vhicii ar°F= Ieca�ed ii� hic�h traffic a��d t�oisc-� areas, no�:ing also that they t��.h� lor�n��° ta s�ll, sa that none oi� i:hese pr•operties are over- valued. P�r. Her�i�n�a��r; sai� t�hat Universit:y �',vc�nue, Ea.st Ri��er Road, Highway No. G5, an� Frce�,�ay �a:�. 694� have bne►� cor�sidet��ed F�igt� �raffic areas. P�ii �s i ssi py�i S�reet ��ras cxami t�ed pa►°ti c«1 «rl,y ane year• t�ecaus� of cornp1 ai nts c�� t�e �r�af'� ic, bir�c i� 4vas ci-isco�✓er•e�i that sel� ing priccs were above the e_s�i�na�l�.ed m�ark�t v��]uat-ions so �:his did rot prove to l�� a fac�or. � � !__J � � � Page 4 Minutes of Continuation of Board Qf Review Meet-ing June 1, 1976 Councilvloman Kukowski as4%ed if the Board of Reviei�r felt that any one dual proper�y could be single� oui as having a greater problem, and Mr. Herrmar��n repeated that a11 af the properties concerned were nice indivi- homes. MOTION by Councilman Fitzpatrick to concur ��rith the Assessor's original market vaivations on these properties, but that �:he administration be in- structecl to review the market value of all homes affected by thoroughfares, based on the problems that have been discussed at th2 6oard of Review meeting. Seconcieu by Councilman Starv,�alt. Upoi� a voice voie, al� voting aye, htayor Nee c�ec1ared the motion car��ried unanin�ously. Ma;�or f�ee requested that a letter be sent te each o� the three property ohmers � Gnder dz scuss � on to ad��i se tl�em that no red�c�;i on a:�as made i n thei r present valuation bECause it would have made r�o difference in their taxes for this year, b�t thai a s�udy is to be niade of thn va�uat�ions placed on al� homes � loca.ted on high traffic tharoughFares to be sure th,-tt �he properties are not over-val��ed. � ITF��'� PtO.-14--GEC?GE G�COPdy 1336 Ni�LC(:EST (LOTS 2i AN7 22, PLOCK 3, MOORE LAKE kliL�.S RDDITTO%�,_ Pt�RCF�i.. 1250, PLAT 56£��G) Du�� to the fact thai i n revi e;Fri ng Nr. [3acor,'s properi.y apprai sal card an , errar k�as di scove��ecl i n se�i ecti ng the prop�r rate on tf�e. 1�75 assessment 5 tP�e recam:��enda�ion ofi �the �ssessor's afi ice is t:o ��c�°��ce the value of t:his pro�c,�ty froni $�3,56� �;o $�5i,1�0, a rEd!�c�io.� o� `�2,1�1Q. This is the amour�t � of th� c�v�r--val ��aii on. The E��•ror ��vi 1�1 r�ot af��ec � tl�i^ tax p�yabl �� i�� i 97G because th� 1 im�i tFCi va i ue i s sti 1� 1 es� �han ��c cclr��ci;ed !r.arket: val ue. � � , , , h10�rI0N by Cou��c�i lil�an Stat��<<�1 t to t�edeec� tV�e es� ir�a�t�u�i marl:et va i ue of thi s f�t'o�'�'Y'�Y �Y �2g41G, �ahict� y-.�i11 curt�eci t�� er�ror r,�c�c ir-E the rate. S�cand,ed. by Co�,!��cilrr�a�� Fl�rr��rt7il:. Up;�rR ��voicc� vt�-�e, a11 ��o��ir7� a�re, P�iay�r- Nee dec;lur�:d thc� r�o�io�� curriccl un��.nirno��sly. ITLh9 fv0. 15--htP,�:��E�'' i�1.AYER, 7431 I1BLE STf�EET NO4�j�!-Ic��ST (LOT 73, B�_OCK 2, NAGEL'S bJ00D��NDS AD�TTIQ��, !'�,"CLl_ 1950y PE_��-i �G�3rl Due to tl�� fact t:}�a � tr�-i s doubl e bunga7 0��; t�as ��urchased i n 1974 for �36, 5�G arcl �� i�oGV r�ave a mar�ef; val;ie of $3�'T,720 t��ith a 1ii,�ited valu� of $33,665, the �,ss��or's af`�ice rec;nr,;�ends ne ch�nge ii� ti�e ��stim<?ted market value of thi s pra�erty. i"1-�ey are sti 1 l seven ar�c+ one--ha�l f�er cpnt under the ori gi nal se1 i i ng pr�i ce. Co«nci 1 ni�z�� Staraval t state��i ti�ai rie 1 oo�:eci at thi s E�r�of��rty and hacl tal ked to P�irs, P';ayer. i-i�� said i'riai �Ep��n stieing ri�El property, nis ot�;n op?nion was that i�f�e val ue was !�� t toa hi gii for tf��i s duubl e buriyal cw and he had di scussed �thi s �ri th P1�°s. P�1aye►��. Page 5 Minutes of Continuation of 6oard of Review Meeting June 1, 1976 MOTION by Councilman Hamernik io concur with the recommendation of the AssesSOr's office and retain the original es�imated market value on this property. Secorded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM N0. 7--RICHARD HARRIS MOTION by Councilman Ilamernik to discuss at this time tf�e commercial pr�oper- ties belonging to Richard Naf°ris �lhich v��erz tabled earlier in the meeting. Seccnded by Councilmar� Fitzpatrick. Upon a voice vote, all vcting aye, Mayor Nce declared the motion carried unanimously. 13, 15, AND 17 - 77�fH I�AY NQRTfiEF�ST (LOTS 11 AND 26-37, BLOCh 8, ONAWAY nr� rTrnsr nn� r nr^� n p-r �.-,n\ r;uDl � ivr�, �`rliii,l_l_ GUGV, r[_H� �7 �o� � 7710 AND 7720 PYif,Tl� STf�EEI� f�10R`CI-iCRST (LOTS I-1(J, BI_OCK 8, ONIaLJAY ADDITION� PRRCF�. ; 830, P1_AT �; � 8� 7i01 f�i;�I�! �Tr:LET f��Ot`�.THEF,ST (LOT 5, BLOCK 3, EAST R�,NCH EST�TES ?_UD ADDITIUN, PRRCEL 140., _ PLkT 5Gi%5�F� Mr. Her��,mai�n sa�; c( tha� ta�o recen � sal es o � co,r�ar�ab? e 1 a��d i r� th�i s ar�ea i n�li cate an Gverac7e CUY�i�Fnt yoi nc? p�°i ce o i� �1 . 00 p�r squ«re �cat i ncl i�di nc� a;1 stree �> and u i; i 1 i t�i es ��a � u. The 1 y76 v�x l taE��s: oi-� 1 ar�u fo�� chese prop�.r- tie5 ranq�s ;r��rn �.rQ f;o 4�.50 iol� lots ��fhich have struc�ures. For tnis reason, the ,�ss�ssor` s o�r-� �cc rec��n�,er�c�s r�� ;��d!��t�i�n�, on 4he e,�t-ima�ted n�arkei val ues p�{�ced on �these pro�,��ics. Ma��or 14ee qu: sri c�n�c; ��i��}� ,��al 1 er c��rri:�,�<:�;�c s al 1 �ts #��v� <� t� � ghcr squar� foot val ue tr�ar� 1�rg�r 1 of:<�> y and �thi s t�ci ng �t:NaE_� ease ,�yhy i_.af�f��i.ur, for i nstar�ce, he�s n�}t d�i v�ded t;P��ei r 1 a��;i. � P�l, . F�F�rrm�r�n ar�st,�e;�e�� tl�a � ��P�e:�� he f�i rst go� into apprais�ing f�e k��.�d ��ondc�rf��1 <��I�ot.at: t��is s�rr�� .��r�;. iie s�id it just appear�s that son�e� c,��-ar��rs ��refe,� r� scl �l �t,he 1 ar�ci a�i l at once and s�t�,7 e for a pro�� i�t, r,ath�r tp�an di vi elc tf��E� 1 ancl a.i-�.i perha}�� havE� �i;o wai t as 1 ong a� te�� years befor� c; i! �che 10 �s are soi d a�;d a1 1 ti,e pr�ofi t: real i zect, pius ti�e ext:t�a cos�ts o � �al a l:t i M�q, i r;�;r1rest, t;axes , etc. I�I�,. l�lt�dser} r;�,,nti c�n;:c� t'��7t f9r. ltarri s had sa? ci hc w��s �oi n� to bri ng i n t� the Assessor�' s o f�� i ce 'r.h:� f�acts anci i' � cu�°es shot�,r�i ng �he actua i cost of th� r�t ��t�st b!ai 1 cf�i r�� on h�i s F�r�peri:y, buf. t{�at I�� n�vc�r di d com� -i n to the c�ff�i c� or� ca? 1 . M(�;I�GN b�,� Cot�nc�ln�an N�amerr;ik to co��cur witPi the rucorrmenda�l.7ons of the l�ssf�,�o►�'s c,Tfir_e ai�d ma�:�, nc� chanc�es in the estiniatcd ir��rrke� val�aes placed oi� �hes� pr,o,,eriies. See�nc��i t;�� C�unciin��an Si:ar4val�t. U��c,� u voice vote, all vol:ir�� aye, h'layo� i��e d�c�lay��d th� moti�ari carried un�nimous�ly. Page 6 Minutes of Continuation of �oard of Review hleeting June 1, 1976 Mr. �ladsen n�enti oned that he had met Gvi th the r•epresentati ve from 4Ji ckes and ha�i gone over the information upon which the Assessor's office had ari°i ��ed at the estimated marE:ei t�al ue �or Wi ckes . Thei r representati ve �:old ��9r. Madsen i.hat he was going to appraise the Wickes property, and that i f they were not i n agreen�ent vri th �ihe Assessor ` s val uation �Lhat he woul d again contact Pr1r. 1�1adsen. Mr. Madsen has heard noth�ng further. A Mrs. Nelson who works ir the r�eal es�;ate business ti�ras asked if she had anything to discass v�ith the �oar� af Revie��r. She exp?ained that she was present t,o see t��hat decisi�n the Eoard of Revie!�, made a, far as the houses located on East River Roac1, because she �ri�l be listing a house very soon that is locat;�d on Fast fZiver Roacf appror,iirately one blocl; from these hcmes. Mrs. Nelson w�ts ask�d to give her opinion as ta a s�lling price for hon��s loca��d 7n t{�iis area. She saic; i:; h�r op �nicr� these i�o��es should have a recfuced mar�:��;; value Uecaus� s�7e considers tf!e heavy �rafiic, the noise, ar7c1 the fum�s u defi ��i t� cira�ruac{: G�;hi ch t��oul d have a marked effect on a sell�ng price. Mayc7r i�;c� ask�d P�r< Herr�,�ann i f a r�c�rc! i s I<ep�t o{ sel l i ng pri ces of vac�.rit 1 ar�! as i t i s ot pr�pe��ti cs a��hi ch ha�� exi sti ry s�r�actures . Mr. I�et�rn�ann r�cpl i ed �thaL �� cio kee;� a r�cor°d o�f� a11 sal es of vacant 1 and 4ti�'17Cf� di�i_'. Y'�CO:"i,?cCi dl; �ii�' �t3U?"i�;:%, �U1: lj: ?S C"It?t c?:S C;Ofilp��' d 1"E'GOl^C� dS th�� of prop�t.,i�i Es wi �:t7 ��xi s � E r��q si:��_:c��,ur��s ,� bE�c<��:,� ma.ny times 1 and i s purci�a��tl uncie�� a contx�ac�t fc�r deECi, ur,� �s r�� r�corde�i at �he Couni;y so WE? tlnl'� I10 1•d3y' 0 i �<i104<'1 i y ��1�' v a Sc�.� � flc:�S �C3t?l�l l��rai%:'' � � f�kC'Y'c^ cll"� d f�W exce;�l.i cns 5 but P�1r. Ner��arr,� sai �1 :;��at abouL th�� c:;�ft�s i. pri ced resi denti al �l ot �v i t� � ��ra-te��, se°,vcr, anc; �avc�ci s tr��r �s i t� Fr-i u i ey at the pr�se��t time i s aUcut ��, �l)O. P10T�IGfJ �,�y Coui-��il��rc;�r;�� I��E:c�wski t« ac�ic,u�-�n td�� .t��il�ivatian of the mee�i��g , of tt�e I'�arc1 of �t��iew. Set:ar;u�f�d by �0�.5.�ciima�l �=ii�zpa��Y�ck. Upon a voice vot�, a�11 votifir.; a�e, hia��or� Py�-e dnclut�eci tf�� !��:��t-i+��a oi` i,9�e 6oard of Review ad,iaurned at 8:3G' p.m., J�,��e 1, l�i�. � , L_J � , r � Res;�c�ctiully s��bn�itted, Patr�i c�i t� Sykes tJi 11 i ai�ti J. P4ee Mayor ' I , ORDINANCE N0. AN ORDiNANC� TO AMEND THE CITY COQE OF THE CITY OF � FRIDLEY, P�IINNESOTA QY MAKING A CHANGE Ih ZONING DISTRICTS ', THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOtdS: SECTION 1. Appendix D oi� the City Code of Fridley is amended as ', � hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the Ci�:y oi Frid1ey and describEd as: , - Lot 17; Block 2, Central View t�lanor Additior�, lying in the North Half of Section 12, T-30, R-24, C-it,y of ' Friuley, County of Anoka, Minnesota. Is hereby d�signated to be in the Zoned Districi; Ikno�-rn as M--� (1 ighi industrial areas). SECTION 3. Tha�t th�� Za�,ing f�dm�nistrator is directed to change the offic?�l zoning map to shc4v said tract or area , to be rezc��ied frorn 7_oi�ed Uistrict C-1S (local shop�ing areas) ta P?-1 (ligl�t industrial ar•eas}. � PASSED �Y TI;E CITY C�UfdCIL OF �fH� CITY GF FkI��F_Y THIS � DAY QF __, 1976. ' l?ttest: CITY�CLERK - P1arvin C. 6runsel1 P u b l i c H� a r�i r� g:_ Ma y 10 ,. 19 76 ---____— F�irst neading: May lJ_,_1976 __-,_ S e c o n d Re � d i n g:_________ .-�- — Publish........ ----... , � MFiYCl{z-----tti�IL(,IAf�1 J.� fvEE---- 1 ;, �, � � �{.I �� zons6 , f Y� ' 1 ' I (i i � i fZtJL fX � � i �.•�}) . 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I , ' � �_ . �2 ORDINANCE N0, 6HAP�'ER-�86-Bd�68�N6-- AN QRDINANCE AMENDING CHAPTER 206 OF THE FRIDLEY CITY CODE PERTAINING TO TNE BUILDING CODE AND PERMIT FEES The Citv Council of the City of Fridlev does ordain as follows: 296.9�-Bd�EB�W6-69BE- �be-M}ppese�a-��a�e-Ba��d}�Q-6ede-�s-Hewe�y-adeq�ed-�y-we€e�epee-ap�-sWa��-�e-�p-€a��-€e�=ee--- apd-e€€ee�-��-�be-6��y-e�-F��d�ey-as-�€-se�-ea�-Me�e-�p-€a��-a�d-sa��ee�-�e-�qe-#e��ew�pQ-- exee��eps.- �.---�s�-aay-�e�r��-€e�-�He-e�ee��s�-e€-r��e-�we}}��Qs;-eer��e�e�a�;-�pd�s�+��a�-s��be�a�es-- ap�-a��-a�ber-��p�s;-e�ee��-s��e-€ar�#�y-apd-�we-€ar��y-�we}}�pQs;-6P-dRj/-d��9R �e-sa�e;-�He-€ee-ebarQes-sba��;-€ep-eaeb-��d�p�;-ew-add#�#ep-#pe�ade�-�p-saeH-�e+�r��; be-based-e�-�be-Ea��ea�-esp�e��s-e€-saek-bc��p�,-eM-ad�#i�e�-ap�-sHa��-�e-a�-�be-�a�e-e€-- $�-�5-€eP-eaeH-�;808-ea��e-€ee�-eP-€wa��ep-�bewee€;-#p-ea��ea�-Eep�ep�s:- . 2:--Fer-�ke-��ese-e€-eer��rt��p�-€ees-#ew-�a��g-�ewr��-as-a�eve-�wev�de�,-�be-ea��ea�--- EOR�eH�S-6�-3Ry-�p8�65e�-�a��R�-9Y'-��}�}6R-�6-dH-23f�S��R�-�Fl��}H�,-��-�He-ease-e#-a- �a��Q-ew-ae��er�-e€-a��e��r�a�e�,y-�H+ter��-be��k,�-�Hwa�gtie��;-sr�a�+-�e-iFie-��edae�- e��a�ped-�y-�a��y}��-�be-�weap�-apea-eevewed-�y-saeH-�a��d��-e�-a�d��e�-�y-�qe-��s�apee-- €wer�-a-�e��-6-��ebes-�e�e�-�be-€�eew-��e-e€-�He-�asen�ep�-ew-ee��a�;-wbe�e-�be�=e-�s-�e-�e-- a-�ase�ep�-ew-ee��aw;-er-€wer�-�pe-�e�-e€-�be-€eap�a��ep;-w�ewe-�be�e-�s-�e-�e-pe��be�-�ase-- t�e��-pe�-ee��a�;-�e-�be-aae�a�e-He��bt-e�-�be-��pe�=-sa�€aee-e€-a-€la�-�ee€-e�-�e-�be-aae�aQe- qe��-s�-�be-�ee€-saw€aee-e€-�qe-i�a��-�a��e-e€-a-��ebed-wse€:-- 3.---�a-�Fie-ease-a€-apy-��a�esed-��}�d�r��-a�-a��ep-�e-ap-e��s�}pQ-��p�,-qe+��eas-e€- wH�eH-awe-e€-��€€er��g-�e��b�s;-��s-ea��ea�-ee��ep�s-sba��-�e-�al�ep-as-�Re-s��+-s€-�be-Ea��ea�- ee��e��s;-s��aw�y-de�ewr��e�;-e€-sa��-�}€€ew}��-�ew��e�s;-eer�q��ed-se�a�a�e�y:- 4.---Fee-seHe�a�e-€ew-��a�d-�e�r��ea�-s�ewa�e-�a�l�-�er�n��s.- Sirae�apa}� -e-�o;889-fa�s:-�46- �e;ee�-s�-��----�ya 206.Q1 Meeba��ea�: 0-�8,8B9-Sa��epe---------`��5- -'�9r98�-&-e�--------------$35-- M#�er------------------ ��-- ---- Va�ew��ew------------------��5--__ Ado� tion of tne State Building_Code by Reference The Fridley City Council hereby ado�_by reference the Minnesota Buildinc�Code and the following_ appendixes, annexes and supplemental pt-ovisions of the Minnesota Buildin�c`_ Code as filed with the Minnesota Secretary of State and the Commissioner of Administration on January G, 1972, as amended throuqh January, 1976. 1. State Quildin� Code 2. 1973 Uniform [�uildi 3. Minnesota Piumbin�_ 4. Plinnesota floodproo Three p�endixes, D, E and f. Code Appendixes, Cha�ers 13 de A�i�iendixes A, C, U, E and nq Requlations, Section 'L01.2 ndixes, annexes and su��leme on file in the City Clerk's for public i•nspection. 2C6.011 � The_permit fee schedule for th MinneaLolis Fee Ordinance, 1975 edition edditions. �Ev�er �reference to the "Ci "City of Fricllev"). rouqh 20f3.2. provisions shall be ce and shall__be ope Cit;�of Fridle,�shall ado�t by reference the City of as amended, with the followi�:er.ce tions and of t�1inneapulis" shiall be construed to mean the_ .,�,'"� . � Ordinance No. _2_ 2 /� Arnending Chapter 206; 8uiiding Code 1. Except Section 200.020, and the paraqraph under Tabte ZOI A re ardinq instai lati_;on op�y�s.,m wallboard permit fee 2. Change Section 200 040, to read• "In no case shall the fee char ed for an �_ ermit issued by the Bu�lding Official be less than 7 50 3. Amend Section 201.O10,Fees Required, as follows: "The Buildinc�Official, before issuing any perm�t for the erect�on of anY buildinq or structure, or for an addition to anv existinq buildinq or structure or for anv alterations or repairs to any ex�sting build�ng or structure, upon application therefor, shall require the payment by the applicant for such permit of fees in the amount herein set forth �T e permit fee shall be based on the cubic area of a structure. oF r�rou -T an3- occu ancies e ra e s a e er ou�an cubic feet. For all other occupancv classifications, the rate shall be 2.15 per thousand cubic Cubical Content Determined: For the purpose of computing fees for building permit as above provided, the cub9cal contents of an nropos?d bu11d� or addTtion to an existing building, in the case of a bu�ldinq or addition of approximately uniform height throughout, shal' be the oroduct. obtained b multiplyinq the qround area covered by such bui]ding or addi__ tion by the distance from a point 6 inches below the floor line of the base- ment or cellar a; bU�e,oen;; und ceilar are uE�ined ay rhe Building Code�, where there is to be a basement or a cellar, or from the top of the foundation, where there is to be neither basement nor cellar, to the average height of the upper surface of a t'lat roof or to the average height of the roof surface of the main �able of a pitched roof. In the case of anv proposed buildinq or addition to an existinq buildinq, op rtions of which are of differinq heiqhts, its cubical contents shall be taken as the sum of the cubical contents, similarly determined,'of said differin� portions, computed se arately. — Permit Fees for Construction For Which Cubical Content Cannot ¢e Determined: For any such per•mit for the erection of a structure, other than a"buildin�" as defined by the 6uil�incZ Code, or fior reeairs or alterations to en existin� structure, the fee char�ed for suc�ermit shali be at the rate of_3 for each 500 or fraction thereof in the cost of all�roposed ti�oi�k included in said permit for the first ��a50,000, and �1.50 for each additional $500 or fraction thereof in excess of 50,000. -- --------- 4. Add Section 201.011 to read: "Non-structural and ir�cidental alterations where cost of materials is less than $500 shall be exem�t froni�er�inits and fees"_ 5. Add Section 201.0�2 to read: "Group_J �accessory buildinqs Lwith less than 100 s uare feet of flcor space shall be excrripi: from�ermits �nd fees': — 6. Chanqe Secti�n 201.040�sentence 2, to read: °For an�y_�ermit for the re-erection of an,y pool which_vaas once erect?d v�ith a�permit and then disassembled, �hich is not re-erected in the same location and in com li�nce witli Cha� ter 115 of this Cod" the fee shall be 510". 7. AddincL to Section 202.020, subPara�Cr�h 1-A, to read: "All new Grou I structures shall be ch�rqed a'fee of �30 for 100 an�service, and �35 for 20U amp service ". 8. Chan e Section 205_030, ara ra�h 4,_sentence 3, to read: "The permil fees for an buildinc�_bei_ng moved through ihe City of Fridley from a place outside the Cit"y to ano_th�r )ocation outside the C��shall be as set forth in Chapter 11 of the Fridley City Code". -- 9. [xcept Sectiun 2U6 10. Except Section 208.050 11. Except Section 210 ' 12. Except Section 211 � ��.-r �` � Ordinance No. Amending Chapter 206; Building Code ' . � � -3- 206.012 Fee schedule for liquid petroleum stora e tank permits. STRUCTURAL 0-10,000 6allons $40 10,001 and up 50 20b.021 Reinspection MECNANICAL 0-10,000 Gallons �25 10,001 and u �35 Mixer 15 Vaporizer 15 2B ' A reinspection fee as provided in Chapter 11 of this Code shall be assessed for each REINSPECTION inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. ' l. This subsection is not to be interpre±ed as requiring reinspection 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. LJ � 2. Reinspection fees may be assessed wnen the permit card is not pro- perly posted on �he v;ork site, or the approved plans are not readily available to the inspector, 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 �r�s�ee�a� Official. 206.022 Application for Reinspection ' To obtain a reinspection the applicant shall file an application in writing upon APPLICAIION a form furnished by the City. Where reinspection fees have been assessed no FOR RE- additional inspection of the work wili be performed untii the required fees have INSPECTION been paid. ' 206.03 Safeguards Warning barricades and lights sha]] be maintained whenever nECessary for the SAFEGUARDS 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 Quil�ling Code)__ The provisions of Chapter 16 of the Uniform Quilding Cc�de shall be r�vised to read FIRE LIMITS as follows: UNIFORM [3UTL1) � ��G For the purpose of this Code, the entire City is hereby declared to be a fire �Dt district and within the district certain areas shail be designated as the FIRE LIfdITS. Whenever referenc.e is made in thi, Code to any FIRE LIMITS, it shall mean the fire iimits created and established by this Chapter. (Ref. 292) ze�:e� �, The provisions of Section 16.03 of Chapter 16 of the Uniform Quilding Code as to Items A through � of said Section shall be deleted and not be a part of this Chapter. (Ref. �g2) 286.-96-- z, Section 16.04 of the Uniform Buiiding Code, Chapter 16 shall be revised and amended to read as follows: Any building or structure complying with the �equirements of this Code, may be erected, constructed, moved within or into the fire district. (Ref. 292} � f ' ' ' Ordinance No. -4- Amending Chapter 206; Building Code 2A6:8�-F#�e-63�#�s- 206.05 Fire Limits (Citv of Fridlev) ze There are hereby created and estabiished in the City of Fridiey certain areas FIRE LIMITS designated as the FIRE LIMITS. CITY OF FRIDLEY a. All areas designated on the City of Fridley Zoning Map as being classified in Zone C-2, C-2S, CR-2 and P.D. shall be deemed as within the fire limits. b. All occupancies classed as C-2, C-2S, CR-2 and P.D. under Chapter-46- 205 �f the Ci.ty Code shal7 be deemed as within the fire limits when con- structed in either Zones M-1 or M-2 (Ref. 367). 2A�:A8- 206.06 fire Wai1s ' a. Buildings not within the fire limits may be allowed an increase of basic FIRE WALLS floor area of up to 33 1/3 percent. ' � ' � , ' ' , , � ' b. The total area of multi-story buildings shall not exceed 175 percent of the allowable floor area for a single story buildin;. No sir.gl� floe; a.rea shall be greater than the amount alloti�ed for a single story. Basements and cellars need not be included in the basic floor area. c. Fire walls or separations shall be located in buildings so that-w��H-the area between exterior walls or between exterior walls and fire walls does not exceed the allowable floor areas as set forth in Table 5C or the lirnits set forth in Chapter 16. d. Fire walls shall be of non-combustible construction mater;als haviny a rating of at least four hours. They shall have sufficient structural strength and stability under fire conditions to allow collapse on either side of the wall without collapse of the ti•rall. e. Walls constructed of solid masonry or hollow masonry shall be considered as meeting the above requirements. f. Fire walls shall start at the foundation and extend throuc�h the roof, except as where the raof is of non-combustible constructic�n and suc!� wa11 is carried tightly to i:he under side of the roof deck, Where required, walls shall extend a minimum of thirty (30) inches above the roof to form a parapet. g. Where structural memhers project into hollow wail masenry, the hollow space shall be filled for a minimum of six (6) irches above and below the projection. Filler shall be non-combustible and shall fill tne full thickness of the hollow space. (ftef. 296) �86:99-- 206.07 Penalties Any violation of this chapter� is a misciemeanor and is subject to all penalties PENALTI[S provided for such violations under the provisicns of Chapter 901 of this Code. 206.pS Repeal Prior Cha�ter 206 of the Fridley City_ Code is hereby repealed. ADOPTED BY THE CITY COUNC.L OF THE CITY OF FRTDLEY THIS DAY OF 1976. ATTEST: CITY CLERK - MARVI'N C. BRUNSELL � First Reading: May 17, 1976 Second Reading: Publish........ �. MAYOR - WILLIAM J. NEE ORDINANCE N0. AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CI?Y OF �RIDLEY THE COUNCIL QF THE CITY OF FRIDLEY HEREBY AMCNDS CHAPTER 11 OF THE CITY CODE OF THE CI7Y OF FRIDLEY, ANOKA COUNTY, MIfdP�ESOTA �Y CHANGING CERTAIN LICENSE FEES AND ADDING THE CITY CODE fdUMBERS 11.10 Fees. License and Permit fees sha11 be as follows: Code # Subjeci 17 Auction $ Fee 27 Billiards 15 Qowl i r;g Al 1 ey 109 Burning Permit 28 Carnivals .18 Cur�tractort�ll except m�vers} 12 Cigarette Sal�s 21 Christmas Tree Lots 505 8icycle 302 Dogs 702 Drive in Theaters 108 Explosives 1 l� Food Establ i shr�ent 111 (Grocery,P�leat,Qaker) 111 (Restaurants,Drive In) 111 Food Vehicles 25 2G zo2 24 301 301 301 301 303 301 603 603 GJ2 602 602 603 605 605 606 604 509 *Pro-rate Goif Cours�, Driving Range Hotel s, Niotel s Nouse Trailers Junk Yards Livestock Horses Cows,Goats,Sheep Rabbits Fowl 5 acres + Farm Liquor (On Sale) Liquor (Sunday) Liquor (Nan-Intox. Malt) Uff Sale Beer On Sale Beer Employee Dispensin Liquor(aottle Club}� Liquor (Public Drinking) Veterans Liquor (Tavern) Motorized Vehicles Rental 10.00 for 2 days 20.00 weekly 120.00 year 25.00 + 5.00/table 25.Q0 + 5.00/lane 50.00/permit 25.00/Carniv�l + 200.�0 deposit 25.00/year ��.-98 25.00 25.00 + 100.00 deposit 2.00 Duration of ownersh�p by that of applicant 5.00/year (1.00 duplicate)* 2.50 minimum 300.00 5.00/year 25.00* 50.00 first vehicle; 5.00 each additional 25.00 ��.-90 50.00 plus 5�00 .�e r uni� � 7.50 parking; 25.00 occupancy 100.00 10.00 first;5.00 each add. 5.00 first;1.00 each add. 5. 00 10.00 15.00 total 4,500.00* 200.00* �y.-88 35.00 ��A.-8� 2U0.00 (Tncludes off sale) 25.00 �7ransfer) 5. 00 �Q0-08 300.00 �88.-00 300.00 100.00 12.00 25.00/v�hicie 3 1 11.10 Fees. License and Permit rees (continued) � Code # Subject Fee r18 . 209 �22 - T4- � � �15- � 113 � ' � �� I ' � Mavers Multiple Dwelling Music Festivals Peddlers Public Dances Public Pools Refuse Haulers 116 Sanitatior� Facilities i16 Sauna 13 Retail Gasoline Sales 214 Sign,Billboard 16 Street Vending Storage Tank (L.P.) s}5 Sw#�r�i��-Pea}s 504 Taxicabs 203 Trailer Parks 19 Used Motor Vehicles bda�er-�ef�e�e�°s 111 Vending Machines G03 Wine 3A � ,00.00 15.00 first ten units 1.00 each additional 150.00 /day 25.00 per peddler 25.00 � � 5: 8�- a- -- 5-, �DD-gaa a o�a� 48.-88---5;fl8�--�5;OOA 1U0.�0 outdoor pool �A:88--��,a8�--�8;8A8 150.00 indoor pool �8:Q8--38;08�--�fl;a09 Znd pooi at same location 88.-00--�8;89�--a�d-a� 25% of base fee 30.00 Company li cense & lst truck 7:i. 00 each addi ti onal truck 25.00 first; 1f1.00 each add. ��.-88 200.00 30.00 10.00 less than 40 sq. ft. 25.Q0 more than 40 sq. ft. �0:08 20.00 industrial �8: fl6 30. 00 r�es i denti al �8.-88 50.00 bo�h 40.00 0- 10,000 gallons StructuraT 50.00 10,001 - and up gallons Structural 25.00 0- 10,000 gallons P�echanical 35.00 10,001 - and up gallons Mechanical 15 . OQ P�i xer 15.OQ Vaporizer 3:d8-�e�-��fl8:flfl-�a��e� 30,00 first vef7icle; 5.00 each additional 3;fl0 30.OQ pl «s 1.00 per trai ler site 100.00/year ' 5:88 5,00 - lOQ items and sealed � 10.00 - 10� items and not sealed 15.00 - more than 10� items 700.00* 500.00 Initi al Investi qa�ion �� 11.10 Fees License and Permit fees (continued) � � Code # Subject Fee - �� The following fees shall be charged for services rendered: 206 Building Reinspection Fee $ 10.00 402 Water �a� Permit 12.50 402 Sewer �a� Permit 25.00 402 Water Tap 125.00 205 Wrecking Fee .75/100 cu. ft., but not less than 5.00 205 Moving T5.00 accessory building 65.00 principle building 1Q.Q0 moving through 205 Zoning Requests 205 Rezoning 4A-89-�ess-��a�-�-�e�e; 155•.� T �AA-�e�^-�ba�-�-aE�e 205 Specia7 Use ��.-88 120.00 � Vari ance ��:89 50.00 211 Plat �9.-88��8-�e�s-�-�.-88-�e� 310.00/20 lots + 1�.00 each add'1 1ot 211 � 205 212 Lot Split Vacations Town Hous� Development �!Iining Permit �8:08 30.00 49-A9 II0,00 �A8.-89 210.00 15. 00 '� 11.11 The penalty fc�r late payment of all licenses and permit fees as shown in section 11.1� of thE� City Code shall be 25% of the amount of the fee i� re- � ceived from 1 to 7 clays late. Tf �he payment is received more than 7 days after it is due, the p�na�ty shall be 50% of the fee. � '�i PASSED BY THE CITY (;OUNCIL OF THE CITY OF FRIDLEY THIS ,1976. ATTEST: CITY CLERK - Marvin C. 6runsell � First Reading: Anri 19; 19__� Second Reading: I�ul�1 i sh. . . . . . . . DAY OF MAYOR - WILLIAM J. NEE �i� �� CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY P9ANAGER, AND CTTY COUNCIL FROM: PIARVIN.C. BRUNSELL, ASST. CITY MGR./FTtJ. DIR. SUQJECT: SECOND READIPdG OF ORDINANCE AMENDING LICENSE Af�D FEE SCNEDULES DATE: JUNE 3, 1976 � T��e attacf�ed or�uinar�ce arnencl�iny the l�icense ai�� i'ee sc'r�edules f7as been amended for its second reading in accordance with the Cuuncil's direction. The additional changes to th� ordinance for the second reading are as fol i ows : 115 Public Pools ��.-88--------9----5,�88-�a��e�s 100.00 outdoor pool }}�- ��d�i�r�}�Q-Reo�s 113 Refuse tiaulers 603 Wine 205 Rezoning Requests 205 Rezoning 205 Special Use 205 Vari ance 211 Plat 211 Lot Spii t Vacati ons 205 Town House Uevel opii�ent r�ra : sh *P ro fa�ed 3C 48.-88---�;99}_t_}�;0�9 150.00 ?ndoor 000l� �8-89--�5;8��---3�;�8� 2nd pool at same iacation �8-88--38;9J�---�-59,G9E� 25% o�� base fee $a-ee--�e;ee�-��-�� 3-88-�e�-��Q9-Wa*�a��o� 30.00 Compan,y License_ & lst truck 1:i.00 eacf� �c1d�_tiona�l truck 700.00* -�._ _. _._ 500.00 Initi al Investi�at�i on Fee 49-80-�ess-�W�r�-�--ae�e; 155.00 �88e88-�e}e-�ba�-�-aE�e- � ��.ee �2o.ao �E-88 50..00 5�:88f�9-�o�s-�-�:8�-�c�� 310.00/20 lots + 10.00 each add'i iot �8:98 30.00 48.-98 80.00 � 9� .-88 -210. 00 � . ORDINANCE N0. 4 � AN ORDINANCE Af7EPdDING THE CITY CHARTER OF THE CITY OF FRIDLEY 1 THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOt�IS: 7hat the fol l owing Secti ons of the Fri dley Ci ty Charter are amended as fol lows : � Section 5.02, EXPEPJDITURES BY PETTTIONERS. No member of any initiative, referendum, 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 circulation thereofi, but this shall not prevent the commitiee from paying for iegal advice and from incurring an expense noi to exceed $200.00 for stationery, copying, printing, and notaries' fees. IA sworn statemer�t substanti ating such expenses shal l be turned over to the city clerk wi t;hi n 5 days fol 1 otivi n g the f i 1 i n g o f a peti ti cn . Any vi ol ati o� of the p rovi s i ons of this snr.tion is a misdemeanor. Any vioiation of this section �hall be repot�ted by �the cit,y clerk to the proper authorities for• prosecution under state statues ap�iying thereto. jSectian 5.03, FURTlfER REGUL/`,TIONS, A la�vful petition under this Charter ma.y be certified, sirned and circu1at�d upon an ordinance to be initiated, an ordinance to be made the subject; of a re�eren�iuir and a proceeding for recall upon the grounds authori zed by l aw and requi red by the Consti tuti on of the Sta�;e of �•1i nn�sota, and reasons ,stated in the certificate, are to be stated and noted in the petition itsel-� A petition fur any other purpose mav be made in accordanc� with procedures established by this Charter or under provisions of law as may be elsewhere provided. � A petition und��r �;his Charter shal] be filed in the office o�f the city clerk as one instr�ment, v�f��icf� inst��ument shall contain any instrument required, a cop,y of any ��rdinance proposed, covered or affected, any other docurnent (appropriate to the petition) nd all the sinnature papers and affidavits attacl�ed �in support of the sarr�e. A p2tition rnay be si gned by any el ector. /� peti i;i on can be ci rcul ated and veri fi ed cnly by an elector w�io has siyned the sam�. All the signatures on ar�y petition need not be on one ,si gnature paper. The c�i rcul ator �f every paper shall v�r�; �y t�y affi davi t attached that he (she� was the circulator of the san�e, that each signatu�e was signed in his (her) preser,ce, and -is of tt�e person t��at same purports to be ai�d that eac}� s � gner �affirmed �that he (she) was an elector at the residence stat;e� thereon. �tny paper iaci<ing s uch affi davi t oi° �ie ri fi ed by an • affi davi t fal se and unt rue i s i ns uffi ci ent and vo i d of effect. �� T{�� i r�suffi ci ency ,i� -i rregul ari ty of a peti �:i on shal � not prej udi ce th� fi i i ng of any new peiiti on for the sam� purpose, nor shall i t prevent the Co�mci 1 from referring any ard�nance proposed to th� electorate at the next regu1ar or special election, or ��therwise , acting f�avorably upon the san�. The Cour�cil may E�rovide ny or�dinance such further� regulations for the initiative, � re�f'erendum, and recal l, not i ncor�si stent wi th thi s Charter a5 i t deems necessary. 1"he city clerk, upon receipt of docur�ented information that any signaiure on any 'petition paper has been falsely attested to, si�all promptly forward such inf�rmaiion to the proper authority for pr��secution und�r state statu�s applying thereto. � a � � � �'� � ORDINANCE N0. � PAGE 2 4A � Section 5.05, FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers ,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 following form: INITIATIVE PETITION �Proposing an ordinance to . . . . . . . . . . . . . . . . (stating the purpose of the ardinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of electors; Nari� � l. . . . . . . . . . . . . . . . . 3. ................ 4. .a .............. �5. ................ Address . . . . . . . . . . . . . . . . The undersigned electors, under•standing the terms and the nature of the ordinance hereto �attached, petition the council for its adoption, or, in lieu thereof, for its submission to the e7ectors for their approval. , � �_� � � � h ame 1 ................ 2. . . . . . . . . . . . . . . . . 3. . . . . . . . . . . . . . . . . Address At the end of the list o�P signatures shall be appended the aff'idavit of the circulator n�entioned above. Secti oi� 5.06, FILING OF PETITIONS AND ACTION THEREQN. �,�'i th�i n fi ve days after the fiiling of thz petition, the city clerk shall ascertain by exam�inatiori the number of electors �,�hose signatures are appended thereto and wt�ether this number is at least ten percent of the total number of regular voters. I-F he finds �the petition insufficier�t or irregular, he shall at once notify one or more of the committee of sponsors o�F that fact, certifying the reasons for his finding. Tr�e comrnil:tee shall then be given 30 days in which to file additional signature papers and to correct the petition in all other pa��ticulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall f;le it in this office and shall notify each member of the comrnittee to that fact. � � ORDINANCE N0. , PAGE 3 � � ,Section 5.13, THE RECALL. Any five electors may form themselves into a conunittee 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 their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no , signature paper shal) be put into circulation previous to such certification. Se ction 5.14, RECALL PETITIONS. The petition for tne recall of any official shall consist of a certificate identical with that filed with the city clerk together with rall the si gnature pape� s ard affi davi ts thereto attached. Each si gnaturz puper :;��a] 1 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 attached ce rtificate. This movement is sponsored by the following committee of electors: � 1. 2. 3. 4, 5, N ame Address � The undersigned electors, understanding the nature of the charges against the officer � herein sought to be recal1ed, desire the holding of a recall election for that purpose. r N ame 1. ................ ' 3. . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . � At the end of the list of signatures shall be appended the affidavit of the circulator. Section 5.19, INSTRUCTIONS TO PETITIOPdERS. The city clerk shall provide to every person circulating a petition for tf�e initiation of an ordinance, the initiation of tcharter ai�ndments , for a referendum, or the recall of an elected offi ci al , written instructions delineating �he correct and proper procedure for circulating the petition. The instructions provided will clearly define falsificatioii of a signature and false 'attestati on of a s i gnature and wi 11 ci te those ordi nances , 1 aws , or statutes rel ati ng to such acts . � , i ' - � ORDINANCE N0. PAGE 4 � ,Section 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 council may p rovide for by ordinances. The city attorney and/or legal officer(s) shall be appointed by the ci ty manager wi th approvai of the counci 1. The ci ty clerk shal l be ' subject to the di rection of the city manager and shall have such cluties in connecti on with the keeping of the public records, the custody, and disbursernent of the public funds, and the general administration of the city's affairs as shall be ordained by the council. He may be designated to act as secretary of the council. The council may by ordinance abolish officers which have been created by ordinance and it may combine the duties of various offices as it may see fit. ' ' ' � � � LJ � , 4C Section 6.05, PURCHASES AND CONTRACTS. The city manager shall be the chief purchasing agent of the city. A11 purchases on behalf of the city shall be rrade, and all contracts let, by th2 city manager, provided that the approval of the council must be given in advance vrhenever the u,nount cf suc�� purchdse or con'�rac� exceeds •the -amouni: s�:ated in the state statutes. A11 contracts, bonds, and instruments of every kind to which the city shall be a party shall be signed by the mayor on behalf of the city, as well as by the city manager, and sha11 be executed in the name of the city. Section 6.06, CONTRACTS, H4W LET. In a]1 cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction w ork undertaken by the city, which require an expenditure of more than that which is 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 published notice in the offi ci al neVrspaper. when a bi d i s requi red , i t shal ] be let to the 1 owest responsi bl e bidder as determined by the council. The council may, however, reject any and all bids. No�ching contained in i:his section shall prevent the council from contracting for th� doing of work with patented processes, or from �he purchasing of patented appliances. Section 7.04, PREPARATION OF ANNUAL BUDGET. The city manager shaii prepare the estimates for the annual budget which shall include any estimated deficifi for the currerrt year. The estimates of expenditures s��a.11 be submitted by each department to the city manager. Eaci� estimate shall be divided into three major subdivisions as follows: (a) Salaries and Wages ,( b) Ordi nary Expenses ,( c) Capi tal Outl ay. Sal ary cletai 1 shal 1 show a 1 i 5t of all salaried officer�s and positions vJith salary allowance and number of persons holding each. Wages shal 1 be broken down i n suffi cient detai 1 to j usti fy the request. Ordinary expenses shall be broken down into such detail as the city man.ager shail direc�. Capital Outlay shall be itemized as to items and amounts. In parallel columns shall be added the amounts expened under similar heads for the two �preceding fiscal years, and, as far as practicable, the amounts expended and estimated for ex�enditure during the current year. In addition to estimates af expenditures, the city manager shall prepare a cletailed statement of revenues collected for the two 'pr°eceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the council at its first regular monthly n�eeting in August and shall be published in suii�mar°y in the official publication prior to the August n�eeting. � LJ �� , �ORDINANCE N0. PAGE 5 4D � Section 7.05, PASSAGE OF THE BUDGET. The budget shall be the principal item of ,business at the fi rst regular monthly meeting of the counci 1 in August, and the counci 1 shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amoun t 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 forih in such detail as may be determined by �the city council, the complete financial plan of thn 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 from what sources, an d the sums to be spent and ,for what purposes, according to the plan indicat�d ir� Section 7.04. The total sum appropriated sha�l�i not exceed th� total estimated revenue. The council shall ad�pt the budget during the month of October by ordinance which shall set forth the total of the budget and the to�:als of the major di visions of the b�dget, according to the � plan indicated in Section 7.04. The budget ordinance as adopted shall be publisned in the affi ci al publ i cati on . ,Section 7.09, LFVY FuVD COLLECTIOPd OF TAXES. On or before the 5th day of November, each year the council shall levy by resolution the taxes necessary to meet the requirem�n�s of the budget for the ensuing fiscal year. The city cTerk shall transmit ,�o the county auditcr annually nat la�ter th�n the lOth of Nove►nber, a statem`nt af all the taxes ievied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tar, shall be invalid by reason of any informality in �he manner of levying the same, nor because the amou��t , 1 evi ed shal l exceed the amount requi red to be rai sed for t;he speci al purpose for whi ch the same is levied, b�.at in that case the surplus sha11 go into a suspense fund, and shall be used t� reduce the 1evy foi� the ensuiny year. � Section 7.14, ACCOUN7S ANU REPOC�TS. Ti�e city manager shall be th� chi�f accounting officer of the city and of e�very br�anch thereof, and the council may prescribe and ,enforce proper accounting methods, forms, blanks, and other devices consistent with the law, this charte r, and �he ordinances in accord with it. He shall submit to the council a siatemen� each month s4iawing the amourit of money in the custody of the city 'treasurer, the status of al l funds ; the ail�our�t sE�ent or chargeable against each of the annual budget allowances and the halanc�s l�ft in each, and such other information relative to the finances of the city as the counci1 m�y require. The council may at any ti me and shal l annual ly prov � de for an audi t af �he ci ty fi nances by a certi fi ed 'public acr.ount�nf or L�y the d��ariment c�f the state authorized to make examinations o��` the affairs of municipal�ities. On ar before th� �first day af April ir� eacn year th� city manager shall prepare a complete financia"I si:ater,�en�: in form arproved by the c�uncii of �city's financial ope rations �For tne prec�ding calendar ye ar, and quarte r, which statemen t may be published in such mann�r as the council may direct and a summary thereof shall be published in the official newspap�r on or bef�re the third week in April, July, October, and January as appropri ate. �SECTION 10,05, RATES AND CHARGES. Every public utility or franchisee making use of the street or public places within the city shall give courteous, efficient and adequate ,servi ce at reasonab�e rates. A reasonabie raie shal �I be consirued to be one whi c« wi 1 l, with efficient management, rormaliy yield a fair return on all property used and useful ir� furnishing service to the city an� its inhabit�nts. This shall not be construed as 1 a guaranty of a return and in no case shal 1 there i�y any ret�rn upon franchi se val ue. Wi *hi n these 1 i i��i ts the de �erm�� nati on of mar.imum rates , fares , or charges to be charged , � ORDINANCE N0. PAGE 6 �# E �by any public utility or franchisee for service rendered to the city or any person, persons, firm or corporation within the city shall be made, if possible, by direct negotiations between the public utility or franchisee and the council. In case of ,failure to reach an agreement by this �ethod vrithin a reasonable time the counci] 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, o r charges by the public utility or f ranchisee; provided, howeve r, that the rates, fares, or charges so fixed by arbit ration shali not be binding on the city for more than fi ve years, �Section 10,06, PROVIDIONS OF FRANCHISES. Every franchise shall contain, among other things, provisions relating to the following: 1 (1) The term of the franchise granted, which shall ►�ot excezd 25 years. (2} Rates, fares and charges to be charg�d by the public utility or franchisee � in compliance wiih the terms and provisions of S�ction i0.05 (3) The ri ghts reserved to the ci ty i n connecti or wi th the erecti on of poles , masts or oth�r fixtures in the strcets or public places and the attachm�nt of wires thereto, �the la,Ying of tracks in or of pipes or conduits under the streets or public places, and the pl aci ng i n the streets or other publ i c pl aces af any permanent or semi -permanen.t fixtures or equipment by the public utility or franchisee. � ' � (4) The prompt repai r by the publ i c uti l�i ty or franchi see nf al l da�r�ages to the public streets, alleys and public preperty CC��S10CiCd by the a.cts or omissions of th� public utility or franchisee. (5) The ri ghts of the city to hav� access to al l baoks , i�ecc�r�s , and papers of the , public utility or franchisee which in any way deal with, affiect ar r•ecord its operations within and pertaining to the city and pertaining to {�roperty and equiprnent used and useful in furnishiny service to the city anu� its inhabitants, (6) The power and r�igE�t of tf7e city to subr�it to arb�iiratia�r tt�e fixing of any � rates, fares or charges to be macle by the pubii c uti li�t,y� or franchisee. (7) The right of the public utility or franch�isee ta receive upon condemnation , proceedings brought by the city to acqu�re th� j�Ub�1C utility or franchisee compensation for its franchise or th� value ihereof, if any. 'Section 10.09, PU6L.IC HEARINCS. Qefore any franchise ordinance is adopted or any rates, fares or charges to be charyed by the public uLility or francnisee are fixed, there shal l be a publ ic hearing by the ceunci 1, in regard thereto. Voti ce of such �public hearing shall be given b,y published notice at least once in the official newspaper not less than tweni;y (?_0) days prior to the date of sucn public hearing. Additional n�tice of such public hearing may be given �in such manner as the council shall determine. ' P/1SSED AND ADOPTED 6Y THE CITY COUNCIL OF THF CITY OF FRIDLEY THIS DAY OF ' , 1976. � '�, . , � 4F 'ORDINANCE N0. PAGE 7 ' . , MAYOR - WILLIAM J. NEE � ATTEST: , _ ', CITY CLERK - MARVIN C. BRUNSELL Publ i c Heari ng : Apri 1 12 , 1976 & May 17 , 1976 Fi rs t Re a di n g: t9ay 17 , 19 76 ,Second Readi ng : Pub l i cati on : � 1 1 . 