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09/27/1976 - 5723JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING SEPTEMBER 27, 1976 � � � t � II � � i � Z5� i THE MINUTES OF THE REGULAR MEETIPlG OF THE fRIDLEY CITY COUPlCIL OF SEPTEMBER 27, 1976 � ! The Regular Meeting of the FridTey City Council of September 27, 1976 was called to � order at 7:40 p.m. by Mayor Nee. � i PLEDGE OF ALLEGIRNCE: Mayor Nee ]ed the Council and the audience in saying the Pledge of Alie9iance to the Flag. • ROLL CALL: ' MEMBERS PRESEPJ'i � � i � P9ayor Nee, Counci7man HamerniK, Councilwoman Kukowski, CounciTman Starwalt and Councilman Fitzpatrick. MEMBERS ABSENT: None APPROVAL Of MINUTES: . REGULAR COUNCTL MEETIPIG OF SEPTEP9BER 13, 197b: Councilman Hamernik stated that he would like io amend the minutes, pacie two, first paragrapt� with the correction of P1r. Jack Velin as Director of the Springb►•ook Nature Foundation and not Mr. Doy1e Mullin. Councilman Fitzpatrick stated that ht would also like to amend the minutes, pane one, second paragraph under OPEfJ FORUP9 heading, last sentence in P10TIOP! should be "funds are not being disbursed.° F•10TION by Councilwoman Kukowski to approve the minutes as corrected. Seconded by Councilman Namernik, Upon a voice vote, all votinca aye, �1ayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Namernik to adopt the agenda with the additions of a petition from residents on Hillcrest Drive for a street light and a petition for a traffic sign. Seconded by Counci]man Starwalt. Upon a voice bote, all votina aye, Mayor Nee declared the motion carried unanimously. ' ' PUBLIC HEARING: PUBLIC HEARING ON ASSESSP1EPlT FOR THE TREATP9E�IT AMD REP4QVAL OF TREES (1976): i + MOTION by Councilman Hamernik to waive the readinc� of the Public Hearin� noiice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously and the Public � Hearing opened at 7:43 p.m. �. � Mr. Marvin Brunsell, Assistant City Manager/Finance Director, stated that the assessment roll is for the removal and treatment of trees. Some of the work was done'in the latter part of 1975 and the balance in 1976. There is a$25.00 administrative charqe added to ( the arriount that the contractor bi]led the City. Mr. Brunsell further stated that if ,� the assessment roll were adopted, it would be spread over a five year period with interest at the rate of seven and one-haif (7zq) percent per year. , � Mayor Nee then asked t1r. Charles Strike, CETA Forester, to explain how the tree removal operation works. Mr. Strike then proceeded to explain that the City ordinance specifies ; that the time alloted for tree removal after notice has been niven is ten days. However, t if for some reason of hardship, some other reasonable explanation, or if the individual(s) f cannot get their tree down within ten days, an extension can be given. In essence, it is from ten to twenty days for tree removal. Playor Ptee further asked Mr. Strike how � the City gets involved and what is the cost. P1r. Strike responded that the person(s) i that have the tree marked and a�ish to cut it down and pile the brush and logs by the curb, the City witl haui the brush and logs away and the City will pay the cost for this. If i � � � i i ! � � � � i � I ; i i I i r I� � I ! � 1 ' ' � � , 154 REGULAR COUNCIL t1EETIP�G OF SEPTEPIBER 2T, 1976 Page 2 the person(s) do not wish to remove the tree, the City then pays fifty (50%) percent of the total cost and the homeowner pays fifty (50%) percent of removal and disposal. Therefore, the contractor quotes a certain amount per inch and brush removal is included in that amount. For example, if a tree costs $200 to come down, the homeowner would only have to pay $100 and the total cost of $200 includes brush removal and cutting the tree down. Councilman Starwalt stated that he understood that last year there was a split in the cost but that this year if the tree was on City property tfie City handled it, but if it were on the private owner's property, it was his responsibility and questioned whether there are now two types of circumstances in the assessment roll. Ptr. Strike responded that this 44d5 so, explainin� that boulevard trees are removed by the City and the City does all the work involved. If the tree is not on the boulevard and obviously on a homeowners property, either the homeoarner has the City do the work and they are billed for fifty (50%) percent of the total cost or they do the work, pile the brush and logs by the street, and the City pays the cost for hauling the brush and logs. , Fiayor Nee asked if there was anyone present who wanted to discuss the subject matter. Mr. Bill Tonco> 5925 Hackmann Avenue N.E., Lot 3, Block 2, stated that last year in October, he was contacted by a forester (whose name he could not remember) regarding the removal of a tree; and this was acceptable to him since it was on the boulevard and not on his property. He further stated that he is now bein� assessed for it and feels he should not have to pay for the removal of it. Mr. Dan Huff, Platuralist/Resource Coordinator, stated that his office would be happy to recheck the property, if Mr. Tonco would give him his telephone number, he would be there the fo1lowinq day to survey it. Ptr. Huff did ask Mr. Tonco if the tree straddled the line, and he responded that it does to some extent. Mayor Pdee stated that there was a chance that Council would not adopt the proposed assessment roll this evening, although they could. They krould probably want to wait and consider the matter further. P1r. Tonco stated that this was agreeable with him. Mr. Steven Wiebur, 6005 5th Street PI.E., then stated that he would like to comment on his objection to the assessment, in that he and his farnily moved into their home a year ago this October and after two weeks received notice regarding an assessment for tree removal. He further stated that he believed the former owners of the house were aware of this and failed to mention it to him. P1r. Dan Huff stated th�t he was sure that his office made arrangements to take the trees do�m with the previous ovmers, and that when it came up to take the trees doti�un, probably he was selling the house to Mr. Wiebur, and perhaps the previous owners did not want to tell h1r. 4liebur of this fact. Mayor Nee then stated that he would like to get more background data and for Mr. Wiebur to contact Councilman Hamernik regarding this. MOTION by Councilwoman Kukowski to close the Public Hearing. Second.ed by Councilman Hamernik. Upon a voice vote, all voting aye, P7ayor Flee declared the motion carried unanimously and the Public Nearing closed at 8:09 p.m. OLD BllSINESS: RESOLUTION N0. 98-1976 - COP�FIWIIPIG ASSESSP1EPlT FOR ST. 1976-1 STREET If1PR0VEMENT PROJECT TABLED 9l20l76 : MOTIOP) by Councilman Hamernik to adopt Resolution Plo. 98-1�76 with the change that for Lots 9 through 11, Block 3, City Viea� Addition, the assessment be reduced by the amount of $816.64 to compensate for the work that was dene in 1971. Seconded by Councilwoman Kukoa�ski. Upon a voice vote, all voting aye, P4ayor P�ee declared the motinn carried unanimously. ORDINANCE NQ 622 = AMECIDING CHAPTER 11, SECTIOPd 11.10 OF FRIDLEY CITY CODE RELATING TO FEES: MOTIOtJ by Councilman Hamernik to waive the readinq of the Ordinance P1o. 622 and adopt it on the second reading, and publish. 5econded by Councilman Starwalt. Upon a voice vote, all voting aye, h1ayor Nee declared the r�otion carried unanimously. � i I . � i � , i � �� � � � � � � � i 1 RE�ULAR COUNCIL ME[TI�aC, OF SEPTEMBER 27, 1976 NEW BUSINESS: Page 3 155 CONSIDERATION OF VACATION REQUEST, STREET AND ALLEY VACATION SAV �76-04, BY KAREN MESROBIAN; UNIMPROVED ALLEY BETWEEN LIQERTY ST. AND ELY STREET: Mr. Tom Colbert, Assistant Engineer, stated that this was a request to vacate an alley bounded by Libarty Street, Ely Street, Ruth Street, and Ashton Avenue. At the Planning Commission's meetinq of July 14, 1976 a motion to deny the vacation request failed to pass by a tie vote; and therefore, was brought to the Council's attention with no recommendation from the Plannin� Commission. P4r. Tom Geddy, City Attorney's office, stated that in his opinion if it is just a question of an access to a vacant back yard, it would probably be very marginal as to wMether or not one could collect damages - from the City. Nowever, if the alley is being used to get to the garages and the garages cannot be reached from the street in front of the houses, the City could be liable for damages to the particular property owners involved. Councilman Fitzpatrick then corrmented that in readinq over the minutes befcre the Plannin9 Commission and the hearin� that was had before the Council and the letters that were received, he was convinced that a number of people use the access in question and it was in existence as such when they arranged their habits as far as access to their property. MOTION by Councilman Fitzpatrick to deny the petition to vacate the alley. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIUIfdG THE MIP�UTES OF TNE PLAf�fJING C0�IMISSTOM P1EETIPIG OF SEPTEP1BER 8, 1976: GORDOPi ASPENSOPJ, ZONIPdG ORDIPlANCE AP1ENDf1ENT 7_OA �7E-On; 65��1 2�1D ST. Pl.E.: MOTION by Counci]man Nar�ernik tc set the nub;ic hearina for flc,vember 8, 1976. Seconded by Councilwoman Kuko�•�ski, Unon a voice vote, a11 votin� aye, ftayor Flee declared the motion carried unanimously. Councilman Hamernik asiced t1r. Asoenson if he had any questions, and he did not. Councilman Hamernik also asked if he was aware of the nublic hearinn set for PJovember 8, and he was dware of sucn hearinn. KEflNETH 6ELKNOLM, SPECIAL USE PER�IIT SP #76-13, 587Q 6TN STREET: Mr. Tom Colbert, Assistant Enqineer, stated that this vras a request for a special use permit for a second accessory buildina located at 5870 6th Street. This request was before the Plannina Commission on September 3, 1°76 and it was approved by them. Mr. Belkholm :��as in attendance however, he did not have any questions regarding this. P10TION by Councilman Hamernik to concur with the recoem�endation of the Planning Commission and nrant the special use permit. Seconded b,y Councilwoman Kukowski. Upon a voice vete, all votina aye, Ptayor Piee declared the motion �arried unanimously. FI�JE ARTS COCIP1TT7EE REOUEST FOR �1 ,000: Ms. Jan Konzak, Administrative Assistant, staied that as the bud�et presently stands, there is $3,000 provided in Gommunity Development for community service needs, and $5,000 provided in Parks and P,ecreation for recreational/cultural needs; neither figure has been delineated. She further stated that the recommendation for $1,000 Fine Arts funding came fror� the Human Resources Comnission and was anproved by the Planning Commission. The Human Resources Commission discussed nri�rities for cor.imunity needs by usin� the $10,000 finure to break into percentaoes. They also did discuss the �1,000 for Fine Arts and, the Planninn Commission recor.xnended that. Councilman Starwalt stated that the recomr+endation did not cor�e fror� the Parks and Recreation Corimission, and he believe that they shauld be involved in discussion on this request. Councilman Fitzpatrick stated that he v�as in favor of the $1,000 beinc� provided from a�herever the Administration recommends. Playor Plee asked if there was a need to identi�fy it as a line iteM and '1s. Konzak responded that she believed there was since it is just �5,000 that has been set aside within that budget with no certain area earmarked. � j MOTION by Councilman Starwalt that a line item be established in the Parks and ! Recreation budget for Fine Arts in the amount of o-1,�0�. Seconded by Councilr�an � Hamernik. Upon a voice vote, all votinn aye, �lavor Plee declared the motion carried , unanimously. � i ► 156 REC,ULAR COU�JCIL MEETItlG OF SEPTEPIBER 27, 1976 Page 4 ' DFL REQUEST FOR USE QF CQ�1l10PJS PAP,K OtJ OCTOBER 23, 1976: ! b1r. fiarvin Brunsell said that he had received a cali and this request had b2en 1 withdrawn. IMOTION by Councilwoman Kukowski to concur with the request for withdrawaT. Seconded by Councilman Starwalt. Upon a voice vote, all voting a,ye, h1ayor P�ee declared the motion carried unanimously. MOTIOP! by Councilwoman Kukowski to receive the rninutes of the Planring Commission meeting of September 8, 1976. Seconded by Council;ran Star��ialt. Uoon a voice vote, � all voting aye, P1ayor Nee declared the motion carried unanimously. � ; RECEIVIPJ6 THE P1IPlUTES OF THE POLICE CIVIL SERVICE C0�9P1ISSION �tEETING OF SFPT[P1BER i5, 1976: ftOTI0P1 by Councilwoman Kukowski to receive the ;��inutes of th� Police Commisston. . Seconded by Councilman Hamernik. Upon a voice vote, a11 votinn aye, P1ayor Nee declared the motion carried unanimously. RECEIVINC, THE PIIPJUTES OF T�IE CHARTER COF111ISSIOtI P1EETIPlG OF SEPTE!16ER 20, 1976 REGARDIPdG PROPOSED P1Ef�DP1EPJT T SECTION 5.03 OF THE FRIDLEY CHARTER 11PID SETTItJG PUQLIC HEARING t10TI0tJ by Councilman Fitzpatrick to receive the minutes of the Charter �omr,�ission meeting of Set�tember 20, 7976. Seconded by Councilwoman Kukowski. Upun a voice vote, all voting aye, r9ayor PJee declared the motion carried unanimously. �40TION by Councilman Namernik to set a public hearinR for October 18, ]976. Seconded by Council�rroman Kukoarski. Uoon a a:,zce vote; all voting aye, tlayor Nee declared the motion carried unanimously. COP�SIDERATIOPJ OF A RESOLUTIOhJ COPJFIRMING ASSESS�1E�lT FOR TNE T°EATPiEPlT AP1D REtitOVAL OF TREES 1976 : MOTION by Councilwoman Kukowski to table consideration of the resolution until the next re�ular meetin� of October n, 197b. Secorded by Councilr�an Hamernik. Upon a voice vote, all voting aye, �tayor Plee declared the motion carried unanimously. RESOLUTIOtI 1J0. 99-]976 - AUTHQRIZIflG APID DIRECTIt1G TNE SPLITTI�lG OF SPECIAI ASSESS�1EPl7S Otd PART OF LOT 4, BLOCK 2, PARCEL 50, EAST RAfICH ESTATES 2PlD ADDITIOtI: MOTTON by Councilman Star��ralt to adoat Resolution PJo. 99-1976. Seconded by Councilman Hamernik. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimousTy. RESOLUTIOP! tl0. 100-1976 - AUTHORI7.I�!(; �iPdD DIRECTING THE C0�1BINIPJG OF SPECIAL ASSESSMENTS � �10TION by Councilman fitzpatrick to adopt Resolution Na. 100-1976. Seconded by i Councilwoman Kukowski. Upon a voice vote, all votin� aye, P1ayor Plee dec1ared the rotion ; carried unanimously. � CLAIMS: MOTIOPd by Cauncilman Namernik to pay the Claim PJo's. 16837 -]7076. Seconded by � Gouncilwoman Kukowski. Upon a voice vote, all voting aye, Ma.yor Mee decTared the motion carried unanimously. LICEP�SES: ; MOTION by Councilwoman Kukowski to approve ihe Ticenses as subr�itted and as on fiTe i in the License Clerk's Office. Seconded by Councilr�an Starwalt. Upon a voice vote, 1 all voting aye, Playor flee declared the motion carried unanir�ously. Councilman Hamernik aske� if a license has been issued with re�ard to A P� a Chuck 4Jagon, and Mr. Brunsell responded that he was not certain Hihether one had been issued. 1 � � � L� � ' � � ; REGULAR COUNCIL MEETING OF SEPTEr16ER 2T, 1976 Page 5 ��� COMMUPJICATIONS: � MINNESOTA HISTORICAL SOCIETY: FINAL DETEW1ItlATION OF PARK DEVELOPt1ENT PLAPI STATUS: MOTION by Councilman Fitzpatrick to receive the communication dated September 13, 1976. Seconded by Councilwoman Kukowski. Uoon a voice vote, all votino aye, Mayor Plee declared the motion carried unanimously. IRECEIVING PETITIOP� N0. 15-1976 - RESIDE�lTS OF HILLCREST DRIVE REQUESTING A STREET LIGHT � AT THE TOP OF STRE T: MOTION by Councilwoman�kowski to receive Petition No. 15-1976 for�5treet linht. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 16-1976 - FOR ST�P SIGNS BETWEEN HIGHWAY 65 AND MONROE STREET N 68TH AVENUE N.E.: - MOTION by Councilman HamernikK to receive and process Petition No. 16-1976 requesting stop signs.* Seconded by Councilman Starwalt. Uuon a voice - vote, all votinq aye, Mayor Nee declared the motion carried unanimously. . ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meetinn. Seconded by Councilman Hamernik. Upon a voice vote, all votin� aye, flayor Plee declared the motion carried unanimously and the Regular Meetinq of the Fridley City Council of September 27, 1976 adjourned at 8:41 p.m. Respectfully submitted, Dorothy Green Council Secretary 4li l l i am J. Plee Mayor Approved: 10/25/76 (as amended) *as amended on 10/25/76 L, � ; i , I i � I r �M�MO T0: DEPARTMENT HEADS '� Follawing are the "ACTIQNS fdEEDED" by the Administration. Please have your answers back in the City Manager's office by Wednesday Noon> October 6, 1976 � Thank you. _ FRIDLEY CITY COUNCIL — REGULAR MEETING SEPTEMBER 27, 1976 — 7:30 P, M. � 7:40 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: All Present APPROVAL OF MIIdUTES: REGULAR {��EETING, SEPTEMBER 1'�, 1976 � Amended in two places: Page 1, Motion under Open Forum, last three words shoul� be, "not being disbursed". On Page 2, top paragraph, change the name Mr. Doyle M 11' � Mr Jack V jn, ��CITY MANAGER AC������������al minute book as corrected : � i �� :� �� �_ I � Agenda adopted with two additions: Receiving Petition �?5-1975 for street light on Hillcrest Drive Receiving Petition #16-1976 for stop signs between HY.65 and Monroe St. on 68th Avenue N.E. OPEP� �ORUM, VISITORS: CONSIDERATION OF ITEMS NQT ON AGENDA — IS MINUTES PUBLI C HEARI ��G : PtlBLIC HEARING ON ASSESSMENT FOR THE TREATMENT AIVD REMQVAL OF TREES (1976) � . � � . . � � � � . � � � � . � � 1 — 1 B Public Hearing closed. Resolution confirming tabled to next meeting. FINANCE NO ACTION fdEEDED (See Item 8) , � � '� � FIIYANCF � REGULAR MEETING, SEPTEMBER 27, 1976 PAGE 2 OLD BUS I idESS ; CONSTDERATION OF A RESOLUTION CON�IRMING ASSE5SMENT FOR ST, 19%6-1 STREET IMPROVEMENT �ROJEC7 �TABLED � 9/20/76 ) . � , . , , , , � , , , , , , , , , , , , , , , , , 2 — 2 D Resoiution No. 98-1976 adopted with change to Lot 9 through 11, Block 3, assessment be reduc�d by $816.64 to compensate for work done in 197i. ACTION NEEDED: Change assessment roll as direc�ed and process resalu�ion ' CONSIDERATION OF SECOND R�ADING OF AN ORDINANCE � . AMENDING �HAPTER ll, SECTIOPJ 11.10 aF FRIDLEY CITY CODE RELATIi�G TO FEES� e � � . � � � � . . Ordinance b22 ' CI'fY MANAGER ACTION NEEDED: Publish Ordinance in Fridley Sun ' 0 fdEW BUSINESS: ,..,,,3 � CONSIDERATION OF VACATION REQU�ST, STREET AND ALLEY VACAT I OI�! SAV tt�6-O4, BY KAREN I�ESROB I A�1; UN I NfPROVED IALLEY BETWEEN LIBERTY ST. AND ELY STREET. .���...���i - 4 B Request Denied :� ENGINEERING ACTION NEEDED: Notify petitioner of City Council action , � 1 ' � � 1 1 � r ENGINEERING , REGULAR MEETING, SEPTEMBER 27, 1976 i`dEW �US I NESS (COPJT I NUED) PAGE 3 CONSIDERATION OF PLANNING COMMISSION MINUTES FOR MEET I NG OF SEPTEMBER 8, 1976 , , . . � � . . � � � . � � .- � 5 - 5 GG l� GORDON ASPENSON, ZONING ORDINANCE AMENDMENT ZOa �r�6-��; 6500 2ND $T. I� � E. , . � . � . , , , 5F - 5G PLANNING COMM� REGOMMENDATION: APPROVE & 5Y ��Ol1NCTl ACTION REQUIRED: SET PUBLIC HEARING FOR �OVEMBER �, 1976 � Public Hearing set ACTION NEEDED: Make necessary arrangements for Public Hearing on November 8, 1976 , Z� KENNETH BELKHQLNi, SPECIAL USE PERMIT SP �%6- 13, 5870 6TH STREET � � � � � � � � . � � � � � PLl�NNING COMM� RECOMMENDATION: APPROVE (:nurvGIL ACTION REQUIRED; CONSIDERATION OF ' RECOMMENDATION Permit approved ENGINEERING ACTION NEEDED: Inform petitioner of City Council approval _ � � � , , � �CITY MANAGER , � 5G - 5I � &5Z-5AA 3� FINE ARTS COMMITTEE REQUEST FOR $IOOO� ��,� 5R PI ANN I NG COMM � RECOMMENDAT I ON : APPROVE & 5BB - 5DD COUNCIL A TIDN REQUIRED: CONSIDERATION OF RECOMMENDATION Request approved ACTION NEEDED: Notify Fine Arts Committee of approval. City Council made this item a special line item on the budget for i977 � , ''1 ' , � ITY MANAGER � � . � 1 FINANCE � �� � REGULAR MEETING, SEPTEMBER 27, 1976 PAGE 4 NEW BUSINESS (CONTINUED) �PLANNiNG COMMISSION MINUTES CONTINUED) 4� PARK & RECREATION COMMISSION I�IINUTES ITEM: DFL REQUEST FOR USE OF COMMQNS PARK ON OCTOBER 23, 1976, , , � . , . , , , , , , . PARKS & REC COMM � RF�Q�MENDAT I ON ; GRAt�T REQUEST WITH DEPOSIT OF $IOO FOR CLEANUP COUNCIL ACTION REQUIRED; CONSIDERATION OF RECOMMENDATION This reguest was withdrawn NO ACTION NEEDED � � 5EE - 5GG RECEIVING THE ��IINUTES OF THE POLICE CIVIL SERVICE �OMMISSION MEETING OF SEPTEh1BER l�, 1�76� � � � � � � � � � 6 Minutes received ACTION NEEDED: File for future reference RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF SEPTEMBER ZO, 1g%6 REGARDING PROPOSED AMENDMENT TO SECTION ��03 OF THE FRID�EY CHARTER AND SETTING PUBLIC iiEARING DATE FOR �CTOBER Ig, 1976� � � � � � � � � � . � Minutes received. Public Hearing set for October 18, 1976 ACTION NEEDED: Make necessary arrangements for Public Hearing .7-7F t� _� F-INANCE � , � 1 �J , FINANCE � � � � � FINANCE � � i REGULAR MEETING, SEPTEMBER 27, 1976 NEW BUSINESS CCONTINUED) PAGE 5 CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES (1976)� �.