1 1 �1 1 1 ! 1 1 � � � �� G 1 � '1 � CITY OF FRIDLEY II MEMORANDUM , iT0: NASIM t�l. QURESHI , CITY MANAGER, AND CITY COUNCIL FROM; MARVIN C. BRUNSELL, ASST. CITY �4GR./FIN. DIR. ISUBJECT: SECOND READIN G OF ORDINAN CE AMENDING CITY CHARTER � DATE: MAY 24, 1976 The attached ordinance is presented for second reading by ' the Ci t Counci 1. Y 1 The ordinance is the same as passed for the first reading, � except that Section 5.08, Initiative Ballots, is not included. , MCQ:sh ' , ' ' ' � , ' � ORDINWVCE N0. AN ORDINANCE AUTHORIZING TNE ISSUANCE OF SINGO LICENSES TO QUALIFIED ORGANIZATIONS, PRESCRIBING CONDITIONS THEREFORE, AND PROVIDIPJG PENALTIES FOR VIOLATIONS THEREOF; ENACTING CHAPTER 29 OF THE FRIDLEY CITY CODE; AND AMENDING CHAPTER 11, SECTION 11.10 OF THE FRIDLEY CITY CODE RELATING TO FEES. THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN: SECTION 29.01 Authorization to Issue Licenses The city is hereby authorized to issue bingo operators licenses pursuant to Minr�esota Statutes Annotated, Chapter 609. Licenses may be issued to organizations as defined 6y Minnesota law in sai d chapter. SECTION 29.02 Li cense Requi red No organizaticn shall operate a bingo game within the City of Fridley without having issued to it a bingo operators license. SECTION 29.03 Application for License_ An eligible c�rgan�zation shall make application for a bingo operators liccnse on forms provided by the city. No license shall he issued until at least thii�ty (30) days after the date o� said ap�l�icacion. A l�icense shall be valicl fior a period of one (1) ycar. Secti on 29.04 L_i cense Fee The annual license fee ar�d expiration date shall be as provided in Chapter 11 of this code. Secti on 29.05 Addi ti onal Re�ul ati ons Minimum Age - No person �rorking a binyo game shall be less than eigl��een (-18) years of ag�. No alcaholic beverages wi�ll be served, or C011�Uf11E'CI in the same room as bingo is being play�d. SEC7IOf� 29.0G Su,pension or Revocation A bingo operator� license issued hcreunder may be suspended for , viclatian of this ordinance or for violation of the state statute for a period not exceeding thirty (30) days. A bingo operators 1 i cense may be revol<ed for vi ol ati on of thi s ordi nance or for vi o- , lation of tPie state statufi.�; said revocation shall be after reason- able notice and public hearing before the city council. ' ' Ghapter 11 of the Fri dley Code is hereby amended to read as fol lows : SECTION 11.10 Fees Add new subject of "Bingo Operators License". The annual license fee for a bingo operators license shall be $100 per year. A special four day license may be issued at a cost of $25. This special four day license fee may be waived by Council action for church or other charitable organizations. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , i976. MAYOR - WILLIAP� J. NEE ATTEST: CITY CLERK - �1ARVIN C. 6RUNSEtL First Reading: P1ay 17, 1976 Second Readi r�� : P u b 1 i s h . . . . . . . . ------- — 5A i CI7Y OF FRIDLEY MEMQRANDUM T0: NASIM M. QURESHI, CITY f�ANAGER, AND CITY COUNCIL t=ROM: MARVIN C. BRUf�ISELL, ASST, CITY MGR./FIN. DIR. SUQJECT: SECOND READING OF ORDINAfVCE LICE�SSING BINGO OPERATIONS DATE: MAY 28, 1976 The attached ordinance has been changed from the first readin g in the folla�ing respects: A minimum age has be�n _established and a provision has been added which prohibi�:s the serving or consumption of alocholic beverages in the sar� rooir, as bingo is being � played. The annual iicense fee has been set at $100 per year with a speci al fou►° day 1 i cense a cost of $25 per year. I am nat en�tirely clear wt��ther it was the Council's intention to set this four day lirense at $25 or $100. M�t�:sh ' � � ORDINANCE N0. AN ORDINANCE ESTABLISHING CHAPTER 602 OF THE FRIDLEY CITY CODE TITLED BEER AND RLPEALING PRESENT CHAPTER 602 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY; AND AMENDING CHAPTER 11, SECTION }�,10 OF THE C17Y CODE RELATING TO FEES THE CITY COUNCIL OF THE CITY OF FRIDLEY DQES QRDAIN AS FOLLOWS: SECTIOD: 602.01 Definitions � Non-�rttoxrcatrng-ma�t-trqnor-wTthTn-the-meanTng-or-thrS-chapter-sha��-be-heid-to- � be-anq-ma�t-�Tqaor-or-beverage-oahrch-contaTns-one-ha�f-to-one-per-centam-or-mere of-a�coho�-bq-wetght.---�he-words-�prohTbTtron-�aoa�-sha��-rnc�ade-any-�aev-or ordinance-re�atrng-to-the-sa�e-of-rntoxrcatTng-�rqnor.- -�Ref:-tb3 l. The term "non-intoxicating malt liquor" shall mean malt liquor or beverage � whi�ch contains not less�than one-haif of one Uer cent alcohol by volume nor • more than 3.2 per cent alcohol by weight. The Words ��prohibition law" shall include any law or ordinance relating to the sale of intoxicating liquor. (Re .14) I�J I II u ' � �� ' � ' �1 ' ' �1 2. The term "tavern" shall mean any on sale beer operation intending to operatc over any ay consecutive perio or more an ays uring any month period. 3. The term "temporary beer operation" shall mean any on sate beer op- eration not subjecY to t e provisions o� Sect�on 0.0 paragrap 2 or this ccde and sha i be subjecL to Counci approva�. SECTION 602.02 Licenses: On Sale, Off Sale Licenses granted under this ordinance shall be of two kinds, viz: a. "On Sale" li:.enses shall permit the licensee to sell non-in- toricating malt liquor to seated patrons for consumption on the premises of the licensee described in the license. b. "Off Sale" licenses shall permit the licensee to sell such non-intoxicatiny malt liquor in original packa_yes not to be consumed upon the premises described in such license. SECTION G02.o3 License Required No person shall vend, deal in or dispose of by qift, sale or othervaise, �ny non-intoxicating malt iiquor wittiout first having obtained a licertse to do so from the Council. SECTION 602.Q4 Fees Every applicant for an "On Sale" license shall pay a license fee for the sale of non-intoxic.ati�g malt liquors from tap and in original packages or bottles. Fach "On Sale" license shall include an "Off Sale" license at no additional expense. The annual and temporary, license fees and expiration dates shall be as provided in Chapter il of this Code. SECTICN 602.05 Minors No person shall se)1 or serve non-intor.icating malt liquor to a minor. `� No minor shall consume, purchase or cause to be served any non-intoxi- � eating malt iiquor�� u�-�-icensed under � this ordinance. (Re . F � �q� �` �� 'o,r SECTI6N 602.06 Applicant " � No "On-Sale" license shall bc issued to an applicant unless-I�e-�the applicant be the actuai owner or proprietor of the place where-he-rntend9-to-sef�-sach-- ma�t-�Tqaor:-fRef.-44}such malt liquor is intended to be sold. (Ref. 14) �� '�,.�'' ' � r� � � � � � � � Ordinance No._ _ "2' SECTION 602.061 Distance No ON-SAIE licenses shali be issued for any building, room or place within 300 feet from any pubTic or parochial school or any church, said distance to be measured in a straight line from the building in which such school or church is conducted to the main public entrance of the premises descri- bed in the application for license. However, this restriction shall not apply to property properly zoned for a license under tliis Chapter when the location of the church or school is established after January l, t965. (Ref. 294) SECTION 602.07 Application 6A The apptication for a license shall be in writing, signed by the applicant and filed with the Clerk. !t shall state the applicant's full name,-hrs- age, occupation and-where-he-haz-reSTded-dnrTng- place of residence the year next- preceding the date of fiiing the application; it shall also state whether or not the applicant is a citizen of the United States. The application shail contain a full and complete description of the premises on which the business mentiened in the application is to be carried on in said City and receipt showing that the license fee has been paid into the treasury of said City shall be attached to such application. In case the applicant is not granted a license, the license fee shall be on demand forthwith returned. to-hrmr-- SECTION 602.08 Transfer Licenses granted pursuant to tliis chapter are not transferable fr-m one holder to another and in case of change of ownership of the premises on which license has been granted to sell non-intoxicating mait liyuors, the new owner must obtiain a new license under the provisions of this chapter. No license may be transferred to another iocation without Council approval. SECTION 602.09 Inspection The premises named in any license shall at all times be open for inspection and examination by any po�teeman- police officer or the Health Authority of the City. SECTION 602.10 Hours In the places licensed to sell such non-intoxic.ating malt liquors, no sale of non-intoxicating malt liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday Monday through S�turday inciusive. hleither shall any sale of such liquor be made on any Sunday between the hours of 1:00 a.m. and 12:00 NOON, nor beta�een the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. � lt shall be u�lawful for any persons or custemers, otfier than the ticensee or his employees, to rema;n on the prc:mises after 1:30 a.m. There shall be no consumption by any persons, including the licensee and his employee.s, after 1:30 a.m. (Ref. G02) i � � L._.l L�I �.. SECTION 602.111 Revocatior Any license granted hereunder may be suspended by the Councii without no- tice to the grantee or a hearing may be held by the Council and revocatior made for cause. Any violatior, of any provision or condition of this chap- ter or any falsification of any statement in the application shall be grounds for revocation. Ilo portion of the license fee paid into the City 7reasury shall be returned upon revocation. SECTION 602.112 Prohibition Law Violation The license of any person �iho shatl be found guilty oF any violation of the prohibition law, whether the offense be committed on the premises named in-hrs- the license, or elsewhere, and the license of any person v�ho shall have, keep, seTl, manufacture or possess intoxicating liquor at or upon the premises named in-hr3- the license, contrary to said prohibition law, shatl be revoked by the Council. _. _ ___ —__ � , � � i �� ,� � � � 6B Ordinance No. '3� SECTION 602.12 Non-Profit Organizations — Upon written application by a non-profit organization, said application stating the name of the organization, its registered otfice within the State of Minnesota, the names and addresses of its principle officers and the des- cription of the location and actiity to be sponsored by said organization. The City Council may grant, temporary on and off sate licenses, without fee. for-a-perrod-not-to-exceed-��-hoors-daratton: The provisions of Chapter as applicable, shall be observed by said non-profit organizations. (Ref.�)� SECTION 602.13 Penalties Any violation of this chapter is a misdemeanor and is subject to ail penalties provided for such violations under the provisions of Chapter 901 of this Code. SECTION 602.14 Repealer Prior Chapter 602 is hereby repealed. Chapter 11 of the Fridiey Code is hereby amended to read as follows: SECT(ON il.i0 Add new fee under subject of liquor (non-intoxicating malt) for temporary license. 7he temporarv license fee shall be $10. per day, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY Of FRIDLEY THIS DAY OF , 1976• ATTEST: MARVIN C. BRUNSELL -• CITY CLERK � First Reading: __ __ . Second Reading: __ Publish........ _ � � � i WILLIAM J. NEE - MAYOR �._ �- PLANNING COrIMISSION MINUTES OF MAY 19, 1976 Council Action Required: Appeals Commission Meeting of May 11, 1976 A.L. Williams; 533 Gl�ncoe St. Parks & Recreation Commission Meeting of April 26, 1976 Red Tag Tax Forfeit Land From Miss. St. to 67th Way. $etween Ashton Ave. and the Railroa.d Tracks Naming Fridley Parks Parks & Recreation Comr.iission Meeting of May 3, 1976 Madsen Tennis Court Encumbrance of $6,000 Kennedy Transmission; SP ��76-06; 7700 University Aveni�e Robert Schroer; L.S. �F76-04; 7700 Uni.ver.sity lAVenue 7 1 � � � � i � �_ � � � , � �_� , � � ' FRIDLEY APPEALS COMMISSION NIEEZ'ING OF MAY 11, �.976 - PAGE 7 i. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOL�TS: SECTION ?_05.0�3, 1B, TO REDUCE THE LCT AREA, FOR A LOT PLATTED B�FORE DECF�t?$ER 29, 1955, FROI•9 7500 S',UARE FEET TO 5500 S�UARr rEET, TO AI.LO��I TIiE COIdSTRUCTION OF A D;�TELLI;� x TO BE LOCATED OPJ LOT 17 AND 1f3, BLOCK H, RIVERVTE+�J HEIGHTS� THE SAr1E BEIi1G 533 GLENCOE S1Rr�ET N.E., FRIDLEX, T�IN. (RE^UEST BY i•1R. A. L. WTLLIAI�I5, 9�7 - 86TH AVEi1UE N.'rT., COOi� RAPIDS, hiIi�Id. ) 2��IOTION by Mr. Plemel, seconded by I�irs. Ga.bel, to open the public hearin�. Upon a voice vote, all votin:g aye� the motion carried unar.imously. AD:�•tINIS1R.ATIVE STkrF REPORT A. PUBLIC PUP�POSF Si�RVF:D BY RE:)tIIR��a•iENT: Secti.on 205.053, lA, lot area require� ment of 7500 snua.re feet. P'uviiC p�rpG: � S('�"`v':'i..-1 ?�� fi�iS ^C'C}"..1GT1 1.S ±: ^�'OlC� �!]E� CQ:7C�1t10T: Of C`.'n'.° croi•rd7.nc; of tne residential neighborhood. l�lso to avoid excess burden on the exist�ing ��ai;er 2nd sezaer servi_ces. B. STATED HkRT�S?-iIP: Lot as pla.t;tnd is undersi.zed. C. �DNITAIISTR:?TIVE SiAFF REVIE?r,�: Staf:C researc�i axid r�ictures indicate that there ase severa.l other houses built on �0 i'oot lot,s in this imm.edi.ate area. Th�_s �_ot is serv� ced 4Tith set•rer. �;r�d water, as :�re most otr:er �0 foot lots �_n i.he area.. The lots or_ ei.�,her side of i33 G7.encoe are 2.lr�ad,y d�velopeci. Unless i.here is so�;�e object5.on b�r t;he ne:i.gl;boxss St�±ff lzas no o�,jection to this_variance rerues+. Mr. �,�il.liams i�aa.s �t the meet�n�; to �resent h�s re�ues�;. He tolci thn Board that he �,Tas a build.�?ng contr. ar,tor, and the lot �.s p:latted ��ras uz�dersired. i�e e�cplained that n� surve�,T *,.as avaa.7.abl e ye�,s but he �,Tished to �ui.:i d a 25 � X 38' house t�ritn no �;arag��. rie sa�.d t��1ut most lat� iz1 #.,h?t a.rer tiacre >'i' . i.c,�� 3�rr.�.� :� i.d t,h�� rouse to i.he �a ,t ;�ras ne�:?, and the house to the t�;est t�ras ari ol.der home and h�d just changed hands. He also s�id tncre �ras no possibility of ther. e ever bein� an al.ic�;�-ray. Chairt�;oman t::'ahlberg asl<ed if �Lhis was a lot snlits and r1r. �dilliams said it was not. She stated the Czty Code said ;�.t least one off-street parkin� stall should be provided, and i�Ir. f�.'illi�:r�s ex.p� a.ine� they rec�2zired hard-surfaced drivet•rays but no �ar.ages on these lo�s, and said there t�:ere many hor�es in the area without garages. P��r. Plemc.l stated he thought that new constructiori rec�uired at lea.st a single- car gara�e, but T�Ir. Z�Jill:iams said that t�ras not the way the code read. Chairt,oman G5Iah7_ber� commented th�t the ordi.nance was not clear, and only talked about 9�00� square f.00t l�t,. She said it stated that a�; least one off-street parking stall �hall be r.equired for each dwellinQ unit, and rir. 4dilli_ams said he believed tiiat metznt a blacktopped area, and that he thought anything less than 7,500 square feet did not require a garage. He stated he built on a 75 X 1.10' lot last summer and tnere k�as no requi.rement for a gara�e. He �tddecl i;hat the house to the east did not have ��;arage, and that was a n�w one. 7 l� � � r � � ' � � � � , � � � FRIDLEY APPEALS CO?�1�IISSION rIEETIIdG OF MAY 11, 1976 - PAGE 8 Chairwoman lrlahlberg said that the ordinance also required that the parking stalls should no� reouire an,y porti.on of the front ,yard, and P��1r. Barna stated he �!ould be in favor of building on this lot }ust to g_,et the other people to clean up their property. rir. Holden said the stall would have to be on the side of the house, and added that variances had been granted in the past i�rithout garageG on lots of this size. Chairtaoman ?�:ahlber� asked PIr. ?�Jilliams if he sras planning to put in a drive�ra,y, and he renlied he Trras going to put in a hard-surfaced dr�.vea,ay. iirs. T�lahlberg said then it was clearly i,rithin i;he ordinance as it anpears. rir. Willi.ams sha��red the Com,rnission a plan of the house he i-�ould build., and Nlrs. Gabel asked t•rhat woi�ld happen if the �;ara�e was left. an t.he plari. �'ir. idilliams said there i�ras no T,ay ii; �,auld fit on the pron�rt,y. i�Irs. Ga.be1. said she zraas very concerned about visual pollu.tion. Chai��:orna.n �;'ahlberg asked if he had nonsl.�ierPC� b,,;.ldinsJ a. �a.raa� in t,he hack ,ya.rd; �rtd 1�ir� ;�i;��i_am.G G=�ica. t;.ha.t t.his house ttiTas se? lzng for �30,000 cT� ±.hout a�arage and it ��roLtld be better to let �he home aT,*��r add the garage himse�.f. I�-ir. Kemper asked i�ir.. :•,�illirams trh�n he pla.nr.ed an starting const.x�uc+i_ons and I�1x. Wi1�.i.ams repliec� as soon as he got t'ne okay. Chair;�aornan i�dati�lberr asked i#' he had snoi:en airec��l.y to the ne=i�hbors on e�.ther sicle� a.nd i�ir. ':1il.lia.ms replied he hadn't as he d�_dn't think it zaas necess��.ry. r�Ir. 1-�o7_d�n �?id he had spolcen to one of �he neis�rbors a.E�d. they did�i'� �>eem �.a have ar��,� ob,je^ti.ons. J:0`iI01d b,;7 ;-tx�. Yle?~�el, seconded i:�y P•ir. �arn.a., to close t'r.�e public neaT�irig. Ut�orl a voice vo�e, a11.. votinF a.ye, the motion carried unaz�ir��ous1_y. I�1r. Kemper stated h�.s position cn�-�s tha+., h.e �,�ould like to see l�uildi.n� on these slzb-�t�ndard lo�s, n�a� �,ra.s con^��z�r.ed �bout tr�c� �_ntex°,�ret �.ti.on o_f t'r�e ccde. Fie add.ed that, h� would like the Cit7r Colznczl i�o b� r:wde a�:��.r� of t��:is _reauest. I��Ir. so , . . . U'?!�°.1 aj;2't�EC� � c_21C1 S,i.' t� 7'�i. Cilpll�_C.ri i%E', .1::';4?T°Ci7"r'.+•°�� ?Tr1S"? ' •,:ilit�tt� �'. i•:r.. iio?.d�n s�id that; a, noss:.'��e co�is�.dnr�.tian .•roul.d b.� tt�at sizzce it, is a. srnal�- hous� t.'�er� �n?:r not 1JP �n;yT cars on th? lct ��.f; ,��.1]_, for inst; u�c,e �.i' �. retired couple purr.h��sed it. rir. F3arna stat�d. that the prop�rt;y o,��nex� behind hzs lo � h�d built g�ranes lasi; year, ;,�hich mzd� the ra_ck of his 7.ot r� sola.d :�:�]1 of nar��;e�. He said that this visu311y encroaches on th�; properi:y di.rectly bel�ind t�ne�a. Chair.�•roman tidahlber� aslced .if the Planni.ng Cor�mission �ho1�7.d rev�_e�:a this� and the Gonu�izssion a.�recd that it sh�ulc�. i�SOTIO�t by� T!r. Barna, seconded b,y I�r.. Plemel, to grant thc �ariance. �� Chairi�;�man ;•1ahlber�T said they should make �:he point that thei.r interpretation of the code �s stated c�zrrE;ntly is that no gara�e 9_s required, h�wever, a parkin�; area is re�uired to the side of th� h��use be,yond the 35 ibot setback. She su#;�ested a motion to reauest the Plannir�* Commissi.on and any subce±nmiss� on:� tYic�t frish to addr�ss t;his si.tuatioris to revi�w i;lle subiect of �ara�=.es on slib-standard lots. S}le stated the whole zonin�; ordinance was tc� be revietiaed in the near future' and this Commission srot�ld rec�uest specil'ic gui.dcliiaes on th::.s. � 7C FRIDLEY APPEALS COi�I�SISSION i•TEETING OF 1�'tAY 11, 1976 - PAGE 9 � ' � � � � , � I Mr. Holden sug�ested that they might be netting into a stick,y area making this contin�;ent on this particular request because of the policy that had been set in the past allowing structures T�ri:th no gara�;es. Mr. Kemper said that in this particular case the Administrative Staff Report did not address itself to this particul.ar item, and the plans didn't appear to be available. He added that he ;aas concerned that the subject o� gar-ges on sub- standard lots be clarified in the code. Upon a, voice vote, CnazrTrroman Tr�lahlberg, TIr. Bar�na ��znd I�ir. Plernel votzng aye; I�irs. uab^1 and Tir. Kernper voting nay, the motion carried 3-?. MOTIOPI �,� ?�ir. KPrn��r, secondeo b,r P�1r. Baxna, that the sub,iect of �;ar��es �nd �the I'P t11Y'E"1�'ri��5 f'OT` �lli�rl_�' OT' dC)'�Lt��_E? (?1T'acrggs ,�.r1G� i:�1C'�2'e^UlZ'P7!1P,11i,S t'QI" i'i:?Vf:!� OT' t1Y1�)BVt::7 CIT'1VE.'a?VS ?S t,hnV �?ji1�7V t.0 ?11V �_O�; ll;'iC�E'.1 y,('�(7 ,S^.il?Y'P_ tE?P1: �e C12Y'lfied �� b�T the 1'lannin� C�rani_ssion nc �n,y o�n�� sur:cornmi.^sion;. Upon a voice vote, all vot;in�; a:tre, t;!�e ;noLion carr:ied unanimously. � Chairt��ori�n ?�iahlberg si�,ated t.hat part of their conce.rn in rnaking tnis renuest is the nu^zber. of �a0' lots a.nd >0 t lois .�=hich a.r� being bui?_t c�n, �d .•:hich potential.7_y coul d be builti on, t•aithoiz�t �ar�.�es. She said tnis C^mmission ?,�otsJ_d ].i?ce some �uidcl.ines. ChairL•�oman �,Iahl_ber� as'�ed i�?r. Finlden l.00k at tr�e driv�T:�av on the a_d�i acent appear:: t?�ere is a JialaLior� oa tJ1� if the Inspect? an Den :r. tm�nt .>>ozild. ta.ke a r.roper�y t� th� I;ast of.' a33 Glencoe, as �_t orc?inznce. � 7. A RF'�UF,S � rOR `J�RI�..^�CES OF Th� FRIDI�i�.X CITY CO��, ��5 r�I,T�0,T5 SF,C`l�'TOi1 ?05.Os3� 1 3� TO R�,Dti;'r' l�;r L-OT �stt� .��, t OR �' T��! Yu.�l t�r'�' t' L!��F U:+'C'�.;:�,;:,:' f_'9s -L�'.��, r��0�i ?�'!)0 5.'l1^.T?�: rr;�"?' ��? ��c5!)t� S`)'v'._Y'� ��'��,F`I', A?dD 5�C'�I�1v ?0;>,053� ):C, '10 R;',i?UC��; I'rii� R'r'.yR Y�'+RD SETBt�CK F�C).'i �l.'IIF� iZ��.','L1��F;D '17';� �+'E:��:T TC) 27, i i';l�;i', TO ALI,Or1 � TiI�, CC�i�;��l'�ttiCTION OF' A D;�'HLLI,vC� �:?�ID GAitE"G��; `r"0 t�3E Lt)CA"� f!�D ON L0-1'S 1 A:'1D 2_� BLUCK U? R�Ejl�,�'tUJ.;�:•1 iiEIGnTS� T:I�, Srui�, r�ETN� i�Ot50 .T?::Q��D S'I?f;?{�i iv.E.s ��i�.1�JI�`�;�, :�iIP�Pti��;OTA 551��320 (R�,�UFST �3Y i��:R. A. T,, ir;TLI,IAI��iS� 9�7 -- �STI� A�di1;�UE t�,.',°d.� CUOPd RAPIDS, T•1N.) ' ' � � i � r 2�i0TI0��I b�� i•ir. Barna, scc�nd.eci b,y I�i�s. G<?b�13 to opc�ri the publi.r, hearinr. Upon a voice votF�, alI vo�ing a,ye, the r.?otion carr.:i.e�d l.zn�^,n�_mously. ADTiTIvISTRATTVIa; S`I'�"r'F I�EP�R`l' A. 1'lIBL1C PURPOSE SFRVED BY RE�UIr�ri�i�;IdT: I. Section ?_05.053, 3B, lot area rec�t�irement oi 7�00 scauare feet. �zblic purpose served b,y this sec�;i�n is to atToid the condition of over cr��,Tding of' the residerti.al nea.�hborho�d; �1so to avoici e�:cess burden on t:�e existi..n�; sewer and taater servi.ces. 2. Section ?_0�.0y3, 11C, a minimum rea.r ,yard se�;buck of 25% of the l.ot depi;h not less th2n 2� feet 9.s required. � �n � "'— 533 Glencoe Street NE � A.L. Williams � _ ' , - /� �1�� `..��,. � � �� r � � r �� . ��.� � �:� � �, j _ ;- _____ _____ � C , 1 � � r ; � ^� . I ' � � , � , � � y � ' i ' � � i � ; ; �� 1 1 , � \ .; � `° ' r �� : ! �c-ic �'� ,'`�" , ' ,�� ' 1� � �� , � ; __ _. _____ __ __ , __ _� _ ,, a .�___' 3 � ' � ° � � __ _ -- -- - --- - _� . ____ .__ __. ____ _ - ----_ _ _ ----- ---.-. � . � S--i� �' � s� id ii � � /1� ,, � s' %' �V L=. 1 . � � � � 1 � � . vl � (�� /.9 � ,Z p `'` Z / M „"•.� ` i �o �� ; 5��. 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F� �'�"�` ` {� ��?�^��s ��- 1 C�'. ` 1t � ` �.. � `lP,� �r \, �� \\ _ l 4 � �ui \ t\ '� , .i✓�r�� 1� ff .�.✓��P"; �`� `1,� (�� -��- f �� 1' � `"'/ } "J 3 '` W' f > 1 ` � ��d V ��+'�., .-1 - ; �r..t�� ( �,.r'"� . p � � J \ n��r+l ' �. .'� �S� � � � � � �,,,.s�.AC' 1 � �7 y �r ' � f t ''-� t ' ` � � !� � r""r,' ' �-1t�`'1`�:�3V �`"' Y1�' � �.� '� , ��? �` "r�p i�', � .� -c�'� `� " � L �� , : � 1 t, : s 1;;:. q t{' � � % \ . 1' „1� '` ...oy' � t� 1 1 . �s '1. ` \�` 1 �° � ��"'`:F `,,` G,�\�ti� i.;��i ,�;:'\ � ,Fr� � �� ,�.',s: �i ��- �,� �l .��i�"`� _ �-� ' �, s� �� 1�.1 '" ��51 r '; ,.'° a F: �" »�. ` � � 1D � ;.,v:: ��'�� '� 1 ��i.^�'l � ,�I ° � � �'�`' \`1yUr�r�c� \�, < , r I ,,.•t- � � � � �"� 4 ,. � r"�s�l� >5.,,..��; �r �.r Y • C � t� t�l� ..1''` `1 ar .� ,� _ �, r C .; .� ti � :.-" >.! .f �� .y; � `�� ,' ` `h ��` a- "� :,(� \ ��--�� r �9 � � ` ` ,;� y►'ew�fY'� � �!'��,t7�/ x/ ,�T „l� � \ Y � � e.u�� ;�s �+ � , �- . ;` � ` ,y'�, 7;� �.�; +�+'1.�°" -� � ^ . r',' 1 � �-¢; :t" 3 ; y � � �j � .�'" �� k� - �� , '' t�,�t��\'J��,I w,`L� �. � � � �- � � ..t4�� ` � � . . � _5� lrl`�1 1 � i .w .,�� y . 1 . :`, \ � `. � ��.`�y/' E �"> �,.Y 4 � ,r'�` � C ,`)'� �? � - �Q� � �4,w� t� `_t1'o .�- �, c tPt t ,\ � 3�u «� ``"' � � �.•-�--'` �' y °—`'�' A� ��,�f'`! ,`a`�� ,. ` � '�.'� �d..;-'.,.�� r �:,-.'r. .° ``� 1� {�,� ..1. �'��. l , \ „ � � .'s' "`r� 'r'l,!/� C RN 5£C. 3 . . I � _ - � 1 - `� � ., : . s� f.,_ ��- �,,� ; � . . � ::-�- ' .� �� ;� � � ,- '� ��b�.a..� : �� I � ,�.��- � - - �.t c '--+ � ` .. ' r � L � , �7` � v • ,` , `� N .:i° � ' \ � ` ` i �. ...<< � � Gs` . '�� , Y 1 �,,..::.•'� � ,. �� ,�.+�� . ;a�► �' �-{`�� pr'� � 4v �. �e �t� ~ ( ' ~�- .3.`Ir' �" . ! . '_,,,\ ` �`_ . ` \ `.v;;I � „', �.. �..z�;�, � 5��',:��; � � e PARKS A1dD FtECi%�/tTTON COrR�IISSION MEETING OF APRIL 26� 1976 - PAGE 3 C rm�n Peterson stated that last year the Commission �ave the soccer o�ram $500� and 1�ir. Harris said the same amount had been allocated this ye� . i•s. Peters said there was r:oney in the bud�;et for field ir�orovemen+. . Mr. Salas had Aske or up�rading at their main field in Locke Park� and ?� . Huf� said there was pl:n for �hat. Direct�r Huff id that Lhe cheapest set of �oalposts th the,y would even consider was abou� �l�00. . Sa1as su��;ested he could make the �,oal.posts if the tiood �ras supplied to hi:�, a�z i�;r. ii�.iff said there would be no roblem if i�ir. Salas. nrovided him 1��ith t31e snecs. .' �. iiu�f noted that Madsen F' �l� was smaller than a re�ila-tion fie7_d and as .d i�_r. Salas to dra�:� out o�r he t�rould like it marked. He stated �i�at �1'uesdavs h been set aside for �occer, and he could also order the ba11s foz• ?�ir. Salas. . � Mr. Salas as'.-ced what deci�ions `�Y;e Cor�rii��ion had madc regarding the soccer bud�et� �;.�d Cnairman Ye�er�otZ sa�a.t r.d been decided to star� on a nro�z•arn fio up�i�a.de the field.� i�e added tha� ..:t � ould probr.'�l; :.c� be ccmple�'ted all a.n e:�e year, but ��e *.rork �•ro;ild start. ?�:r �Iu1f stated the field urould 'be t�op-dressed as soon �zs i;her. e�,as t�_rr!co Airector. �;uff' asked if hir, Sa1�P t•=anted h�m to order �he Tpsrxirts, and i�Ir. Sa7.as said i.he .:>�1irt.s cost about, �.00 apiece anc. -t17is mone�r tiras included in the �5.0� charged i;o each player, - 1•'Lr. H�.rr:�s sz��;�e.�ted �,o :hairman Pet�rson t;}za.t h prepare a budget for. I�ir. Huff asz_de fz oTn a�y cir�ss �- ar and determine tJr�«t this �.cne�� can be allocated for. I�tr� Pe�;erson� st��t�e„�?°d. that i.t mi�;ht l�e benefa.ci_al to '��3r. Salas for i,hem to work o�.zt ro:�� L;i oi an �.ssoci�.tion so t'r�e Corn:r.issiora+ TOlil:lil�t; I121.1G��.P, the ironey but ti,rould �at 1F .s� havc a taorkin� arran��:nen-�, and .aou]_d�,nderst�u�d �,7hat is ha��nenir;f;, t.o . I?e. e�;nlained tha:: t;rould give them th�ir x; � ist.rai;�on f.ees plus the budE;et �, neye - , I�Sr. 511�i�-��zsl;ed if th� person s�ho mark�d the iiel.c� was pa_�rci, an I�i��. "r3ufi ans:��red ti�at he „�.:>. P�ir. Sa1as votun�ecre�'. to ma.rk t.}Ze fields fre� of cra� �;e9 and ?�L.r. }Juff .r �plied t•hat if that t•ras a conc:ern �rhen t�ie bud� ei; �aas pl�a�ed ' t would be con�' ex•ed� PF:I'ITTO'i�: F'�`�Z PA.�1K Oir PARCrI, Oi� L�;',�?7�?U.�;1�T2'G FRn:'� I°iISST�SIt PT ST. TO 67T�i ��1AY �i:sT;'i';�.I� r15�11`l�N �Vi;. I;��:J `f''r'.:'� i�;{Il�,l{f)t'.D 'l�ii.iC;;i>: --- �.�. 2-Ir. Ronald �teckr,axi xead to the C�n:riission the follotsin� petition �or a park si�;ned by 2� o.� i,l�e ��rea resideil i,s : We the under:�igned are requesting that. the Yarks and Recreatian Department of t.hc City of F'rwdley provide a srif'e area for which our children may �laY• � Freseni;l,y there is no s�.re are� ior oi�r chi3dren to play eil,her singularly or tis a�roup, wi{;hout driving them to another areA. The tax-payin�-; citizens of the comrnunity which is making this request i.� boi•derer� �n the '�Ic�st by East River lioudf on thc East by the Durlington 7r- 7G PARKS AND RECRF.ATIdN COF�IISSION MEETTNG OF APRIL 26� 1976 - PAGE �t Northern railroad tracks, on the South by Mississippi Street, on the �iorth by I�ocke Lake. ' - Th€�re zs pre�ently a parcel of land which is unoccu�ied� and t�e believe o�m,r�d by Anoka Count,y, that wauld be arz ideal loca�ion. 7'hi.s piece of ].€�:� .i run.�in� from Hlissis �ippi St. to 6'jth Wa,y between Ashton Ave. and the railroad tracks. This piece of land has alrc�ad�l heen partiall.:r i.m�roved due to the construc�ion of the underpass an i�:ississippi Si., and could easily be converted to a recreational area t:ith so;�e fencing. 1•te rilso believe that this area could b� an aestheti.c part of our community as opposed to an eye sore, since its present purpose is but a raere dump. To reiterate our request, we would like a. constructive and safe .�rea ior z:hici7 3.�.t.erally c�uzel�s �t our criild:~cr� �ould use t�;�tti7out r�:.r. ents worry oS cars �_n th� street, tra�.ns on the tracks, or one of the children drormin � in the creek. These are all tiaorri.es we �s paren�;s have today in this area. I�ir. Stecl:m=�n sa.`Ld that 1G�� of the homes he V�ent to signed t:�e petition, and ihese 2� homes rcpreserted 55 childrene He said the�.r i.�:;�ediate concern t�ras to have a portion of th�.t area fenced off so they wouldn't have to ?;�orry abou� �hn CI111d.r'e:7. 1tr. iiari°is stateci that «t or�e �iMC several. lot,s in that area had been rr�d-tag�ed for a par'.�c, but �eopl.e at that time didrz'+., see:n to �e in'r.ere;ted ir. pui•suir�g thr�t idea. Iie si;ated t.�a� ii the pt�ople i� the area are�ccnce.rned, the Comr�ission woul.d certai�ly try to cio somezhin,7. He a.dded tha� he bel:e�ed t•he red-ta�;ned lo� had been releaseci back to the coi?nty. rir. fiarr�.s said the area dicin=t have enou�h dei��h to have a�all fielci, �id �•roul.d aetually be more ot: a p1a,y�rounci than a�artc. 2�t: e Pe�,er.�on a.d�eci �hat the,y knew from past experi.er.ce tha�: 5_f the?r t�: ied to r?uti in �. ba7.l field or even 1.e� thern pla,y sand.-�.ot ball in an area �hat is not large enouch, there �ro�.zld be t.r�uble. He e}:��lained. thzit older icads s�rou]_d dra_v� the little peeple ofi �u.d ttie,y wouZd cha.:�e tt�e ball:� i�hat .�rent over the fc:�ce and onto t}:e tracks. He stut�d t,rat staif �ro�ald have to 7_ook at i;hat very carei:'ul1,y fror� the st�nd= }�oint of �that type of facilities would go in there� �.nd �;hat generall,y tl�e,y YIOUl� ti�ve to put a �op lot oT� that type of drea. ?-Ie explained tney had : ome urell- devcloped �uidelines as to tahat fits on various size properties. 2�ir. A11en s1:�ted the main thi.n� ��as to have some open area far the children to play, and P•ir. Stecic�nan added he dicin't want to dweli on the ball field. �l�s. Blair su��e�ted ha�rin;; a top lot for the smaller kids, and Also possibly a tennis court and baskei:bal.l area. t�ir. Nuff stated that the underpass construction has reduced the circulation through the parkin�t lot of the Redeemer Lutheran Church. The county, he said, is working wi th the C i ty P-ianager to devel op a park pl a�� whi ch woul d i r�cl ude some type of a parking lot t;iat r�lould aid both the church anc± the park. ��r, liuff said that Jerry Qoardman ha� produced a preiirninary plan for this property� PARKS AND RECREATIOiJ COi•4�IISSION MEETING OF APRIL �6, 1976 — PAGE 5 n Mr. Harris stated that there was nothinr� zn the budget this yeax for ti�is� but if these are t vc-forfeit properties i�; could be discussed when the budget is planned in Jul,y. i�10TI0N by 2�ir�. :�'anar, seconded by Mrs. See�er, that the nirector red-tag the la�d that i.s t�.--for.feit pronertv, and alI tnat �.s contiguous (in the Ashton area behin�? R�d�::emer aJ_on� tl:e railroad track� as far up as possible) for the purrose of cieve"+_opinf; .a park i'or that area. Upon a voice vote, all vating aye� the motzo.l carried un�.rimously. MOTIO;d b,y ;•ir. Irlagar, seconded by P-Ir. ?•Ioore, �o receive �;he preli;�inary petiti�n for the �ar�c. Upon a��aic� �To�e� al� votiz.E; �ye, t':e notion c�sried unar.�:~r��1J a oY.S.��. - GI3T�S :;GI�'�iT�PaLL °��G�'<<i: ' r;r. Steve Cayle read ta �he Co�:~�isszon the follot�in� Protest �'roc�� s: ' ' ' ' � �� ' Ilotice that the g�~�e is beirf plaved under protest m t be filE�. 1�ri�th the uripi_re b,y �,he coach ir�u ec?iatel,y at �the +i .e of �;he ' �pu�ted decis_ion az;d beiore the r�ex�t. pitc�ed ��. to tile ba�;ter oi' ext p1ay� ,P� 2. Z��ritl;e�;ort sei;tinr fo.r..h alI �he �'act,�' of �Yie �;rotc:�t, ,nust be fi_led i��it �he �ivisio~� D�.rector oi° �e�:�i;e Cno.�ci�.nator z�,icnin foi�i;yW eight (!�8} �'�-v.r�s oi tn� date oi the t�sx�t��s�t. 3. Lc�a.�;ue Coo. d7.T�ar ?� sh�1.� appoinf��;}� �ree (3) rn�:>r��her. s af ihe le-.a�z�e nat conneet.ed Y�-itI an,y of �r�e '�ams to sez�7e on t?�e Protrst Cornrnittee. la o �?efore a dec:is:icn is ri ic;,;. Uy �he YI°otest Ccm,;;:it.i;ce and i„�a�L?.e Coordinatoz°, a. clarif�,�a�t��az and ir.Y�erpxeta{,�_o:� oi rule^� ,�a,y be secured in l�T'7.�7.22€; �'ct�:.�r oi�t.e-legram) fzorn t�.�rierica7i Soit;Ua11 Association IIead� a.rt,ers. o ' �.. Final decisio of protest. shall be c°�cided by the Coordin�.i;or and his appoin� d GoMmiti;ee. �y 1�ir. Harris saicj/�ie has alstiTa}�� felt that i.s: a nrotesi is going to be filed, a monetar,y fi.l'xi'g shauld also be inade. He su��yested tli � because lie felt it was so eas to prote.;�; because it didn't cost an,ythin�, ,u�: he �.houffht for the .firs�` vear ii; eould be tried accordinF; to the above pr edur�s. MOTI b,y r1r. liarris, seconded b,y Mrs. Sec�;er, to accept the Pz• �.est Proceduz•es u- ittcn. Upon a voice vote, all votiiig <�ye� the riotion carrie . tiilanimousl��. 7 f� 0 J.; ' PARKS AND RECRF,ATION COi�MISSTON t�1EETING OI� APRIL 26� 1976 - PAG� 8 % I , � I� ' ' � ' , ' ' ' ' � �� i ' ' � , li/t%fTNG PARKS : D;rector Huff rela,yed a messa�e {:o the Commission from the City Manager regarding naming of parlcs. He felt that n��mes o�' local. ori�in mean �ore to the people 3.n our area and ��rould be locall,y r:or� accepta.ble, and nanin�; them after people or the nei�;hbornood would be a better altern3tive. It rras also suP�;ested that we don't si.:npl,y try to fir.d every sin�le p�ece of property and slate it for pt;rk develop:�ent in the f`ature .:nd n�ne it, but instead :-rait until the develop- ment is eminent and we have plans for it and the money is tizere and then name it. N:r. iiarr�.s said he supported a resa�ution not to n�ne parks after peonle as it wa.sn't fair to man.y neople who ��rorked ver,y nard and i.eren't reco�nized. He stated he also felt it trnsn't fair t.�nen sor:cone has donated the land to the city ior a park; to nar:e it a�ter someone else. p�u,. Seeger �ubmitted to �he Comslission a list oi suggested paric n�.m�s from the Inter-Txib ;l Council oi r'�oka Coiulty9 along trith thea.r meanir�gse 2�tOTIOiJ by J�r. Iiarris, second.ed by 1-ir. :�lagar, to accept the list oi Tndian names. Upon a vo7.ce vote, a11 votin� aye, �L'ne r�otiori cur.ried un�:niz�ously. I�IOTI02d by J�`rn ��arri.s �-e^�nded 3��; "�ir. i�:oore,�.._?.fi. the P_l.a.nx��.rry_Co:�u i.ss5.on t�. � 14.._..,.._..-. . 1 � �. r F i �7 `� ? ' � '] � 1 � : i I`e', O� ""!°Tl�.� i h �t":e l.l �V i.O�J1"1C1� -f, < � 1.�.1:,0� )`l 1, t"� O_ f] C_<_�._ v d 1. 1"_�_ �' CQ �.S (T�°11C'.OE.' 1""<iiC• U�C:1 H v01~CC: VOt'y u.l..i �,TOG�.1'i� c^.y::� illE'. Tf.Ol:l.0i1 C3_�1C;Cl :i711�:1Pi0US.1.V• 1�40T7Uid ?��r ?`.r. Har�ise s� o�drd by I' , t`oore �,hat thc �'� -=�`��T'��' Co�'�'r.�_s.�ion T'E'Cp:"`:i�:Il(�_'GJ ..[1? l'.;i,V � t t�r'i� t,"_�P� 'i��i'TR �:'�'• :�i:'�: OI'I'�C' ^l��r 'Z^r CO 1'`O.�'i,}1 Park. �pOli��--M—,i3 VO�.C�? tTO�;E.'9 31.)_ VOt.I?7:� c11:ey MVt1E.' i�i0�`.�1.0i1 Cc'tI'Y']_C;C� 1171c11:1i�:Ot1S1V• 1�I01'IOi�I b�,• t`r Ii�.rris s�con�led t�v t;r, r:Tana,-, tYa��°�he }'1�:n�?in� Co;,�nission 1°CC'O nIlC')lfa j.n� � lr'�Ll i��r (r�" lC� �� L��:' U''J 1� T n i� k>j\ri Y] �'L� �.�._..Y��l V�c�i `iO'-r I�cLT_''K untl.l_ tre, �^ i�+'ur�'�r.x• �tie�Y__Y__.____LCr _�� rt�.�thz� rc.��. tipon �� Jo?.ce vc�te, a11 vot:�ng aye, the mo;;ion carr�_cci tu�aninou:>>�.:,r. 2rirs, See�ex• said she su.�;�ested Gl_en F� rk for Unity Hospi �.al propert,y as Glenn Tiiomnson l�:�d so rnzch f.o do ��ith Ur��ty IIo�p�.�t-,al. S;�e �.l.sv I?�inted �1it that glen meant "Tender of the Valley." She explaii�ed that a letter had already :been to h1t�s. Tho�npson s�ying a park was to be i�amed after her h�asband. rI0T70?? b.y ?•ir. i1<�rri:� :�econdeci hv i�:r. ��J��far� that the P1.�3nninrr Comm9,ssion recor�i��nd t,:) tll� Cil�:�� .�?llll�.?_�.. �;}l�?'i� t,i1C j)Il�.i;�I F�O.`�n1t:Ai ;'T'O�`f?T'i:`7 b? O.i'l'�.cially n��med Gler,.;<<lc� F'arlc. lipoii a:roicc� vote, .�.11 voi:i_n� aye' ��lie ��ot�ion ca: ried uiiatiir�ouc� 1��. I•i0TI0id b�r I�fr. Ei�rrzs. ::econded bti I•ir. i�`oore, th�t the Pl znnir.� C�mm�_^sion rcr,ot�m��nd t•� t,h^ Cit,�r Col:ncil that :'arr ]�akc� }'�.rk be o1'i'�i cia? lv n:.unc�d rzc ��r:�:i"�ncc ';�rc, r. ii a voice v� e� . vo xng aye, ti e mo xon carried L1T�c1.T1 OtiS�Y. , itOT70t1 b}* i•Ir, H�rris, .�.>eCC�ridc�d bv ?�Ir. �d��ar, th�t the i'1.at�r.inE7 Comm�ission recomi7cnc��-i, �e ,_i. .v �,unci -_.�i�a� fT��.~ri:; T;L�:e�"":Ti.��e:� :e o i�l.a.. .Y n�uried c'�'n��:1;Tii.:L�r^i��:�pori. :.i voice vo�c�.� a1. votin�; �'e� tie r,a lon cari•ic tiri �ui"."._... lm oii ;; .l:y . PARKS APJD RECI�EATION COt•tMISSION MEETINU OF APRTL 2(�� 1976 — PAGE 9 MOTIOt; bY tfr.�. Senr�r� seconded h�� 1•;r. 1•�oore, that the P].annin� Comrii:;sion � recorn^�end to t,he C:i.i,v ;;��,ncil that t!:e t'rizr�ial.e Ito��d and iticF.:� Creek Urive � �ron�rtv oe n��rar�� /:ni ;��inab�a witt� "'i'%ic �r;on].e" in r,�rrnthe:> �>. � Upon a voice i vote with three votin� a��e �:1d two voting nay, the moi;ion cwrried. �IT)LEY YOU`l�i�C��.��,TER UI�CLSSICN: � � D�xec iiuff stated there �ras not enou� h roorn i.n ttie Cit,y tt�.1. f a youth centC'l, e anti_cinated problems �ri1;h noise if there ZdBS m��si� nlus problems tirS.th parkin and sur�ervision. He said ti�.e proble;z t�ras that n bEin� arair.st this particul� �_ Y�ropbsal i.t looked as if. �:hey �,ere a�ains you{;h centers. 2�r. W,'. gar stated � was �or the ,youth center, but no �he su�gested 1qca.iion of the City Hall. I�'�sai.d �•:e are growin�; and may r�.P-'ed more space than �rhat we ha�re presently. � ,� i�i07`J:Osr b,�� p.�rs I�a.1'1^is j s^co�?�.��. b,y r�'rso iee�e_ y tl��t, s�.nce fi.he Co�m�.s:;-ion �.s in futi�r of a yout� c•�nt•er hu;; � ot ��n ia:ro� of �oc<xi;�r�� i.+., ir th� Cii;y H311. the tiw:� Resources Co:r�c.iis.-�io;7 be �s;;ed�i;o talk to the people u�: th� P?orthea�t Y arrd f3nd out t}Ze s �,ztus o�' their p?�.?`i•� m�,nd see if a ��or�, �.ble solui:ioz� c��i be :�a:e ��;ith their• fa.cilit�T a�id our��'��:��ded use. Upon a�;oice vote, �.11 voting ayes the r:otion carr:ied una�ir�cusl�z, . `"4� ADJOiJRi��r'��T : P�sOT:�OP� b}� ::r� :i«r,�i^, sec. iGi:t. �`;Oj��l<:4�7' d� �j : �V ��12w Fieeting nota in session. � �r uria.rial;tOtlSly. �� d t�y ii7^. T�aorem for ��,ont�i�uarzce of ..��.s r��eei,�n�; �;h�zt tre Coi.-nission co1�lc�,a±•�end �;he �i��,r CoL.r.c�.l n a vaice vot�, all voting "�e, tr�e �:�tion ca��°ied Chaii�an Petersor: �� iournQd tlle mee�tinf� at 9:�b p.m. �espectf�, y sub�itteds , . g �� (��-�1�.::t�j' � ' '. erri 0' �7onnell o cordin� Secretary 7J 0 LJ LI � � � IJ , ' i � � ' � ' � ' � ' SPECIAL t•1r I�:TING OF THE PAKRS & RECR�;ATIOiJ COT•Q�IISSIOPJ - AiAY 3, 197� - PAGE l.�i . . � . /� 7� Dir , r Fiuff said he had to have a policy est�blished, even if '. was or.l,y providin�; � the Jaycees and Fire and Yalice, so he ti�oii ave sornei;hin�; to tell those ot�e ople reque ;ting tourn�ents, 1•:r �uf'f as�;ed the Comrni.s:�ianers their feelings about :essions, and 1�Ir. :i4rr' . explai.ned thai, this �ras hoja tYiey made thcir mon�,y, as the c., �ave them a � ciai l�cense. �i0'1'IOPd b;l i•Sr. Pei;er�cn, seconded �ir. ar, that �;nis ,year the cit,y conti.nue the }�o7.ic;,� of on?}r h�v7.n� t;r�� ,•:o fund-7'a.1S1i1F; ?"I"1?!1�'tlt5 (Ja;vcce;; �.nci Fire and Po1ic�) and ii' oi:her ch� •' abl.e �;roups �•:��n� iu 'r.a•��e rn�meni.s �t:e�r t,�il7 re re^.uir�;a to com^ h-�'.�, E; Y,�'1� C;o�^� tissi�n for nermissian, =�nd ,.' -.�? �-ra�ans p�st a�'�100 bond T�' '...� �•;ou:�.d }�° r�t�irned if �.he f�e1d i-ra� proper:Ly cle�:ne ��`UPon a voic.e ,��, all votin�; a�yc�, _t,ne motion carri.ed un:,.ni:�ous1�. T� :�v;vlS COUil'�' LOC!;T1_�'i� � : Dirf:>ctor ;iuff' nasse� out c?i.anr�m.� 01' the pr�posed t�nr.�.s cou.rt locat,ians, �.n�3. iniorm^c3 t}�� Co-:�°�� °sion that t'�� ec�arts in Rut.h C�r. e1e F�.r,c �:xici Snrn^�it Sr.uare ;aere sch�duled .fcr trii: ,,-�=!r b�it tb.e nud�Je�: ?:�a� ;,6,000 ��icrt of i;h� �-t?,CQO � needeci �'or the ;Iad�:;er, court. ,fn`�L��i'� ��' P^•T^ l�•`-�?�.l >S c�,Cr,p��r';1 1)* T1 rtT�.�lr..'...°_��;17�� t�'l?7� tr('._�J��)O!1 �p_t}1f' r`1��E-n�,. _• . _._. �..�. � ., 1 � 1' ) T'.� f � �l �� r�r n!'� .i 1� [� � �ri � V v1.4t .f'o.r i'��. �,,�-en ��n,� c�, ,, �c:� a � c �c�iM_^c . ..__ ._ _ _ __....�...__� n j;l r� ��,-- .-� . ��' �� j � r;r �� ?My i,il('. IQOt (`.t� r� �Y r�i PCi `;.Tl r� rint� _ � 1• tir.:c..�i �._ �� .�� ,. . �:,< , -�_ ,`_° .__.�.. __......��._�.__....�...___._.__._ _�.....__ ..,.. Di.x�c;;;a;cr 'r1uff' x;i�o�o�cd t;hat tr� co�zrt be �>>a� �n ��n c�;�^i,-.rest no`�ii.:i.on, .�uT�.t.i of th� trol'le; b�].1 �'i�'I_d, 1�?s. Se c.r�er a:�ked i f t.}�e eVi ;:tir.�; 7 i�ht,�; :i.n T?ut,l,_ �ircl e ceui d be tu,.�ned amund . � � s conrts5 �:nd ��ir. 3�uf.f e�_n7<ilnec? the N1 c�seni� l�alic�,- ,..as tha.t to se_v�_c� t_ie ��nr.; ,• ,� ' ' P�Iro x'et �rson pa�i.,�ted ou�L- t,?��1, it :�;o��l.l :i.ncrease thez�e be r.�� l�c,�c^ � ten.ni� co�tr�s. the r.� e.r:,��ion.^.l t� e at these col.rts, �nc. ;�r. .�'��7ar saici a metnred ��yste:7 l�aa been di ;.,ussed p: evi_ously. D;rect,or iauff ini'or;n;�� ;hc: r��e?��b�rs th��t l.i�ht5.n�; �;�e r.ouz•{�s .,oul.d inc.re<�e t?;eir cos� b;: ��; �. 1-Irs.. 5��::�;�r nointed o�.z�t t,?��.t ,;�rhar�s in �u,.h C:irr.l� <,nd othe,, sir<<i.l�:r n:�.rr:s the e�ist�_n;; 7:i.�;hts cou�t.d 1�e r�ade ri�.i�L{;�.-,,r,ur�o:�:e to scrve th� r�t�ds Q{� t)Ot:� I?C>C![n�• cT1'� '::C21iAl�i• 1'!�• �'(?t.�1SOT? 3.°}:G�. 1`ll'e }{U.f{� lf' 1?E.' C�7111C1 ti?n@ �, �-Qn}C at ti;i ��.r�a a^�k.� a recorti,�enda.�,ion for �.ui.l: Cir•cic�, r�nr. �_f. the :l ir;��ts coi�lcin't� b° used t.'.•�e �:a,y ,trs. Se�;;cr s�i^E;esl;ec,, then 1,l�:�.y ;rould hr;re to t�1cc� the lacatic?�Z thai; t•ras o:l tihe dia�ra;n. Iie said h9.s r.�ain CC)1"1C�T'Tl �•ras t?:at. the r.ourt not be too c.lase tG �tli: IlE ��1'1;�01`S. llirector Iluff s:ti.d th.;t, Sum-�i.�; 5cuare ��ras a two-}�icce nark, wit:h a playgr.�und arca acro,�s the si.reci,. He s'�.id he �E;r�ed �,rith ttie J_ocation on the dia�ral.i as he didn't �ee an,y other nlace t.o put it ir� this pai•k. rIQT1O;i by Jan 5ee�;er, seconded by Harvc�,y r•?a�;ar� to accept the tenni.s court locations ti��itll ti�e recommetzdat:ions discussed. Upon a voice z*ote, all voting a�e� the r�otion.carricd unanimous�y. 0 7L PLANNING COMMISSION MEETING CITY OF FRIDLEY MAY 19, 1976 PAGF 1 CALL TO OFtDE?� : Chairman �iarris c<�1_led the meeti_ng to order at 7:33 p.m. !'OIrF� �"I;I,: I�iembers prerent: ?�arris, R�r�m�n, Lan�E:nf'eld, Gabe:l , Peterson 1'�p�UE'r� �1i)Sf'�'Yll�: Ct,L.nrc n^.... _'Y�v: T,�:�p�� h�,a � F%?'i Oi4� DO:i:';�:i1^:� f vi�;�T Pl ann�:� APP�Yf`�r�� p7_ ,,� �r � ,. �,�FTe�T ;l T�i" ,'Tim ��; �i^Y 7. li%� : , :� r��;tr �,�. . � zl � r.rti� . .� �. I''4()'�'J"('� ;1°;r T�o+nrgp:l �:'P..:,021'�E'.;� �)}T T,?.I7� r':;i�!'.�.�� r:8t �;:1,E? j��.?X?i11T7;r !.;O"1.T'11 ��; LOT1 I?112�UtC'S Of j:.toZ,T C�y r�J%h tiJ(' ?T1P.,iOt'C?rj �c t.,7'liit.�Xls I)�!)?1 2. VO1CC' VOt.°� '��.1. �TQt7.??�? 3VP? t,:le PIlO�lOi"i C�T'1.'1(:�- U21='.:1:1.111011`il". Ry;C?:TV', i';''� R�'S �� ?� � _ir;.-'.1 ?C�� ('C'i i."��I"SICiv ?; i i<;tJ �' ♦ S : �::,R7"I, 2F� ? ? 97h 1'��11i�iV �)' !�f.'+Er'S02?� ,`;('C(?'-7C!P(a �i' T r,t 1' _lr7? t l-�n �a ('n•it��1S.`;1 ?' n�, f,a�-i r�� - ?�at t Y_. t�?��_n�? , on e a.ve tCIE,' I"l7illli;�'.� Qf' t.r!P u`?;.�C� t�'' i�£'r7'C��s�,1.0?� Ill��'.t,l?"1F%, n�� t��_'"1)_ ��s �.�7F%. Ti;:.pYl 'rl VO�.C@ VOt-E.'* r'_�.]_ VC�?�121f; ?j'G`y I;'t1E'. I'JOt:l.O'1 Cc.T"_':1f'�. l:i'`t''.Y.l_:IiOL'S_l?I� . . . ii�l?� I'�??Tl `!c T1"lc c^-�_(j L�Ci`�.t r. ?.�,!; '"`f„^�?.:^'? �i•C7 l.'';f' D;?t1t;7.C;-! 01� f.CiB I�''.T'r:E_'�. O f' _.2.T1. '.'lli?I7.1.I1;T f?"OI'1 ��1.�;51"�11�?�7. �+T"':Ft, t;l �)7*��! .."�T �,iG�t',t.rc,r'27 �.:�";t,C;rl htrc'2"lli(? ,'31'l�. t?"lE', 1'n1.1T'O�?Cj t:'��'•:r:° r c.l")�)';.T'E'Tlt�•r 1l. �)^t�:L�iICXI I»�1' �E'('T1 7'f�r�,i_jr�r� f�Ox` � T'�?7'k lYl t.