�. .�� S-� A Resolution tabled to Meeting of October 4, 1976 ACTION NEEDED: Put resolution back on next agenda CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF Lo-r 4, BLOCK Z, PARCEL 5O, EAST RANCH ESTATES ZND ADD ITI ON � � � � � � � . � � � � � � � . . � � � 9 - 9 A ~ Resolution 99-1976 ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 5 AND C, PARCEL $�S; LOTS % AND $, PARCEL $9O; LOT 9, PARCEL 895; AND LOT IO, PARCEL 900, BLOCK E, RIVER VIEW iiEIGHTS ADDITION� . � . � � . � . . � � � . . . 10 Resolution 100-1976 ACTION NEEDED: Proceed as authorized V !. I�� ' , FINANCE ' � � FINANCE � � _ NATURALIST ' � ENGINEERING � ,ENGINEERING POLICE �� ��� REGULAR MEETING, SEPTEMBER 27, 1976 PAGE 6 NEW BUSINESS (CONTIPJUED> �LAIMS. � � � � � . � � � � � � � � � � � � � . � . � � � , 11 Approved ACTION NEEDED: Pay claims as approved LICENSES� � � . � � � � � � � � � � . � � � � � � � � � � � IZ — IZ C Approved ACTION NEEDED: Issue licenses ,• . COMMU►VICATIONS: MIfVNESOTA HISTORICAL $OCIETY: FINA� DETERMINATION OF PARK DEVELOPMENT PLAN STATUS, � � � � � � � � � � . . � 13 Received NO ACTION NEEDED RECEIVING PETI7ION N0. 15-197G - RESIDENTS OF HILLCREST ORIVE REQUESTING A STREET LIGHT AT THE TOP OF STREET ACTION NEEDED: Research feasiblity of street light at this location RECEIVING PETITION N0. 16-1976 - FOR STOP SIGNS BE7WEEN HIGHWAY 65 AND MONROE STREET ON 68th AVENUE NQRTHEAST ACTION NEEDED: Research feasibility of stop signs at above location ACTION NEEDED: Stricter enforcement requested in area A , . ' 1 1 � � � ���. � � ; ' ' 1 1� I�/ I, � � i / ' �11' • • � � .� � / �`� � � � .,. .� .�� �,. � 1 _ � ._ .. . � 11. , �.� • � ' r / �.�. . 1_�_:�. .� � .� , �� . i , .. _ . !�r� � , i. i _. / � �`i�►.��i��r-..� � , - . „ `/.�%��.:�� - ��� /.�.///..� �ii''��../ y I� � l'.I � � a /__ , ;�%J �� . ` � � � �� � , s�.i.>i _ _hu,:�. ii. i",st i� � . ,l�L.ta[ a �i/ /% --./ --►j�� " , , � r i , :� �%/_ '� __ ' . -� �is_ - ��- _.� . , • ,- .� � , � � � � � 135 � 1 ; TFIE MINUTES OF THE REGULAR PIEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEPI6ER 13, 1976 , The Regular Meeting of the Fridley Citv Council of September 13, 1976 was called to l order at 7:40 p.m. by Mayor Nee. ' ' PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in sayinn the Pled�e of Allegiance to the Flag. ROLL CALL: �4EMBERS PRESENT: Playor Nee, Councilman Hamernik, Councilwoman Kukov�ski, Councilman Starwalt, and Councilman Fitzpatrick. ; MEMBERS ABSENT: None APPROVAL OF MINUTES: � REGULAR COUNCIL MEETING OF AUGUST 16, 1976: � MOTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of August 16, 1976 as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: � MOTION by Councilman Hamerniic to adopt the a�enda with the addition of receivinq a communication from School Gistrict #11 reqarding meeting on Utilization of Conm�unity � Service Levy. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: ' Mr. Vern Moen, Chairman of the Board of Springbrook Park Nature Center, 7154 N.E. Riverview Terrace, addressed the Council and stated that he, alon� with others, � were working with Dr. Dan Nuff and more help was needed. The additional help, as he understands it, would come from several CETA employees at no additional cost to the taxpayer; and at this time, he would ask the City Council for permission to be granted for Dr. Huff to use these people at his discretion. Councilman Starwalt then asked the staff if a letter from the State Senators was on file with the City indicating that it would be lawful to do what was proposed. �1r. Moen stated that ' Dr. Huff believed he could document this. MOTION by Councilman Fitzpatrick that CETA employees, as they are available at the discretion of Dr. Huff, are to be used under his direction. Seconded by Council- woman Kukowski. Councilman Hamernik then raised the question rec�ardinn the ethics � of City funds being used in the Plorth Park area. Councilman Fitzpatrick then commented that the concern here is whether or not City funds are bein� disbursed � without being reimbursed, and he felt that City funds are ^beina disbursed. ! Councilman Starwalt questioned the appropriate use of peop e being used under the � CETA program as well as the North Park proposal and that there were other sections of the City that could use more attention. Councilman Fitzpatrick stated that he had Dr. Huff's recommendation that these people do have the time to work at both North Park and on the CETA projects. Councilman Starwalt stated that he had no such � recormiendation. Councilman Hamernik further commented that there is an aqreement with the Springbrook-Foundation wh2reby City funds will not be used and he believed City funds would be used if CETA people are brouqht in since the grant is for the ' entire City. Councilwoman Kukowski stated that she never believed the CETA funds I were the City's money and that it came from the government. Councilman Fitzpatrick � � 13s REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 PAGE 2 � , r.�U'UF—Ul�����a stated that the assumption of his MOTION was that they are not Fridley tax dollars. Councilman Hamernik stated that perhaps the aqreer!ient should be nullified and approached from a different anqle. Mr.�n�, Ofrector of the Springbrook Nature Foundation commented that the CETA funds are monies to provide jobs and not City services. UPON A ROLL CALL VOTE, Councilman Fitzpatrick votinq aye, Councilman Starwalt voting nay, Co��ncil���oman Kukowski votina aye, Councilman Hamernik voting nay and P1ayor Nee voting aye. Mayor Nee declared the motion carried three ayes and two nays. OLD BUSINESS: CONSIDERATIOP! OF A REQUEST FOR VAP.IANCES TO ALLOPf FRONT YARD PARKIR'G AT 390 AND �CI111VIV ttl'?-17/O Jlnitivli InC rnvr�rti� ��•u��n� nn� iw vuu��iavn.� iv iii� �ni�ia OFF-STREET PARY,ING IN THE FRONT OF 380 57th PLACE N.E. AND 390 57th PLACE N.E.: Mr. Dick Sobiech, the Public l�lorks Director, stated that this uias initially a request for a variance to allov� parkinn in the front yard and encroachin� in the public right of way. He further stated that the matter was heard before the Apneals Commission and approval of the request was recommended to the City Council. Mr. Sobiech then asked if the petitioriers were present to discuss the matter. Mrs. P1ary Johnson, 621 Bennett Drive M.E., Fridley, ovm er of 380 57th Place P�.E., then commented that she did meet with the inspector on Thursday, September 9, 1976 and the alternatives as drawn up by the Appeals Corunission were discussed, and at present are not a�orkinq out well. They still do not have enouan aarking places. She further stated that she and f1rs, fieururer, the owner of 390 57th Place FI.E., obtained a petition sigred by all the neigh?�ors, a�ith one exception. She then proceeCed to shov� tfie petition to the City Council along with Mrs. Neururer, 6501 7n2 Avenue North> �4innear�ol i s. �10TIOf! by Councilman Hamernik to receive Petition �1�-1976 on this matter. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, P1ayor Nee declared the motion car�ried unanimously. After some discussion, Councilman Hainernik stated that he would not like to see oarkinc on the boulevards and that perhaps b� �rantin� this request, a precedent ,vould be set and theret� allo��ing the possibility of similar requests in the future. Councilvioman Kuko�•�ski then stated that she talked with the neiahbors and there was no problem. f1r. Alex Barna, Anpea�s Commission, stated that this �nas a very unique circumstance and it vaould not be settin� a nrecedent, and that the two huildincis in question should be looked at as one situation only. Councilman Har�ernik then questioned the pr•oblem of snow removal and !1rs. tleururer stated that the drive- ways are always plov�ed and there has never been any snow bu91d-up. P1ayor PJee then asked P1rs. Ptary Johnson if she was aware of the five stipulations placed on the premises by the Ap�,eals Commission, and she responded she was. MOTIO�! by Councilmar. Flar.iernik to concur with the recommendations of the Apneals Commission including the stipulat)ons one throuah five to orant the special use permit. Seconded by Councilwoman Kukowski. Unon a voice vote, all voting aye, �1ayor Nee declared the motion carried unanimously. COPJSIDERATIOP�! OF A R.EQUEST FOR VARIANCE TO ALL04! FROPIT YARD PARKIf�G AT 106 77TH �IA�Y f•!. E. ,� BURKFIOLD R aLED 8 16 76 : r Mr. Dick Sobiech, Public Works Director, discussed the matter stating that originally he thoucthtnerhaps an aareement could be worked out with the property owner and Barry Bloarer Company, whereby a portion of the Company's parking lot could be utllized. "1r. S�biech then made reference to a letter from the Barry Blower Compar.y stating that �he Company's main concern wouid be the problem of their emp]oyees parkinn lot beina utilized by others and the dissatisfaction this 4rould create among them; and therefore, deciined to oet involved in an aareement with the property owner of the apartment buiiding. Nr. Sobiech then asked if f1r. Burkholder was {�resent and there 4ldS no response. D10TIOPd by Councilman F�tzpatrick to concur with the unanimous recommendation of the Appeals Coimnission to gi-ant the variance. Seconded b,y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor flee delcared the motion carried unanimously. � -�._ .-� -� , REGULAR COUNCIL' MEETING OF SEPTEMBER 13, 1976 137 PAGE 3 CONSIDERATION OF FIRST READIPdG OF AN ORDINANCE AP1EPlDID16 CHAPTER 11, SECTION 11.10 OF FRIDLEY CITY CODE RELATING TO FEES: Mr. Dick Sobiech, Public Works Director, responded to this matter stating that the Finance Director is basically responsible for Chapter 11. However, most of the special use permit procedures �oes thruuah the Public l�lorks Department. P1r. Sobiech then stated that the special use permit service provided by the City is variable, varyinu in cost from one situation to another. In order to determine the proper fee, an average of a number of actual applications was taken to appropriately determine a fee to charge for this service. Depending upon the circumstances involved in a particular request, it could end up with more or less Staff time in processing the application. However, what was determined was that the special use permit requirement for the second accessory buildinas occurred mainly in residential areas, and in previous cases was basically a second �araqe. Knov�inq it is always a second ctarage and always in a residenY.ial area, this demonstrated to be a more consistent and repetitive type of procedure and did not involve an avera�e determination of time and cost, therefore, knowing also that it did result in a lower amount in cost and Staff time involved in processinn such app]ications. � ' Mr. Sobiech further stated that based on the aforementioned, he felt confident that with the reduction in cost for special use permits for second accessory buildings from $120 to $80, the City's cost would still be covered in processing the applications. He also pointed out 'that based on the City Council's motion at the last meetina, ' , they have begun charging only the 480 fee and a refund was given to a previous applicant who paid the $120 fee in anticipation of the reconsideration of the original fee. , MOTIQN by Councilman Starwalt to waive the readinq and adopt the ordinance on the first reading which amends Chapter 11, Section 11.10. Seconded b;i Councilman Fitzpatrick. Upon a voice vote, ill votinn aye, Mayor Plee declared the motion carried unanimously. i NEW BUSINESS: RECEIVING TFIE MINUTES OF THE PLANNING COPIPIISSIOPI MEETING OF AU�UST 18, 197F: CONSIDERATION OF APPEALS COMMISSION PIINUTES OF AU(;UST 10, 1a76: M& I SUPPLY, 6005 UPIIVERSITY AVEP�UE Pl.E.: Mr. aick Sobiech, Publie Works Director, was called upon by Mayor Nee to discuss the matter. He stated that this was a variance request by M& I Supply located at 6005 University Avenue which consisted of: (l) reduce the rear yard setback from 25' to 10', and (2) reduce the side yard setback from 35' to 17'. It should be noted that the side yard setback is presently existing with the existing structure. He also noted that there was quite a bit of discussion at the Appeals Commission meetin� of Auaust 10, 1976; however, they did recommend to City Council approval of the variance re�uest with stipulations. Mr. Sobiech then noted the stipulations and the expansion plan diagram, which amounted to expandina the buildinq to the east of the present existing structure, and that the rear yard setback variance and the side yard setback variance was needed. Mayor Nee then asked who was present and F1r. Ketroser, Attorney for P9 & I Supply, responded and stated that �tr. Qenson of Shepherd Construction Company and Mr. Holden of M& I Supply were also in attendance. ttr. Ketroser stated that since the matter was considered by the Appeals Commission, more detailed drawings have been made by an architect concerning the proposed construction. To the best of Mr. Ketroser's knowledge, the architect has been in contact with the Engineer's office in Fridley attempting to propose the construction that would comply with ttie requirements of approval by the Appeals Commission. Mr. Ketroser alonq with Mr. Benson and �1r. Holden then proceeded to show several plans to the City Council. After some discussion, Councilman Hamernik raised the question about the concern of the property owner directly behind as to the view he is going to have. �1e. Ketroser stated that this was a comnercial area and that the property owner knew this when he built his hor�e. J .; , I � i � � J �- - ---- - — - - --- - -_ _ _ _. -•--- - - - ---- _ _ _ _--- • - ' � - 138 REGULAR COUNCIL MEETING OF SEPTEPI6ER 13, 1976 PAGE 4 Mayor Nee then asked if Mr. Barker was present or anyone else on this matter and there was no response. Councilman Hamernik stated that although Mr. Ketroser, et al, did a tremendous job in making these plans available to the City Council, he felt that the plans should also be made available to the Appeals Commission for their review in this reqard. P1r. Plasim Qureshi, the City P1ana�er, then suggested that perhaps more time could be �iven in this matter since there were objections at the Appeals Commission level ard the fact that P1r. Barker was not in attendance this evening, in the hope that some type of solution could be reached. MOTION by Councilman Hamernik to table this matter until the meeting of September 20, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. FRIDLEY MEDICAL CENTER, 7675 P1ADISON: Mr. Dick Sobiech, the Public Works Director, led the discussion and stated that this was a request by the Fridley P1edical Center for variances to the rear yard and front yard setback in order to allow expansion to an existinq building. He then made reference to a dianram on the easel. Ms. Vivian Linquist, Administrator, Fridley Medical Center, then addressed the City Council. She commented that Dr. Herb Strait could not be present as he was called away on an emergency. Ms. Linquis± continued that the apartment buildinq was south and east of their present buildinq and that there was an empty lot between buildings. P4r. Sobiech stated that the Appeals Commission did recommend approval of the request at their August lOth meetinq. P1s. Linquist proceeded to show a survey sheet to the City Council. MOTION by Councilman Hamernik to coneur with the recommendation of the Appeals Commiss�ion and grant the variance. Seconded by Councilwoman Kukowstii. Upon a voice vote, all voting aye, Playor PJee declared the motion carried unanimously. PAKO PHOTO, IPIC., 248 t1ISSISSIPPI ST., SP �70-12: Mr. 4M1ario Fernandez displayed to the City Council a miniature film processing drop-off model structure and stated that the proposed buildinq would be basically the same size as what was there. He further stated that all of the plans have been submitted to the building department and they have reviewed them; and after being in contact with them this date, all that was pendinq was the Council's acting upon this. Mr. Sobiech then commented to the City Council that Mr. Fernandez had agreed to comply with the previous stipulations. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant the special use permit with the five stipulations as specified in the Planning Commission's minutes of Au�ust 18, 1976. Seconded by Council- woman Kukowski. Upon a voice vote, all votinq aye, P1ayor Nee declared the motion carried unanimously. Mayor Nee then asked to take item number 6 out of order, and the remainder of the Planning Commission items were discussed later in the meetina. COPISIDERATIOld OF APPROVAL OF AGREEMENT SETb1EEN CITY OF FRIDIEY/CARLSON/SK�JIN/ AMERNICAN LEGION FOR USE OF PROPERTY AT 7365 CEPITRAL AVENUE Pl.E. CONSIDERATION OF TRANSFER OF LIQUOR LICENSE FOR TNE AMERICAP! LEGION CLUB, 1315 RICE CREEK ROAD TO THE FP.ONTIER CLUB, 7365 CEPITRAL AVEidUE ORDERING PUBLICATION OF ORDINANCE N0. 621 TO APIEMD THE CITY CODE OF TNE CITY OF i FRIDLEY, MIPlhJESOTA 6Y MAKING A CHANGE I^! ZOPII�df DISTRICTS: i - — Mayor fVee stated that handwritten letters were received separately from two property owners adjace�t to the area which letters indicate� that they will permit overfl ow parking in their lots and that it would be in order to receive such letters. I.i�1 REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 PAGE 5 MOTION by Councilman Starwalt to receive the letters from Mr. Walter E. Gustavson and Mr. Everett E. Klucas. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous]y. Mr. Sobiech then proceeded to discuss the matter, statin� that the first item was the agreement of the previous discussion with the property owner and the potential _ renter of the property, the American Legion, regardinq requirements allowing the - American Legion to proceed with their operation. One of the requirements bein9 that the property be rezoned; as it was indicated that with the Le�ion's operation, they would have potentiaily a certain number of people in the C1ub which would exceed the original zoning requirement. Mr. Sobiech also stated that the City Council had approved the rezoning on the second reading and ordered publication upon working out with the American Legion and the owner, an aareement whereby certain improvements would be done and certain parkinq areas would be made. He referred to the final agreement now before the City Council for consideration. Mr. Sobiech suggested that it would be in order to approve the execution of the aqreement on behalf of the City. MOTION by Couneilman Starwalt to enter into the aareement as presented. Seconded by _ Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counci.lman Starwalt to publis� the rezoning Ordinance No. 621. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Flayor PJee decTared the motion carried unanimously. MOTION by Councilman Starwalt to authorize the transfer of the ]iquor license for the American Legion from 1315 Rice Creek Road to 7365 Central Avenue when the ' Certificate of Occupancy has been issued. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, h1ayor Plee declared the motion carried unanimously. � � CONSIDERATION Of A RECUEST FOR TRANSfER OF SPECIAL USE PERMIT SP #'73-14 APID SP #75-24 FOR FAMILY HOMES TO HART CtJSTOP1 HOMES, INC., 7355 T.H. 65: Mr. Dick Sobiech, the Public Works Director, then eicplained that the property has exchanged handssince the previous special use permit approval and the existing petitioner was unaware of the need for a transfer of such a permit. He further commented that the petitioner has been advised of what had been previously approved, and requested from him his understandinq of the previous stipulations. Mr. Sobiech asked if he still wished to proceed, and as noted in the petitioner's letter, he does arish to proceed. Mr. A1van L. Schrader then addressed the City Council and reiterated what was stated in his letter dated September l, 1976. MOTION by Councilman Starwalt to approve the request with the previous stipulations. Seconded by Councilwoman Kukovrski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECESS: Mayor Pdee called a recess at 10:01 p.m. RECONVENED: Mayor Nee reconvened the meeting at 10:15 p.m. RESOLUTION N0. 85-1976 - ADVERTISE FOR BIDS - PACKAGE PROPERTY AND CASUALTY IPlSURANCE: Mr. Marvin Brunse)1, the Finance Director, discussed the matter statinq that we did have several bidders the last time and there was a problem at that time because the bids were either the same or about the same, and P1r. Brunsell was uncertain about this happening again. �. . Mayor Nee then asked P1r. Brunsell if we,periodically, make an analysis of what is needed? Mr. Brunsell replied they do make such an analysis and that this is part of the services of the consultant. A1r. Jim B�ack, 7824 Alden �lay N.E., Fridley, raised the question of how much the City is paying the consultant. t1r. Brunsell responded that it was a modest amount. � i � � i � — - - - - _ --_ _ .— _ _ -- — ---- -- - --- � z4o REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 PAGE 6 � Mr. Black stated that to hire a consultan# was qoing beyond the steps necessary to do , a good job and that the Staff of the City should have someone on a manaqement level I to qualify to do the analysis. ` MOTION by Councilqoman Kukowski to adopt Resolution No. 85-1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. ' ; CONTINUATION OF REC[IVING THE PLANNING COPM1MISSION MIMUTES OF AU6UST 18, 1976: HUP4AN RESO�RCES C0�`1PIISSION 1977 BUDGET REQUEST �,6,000 FROf1 1977 BUDGET FOR HUMAN � DEVELOPMEPlT: - — MOTION by Councilwoman Kukowski to receive the recommendation of the Human Resources Commission. Seconded by Councilman Star�•ialt. Upon a voice vote, all voting aye, Playor P�ee decTared the motion carried unanimously. ASSURANCE MFG. CO., 7753 BEECH STREET, SAV #,76-05: MOTION by Councilman Fitzpatrick to set i:he public hearing on October 18, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planninc� Commission meeting of August 18, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote,_all voting aye, P1ayor �ee declared the motion carried unanimously. RECEIVING THE P1IPlUTES OF THE CABLE TELEVISION t1EETIPJG OF AUGUST 11, )976: P10TTON by Councilman Hamernik to receive the minutes of the Cable Televisicn meeting of August 11, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, t�layor P�ee dec�ared the motion carried unanimously. CON�IDERATIOh! OF INSTALLATION OF STREET LICHT OPl 3RU STREET BETWEEN 53RD AVENUE AND HORIZON DRIVE: � Councilman fitzpatrick led the discussion and made reference to the map stating that at the south end of 51st Avenue and 3rd Street there are two liqhts very close toaether because the intersections are close toc�ether, as well as other similarly specified areas on the map. He further stated that he has ha� stronn requests for this for quite some time. P1r. Sobiech, Public l•lorks Director, then commented that with the leveling off of a dirt pile adjacent to a particular resident's property, the resident called the City and inquried what had happened; and Mr. Sobiech explained that there was going to be construction of single family homes. He sugnested to the City Council that in view of the construction of the sinole family dwellings and with h1rs. Plovak's acknowledqement (the resident), perhaps the matter could be revie�•�ed aaain in six months. Councilman Fitzpatrick agreed with this proposal. P1r. �ureshi, City Mana�er, thus added that if this request is made availabe here, then it must be made available someplace else. MOTTON by Councilwoman Kukowski to table the matter until after the holidays. Seconded by Councilman Hamernik. Upon a voice vote, all votin� a,ye, P9ayor Nee declared the motion carried unanimously. COPISIDERATION OF DELEGATING AUTHORITY FOR GRANTING PERMITS TO CONSUPIE NOPJ-ItdTOXICATING LIQUOR IN CITY PARKS: MOTION by Councilman Starwalt to approve the delegation for granting permits. Seconded by Councilwoman Yukowski. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously. DISCUSSIOPJ REC,ARDIfdG EPJGINEERING STUDY OF RICE CREEK AND LOCKE LAKE: Mr. Nasim Quresh�, City f1anager, made reference to his memo to the City Council; and si:ated if there is the desire on the City Council's part to have a fairly eomprehensive study of the problems and Enaineerinn soluticns, this study will provide it. He said that, basically, everyone knows what the problems are and reasonable Engineerin� solutions alonn with their m�thod of funding the solution, are what is needed. F10TION by Councilwoman Kukowski to a�thorize the City to pur�chase services up to $1,200 for the study of erosion centrol of Rice Creek und Locke Lake. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. i _ _. _ i � ' � � REGULAR COUNCIL MEETING OF SEPTEPI6ER 13, 1976 CONSIDERATION OF APPROVAL OF JOIPJT POWERS AGREE�?EPIT 41ITH THE CITY ?41 � I PAGE 7 � � SPRINC, LAKE ` ING MOTION by Councilwoman Kukowski to approve the joint power agreement with Spring Lake Park. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET TRAFFIC SIGNS, SIGN REPLACEPIENT PROGRAM QID OPEPlING 11:30 A.M. AUGUST 24, 1976 : Mr. Dick Sobiech, Public Works Director, stated that it is recommended that the contract be awarded to the low bidder, that being Lyle Sinns, Incorporated. MOTION by Councilwoman Kukowski to award the contract to Lyle Siqns, Inc., in the amount of $22,064.10. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COP�SIDERATION OF APPROVAL OF A SIGN TO BE INSTALLED BY THE NATURALIST DEPARTMENT, 'WEST MOORE L KE DUNES NATURAL HIST RY REA : MOTION by Councilman Starwalt to approve the sign. Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, Playor Plee declared the motion carried unanimously. RESOLUTION N0. 86-1976 - ORDERING PRELIMIPIARY PLANS, SPECIFICATIOPlS APID ESTIP1ATES OF THE COSTS THEREOF: STREEI I�1PROVEMENT PROJECT ST. 1977-1 AP�D ST. 1977-2 P1SAS): Mr. Dick Sobiech, Public Works Director, stated that they were resnonding to a petition from some of the property owners. He further stated that the resolution allows Staff to prepare a preliminary report outlining the construction costs involved in any of the improvements, and any and all fees involved in this; and that a preliminary report would be furthcoming in approximately three to four weeks. MOTION by Councilwoman Kukowski to adopt Resolution PJo. 86-1976. Seconded by � Councilman Hamernik. Upon a voice vote, all votin� aye, Mayor Plee declared the motion carried unanimously. RESOLUTION N0. 87-1976 - TRANSFERRING EXPENSES FROP1 SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT N0. 119 TO THE ST. 1976-1 STREET IMPROVEPIENT PROJECT: MOTION by Councilwoman Kukowski to adopt Resolution No. 87-1976. Seconded by Councilman Hamernik. Upon a voice vote, all votin� aye,Ma,yor�lee declared the motion carried unanimously. RESOLUTION N0. 88-1976 - CANCELLING SPECIAL ASSESSPIENT Pl�Yf1ENT DUE IP! 1971 ON PARCEL 20, N.34.68 ACRES OF NE', OF SECTION 3: Mr. Marvin C. Brunsell, Finance Director, stated that the resolution would authorize the County to clear the assessments from their records, which assessments have already been paid by the C�ty. MOTION by Councilman Hamernik to adopt Resolution No. 88-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all votinq aye, Playor Nee declared the motion carried unanimously. RESOLUTION tr0. 89-1976 - DIRECTIPlG PREPARATIOPI OF THE FIPIAL ASSESSPIEPJT ROLL - TREATMENT AND RE�IOVAL OF TREES 1976 : MOTION by Councilman Starwalt to adopt Resolution No. 89-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. RESOLUTION N0. 90-1976 - DIRECTING PUBLICATION OF HEARIPdG ON THE PROPOSED ASSESSMENT ROLL FOR HE TREATMENT AND REMOVAL OF TREES 1976 : MOTION by Councilman Hamernik to adopt Resolution No. 90-1976. Seconded by Council- woman Kukowski. Upo;i a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � i , 142 E ; � REGULAR COUNCIL MEETING OF SEPTEP1BER 13, 1976 ; . � I! PAGE 8 ' LUTIOPJ NC. 91-1976 - PIAKIPIC, A TRANSFEP. FROM THE PUBLIC UTILITY FUND TO 4!FlTER WFR RFVFPJIIF R Nfl FIINII_ bl-7F LIATFR 41f1RKC TMPRMIFt1FNT �nran FIIMfI IJ�TFR_ � MOTION by Councilwoman Kukowski to adopt Resolution No. "1-1976. Seconded by Councilman Namernik. Upon a voice vote> all votina a,ve, P1ayor ^lee declared the motion carried unanimously. RESOLUTION N0. 92-1976 - AUTFIORIZIDlG AfID DIRECTIPlG THE SPLITTIPdG OF SPECIAL ASSESS- MFfdTS OM P.R� CEC P25, A�'OITOR S SUB. N0. 92, P.PlD REPL TTIfJG IflTO Z ND�'S 1ST ADDITION: MOTION by Councilman Starwalt to adopt Resolution No. 92-1976. Seconded b,y Councilwoman Kukowski. Upon a voice vote, all votin� aye, t1ayor Nee declared the motion carried unanimously. � RESOLUTIOfJ N0. 93-1976 - AUTHORIIIMC, APlD DIRECTIMG THE SPLITTIPJG OF SPECIAL AS5ESS�1EfJTS_ Ofd THE i�J. 162.24' OF LGTS 4, 5 AfID 6, BLOCK 1, PARCELS 170, 210 AND MOTIOPJ by Councilwoman Kukowski to adopt Resolution PJo. 93-1976. Seconded by Councilman Hamernik. Upon a voice vote, all votinn ave, P4ayor Nee declared the motion carried unanimously. P.ESOLUTION N0. 94-1976 - AUTHORI7.ING AND DTRECTIPJG THE SPLITTIPIG OF SPECIAL ASSESSMENT MOTIOfJ by Councilman Fitzpatrick to adopt Resolution Pio. 94-1976. Seconded by Councila�oman Kukowski. Upen a voice vote, all votinn aye, �1ayor P�ee declared the motion carried unanimously. P.ESOLUTION N0. 95-1976 - AUTHORIZIPlG APlD DIRECTIPIG THE SPLITTIP�G OF SPECIAL ASSESS- f1ENTS (lM PARCELS 5160 AND 5230, AUDITOR'S SU�. `77 REV APID P,EPLATTING INTO 41FP�PTV.CFPJ Af1f11TTf1PJ• P�lOTIOf! by Councilman Fitzpatrick to adopt Resolution Plo. 95-1°76. Seconded by Councilwoman Kukowski. Unon a voice vote, all votinn aye, tlayor PJee declared the motion carried unanimously. CI_AIf iS : PtOTIO�J by Council�•�oman Kukowski to pay the Claim Mo's. 1643� - 16836. Seconded b,y Councilman fiamernik. Upon a voice vote, all voting aye, tiayor Nee declared the motion carried unanimously. ESTIMATES: Allied Blacktop 3601 4£th Avenue North Minneapolis, Minnesota 55429 FIP�AL Estimate �1 for Street Improvement Project $9,841.72 St. 1976-10 (Sealcoat) according to contract NDH Asphalt Co., Inc. 5d00 Pl4r' Industry Avenue Anoka, t1innesota 55303 PARTIAL Estimate #3 for Street Improvement Project �7,279.95 St. 197%-1 Weaver, Talle & Herrick 6275 University Avenue PJ.E. Fridley, Minnesota 55432 For Services Rendered as City Attorney for August, 1Q76 $1,150.00 , , , ' ' � ' � , ' S , , ' � , 1�3 REGUlAR COUNCIL MEETINC OF SEPTEPI6ER 13, 1976 PAGE 9 Smith, Juster, Feikema Suite 1250 Builders Exchange Building Minneapolis, P1innesota 55n02 For Serv�ces Rendered for Prosecution Work for Aunust, 1976 �1,�458.75 MOTION by Councilman Hamernik to apnrove the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voi:in� aye, ttayor Nee declared - the mot'on carried unanimously. LICENSES AND CONSIDERATION OF ORDIPIANCE ENTITLED "SEXUAL COPIDUCT": MOTION by Councilman Hamernik to approve the licenses as submitted and on file in the License Clerk's Office, �yith the exception of the Cantabury Pub's licenses which are to be tabled to the next meetinn. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. P10TION by Councilwoman Kukoviski to entertain the consideration of an ordinance pertaininv to the renulations prohibitinn certain sexual conduct in premises licensed to sell intoxicatinq liquor and non-intoxicatin� malt liquor. Seconded by Ccuncilman Hamernik. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to waive the readinn and adopt the ordinance upon the first reading establishir�g Chapter 607 to the fridley City Code entitled "Sexual Conduct". Seconded by Councilman Hamernik. Unon a voice vote, all votinq aye, Mayor P;ee declared the motion carried unanimously. RECEIVI�lG COh1MUNICATI0P1 FR0�1 SC�'�OL DISTRICT N11 REGl1RDI�lG P1EETIh!(; ON UTILIZATIOW OF C0�1h1UNITY SERVICE LEVY: Councilwoman Kukowski volunteered to attend the meetin� as a representative of the City Council. Because it is on the same eveninn as the next Council meetinq, she may arrive at the Council meetinn a little late. ADJOURNtdENT : MOTION by Councilwoman Kukowski to adjourn the meetin�. Seconded by Councilman Hamernik, Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the Regular t�leetin� of the Fridley City Council of September 13, 1976 adjourned at 1:01 a.m. Respectfully submitted Dorothy C. Green 4Ji11 iam J. Plee Council Secretary Mayor Approved:_ i � � , , I � � � - - - � " 1 MEMO T0: NASIM QURESNI, CITY �1A�AGER, ANO CITY COUNCIL FRO�: MARVIN C. �RUNSELL9 RSSTo CITY MGR/FIf�� DIR. SUBJE�Ta FINAL ASSESSMENT �OLL FOR ThE TR�AT���T RNR REPdOVAL OF TREES (1976� DRT�� SEPTEMS�R 22s 19i6 The cha�ges made u�der this assessmen� �ol] ar� mad� ur,der the authori�y provided �n S�atc S�atutes Chapter 18.023 an� �i�Gy of Fridley O�Rdinance No. 56Ro . Ther�� is �$25o0G �dministrativ� char�� added ta �a.ch parcel ai' land. Thi s�ss�ssmenf. �� � i r°�r� fio� �ti �� Y���� �� s�v� n�nu c�ne--ha� f(%,) per��nt i ni�er�est per annum, � . . . . . _ 'AL . . .. . The rol� incl�ades��ork done in th� 1a�ter part a� 1975 and the work d�ne in 1�76. � The Na�uralist Departmen� �ent bii7s ta �he o�ner�� ofi praperi,� for th� wark done in 1975o This billin� was done in i975. �`h� Naturalist Department also sen� au� biils for a1l�work done in i976o � CITY OF FRIDLEY ���A ANOKA COUNTY, MINNESOTA � i I � � NOTICE OF HEARING OF ASSESStqENT FOR TREATMENT AND REMOVAL OF TREES (1976) Notice is hereby given that the Council of the City of Fridley will meet at the City Nali in said City on the 27th day of September, 197b a� 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, �o�wit: . TREATf4ENT AND RE��OVAL OF TREES (1976) The proposed assessment roll for each of said improvements is now on file and open to �ub���. inspection by all persons interesteds in the ofi'fice of the Clerk of said Cit�o At said hearing the Council will consider written or aral objeci;ions to the proposed assessments for each of said improvements. The general nature of the improvements and each of them is the treatment or removal of trees located in the City of Fridley� . Lot 1 �3, P�rcel Lot 35, Parcei !ot 6, Block 2 Lot.-13, Block 5 Lot 9, Block 7 Lo� 1, B1ock 2 4750 Auditor`s Sub. #78 2;i60 Audi tor's Sub. #{1 ?_9 Bonny Addition . Brookview Terrace � Lots 16-18, Block 2 N 2 22, al l 23, S 2 24, Block 24 Lots 7& 2, Block 25 � Lot 21, Block 1 Lot i 6, Bi ock 2 Lot 1, Block 2 � Lot 3, Block 2 Lot 4, Block 2 Lot 8, Block 2 � Lot 13, Block 2 Lot Z, Block 3 � Lot 19, BJock 3 Lot 6, Block 7 Lat 1 l, al ock 7 Lot 5, Block 8 � Lot 17, BTock 1 Lot 7, Block 2 Lot l, Block 3 � � ' Lots 10 & ll, Block 4 Lot 23 Lot l, Block 1 Lot 5, Block 2 Carlson's�Summit Manar South East River Estates Hyde Park Hyde Park Hyde Park Innsbruck 5th Innsbruck ath Innsbruck North Innsbruck tdorth Innsbruck North Innsbruck P�orth Innsbruck North Innsbruck North Innsbruck North Innsbruck North Innsbruck f�orth Innsbruck North Innsbruck tdorth 2nd Innsbruck North 2nd Innsbruck ��orth �2nd Lowell Addition Moore Lake Highlands lst Oak Creek Addition • Oak Creek Plat 2 � Page 2-- NOTICE OF HEARING OF TREATMENT AND REMOVAL OF TREES (1976) l B � � � � � � Lot 17, Block ] Lot 3, Block 2 Lot 2, Block 5 Lot 4, Block 7 Lot 5, Block 7 Lot 12, Block 7 Lots 23 & 24, Block 16 Lot 6s B1ock 6 Lot 35, Black E Lot 79 B1ock 3 Lot 27, Block 4 Lot 21, Block 2 Osborne Manor Parkvi ew h1anor Pearson's Craigway Estates 2nd Pearson's Craigway Estates 2nd Pearson`s Craigway Estates 2nd Pearson's Craigway. Estates 2nd Alymouth Rice Creek Terrace Plat 4 Riverview Heights Shaffer's Sub� #1 Shaffer's Sub. #1 Syl van Hi 11 s f'1 ai 3 The area proposed to be assessed for said improvements ar�d each of them is al] that land benefited by said improvements or each of them and is the same as those listed ahoveo Said improvements v�ill be assessed against the properties within ��I�e above notice a•reas. � A property owner may appeal an assessment to the disirict court by serving notice of appeal upon the City Mayor or Clerk �vithin twenty (20) days after adoption of the assessment and filing such notice with the distr�-ict court�within ien (i0) days after service upon �he Mayor or Clerk. PASSED AiJD ADOPTED BY THE CI7Y COUNCIL OF THE CITY OF FRIDLEY TI�IS 13th � DAY OF September S 1976� MAYOR - WILLIANf J . NEE " A7TEST: CI7Y CLERK - Marvin C. Brunsell Piease publish in the Fridley Sun on Septernber 8th and September 15th, 1976. � � �i MEt•10 T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COU�ICIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR/FINe DIRo SUBJECT: COMPLAINT ON 1976-1 STREET ASSESSMENT � DATE: September 22y 1976 - At the Sep�;ember 20th assessm�n� hear�irg a pr�a�e�°�Cy � Place f�artheast re�istered a complaint on hi� s�reet Lot� 9 a 10 ard 11 S E�1 o�k � s Gi �y t►7 e�� Rd� i t.� an � irre is he claims �he pr•�ser�� street impro�emerE� cii� r�ot � across the frant of his property, even thQ�gh h� was distance across the frAnt of h7s proper�y (120'). �' � owner� laca�ed on 57th ass�ssment� he owns basis af his complaint ga all ofi f:h� way char�ed �or the total We concur wi�h his statemento Th� background Gn this ma�f:er is as fc�llows� In 1977, a str�et impr9ov�ment was put in for the loop back on University Avenue. �'��is complainant°s property i� located an th� c�rners or where the loop back makes a turn from the north/sou�h s�reet to i�h� east/west street or 57th Placeo Al�hough, the 1971 �mprovemen� did par�tialiy t�arder an his propertys �� was f�l� a� �ha� �ime tha�G th� amaunt of str�eet paving done under thc� �E97� ��r�ei� Project t��� so small �hat the property in ques�ian sho�ld be �le'�� a�f the roll al�ogethers ar�d ins�ead would b� incluc��d in the,.assessment rQll tp help pay far �.he ba1ance of 57th Plac� when that secti�n Af the ��reet was �mpro��d� Tf�is is what has been done� � ;- :�.