}l�t .'?.T'�',fi� %iIZCi 'ic�fF� if {;1�:�� ?�. CO?".'rCf�e �''�. •��?t,?T^n7� zF'�11�4'� it", j,-��-� �??"1^� lI1r'b,�-.r1c�� '.�lf: �ornmission f.r?�3t At f;}lv ?`�`iz.r "�' j �r . '� �.!?"' .'1�^?.CY2 "7'OI"il ; �,_`1I.i };?'j b(?E',ri ?V$].7.,3b1? 1.T' .'C 1`"C�?j.7 T1` _ T?I'E: ll'1�.T ,, `>, _ : �"IOt:1.i�r? � ?i�l; i�:0i21C: ti)(' C�qYiE; 7.�1 t.��?f. �iT'£'?. �-.'�? .�?];r>l�-il")f?C� �.i1�t ].� 'a'iS t.;1X—f'UT'f'f?lt. 1.n:3 ;��id �;hey rea7.l.;v -,,a�zldn't '.tnow f�r si�re ,��n�rc� i�, z�roul d a7_1 b�> until the street is in �nd the fi_ria1. si:r�Te�a t.r;a.> irz. H� ftirther expl.a�ned. ttie Par:,c and Recreati.on !%om:ni,ssi�n ,ha_.s v1� tzr� �.nr on incluciirt? in-i.s i.n the b�,id;*et for development ih 77-78, and sai d:i.t i,rould be a cont�nui n� tvpe of development ��rith a maste.r plan. h1r. Boardman a�k�d if th�,y recommena.ed hol.din� a1_1 17 lots, and ?�;r. Peterson replied the,y hn�l. MQTIOid t�y B�.r�m�.n, seconded hy �'c:�ters�n, to cQncur ��,rith the recommendations on p.a,t�es 8��rid 9 of the }'ax•ks an:� Recreat.ion Con�%ission mirnites concc�rnin� n��ing of parks. Upon a voice vote, all votin�; a,ye, tne moti.on carried unanimou`l.y. REC��:TV� PA?�KS �� R��,CREATTOI�1 ::C.T�'i�SISSION n1Ii�tiT;S: rS9Y 3� 7-976 '�iOTIt�1r b,y Pc�t;c�rson, seconded t�v Ber�;man, t:�at the PI.aT�ni.ng Commi ssi_on receive the mi.tn�t.es of. the Parks and Recreation Commission mer.-.t_i.ng of ��,y 3, 1976. IPlannin� Commissi.on Meetin� - May 19� 1976 Pa�e 2 7�� i � � �� Mr. Peterson asked the Commission to note that it �ras a reconvened meeting, and not a special meeting. Chairman Harris said he would certainl,y encourape ihe Parks and Recreation Commission to try to get the Springbrook plan i�r rIrrth P�rk en iirm �rr�;��, a.s i t-„�pear� ' ±�o be up in the air at th�s time. Mr. Pet�r�on exnlained that at the ntiblic inforr��ation m��;ting of the Citt,* Council on April 26, tne Springbrook P�?ture Fotzndation made a presentation to tnem concernin�; rene�otiatin� the contract. He said that t'�is t•ras t�� rea�on he h�d ad� ourned his m�et9_n�, and exPl.ained the,Y had t•:anted to be there ior the presenta.tion. i�e s+:ated t;he Citv Council had fe.lt it sho�z7c� come back to Parks 2nd R^cr��cti.on for them to 1_oolc 2t and make recommendations, �nd t?�en send. hack to th� Gounc�_1. He sa�_�? that tne C'ilSCUSSlOri StST't1T1� Ori p3f?'f �!1 �T��li?G � Of t!121r nt�I11l±E,:'} f l_71�70�.ti*P,C� r�ne,rotia.tin# the pZan. He sta_ted that ba_�icallv ::rha.t o.r,c,zrred ?.r=�s t�iat ��T!�en t.�� co�tract ��Tas first, signed r,y +he c� t��, it :�P.pi'ln� t�?at Snr. a.ngbroo}� }:ad then pled�ed t�i� t thet- `✓IOUZ(� T'2.1��' ?7lOI1(`V f?'O:�i Olif;'1�E? �OUT'Cr^.S ?OT' t�'1P. '�-C'�7P�.OT%�lf?Tlt Of� t.!"1C? ODP.T'?t;1ri��T, �•:9.th the ci�y to f'urni.�h certain �er•rices. 1�17`. :�E'tE'7'S0I1 fUY't�!:PT' �X?��'?.7lle� }11�.t +,''lE'. �b'_"111(?�GTOOkC il?�1a7'f? rFT1tCT' }1ciS '?. �''T'%'I1t of d�27,C�00 cor.ti_n�,ent on t:ne far,t that i.t be maY,^hed �y ?aod�, services, o.r money in �n e�:ial amotmt, to�-�rd t:�e �ev�lop,n �nt c�' th� natur. e cen-ter. He sa� d t},e,y h ad asked tY�a�; t:ne ci.t,y f.'zirni �.h i.he time of th� C; ±„ 1:; �-hUT"';�.�_-i_.`'t t,o th�e Foundation on a. no-^ost b��is. He contin,.zed t,,at this invo�_v�d con�iderablP di:�ct�^sion and it cam� bac'_� to Parks and :K��cre �tion, and t�e,y f:el.t t:�exe .,anre als� other ihinf�s tha1 :,Ter� �.r�norta_�t in includin� �n t,he ��re�m�n-t; T,;-;.th th� Sprir:�broov Foun�?2.t.ion. tir. veter�on ^aid that the City Counc;�? G.ccep�ed �he rener��ti�.ted ccntract ti�ri-th tr�e stivulat,ion t,hat thF C�.t�� I�aturai�_��: b� r�iMb�:rsrd for nis time, but :�rithaut t}�ae four points szi�nes±r;�?. b,y tne ?�rks anr� i?Ar�re?t�.on Co�,�miss�_on. P•`r. :?�r.ri� r.ot:,ed t:,h^t, Item 1; or. ;,a�e ?1. �t,at�d th�t ;,?�e Parks> ?n�l t�ecr��t,ion 1 Dir�ct�or's t�rne under n� c�i 1•c,�r��+�ncP b�� t71.nc��,�d io Snrir��*bro�k P1at��re Centc�r, anc' t�:r. Pc:ter.son s�id t,ha�: i.t f.�s no� n:=,.r:�, o, 1�'.��: �fr e�;rent �s the Ci_L;;� Council cho:-e +o incl�:�e ttiat. :Ie ��id �,hat he �?�_dn�± �no,a �^�•.:� I-�v�?�: of ��?r. "riu.ff's time had l�een al.loca.teci, ��"t h� t,�d b,��:n t�.i.k�in:- a�;out 5�> and ?�ir. i'eter�^n ��.� he � � l� a- r� o_ h c� r� = t- f t n 'a ;,. �� r r. ,-I •, • ob��ct,ed to t..a,� h.,cau�e �.... uidr� �, ,.,..1 ��, one co�.Ic,. �nen.� �;� or t,hezr t�.me and slz�ervi�e a pro�ratr ti�a�, 1�s �;oing to b� r�«n b,:,i^�� :r ?•,-itri vol.zntner.s. � � � � �� Cha.i.r:r,��n i-'arr� :� .�=aid ,,� T.:iched to ca�.l trei_r attenti.on to ��:,°s 3> end 36 r. emar�?ing the t<�x-f�rfe�.t pro��rt�r hoid th?t tne ]?�rlcs �nc� Rc�creat-LOn Co�.!m7_ssion ha.s - rec;uested for cert^in area.s, and Cai.d_ h� had. son�^ ruestions ab�ut some o.f t�ose 1ots. He asked if :i.t �ti�as the Parks and rt�^rea+x_ori Com.�ni:;sion' � i.ntent to hold a7_1 of those lots lzsted, �a:� r�Ir. Pet�>r�-,nn r�p:l:.ed that at. the present time it ;�ras. He said th��t on� of t'zc� tYii.n;�:- tne�,� tri_ed to do is ho7_d as ;nuch pronerty as they colzld z.n the Riverti*ies�r Hei�;ht^ a�iditian as tne,y `'e7_t there wa.s a. definite �}�ort.a�;e of recreationa�_ �nac� :in t3,at are�. iie stat�c� that 17 i ots involved the pro�,osed park, and i;rle otl»r �_ots �.,er^ held because thf�V Vrere close to some �xistin; propert;r and t•:ould fi{; in *hrii.h the over�l_1 scheme ��orked out h.y Mr. ➢r�arc3m�1 and I�ir. Brot•m, a.xzd thc�v felt it ��*ould be a miGtake to lef: that propert,y �o at this ti.me. . i�ir. Hsrris stat�d he was ��articularly i.nt�re:-ted in the cingle Iots alone, �nd a�k�d if it t�*�s th�t, tre�� n�rticu�' cr c�ne , t,i�d i.n ncx', to e-c� st�ir.� p�rks or 1•��re p.�rt i cular7.�r lar�e x�:.eces of property. NI?', Peter�on said tie was ta].kin� about the lots that ��ere close to the nropert,y th�� ttle city had in the Unity , Pl�nnin� Commission M�etin� - M1.y 1.9, 1:976 Pa�e 3 � 7 N ' ' �� ' area, and Mr. Boardman explained the one lot is an easement off of Unit,y Hospital th�t :•;as being donated. Mr. Harris asked if a.11 of the lots being held were zoned industrial, and P�r. Boardrnan said the,y Tr�ere. Chair:�a.n �iarris said the reason he brought this up Vras becau�e in the past lots ha,ci be�n red-ta.�ned and held for a number of �rears and then released because the,y ��ere too sr�all to d��rF'�.01�. He stated that if the,y weren't lar�e enough to develop t!�:�n the ho].d should not have been put on tnem in the first pl.ace. r;r. Boardman �>aid it had x�r�bably nec�n dane to gi�re the c�.t,y rnore time to look at t,he preperty to se� if it could be developed, nnd added that ��t tri.s time re T•:oul_d like to hold a.11 of the lots i;hat a.:^e ta.x-forfeit until th� p�r'.�s plan T�'a� COri1D� r'.ted. ?�1r. Peterson sa? c� � considera.tirn a11 siderab]_e �rnount ' � � t.hc P�rks �.nd R.ecr. eaticn Com�nis^ion tried to take 3.nto their tne r.oints that ?�rere mentioned, and that they ha.d Gpent a con- of ti�, e�oing over the lots on r one �;o one basis. Un0i3 a VOICr, �JOT�, all votinr ?ye, the motion c<<rr� ec� l�n:nimously. R'N:C�_I'J��, !'0'-;1��?1-TY ?)rV�LC�':'?:1'�i LO" 1T`',`,liON i•;T;`1UT��S�_i�il>Y 1�_� 197� i'�OTT_OT� by Ber��nUn, ��ond�� b„ p��r�cn, that, +.,he Pl^nni.n�; Cer:�iscion receive t-:e r�anute�. of ±.he Co.�?m�in�t�i De�rel.onment Cer�v�ni,�.ri.an Meetin; of i�1��ZT 1.1., 1.g76. Ur,on a vo;_ce vote, �11 vot; n� a;Te, t:�� moti�n ca.rr. � ed u.��i_.r,ousl�;r. C.�';f;.17'.?:tt? H�.T'T'1.S ^31C� 1.'t ,Tnl1,C� �`O 7.T1 C�7'!�(?T' t0 (X7S�'1SS trE- r�r�et �?�rrl1T 21F'2.Y' iJ07'l`,� p?T'.0 �?�F:i�l.�-10i1 fS�.l9�(1�� ?Tl'"� -'?�r'}'f;� .�i t�'1�.. .;(lUlr; i-�..-, �71 ��1�'• �,c?n2�t�.�% Z%1.tE:T' ;� O?it i�:_ A i�0 i' C27".^:.Tl Tf.`i��.1P� _i: i•,'OU.Z.(� �)�'. CO:111Y1{'' hn. C� i,p +.YIF-' �l ^•�1I11T1� t'.O^:T''i`l_`"�1021 c3� �:�1f-: T1r'Y"t: i�1nni;�lYl�:�� . � :Z�!:;;It':_ �-!I�:�:s�i`i i3','?�'SOUR�'''S i;0'__:I�Sri)? �Ti:i�T't'.`>s v,i�r (?� l97(� � '�C�TIO�� b�,� T��r�;c�nf'el.d, ��candE�d h�T I'et�r:or_, t.}-: +-�,� Flann�n�r C,omm�:-�i.on rPceive i,}�^ T'17.I�Ut.�::' G�' t�")£? xLl?'I.,YI _i,�'�OU]"(('-S Cn7;'717.SS7(�11 ::F.C.%_llls" O�' 1�?' 6� �_�� 170I7 � VO].C�' '.•'O�,E',� ?1.7. irOt.7.T1�; ?�Tt?s t.!"lE3 1T:Ot:iOli C,^.:.T`7':L(?C3 lil'1'?7l?I1101�S1\r� � r-� L'' � � � I_r. Y:,t�rson s�.-�_d_ he ;.,�-,� � b�.t conc.;^�ne�� :oout t;l,:e Yo>>t',: Yro�ect Co:�mittee+s 1'een Cer.t;er st;:�t.us. 'rie st;ated it �rws _<. 1�.t1;1e b�.� ?_�.ke talkin�; anainst God, mot'r��rhood ��i;c� ct�untry, �t.t i_�: „r<�s ��a��r t,o endo.r�� the idea of t�?� :t'e�n Center and then sa�� zt oe:l.on�;s und�r the �.un�rv:i s:�on o7.' :anothe�r Cornmi_ss� on. �ie sa.ic� if it �ras that nre�t of ��n idPa, -th� etn�r Con:mi�si.ons shoul� be willinff io be invol�rec3. 'rte ac�de� that th� Cor�:�i�in �t�r Srhool '3o�rd also sa�_d it ;.ras �1. �reat s cl��, i�ut ��oul dn't b� int.c�r��sted -in s��lncrv �in{, i t,. He thou�ht that be:fore the P7_�nn:�.nn Co��rii_:;sion tcor. � nt�nd on zt on� �•r�;�.r or �ZO�:':er, tYiev should be will_ing to c3o more t::��.n ,juct ro+e on a.t. ;�i�•. Lan�=enfeld asked i_f. the Commiss�Aon ��rolzld mind not di_sciissing thi� furth�r ur�til their next rneetinr� i•;hen the �n�.nute� firom the F�:vi.ronn�ental (?ualit,y Comriission r�oul.ci be �vail�ble as +he;� h�:,d tou�'.�e�? on it .�i t'r.eir l��t mnetin^ -�nd cn*�c� ?zp �,,i;,r� :�o^te v��1.�.c3 ;,��,�s, 1•`r. �'oardm�=n ��ici 1 tive at t�;e n�:;t ever,yone i.s done I"11.11C� . � hc� �r,uld notifl- t.h� Youth Pi•oject Corunittee to have a repre��nta- Planninry Commicsion m�etin�, and I�Ir. Langcnfeld said then ti�;hen revicT�.i_ng this the,y could talk about i.t t�r:i.th all of the ideas in , P].annin� Commission 1,9eetinp - 1�?a,y ].9 197f� Paue )� % � ' � RECEIV}�: APPEAIS CO?''�T'IISSION MIidUTFS: I�iAY 7_l, 1976 MOTION b;l Peter�on, seconded b�� Langenfeld, that the Planning Com^.tission receive the minutes of. the Appeals Co;runission meeting of P�Iay 11, 1976. Upon a voice vote, all voting aye, the motion carried unanimously. tirs. Gabel stated that at the last �ppeals Commission meeting the�r had some ' difficultv internretin� t?�e code concerning nara;;es on 50 foot lots. She said that the,y hac3 been operatin;� under the a.sst�r�ption that gar�3pP.S t^.e.re nece��aY`,y on the�e lots, b�it lookin� at th� code there is nothi.n� .�pecific on KO' lots. � She ad�led that the�� ha�i7.d look at it, in terms of �t0' 1_ots, �.lso. ?�ir. Ber�m?n asked ii the Board of l,ppeals :�;�s lookin€; *or some other Commissicn invo]_vem^nt or inn��t, �nd �;rs. G�.bel s�id th�� 7�'Y'E' as�:ir�r; hoc�� i:o interpret t.4�is co��e :�r�en it d.ocsn't appl;,r to ?:� or 50 icot lots. Sh.e said that s}le ��ras quite cencerned ' that lai�ho�it �;ara.^es t?�er� �;:�oul�i be a nrob7_em of vi�ua7. noll.ution. , � Chairma.n Ilarris sta.ted ttilere �•;^s a problem a.s far a-s �riteria for t,rhere Rar2.�;es :��ere r�^^�iir�:?, �r:�l if 1,h?;; t�ot ?n en�inion �r.am an z�:torr.e�;r, he �T^u.td sav th�t �ra _ es � re r�^,�ire�3 on zll J_ots ha.vin� a minimum ].e� ; a.r� of 9,Or(� sc�uare fe�t. �' �- �' ta"r. �oardman sa:id �;hat it T.,as r�^,ui,'ea th�:t, al� lot sn) its n��vin� 1 c�ss t%�an 75 feet h��•�� a r��in��um of a sin�� tt�c'�e�? �;�r�pe, anN �=t�ted th�;r nee�i�d an i.nternrnt�=,ti_on an j;hi_:; in th�.�, thn�f� ��as a�n1st?ke ??�t�n ;t ,;as cr�rt,c�', u�. F in saici i,h�.t ��h�.t it �;h�u� c? ha•re r°_.d �.s for � ot� resu) ��n�= from lot s��1�_ts having mo.re tha.n t,Y�e 75 f'oct �!ot width have a single car gar.ag�. w ?Trs. Ga.bel ask�c� i�:?°. Bo.3r�im^.n t,hat if tt�e�r had a polic�,T th�t thea follo;•r�d in L�r�„� nF �l�_rage:; ar� certa-in 7.0�,.:, ••:ou? d ne 7et t:�7_� � �:�rn �;o th� ;, �jrn��_� Comrni�sion � ; . " � .s ,� r3 hn J,*pt',?_Ci. CpUi(� �?�'.`rt', eC;CI�'t:1]_llE �:O �'•OT'�C i+n.�;'.'1� 2.T1'� 1°;r. :;oardi�1=1i1 T' :�Z.1.C... ?'•jr. R.� T'f',ii^.:1 S3.1Ct t11;'t; tL?(' v0:'li'1L'.T11.1;;J 7^'T^1 O?�i11�'�I1t� �'.O^IT'17 3i_Q7l ��B.C� � 00�.✓,"�±'j 7.T', �O +,:'lIS � � btzt t;?,�v n�c' bn�n ccn^��r.e� abo��t t'r�.e �-iz� a�' th� �;.,r< �=.:' :�=rs. vnb�, :"�zd �:^e ;•?O;]'�P?',..Cj. l.f� t:1��', ,r ,°.i10?il � 1 OU�,{ ?.l'ii '? 1.�:, __IZ t°T'I?':3 bJ l;�',-},..F:T' �'T' 12p�i ? E','1T'3�7C- =�?:OU� Cj �')�? 1'°^'1�'.'E?!� ,;1_21.^,�'. }lc',O")�.° }i%3VP �?2^()?il�? ^O I''?I1C';� ?i10t•(, ,^;?{T�.:'(' _^.,f' V1Sl]^�. PO�.�.11�%7.017 t.rl?rl f 17E'.V U..� . '� f,(� }�n � �n(J :•jv+� [ti�rf �;3,Y1 ,^:�27 C: tilG' ?'C'i111 C� '7r :�'l� .:t.Tlt' ',b t?�': i� t.'.';8'�i. ^UP.S�.1011 M to the ,��:m�_urti�� Develo:�r;ent,. ':OTIOt� l�y Cs�bel., ��canc3�d l,�,r Pet.rrson, that. t?��e Cr.mmun�.t�r D�vel.opment Cnm�rrt;.^S,'.ot1 � � `.`f�V1.P.i., ��1t? 07':]1.?1.:Yli.�' il_{.l-1 Y'P `�1'r� �O GT _ `t�"`. '.;1: .17V tt—� �)DPT+�;)r. � r�_ . P. ..-.._.n ..ta ,._� , C , _ ;,-� , �,� r,�-. ..�:�d ,�;or1-�� on th� �ous�n�; coc�e .,, �� ,. �+ t��a.� .,�r.- t, F; ba^k '�t n t.r * r, , • + �� , � �'e�.t -l: ,<.l; �:nti or�. �,` o •:i nted to l.ive 'tlere shoul d for th� (,�_.�Y oi rri..�_. ,r, t'��r h�� _ �.,- ., � be ab1� i;o. He .:>ai.d h�: �;ot <A 1_ittle �ii�tt�rbed ny �t...h t,'i�n�� a� m��kin� a re��aire- rlent, t;ha1-, a nersan ha.s to ha.ve a�;^ra�e b°C�115e that pr. i,:,nc the d;•:ell.�nr �;o a certain �.��*r1 ��:rich mi�rt not fit �n �,ritn ot:r �t�.ted objec�ive of encoura;;in� :s�1 ' peonle ��_th a11 lev�,'.:: oi in^ome to li.�e �in this area. Mr. Lan�;�n{'�ld agreed �nd added that it ma;T be pt�ttinn hard�,h� ps on people's , �,*ashe�. to purcha.�e a.�ubstandard �]_ot, because if he has t.o purchase a�;�rage he ma,y n�t h� able to afford it. , , � �'.rs. Gahe1. said that those �:�ere ,.00d point.s and the,y shoul.d bc� ta}:en into consid- eration ;ahen taken up b,Y Commun� t�r Develot�;n,ent. She stated th� Appenls Commission tallced ahout: this in ter.ms of keepinET the community a cleGn and ��ie�i.r^ble place t�� liv<,. � Plannin�� Commis5i on P�I�Ptin� - Ma.y 19, 1976 Pa�e 5 � Mr. Lan�enfeld sa�.d that he thou�ht if the cit,y had that type of restriction thev would be violatin� thA housing pro�ram ;�rhich this Commission did approve. r1r. Bergman stated he had a little trouble ;aith that� because the code does put , restrictions on cahat r_an be built, and this i�rould -be merel,y one r�ore item. Mr. Peterson said tnat, in terms of the motion, :,Thenever. restrictions �aere put on they iJere put on for �� puroose, and t��nthe cost of the d,�zellin� is being a�ded to the,y u�ere stating rrho could live in a particul.a.r a.rea. He said this violates � the objecti.ve they ha.ve in the housin�; code. i�ir. Bergman said ne ti.ras su�gesting they c�o the same ining <<rhen they put a, mini.rnur� size on a home. �� t�Irs. G�.be1_ rt� ted that on the lippeals Commission, she f.ound it :aa.s thQ builder t-rho di.dn't �rant t•o �;o th.rou�;h tne e.r.�ense of a nara.ge. cIe se11.s it, sh� ext�lained, a,�d bei ore long the o::-ner, are bef.'ore the Apne3l.s Commis��_on �•:antin� a varianc� to bu� ld a�*�.r�ae. She s�id most neonle find a�ara�e d°:�irable �.s the,y need a�12Cf'. t0 Pllt: t�]E? 1T:Ol�:er, sno�,? b�_Q�•?8T'� �1�T'lrilC1-E':'� 8I1C3 ?�Z t�IE' 1�:EItIS 21°CeS�?T'V to mair�t:zin a�r3I'C�. Tneir on1_,y other recour�e ��roul_d �e i.o have � tin �hed for stora�^, sne sta.ted. Cha�rman :i?rris �sk�c� P�ir. Boardrn�.n to cont�c� ?�Trs. Sh�� to see if Hum�:n Re�ources t•T2a�ted �:•o hai�dle th�s �`natter. :ir. Ber�man s=:id he thoi�.€r,ht; the Environmental nual_it�r �^r�mi.csian :zould ::ant to con�ider thi^, ::nd P�r. Peterson a?reed. I�:r. L•�ngenield stated if tti�:e :� ?�rer. e ju�t �;oing to ^na1v� e an crdir.�nce an� determ�ne f�hether or not a g_,.ra�;e ,�nou�.d Le re,^uired he c?_idn't think t�ze�r 7nv-�l.vement .,,as n�ce^.rar,y, b�.�t �,�hen Trou sta.rt talking �.bout tin .�heds h� .•:-ou�_d ":�ve t,o aEfree. Ch�� rman I-�:�rris su�-r;es+e�� t�at, nc�riza,ps t,hc�v .,�:o>>.ld ex�;;�nci th� s�nd � oo'� a.t trx� �.-h,>le G� c,t;rura or .�.c�n._.�.or�r bui�_di.r��. �•irc. Ga:nel a:ccr', i_f �n attac':�e� �arage T^S ^11 c3CC;F?':�02';jT !7Lll_!.:!1I"1�1 c1?7C� �'T'� ��7c?.ZC�I71�'21 :1^.1C� l.� ?,rn<-� U.pOiJ .^� VC�Tt;l, li�T�, �1? ��otin;; �.;�e, i,?�e mat.i�r r�rr;.ed ,zn�x,i.mou�-�v. Chairrr?n I N�7'T'1.`� `��?L(� j,i, ?•'85 11T) j:0 t�"?E i..�1V?.2'C`11_rilBTlf.2� �:O"r^1SS1OT1 ] f' fr�E'V ;a'2T]�'.E',C� +O 100!C �i t 1. i�., - M , ' ' � � ' ' (%11?.?.I'??1;'3,''l �1?rT'1.S C;OIYL"F'?`IiXG� ','.�'?.? ..�T)(',: �,.5 �.'O:1"�11 `=Sl!'?JZ rn?^ ��.�. Of t;�"?^1.i �iOT�"� ?:l:Cl T1C1�,£'C� t�'1�'}r I:�1r: h�21�'l�.C'.t?4 ]i;`:21V I.+�E i ir �.?�` - Vc �..� ��1 � ni.?� T"???'`t' . r <T,�r � n-r i: 't " � ^' ,�+�� ,', �'� ^_,7 I, 1TS� ^ ;�� TT��^p �� (i� I��i��:1? �1Y Tr?�Nii�iI5SI0?�: • `I O 9].1.0! ��.11t,n,'lOt? V,. t 7" I�:';"?� S.:lOTl '"fi.''�'�1.7' F.1';Cj f.,F r�, -i r',P� 1�C;2" H_~1.�71�~r (�� j,\r �'.00!G� �.� C.ection ?_0�.101 , 3, I), i.n a:,-�;> zone (�*erer�.l �ho�^int �•re�:s ), to i�e located on t�e � asterl�,j %00 1: eet oi' I�ot 1., P1ock ?_, �,a� t aanch E�;i;�te:. Second Addi_t,ion, ex.cec�t the Nor.th �.60 1'r,�{, t�c�reof, sub;ect to �tree�l-,, uti�it�;� and �.r�in^e;� eas�rnents o.f record, t1�c sa�e bein�; 7700 Universit.y Aver�ue Northea�t. I�Ir. �rizce Kennc�d;r ax�r� Air. i�`ikr^ �'lko of K�nn��dy Tr�n�riisci_on �:zere pr��ent� �long �-r:ith P•Ir. Charles Von�a�r:�arr, oi�mer of r;ic��•est Tr�n m� �si.on at 6031 tJniversit,j �V�Illl� �C.�',. P•i0TI0�1 b,r Ber€7man, �ecanded bv G-,be1, that t?�e Plannin€r Commission open the Public :ie�.°in�; on a. renuest for � sneci.a]. use per�nit, SP�=76-06, b�T K�nned,y Transmission. Unon a voic.e vote, a.7.1 votin� aye, Ctiairm�n Harris onen�d the .T'ubli.c Hea.ring a� g;?.2 y.A1. I�Ir. F��ardr?i�n Pxnl�in�d the l.ot they S•TPT'P_ lookin� at i� ,jlist north �f Bob's P.roduce �n� :�outh of' Capp Homes �l.on�; Uni��ersi.ty l�vernae jizst nort}�� of Osb�rne. 7P , P].annin�; Commission r�Ieet�_nn - P��,y 19� 197� Pa�;e 6 • 7 Q , He said thi.s ��.ould b� going to the A�peals Corunis�ion for the side ,yard setback, and it al.so renui.res a lot sPli.t. He told the Commission that the buildin� itself' does meet code requirements, exr.ept foz• the side yard setback, and Cit,y Staff has ' no problem ;•rith it. �ie said ttiere �aere. several things regardinn the lot split which should be brou�;ht out aC there t��re several. conf'Iicting road pa.tterns in this area. Mr. Boardr�an stated that Bob Schroer has a proposeri road �oing betilnd the commercial prope:ties, and there i� a frontage road. The utility road, or � service road, behind tni� �aould be to service those cc�mmercial pronerties that v are la.ndlocked. ' �� u � � P�r. Boarcir?�n shoU:ed. the Commi�:�ion a man of �;he area a.nd explained ��rhich comn�rcial proper�;zes alona th� .front �;rer� �eing sr.l_it o.f.f of the lar�er l.o+s, and shoTaed them �he divider line separat;ina t;�e �n�.uctrial to thc� t�rest �nd t?�e commercial ta the �:�st. He st.��ted t.hat �1; the pr�sent time th�re ?•.a� a road eusement of 33 feet �.nd i;hat road e?^r�ent cuts into It�rner'.�r TT'�ra^:�� ssion proper. t�T. He stated � that th^�T ?�ou1d t,tant to recomL-�!er�a tha.t t;h:in easement be z�aca.ted and the additional 33 feet; be piciced up, �..rzd_ add2d that T-ir. Schroer ,,as ;n a�ree:nent t�.*ith ti!is. Mr. Boardr�a.n then �ho-�red to the Commis�? on +h� prop�sed ro�:d s�rstem that A1r. � Sch:^oer h�+.d nla.nned., �nd said ti?.xt by prozJidin ; th:�.t .rc�ac: easement tii�e _cit,y T:�ould be abov.t, ? feet off their buldin�, �,.nd tl_�e r:�ui.l_din� �ould prnb2b7_;T not be develo�ed if th��. ra��'. easem�nt ;�ias carri.ed thro��.�;h. He st�o':�'�c� t.h:'-:� a t i_c�,ure oi the building itself and a surve,y, a.nd said ,��1?at t':�ey ?:oul� rer_ua.re on th� s special use �er;ni.t :•rould be a st,ipula�tion cn t'�e propert�� trat if -Lh° road. coes in� f��Tent,y i'eet� of gr^en ar. ea :�rould be rehu�.red. Hc� .�t�ted, tnut t.his �•,o,;ld a.11oT•� them �;o h�.•Te ? 12.� �?r1VC . He continued that another suggestion he would make is that with the dedication of thi.s easement, another fiftecn feet be dedicated as green strip, which is si.milar to wh.at was done at Win Stephen�. � Chai.x•r��n II�rr�.s i.k�d_ .--here the ei res �,� �'rom, �n� i� r. Bor�rc�m.�.n �ns•,rered from �:}7B T)T`OTi05�':� .'•E??'�'1CF' CaY'�V!�. r'�2'• %;c�,.iT'�1.S `�?.?!� i'.17":.t v},c21 i'OT' �1� 7.T1f.E'.YITS c121Ca n;zrnvses tile ��rvi.c,� dr•ive �-,o1�a.d }:avz to be u.sed, ��xid I��.r. Boa.rc?m�,n s�id on�_y � f � tHllc' 1�?^Or;orj-t• *.'?17.C1� nF` ?IO�.Tl��?(� dl)t C)� t,11�' T t?.) 7 S CaC'Vc l_OT)E(� � ? �7rrt�l.g S 1'� one �hin�, th,_�t nuz��ed h�.rt �s "�._f" tf�e r.�7^�l ��c�s iz�� nd a^icF��i Tn��; �.lte.rn�t:ve there ti:as. ;�5r. Bc>�:trcir�.�n ;��i.d the k�aelc r.rot�^rty enula �a.1_l_ be , oi.d, ?nd the-: ��ula have to rr^one. ri° c�r..1�1_a.incc� t:nat t.he nr. n�l �rn ��.*i �� thi.r �•r?,^ that -�;},e�r are not r sure i.f the r. o�.d is �:,o�-nn �:o �.,o �n or not, ,ro �.n er.=. r-.men.t has to b�� pr. ovid��? .for i t; ,�o thnv don't b�co;.1e 1.and�_oc,:ed. ' N:r. ii�r,�� -��d. ho?,r ��Tide �t;he strr,�:t T��, ��d T�Ir. i�o:�rdm.�n rer�liE�d 30 feet. ;1r. Peterson said tliat t,ra� too na.rroTr for a cor�zmercia7. ��rorert,y ^trr�et. Nir. Boardm�n s�id �tt�at the City Colu�c:i1. lia ��inproved the a.ctiial, pJ_ari, �nd the,y had been pic�cing � up 30' ri.�;ht of ;�,ay to Match t?:i.� nlan. IIe stat�d the�,� ,•.ould probably �,r�.nt a fourteen toot driv:i.nr a�.sle T�zi.th no pax'ki11�;. ' � � � �Ir. Board:nan stated that if. th� road �oes in t•he cit;� �Tnu�_d pxobabl;� ask for adc3ition,•.1 riE�h� of ?��a`r of'f of these pro,�erties� but that tti�ould rnake them smaller yet, and he addcd he didn't knota if he rea.l.ly s�;! trat as a vi.able commercial �.onn. He said thcre }�as b�en C1i1]_tn a problem t�iere �n;n-ra,y; first it i•ras platted :into these lotG, and i.hen )_ot .:>��1.its have b�en �;r�u7tc�d aff of' those i.n a piecemeal fash:ion. ile said h� .�rolild much rather s�e a total c��velonment pJ.an making the actual si<�,e of the coi�.mercial. lots a little la.r•�er and then �;oing t•�i.th the indsstrial � PZannin� Commi��ion Meetin� - Atay 19� 1976 _ Paee 7 7 R � ' � � � � ' behind it, but he said he thought they were developing a pattern and this titi*ould be a completion of the pattern.. rir. Boardr�an said all tne drainage would be drained oif the road onto the service dri��e �•:here there ti*as nickup� and said the land�caping t•ras �ood and the Kennedy Transmission building t�ras of nice design. I�ir. Kenned,y approached the Corrunission �nd stated they had served a lot of suburbs and didn't quite realize the prob]_ems they ?aould have to overcome. He said he ti,ra..nted to stress that the traffic from his business �•*ould be minimal. Fie further statect that the�r ��rere a clean, neat business and intended to stay that .ray; and ��ould add to the area rath�r than take a-��ay fr�m it. He said there ��rould be less traffic in the area bec=�use of them, and t•rouldn't be �n inclustria.l t}r;oe of thing at a1.1. He asked t.he Commi.ssion to vie�: some pictures and slides of the other ti,�o existing operations he had. Chairman Harris ask�d i.f they t•=ould be handling an,yt?�ing larger th2n a t.�ro-ton truck, and I�:r. I��r,n�d,y repiied tney ti��ould har�dle str�_ctly �utomob:.les �nd li�ht trucks and occa�ionally �: motor ham�. He �tated the�,��•:ere op�osed to motor homes but �ao��Zd occ�::ior�^11}T h^sidln a?_Q' one. �o t�� b_;;?.��n€1 z•rould. be lar�n F,nough to E;et onn in the door �.r.d one st�ll *.-roulci be pravided. I�'r. Kenn�d,� introduced to the Comrni,s�=ion his partner, I�•1r. Elko. rir. Flko .stated � that tr!is t•�as a ver,y spec�.zlized business tod�:,y, and they .•�er� ver�j specialized in it. He sa� d that t�:n �hop in Fri_dley saould be their trZ.rd one, besides their main one in Bl.00min� ton. �ie state�i that he and ;�ir. K.enned,y had been in business ' to��ther since it started in 196�, ax��i the,y had no otrer r^rtners excent those that trey tr�ok in t�:hen the•T opened � ne��r place. fie e�pla�_ned they had� a code of' ethics that defane.d T�vh.at tY��s shop could cio, ��nd t�e;�r itemi�e each thing. He stated they t�.ere r_roud �f their businA�s and tney hacl l�een. a. good ne:i7hbor in � Golden Va11_e,rr and B]_oominaton, and t�?anted to keep the�i.r. good narne and be a good nei�;hbor in Fridl.e;�. �I � � i , a , 2�1r. fiarr_i.:= asked ;_f anvone �l.se in t,he audience �.•:ould l�.ke to sne�.lt, �,nd P•ir. Vond��harr stated '_:e taas t�e oT�aner oi Niidt-.est `! ransmissi.on ?t 6031 Uni�rer�it,y Avenue, an�? �iust ��an+.,ed to let the Com�mi;;sion kno��r that t-here vrere t�?o tr�n�- mission shon� in Fr�d1_e,y rir;ht no?a. ?�Ir. K�nnedy stated t.hat their �loominFTton shop �:Tas ver�r cl.osn to � I�Zid?��es� Transmission, and he didn't think there �•:ould be any friction i.n this area. He s�id they felt there t•T2� adecuate business for honest, reliabl_e businesse:s like botn of theirs. NIOTION b,y Peterson, seconded �,y Langenfeld, that the P].anni_n� Commission close the �zblic Fi.earing en a recnz^�t for a special use permit, SP 1�76-06, bj,r Iiennedy Transmission. Unon a voi.r.e vote, all voting aye, Chairm^n Harris declared the Public; Hearin� closed at 9:02 P.M. Mr. Peterson s�id that rlr. Kenned,y had stated the onl�t time he and i•�tr. Flko tc�ok anot:her partner :aas wh�n they started a netiti� operation, �nd asked P�ir. Kennedy i.f this meant that the Fridley operation would have another partner. Mr. Kennedy renlied it ti�ould, and he taould be a long-time employee of Kennedy Transmissions. r`r. Ber��nan asKed if it ,�as proper]_,y within the proce�s of a special use permit questi_on to �et, invol.ved in street right-of-wa,y, �;reen area width:�, street patterns and even side yard var:i_�;nces. He asiced if those �.,ere really �ermane to the nuestion of a:�pecial u.se permit appl.icable to the property. Chairtn�n I��rris ` P]�inning Commission i�eetin� - MaY 19= 1976 -— -- Page 8 % S ' ' � i--, J � replied that a11 those mentioned except the side ,yard setback would be germane to the topic, and the side yard setback would be under the jurisdiction of the Board of Appeals. Mr. Langenfel� asked Mr. Boardman about the landscaping on this, and he rep2ied that he had looked at the landscaping and he did approve it. He stated he felt it was adnquate and they did a.nice job on it. He said he t�ould question the size of the trees, as thev sho�•r 1-2" trees and the standard size is 2'-�". Nr. Harris asked Mr. Boardman if the lot spli.t t•�as approved if the,y �aould have to come back with a vacati_on re�uest, and "�Ir. Board.man replied they �•�ould. He su��ested r�*ha.t this Commission mi.ght tiaant to do, however, is re�uest that the City Council vacate the easement so it caould not have to co.ne back here, but could be proces�ed through a. pizbli.^ he3ring proce.-:: a+ the CitZ* Coun,^:.7.. 1�.(1TION '�,y LanFenf�ld, seconded for discussion bY Bergm�n, to �;rr:nt the renuest , for a special use rermit, SP ;�76-�J6, Kenn�dy Tr�nsmi� sior.: To �l.lo��: automotive tra.nsmission repair <�nd service, ner �ri�il_e,y Cit��r Code, ; ection 205.1Q7., 3, �, ir1 a C-2S zone (general shonping are�s), to be loc2.ted on t�ie Fa.ster7_-r ?00 f�et of Lot !�, Block 2, F,ast R�.n.cn Fstate� Second Additi.on, excent tne Nort,h 160 feet ' ther�of� subject to street., utili�;y _and drainage na.semerts oi record, t'�e same beinn 7700 Universit;,r Avenue Tdortheast, ;��ith the foll�:-rin� siipulat�_or_: If a rear roa.d (public rignt_of-�,�ay) �_s put in, i.t ;�rol�ld re�u.i.re the tr. ansrnis:;ion ` shop to put in a�0' Qreen ar.ea on their propert.y. Mr. Bergman asked if the vacation of that ri�ht-of-t�a.,y �-.a_s german� to this partic- ' ular quest.ion, a.nd Ai�^. H2rris said it wa_s be�ause �•rithout it the buildin� could not be const,ructed. , ' Mr. Boardin�n stated that this .•rhole thin�; revolves ar�une3 the road, and the road •.,as the b�.g rsif" in t?�,ere. IIo�aever, he said, h�y� nro;ri,'iri� the lot splits T.-e � �r� landlockirg nrc�nerty, and becau.se of the landlocked n.roper.ty ea.ser�ents have to be provided and that is t�:hat th�,y are doin�;. He .�ai.d the,y ?��er.e no�: sure if that property is going to d.eve?_op, but the,y �':id have to provide that ea.sement. 1�ir. Peterson sa�.d the "ifs" i�:ere caused because th� s had n°en done piecemeal, ' i�;i_thout an,,� pa.rticular pl.an. ?��r. L �nf;enf�ld a€rreed, �nd said he sa.•? that the city should be a�.aare of.' future pl.anning «nd t,hen pl�n �LY�is accordin�;lv. � , � N,r. Boardman stated this p.r.oject shou?_d not be hel.d t1p �1P,C=1t1SP. it t•;as the onl,y l.i.nk to realit,y, and anY.�thing behi.nd it ��ras the big "if". l��Ir. Langenfeld asked if a1.1 the�e "ifs" �•.ou'Ld cause an;,�undo hardshi.p on tnis oarticular business at a future date, and i•ir. Harris replied he couldn't see thc�m causin� this particular piece of prot�erty a lot. of problems. P:r. Harris stated �?e could see it causin_P, the property behind a loi: of prob?erns, and ha.d some r�al questions in his mind as to i'_' it ti,rould be economicall,y feasi_ble to �o l,�ith large industrial properties bec�llSP of the soil. He said he didn't ttiink this particular pareel taould have any problem :,rith this ac�;ion. � P��r. L�ri�enfeld raised the auestion of the :�treet ��idth, and Mr. Peterson and Ptr. Harris aE;reed th�.t they felt it was too small. T1r. Langenfeld concurred, and a�ked if there was a means in i•vhich it could be chan�ed t•rithotit al_terin�; plans. Chairman Harris said that could be worked oiit •frith ^Zr. Schroer, and he didn't , think a_t haci anythin�; �,o do wi.th thi� particular piece of' propertv. ' � Plannin� Commisr>ion I�Ieet� na - Ma.y 7 9, 1976 Pa�e 9 % T ' Mr. Ber�man stated that he taas concerned with �he street right-of-wa,y, not relative to this piece of' property, but relating to the lot sPlit. iie suggested that th�y address the street que.^tion on the next item. , � � � � ' � UPON A VOICE VOTE, a11 votin�; aye, the motion carried unanimously. LOT S°LIT RF^UFST L.S. �t76-0li BY ZOBFRT A. SCiiROFR: Split off the Ea.sterly 2U0 .f�et of Lot , Block 2, �ast rta.nch Estat�s 2nd Addition, except the North 160 feet thereof, :;ubject to s�;reet, utili.ty ar�? drainag� ease:nent,� ef record, thn .�a��e r�;n� 77Qb Uni_vr:�°��t�� venue :�?ortheas':. P�Ir. Jon Peterson, a. representative of Robert Schro�r, raas �resent. Mr. I�oarclri�:n expla9_ned that basic�ll,y �:his �h{as the same i.tem they had previously d�.scussed. He sai.d +he;T do ra.ve the nroblems of t.he east/�:e::t; road �oing through th�.s pr��p^rt,y, and Staf'f �;ou1_d recommend. that this roac3c�;ay be vacated ar.d the easer��nt '.,� nick i u:^. ri� st,^te� th� e<:.��m^r.t ...^ ?�' cn t�� side and 30' �11 alona the bac'•�. ITr. Peter�cn said he irould feel better i.f ther. e��.as a?6' ease- ment. Nr. ?3errym�n �t�_ted t.he�,T ��-ere t.a..l?�inr about e�r��ss to �or�mercia?_ and inc'.ustrial �ropert�r, and he as}ced the �.�.ni.nistr�.tion ��h?t .�ro�a_l c� be a st<,ndard ri�;nt-of-��.a.�T Frid�h based on ci�,y =tand�.rd�, T•ir. Boardman r.e�lied -t�:e,y n�rma�ly try to get a 36' ro,�d;�*a.y, rrith 5�' ri.ght of :aa�. , � Chairm�n Fia_rri_s sa.id tha+ in thic na.rtic�slar ar. �a a.t tre t7rne of plattin�;, ii;. �:*as re^ue�ted that t�� r. �st, o?' the ,road systern b� :�ervicc � T�:i.t,h � 6b' ri�;ht-of'-;•*a�-� He stated tha_t, on the service d.r�_v� ?_t is a r0' ri �;ht-of-,�*�11; and 79th, P�;ain Street, Bec.ch Stre�t, El� StreeL an� 77th a.re a11 66' . He ex.pl.a.�.ned that at t'�e time of ' nlattin�- tlle ac�mini.^tra.t,�.on T,;as �re;hem�n� that t.hey .r. eta?n a 66' r. i.�ht._of-:;ay for ?;, i_n Jt?'c:ei,, and hQ comrriented t'�at it seerned 1iKe stan��^�rds changed dr�.matica.l7.,y. u ' , � , , , � 1�':r. Peterson asked :z�hat a.ction the Git�� Counc�il. �ad t�ken � on this, an� Air. Boaz��m.�.n �=:�id i.t i�,=�s hi.s �lnde:�,standi.r.r tnat, t,hc�r 1 c,o!ced a�; t,he 1?l.�.n �nd concttrred ��rith the ar,tu�.1 planni_r.n of the 1.a�rout. Fi� s��id the�T did not take action on the f:inal plat, b�zi; thr.,;- conr..ur•red i•;ith t}:� concen-l-, b�i�ind it. Ch?.ixm<�n H:�rri_;; asked i.f the,y made a recornmendat�.on to t'�e Cit�� Council to �rant the lot ��)_i_t, T;,��r.t t,rou.ld h�.pp��n �n the future ,-r?�en the road ��ra.s put irz, and ZaherP t•,cul.� t'ne�r p�_a��: thc sno�:,r? J�;r. Boardrnan stiggested sho.�lin�; their concern on the rc�nc �•� � dt?-i in a �nec-i.�l ;��oticn. P�Ir. Peter�on sa.i.� a. ^;�ncial motion t-.�ouldn't rtean ��ythin� b�c� use tne lot s��1_it �rrould a.).rea.d-y be �;ranted. rlr. Bergm�n ��.Zd there ��r�.� � rec�uest from adrninistr. at5_on to p.rovide data to��a�d a set o� st:reet stanc�ards for. fi.he City of. Fri.d7.e`= l�a��d on zoni.ng, off-street versus �n-street parking, identif}ring streets as to re�s.dential� through streets, etc. He stated he ;�i_cl not kno�� the s{;atus of t;hat renues�, but felt it was pr.rtinent to ��rhat the,y ;�,ere discu� ,i.nr. He said he t.:ould not be adverse that the data. tot•rard �trcet st.andardi.�ation, ��lon� ws.th thi:; p13n, l�� sent to Communit,y Development to put. to��ther a set of street �tandards and appl,y them agai.nst street pla.nning prob].ems.. ?•Ir. Bo�rdman aslced if he �aas tal.kirz�; abouu hold:i.n�; up this 1ot spla.t, ancl ?!r. 3ni��7m�n replied he ��r��s. �ie ac3c�ed i�,h�t he ju�t t•:anted to lay the�e thou�h�,c o1�t on the tab:le, a.nd ��otild accept :�t.inge:�tions. � Plannin� Commission rleetin�- r^av 19� 1.976 Pa�e 10 7 � , Mr. Boardman stated that if the .road�fra,y easement takes a�ra,y 33' of their u�able propert,y which wou].d be used for parking and landscapin�;, they <<:ou1d be parkinp on the easement, which Frould be alloc,�ed. HoU�ever, he explained, if we maintained ' that as a stxeet ri�ht-of-z•ray and the road ��:�ent throu� h, ttz�� w�zilc� lo^� th ;�t pro�^rt,y. I�tr. Peterson said he thou�ht that ��ras an acceptable nlan, but thnre was still the 30' street. I�1r. Boardman suggested they request a 50' right-of�ZJSjT. C' ' � � ' , � � � � � , ' Mr. $ergm:�n said he felt what this body should be doing i.s �,rhat the�r felt t�:as the proper thin� to do. He °aid he felt that �•rha_t had been propos�d, �ahich is in PS�E?11C.'? to turn back half of �hat =.,:as intended to be �� 66' ri�ht-of-��ay, �•ras not proper planning. Chairman Harris sai_d he understood that Nir. �chroer's problem ti�as that tl:is ��hole thing is up in the �ir ?nd undecid�c�. He stated he �:�i�he� the ?•nc�le street situ�tion :•roul.d be settled, a.s i.t t�;ould b� to everybo�.�T' ��:�dv�nt� �e. T•Ir. Peterson' said he specifically r^membered as'.�ir.�; at the time the lot split �•ras apnr�vPd. for T•iin S�,ephens Datslan that more pl.annin� be don�, and he s2.id. the�r� haG been as�.zred i.t ?aolzl.d h.-�pr,er. bef.or� ther� ..iere �nv ?��re rea„e�ts f'or lot ��7.it�. �?� po�r�ted out tha.t here th�,y zaere a year later lookin�r at �_.nother lot sn.li.t und. �rere still piecemealing. Mr. Jon Peterson, representing AZr. Schroer., stat�cl that it apr_e�red Kennedy', nee:?s �nd t�� cit.y's needs •,.roul.�? have t_n be m�t i.n ord�r .f.or thnm t� dev�l.op t?�e propertzr the :,*ay the,,r �rant to. He s�.id th?.t if the city told th�m to make it a t-rider street, it anpeared that they �aould have to d.o it. Cha.irman Harris ;tated that :•�i�at th�y i-�ere drivinn =;t ?��as that this �.re? ri�ht no��r i.s in a stat� of flux, and ?�1r. Schroer do?�n't, xno�; -�rhicY� ?��ay to go. He said that rir. Schroer shou]_d st�rt decidinry if these ;rere to be comrnerci�l lots or ir.du:-trial and i" thei e:•ras going to be a streP't in there or not, as the�e were r,uestions that had �;o Ue set.tl�d. ?�.r. Jon Pet�:rson said tr�at it apoear. �d . that t�e reason no more of this had. been :nttled �aas t��e "L" shape of thp �a_rcel remaining. I��r. Har.ris su�;�;e�tied I�ir. Schroer get tonether t;Tith the property oz•mers and find out �srh�.t their plans :��ere. T9r. Jon Pc�terson suR�ested �;hat since there t,7as more fr. �nt coMmerci_al 12nd to h� der•elo�ed and since the r. e7uir�r��ents for the street :at.re to be ,•ricier, m^ybe eliminatin� the need for some af the blackton, mahin, �cne 1ot� facing the ��:est zaith indu� trial zoninF; arid the back door contr. olled b�� t�he cit,y ��_anners �:Tould be a solution. Chairrnan Harris said t�r. SchroF:r should be urged to determine ho�•: the tti•hole are�. is go:i.ng to be developed. I�fOTIQPI by Ber�man, seconded b,y Peterson, that the Plannznp, Commis�ion recommend approv�l of Lot Split Re�uest L.S. #�76-0�, by Robert �. Schroer: Split off the Easterl}T 200 feet of Lot �a, Block 2, East Panch Estate� �nd Addition, except the North 160 feet thereo.f, subject to streei;, utility and dra.inage easements of record, the same Uein� 770Q iTniversity Avenue l�ortheast, with the follo�•:ing conditions : � 1. That the existing street propert,y be vacated and pronerty immediatelv to ' , dedication of 33' on the soui.h side of the replaced by a 50' street dedication on the the south (F,ast Ranch E�tate�, lst Addition). , Plannin�; Commi�sion Nieetin� .- rtav 19, 1976 - _- — Page 11 ] V , , � � ?. That the city prohibit �ermanent construction on the pronosed road�.aay on the �r�^t side of the prope.r•t�r unti.l further dev�� opm^nt of tota� ^T'�'3 pl�.nn�in�;, incl�id:�n�; a more rirm :�trc�et cled.ication plan, in recognition that the 30' plannFd taidth is not adequa.te. Unon a voice vote, all voting aye, the motion carried un?nimously. Chairman Harris declared a reces� at 10:10 and reconvened t�:e meetin� at 10:32. Rr,dI::��J PROPOSH;:� ORDI1�dANCE CH1��1GE ITd (��AP':EI� 60?, ,BI;t?,R: _LTCt,i•;S ; RE"�UIRL:',r�i1T5 Mx. Board:�an sai.d hc� ha� be�n as�ed to d.r�:n� up t,he ordinance per the d.�scussion at the la.c�t Com�i.�sion m�eti.n{� -nd bring it. b�ck to th� P7 r:nning C�m::�ission for ' their revie�a �an�, ^�cor�mendatians. E�e s1:.ated the ordin�nce :�-..s one e.^t.�bli.��?i_ng C�•a.pt,er 60?_ and repe�linc- t�e nld Chax�t,er 6'�?. Je �,:nla9ned he had exp�nded tne defini�;ions to include ti�hat, a. +�.v^rn i.s (Thc t,erm "tav��rn'� .��hall. mean �:n,y nn-sale I��'��i On"Y"�t._i O'_"1 :t�:f,�'.21:�1'."l,'-� ?,7 OT�('T' t E qj*E'2' �]'1tr 6 C^�T rpn •��i,i:] VE' �=Y'10C� 07' T't^r'° thaxl 6 da.vs du�in� any 6,ri�nt�Z tier:.nd) ar_d :��h-�t : tempor��r,r beer operatior_ is (The term "temi or�r,y becr c��r?ti.on" shall .m.ean un,,r on-sal� beer oneratior. not � subject to the nrovisi.ons of Se•^ticzz 602.01. para� raph 2 of t�hi.� coc� ar_d shall be �ub j ect to Cotzncil approv�.l ). ' ?�1r. Bo:�r. ciman s�.i_d the t�:�oc� s h� �r�ci ta �o throa�� _, �s to �dd the def'ini � ions an�. rrmove al� t�e s�xi.�t lanaua;n. H� st��tec? t�,<�t �z� ?lso h�.d. to make ? revision to C!�2pter ��1.a th� fee c'r,�•,,t�r, arc. ne su�eestee? it ��.r r�'d:d n�.•:� fee tznr.er ��hiect O{' Z7 ^l1C>S' �1102"i-��.1"1t�GX1.0 .+,].2"?(' :':�?�..+•� fpr t��iti;�'�T','3T';' � l_CG1:�E'. T.^P t�"]T?OT'-7?"?T Z10E'X1SP �. f�E C Stil"3.1.� bF' �?rl � i')E?" �? J ��. �� c l.a *�. V r,,�1� � �^.0 C`�'1?7'€;121°; �:r]P :in'i^ �7l" 3 t.?TTIpOY'a7'V 61�.-:`.3}' �_1i,E,?Z� _ �3S '�i.r7P}r ��i7i11��. fC?Y' �3 7,F,T'.TI?Y�Fl,t O':�`�'^':?�t.l^ 1.'I Cf_'i7.`if?� idti'i1C,�`l 1:� �12�� b�catise it �,ic�u]_d be simi�.�r to a?'tz1.l-�,;_rr,� o,.�x�_=.t-io�. , ' � ' � ' , � ' �i?'. Z82Z�';�riflE'�+a too hi;;h. 1-`r. tr.n ��^ ��:J� �� comrae�lted that; h.e fe� t six ��7�,7�s �_�, i.00 �:},r�rt :n�? th� $?0 .f'ee t•,as :'jO'8.T'!`'.I?1`'Yl E?`�_�1.^1_:l.E:`a �u'"1° L'O?tL'171..�.'?1.0'1 }?a.� �^.`;;:t'C� C1T) t:�'lf-', �?_Y. �%IVS� hut too h �gn. �1r. P� t�rson st��t�d �hat tot.rn�z,��r�ts u.sury.�.1.,� l:,,<;ted. f'��z.r c3�s,rc, <?.r.d the t-��r� m�in C)T1�S ,,;C?T'(? tL1P �Ts;yCG'('.^ ,^.11;� +,}"�? ?�n I i C'E' 3Ylr? j, � rf' �1{'T;^�"{;P1E?Tlt:? :!�:l.Grl ?^iP,?"2 1101"1-PT'Of�l't. I�tr. l3o�rc3m�n exp�_�.in�d t,ha.t, t,here ..�^ so;�ieil:ir�-, it;c;7u�iF��! in t��e ordi.n�;n^e� �tatinn +hat non-profit crf;an�2<.tt,;.r�ris cou�_d reqlac��t, t,r�e f�es i,ew`ai.ve.d. `�",r. Pe;±,ersor. s�i_d t}:at in th� P::r'c.^ and Kc��:rnai,i.on Corritni^s��r_ t}�e�r h�c� F�;t,i��:tt�d th� co�t •.a�s $10� to c1�a.n un t�e diam�_�nd:, ott�er tha.� norm��l.. r::�:.-i.�l.en�n.r,e �.tf��x� �: t�lzr.naMent, so t��y had re��;l,eGte;� that ;�100 be post;ed. Ii' t;}i� field �.aa� clea.ned up to the city�s s.�tisfac,t•ir,n, }-i� exp]_ained, they ��;otz�.d �;et it b<:ck; if riot, i,?�e cit;T kept the �100. �Ir. Y�tcrson ^�i�3 that in �ection 60`.O1 t.'.c� t,erm "non-i.nt�x=i_r.at,i_nf; m�l.t linlior" was used ar.c3 a.1so "in{;o7.iea.tin� l�i_rnaor", ancl questio?,ed �*�r'��t th,�t meant. He st.�ted�he o��; �ctc�c? to t.h� term "n�n-int,ox.icatin�" �•rren ref'�rrint; to ma7_t liquor. ?•�r. Board- m in expl.ained th�t th� s�T.�:� the terminolo� �� t:hat, .is bre ;entl.,y used �i.n the coci�. Chairm(u� H::�•�is said t.h�t i'or some reason ,�r�nen �h�y �aere taorki.n� on ordi.nanc�s the;Y c•a�ne i.nto "statn lanrriz��err, and that didn't necess�ri].,y make it ri�7ht�,. Mr. �3oardm�.n �ai_d it may r.ot b� rigti�, but: it t:.s consi.stent. t'e said there a.re man,y po��i.h]e confl.ict� as ?c�.T �s termi.nole�,y, �o it ��7�.s be:;t, to h� �-e ±'Ie t��rmino?c�:^�• ��;n,-�; �t�nt ti-i t.�; t.hat ^r�-;.rli.z,ation t,nat is rn•�ki.n� th� rc�:*l�l.aticns f'or le�al nurposes. I�ir. L:�n:��nf'elr� ;::��;�este��i t.h�t, the reason the :;tate 4,ording ��ras used was b�cause thPv have a]readv �pproached t,he le�al aspects. � � Pl.annin� Commis:�ion Meetin� - riay 19, 1976 Page 12 %�+j ' Mr. Bergman said it :�as his understa.nding that any part,y or or�;anization could appl.,y for a temporary license, and aver a ti:*elve-month period of time could ooerate for t:��el�re da,ys of nen-intoxicating beer sales during the year, and in doin�; so ' would then pay turice as much in order to operate for t�h•elve da.ys as the present annual license fee. He stated that did not sound re�sonable to him. r1r. Boardman suggested a$10 fee, and I��r. Bergman said tnat sounded more appropriate. � �I � � ' � O ' ' � 1 ' ' � � ' � � Mr. Boardman said they are making chan�;es �n three s�ctions: Chapter 602 (beer ordinance), Chapter 1.1 (licensine), and Chapter 20� (zoning ordin�ce). P�Irs. GabA1 asked if �here was a limit on the number of these licenses, and I�?r. Boardm�.n replied there t��as no+. r1r•. Harris asked ho?, an organization would go about applying for a te;�porar�r lic�nse, and i�tr. Boardman said �.t :•rould be the same as for re�u7_ar li�e.nse re�ui.rer:�nt�. P��.r. Harr. �s asked if there ��ere a_ny l.ocation restric ��_�ns ?or t�rr:r?orary 1.icenses, ;�nd 1�1r. Boardma.n ansJ;erFa that there taas a rest.riction re�;^rding hnurs, but not 7.ocations. He said i_t cculd be sold a.nyplace ��rith Ci.+�,r Council 2T»roval� 2x?d the controlling factor on th�t �•ras the Council. Cha.irm-�n Ha.rris raiced the questi_on of dr�.rik�.ng in parks, 2nd P�I:^. Boardman said 3.2 b�e.r T„as nermi:�sa.b7.e ior drinking ^n<3 �� I.in� i.n .Loc,?;e Park �.na Com.r�ons, and. anv other nei.E;hborhood park t•:�itri Cit;T Counc�i.l approv�l.. ;fr. Pet�.rson said that this sometir:^,� got out of hand. tr:�ith th� �of.'tbal.�_ team�, and t?��re ��ras the r_ublic rn�i_s�nce aspect of it. t�,OTI0i1 h,,r Bergm?n, seconded by Pet^rson, Th::t the P�_ann-in� Co�rsnission CO21CL1r t•aith the �ro�os�d ordinance chan?e:- as fo�l�o-.rs ; �-:Tit'�: Chapt,er b0� as �:ritten; ,:-i.th Ch�pter 11 :-rith �he revi.si�n of the tempor�.r,y lic�n.�e fee bei_n� ch�.r.ged. from $20 to �>10 per da,y; and :�.•ith Cha�ter ?0�;.101. as �.-r:i.tten. i•Sr. Board:�an sa.i�� that just ?^t.t`c:r�tly the St,:�te oa A�T:�nrlc�sota a.l.loti��d_ temnor^.rtr beer opera.tion on cchaol p_roperti�s, and sr��.d h� :��>d been t.r. �T� ng to find �t, in thP ord.in��nce. 'r'_e st�?t�ud that tr�e c�.t�r Uhould t7^,y -te Y�c consist,ent :•ri.t.h the scrtools; •�:nd :i_f a school soc � al TA,an-t,ed to sell 3.2 b��r, he be�! i.E;z�ed. t?�e�r -.•Tould reaui.re a li.cens�. Chai.rm?n liarri_r �aic3 he cuestioned that bec�use sc'•:oo1 huses ar� not un:ier the dom�i=in af the Iii�h,��v Dep?rtment,, but �,�ere ,.�nder tre dor�ain of' th�; schoo7_ di.stri.ct. P�ir. F,o�.rcl�<�n s�i.