� One of �f�e probl�ms 5s �hat9 the ac�ual amount af street installed under the 197.1 Projec� was a�aparently mare than sho�n on �he map given to the Assessmen�G De�ar�ment for asse5sing purposese (See atta�l��ed map for the 197� Street Improvement Pro,jectol 7here also was more str�e� put in «nder the 1g71 Project than shows on th� "as built" plans. This often happenss that is, the tractor will run the s�ree� a Tjt�l� pas� wha� wauTd hav� to have been done in arder f.o make sure tha� there �� � go�d ma�ch �vith the a1d s�reets or wher street had been torn up tc� faci�itat� the s�ree�G �ons�ruc�ions eic. There is a�wa�s sQme averlap k�e�ween pro�ects where �wo �treet projects meet. 7he distance put in im der the o�d stree�. projec� �r the 1971 Str�eet Projects 58 feet. This is by actual measuremen�. This �pparently is more than would have had ta have been dane under �he old projec�s and mor� than shows on the 2 con- e the is map. � We are saying, that an arbitrary decision was made �o include �he portion of the property �n question in the 1976 assessment district, rather than 1971 assessment � district. This would be much like a storm sewer �ssessr�ent where properties c,n the border could possibly be put in one assessment district or the next assessment district. Whether �he Council wants to make some svrt of a compromise on this matter is another question. In any event, part of the street surfacing done under � the old project was merely to make a good match between the two street jobs, and was probably done because the old street was torn up for the 19?1 Street Project. ,� � .� � 2 �1 Page 2-- Memo to City Manager and City Council iSubject: Complaint on 1976-1 Street Assessment � The difference in cost between the two street jobs for the 58' is $91.64. � This is the difference between 1971 and 1976 prices. When one considers the rate of inflation, or interest on money, today's rate is really less than the 1971 rate. � If the entire 58' were left off this assessmen� roil and a new assessment rate were established, the rate per front faot would be $14e15, rather than $14.08. - The side yard rate would increase from $4e20 �o $4.22. The assessment for �an 80' lot would increase $5.60 �or �h� front foot assessmen� and $1.60 i'or - the side yard assessmente These differenc� in rates wouid make up the $8i6.64 charged ta tt�e 58' o A complicating fac�or is that the prop�rty has changed hands since the 1971 Stree� Project was assessed in 1972. Possible alternatives are: a) to leave the assessmeni roll as is b� take th� �816�64 off the 58' and respread this amoun� on the ol:her lots c) gran� a reduction of $9i.64 ar some a�i�er amount on Lots 9, 10 and ils Black 3g Cit� View Addition. � � � � , �. ..� . _ , •� 1 ! f bH �l,G� /f . � � � � � � � • ._ . ; _ _ � .I. •> � •.I1� �� I � •f i ~����•i II ' � �. ��7: - AVE. r�,_E:� . . •" 2 B - i ,. . � _ „ ' � � � �� � �'�� �.� �' ! ' ; .. 2� I J F '�� io i/ .'l i ir'I.f.�:/,t ' � I t � �. f�.' � l l� '.�: i/ � J IN'tc / � �� .�.1... i�r• ��.� I I �_i' �' i ' �i. ' �� �C7 , '� J/c.�!J�.. . � _,,... .;.:.. `►�- �- ' . �" � ' .j -_�. . . ;�. -, ��. � i � i i � � ' l � a •i .'I /J /Q,.�: 2 .i I S � � A // � j•4' f ` •':' ° � \" � I l t ! f � � } � w► � ' �.o�: �d � �i �%i • l ' //'/I�,�I. � �! �1 �•�� \. � I � I � � •LlJit4lAiDi CLfI..il.�:c.C2: :'.i � � • ' �_�. �. , .. .�.�.. -�.. �.ii "rn•ui+r ' ' . . .. � S ..�3 . / :• _ ' A`��.�. . . �- '� t1. _– � . -t�—..-� - � I. ��'� �. .. ` � • .. . , . .. . . . .� . . " s- �' � � . • ' • . � . . L�G�i\D �.. .� �y ( - - -= s .�f � • , . __ :+ . , . ' . � . � �.._.�%°.:�r.G • . . �. . � ;_" ��. � '' �' :i . Street Improvea:ent : �� -�.--•- -i _: � — . . . R`���— � ' •� y: � � . . ♦ � /�' '��:: � . : ��G7f?. . . . ' . � �iFi."' � u.vi • _._>�' .• . .. • . � ` ' K-i'= =l "�'��� �'��,�' ,� `_��-- , � � :.. ..°.`_ _ . . � ' r '�^^� ! � �y— ST. 19%l -4 STREET IMPRO�Ir"ItE��T P.°.OJ�CT $]T!i PLACE� 4T!' STftEET, ?-E,Qj+ OU I cR OR! �lE The front foot assessment rate is $12.$0 per �eot � The side-yard assessment rate is $?_.50 per foot S7Tfi Av�r;UE Lots on north side of 57th �lvenue (rear yards facing street; One-fourth of cost: $3.12 per front foot Lots on south si de of 57th A��enue (1 ot s faci nc� street ) 7hr�e-feurths of cest Front foot assessment rate is $12.5� oer foot Side-yar� assessr�ent rate is $2.50 per foot � � � �- � I � RESOLUTION N0. - i91G RESOLUTTU�� CU(JFIR��II�G ASSESSt�iENT FOR ST. 1976-1 STRECT I1�1PP,OVEI�L1�lT PROJECT 2� BE IT R�SOLVFD by the C�ty Council of the C�ity of Fridley, �4inneso�:a, as follovrs: I� 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for sucl� purpose, calculated the proper amounts to be sp�cially assessed for the ST. 197G-1 STRE�T It�IPROVEfiE1�lT PROJECT In said C�ty against every ass�ssable lat, piece, or parcel of land in accordar�ce 4ri th the provi s i ons of 1 a�r, and has prepared and f i 1 ed ►•ri t{� the Ciiy Clerk tabulated staten�ents in dupl icate sho;��ing tr�e proper descrip�ion of each and every lot, piece, or parcel of lancl to be specially assessc�d . and i:he amount calcuiated against the san;e. 2.' Notice i�as been duly published as required by la��r that this Courcil `r�OUTd � meet in special session at this time and place to pass on the proposed assessment. . � � 3. Said proposed assessment i�as at all times since its fili;ig been open to inspeci;ion and copying by all persons interested, and an opportunity has been given to all interested persons to p7�esent thei►° objections, if any, • t4 such proposed assessmen�, or to any item thereof, and no objections have been filed; except 4. ihe amounts specified in the proposed assessment are changed and altered as fol 1 o���s : 5. Tl�is Council finds that each of the lats, pieces, oi� parcels of land . enumerated in said proposed assessment as altered and n;odified was and is specially benefited by i:he ST. 197G-1 STREET TP1PROI�E��E�T PROJECT � in fihe amount in s�id proposed assessnzent as altered and modified by the corrective roll in the amouni set opposite the description of each such lot, piece, ar parcel of land, and that said amount so set out is hereby �� levied against each of �he respective loi:s, pieces, or parcels of la►�d � therei ri descri bed. 0 � • �� � � PAGC 2-- RESOLUTIOt� P�O. -. 1976 2� 6. Such proposed assessments as altered, niodified, and corrected are affirmed, adopted, and confirmed, and the sums fixcd and named in said proposed assessn;ent as altered, modified, and corrected with the chanc�es and altera- tions herein above made, are affirmed, adopted, and confirmed as the pro{�er special assessments for each of said lots, pieces, or° parcels of land res- pecf.ively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by 1:he City Clerk and filed in his office and shail thereupon be and con- stitute the special assessment for ST. 1976-1 STREE7 I��iPROVCP�1ENT PROJECT 8•: The amounts�assessed against each loi:, piece, or parcel of l�nd shall bear interest from tt�e dai.e hereof until the sa��ie have been paid at the rate of seven and one-hali (7z) per cent per annum. • � �0. Such assessment shall be payable in ten (10) ann�tal installments payable on the 1st day of January in eacl� year, beginning in the year 1977, and continuing until all of said installmeni.s shall have bee�i paid, each installment to be collected ���ith taxes collectible during said year by the County Auditor. The Ci1;y Clerk is hereby direci;ed to make up and file in the office of the County Auditor of Anoka Couni;y a certii-ied si.atemer�t of the ar�,�unt of a1T such unpaid assessm�nts and the amount t�lhich will.be due thereon on th� i st day of Januar,y i n each year. � The moti on for tlie adopti on of the foregoi ng resol uti on iti�as duly seconde:I by Caunci 1 , and upon vote bei ng taken tf�ereo��, 1:he follo���ing voted in favor ther�eof: . and ti�e follo�ving voted against tlie same. PASSED AI�D ADOPTED al' T}iE CTTI' COUNCIL OF TIiE CITY OF FRIDLEY THIS QAY OF --- , 1976. /1TTEST: CITY CLERK hlarvin C. Grunsell MAYOR Wi 11 i am J. f�ee il � � � � 3 ORDINANCE N0. AN ORDIPdANCE At4ENDING CHAPTER 11, SECTION 11.10 OF FRIDLEY CITY CODE RELATING TO FEES TNE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIid AS FOLLOWS: CHAPTER 11, SECTION 11.10 Fees Chapter 11 of the City Code shall be amended by adding the following: Code # Subject Fee 205 S e cial Use Permit 80.00 S ecial Use Pe rmit For Second Accessor Buildin 205 Special Use Perriit 120,00 Al1 Other Special Use Permits PASSED AND ADOPTED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' DAY OF _ , 1976. MAYOR - WILLIAM J. NEE ATTEST: CI Y CLERK - PIARVIN C. aRUPdSELL Fi rst Reading: 9�13/1976 Second Reading: Publish: WiAV6R. TALL[ 8 F16RRICK ATTORNfiYS AT lAW •10 6118T M111N 6T11[[T IINOIU. MINNESOTl1 E61M 4 WEAVER, TALLE & NERRICX Inter-Office Memorandum DATE: Ju1 y 16, 1975 TO: Virgil C, Herrick FROM: Douylas E. Klint SUBJ: ISSUE Must a city pay compensation to those peo�le who oppose vacating an a11ey? LAW Minnesota Statutes S�SOS.I4 is the general statute dealing with the vacation of streets and alleys and provides yeneraZly for the payment of compensation by the persons pet`tioning for the vacation to those persons owning or occupying land who would be damaged by the proposed vacation. The procedure utilized by this statute is judicial through an application tor vacation to the District Court. However, the statute also provides that it's pro- cedure is superseded by any charter provis.ion of any cit� which provides a method of procedure for the vacation of s�reets and public grounds by the munici.,,p,3I authcrities cf �uc17 city. Section 12.07 of the City of Fridley Charter provides the rnethod of vacating streets and alleys within the City of Fzidley, but has no proc�isi.on simi.lar to that of Minnesota Statute §505.14 which requires the payment of com- pensation'to opposing property o�vners who wouZd be damaged by the vacation. However, Article 1, Section 13 of the Minnesota Constitution and it's counterpart in the Federa2 Constituti.on wouZd require the payment of com- pensatioi� to those property owners w;�o wou.Zd be damaged by the vacation. Article 1, Section 13 of the Minvesota Constitution provides: "Private property sha11 not be taken, destroyed or damaged for public vse without just compensation therefor, first paid or secured." The M.innesota Supreme Court has held that this constitutionaZ provision requires the payment of compensatior: to those pr�perty owners who have special property rights in the streats vacatEd as distinguished from the rights in tl�e streets which they en;oy in common with the genexal pab2ic. In Re Hu1Z, 163 hlinn. 439 (1925); Vanderbur.9h v. City of MinneanoZis, 98 Minn. 329 (Z90G), A property owner must st:ffer special irzjury to be en•- title� to comnensation. Merely as a member of the community, a landowne_r has no property in the str-ets in such a ser.se as to entitle him to com- pensation for any injury he may sustain as a resuZt of the vacation of any street in the town where he lives. Id. But, as the adjoining proprietor of land abatting on the portion of the street vacated, he may have a special or peculiar property right in the sireet, which may not be damaged unZess compensation is paid. Sn In Re TIfu11, supra. it is stated: "The nearex ones property is to the vacated portion of a street, the greater is the probability of an ienpairment of its value. Tt is alI a matter of degree. It is hard to determine where public inconvenience ends and special injury begans, but the general consensus of opinion arnong coiirts and textwriters is coz'rectly stated by Mr. Lewis: '...the decisions are almost unanimovslg to the effect tr.at, where a street is vacated one or more blocks awaq from the property of the landowner claiming damages and he has access in all directions to the system of streets, but must make a detonr to reach certain points in the direction of the vacation, and this f.act and the diversion of travel and Ioss of a thorouqhfare depreciates the value of his property, there is no such taking or damages of property as wi13 entit3e him to compensation.' " The Court a2so stated: "Without reviewing the cases, it is safe to say that this much has been settled: The owner of property abutting on a public highway has a special interest in the highway different from that of Che general pahlic, To recover damaqes for the ob- struction or vacation of the highway, it is not essential that aceess to his property has been entirely cut off, but he cannot recover if his only complaint is that he is compelled to trave2 farther or over a poorer road in going to and from his proparty. The owner of la»d to �hich a pvblic higha�ay extends and one whose Iand does not come in contact with the hiqhway occupy different positions. 7f, by the discontinuance of a highwa� running across, along or to the land in question, it i� left abutting upon a cul-de-sac, the vwner is deemed to have suffered an injuzy not cammon to the puhlic. The right to damages is not limited to owners of property frontinq or abutting on the portion of the hiqhway vacated; those whose access to their property has been cnt off in one direction may be placed in a position where fhey become entitled to damages." 4A In Re Nu11, Id at 449. Althouqh the ab�ve quote dealth with damages re- coverable under the common Iaw, the Court he.id that the right to damages as defined by the common 1aw is the same under the Constitution. DEK/jb {�VfiAVE11. TAILH R HfiPRICK 11TTORNEYB AT LAW �1� [/�fT M�IN 6TRE[T ANOKA. MINNESOTA 6E�03 � ; � .�',� ��° 1 `� '�` �?� _�. `� �� . Y �'�� 1 � � :�' � �. �, , . , � , SAV #76-04 � Karen Mesrobian �Vacate the East-West � 12' alley in Block 11 � ;� • Spring Brook Park Addn: � between ly. 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Schnabel)� 5hea Members kbsent: l�one Others Present: Jerrold Boardr�a.n, City I'la.r�r.er ' � , APPRO`Jr PL!1N1�Ii�G COT•�-1IS5ION I��I��UTLS: AU(�:;�'I' 18, 1975 Nc:TTOIvT �y Silea, seconded b�r L�ngen.feld, that the Pl�r,n �r..g CorLmiss�cr. r�inutes of Au�ust 18, 1976 be anproved as t•�ritten. 'Jpon a. voice vote, ull vo�ing a;�e, the moticn carried wza..iMOUSl;�. PUBLIC H��',u7idG: P�'LOi�I.P�G ZE'._�UEST, 70A ;f?�-03, �X EVi,.�.T Re S;r4i':S^��: N.e�.o»e , Loi; lys except ti�e Last 190 feet t;:.ereo�, anci excep� the ;,�:.st �.i ie�t ta�.en for hightiray purposes, irom C-1 (gener�l office a�ad li�:.ited bss�.nesses), r.r.�' the l�T�st 1!�7.7�� feet of Lot 18 from ::-1 (single f�;:r:�ly di•.ellin� areas;, all , in ltudii;or's Subdivision I�;o 129, �o R-�3 (gc:ne?^ul multiple fa�-:�.?y �welli.n�s) to allow a condor.iinium-t;rpe development, the s�tae being located ai; the intersection of Central Avenue and 73rd Avenue i�.E. � � , '� Note: See copies of a public hearin� notice fcr a variance request to Ue heard by ttie Appeals Co,�^ussicn on Septer;ber 15, 1975, and for a Prelimi.nar�* plat to �e presented to the Pl a.rtning Commission on September 22, 1976. � Mr. Evert R. S��anson, property o�mer; r7r. 1!lbert }ioffrneyer, arci�itect; and Mr. Michael Virnig of 136� 73rd �lvenue N.E. were pi•esen�. r10TI0N by :.angenfelci, �econde3 by Gabe_l, that the Planning Co;nmission open the �' I'ublic Hcaring on a rezonin�; request, ZOA ,',!76-03, by ��ert R. Sia;-inson. Upon a voice vote, all voting aye� Chairperson liarris declared the Public Hearin� open ut 7:lt5 P.ri. � • '', , Mr. Boardman explained that a Townhouse Plan F�nd plat would come before the Planning Commissi.on ai, tl�eir Septellber 22ncI r�eetin�;, and this ite:� woul� also be �oine before the j3oard of Appe�ils as it involved a �ariance request. � ' • � � 5 Planning Commission Meeting - September 8, Page , 5A � , I ' ' ' ' �_ � Mr. Boardman stated that this property was Zocated on the corner of ?3rd and Old Central Avenue, and the owner wished to develop owner-occupied townhouse units. He said he had just received at this meetin� a copy of what they were proposing to do there, and it was somewhat different than what he Yiad seen before. He added they would have all the actual layouts and locations ironed oui before the next meeting. Mr. Boardman passed out to the Co:nmission copies of the plans for the development to give them an idea of the kind oi' proposal t}�at was being provided, and explained which areas were zoned C-1 and R-1. He said tr.e zoning to the Plorth of the G1 property was commercial zonin�;, btit the property around the rest of the perimeter was �-1 zoni.ng. ile er.plained they tiaere asking for R-3 zonin� in this section to allow f'or 3b o;.•ner-occupied units, and that with the square footage they had under R-3 they �•:ould be allot•red !�4 units, one for every 3,000 square feet. Mr. Boardman said that Sta#'f's recomrnendation �ould be tha.t rezoning would be iz� order for that area, and thougr,t an owner. -occupied development �rould be preferrable to renter-occupied. Mr. A1 Hof£meyer of Architects 1500 stated that he didn'� think apartments would be appropriate in that area and preferred ihe to:•mhouse concept. He said that rental property :aas not as desiraole as o::�ner-occupied properi;y i'or r�any reasons. He pointed out that the prope'rty �:ou1d take 1�1t units, but the,y were putting in 36 units with quite a bit of green area. I�ir. Iioffineyer er.plained that the units iaould be built in stages starting with the Southern part of the '�ropsrty, and the first buildir.g iaould be on the corner Of 7jT 1 and Cent.ral. He �stated that the only drawback t,o t.he pronerty that 'r.e z:as concerned ti:ith was the propert�� on the ,•r°st side of Central, but they p;.a�ned to rut up a buffer on the t�v'est �nd of the property. O�her thar. that, he said, he thought the location was excellent and felt it would be a successful project. Chairperson Harris asked if they i•rere all six-unit buildings with options, and hir. Hoffineyer repl.ied they �:�ere. He added that there r�rere many difierent plans that could be incorporated into these unitse P•7r. Harris asl;ed what would happen if the sia units �tiTere bui1L but did not se11 immediately, and 2�ir. Hoffineyer said that �tiTas �.*'ny they were building ther•i iti st2ges� and he nad no doubt that they 1•�ould sell. P�ir. Harris asked if I•1r. i?offineyer wou_ld wait until they had commitments on those first six units before he started another unit. Mr. Hoffineyer replied they would have to meet HUD staiidards so they cauld get FHA or VA financing, and HUD said a project colild not be started un�ess SOti of those units taere presold. ;`_r. Harris said he understood that, and asked if it was P;r. Hoffineyer's intent to have conymi.tments on the first six units before start.iizg a second buildin�;. �Ir. rioff�:�eyer said absolutely, and explained tr�ey w�ulu use tl�e f'irst six as model�. 11e said that the basic unit they ��ould be starting out wittl �aould include a single car garage, 2nd they were a1'1 in the $lt0,000 to �50,000 price range. He said the options would include the number of bedrooms, room for expansion, and so forth. He added that they could combine several different options, so there was a variety� and the buildings would not all be of the same design. Mr. Hoffineyer explained he couldn't tie down the exact composition of these units in terms of price until tttey �ot approva� from the Planning Coi�.*�iss�on because HUD wouldn't look at w}i�t they had until Fridley passed on the concept idea. Ghairpersori Harris asked if, in the event t•he units wer�n't sold, tliey would possibly be rented. Mr. Hoffine,yer replied }�e iiad no doubt that tliey would � 11 I � � � � � ' I� i � � � , ' ' ' � ' Plunning Comm�ssion t3eet3ng = Sep�ember u, 5B se22, and he had talked to various financing agencies and their only concern was what was on the other si.de of Centxal Avenue. He stated that if tliey couldn't sell them, they coulcln't rent them. He added that they weren't in this for xent--they were in this for sales, and that was why they had all the different options. He stated they could go from y40,000 up to $60�000. tir. Hoffineyer said they had enou�h safety factors buiJ_t into this projeet that they r��ere notloc}:ed into a price ran�;e; they had a flexibility of pri.ce range, a flexibility of market and a flexibility of financing. Mr. Langenfeld asked if the �ix units �aould be within a common fire division, and A;r. Hofi'meyer repliec� thai in oruer to meet HUD standards there �aould have to be a one-hour fire wall bei;�7een each unit. h9r. Langenfel3 said tha� i:r. Boardma.n had sta�;ed the rezoning to R-3 ��as for o��n�er-occup�.ed townhausc�, and asked if he could make stipt�lations like �hat on a rezoning. �;ir. Board,�r:n replied that he could for ot;�ncr-occupied c�rithin a R-3, and e�:plained that under the townhouse ordinance it set up certain sanare footage for each oi the units under each district. P�Ir. Lan�enfeld ask�d if it could actually be speci_fied when an area iaas rezoned that it be o*r:ner-occupied, and AIr. Board,-nan said that with the Toi�mhouse Plan it could. 