�i h� i.*�s s�zre the,y couldn't be ies�� r�strlct�_�re than the state. Tir. l.�rri.s stated that the school ,�urisdi.ction :,ras just li_l�e any� bther unit. of governm�nt., and he T��asn't sl�re the cit�r ��roli.ld have ?n,y jur:i_`d� ction as to :�.rhat �oes on on scho�l nror�ertv. P�Ir. F3oardman s�.id h? T'TOt��.C4 check into it, �.r.d if rir. Her.ri ck fel.t it �ti�ou1_d be in, it sroul_c� be added, I��r. Harri.s said he didn't feel t-hat �hould be done t�Ti�thaut checicing ��r_ith the 5chool bo�rd�; involved; and stated he t�:ou7.d almost thin'•c that as far a.s thf, :�,c'�oo1s no, th�at, �;ho��ld bn hanc?led L• as . :;.�para-te en :,i i;�i . UPOid � VOICE V�TL, all votin� ^t*e, the motion carried u�animou�l��. COt�TTI�li11?D : RECO`�1?��[F,NDATIOI�S 01� ffUr�AN DEVrI�O°�`-f"r,idT GO �L" AND OB�iEGTIVF5 Air. Rna.rdr��n s?id that copi.�s of the recomr�cndrytions had not been run off the co�y m,�chir...e yet, but �oal. :�tatem�nt D-1.00 had been revi�wed �t i;hc la^t meetan� and he did re?;�rite it �.n�i n;irro,•r i± do;:�n to five objectiv�s. He a�ked the Commission if th�y �,roul.d prefer t,o po�t.pone discussion on ttii.s lznt:il cop:ies �1ere available. ' Planning Commission P4eeting - May 19, 7-976 Page 13 � X � ' � , MOTION by Ber�;man, seconded by Petersan, to table discussion af the recommendations on Human Development Goals and Objoctives until the next meeting. Upon a voice vote, all voting a.,ye, the motion carried una.nimously. RE-Ejl!�LUATION Or STREFT .L•AYOUT NF�R. P10�:TH PARK :( PETITSOPd t�-7_976 ) P�1r. Lanpenfeld said tnat this h.a.d been har.dled at the F.nvironmental Clzalit,y Commission Meetin�; the ni�;ht beiore, � nd. the mirnate� i�roulc? be read,y a.t the neyt meeting of the Planning Corunission. Mr. P�terson said that before r�ovin�* an to Item E� he'tvished to call the Commission's ' attention to the Cc�mparisor Of P��creation I�c�tivities *.�rhich h�.d b�en nassed out. He st�t�d that this ti�Ta.s the first tirne that Parks 2nd Recreation nad an,ythin� like this, �.nd a lot of the comment on i.t Trr� s in ti�� minutes oi the7.r T�1a.y 3rd � meetin�;. He added that he haci re^uested copies of this information be m?de for this Car�.mission. , Ch�irman Harri� sa.id a motion �-�ould be in order to receive the Guidelines To End Unconsc.�.ous S�x��a�. Biases i��hich had heen pas�ed olzt at the me;eting. I;OTIOPd b��r L�.r�nenfeld., secon�ed b,y Bergmar., to receive t?�e Guidel.ine� To End ' Unconscio»s Sexu�.l Bia�.es. Upon a voic� vc�te, all votin� asre, tre motion carried unanir�iou�l�,T. I' � � ' L__1 ' � P�ir. Pe+�er�on said he had a preblem acceptin;� under I�dumb�r L�, usind "salesper�on" inst�ad o�' "�alesman". He stated !�e T:�as a. salesm�,p and he ;�r�?s nroud of it. I•1rs. Garel s�id it 1�ras �o�d t� �ei� a;•ra�' fro?� :,ea�z��l bi�,:ses, t�ut i_t, does t?ke a�r�;r one's identity t,o �onrt:�yn�l_y usc� "��:rsc}n". �ir. Pe�,P,T'SOI"? s�.-id he thou�ht th:s tzTr_e of l��:rcu^.,� chnn�e was i_n orc�e _r, Y�ut hA da d object to h=!t=ina hi.,.. i�?entit;r �,aken -��zay. rtr. L?ngenfeld s��.ted 't�e fe1.t th� �•*hole; rnzY�;�ose of th:i.s fras to t.ry to elimi_nu�e some of. the dorninat�.on that is applied b�T the use of "m��n" a17_ t�1e time. �., „ F r n�,n FU pr ��;^P CHA?T^�^� ?1? I�`Ii`?IP�Cr `�aTVD ATdD GRytTT,,L, RFVIF":r �'?�COr:�1'-�:�,r,TD.�:T7"0''1 RO �1 CN R�,� L_..,I; u . ?�IT'TH C�tAP`?'��;�t 70 0:�'��'P�I�; L�.E.C. I�r. Boar�man sai_d that -t,his r�d �one to t�ne Ci.tJ� Counci.l l.ast t��onday, and it ,•ras a recort:n�r.dation �rom Cit;T Staff that tl�i.� U.$.0 Ch�^nter 7Q on i;�:r_�vation �nd Grading be includ.ed in�o th� I3uiJ.ding Code. I�e st�te�. he ci_i.ci not �•rant to delete 21?_. r�ining Sand and Grave�_ as thev h�ve tt•:o separate funct�.ons. I�;in�ng Sand and Gravel co�•ers �a� act;sal co;nMPrczal operation, tr�,: rrr=s t,he t?.i�.C. handlPs mi�.d��? �.n:,� �nd. ;;�t.;� forth c+=�.ndards fnr. s�ttin� �?.r^des, etc. Air. L�er�man stated he t}iouak�t t•rha.t the Cit�� Admi.n�.stration c�ras saying is that the,y � have � dopted section rnzmber such and suc!: of_ the Uni£orm Buildin; Code, and tN'iat they wer� tal.king about z;a.s replacing a m:inin� ord.inance t�rith that same +Yiing. He said he felt they ��rere �;alkinn about t;��o different ordi.nance�. ' ' � r;r. F'et�r:,on said t�at r��y be so, but he �-o�; dist;iirbed :�rhen Staff kent directl.,y to the Ci.t�j Council �nd bypas.:�ec� the nl.a,nnin� Corr,mission. Air. Boardman said that t'tle P?�nnin� Coruni.^s9on do�� not hancil.e anythi.ng tl�at �;oes on �rith the U.P.C. Ne ex��lained th�t evcr�r ve�r t.h�re ar� n�t�r �.mendm�zii,s that come out under the st�te 1 Plannin�; Commis��.on 1�feetin� - P�1�.y 7_9, 1976 Pz�e l�. 7 Y � � � buildi.n�; code and it �oes to the City Council for adoption into the buil�ing code. He saic� the building code does not go throu�h the Planni.ng Comr�i.ssi.on. hir. Langenfeld read the .folloiain� raotion from �:ne �.nvirorvr,ental Comr�ission 2�[eeting of April 20, 1976: �IOTIOTd b�r Tiike F'aripovich, seconded b,y Bruce Peterson� that the Environmental Cem*�� ssion recarunend to the Pl•<:nninQ Commission the adoption of Chanter 70 of the Uni.forrn Buildin�; Code as a replacement for the �resent Chapter 2],?_ knot;�n a� a mini.ng o�din�nce, and th.^t any �roposed ordin�..nce be brought before this Com^�ission for r�viet�r prior ±o beinr submitted to the City Council ior �.ts a�proval. P-1r. L�nRenfeld �tat�d ther� ?,a.s no need for them to even consider the^e things if th�� T�re �oin� to �;o d_�sPCt. Ptr. Boardm�z explained they �•;ere tall:i.n�, �!bout t:,ro senurate th�.r.gs. Iie sa.id � the,y �•rere a.dopting Cnaptnr 70 of' the i3.B.C. �.s a�?ocument to �'it into tne b,zilcii_r�� code. He furth�r. exni ai.n��i that the building code on�:ra.tion ��ras s�Par;ztP frorn tne a.ctu�.l zn?zing code on�ra.tion t�rhie;h cont,rolled 1�nds; ar��' t,ne buildinn codP ;�?as for actu.al det3i_J_i.n� o.f con�tru.ctinn of builczi_n�r=�. iie said the 2'P,^son t'�is doesn't � FO t0 tti?E ��_''.?l71_:111,t'T, �.'OI??r'?7_SS1r?Y). ].S b�ca��.se thn.�r T-n��l_C� �ll� �!tp'f?E'`� (1.0'.*t-1 �c ti�Pi`!' u�'E constant �rnendrien�s. � I�ir. B�r�m,�n st�ted that re ?:�ou7..d like to �r�t hac':c to the sul»�ct of It,c�m 6 Gn : revieT�� tn� re�c�r�mend�-l;ion from tne: Fnvironmen+al Com�az��;.on on renla��ng Chapter 21?_ ,•T:itn Cn�.�ter 70 of t'�e IJ.�3.C. ?�ie sa.ic3. t,hat i.t seem��d to h�_m to be out �f � context as hn coul�?n't full,y- urid��r�,^t:�nd t�rhy �'�ev �ti-:ou1d repl.ace a cer;rnercial mzning section :�Ti.thin the zon_�.nry orc?inance :v�_t,h someti:in�; �ro:�, the buz.ld:ing coc?e. � Nir, net�.rs�n ��t��-e,^te�i th?t it � ��i7d b� ?-re71 to refer t?��i bwck to t%�e Fn�rzronm�nt��.l !?ualit Cc��tim., G� on to �,� , f th: 'iou1� +� e:�not:ier. �,�n'� �±, zt. :`r. I��z ;enfG,lct SS1C7 t;'n�;l`. :lE?T'° '?C?3121 t`1°V z:f�rg cf?Y`G111{? f.n �<=�.Zir F3�J^llf. 1-^:?i,: 2�t.E?1'?.f:1.0Y! orc7ln:^i1Cf?S7 ar.d the-� �'efinit�lv i��:J_t, t7��.t -i;�^ :iini_n� ��.nc� :�nd Gr :v�-1_ ��i�s not apnl.icable t.a � 1and. alter��tion��. r�P id th� t?, b1e 1.:; rr in T��t I1 na_r��- 5�:.�� .�xid �7ru-�e1 •-,as constrl�ec? to be tre �� re:^r.� tlt o; cain<::.i��e f�.r �1_ l c:r�.��? c.rz o� _Larid. � C'Z�irr�arl Ha�ris read from r'��pt��r 70 oi t;he Una fo�:'i }uilclin~ C�de under Sects.cn %��)� Z•,`'ilE:T'C 7.t. St'3.tE:� �y;2.tv T10 L�•I"SOYl 5'!?c^��_ C�c7 ;:tylr t?I°,"3iT1�' �'�ii?1�11L f'1-I':'�L !h? �11r" O�t`�i.it_:C� '', ...t;r�S' T`g." •'. ty�.: a i;,2�_'.C�lr.� {�t� Ci':., F'�?'nnY�?_ f'�;r {;:'iL' fC?l�n,r7.:1r _ - c_ _ - - - � .. _. S fl21Cj. 11:1�.�2^ 1':tiTl?�'n?" 6=1.f: St,F=+nCa.: i`??T?l%7�?� C7•..:?,.•�•`i?p�ry p•.C,c �7�'..�.l�l�n'y t�r'OCE°,.^,�.21`�� ,`>t�OC}'— � T?l� 1T1�? OI I'OC1C � S tiYSC3 y�Tr�V�'? �?;rcrY'E'S;� �,? 07' 1_,;� rYl�'2'G f 5t."��7 1�'�lE?C� ?1ZC1 }�T'OV].C��'C� f'or by ]a:�r or.ovi.cled ��.c�� ope� ~�t,.on, c?o no� ..±'fc�c.t th�; l:�tnr.�l ^iapp�rt or inerease th�: �t�^e�:ses in or pre�.�t�r<,, uUOn <�n�.- adjacez�i or cant,irl;Tuou.s propc>r�y. He st�ted � trat this i_s ?L*nere the m�ning ^ode �,-ould corit� znto effec�, �.s Chapter 70 tiTould cover etirer� thing but tl�: a.t. � � � � NIr. La_n�renfE�ld said that thi.s par�t.�.cular mct.ion �ras th� � fcermath of �� slzggestion r�ade btir the S�aff. me�n�Ar �t t?�e r:ee�,�ng. i��1r. H?rr. i^ s�.id_ that he a�reed ��ri.�h the ?��viron-nental Co?~�m�rsion on S^ction 21?., a,�; he fnit �t ?;�a.s lack�n�;. He sta.t�d he :,=as cencerned ahou � the condit�i.on th �t t�� 1_and t•;as le.ft in a.�'ter r�i.ning, and t�1e fi11.s �:.hi.ch could be a problc�m ].ater on. P-1rs, Gabel su��;�sted. thzt soinethino fbr restoration �liould be included, �lonn ��i.t!� a;,Tav of enfor. cin�; it. i�I0TI0i1 bv F��r�man, seconded by L�nt;enfel.d., t;ilat the P1a�an�.r7�; Comr�is.>5_on� in rcco�;- nition th�:�t Cha�ter 70 of the IJ.B.C. has L�en adopted t•riL�ii.n the C1.�;-; of F'ridJ.ey i�tiild�_n�; Coci�, anci t'�ia�, ; i, s��cificallv tre:�ts rn�nin� n��ra.c:ions 'a.s a separate ^onsidera�t.ion from �;h�.t chap��r, �.nd that tl��e Pl_�nning (',orlr��iission does not coricur. , Plannin� Commi.ssion M�etin� - Ma,y 19 1976 Pa�;e ls 7 Z. , taith the recommendation to r�n1_ace Chanter 21?_ taith Chapf;er 70 of the U.B.C. but does recomrnend that the Ehvironmental �,�zality Commission reviet�a Chapter ?_12 for improvements. iJpon a voice vote, all voting aye, the motion carried unanimously. � � Mr. La.ngen.£eld st�ted thai ordinances i•rere diificult things for any com.mission to anal,yze and submit an intelligent recommendation on, and it ��ras made mor� diffi.cult wnen inaonro�riate reco:nmendations •�,Tere made from Staff. He said that from no�•r on they TJiould analyze these a.s a Commission and act on that basis. HOUSTl�iG DISCUSSI(!P�?; Mr. Boardm�n in?ermed the Cort.m�ssion that thQ Com.munit�r Development Block Grant I that haci be�n sub:nitted ,•�as der_ied. He .s?id that in that bloelc gr?nt some of the moni.es t-�ould be 11SnC� fOT' loans, rena.bilitation, etc. , and that t':le�r ��rere into t�•ro �et?ar�te areas : ^he T�;�_rnesota Hou.sing Fir.ance A�;�nc,y and the F2'�.dley State Bank, ;ahi.ch has appl�ied for a$1.Q0,000 loan so the,T can go ahead JJith the loi�r , i.nter. e�t 1_oan anr� i.ca':•;_ons. � , � � � � � r i � I ' He exnlained that now I`i°'t2"O Council has come to hirn on =�nother program the�� are workir.g on t�,roug:� other red.era? r�znding �ources zn ;•:r��hing��n, and said that, th� ather�> �+r� st.a.te a�en�^�_es. '_�e stated that he ��:ould br-. going to the Cit�r Council i�ionc??.v ni.n:�t to as'r, for a recolnmendation from the:� to see if ti�Te shc�uld get invo]_vee? in these nro�ra.ms from T�Setro Council. F?e added trat 20`7 �f' t�?e funds the�T receivec� fro�! f-Ti17 coald be used fo?' adr�inistrr �a_ve costs. I�1rs. Gabel a�ked ,;h,-tiT the Bloc'r. �xrant ��.a.s denied, and i�ir. Boa.r^m�:n T'P.TJI.I.PC� T�"tra Counril revie�>red t;he an;�1-ic�tion on d3.ff�rent cri �eri� th�:� HUD; ti7eir. criteria b�ing amount oi overcrot•rdin� and umount o? pove�•ty. ;�ir. 3oa.x��man exr�7_aine� Fr� c�2e3T ranl:ed lo-�r in uoth ct t:�nse �:.rc�,�:s. �:� ?_ ,"^,:`-?11 �c1X']^1:. �..1'�'C! l�� +7.:? -'��'S'?7�. �^ �(7I'U� ii".� T�s'E,'S'F' _�:�:'��111�it,'t'rnCa �'I HU� 3�.£�Ot ?Tl� T''1Y'. �OaTCi.T,�?: ..21_�_:LrC'��. 'i,ilE'.`T i,;nr•e ?70�• ��E'. EX��?127c^-� +�IC',� 'v,'E?I'� SP,i?<?T'c?f,E? �`(?!�BY'a�. pi,egr,:.��, t;zaT ;.;or� available+� r�gional bod��s, and that r��;ional bod.y �aas �":etro Counc�;l. He stated he h�;� ju�t talked to ?�7�tro Coun;:�_1. on thi,:�, and �aa� sor:e.:That conc�rn�d abou� �;t�;r st�cff or�r�t�nn th? a^t,_ial. lorxa ns:-?ec�t. At least t,:itr the P�linnesota Ho�asin�r, F�_r..-�nce 'a�e�cv it ;�,as �.J_T. ha�rld:led. throurr,h the i?.ridle,y Bank. �ie c�i�t�nu�d t':�a.�; t:�er� -.;�:re ��:n� nuest.i�ns he had ;•,;th J Ptro Coun^il on t.?��.s, c?r1C1 �1° �1:`?.�11 � 1� Y"r?,^,('1Vr C� <:21 3Y15`••gr �jC;f.. ii(' Sc 1C� UI1° ;•: �.;� 7:_ trl�` C1 .�,�r ^OLlI_'a° �1;iVE', c� ba.nk operryi.•e it �.��d then cYia�•�e cf= to the b^:nk. rSr. �oardma�� e;� plaa.ned the person ?•rould b� t�-_kin� the ] oan out, �nd the city i•rould b� ::ubs-i_diz.i.n,; the i_nt�re;�t rate. ?�`r. �i�rri,�; a�'•�ed i��ho t�*ou1_d be on the hook in c�ise of default, and ?�1r. ?�oar.dma�ri repl�.ed i.t iaa:; his utiderstanding the banlc ;��ouid be. H�. s��d the ca_t,y �:�ould just be ,r,aving t.'r,e diff.erence bett•7een the inter. est r. af,es � tiJJt t.he bank �.:ould have the cont?"c3.0 �. :dlt1"1 til� per�on. I�Ir. Ha.rris asked i;' he ��;as sav_i.n� t.hat the eity a�imin:istr�tes this, a_nci A•Ir. Boarc�man said the cit•y �.;o�.z:l.d � dr:lini:;tr�te the mone,y {.:o the bar.k. I�ir. Harri� que�i;ioned if the ci.t�,� wouJ.d be invc].ved in �rantin�; the ��n�, and I�ir. Bo�.�rdr��:.n repl.ied the,y taould x�ot, but. t,hey T-�ou7_d prob�b]y be �_nvolved in cloin� t-he credit c!�ec��- to see if the appli.c;�zts :,:ere nua.lified. I�1r. Harri ��sked if the city had +he staf'f personnel to d� this. T;r. 5oardmrv� said ttiat they �,�o�z1_d Y�e �etti.ng a 2�� reimbur•semerit; for in�ianc��, if tti�e city ��ot n�c�nies i'rom thi.s pro�;ram f'or :�1.00,000, th�n �20,000 of that, is aclmin-i.:;tra_t,� VP mor�ies and �F30,000 i_s left, ior thP operation oi' the pro�;rrun. � Plannin� Commi^sion Rle�tin�; - ri�,y 19 1�76 P� e 16 � Mr. Lan�;enfc�ld �aid that if John Doe decides he is going to get this 1oan, which thA city has agreed t,o subsidize, he thou�ht it would be conceivable that the bank is �o�ng to �et the hi�he�t possible interest on this loan and charge the cit,y � perhap� 1:?i . He said then �:he individual. vrould only have to na,y ?; and the citr e:ould b� forced to �ay the 10'i , an�? asked if that :,�as hotr i.t was going to ��.ork. Chairrnan Harris replied that he tnau�ht the le�3l: lending rate r,ras set at 8-3/�%, ?nd these ;•rere Ge� by t�P stat? on a�uarterl,y basis. He assumed that these loan rates t�at the b?nK Z�rould cnar�e to tn� individual ��ou1d be �?-3/!a`�. ?�4r. Ber. gman pointed out that tne r�tes they had been c�uoting T�:ere a.pplicable nnl,y on com.mercial loan �. - . ?�1T'. Z,�.IIF;CJI�E'.ld �f�l'�,^C� �'le n.�,�er kne-•r �'"t�'' C1t.,r t•T=3.^ ;TO:i.ri�' t0 �.' ^i ll^ �_11t�?"n:>;; � �.+@,"s �"'� T'`r. 'jc'""', �,;��? ai rZr-� %�:1:. .'%3.:' pa'.^'t, Oi 'i,ilE'. t�Jl) ?:?T?� 1C;:i�1_021 8I'l� �'?S ].il t�'1�? '�?ousin�, Pl::n. '�� s;�id h�, h�•.�ever, did not ?mosr thn ^it,,T .�� ;oin� to bnc�me involved in the �ctlial l�:ndirl:� of the pro�r��n. H� stated 7�e di� not �,hink the cit,y .;as equipred. or st�ffed to �et into i;�e lending busines:;. 7 AA P�'r. �oa.rdm�,=:r. ,�:�.id re t�;ou�d check into ±.hi:� fur+her to see z.ha.t t,rne or ouer�tion it is, �.nd tna� ?�� didn' �:;e� �n;,r �rob��_�;m :•.*itn .� �;r�nt n?°o�fr��. iie �ai_d_ �_t bether�d him t�at t':.e c�t�� :,ra?zl�� };a,r° to �.dmin,��'�� :?. 7_0 �� :�ro�,r�m. He .� Lated he realizec? �"1�' �.1.C1 22Qv }lalrr� al]. �;nE' �17�'l)Y'T"'it,'pI'1 ±,p �;^r?,r,np� �� T,?�P i01''L"111�c1021� blZt �!F r'?Tlt('� to 1_et t.h�m kno�� tne di.r�c;t.i.ori t�a.t :r.^�� b�in� tGken �n� ,.,��. t��eir feelin� �n it. AD�?OU;2i�:I�'!:�i'�T j'•:OT.�fOi'� �V -iE�Y's?`7t?py `'°C!')21�`('C; �',' is?k)E'.� t fi�'1?:� f,}1^ ??'ir'n�Lrl�" �Jr' ;rj ipUrI'_E;(�. IJ�Oi1 .... tTC)l_C�? JOl-^� ��.1 VOf,1.11�;' ?.,l�f_'1 L!�'?1.':"?9i1 j:_".Y'ri.^ df;(��,^?`�',� -�-.�1n !��_`?7111�p£' �%Otil?�:7_cS1(�l'1 mee��_ri�� of t��,- �_q� �97F ��.iour.iic-d ?.t ]_?:lr �..`°;. b;,r t?na.rii_mot:s .vot�.. Resp^.^.tfu1.I'>T �uh;nittec.i, � . �%� � ,��'l'��-�'.��-'`- _ _ �./___� - __._.._� � Sherri 0'Donnell, Acting Secre ary I! . � - � � , , . � (� '° "` - � ' 7 BB � ' . _ SP 1I76-06 KENNI:DY TREINSMISSION �. � � - � � � � .�* �. c . � ,[�� .. '� � � � . . --- � LS ��76-04 ROBERT SCHRO�R � `M ' �� -�— --� l,� �• (� • ' , • � �'..I:: . � . 1'� �� ' V ,,. ' � � `, ��.. � .� ! i � . ; # . U -�� ' � �� . `� _ � _ ` _t�'L � ._ .._._ __., . _ _ �. ..._ .�,...., ..., _ �_ � . . � � � � ... .r.! �7fcir.C,F.r_rF J. t�•� r -.._.. � .. . � �_.. �� o�` �� '� . y . �. .,. r. �-' �. �s� • ' t t , s1-r--�—.��... ^ � ... • ± �i ��`�' .J...... ,o t� . ,/�� N.'�✓� .! ,� : i..i 3� ., i. �i . � `' � , � � �' ';ti� J'''� : F ��,:.;iia . �'Y�-�''� �'-��`� �c�� i.:. .�.r .� ,� � •�� J �; , �. ;{ (�'�''' '; . ' •. �:1,` � ��° •� : r q . 1d •�3 �� ..� �°4 ��`, � , !� 4. �"' � � � e ~ � �.- � ei. �1j � - °,�' ` '.S`. �' � y V � ^ � � � 'y. � -_ �• � ,< 8 �'�, � , .�s. �, t l:� � , � -t � , 'Y \ - \; h �_y� ,4 , . ' c ._ N +1 � � �t� t.<w•.::`,'� � . . . . (:�;s. �j ~��"'_ � 1 ? . [+ !; �' :•,,, 'Y' � `n°'� /91n� �_ i j�o t /;'rt> � b �^ � �`� 3-,c. �:-° + � : ' ,�: �� r�r - .�r�� _�� a: � � ! �� -;'., : , „ S� {r� �.. < i i.l.l . � , ~ �U_Li � v'J/F� �t . a ' 1 1�I� � � ,i? �,'% .Y, FJ"fi' i0 /!!_�_.�_?` � :,,i � � � r . ;.r . '°a � � � r . . �,�-,y . J. + �. , _ : � � �-� � � �=� �:� J�i . 4 ' �+` � � � . o� � � .Z . :.� C'^ � , ° •'� Is ! �...%�� *'� . . O �� ; V . .� 4 M. 4 �1u e; -` � i. + .-� 4 � �;••- - - - - . . . . � � \ � � , � / - \� 3 y E�� `�\.'_.9 i..�� . •� - � /.-I , y � � . . . e � � ° .� � � � � � , ;� 1.-"* � I � � O J � � ��, �-'�; � � . \ -::. � � M � � �� ; _,. h � �k.�G ` \ `i � � � �J �. ; ../` . � GI �`� ' � �~ �� `� \ \ ' � �" � I s~ r t i � �T4O----� �9�'�� .ivL _� Y `�__<'„':e I _ .��t�r - - `, i i_j . � � ;. , ��„>o�'��'i�ii�—. — :s: s'� ,s�''.:.' , , � � I S•• 7 ' ' . _ �" � � � r J i ' � � ` \M ! x I�, '---- . t'; , .� '�� , ; . , � �� .`' i:.T. � -��'° . �� . . '.j� � i� 1 � �� 7 ........_.\ .,..«.�. '`t. \�1 � � . F lo ° - y' , E. �`a y �° �:'� . ,f�/� ^` � ; ,� � ' r w.� } � � - _.. �. � �� ,� , yI � v � ►'.j��v ,'..,_, I � . ' � �\ ' . 1 , . [=.�� y�.c� � ! Y� . � • . r=;1, , ;ro ,v � �7a� � s a, :�, � �� r ' a�! i t �� • _,>. � - X . :Ye�` �:� � W � �a� � ;� '' ' CJ 't � � � � � � �� `� � '`�` � �103 � ; F 9��1�t� �Yx� tiZU � � � a ,a� 1i � hk�, •/f �� IP+i • / ��J +�'- • . .Y�J %ii�r/Y , ��' � � . . • , . . ' r �� E� L! ! . . �� L•7 •r t_�'�'r _ i :sy•�,•.�,H� ..=�:.� ---- E'�� g �''�„ � ;,�° r y,� e. •.-e:. ` (.� �� ..� n � � ��;r"�0_.�� . � v : f:N l' � G � `', `" � ~•� J �� Y.� !7s � i �� a1 °� 4 / � � d-" • %f,n%• Yf�O /� �fI �:i..i wr .�.wil � I ' ► . I i �� . � I :� �� d �., � � �f' r � _ .. I � - , • � •� . I ,y ��1 _/i 1 \ � � ' . 1 �lT) F. t I .r , �� . . ,-�. �I ' 1 � � � � � �_� � � �� I � 'L _ MEMORAP�DUM 70: CITY MANAGER FROM: ADMINISTRATIVE ASSISTANT � Y � . . .. �...' ::%£�: DATE: JUNE 4, 1976 RE: REQUEST FOR FUNDING OF NORTH SUBURBAN FAt�IILY SERVICE CENTER The City of Coon Rapids is requesting the City of Fridley allocate $3,OOG of the 1977 City budyet for the North Suburban Family Service Center, and send a resolution to the Anoka County 6oard urging the County to par�icipate in funding the Center. The reason for this request for financial assistance is the anticipated 1977 fiscal"situation which in- cludes an estimated Center deficit of $30,000. It is estimated�Fridley residents comprise 10% of tf�e users of the Center. Therefore, the City of Coon Rapids is requesting a contribution of $3,Q00, whi�ch is 10% of the expected deficit. . ;�' � �; In 1974, the Fridley City Council donated $i,000 to: the Nucleus Center of the North Suburban Family Service Cent�r because,of the utili- zation of the Center by Fridley youths. No requ�st for funding was made of the City of Fridley in 1975 due to the level of County funding. The North Suburban Family Service.�Center;includes the Nucleus Clinic, an education and prevent.ion clinic, which provides pregnancy testing, venereal disease ti�eatment, contraceptives, and other relai;ed medical ser- vices. The Center also provides individual, family and group counseling, inforniation and referal, ar�d outreach activities. Fees.are charged for clinic and counseling services. � � The request from Coon Rapids which'includes further inforrnat�on� fol l ows . ,� _ - . ,:.