1�1r. Langenfeld aslced if all 36 units tiroLld be in one big cluster, and I�Ir. Hoffineyer expluintd �hat eacn building ,-,culd have six units, and there would be six buildings so there i,rould be 36 ur.its. He further explained that each unit had its o�.m f�nced-in �arden spa�e and a sin;le-car garage. He said the rniddle units had an interior i'enced-in garder�, the end unii;s had their ov.m fenced-in garden, and eacn unzi had its oi•rn o�atside decY. i�e stated ��:at it t•ras like zero lot lir.e� concept. ?•;r. Hoff.r�eyer said th.a't �rigina� 1y t'�e concept the,y had consis+.,ed of nine unit� in each buildir.g, Uut� iney d�.dn' i: have the gi°een areas; no.•: they nad plenty of space bet,•:e�n thsrt and a lot of gree� area, He added there were no through streets; both s�reets were dead end. Mr. Bergman stated that from the land-use v�e�Ypoint; this seemed ahrkward to :�im. He said they presently had an �.rea that involved zon;ng of industrial, sinole- family residential and conMercial, and now they 1•;ere asked to grant a rezoning of 3.1 acres of multiple fa.^�iZy rignt in the midc�le of this. He said i;l7is seemed aFrkYrard from a relationship to the different zones. AZr. Hoffine�rer said that ihere iYas single-fami�y presently on the A?ort;h, East and South of ttlzs propert�= right no;a. 2�ir. Foardman said he would attempt to clarify this s arad asked the CorrLmissioners to look at page 30 of their a�endas. }Ie pointed out the area that �•ras a kind of isZand of residential area, and s'.�ot.�ed how it was completely surrounded by industrial, comriercial property. He explained that along the edges of t,his i�land oz residential prenerty there was a sprinkling of comr.tercial and R-3. He said that �enerally along 73rd there was qu�.te a number of apartment units. i�.r. Boards�an said that he thought in order 1;o be on the fuiure-p�anning end oi ihis they snould tr�� to look at that area as a total residential unit in �,hich there would be some buffer areas on the outside of t-he apartt�ent complexes where the R-1 could be included in more of a�amily- oriented.type operation on the interior. He said that the more heavily traveled roads of Central Avenue and 73rd would benefit hi�her concentrations of units more than the interior roads. ile stated tr,at this �aas one of the reasons they felt this development would be within keeping in chara�ter with the residential island. . � �� P1.annin� Commission Meetin� - September $, 1976 P�e !� 5C �, Mr. Ber�man said he still felt they were talkin�; about a spot rezoning of an R-3, bordered b,y industrial on the Souih, Commerci.al on the North (for a portion)� Iand no other mu].tiple-family. He asked if r9r. iloffineyer had considered the ,' ].t�nd-use relationships. 2•ir. Hoffineyer replied he wouldn�t have come in here if he hadn't consiciered it. h;r. Bergman explained he was concerned with relation- , ships in term� of traffic, of services and of actiuities, in which an R-3 was I� different from any present zoning. He asked if t}ie request for rezoning was i� to any extent based on harciship with the present zoning. Mr. Hoi'fineyer replied that there Yrere other thin�s that could be put on that propc:rty that he didn't thin� would be as desirable. He said all kinds af. things could go ther.e, but � that wouldn't make a buifer for the R-1 zoning t.ha� adjoins it. He added that a lannin � „ ti in or from � othe. tiTays of developing this property z�ould not e , P point of vie��r mal:e it as co:�patible as cahat he ti:� s su�gestin�. He further added that this particular area tiaas ideal far interspersing because of the �reF.n '� areas arounci it� and he pointed out that behind. I�-:edtr.oni.cs there tiras quite a � nice apartment complex. �-:e said that he didn't think it was a hardship �ype � of thing, but it would be the best use of the property. Mr. Pe�;erson npted that the 3.� acres had ar, odd sYtape in texms of a parcel of l2nd, and asked ��r1:at happened to �he property ot4�ners immediately to the East of this piece of property in terms of their developin� it or usin� it. Mr. Boardman replied that it was all developed; there e�ere all single-faMily houses to the East. � Chairperson Harxis asked whe.n it,e in,terral street pattern �aould be buil� �ui��. k�ho t•rould r.►aintain it. ?-fr. Hoffineyer replied thai; this laould be the Home O�rmers Associatior., �.nd t.he first• st,reet th?t• ��rould be put in would be the one on tr►e South. He added that thei� tiaould keep progressing as the buildir�gs ti:ere developed. Mr. i3arris asked when the Home O�mers �ssociation �•aould �e f.ormed to �tainta?n the streets, and 'rir. i?o�'f;�eyer ansj,rer�d that it �:*ould bs formed irrr�edia�ely. He explained that before he coul.d even talk to ar.y iender he had te have all tho�e documents. i•Sr. Harris said he assumed the green arsas would also be tal:en care of by the iiome Ct•mers Association, and Mr. Hoffineyer replied yes, just like Innsbruck. He said the h*Yiole �;hing would be maintained as soon as building number one was erected. r4r. Bergman st,ated he was unable to define irom looking at the plan the green areas. 1�1r. Hoff:�eyer directed him to look at sheet number one of the blueprints, amd explained that the buildings were all outlined and nw�ber.ed, the drive�.�ays were shaded in, and all i;he rest was �reen area. i�Ir. Bergnan asked if he pl�.�ned anything in the development as far as a co;�.mon recreai,ion area, co � � unal area or plati��;round. ?•1r. Hoffineyer ans�„Tered that he did not, but there was enough F;reen area t'r.at tliey could pui, in some s.ain� sets. Ile explaine:i tnere was no swirunins poolJ horseshoe area� or anythin�; like ttia�: in this project. Mr. Lan�enfeld asked what type of financing would be available as far as a person desirin� to purchase one of these unii;s, �nd rir. lioffineyer rep.lied they were goin�; to be fle:eible on this. He sl;ated they would have conventional, V1� and FHA. i�'.•. Lan�enfeld asked if there w.ou]_d be such a t}iing as a contract for deed if a person wished to sell. rlr. Hofineyer said he hadn�t thou�tit about that-, Uut he �ici�i't think so. He added that lrom a planning point of vieiJ he didii't think f'in�ncing entered into the pieture, and it woulci be up to the lender to analyze the_financin�. ' 1 � C� ' � Plannin� Commission Meeting - September 8, 1976 Page 5 Mr. J•Sichael Virni�, 1365 73rd Avenue N.E., stated that his property was right next to this parcel of land and he was to�a.11y neu�ral at this point. He said i;hat he hacin � t seen any plr�ns or heard anything otI�er than what was in Lhe notice that tiras sent to him. 2�tr. i�offm�yer sho:aed him a set of p].ans� and Mr. Virni g said there iras nothing further. . 5D Mr. Boardman stated that this was the first time had had seen this proposal, and ihere may be some Staff requirer�ents of this type of develo:�ment. He su�gested that the tznits in the "dog leg" be shifted Ivorth to provide a little more area betVreen the back end of those units to 1;he South property line. He said another thing they would be lookin� for would be protection for the single families on the other side by heavy screenir.g in these areas. He said this wouldn't be just the normal landscaping but a screenir�g landscape. He said he felt some pretty nice things would come out o1: this project as far as land- scaping goes. � Chairperson Harris said that beiore this got too far dorm the line, he t•rould like the Fire iiarshall to take a look at it. T•1r. Boardrian stated the Fire 1•farshall� had looked at a similar plan and it :;�as approved. Hot�rever, he said, , the plan that he had seen had a loop in it as a drive, and. he didn't knoir what the Fire i•�arshall tirould say about the t�•:o dead-end roads. iie said they would have t'riose answers at the next Meeting. � ' � ' � , ' ' � ' I, ' i Nr. Ber�man asked if he assurned correctly that Lhere i�aere t�o ordi.nance con�erns: 1) rezoning, and 2) a variance from the mir,i.:��m acrea�e re�uirement for ;;o�.nhouse developTenti z•:n�ch tiould b2 go �ng to tfie �oar� oi A�pe�]s. I�.r. . Boar�nan SS�� �'i,tila.� �7a.S COT'X'°C�. T�1r. ��2'�t:t?'1 i-�"1�':2 asrte� 1r 8S?i P, iI'vl'I j:li�3.'ty the plan they t�ere lounir.g at met al� other requsxements as far as r.ur�q°rs of garage stalls, apen area, densitf, 1.01; coJerage, etc. I•:r. Boarcir:an said that �aas right. Mr. Langenfeld asked if there was an acLministrative report on this, and I�ire Boardman replied there wasn't. I�ir. Langeni'eld asked if i�Ir. Boardrnan could foresee any problem with the draina�e•as indicated, and he 2ns�rered noi: at this time. . Chairperson Narris asked how far back fro:� the intersection the access on Central was, and %fr. Hoffr�eyer said it was 27d' fro^► the corner. He stated that the access from 73rd kould be about 1�t2tfrom the corner. �Ir. Lan�;enfeld asked i1' t:r. Boar�dmar_ could foresee any problems �,i�h ti-ie traffic control, and A1r. �3oai•dm�i i•eplied 2ie coulcirr't at this time. He added thai t�e didn � t think t!!ere would be tha� ;1'.UC}1 traf.:ic out oi the:=e units. rir. Ha~ris asked if tiiere was a four-wa,y- stop at Cent,ral anci 73rci, and i•::. F3oard�n;u7 said it i,•�s. MOTION by Shea, seconded b�� Gabel, that the Planning Commission close the Public Hearing on the rezoning request, ZOA �f76-03, by Evert R. Swanson. Upon a voice vote, all voting aye, Chairperson Iiarris declared the Public Hearing cZosed a� E3:35 P.r.. M;. Peterson said that on pa�e 29 of the a�;enda r1�.rtin 0. and Dorothy L. Erickson wei•e listed as owners of propert�* udjoining the parcel they were considering for rezoning� but ho didn't see tt�em on the mail.ing list. rlr. � Planning Com;nissio� lleetin� - Sep�ember Q, 1976 Page b . 5E � Boardman explained that the ormers had chan�;ed since that time, and to get the names for the mailing list thF:y went to their assessing files and i.he owners were pulled off of those f'iles. � � � � � � , � Mr. Lan�;enfeld noted that there rras quite a number of people invo].ved as 1'ar as the mailing list was concerned, and to this point t!:ere hadn't b�en mvch input for or a�ainst the proposal b,y the surrounding residents. Ite said this troubled him because he would like to see i,hese poepl_e have a Uetter chance to v5ew the proposal so the,y could voice their. opinions. He asked �.f t!�e zoning reguest was rec�rimer,ded for approval if the citizens �•�ould have an ooportunity to voice their feelings at another hearin�;. Cnairperson Harris said that �aas eorrect. He added that if the P? annin�; Co:4^�ission recorrunended approval of this, i_t ��ould go to the City Council and they would have final action on approving or denfing. flir. Bergr��an said that because�of the sizeaple list of people invited to the Public i-3earin� and because not �uch had been heard fra:n t}ie public� he would like to have a sho�:� of hands f'ror:� the audience if ihi.s aras the item thai; brought thern io the meeting. Four people rai�ed their. hands. 2•ir. Board:�:an pointed out that the City also J9r. Langer.felct said he zssuried the: e was no concerning their feelin�s on i!iis item, a.nd true. put up rezoning signs on the p7•operty. corresponder.ce from citizens Chairperson Harris s4id tnat was Chair�°..�rson ?�arr�_s said that sznce the Stal� has not h�d an op�ortur.ity to study this p1:n ��d sinc� the F�re �;arshal? has nat h ad had o�portun�iy t� look at it, he �rou�!d feel more comfor�able �ab�ing this item �antil t��e appropr�aze depart.r�er.�s had a c:��:ce to locn at it. ;•`x. Pe�erse:� st�,l.ed he `'elt the sar:e taay, b��cause the gent7.e^�an k�ho �aid ::e �.��as �az adjace?:� p2'Op°T'�}T owner said hE �as iieut.ral because 21e hadn't seen �-�ything on it up to tris point. J�fr. 2'eterson added that SO;iB�lOW }:e �hought tliis tiaas the T.,�es'.�rness of t?Ze Public Nearing systems a notice z•ras sent but it didn't inforrl i;he people �aha� it t�;as or �*;��r, so peopl.e c�ne to the Publi.c �earing to find out tahat ti•:as happening. He sa�d he dicin't tl�inv this ;�:as quite r:ight. 1�1r. Boardman poinied out that people ti•rere free to cnll tne Cit;� Oif'ices, and i�Ir. Pete�soil commented �that it t•ras sor�etir:es ve.ry difiicu�t t� get a hold of the right person to �al�c to. Nrs. Ga�e1 �d�e� that it t�:as verv hard to explain a plat over the phone. rir. Ber�ma.n stated he shared tl:e concern on this iter� and thoughi t}lere siiould be additional consider- ation an the part of the pub].ic and this body. r;OTIO� b�r :�erg���.n, seconded b;y La�:�enfeld, t};at. the Pl.;inning Comr:iission tat�le the re�ui�s�. for re�on�.nb, 'Lt�,� �i76-03, by Ev�rt R. Sw��son, until the nexfi. scheduled meeting. Mr. Boardman explaineci that this had been the intent. the way it was set up, �nd � it would noi: delay tt�c� petztion. }ie said tl:at this rezonin; along with ti�e tawnhouse plan would alI �o to the Czty Cowicil togethtr. Mr. Peterson said he wished the maker of the m�tion would have included someihin� about another opportunity to in#'orm the public who werc� concerned on this 1.JJUL. UF'JN A VOICE VOTE, all votin� aye� the motion carriec� unanimously. � � �"'""'f � � � � P1ar,nin� Commission Meetin� - September �, 19? Pa�o 7 Chairperson Harris stated �hat this would come before the Planning Commission agazn on September 22nd. t1r. Lan�enfeld said he r�ished to let those people presen� know that they could come back again on that date. 2�ir. Ber��4n brought up a,nother mailing to the public, but 1�r. Boardman stated he didn't see where another mailin� would be appropriate. i:e said they had mailed out the noti.ce of the variance request, rezoning and che preliminary plat,and the date� for `i'wn1�:.c..Devel.. and Plat were noted as .5eptember 22nd. r1r. Lan�enfeld noted that those people present could also pa�s the word tc� their nei�hbors, :.�d Mrs. Gabel sug�;es�ed that if they came i,o any conclusions before the i�oard of Appeals t;eeting, they should come to the Appeals meei;ing and veice tner.►. I'UBLIC HFA �IIdG : REZOi�7;:G REC;UEST 7.OA �'76-OZ� , F?Y GOPDC': ASPEA'S^�: : Re7.one Lots 10 and 11, islock , Lo�rcll ttddition to i�r.idley Par;; i'�.•o:� it-1 (:,ingle family dwellin; areas) to �-3 (general rtuliipl_e cii�elling areas) to a�.lo�J� the construction of a tri-plex, the�s�me being 6�00 ?nd Street Pd.L. Mr. Gordon Aspenson was at the meeting to present his request. MOTIOPd by Peterson, seconded by �3ergr�an, that the Ul�nr�ing Com��,ission c::en the � Public �iearing on rezonin� request, ZOk �,76-O�t, by Gordon rsperson. Ur�on a voice vote, all vot�ng a.y�e, Cnairperson Harris daclarea the PuU�ic :ie2:��ng open at 8:50 P,;�1. 5F � , r�ir. Boa.rd,�nan e�:p� ained ihai �his property wa.s located on the 7�op back off of��',� service drive along i�iississippi. Street. He directed th� Commiss,^ners to look nt the ma;� on pa�e 37, and e,.p7.a.:ned it :•:eu7.d be on ti-te corner c* that �servict drive and 2nd St�ee�. fIe sta�ed that cn th� propei ;:�� �:.rectl�r :;or�h -- of this there ::as present7.y a!t-plex, and the properties across the s�;reLt were also apartm�nt bui.ldin� s. P•ir, Boardman saLd that 1�r. �speTlson i:ac buildin�s � on i.iv�rview Terrace and Aiississippi i�Jay, and he ��ras proposing �nree un�.;.s exactly like tne four he presen��ly had. He said that the buil�ings i•rern L'ne toia�lhouse type built on t�•ro lev�ls, they t�rere �•er�r attractil�P Gnd he sa�d he � wished. they had r��ore in the City. He stated that there were t.�:To resider.tial pro��erties directly i;o the j•:est of this property, and the Ci�y Staf° iey� �his � rezening titi�ould be in context i�rith the plan of the Cit.y. . � � � rir. Aspenson said 11e was proposing k*hat he thought was an efficient anci attractive building. He stated he intenried to keep it in his possessic:: and maintain it� atid he thought it would fit in very nicely wi+h �;nis particular area. �2r. LanL enfeld asl;ed I•:r. Bo:.rdnan if there was a reroning sign on t'�is _�rop^rty, and t:e replie� ttlere cras. �:�airperson liarris asked if t•:hen the t;nder�u��s ti�ras open tl�at little leg that stitiings back to Mississippi Street would remain open or be closed, i��Ir. Boardman replied that �lould all be closed. 1•ir. Harris asked if then there arould be access off from TiississZppi Street on to Second Street nnd to the service drive. �:r. Boardn►an replied there �aould be. He explained the building houl.d sii: right on the corner� and access to the �;arages would be o.ff the service drive. He said tiie units would be.fac�ng Second Street, and entrunce to.the units would be on the �Jest side. Chaiz•person }larris asked what the size of that parcel was, an�' tir. Aspenson rep].ied 90 ft. by 136 .ft. He ndded that it was a couple of thousand feet lar�er than was necessary for a tri-unit. Mr. l�arris asked what the minimum � � e�..--.� , . s Planning Commission Meeting - September 8, ig7G p�ge 8 5G lot size was on R-3, and Mr. Baardman answered it w�s 10,000 sq. �t. for a three-far2ily dwellin�. }�e statied that Mr. A�penson�s PI�iS close to 12,Od0. Mr. Boardman said that it had been nip and tuck for �}hil_e on the handicapped codes, but they had finally go�ierl �ome clar.ification from the state on that. He explained that as long as the entrance to �;he unit i��as to the out�ide, the three-uni.t buildin�s i:�ere not required to have handicapped facilities, but a multzple unit would be required to have them. Mr. Lynn D. Hansen, 21� 67th Ave. N.�., stated that he o�med the !�-plex that was on the prope-rt�* adjoining A1r. Asi,enson's, and asked if he could �ee the plans �or the proposed Quilding. l�ir. Aspensori shoured hiri the plans, �.+�d 1.r. Ha.risen agreed it i,�as a nice-looking and attractive build�n�. Mr. Donald F. Cable, 6530 Second St. ;v'.i.., staied he was the car�taker f:�r 1�1r. tIansen� building, and he also �hought the proposed structure would be beneficial. Mr. Bergman said he ��rould ugain like a shov� of hands of those people �n the audience who ti:tere concerned with this item, 271C� tYlO people (I�Ir. i�ansen and Mr. Cable) raised their nar.�s. t-ir. Bergm�n aske� if. Air. Boardman ceuld fill him in on i,he zoning s�axro�anding the lots in question. Air. Boardman airected the CorL^�issioners to turn �o the map on page 36 of the agen�a, and explained ihe property directly ;;orth was R--3 (!1-plex), tY:e propertSr across ihe street �ras R-3 (apartmer�t builaings), North of the Lt-plex was Cii}� park prop�rty, and 6�25 2�iain St. and �ti�e p: opert�r just South of tl�at were zoned R-1. P�1r. Bex��'�an noted that the-�e seemed to be some 1anc� left a��sr. the service driv� went thrcu�!�, Sovth o� lot 11 aid �ne one to the �:esi ai ii, and asiccd i.f there were aa�y pl�ns for that prcp�r �y. tir. �oaru;aan said that was cc��L�:t•y right-of�;aay. ri0TI0i�I Uy Peterson, se.onded by Sheas that t��e Pl«.Y�nin�; Co:��ission clese ti�e Public Hearing en the rezoning reauest, ZOA �;t76-01t, by Gordon Aspenson. Upon � a veice vote9 all voting al'e� Chairperson I-iarris cieclared the i't:bli.c 'rfearing c�osed at �:0,� P.I•�, � r;OTION by Peterson, seconded by Bergman, that tl�e Plannin� Coru�ission reco�,-�erd to City Cour.cil approval of rezoning request ZOA #r`76�-0�, by Gordon lispenson: Rezone Lots 10 and lls Block l�� LoV;ell Addition to Fridley Park from P-� (single � , iamily , d;,�elling a.