{ � JKK/ms - i F � . � ` -; 8 ' � ctty of - 1 coon r��ids May 7, 1976 Mr. Nasim Qureshi City Manager City of Fridley 6431 University Fridley, Minn. Avenue N . E. 55432 Dear Mr. Qureshi: The City of Coon Rapids has sponsored the North Suburban Family Service Cente'r for the past four years. During this time the City has consistently increased its amount of support to the point where budget constraints absolutely prohibit any fiarther increases. You may recall that in 1974 the City of Fridley allocated $1 , 000 for the Nucleus Clinic, a program of the NSFSC, because of the utilization by Fridley youth of this worthwhile program. At this point in time, i.e. budget preparation of 1977, utilization by Fridley residents continues to increase as does the severity of our budget probtems. The City of Coon Rapids has been contributing about $30,000 per year to the operation of the NSFSC for the past four years. Along with this has come State and Federal grant monies funneled through the Anoka County Con�prehensive Health Departi�nent as well as users fees, donations and countless hours of professional and clerical volunteer �time. Add to the above $180,000 in construci:ion cost, $�40,OQ0 Federal, $40,000, City of Coon Rapids, in 1�76 and you get a picture of our tremendous commit- ment �o Lhe p rograms at the NS FSC . Enter 1977. We are looking at $130,000 deficit in our if we merely maintain the present level of services in we cannot support the Center programs with more than we have been appropriating in �the past. Even that amc strain on our Generai Fund . Gene ral Fund >ur City. Obviously, the $30, 000 that ant pufis a severe • � • Assuming an operating budget of around $115,000 for 1977 for all of NSFSC '� programs, and assuming that the CETA program has ended, (we now fund $�0,000 worth of Center staff ihrough this program), and assuming we get no County money, and assuming that State and Federal grants through the �I � County Health Department increase to only $30,000 (from $27,000), and assuming fees and donations increase by 30% to $25, 000 and assuming overhead costs double with the new building (triple existing space) and' staff salaries �I � increase by 6% - we face a$30, 000 deficit. � 1313 Coon Rapids Boulevard, Coon Rapids, Minnesota 55433 (612) 755-2880 '� . � Mr. Nasim Qureshi ' ,1977 Projections 2, 000 Patients �'i ��1�,500 Counseling Sessions -2- 1977 ANTICIPATED Expenditures Nucleus Clinic $ 36,000 Counseling Programs 60,000 , � Workshops-500 Ind . ) ' Information & Referral ) ail Other Programs ,2, 500 pe r ye ar ) Outreach, etc. ) 19,OOQ $115,000 May 7, 1976 Income Grants : i $30,000 City of Coon Rapids 30,000 Fees, Donations 25, QOO , Given the above situation and given the average utilization of NSFSC programs by Fridley residents of about 10%; v�e respectfully ask the City of Fridley to again contribute to the NSFSC. With an anticipated '� deficit cf $30, 000 in 1977 we feel $3, OQO from Fridley would at least cover their share of the deficit. Coupled with that we urge that you send a resolution of su�port to the County Board urging them to fund ,� NSFSC programs with at least a te{<en amount of County aollars, be they revenue sharing monies, or property tax monies. � r F?nally, if we should be so fortunate as to have CETA extended through i�77, or the County support the pr^ograms with local money or sorne unforeseen pot of gold lar�d at our feet, we would not need the money from your fine City. However, the odds are against all of the above hapE�c�ning in �1977, and given the sitvation of no additi.onal funds over 1976, the Cent�r will have ta l�y off two staff people �Nhicl�� wiil severely curtail existing programs and possibly spell the demise of the Center. Attached are some materials that outline the vari��.as program5 anu budget information for NSF�S'C. If you want mor^e information or a clarification of any of the above, please feel free to call me . I of^ a member of' my staff would be priviledgec� to appear before your Council to outline our request at arry tirrie during your buclget pracess. Very truly your�s, _ � �/� ; ��, � _�� / / "�' ,_- ( C '� �..._ �-�,i_.. _ ---_ � „ �J . K . Cottir��ham City Manager 'I � jmm �ttachments I ' $85,000 � • cit of - � � coan r� ��s p t June 2, �976 � TO: Administrative Assistant City oF Fridley FROM: Joel Koemptgen, Director oP Family � Services, Coon Rapids , SUBJECT: North Suburban Family Service Center Stati�tics For Fridley Residents , Nucleus Clinic: January 1975 thr,ough May 1�76 � Total.: 2, 100 patients � Fridley Resident.s: 225 11% Counseling: November 1975 through April 1976 (6 months) , Total: 80 individuals ' 106 families 300 members in therapy groups , Fridley R�sidents: Aboui: 11% 12 individuals = 20 sessions � 8 Pamilies = 30 sessions 30 members in groups = 90 sessions �• � Other: Assume 10% oP phone counseling Fridley Residents 10 per month Assume 10/� inPormation and reP�rral calls � Fridley Residents 20 per mo��th Assume 10% outreach = talks and workshops at schools, churches, etc. Fridicy Residents about 1 a month , Attached is our late �t newsletl.er. IF you need any more inPormation, please Feel Pree to calt me at 755-2880, x258. � � , Sincere ' yours, � i�� J C/ el Koemptge Director oF Family Services , daw ' Attachment �� 1313 Cot>n Ra ids Boulevard, CoonRa ids, i�[innesota 55433 P P (61Z) 7JJ-Z88O 1 9 1 ■ I, RECEIUING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT � PROJECT ST. 1976-10 (SEALCOATING) ' Bid Opening will be June 7, 1976. Recommendation will be � made at the Council Meeting. � � ' , ' i 1 ! 1 1 1 '1 � l0 CITY OF FRIDLEY PETITION COVER SHEET Petit:ion No. A-197j�� Date Rec.eived �}j��6 Object Include I_ots �,y 2 and �,� 81�ck 1, C. D. Hut��inson Addition, and Lot 18, Revi sed Audi tors' S;ubdi vi si on #77 ( 7429 Eas t Ri ver� Road and 7365 East River Road) in the under�round pipe storm sewer system and to assess this imp�°ovement against the drainage district. �Oak Glen Creek� � Petition C�tecked By llate iercent Signing _ �� _ _ Referred ta City Council Disposition ____��__,_-------.0 _ _� —_ � � MAROLD O, CANT (1�87-Ifl73) ,HENRV W. HAVER570CK (RETIREO) FfiANKL1N D. ORAY FRANK W. �LANT� JR, JOHN W. MOOTV KENNETH M,ANOERSON 'MEIVIN R, MOOT� . RU49CLL M,BENNETT CLINTON A,SCHROEDER EDWARD J. CALIAHAN�JR. ROBCA• L.HELIAND JAMES 5. SIMONSON ��ARRY H, HENNEMAN RICNA{iD N, FLINT MICHAEL P. SUILIVAN CURTIS O. �ORSLUND � RIC��AHD A.00WMAN ORUCF D. GRVSSING �C.9TEVEN WtLSON JO��N 5. CROUCH CRAIG l. VOLLMAR OAViD T, BENNE'fT ' GRAY. PLANT, MOOTY & ANDERSON LAW OFFICES 300 ROANOKE @UILDING M�NNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 339-9501 City of Fridley Mayor and City Council c/o City Manager Fridley Civic Center 6431 University Avenue Fridley, Minnesota 55432 Gentlemen: May 14, 1976 Re: Oak Glen Creek 10 A EDWIN C. GARPENTER LIN�LEV 9, BRANSON JOHN W,THIEL NOEL P, MU�LER JE�PREY R, BROOKE �AN�EL R, SHULMAN MICHAEI R, CUNNINOHAM ANDREW C.SELDEN � RIGHARD A. MOORE�JR, JAMES R, LANOE 3TEPH�EN J. SNIIDER JEFFREYJ,KEYES FREOERICK J. GERNART WILLIAM L, NILLION KRISTEN G. NELSON JOHN P, JAMES � JOSEPH D. BOLTON ELI2ABETH W. NORTON JOHN Q.MCSNANE W.TODO HAGGART BRIAN L, 60YSEN . OFCOUNSEI ALF L.6ERGERUD EDWARD J. CALLAHAN� SR, We repr�sent The Kunz Oil Company, which is the owner of property in Fridley, Mi.nnesota, legaZly descriUed as Lots l, 2 3, Block l, C. D. Hui:chi_nson Addition, and Lot 18, Revised Auditors' Subdivision #7 (7429 East River Road and 7365 East River Road) . The Oak GlE�n Creek passes tizrough -these sites, and our client is thus thc� owner of property nn both �ides of creek as it passes through the above-described property. and the It is our understanding that th� City of Fridley is presently considering a proposal to enclose a portion of_ Oak Glen Creek in an underground pipe storm sewer system, a�.d to assess this improve- ment against the drainage district. In conneGtion with this proposa�, we hereby petition, on behalf of The Kunz Oil Company, that the City of F.ridley also enclase in ari underground storm sewer pipe that porti.on of Oak Glen Creek which passes through the above-described propErty of The Kunz Oil Company, and that this improvement also be assessed against the drainage district. Thank you for your assistance and consideration. Very truly yours, GRAYr PL� T, MOOTY & ANDERSON % �� , IBy ,-' ,'z,;i','j � ''; , f�'., :� Joseph,,�. Bolton � JDB/ssw �/� � I' � cc: The Kunz Uil Company � �1ttn.: Jim Berg ■ � ,�6�9 "�$�� ;, ' S � ■ ; ` '- . '�\,,, . . 10 B _ S� 4: �/ b�! - � , ., • ' IQ ? � _ :. �+1.: � F �;,•. /, `1 ��_�; � s� �, :;, �, �,�N -. - � � � -� .�,� y ��,.;� o�� ' � . ,_ '..,� �� 1 � �� e.��' ►- '� "�p0 .., ��ll7 � , ,. ,� �"� ` , , � � � r � c` C� � 5 � � c� � ��,� �� i j . �� c ;. �1ry r � . 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' ; 7.: ?_5 . ;,� � �+1I ' � -:.; ".. , � , j , � s� t' , _, �°, , _. � " +4 �,'' �, � ' . '-o�•+^°�./�-r AJ,.�..., ��.... - � . _ :;'� .'+ I. !' � } '.° , � ; ,, � � :' ./ � � �� ra�af,( ,,..�� .� ----. 4 _ ____ '� ; , � , � � M � ...,. , ��,.7 1 , � � M f I �� ; ,, ;�,> c:sc' . .� ...� :. .� i , ,1 � ... :. , ,. « � � j � � � � f '. � s:.� /,;, a , , �, F i: � � . ;;. 1 . .� , .. . , .. . .. ; .., " �• � : c � �`a f �3�/ � a � .____�_ _ . , . , , ; , . ; , �' � � �1 5- . � •-- �_.r... , �. . � , .__ r .. .. ., , �.,, . : ,�, , _., . . ' !/;'/l , : , , _ _ ' _.__ _ _ _ ,t .,, x �s .� ,, „ , � o . . .'�; � � f ! _ � � .. ., , . • , . ti � • , ' -„� t ' ' f �, f�,- �' r , , � + ' � i ' ' _ . i � r . _._. e . _.._._._.__4......�_._... _�._. , < , � t z '., r � �� .a � � .. � / • ' ...t / I,% . i . � � �� 1� . � _.. . � � i - •.___ � r ,l^ ..• , ..,�� r � _ ._.... _.�-'^� � �' � ., L: �' �..... . ' 9 7 � . , j I __. . ... = y; ry .'.' , ,. . r� •. � }. , r.�l t .�-. ......,...�. .. ...r. . . ._. ._..__ . __:y . . � � �. .� . r�� Q� �,:, a ..-j . + . �5 ._ . � _._ � ^�.. �_��;. ..i� %��.�;,�r"C� , �, RESOLUTION N0. 1 RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO APPLY FOR INNOVATIVE AREA-WIDE R�HABILITATION PROGRAM FUNDS FOR IMPLE- MENTATIOI3 WITHIN THE CITY OI' FRIDLEY � ' ' � WHEREAS, the City of Fridley finds that rehabilitation and mainten- ance of tl�e existing housing stock is essential to the continued vitality and quality of neighborhoods; and WHEREAS, the City of Tridley desires to stimulate and assist owners in rehabilitating and preserving housing in the City through neighborhood improve- ments, and by providing funds for rehabilitation loans and grants, and counseling services for owners; and ' WHEREAS, federal funds under Title I o� the Housing and Community Development Act of 1974 are available for such assistance; and ' WHEREAS, the Minnesota Housing Finance Agency also has funds to be used for rehabilitation grants, and will accept applications from housing and redevelopment authorities desiring to administer these funds, and � WHEREAS, the Metropol.itan Council; whicli l�as been duly organized pursuant L-o Minnesota Statutes 473.06, Subd. 3 and Minnesota Laws 1975; Chapter 13, Section 6, Subd. 3; Section 21, Subd. l; and Section 24, and has all of the � powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 und�r the provisions of the Municipal liousing and Re- development Act, Minnesota Statutes Section 462.411 to 462.71I, and acts 1 amendatory thereof, intends to app]_y for the>e feder.a7, aiid state rellabilitation program funds. ' � � NOW, THLR}'sFORE, J3F, IT RESOLVED by the City o£ Fridl�y: 1. That the Metropolitan Council is hereby requested to include the City of Fridleq in an applicati.an for grant funds under Tir1e I of the Housing and Com.nunity Development Act of: 1974 and an application for state Home Improvement Grant Program funds. � 2. That upon app.roval of such applications, the City and the Metro- polita�z Council will enter into an agr�ement for operating the program within tlie City. � � � r � ADOPTED BY THE CITY COUNCIL Or THE CITY OF rRIDLLY TIiIS DAY OF 1976. ATTEST: CITY CLL1tK - MARVIN C. BRUNSELL MAYOR - WILLIATi J. NEF . �Z 12 APPOINTMENT FOR CITY COUNCIL APPROVAL - JUNE 7, i97b NAME POSITION SALARY EFFECTIVE DATE REPLACES � Telaine Dematteo Receptionist/ $567 May 18, 1976 Sharon Schuldt 1441 73rd Ave. N.E. License Clerk, Per Fridley, Mn. Finance Dept. Month TRANSFFR ' Sharon A. Schuldt Billing Machine $585 May lp, 1976 Marsha Thorpe 10151 Sycamore St. Operator, Finance Per Coon Rapids, Mn. Department Month r 1 MULTIPLE DWELLING LICENSES TO BE APPROVED: Period September ], 1975 to September 1, 1976 1� IOWNER ADDRESS UNITS FEE APPROVED BY: ,�James We11 221 Satellite Lane 11 $16.00 R. D. Aldrich, Rio de Janiero, Brazil Fire Prev. � , � � � � � � � �,� ' Pa_ ge 1 Of� �L, � '� LIST OF LICENSES TO BE APPROUCD QY TfIE CITY COUNCIL AT TFIE f�EETING OF JUNE 7, 1976. � TYPE OF LICENSE: CIGARETTE � � Fridley A � W 7429 East River Road , ' Ground Round 5277 Central Ave. � � Lemms Country Boy 1301 t�ississippi St. N.E. �Skywood Cleaners 5251 Central Avenue �Target Stores 1081 73rd Avenue Target S�:ores � lOQl 73rd Avenue FOOD ESTAQLISHMENT jColumbia Arena ` 7011 University Ave. N.E. � Fridley A & b� 7429 East River Road 'Grace High School 1350 Gardena Ave. N.E. � Gro.and P,o�.ind 5277 Cental Avenue � Lemms Country Boy 1301 hlississippi OFF SALE BEER � Len�rn ; Country 8oy 1301 1•1ississippi ST. N.E. � SAU^;t`i �[3ody ShOppe S1upd 6379 University SEf:VICE ST!�TIO�V i� Di c�;' s Plorti� _Si:ar rtC4� Il.�rshall Street � . i I ' L�r,,�;� Country Goy 13Q1 ;�1issi,siE�pi SC. N.E. BY: APPROVED 6Y: J. Dimmer James Hill Public Safety Director D.V.M. Inc. James Hil1 S. 0. Dahlen Public Safety Director Henry E. Lemm James Hill Public Safety Director Specialized Vending James Nill Franlc S. Casale Public Safety Director Vendmark Inc. James Hill W. Nundahl Public Safety Director Vendmark Inc. James Hill W. Nundahl Public Safety Direcior Steve Olson Health Inspector R.J. Dimmer Steve Olsan Health Inspector J. Patrick Casey Stcve Olson Heal tfi Inspectar R.T. McNally Steve 01son No�vard Johnson Co. Heaith Inspector Nenry E. Lemm Steve Olson Health Inspector Henry E. Lemm James Hi11 Public Safety Director S. Upham Steve Olson Health Inspector R. Flennessey Henry F. Lein�n Robcr°t Aldrich Fire Ins�ector Darrel Clark Guildinc� Inspector Robcrt Aldrich Fire InsE�ector Darrel Clark T . �. F r. FEE: 12.00 12.00 12.00 12.00 12.00 12.00 25,00 25.00 NON PR��IT 25.00 25.00 15.00 25.00 30.00 3�iIi7 - Page 2 of 2 � LIST OF LICENSES TO LE APPROVED BY TNE CITY COUNCIL AT TfiE P-1EETIi�G OF JUNE 7, 1976. �4 B TYPE OF LICENSE: � SERVICE STIITI0�1 ' j Nolly Center Standard 6490 University Ave. N.E. � SQLICITOR LICENSE I � Clifford Moen 9503 - 123 St. E. � Hastings, Minnesota USED CAR LOT LICENSE �Datsun 7810 University � � VENDING MACHINES 7arget Stores 1081 73rd Avenue � Assurance P�Ifg. Co. , Inc. 7753 Beech St. N.E. � Creative Hair 6574 University Ave. N.E. ' Frank's Nursery 7620 University Ave. � Grace High School 1350 Garde►�a Ave. N. E. tM & I �luto Supply 6005 Un�vers�ty N.E. �Sinclair Service 6290 Ni ghti��ay 65 Skywood Cleaners , 5?_51 Central Avenue Sun NewSpaper I' t 5211 Central Ave. iV.E. � � �BY: Robert Rabe Clifford Moen R. D. Benjamin W. Nundahl George Moss George t�oss J. Patrick Casey C1arence Rudquist George P4oss Frank Casale James /�. Matter APPROVED BY: Robert Aldrich Fire Inspector Darrel Clark Buildinq Inspector James Hill Public Safety Dir. James Hill Public Safety Qir. Darrel Cl ark Building Inspector Steve Olsan Flea1th Inspectar Steve Olson Nealth Ins;�ector Steve dlson Health Inspector Steve Olson Health Inspzctar Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspec�or Stev� Olson Health Inspector Steve Olson Nealth Inspector FEE: 30.00 25.00 100,00 �.� 11 15.00 ��il� 15. 00 PdON PROFIT 15.00 15.00 15.00 �'�iZ�] . - _ LIST OF LICENSES TO QE APPROVED QY TNE CI7Y COUNCIL AT THE MEETING OF JUNE 7, 197b. l4 C� � . TYPE OF LICENSE: BY: APPROVED QY: FEE: , � � GARBAGE AND REFUSE COLLECTOR S ',Walter's Disposal Serv. Ine. John Walter Steve Olson 45.00 2$30 101st Ave. N.E. Health Inspector Mpls., Minn. 55434 � Waste Control Div. f�elron, Inc. Ronald Roth Steve Olson 30.00 95 41. Ivy Health Inspector � St. Paul, Minn. Woadlake Sanitary Service Inc. Jason Gramstad Steve Olson 75.00 dba All State Disposal Health Inspector �4000 Hamel Road � Hamel, Minn. 55340 , �Robert J. Younkin Rober� Younkin Steve Olson 30.OQ dba Allied Disposal Service Health Inspector 3714 Girard North � N�inneapolis, i�n. 55412 FOOD ESTASLISHMENT � Fridley Youth Football Assoc. Frank Hart Steve Olson NON-PROFI7 6000 3rd Street N.E. Health Inspector � � I . 1 ! t 1 1 � � . ', f �4 D , LICENSE5 TO BE APPROVED BY THE CITY COUNCIL AT THEIR REGULAR MEETING OF JUNE 7, 1976 , EXCAVATING APPROVED BY Haeg Plumbing Co. 1 7226 Cedar Avenue South Darrel Clark Minneapolis, Mn. 55423 By: Raymond E. Haeg Com. Dev. Adm. NEW I Raymond Perron � j 177 Cleveland Avenue S.E. DarreZ Clark New Brighton, Mn. 55112 By: Raymond Perron Com. Dev. Adm. RENEWAL � GENERAL CONTRACTOR Clemen Construction, Inc. � 4330 Pleasant Avenue South Darrel Clark Minneapolis, Mn. 55409 By: Ftobert Clemen Com. Dev. Adm. NEW � D. W. Construction Inc. 8804 Lexington Avenue Darrel Clark New Brighton, Mn. 55112 By: Donald Wehlast Com. Dev. Adm. RENEWAL , Lambert Petersen Inc. 1360 Osborne Read N.E. Darrel Clark Fridley, Mn. 55432 By: Gary Petersen Com. Dev. Adm. RENEWAL � Roger G. Leffler 5798 Jefferson Street N.E. Darrel Clark � Fridley, Mn. 55432 By: Roger G. Leffler Com. Dev. Adm. RENEWAL L. W. Samuelson Construction Inc. � 7800 �ast River Road N.�. Darrel Clark Fridley, Mn. 55432 By: L. W. Samuelson Com. Dev. Adm. RENFWAL Sparkle Pool Installers ' , Route #6 Darrel Clark Anoka, Mn. 55303 By: Charles Kussman Com. Dev. Adm. NEW � HE�ITING Master Mobile Home Service � 2189 Long Lake Road William Sandin New Brighton, Mn. 55112 By: Robert Fassett Plbg. Htg. Insp. NLW Geo. Sedgwick Heating & Air Cond. I� I.001 Xenia Avenue South William Sandin Minneapolis, Mn. 55416 By: StanZey Snyder Plbg. Htg. Insp. RENEWAL � MASONRY Bendiske Concrete & Masonry Inc. 808 Johnson Street Darrel Clark '' Anoka, Mn. 55303 By: Art Bendiske Com. Dev. Adm. RENEWAL R. E. Ostrom, Inc. , 6211 Comstock Laiie No. DarreY Clark Maple Grove, Nln. 55369 By: Robert Ostrom Com. Dev. Adm. NEW � I�_ _ . Licenses to be Approved by Council June 7, 1976 SIGN ERECTOR Marv Richards - Sign Artist 7570 Highway #65 N.E. Fridley, Mn. 55432 By: Marvin Richards Henry B. Telke Signs 1401 East 96th Street Minneapolis, Mn. 55420 By: Henry Telke PUBLIC POOL Meadow Run Apartments 7855 East River Road N.E. Fridley, Mn. 55432 By: Hirsch-Newman Co. l4E Page 2 APPROVED BY Darrel Clark Com. Dev. Adm. NEW Darrel Clark Com. Dev. Adm. NEW Steven J. Olson Environmental Ofc. 0 � ESTiMATES FOR CITY COUNCIL CONSIDERATION - JUNE 7, 1976 Peter Lametti Construction Co. 615 Drake Street St. Paul, Minnesota 55102 FINAL Estimate #1 for period ending May 28, 1976 for Sewer and Water Project #119 N.D.H. Asph<�lt Co., Inc. 5400 N.W. Industry Avenue Anoka, Minnesota 55303 PARTIAL Estimate #1, for Street Improvement Project ST. 1976-1 $44,761.62 $77,966.35 15 � � � ' . : Y . * r CITY OF FRCDLEY . � En�ineerino Department � 6431 University Avenue Fridley, Minnesota 55432 ' ' , . Date June 2, 197$ � 15 A TQ: Honorable Mayor and City Council RE: Est. i�Io. 1 (Final) , City of Fridley : Per. Ending_ 5 28 76 6431 University Avenue N.E. For_ SEWER & WATER PROJECT ��1I9 Minneapolis, Minneso�a 55432 Peter Lametti Construct�,on Co. � 615 Drake Street St. Pau1, MN 55102 Cantract Item :"�.I.P. -" ate Valve =�`�drant W/Gate Va1ve " 0 Bend � :-" 2'-3 Bend T� �`� X 6,� X 6" Tee '`' 8" X 6" Tee � �e ice Connections _ " o_p�er Service Pipe rr .V.�. �^l�� " .V.C. 10-I2' -" C,I.1'. l.Q-12` 22 LF 1.1e00 dard ri�nhole S Ea. 610.00 �� a De ��ttz rlanholes 2.2 VF 40:00^ _" P.V.C. Sz�rvice Lines 530 LF 3.95 �ular .E'ipe ��aa�ng �zat. 55 CY � � 0� 10 � FZ.G.1'. ?_1-].�I3ends 0 ea.___�_- - 140.00- __ .� - - - - 2" R.C.P. 0-8' (C1.3) 353 LF 7e85 ry� ��.c.r. 8-io� (c1..3) 137 �.F �7.85 � R.0 Y�0-8' (C1.3) 670 LF 8.55 �` RiC.P. 8-10�(C1.3) 55 LF 8.55 -��~`R.C.Y. 1.U-12' (c1.3) li LF £3�55 ,.. <lard t�t. Ei. 0-8i Design F �i Ea. 430. 00 � _ t� :ciard M. iI. 0-Y, ` Design G �2 Ea. 34U. 00 .�___..� ---- _ ��ar.dard C:.ii. (�-�r I)esign H 2 Ea. -l��►(�ob0 -�� ➢cpth Manhole 1 VF 3�.�0 � �ti � itis;�76�`7 �j7T�Cover `- --�-�-- --�� : 6�"� _.I3. Castin�; 801,81U, 822 4�a,-.� 145.00 r ul ir �P1pe�I3e�a�n�ri�t. _ 55 CY ! _Oe10 � �1 .��s�z.y: o�.�= � 7 . 45 �`�"i..�41L_?':';��a_v_,iti�n�- � 240 CY 1.00 � Kcmnval 38S Inch 3.85 � e�t kr :�uz Eacing 88 SY 12.00 �ncrc tc.�I�riveway -� -�- -- 55 SX ---� --�--20.00 3 _---------- -- � •r,jinott`,�llriv�way 53 SY 12.00 1 kcF� i<ncE inrnt � � 1067 SY �--- --- 1. 50 ' ._ ---- --------- -- .eac�ti 0 1bs . 1. 00 STA�'E�NT OF Tti'Oi C0:1TP.ACT �.s imatea Unit Quantities Price ,� 946 LF � �S _____ 7 , 00 2 Ea. 193000 1 Ea. 840.00 2 Ea. 80.00 ` 2 Ea.� 80 _QO Z Ea. 110.00 ^ 1 Ea._ 400.00 15 Ea. 40.00 346 LF �e50 356 LF �+. �5 810 LF 5.00 't r: ntity s Fst. 898l- 2 1 -2 ____ _.7_ .�. 14 593.5 489.62 575.70 20 i 3,70 �+2f3. ]_0 20 _ 2 204.80 194.00 PP.OGRr.SS uantity To Date 2 ' 1 ____. 2 � 1 1 14 593.5 489^62 575.70 20 _ � _ 3.70 428,10 �zo `� 2� 204.80 194.00 4��_ z__ 214;7 0, 00 70.0 3 3 _ 2 2 2 2 !� 4 __ � 3 � 136 0 1,949 �.._.�_ 1.1_ 5 � 60 60 Amoun* To Date 6.2�6.00 � 386.00 840.00 160.00 _�_-�_-_--- 110.00 400.00 560.00� �2.077.25 220.00 3,660.00 _ 148.00 1�91.00 2.00 280.00_ 1,607.68 1,522.90 .4_,.4_44 .1.5 l ,8'�6.71 598,50 ' �.,._2 `�4 4 Q.._ 680.OQ �� 680. 00 _ 785.00 _r _s 5f30.00 _ 0.3Q ].,01�3. "�0 � � 1 > `��9.00_�_' Z,�,79.35 !` _._� 6i3!+ _00 _.,.�_G O �) . 00 1..�_L.�.'.� �?a --_-- ._ 1-�? � 5, �60 _ ..___ fiQ.t)p _ _ _._.._-- -� --.-_._,. ��',� �TAL $44,7G1.6�_-......._ t,�` Sewer & Water Improvement Project l�119 -2- � ' 15 B K ' ' �J � � � � , ' C� � � S U1�L`iARY : Or; ginal Contract Araount ` _ _ Contract Additions - Change Order Nos. Contract Deductions - Change Order Nos. ��7- Rev:tsed Contract Amount Value Completed To Date SUB T4TAL �nount Retained (10%) Zess Amount Paid Previously Al�IOtNT DUE THT5 ESTIMATE CERTIFICATE OF ThE CONTP,aCTOR � _ 43,814.05 , -----�-�-w � -____,_-�--w $ � 430.50 ��43.383.55 ' 44J761.62 �_44,761.62 S � �- - 0 ' c� 44,761.62 _ -a � { 2 her�by certify that the work perforraecl and the raaterials supplied tio date under terns of the contract for reference project, and all authorized chanUes th,e4eta, have an actual value under the contract of. the a�-nounts �howzi on this estimatc (and. the final quantities of the �inal estinate are correct), axld that this esti�►a�e is gust and �err ect and�f�] o part af the "l�mount Due Thzs Estimate" has been xeceived. $}y � •�`,'vs�:� �1 �f� E ^'°+��„yv�� P �' � 4 ° Date_ Contractoz's Authorized Representarive (Ti.t1e) ' CE�TIFICATE 0� THE ENCI�IEER I hereby certify that I have prepared or examined this es�imate, and �hat the � , � contractor is entitled to payment of thi.s estimate under the contract f or re£erence project. � C � OI' FPIDLEY INSPECTOR .B v � �- � � � Checked � � z/�� ' Date � Z'� � � � Respect�ully submitted, � ; CITF OF FR DLEI' , � • B ' �.�� '' �iw� RIC�IEIIZU `. SOIiIECH, P.�. ' ' Public t,orks DirecCor � � June 2nd, 1976 T0: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR UTILITY PROJECT #119 ', , We the undersigned, have inspected the above mentioned project and find that the work required by the cantract is substantially complete in conformity with the plans and specifications of the project. ' � , � ' � ' � ' ' All deficiencies have been corrected by the contractor, 111so, the work for which the City feels the contt°actor should receive a reduced price has been agreed upon by th� contractor. So, therefore, we recommend to you that the City apprave the attached FINAL ESTIMA7E for the contracior and the one year maintenance bond start from the day of the final inspection, that being June lst, 1976. � -=;��;� .� � �.- .�.�A�:,� ..��, omas A. Colbert Construction Tncharge i� <��._ 1= ' . .--� �_ -�c . ` � e Zentgraf Constructian Inspector ' �� ,w �� s�' � �%w Robert Landecker Contractor Representative :-� �,: ;_ ; t' � .r a :� � ; ,� �15C SEEYIPJG CLARIFICATION REGARDIPJG THE PURLIC SAFETY DIRECTOR APlQ �lEW POLICE OFFICERS' P1EP1BERSHIP IP� POLICE A�lD FIRE PERA . 0 ��