�reas ) io P-3 ( general multiple d.�:elling ar•e as ) to allow the eonstruction of a tri-plexs t.he sa�ne being 6500 ?_nd Street N.E. Upon a voice vote, all votin� �ye, f,he motion carried unaniriously. PU �LIC ��rARI;VG: ��T;C�u�S^1 F()I3 A SP::CIAL US�, FFPTiIT, SP f=?6-1?, 31 ?iE?r.°;T'i'ii T • � i3:�Ln:;�`il:•: Ye: r'rial�y city ��a�, Section .'0,.:��1, �� n, to allotir tiic coiZStruction oi a second accessory building, a 20� x 26' detached gara�e� to be located on Lot 1� Block 6, Bennett Palmer Additzon, the same being 5870 6th Street N,E. DSr. and Mrs. Kenneth Belkholm were at the mceting to present their request. � MOTION bv Gabel, seconded by Peterson, that tlae Planning Commission open the Public Hearin� on a request for a Spcci�l Use P^rmit, SP fi76-13, vy Kcnneth Bs�.kholm. Upon a voice vote, al.l vot.ing aye, Chairperson Harris declaxed the � Fublic lie�u•ing open at 9:�7 P.ri. � � � � Plt3nnfng .n Se��mt�er S, Mr. Boardman er.plained th�t this was a request 1'or a second accessory buiZding to replace a�araE;e that had �urned clown on ihis property. }Ie stated that the only question they would have had on thi_s would ha�re been if the set back oF the new gara�e had been placed on the �>��rne founci�tion as the old ga: a�e. He said it was his understancii.n�; that 1•jr. Felkholm had decided to �eee the setbaak requirernents insteud of going through a variance procedure. N,r. Boardman said City Staff had no objections to this request. 2�Ir. Bel}:h�lm sai.d the purpo�e ot the request was to replace th� �arage that had bcen destroyed in the fire, and cxplained that his present setback �:as two feet short of �1:hat the requirements were no�,�. He stated he had decid�d he would reposi.tion the slao of' the garage to talce eare oi 'chat, so there would be na need.for a vara.ance. 5H � Mr. Peterson as'.te:a ��hat the adcled cost �:ould be by hav�n� to ch?nge the sl2b ax�d f'ounda�ion, and i�ir. t�elkho�ra said it 1•:ould be �.round Y500 r�ore. i-ie said he kne=•r a variance would be cheaper, bl�t other f'actor� iaere in�:olved. i:e � sit�.ted that he i•:as coupl�.ng the inerea.,ed S].2P w:ith �;;.e va„ianc� ch?.7�e t•�hen he was stating th�� cost. r�;r. Bel};holri explained �;he gara;e ti•:as ori��nally 20 x 21.�, and he t�ras adding on t?,�o feet,s so the `�60� lI1'TO�VeC� t^e ad�ed ir�crease � � in size also. 2•ir. Bergr�an askVd if n� t•ras saying he would pre�er to reloca�e it for reasons of his o�m, a.nd J�;r. B�1!;i�olrn replied yes, he fe� t it would be more advanta�eous to movE tl:e s�ab. � Mr. .Pe;erson as�:ed if it tirasn't for t}i� variance request ir 1•i� . Belkholn co�1d just add the t�vo feet �o the exist.ing siab �a.nci have ih;; =arge. gaa'd�;e he *1i�.nted, and '�:r. Belkhol:a replied that �-,as trlie. N`,r. L�noenfeld no �ed thai tt�is was a detached garage, and asked if it would be used prir:iarily f'or aut�omob:les. Air. �eikholm replied it i•:ould. I�'ir. Lan�ei�ieJ.d askea ���nat the first accessor,; building �ras, and I�ix•. �oarc',�}a.n a-�s�aered it w4s the garage that t•ras attaclled �to the house. ;��r. r�an�enfeld ask�d if the garage would be construc�ed to be compatib�e t� the house, and T;r. Belkholt� repl.ied it would be. I•Ir. L�genfeld asked if fi.here iaas going to be any forr► o.� commercial enterprise, and ?•ir. Belkho�r� said t}iere z�:ouldn't be. J•irs. Gabel asked w?�at portion oi' the �6�0 ehtra he t•:as spendi�.�; to move the � slab, and i1r. �selkholm ansiaered th�.i the insurar�c� adjuster said �1:88 �rould 'oe for replacing the s�ab. rfrs. Gabe� as}ced ii' it ti�rould have to be replaced at any rate, and I�;r. Belkholm replied i � i•roulcin't, i.t YTas just a r�atter of titThat � he decided to do �frit�h i.t. Pirs. Gabei carv:�ented th�t siie ha�eri to see him spend $600 knen he could sp�nd $5(? for a.�ax�ancc. � rSr, Peterson asiced if there ��ras a Special Use Fern:it �or tne building t:�at t��as destroyed by fire, and t�fr. Boar�.�an said there iaasn � t. He explained it was there before tt�e zoning was passed. T10TION by Lan�eni'eld, seconded bv Peterson, thai; tI�e Planning Commission close the 1'uUlic Hearin� on tt�e requcst for a SpeciaZ Use 1'ermit, SP �7b-13, by Kennel;h Belkholr:i. Upon a v�ice vote, all votin� �i�-e, Chaii•person Harris declared the Public fiearing closed at 9:20 P.rl. � � � Planning Commission Meetin� - September 8, 1976 P�ge 10 � 5I � MOTION by Lan�;enfeld, seconded by Peterson, that the Planning Commission recommend to C:ity Council approval oS the reque�t f.or a Special Use Permit, SP �7�-13, by Yenneth Bnikho"lrr,, per k'ridley Ciiy Code, �ection 205.0�1, 2, , A, to �.].low the construction of a second accessory buildin�;, a 20' x 26� detached gar�ge� to be located on Lot l, I31ock 6, Bennett Nalner Addil:ion, the sarte being 5870 6i;h Street Id.L. Upon a voice vote, a11 voting a,ye, the motion caxried una.nimously. _ C0IJSIDr�ATIO?d QF Rr701II?�G TIIE YD DIS'PRICT (PLA?�I?�I�'D D�UF.LGP;`�;:T) Ii�: T;iE 100 iLC;CK L�;,`�'T Oi� 1�1:�`I' :~tI'JL �:tC)!sD `i0 it-1 �.i;:iJl,: F.';'.;IL'' ?�:i:�:LLl;;G :i �i:F.S). I�Ir. David Rotter of RottlundConstruction Comp2ny ��7as present. II � P-ir. Boardman explained that P�r. Rotter �,ras goin� to come in for a replat on an area South of Springbroolc Creek, and they ��ant to discuss at this tirae tne , possibility of the Planning Commission initiatin� a rezoning of the PD district ,� ti,�hich is presently in there tq R-l. :-ie said that r�ost of tY:e propertZr 1:as zoned R-1, and they tirould request that P�ir. Rotter initia':.e tr�e rezor.inU Sou�h of the creek, �.nd the Planning Co.mmission initiate the rezoning idortn of i;here. Chairperson Harris asked i•�ho oVmed �;he prop�rt� Tdorth of the creek at the present time, �nd P�1r. Boardrian replied it i�ras oz•:ned by v�rious ir_d�.vic��zals and single f�..�:ilies. �Ir. Harris asked hoi�r tnis t•�ound up as P�7, and :�;r. Boardrsaa; sP�� that took place auite a while a�o. He explair.ed that at that tir�e there t•ras a pr.cpo�al for a commercial development r�ort?: of. the creek and an apartm_ent cievelopment South of the creelc. He stated he F*asn' � reall,y sure o' the bac'��round on that �oni.31�, but ii �-ras rezoned to P� sc de1�e]_op°rs coulc'_ detre�op b^t.� commercial and industxial. t�4r. Harris asked 1•:liat. t�i�e zonin� t•:as pre-r�cus �c that� and ;�Ir. Boardman ��s�.,�ered R-l. I�Sr. 'riarris cor.tment,ed ti�at ?d�'13L ti:ey �•�ere taltcing abou� then was reverting it to the ori�inal zon?ng. i�:r. 5cardman swid that indications were tha1; the property otaners ;�'orth of the creek 1•r�u1d not have �.ny objectinris to the rezoning. T1r. Rotter said 'nis comp�y t•ras ohnzer of the South section of this property and builder oi tlze Nort,7 section. He stated that in 1973 ne ca�e before the Planning Comraission to ask for permits to build sin��e-far:ily d;•rellir� s�.n . the PD area, and he s�*as granted �;hem. rlr. Rot.ter said he � asked thern to leave the South section alone until they decided what to do :�ith i�. He referred to t}ie map on pa�c 1�5 of the agenda, ar.d said that South oi' the line �,�hich said 3�9 there �:as about a five acre pieGe of land. tje stated }ie wou�d 1�1:e to rezone par1; o� �Lhis or be allotaed to build sin�le-famil,y d,,:cllin�s, ieavin�; lots lI� 12 and 13 in ei�,l�er P� zonin� or R-3 �cr,ing rat;�er �':��ui c:,���c yr.� it all Uacti ta residential. i•ii•. Rotter explained {:.^at one ,�i.ece o: _'r:���c.:'t,. abutted Easi; River Road, and there ��*as no access off Liber:.�� or Ruih, and no access off the extension of Ely. He said that ratner than leaving it as residenti.al property and bring up three drive�aays to East River Road, he was �oin�.to leave �:hat as either PD or R-3 zonin� and put something in there that would Ue conciusive to the a.rea. �e stated he did not caani: to rezone tlie whole entire piece Uccause that would leave a dead piece of property. Chairperson Iizrris said it seemed to hzm the nractical thin� to do ��ould be �to leave it PD und have the developer Uring in a total plan on the wl�olc srea. Air. Rotter said that was what he w�nted to happen. ite said they had alreudy I � � � Plr�nnin� Commission Meetin�; - September 8, 1976 Pa�e 11 I� hanclled the North section in this same fashion, takin� out permits, without submitt�_n� an ouerall plan. He explained he didn'i submit an overall plan of each hcuse sitt,ing on each lot as such. , 5J Chairperson Harris said he wa�n't so hun� up on the er.act location of each structure, but �rould like to knor� r�hat kind of struc+ures t}:ey are, if they are sin�;le-far�ily, etc. i�ir. Rotter said he �•:ould be hanoy to do that. iie sai.d that with i;he PD zonin�; of the property there was supposcd to be sor�e overall drawin� of the property consistin� of where each i:nit wa.s going to be, tirhat particular size, h'r.ere each drive�ray would be lecated, etc. j3e said it F�as pretty involved. }le stated that he t•rould like to chan�e the street pattern of El,y, puiling the er,tension back and malce it a cul-de-sac. }ie added that the section containing lots 11, 12 and 13 he wanted P-3 for apartmenl;s. Mr, Ber�man said he didn't reall�� understand �rho t-ran-ts to rEZOn� the North �rart, ��?ho ti•rants to rezone the South part, �nd �inat t?�:c: purpose �•�ould be in ei�her case. t-ir. Boardma.n showed him on the map c��hich area I�tr. Rot•ter oi.�ned �nd want.ed to replat, and exolained hot•r he :-��anted to pull Ely back into a cul-de-sac to alloti�T � or single-f�mily d�v�elop»ent o� f of that cul-dc>-sac. i�a also �showed ia�iich property I�ir, Rotter kTanted to leave as PD. I•1r. Berg;�an stateci he didn't underst�.nd t•rh}T a rezoning. tie said he thought the PD was established to p; ovide flexibility, and asked ii it �rasn't t•�ithin Lhe coniex;, of PD to construct, t•rhere a pla.n so dictated, single-f�a�iil�T hor�es. P�r. �3oard,at:n st�ted that PD in tne code boo�: �aas very bull^f and hard to ad.Tiinister. :ie ��aid 'ne thouf ht a.t was ��h� po:;�tion of Ci �y �?d:nini�tration that since Fair�nnnt Circle is cieveloned P-1 property, it should r~�eet tll� : zanin� rer_uirements zox• an R-1 area, �aid t�rhen the plat f:om P.ottl.undco:�e� in it should Glso be rezor_ed. to meet I?.-1 re�uirerients. 2ar. Bergman asked if t D didn `t enco:�oass R-1 reo,uyre:::ents, and ]�;r. Boardrna�z said it was eas�.er to enforce and easier to admiii� s�cer undez� H-1. 11r. Rotter sa�� thev had developed the North sec�:ion under this PD developnent as resi.dential already, and they 1�rould be �rill�ng to tollo�•: the same fra�e�•rork, but they didn't wan� to take a piece oi property that had valixe other than as resident,ial property and turn i� all into R-1 zo�zing and have f.o come back ?.r.d ask . to have it rezoned to R-3. i�ir. Board�nan sta.�ed he ti:ias net saying th��: . they i�ould be rezonin� tile iyliole thing, bu� anyl:hin� ��zat' �ras being developed ` as R-1 should : ea11y correspond to a R-]. districi;. I-1r. Rotter said that would be agreeable iJith him. He added he just ��:anted to ci�an�;e the streei; pattern to facili �ate the use of the propert�� as R-1., ot'�er th�n tl�at or.e section ;•r}�vre he eventually k�ant.ed to bui].d some type of ap�rtr�ents or to�m}louse. rSr. }3o�rdman said t}�at ihe purp�se of tlie discussion :•ras to �,et. the Plannir��; Commission's feelings on init;iating a rezonin� procedure oi the Pi) property Nort}i around the Fairmont Circle area. Tir. fier�ma�z asked who i�ould pay the fee, and Tir. Boardman eaplained there would be no fee if the City initiated it. Mr. Lan�enfeld said he looked up the PD Distric�: Re�ulations 205.12 and 20�.123� T}ie Proeedure for Establishing a Planned Developrlen�, Zoning District. He st�ted i;hat it looked to him like it took a Iot of cioing and a great deal of time to obtain this PU zonin�, and in goi.ng throu�;h this he saw w}:cre they have Plannin� Commission Mcetin� - September B, ].y76 Page 12 -� � 5K a preliminary development plan �nd specific plans or sta�;es involved. He a�ked if this couldn't all stay undcr PD and this particular development be consi�iered as part oi' the sta�es. He added that this �ti�a:� R-1 al_ready, now it iaas PD, and I�Ir. R�tter wanted to go back to R-.l again. He stated he would like it zoned one way or anoi;her. Mr. Boardman replied that because of the bulkir.ess of the ordinance the City said s9.ngle far.�ily units could be developed in there without having to.go throueh the proced�are of PD. Chairperson Harris said that he would li_'r,e to see some type of �eneral plot plan before they �;ool: a.ny action. P•ir. Rotter sa.id he i•ranted to do a p12n of' it� and this was just �or di�cussion. t�Jr. Peterson asked if they were asking the petitioner �;o sPend more rr�one�� on rezoning i;han if he 1•rere to develop �i und�r P.D., and :•ir. Boardman said he thought sornctt;ing 7.ike tnis rrould have to be ti;orked out as far as ccst goes. Mr. Harris asked 1-aher. e else the C�ity had a PD, and A1r. Boardm:�n said he thou�;ht i:his was i;ne only ai•ea in the City. Mr. Bergman noted that l�s. Boardr�an had said the area Idori�l of ;:ne creek wa� deve:loped, and asked what public ber.efit �•rould be served by rezoning th� area around Fair;nont Circle :•rhich t.Tas alread� deve7_oped. I�ir. Board,T;an �r:s�•:ered that it i•1Gll�.Cl stabilizc the property the hoi�ses iaere on. Mrs.' G_�bel raised the q_uestion o�' 1'wnancin� fc:r structures in P� areass and t•Sr. Rotter replied tnU;; �;here had been one eucsi;ion ra�w :eC.l Dj�� �.�� a.ttorr,e}- F�hen the 1�Iori;h section ti•,as i�nanced. He said �,e }Zad ,};e;;n �_h,e at�orney i}-ie minu-tes o� th� Council. r�eetin� sa�T�n� the,y i;�oul_d allo,�r t?�e are-_ �o b� developed as residential even tncugh i;; i-:as PD, anc? ne �a� d tha; t�.-as fine. I'rs. Gabel asked aUout the feelings of the lenc�in� institutions, ar_d 1ir. Rctter replied he had closed on all tne lo4ns himself and there hadnit been any prcblems. l�ir. I,angei7feld sa�d that since it c�ra.s his understand:ing tra� t:�is r:as th2 on117 PD area re;�ainin� in tl:e Cit•,y, one advar�tage in �:'8ilt..]_r1E; the requ�s+ ti��ould be eliminating another portion of the ordinance to deaa_ t•:ith, i•:r. Rotter s2id he didn't ��aant, to cha.n�e it, but ;�anted to be allo::red �a build houses in the area. He explained if tne pi�op�rttT t•.as all rezoned back to R-1 he t�:ould have to come bacl: in at a future date and ask for s�ill anoi.11er rezoning in order to build the apartments. Afr. Ber�n�.n asked if I°tr. Rotter was in a posit.i.on to come in ��it.?� a prelim:inary plat, and ;iN. �otter sai:�i he ::oul�: do that. :ie saici zt �a�s plat:,ea r.o:a a�d he just iaa.�ii;ed to replat it. iie explained ile IJOUlC� just �e cti����;ing so:ne of the lot sizes, and all he really t,�an�ed to do ti.�as chai�,e the street. Air. Peterson said that t}ien the zoning request was reall,y a Staff request, and ?�Ir. Ro�ter said that was correct. A�r. Peterson asked t•�hat the additional. cost would be to tiie propei•ty o�aner if he rezoned, and ?�Ir. B�ardman said abaut $155 total. rir. Boardman said the c�nly other �aay the,y wa:il.d do it ��rould be for the City Administration to request the Pl�nning Cori�ission to pctition for rezoning on the entire PD area. ;�lr. Rotter stated he thought that was ridiculous. � 1 i � , Plannin�; Commission Meeting - September 8, 1976 Pu�e 13 5L Chairperson Iiarris said the problem he saw with the whole thing was the City Council had set a precedent. He said he thou�ht it w�uld be very d�fi'i.cult t4 require i:he P1aa�nin�; Commission 1;o initiate a i•ezonin� saithout the peti.tioner's concurrence. 1�Ir. Board.man pointed out that they had never done it before, and Mx�. I1a:ris said he would like to talk to an attorney before they got too far dotm the line. Chairperson Iiarris su�gested ihai Tx. Rottcr c�raw up a plan and brinb it in for ther� to lool: at, becau�e ri�;ht now they s-rere just batting at moonbear;s. Mr. Roi;ter sai� that wnatever was deci_ded, he wanted to get it er.pedited so some en�;ineerin� wor'.�c could be done by early spring. He added tnat he �rould bring in rrhat he tirould I.ike to d.o and let the Cora�ission review that, but he wouldn't be here to rezone the property �unless it 4,as the only way he could get res�_dential in ihere. 1�r. Pe�crsor� state:� that k�hat bot!�ered him �ras that it i•;as a Staff situation imakin�; a decision over something tha�, had beer. done f�r t�e Sta�f's convenierce. P�r. Boardr�an said that Staff was not making a decis�.on, just a reco:��riendation. � � � � � J�I09�IO1�1 by Langenfeld, seconded b�r Peterson, that the .P].annin� Corlmissic�n table the COIlsideraticn of rezonir.g �,he PD District (Planned Develapment) in the �I00 block East of. East River Road to R-1 (sil�gle-fa�i L�;� dwe, lir.g areas ), ur.til �he necessary information was r. eceived 1;o ma�ce a proper decisio?Z. Mr. �e.grnan said ilis only corriment i�as i;hat he kas a 1itt1E unco:��ior�ao�e ��i+ah this. UPON A VOICF VOTE, al? vot�n� �ye, the motion carried u:.e:ni:�iously. r:r. Boar��an said t;hat at this time he would Zike to add i� the agen3a I�em 16S a Discussion on �he Beer prdinance, �s hir. I�iarvin Bz�unsell �as present to give them adclitional infor:nation and ansc.�er r,uestio��s on th�s topic. Chairperso�l Harris said it would be in order 1:o suspend i;he ruJ_es �nd t�'.�ce up Iiem 16. � MOTTOAT by Peterson, seconde.d by Bergman, i;nat ihe Planning CorL-�ission suspend • the rules and tat<e up Itern 16. Upen a voice vote, ali voting aye} the moticn carried unaniniously. u LJ � � � � DISCllSSION OI� REE?? ORDI\ANCl, Air. Brunsell stated that this h�id been beiore the Planning Cor�^��ission, a,�d it came before thern because of the fact thai the City had a problem with issuing a beer on-sale license at a particular location for a particular kind of event. He said he didn't believz that noi�mally the Planning Commission would be involved wai;h strictly licensin�;-type situations. Iie said this one ��as sort af a zoning type of thing and how the Cii,y controlled it, and that was apparently how it got to the Planning Commission. Mr. Brunsell said that the Planning Commission, as he recalled, �;ave approval to tu� ordinance t.hat went to the City Council, and it was passed on the first readin�. He said that t:efore it came baek to 1.ne Council, A;r. Her�ick redrafted the ordinance based yuite � bit en a model �rdinance and subsiantially chan�;ed the ordinance the City Council acted on. }le stated that the Council now pas:ed Plt�nning Commission Meeting - September 8, 197b Page 1� � � the ordina.nce that was before the Commission at this time. Mr. Brun�ell pointed out that wubdivision 2, Sectinn 602.02, defined the arcas or the types of businesses th�t could be ].icensed for on-sale beer license, and this was �� ' � probably the arca they would want to discuss. Mr. Brunseil explained that the ordinance further on advised that a Public Heari.ng would be hel�, which was s��methin� new and was not required with a beer license.previously. He stated that the crdinance set forth 1:he license cauld be issued only to bona fide clubs, beer stores, exclusive "on-sale" liquor stores, restaurants, and r,otels �rhere �ood is prenared and served for consump��on on the prer�ises only. He explained that a"i;eer store" meant an establishm�nt for the sale of Ueer, cigars, cigarette��, all fo:�ms of tobacco, beverages, and sofi:, drinks at re�;ail. Mr. Brunsell said 'ne thou�ni; this would probably control the situation �:hey had as far as thai;, one application for an on-sal� beer license. Chairperson I3arris asked how the beer store fit into the zoning dis�rictss and P�9r. Eoardr;an said it didn't. He explainc-.d the problem they ended up �viih now was that, befor� tney gave a de�inition of a tavern in the ordin•�:nce, and that ta�rern related to tne C-2 dis�ri.cts ,anere it says bars and taverns. He st.ated they had cY?anbed that to make it Specl.al Use Permi�L, and righi no.r �.hey tiaere sitting with bar and tavern under S�ecial Use Per:r�ii; in C-? dis �ricts r�ithout a definition ol i•rhat a bar or tavern is. �ie said the only thir.� tr,e� fell Lac'�c on was the bar and tavern lice:�sin�. He expl.ai.nea a bar ti:TUs the sale c-`_' 3.2 �eer z�Tith no entert�inme�t, a tavern wrs the sale of 3.2 becr �ritt� li�e entertainmen�, and a liqu�r license related to food. � 2�9r. Brunsell said they �•:ere also in the process oi ioo�:�'.n�; at the tavern ordinance because a tstTern licei;e�e ti�ras issued. w:.ere trere ���as live enterta�n~.e:��, and it might be either «n or.-saln li�uor estab7ishrnent or � beer es�abiish:��..t:�. ' For instance, he sai.d, Georges in Fridle,y had a tavern license because tt�e�� had live entertainmez�t. � , � Mr. Bergrr�an said that his off-the«c�ff reaction saas that so:neone rad come up ti*ith a netia name called "beer store", and he couldn't identif�� ;3ith that. Iie sazd he ki�ei,� i:rhat a tavern t�*ass Tr:hat a bar iaas and ti•�hat a restaurant ��as, but questioned i,�hat a beer store was ti�at could apparently enco:�pass a.ny or aI? of ' them. lie said the de�'inition ti��as ah�lcwarl, .=�id he coul:�n't relate. ,�ith the title "beer store" or its definition. P1r. Brunsell said he thought he ?�ad the same impression, but after h;r. HerricK explained it he thought it �•:ould werk. He stated it was someihing he had never heard o£ before himseif. Chairperson iiarris sa�d he H�ondered �£ there was somc sort of I��nt:,z,aE;e t.hu�, ' could be poss:bly incorporai,ed as part of the definyt:ion of a �eer s;,ore to tie it i.o the zoning ardinance. P1r. Boaraman said in other �rords, where t 'tt'n the zonin ordinance and where is a beer � ' �� , is the control on beer s ores �ai ii • � � store nllotaed? Mr. Brunsell su�gested that maybe this �*as where the word tavern should be used. He explained that they were probably going to end up chan�ing tl�e tavern license. to say entertainment, as that was really wilat. tlicy were trying to license there. Mr. Bergman said that the definition of a beer store left him cold. lie said a beer store tiaas defined as a pl.ace thai sold beer, oi�arettes, candy, toUacco, etc., t�:d to him that n:eant if a m�l sold beer only it was not � i�e�r store because he was. not seZling tob�cco nnd cr�ndy. }3e said that to lii►:i a beer sture 5 P1 � Plannin� Commission Meeting - September II, 197b Page l� was a place that sold beer--period. 5N Chairperson Harris noted that actually a dru� store sold_ all of those things, but not for consumption, and the problem was the ordin��nce ciidn't say anythin� �, about consumpiion. 1ir. Langenfel� �aid ttiere were definitely a].ot of implical,ions there. II , Mr. Ber�man said he wouZd like to back up a moment and as)c what the probler� :•ras . with the Planning Comrnission's recor��nend.ation on ordinance chan�e. t•Sr. Brunsell , said he thought there i•rere just othcr parts of the ordinance that had to be � �one over. I°ir. Harris cortmented that wtien the;� looked at the ordinance they had ].00}ced at it from a zoning standpoint, nnd hadn't 1��'.:en into considerat;cn � the implications o.f.' enforcement or administra�ion. i�Ir. Peterson ccm�ented t},ey � had also been eoncerned about tne teMporary licenses, Special Use Permits, etc. Mr. Boarcirlan said that the ordinance gave a definition of z•rhat a beer stcre was, and under that the�e here licenses required. c;e stated t�ere t�;ere reguzar on-sale licenses, ter.;porary on-sale licenses, and off-sale licenses, ��d al? of those �.ould be classzfied under ceer store. He said_he.iaas a bit confused by this also, and tiiough�c �he deiinition of beer store did.�'t re�lly fit w��h regular or.-sal� and could also fit eouall.�T as iaell for o� f-sale. I�ir. ;3run: e{? corn��riented that, he thougilt the idea :�aas , that the beer store taould L-e a 3. 2 bar. , Chairperson �iarris said he took it that this particul.ar ordinance t,ras spea'�cin�; str:ic':ly to 3.2 beer, and i�ir. ::ru.isel� said �iia.t t�ras correcz. tir. Harris said he ti+as iaonderi.ng about the sale of 3.2 b�er in a liquo,� stcre. I�:r. Brunsell said they could sell stron� beer unciei° �tl-ieix� liqu�r ��c:ens�, 'out � one of t�1e liquor est�blis'rimen�s did have a 3.2 3icense so tliey coulc� se�l beer on Sunday. � � ' � � � ' Mr. Langenfeld noted that it sta.ted no minor sha1� be permi�ted to consume beer on the �icensed premises, and then on p���e 1� in regard to clubs und�r Subdivision 5 it stated that no rninor sh�11 consume beer �nless in the company of his parent or guardi�,�z. :-ie stated that see.ned a bit peculiar �o him. I�irs. Gabel noted that Subdivi.sion 11 stai;ed that no,r�inor s��a11 have beer in his possesszon taith the intent to consume it Zt a place other �han the household of his parent or guardian. She commented that seemed to leave it open. Air. Ber�;:�an asked if it ti,ras the Plannin� Cor���?.ission' s purpose to revi.eia a proposed crdinance c}l��ge, and I•ir. }iarris sa�d i.t �aas. 1�ir. Harri� said the ttiino t.ha� tro:ibled hir� �:as he had t�e feelin� the,y had �one t:�rou�}. the worr: of tryin,r, to tie it t,o the zoni,�U co�e, :+h� ch :,ras tt�e ori�znal idea, and ai! of a sudden they got it untied fror� the zonin� code. ,�9r. Brunsell said 'ne thought 1•tr. I�arris had brought up a good point, and suggested possibly guttin� this aside to see it the3r could come up with something that would tie into the zoning code. He said that maybe by that time the tavern ordinaiice would be far enough along for the t�,o of them te �ti�ork together. Chairperson Harris said that perhaps thev would ti�ant to take a look at ttie tavern ordinance from a zoning stv�cipoint also, and added that he was sure it could be tiandled somehow b,y de�inii;ion. Mr. Peterson asked if it woulcin't be better .f�r tlie other ordinances to use the lan�iia�;e thai tiaas used in t.tie zoning orditiance to make it consi:�teri rather than chru��;111€ the zoning ordinlnce. 2ir. I3oardman stated that ii was just a Plannin�; Commission r;eet,ing - �eptember E3� 1976 Page 50 matter of brin�in�; the def.init�.ons to�ether. He said he did see some problems with thn dci'inition of a beer store as it was too va�ue. ' Chairper�on Harris stated that another point {,hat was brou�;ht tip was whether it was consumed or not consumed. }Ie askeci i£ they were sayin� a beer store was a�;rocer.;� store or a drug store. rir. Brw�sell said he didn't think that was the inicni. He said he �,hcug}i1: the intent, k�as to dei'ine the beer store as a tavern where it �as consumed on the nrernises. Iie explained �;he,y could issue off-sale Iicenses ar.d it didi�'t have to be a beer store, �ut it had to be a l�ona fide club, beer store, exclusive an�sale liquor store, restaurant or hotel ;,here foac? �:as prepared to be :issu�d an on-sale license. He 531C� they coul� issue an c`t-sale license to practically any�ociy. �ir. I',oardr:s:n com�r,ente� th�t he �;houUht they ha�i better chan�;e i;he deiinition the� ilad of a beer store. i�Jr. Boardma.n explained that the zoning ordinance didn't have a dei'inition of �avern. .'rie sta±ed tnat tn� �irst tir�e the ordinance ��rent t'r;rough the�. defined ,•,Pat a tavern ;�;as 1:nder the eeer ord�nan^e, and b,y defin �n� tr�nat it was under the beer or:?iria.r_�e it �•aas �icd to tre zonin� code that sa�d a tavern was allo;�:ed in a C-2 district i�rith a Special Use Pcrmit. }Ie said it st�ted you cou1: ha:�e 3.2 beer in a tavern, but it �,�ould only be allo:-red in a C-2 Disiric� w�tn a S�eci�l Use Perr:iit. T?r. Bruns�ll as�;ed if tiiat shoui�n't be in the zcn?ng or�ina.:�c� rather th�,n the licen� �.r.g, and i;r. �oard:��ax� sai.d the thin� the�r had io Go not�a t-ras correlate definit�cns. I��ir. Brunsell conunented tha� he cou?d see there was a:�r�ble;� ea�t,h t}I?.s. I��lOTI01; b-. Pe�,�„�ot;. s�^.o�:r.ed b�,r B°r�-r:��t�� �tha� t::e ?'_l..ann�r:r� C�mr.:�.ss;_c:. r2.uest t�11E'. v.1_Z.; 1�17:''� � �O �.��F?� 2.�.i;�_C:1 07i .11.'� 02'C11` �C;C•E,'' Lii?l.i_L Ei)i.':t� SQi:%Jlii:.i �C..n__••••.• C�.E3I'GC�� �lp 1?i�"� �:1= L.^. �:f?:� 7.Cli'!.l�' 07':�-_fl� ;��" l.i'i��tl <i VO1.Cp zi0�.�^� c__'J. VO�;ll1r� ct-3 e �-i� ':� :,_:� : C2 _' �'1� u i;Tl��l � i�:01.5��� Chairperson 'r'.arris declared a recess at 10:1� P.i•�. an� reconvened �;he meetin� at 10:1t0 P.I•;. DISCUSSTI:'� Oi� SL�':;��' Fi�LIC�' OI�' T:-I� CIT�' rir. Ber� ^�an stated i;hat ne thou�hl: it ti�ras very clear. He �aid th2�t i�L re�.d �:hat• each appl�cation for a buildir.g perr�it shall be accompanied b�• a Certificate of Surve�r, draa:in�; ea• ; lat. 1?e s�id tliat thcn iri the iollar�ing aara�ra.ph it r. ead tha� once tt�e co::s �rt:etion of the fot�nc�ation h=�d been ccm�letcd, a Certific.:�te o�" Sur�'cti- ;.-as needed to see �t}iere a pers��n built, :,���erc�.s a:.:ra�.�in� would do before. rirs. Gabel said that in lookin� through �the Agpeals Convnissian minutes, in � most. cases she fuw7d t'�at t.he Staff perso�lnel thaic went to the site �.�as able to d�ierr.�ine fair].y accuratel,y ti.�here the lot li�ies were. ' ' , J•ir. Boarc�man said thai the Cit�� Code read ;.haL all buildin� permits r�ust have a sitc permit, then, after thc rot�a�t�o�z �,ras in, must have a verifyin�; survev. He s�.�ted that in ordcr to maintain the intent af' thc City C�de as written W? �t)1011t: putt�n� tin i.nordinatc� burc�en on tiie citizen bec�use of the cost oS the surveys, �i Plannin� Commission rleeting - Sep�tember f3, 19'76 Pa�e 17 � 5P ' the City had been following since 1969 basically the following thrce steps on surveys: Z. All new construction requires a ccrtificate of survey and verifying , survey. ' ' � � � � , � , � ' 2� A11 addition:� or accessory buildin�;.�•---surveys are not required if the constrtzction is 1'-,, times the rec;uired dista�zce by code �rith the wril;ten conser.t. of the adjacent propE:rty oymer. The reason behind this is i;o tr-y� to maintain the intent of the Cit,y Code 1,*itnout inordina�:e � The very cheapest survey ( new plat with ��ell- burden on tl�e citiz..n. defined property linr,:�)costs approximately y200, and some More difficult surveys h�ve been as muc!� as $il>00. � ues�s i or � ari2ncc;s in most cases require a survey. Ho��:ever, 3. Peq . requiremeni: nas been t�:a�ved by the Anpeals Comr�ission or recommende � by Staff to be ,•:aiveci 1•rhen the addz�ion fol_l.a::s generall�• t�?e �G=`:e line of the exist�n� s�Lructure. and approximaLC di.stance can be determined. � I✓tx, Iiero an said �h�t his prope»tST stakes �•;ere exposed, so if he war? �ed to build sc;:ethir�g near ihe lot line there ��Tas no question tahere the line V:as and he s'�oulcin't .l��e to snend �200 on a surve�T. I�ir. Board.m.an said titat the prob�.ern ti:as the s�:al:es so:�.etirries get movect. 1��ir. Bergra�.n said tze agreed that to re;;uire a sur��ey �lanketl,y �a�-� burdenso��c in �cn.e c�.ses. Chairpe�'son I�arr�s said it didn'�t both�r hirn if they }:net� pretty t�:ell t•rti;ere the 101:� lines �tierc�, but a case and point ;ras t.*he're a�eritlei�an ;laci ��jO2rdman a�aha.?_e i>a.c'.� anc.i he ::-asn' i thut sur� �:here ]zis lot lines ��aere. i•�r. said 1;}ley had a�.•: ett;�' go�d ic::ea �.n �hat case �ah�re tlle lines t-:ere 'aecause he had a ri�ht-of-,��;�- fence on tl:e back lot line put there by the State Highwa.�r i�ep�rtmenta "r. Bo2s'dmUn sai.d that in this case the man had ag.reed to mov: �_ti i�ore tl�an double tlie rea,uired distance. Mr. Bel JI 1U1+ said that in the interest of minir�urn gover. nment ir.terference, if a perso.i c�,�rze i�� �tiith a rec�uest to build �u�ionedUto addlalfootn n�aa aad�aor � but not a certiiicate of survey, ��d got; d to t more an:i he built th�1t out build� ng, if there 1•�as a.n error with r��ar ��E t,rould be his roblem and nobody elses. 1�ir. Boardr��an sazci tha`t property line it P he could cor!e back to the City because �;he City approved the building per�it and that locatien, .�.:id it was i.he Ci�;y' s r�sponsibilit�r to check out all tt�e thi.n� , beiore the bu; ldin� permit was issuecl. So, he said, it. ti��as possible ,, -, ,,,�� t the Cit,y at so�Te point in tii-�e. :iottiever, �`::. ���1'�►�-r'� that it. cot.�d cor:� �" � ublic t,otild be pe.nali�ed ior added, it ��ras a cuestion of to khat extent the p that ctia.nce it migh.t }lapnen somewher�ionhastto where theysfelt1vtre property ired surveys they used pretty good aiscre line «as t�nd that type cf thing. Mr. Ber�man said that then the City took a riskCO�recduceli�hJaidsittwouldtbe propert.y o�•:ner, and P•:r. Boardman s�id tna�otiJ�rt;ies needed surveys «ith no far casier for the Cii;y to say that aIl 1 �'� that if someone questions asked, but it would he prett,y hard to justify W�nted to build an ac�dition onto his kitchen and his kitchen was ri�ht in the Planning Commi�sion �ieetin� - Septembcr B, 1976 Pa�e 18 , � Q ' middle of hi� lot. 1�Ir. Boardman said he felt the risk was diminished be.cause of the amount of data they had available 1;o them. � Mr. Ber�man questioned item 2 on page lj6 of the a�;enda, which stated that once construction of the foundation had becn completed, a certificai;e of survey shotaing {;he location of 1;he foundation 5r,a11 be rcr�uired. I�Sr. Boardman said �.hey dicin't follotr that on �zy oi the addit�.ons or <.jn,ythin� like that. }ie said that :�ould require the person to .first of a17. get a survey of the property, and a.ft�r the foundation was in he would have to E;et that resurveyed. Air. Berg:nan said. that :•rasn't laliat �he code said, and read 7.t.em 1 �,T;iich �aid "Each applica.tion for ?,. �JL11C�lI1j,T ner:�it shall be accom,r,anied by a Cerl;ificate of Survey, dra�ring9 �r plat". i?e said th�.t meant just a sketch would suffice. He add�d that a per.son could bui�d a.foundation based on a sketcll, but then the coc:e said he had to hatre it surveyed to see if he built it, in the ri�;ht place. . , Chairperson Harris said that second i�;e�� taas really ):ind of silly. He cited an incident i;hat happ�ned near his fo�ks' place �•;here the baserr.ent ti,ras already in bef'ore the,y fo�:nd out tnere ��ras a foo�: mistalce. :ie ?sked �:hdt could oe done t}:en�-move �Lhe wt:ole base..�ent? I��ir� Boardr:�ar' said in some cases ihe Cii:y , required them to c�o that. I:rs. Gabel said i;ha� mista!:es hanpened a lot o.� tir::es �.:�d they just carae in and got a vaz•iance, I•ir. Ber�;man stated that ne t.h�u�ht if a ce� tificate of survey was going to be rect.ired at a)_? it should 'r�;. ree-t�ired i�eror� ecnstruc �icn :��.s starteci. ISr. Lar.�°nfelc. as}:ed_ ?:r. �o�r�.-��-� :�oi•r he V:�uld fe�l ii he taas buildi.ng a hoi,.e u.r�: t,r�.s renu �reci to hnve tt�ro surve>'s. I�ir•. i�oa-rdr:��1 said. af' l�e L:as bui.ldir:, a net•r home he lroulci have to nrve a surve;; an,Y�-��aaY, but i� he iaa.s builciir� an addi-ti.or� he taouldr'-t like it. 2•ir. Pete�^son aslced if the ori�;:�nal sur�Tey �.-oulcLi't s;�nd up, and �:r. �oar�r!<:n ansv:ered tnat a l.ot of titnes i.l-,��re wasn't 4?Z origin��_ survey or the orig.;nal surve�r t•ras lost or �Lhe CO:".par�y t,�ia� did the original surve�* ti•ras defune�. ::r. Ber�man said he had no quarrel i-yzth the descrip�,ion of the i�ray it tras handled, a�d it seem�d reason�ble to him. TIr. Boardr�an said �}1at in the case j•rhere �aritten consent of i;he adjacent propert�r oT•mer ::Tas reauired, he theugh� that perh��ps there should be an upper limit of tc•ro or t}.ree tim�s i�.hat �-Jas rectia.red so tliey could z7�ai:e t7ie construction without• the con�ent of the adjacent property owner. i�e said tnat the ti�ay. it w�s no�.� if a person wanted to build an adclition �.o hi.s house and didr�'t have it sur�-e}fed, tY.en he has to ii�:tTe the conser.t of the adjacent property otimer re�ardi.ess of 1di1LI'e r,he add:;.t� on t.�.s on the lot. I�Ir. Langen� e:ld said that even ii the pre�ciz'. adjacei�i, 7�ropei•ty oi�mer gave his consent,, r�e could I'IOVE'. out and the new o,mer could ha<<e it: sur�'cyed and raise proble.ns. Mr. Boardman said i;here hadn't been any cases where the City had been taken �,o court. since this taas adopt,ed in 19�9; there had been a few cases where there t,�ere some riiscalculations and in ,nost cases they were required to go for a�•ariance. iie said i;hat in t•hose ca�es where Sta.f1' felt ther� mi�;ht be problems, triey did request the applicant; to have a survey. Mr. Lan�,enfeld asl;eci if it �,ras cori•ect t!iat if a fence wAS on a property for fifteen years i�, was an esi;ablished property line. P�fr. Peterson said he aicln't I � Plannin� Comm�ssion Meetin� - September 8, 1976 Pa�e 19 5P ' think it had to be there for 1> years� and 1�Ir. Boardman said he thought' it was seven years. Chairperson iiarris a�recd, but saa.d he didn't think that reall.y held water. Iie exglained it didn�t reall,y mean that anyboc�y had ' received ownership of tnat; all t.he Cartw�.y Ordi.nance said was that once it was established over seven years they have the right. of egress. lie stated it didn' i; mean it beca�:e public right-of'-way or part of the other per ;on's � proper�;y or anyth�.n� ].ire that. l�ir. I.an�;enfe;ld said the �rray he h�ard it, it w4s the e,tablishrnent of the lot line. i�1r. Peter�on J41� no, it just r►eant he couldn�t force you to tear do�m the fenr.e ai'�er a certain number of years. ' Mr. T�oardman asked the Corunission if they i��ould feel more cor�fortab].e if was written policy concez�nznf; surve,ys� an� Cha�_rperson �Iarris replied it tiras a good idea. :�e said that possibly at som2 po�n t of tim� they mi.ght ' challen�ed, and it lt�ould be good to have it establish.ed in t��rz�ing. I�tr. Boardma.n said the purpose of .thi.s po.lic�r t-;ould be to try to r�aintain the in�Lent or tr�� Cit;T Code without inordina,nt burden on the citizen. I � � this get lfr. Board:ran said that at the next meeting there t�rould be so:n�thin�; drat:m up as policy on this. d CONT�.?ULD: R':CO:�"�°":'IDt;T_i.Ci3 0:1 CITY CO',«Ri�rZJTTi:G �1,0�0 TO FT:;� �u `�'� COi•i;iI1'1'r, � GYIc'llY'1�P,1'SOn Har. ris remi.nded -che Co; �mission �,hey had aslced. t� see a budget on ��,il�,t t}�e Fine ��ts Cora,^�ittee t��as goin ; to �a ;,Tith �L}ie mane�-. He ��s.'�ced 2�1rs. She� tYha� ?,ras meaxit by a negative vari�nce o:C �;'s ar.d she sa:id �re :��asrr� L .familiar k'i�1�11 tl�ato ?�.�^. Harris a1�o noted �cizat b�lo;-T that t'iere :,ras a negative z-ariance of 16;�. ?�ir. Boarc'u-�uri sa�_d ihe:y had probably bud�eted or. 1000 and onl�r got 839. Ai�^� Langen_feld said it ��:as his opirion on the negai.ive variance o�' 1 o that �;he�r cculd ilave that ]_ect:a3r eith�r t5ay. i�ir. Harris referred to the 1977 �.ndin� Source Reqaest on page 65 of the a�enda and asked if it Y78S going to ccst ��600 for those proc.actions, and Mrs. Shea said it z�roulci. i�,r. Harris asked if tney had �o ret�zrn pa: t of that to Cor�l:unit�� Schools, and :�irs. S}i�a said ihey didr't because they 1•rere part of Com;n:ulity Scliools. Chairperson }:arris asl:ed ho;•r ��re11 they did oi� the last. play, and ,•Srs. Shea replied the}� }�ad �1,000 l.eft over �re:� t}ieir total rec4ipts. :�ir. L�n�enield sai:d th�t t•;hen �h� s hact been discussed last i.i:�;e, he t?:cu�'�t they last mcneti� on �;lie l�.st produ:.t;ai:. i`rs. Siiea said the,y lost r�oney on the first prod,:c�ion, but noi; on i;i1e second. Chairperson Harris asked where this money c�,�e i'rom out of the City bud�et, and Tiz•s. Shea said she believed it would come out of contingency. 110TI0�T b�r S�1�R� secondcd l�,y Ber�man, ihSt. the Plannin� ConLmission reco;rmend to C:i.�y Counci7. approval of a contribution t� the I�ridiey Fine Arts Committee in the amowii; of �1,J00. Upoii a voice votc;, a].1 votin� �Ye, the ::otion CAT�ried 11I13711I11O1131y. � 5S ' CONTINUED: DISCUS5TON ON AFFIR,��ATIV}; ACTIOPd PROGRAM WITH APPROPRIATE S'PA}�'F Pl':i�S0;1: . 1�1r. Boardman stated that he had talked to Jan Konzak on this and she had talked ' to the City 2�;a�Zanger, and they had corne out wit,h positions on the faur motions by Human Resources. � Mr. Boardroan said the first motion ►.�as to accept a statement that said "It requires firms with wh�m it transacts business to da liker:ise". �In oi;t-.er words, he coni;inucd, in order for thc� City to do business i•�ith a firm ii; would require . that firm to not discriminate i.n hiring practices on the basis of race, sex, ' etc. I�1r. Boardman said it was decicied that Fri�ley already had one of the strongest affirmative action prograrns in the `I'�rin Cit,ies because they had designated �oals and timetables laid out. He said tha.t t�e word "reouire" � would be difficult to enforce, and there really was no major distinction bet�•:esn encoura�e and require; therefore they taould leave it as encourage. ' 2�ir. Eoardman said that caith regard to the second motion to esta.blish a trainin� progra.m to qualify protected groups for zdvancement, the City already nad an � educational assistance progra.m in �,�hich these educational progra.;-�s were evaluated ' on their current position and also anticipated responsibilities and is han�led on a case Uy case basis. He said they felt they had already carr�ed out t,he intent of that motion. � I�I J � � � � � � ' , ' Mr. Boardr;a.n s�t_a.ted that the thir� motion i•ras to establish specific percQr.�ag� goal.s for protected C1GJJeS ir, each job class and a semi-ann�..al repor�'t be m��de of thc preg: ess to i,he Hu.^��� P�esources Go;n,^�iss�.on. He said thGt they .fe? t t'riey had already provic�ed this because the� nad set �oals and tir�etables in t't�eir Affirrnative Action Pre�r�m. He said ti:ey do not make ar,y t�rrittetl reports, but. tl�ey did report to the Human Reso�si~ces Cor�imissioi� as reaues �ed. He explained that tf�ey ielt ta designat;e :it as a serni-annual repor�; was not really necessary. hir. �3oardman said that the fo�r�h motion invcl�Ted tt�e corunitmeni to seek placir,g of persorxs in non-trad�twor.al job classes, such as men as clerical workers, �aomen as police officers, and so on. T•ir. roarriman said the�- �:ere alread�� �l'OV1G1T1F; more than adequate opport�ani;,y for t'r�is to take place. He said �;he City ��ras not discz ir;inating, but. it just so happened that to date they had not had any men applying for c]_erical posit,ions. He said that as far as police officers went, this was handled by the Civil Service Commission and to dai;e the women had not score� hi�l� eno�:�h to p:lace, but it was possible for a woman to become a police ofaicer. Mr. Boardman si���.�narized by sayir.g that the Cii,,r I�ian��;er and t}ie Affi:r�a�ive Action Of�icer felt that t}iree of the n;otions ��ere al.reauy being carried out, and in the other they felt that "require" lJOU1C� be di�ficu:.t to enforce and "encoura�e" stood up to what they were tryin� to accacnplish under the Ai'firrnative Action Progra�n. Mrs. Gabel asked if t.here was a written Affirmative Action Pro�;ram other than w}iat was required by 1aw, �nd I•Ir. Boarciman sai� there was and it listed the goals Fu�d timetablcs. ile st.;�i.ed that most citi es had Affirmative Ac�,ion Programs but their �;oals nnd ti.metables were very vaguc, whereas the City of Fridley�s wei•e not. 1'°'"�; , � �l � � � � � � � �I � ' � � � P�.annin� Commissian t4eeting - September i3, 1976 Page 21 MQTION by Peterson, seconded b,y L<3n�;enfeld, that the Plannin� Commission concur with the Stat'f Report as the official policy of the Pl�i�nin� Com:�ission. U�an a voice vote, Ffarris, }3ergman, Langenfeld, Peterson and Ga�el voting aye, Shea vating nay, the motion carried. COTdTIlr1�ED: DTSCUSSION ON G;�?I�GE RF.C�UIRE;;T�I�TS FOR ;?r:C,L� 1�'A::II:�' �iC`A!F,�: Continued to Septernoer z[, ly"r COPdTII;U�D: Hli1�i%�N D;VrLOP?;�:'�T GOI�LS AND Or?JFCTIVES; Contim.ed to Septemher 22, 197 RECEIVE I�10TICL ?:RD F;AILT;•;G LTST i�0u A PU�{LIC r�i'sARi'iG 'r�:LD I" �P�Ii�:G LiiK� • Pk:�'r; O:�l l�liG���T ?_3, ? 77—�— 1�10TTO;v b� Langenfeld, seconded 1�y Bergman, �;l�at tY:e Pla.r�inc Cor�-°1'ss:.cn recciz.c. �;he notice and mailing lisi #'cr a Public }?ear•ir.� held ir Sprin� La �e Par : on . August 23, 1976. Upon a voice vo�te, all vata.i;� aye, t;z� mo�;.on carr�ed unanimously. TIr. Board:�.�=:r. e�.plained this iter.� ��ras on tne agenda to Iet t: e Co�:.�eission %nvtti= wha}. was happening and that the�: liad notiiied the peo�?1e in : riciE��� �:.a� wo�z�.i be af:ected by this. H� said t�»t as iar us Cz��r Staz{' .rer.�., he ::-��..'t �a�e 3t1�y*• j%� oble_� 1-Tlt:�2 l�i�':c`lt �;�"1�'�" b:G?"� 7�.?.2"LT711:� 'G[: (�O. }iE; E'.a�?' -=1i1�'� t.:: �`v L:li �.78S oii' of G:�ci Central and Os��orr.E; ?o�zd., a�d ;_t i1��. been re� oned nn+, _!.or,`_ GJO from industrial to co-rLnercial. �In said tnat no:a t!-Ee;y- �,•�re askir.:, fcr a Stiec�:a� Use Perrr.it to d�velop a r.e:�_C,t'D�I',^.cod si�o; pi:�:; cent�r. :i: descr;:-�� ;:�e pre, �.���,y as being 1�11. fee�, East oi �ld Ceniral., and Pd�z��;:: of Osbc�ne. Chairperson iiarr� s asked if the.re had been any repor.se �'rom ar:ybo::y, and ?•�r. Boardr�aa7 replied �hey had some resnonse on the rezonin�; request yr:d sel�eral oi the geople had atterldeu t;3t r,eei,in�, bzit t•he,y hadr�' L�,n�.- re� ...^^��� �n �h� Special Usr-. Perr;lit. I�Ir. Harris �s':ed if t'tie ptapla �aere gen�ra�_1�- 0�_4.osect o�^ in favor of �he rezoiiing, and ��;r. :�oarc�nan sai_d the�r h�x�s:'t g�tt��:� a read�r�; on that. REC�IV� E:�i\lIRO:'t?=���;'�'^? �L'tiLTTY CO?���tIS5?OP� '.�1IIv�UT��: r:UG:'cT 1?z �o�r, j'':Y'. RAT'1'1�1? �t.3t.E'C: r:c !JO;;ld li;:C t•O CO.'ll'lE?Ilt t�71t 122 :'C <;:C� �t?�'_ ::�:C I';.?i:�.:?::S OI1 .�?i;e �1� ne F;Ot ��1� 1C1�7; CSSI.�I3 i,i73� tt:C:;ber� Of .•Pi' �L'`''1V27'0:��1;c::tal ..J^ti�itiS`�_:;:7 ltir:'C asking City �ldministra�ior2 to recor,ti�nend the content of ��i� ordinance �zd t:ier. ihe Fridley IIlti*ironmental Corunission Monitor and contr. 01 co:7plia�ice of that ordinance. He said that seemed t.o him t,o Ue the exact reverse oi no�•: �his process 1.Tas supposed to operate. TSr. Lan�enfeld replied he didn't feel that. He explaincd t:le int.ent of the n:o�,ions was to �:ei•ely �ick up the environmental highli�hts withiri th�se various ordinances ax�d incorpora"te them in a model ordinance for Fridl.ey, which tney� ho��ed that� Staff woulci provide. Atr. Ber�man asked khc>re ttie recornliendatioiis hexe from ih� F;h�}ironrr��n�al � Conunission d�scribin�; what the,y �Janted in thc ordinar2ce frar, a policy view. htr. Lan�;enfeld expla:ine� thai ti�hr�i: they w�zn�.r.d w�re the saurces oi ir,farrnation such as t}��e Golc2en V�zllcy ordin�nce, the Coo�a liapids Coi�sor�Yancy i?i_strict ' 5T � ' , � , � ' , � P].annin� Commission Meeting - September 8, .1976 .� -- Pa�e 22 5U Ordinance //37�, arid so on. In other �rords, he said, they gave Sta£f 1;he prerogativ� to pick out the environmental sensitive elements of those particular areas to incorporate in an ordin�.nce for the i�vironmental Commis�ion to revieir. He ' explained these were merely �uidelines to help thcm. Mr. Boardman explained that they wanted Staff to draft a comprehensive ordinance to take the place of Chapter 212 and that it t�e prese.nted at ihe nex� Environmental Quality Comrnission meetin� 1'or their review. He said that instead of draftin� one, they had received a model ordinance from I°;etro Council and would sur,mit that. I�Ir. Lan�,eni'eld said that they thought they �rere goin�; to get onc in the first p�.ace, and taere trying to get some direction �oing to continue this. r4r. Bergma.n noted on pa�,e 50, under Review Chaper 212, �hat the �virorir��ntal Commission reo,uested they : evie�� a7.I �.ctivitie� prior io issuance of a perr�it. He said that pui them in the day�to-day compliance of it. ?`r. Langenfeld explained that tne Coru�ission �elt there should b� some type of control GT1 this even thou:gh no ordina:�ce exists. t;r, Bergr�an asked if �,his should ?�.e by CoMmission rather than City Staff, a.nd r1r. L2n;enfeld re�lied only for FYivironrtnntal revie;a. He surr,marized by sayin� the;�- hoped to �et an orainance drat;m u.p, and would then re��ie�r it and provide thPir reconmendati�ns tc t:�e P:Lanning Comm:�ssion. He adde.d that no�,a they had t�e metropo:tz�;�n mociel ordir,ance which they tiaould review �d see tahat ti�rould work for this par'�icu�ar area. iie eaplained the only other tning in the minutes tdC'T'C a couple of typos, �Thich he taou�_dn't take the time ;;o correct. riDTTG:: bJ Lan�enfeld, snco:�de(� D�r Ber�;ma�, that +he Plaannir:� Co:,�nissio� receive f.�12 'L`�'1V�ron:neiztal. �uali �y l.Ci�Ll:1SS1G21 lTtlilli;:"v'S Oi �:ll�l.2S+i. 17 �� y I�. Ti�pGI'l u Vv1CG vote, all votin� atire, {,i.e motion carried unan�.r�ously. rfr. Langenfeld iriformed t.he Corruniss�icri tha.t tr.e East River �oad Proj�c�• Corruni�;t•ec � would be meet•ing th� fol�_o�1in� evening, September 9th, and ;•rere gcing to siibrnit a proposed .plan far East River Ro�d. He invii;r-.d zn�rone interestied to atte� d. � � � , � i 1 Nlr. Bergman noted that the East R�ver Road project Com^�ittee ;t�as a projec�; eortm� ttee wi�hin the Environmer.tal Co�:,r,iission, i:i:icn taas a rae.r�ber co^:missior, chaired within the Pla.nning Corvnission, Iie ask�:� how it iaas Lhat the p~oje�t committee dealt ciirect.ly tvith the Cour.t,y riightiaa,y Department. ?�Sr. Langenfeld �said thcy had the ri�ht to go to any source they j�.ished to obta�n the info::�ation for their cor�nittee. rir. Bergr�an said he t'nou�nt i* was to propose a p1G.n to the county, whicn the Plas.ning CorL�ission or the Cit,ti� Counci�. r�i�ht di�a�re� with. I�Ir. Lan;enfeld said the comr;itt.ee wa.nt�d t:o slo�r i;he traffic up on Last River Road and the� had dra:m up a F.ronosed p1 a� of the ����* the resirients t:ould like to see it�. Chairpersen riarriu as'.�ced ii t:�,e,y- .•:ould Ue uispcised to subi':it it �;o the Planning Com:aission for revie�:, and i•;r. Langenfeld explai�ied t.tiat this meetin� �.�as taking place tamorroti,T night. Tir. iiarris ce;nmented ihat it seemed th�y were getti�i� the cari; before the horse. Mr. Boardman su��ested to rir. Langenfeld �:hat he ma,y have to ride rein on this a little. iie said that ��roject cor,unittee cras es�abiis'tied io come up �,�itl� recommendations that ceuld be carried oui, by �he Planning Ceru�ission or the City Council. He said they ��ere not. set �ap to �o out and r;iake proposals and offers to the county or the �ietro Council er the �overnment. � , � �l Plannin� Cammission i•�eeting - September 8, x976 PAge 23 5V Chairperson Harris stated thai t}�e group coul� go as a ci.tzzen's �roup anyplace they wan�ed, but if they were representin� themselves as a subcommittee under the Plannin� CorrJnission, they were out of line. He said that they �rere then representin�; the Plannin� Commission, and as spokesm��n for this Commission he objected to that. lie added that if they �rere going to represent the Planning Commission in these rnatters, then they better get concurrence from the Plannin� Commi,sion; and if they Frere going to repre�ent the City Council in these matters, 1;hey better get concurrence from the City Council. �- l�Ir. Boardman agreed tha.t they could take their proposal as a citizen's group anywhere they �ranted to, but as a designated pr•oject corunittee undcr the �vironmental Commission they had obligations to meet to t;hat Corn��is�:ion as set up b5r the scope of. the project comr2ittee and ��rithin the scope of the � City ordinance. :3e said their. function ti�as sirnply a funeticn oS' rnalcin� a repori; back to the ��vir�nr::ental Commission. l��r. Langenfeld stated that it had started out fine, and wnat too_� place was they app�rently had gotten ahold � of an existing pla.r► to co:�ple�el;- revise F,ast River Road and didn't �o along �rith it because of safety iactors a�d speed, ar:d had drat;�n up a coun�er �ropos�^7. to present to the ccunty to see i1' they could come to a rr,utual agreement. , � � � � ' ' ' � 1fr. Boardman said if he iaas t.he County E�gineer he wou].d tell them i;o get the concu� rence of the City Council. He added ttia�; if it �o�s too m�zc � f;zrt:�er the Plannino Corlin�ission mi�h� have to reouest t}1at the �vironr�enta� �o.�ur.issian pul]. in the reins on them or dissclve the co:nmittee. ?;r. harris said tnat then they„ could operate as an ad hoc co:nmii;i;ne, and that would be per.fectl,y fine. NIr. L�,njen:Celd stated 'r:e 1�rould hav�� to tel.]_ the proiect co^L-�itt�e tra� tney were .rurn�.;�� a littJ.e rneact of t.�en:selves s and_ '�:r. �?ar. ri s said i�ie YIU111a �ers�nally rea]1y like ti;ne to 1.00'r, at the p1Gn and stuuy it. Mr. Boardrn�:�?� said the proposal �hould be loo,ccd at from the �viron:�ental Co�nmission level first, so they co��ld make, recei�mendations, a.nd Ch2i� person Harris added that he :�rou�d certain7_y like Ccnz-n��:nit,y Pevelopment to look at it also. i�;r. Ber�man agreedJ and said it ��.as rnucii broa.der than just environ- mental. REC�I1'E PARKS A*<J RECi?LATT�:`' CC�;�:r�I5SI0P: ?•?T',:tiTF.S: ALTVU�T ?3, 19,6 MOTION by Feterson, seconded by ,r,abel, tha� t.he Plannin� Com�.iission receive the minutes of the �u�ust 23,. 197� Parl�s and i?ecreatic�n :reetin�. - I��rs. Shea noted i.hat undcr t�,e r.ei�ribOT'i�00C: .;;:h�o,n�i �tees a, deadline �:•as re1'erreci t0� cil1C� c'i."iKE'C� !�'Ii3V t,i13t• C�c-'11.L ia�.5. i'LT'� JOc?I•ci:n�.�z .`>?ll: 1L :vii,:+ SC?jii.��'.l�ET' �( ��1. Airs. Shea noted they had sent out letters for resident input and nop^d to hear from pcople, but that slie hadn't seen an�;thing and had ,yet to hear of anybody in her neighborhood �,,ho had heard anything. Afr. Boa.rdrnan said tliey had not gane to every resident, but had .ent out 600 surveys. Chairperson Harris ref'erred to the St.aff Reporh. on Riversed�e Propert�� on ' page 59, and �sked if there laas so;7e proposal L�y somebody to buy those lots. 1•ir. Peterso�i said yes, �tie,l� t}1011�;�]t 81� they had to do �•;as-�;et the Parks and Recreation Conv�iission to a�rec to sell them. He said ti�ose people hadn't , LJ , ' �_l � � � Plannin� Commis�ion Meeting - September 8, 1976 Page 2� realized that it was a bid procedure. 1�r. Harris asked what the intent was on that particular• piece of properi;�, and 1�ir. PF:terson replied there were no plans at the pre:;ent time. Mr. I{a.rris asked if' that land was maintained, and Mr. Peter,on said the City was supposed to cui, i;he weeds. Mr: Harris commented that the general topo�raphy did not lend it�elf to a park. ?�r. Peterson said that one of the ttiinc,s tha.t r:��i �;ht happen Frould be that some picnic ta�,les and charcoal grills laere put in there. Mr. Peterson stated. that the Recr.eatiotl Project Coramittee has really done a terrific job, and hopef.ully �L'r.ey woulc? get a lot of inforraation. lie said they had inv.ii;ed peoo7_e to apF,ear before tnern and give tes�.imony, had the school people in, and hac' really done a lot of ;�orlc on it. He added that some of the qualii;y oS �•;ork 1•ras �;oin�; to b� muc� g: eater thzn otners, but r;ith 1Lt ditferent projeci, co.vnittees t�ror;cin� this sur�ner on Parks and Recreation, i.t tiaas a f'eat in its�lf. � Nr. Berg�a� com.m4nted. �that he kculd '�e in �erested in seeir.g wnat area 13 came up with, because as re a.~�d i•;rs. Shea agreed, �hey were the_largest so-called neig}�borhood wi �hin t,he r�ap. He s�id this includEd Innsnruck �outh of' Hv,�. 69L�, t�ihich i•ras c i�ei.�1��bOI'hood 2�y itse]_�, the area he iaas i_n including Inn �b:uck � I`.orth, �,d extended :�;��� r,ort':z from therc:. He said there were at least three neighbori�oods in �rh�.t i•1as called one neignborhood, and tnere was no cohesion bett�aeen t�em. � UPQN � i'OIC� V"u'1'r; j a7.7_ votinL aye, the TZO±�� en carrie:i L�nanimot•..�iy, , D.T.SCUSS Dl�i'� S'=,P rCR JOTidT P•�.�'�s"i'II��U ?�iI'i'?� T:1�, �1TY Ci`L':vCIL OiI Zi0 FOOT LO`�'S hir.. �r3oard��::,..� sa�d ti1� � if the}T l,:n�ed to ciiscuss this a� cne of �he t,*orkshop � meetings, the ne;:t one i.�ould be I;ovembe: 22nd. Otheri�;ise, he said, a special meetin� ti�:ith the Cit,,• Counca_i could be reques ��d. ' Chairperson Harris asned what i�;rs. Sc}Lnabel's status was, and ;•irs. Gabel inform�;ci hirn that s}.e ;�ras havin�; so�e co.,:plic xtions. She said that the date of Idoveir,ber 2_2nd crn�ld be se � ter�i:.� tively, and if there �rere furt��er problems it could be resclledt�led. hire Bo��r;i.�;an said that t�Tas fine, and ��ould tentati�%ely ' set up thc date oi' ?�over�ber ?_?, 1976 for the joint meeting. ' LJ � � ' ' 1?k;��isIl.'�; COF1.' 0�' °ROPOSED i�;�T:�;T�:�T���� � CODE rSOTIOi; b�� T,�n� �^n,'���.c:, secoilded U�T Sllea, that the Planning Cor��iss �on receive the proposed maini•enance cocIe. Upon a voice vote, all voting aye, the motion carried unanimoLSl,y. Mr. Bert;man commented t.hat he ihought this nroposed code should �;o to applicable commissions. Ho,:ever, ne s�iid, prior to sending it to commissions some revieta and directiori frot1� ti�c' P�.apI711�� COTi.'ti1SS7.01] shouid go along with it. STAi�I' ])I�CUSS7(?`� �•�IT� '1'taE P1•,'�N�iI�G CO'�1'•IISSTON ON i�A?lOUS ITF'•;S Mr. Boardman said i.he Cor.uni;:sion probabl,y noticecl thlt rcceiving of the minutes 5W � F�" °� � 1 � � � lJ ' ' , ' Planning Commission Meeting - September 8, 197b Page 25 was put in the back of the agenda instead of the front because entirely too much time was being spent on receiving the minutess and the 1'ublic Hearings weren't started until 9:00 or 9:3�0 He said another thzng he wanted to bring out at this time, although it wasn�t so bad at.this meeting, was that the nitopicking on the minutes was getting pretty awfulo He said that, for instance, typos and thi.ngs like that could be passed over without any commento He said that alsos unless an item was specif.icaZly requested to be brou�itt out by that Comm�.ssionf he felt the i.nformaf�ion could be picked up by each indi�vidual r►ember without having to restate itemso He said �hat he thought the only items that should be broughi out were items that needed action by the Planr�ing Commission. Chairperson Harris said he felt that should be up to �he d�.scretion of t�he member Commissionerso He said he �ould see at certain tirnes they would wish to clarify their position or pexhaps �hey felt the item was important enough that they wanted to bri.ng it to the attention of the Commission. Mr. Boardm�n said he just wanted to bring this up� as this was si.mi.lar to the way the City Council handled ite Aire Langenfeld said h� would like to bring up wha� PiSP was doing to Fridley's trees, He explaine�i they were takir�g the t.ops of the txePs of�' and just letting them�h�~�g thereo He further explained they would �ake off a major limb and then maybe � dead one� and just 1et it hang in open space. P•ir. Harra.s sai.d there was a real problem expecial2y when they �Y�ere trim-ni.ng elms. He said he wished NSP ��ould have cor�e to the City first when they started this program with�a propasal on what they were gozng to do� He added that he understood it was a major maintenance probleme �ir. Boardman asked if they were cu�ting the trees withoui: the proper repair , to the limbs9 and rir. Haxris said that was correctp especially with regard to oaks and elmse rSrse Gabel said Vhey wauld cui. a limb off and just let the bark tearo , � � ' � , ' Chazrperson Hax°ris said he could understand NSP's problemf but tishen they were going to s�art a major project they should come to the Citf� He added that the trouble was they had subcontracted this out �o a private tree trimmer. Mr. Bergman saici tha-t it was NSP°s xes�onsibilityf and an execu.tive of NSP that he had talkAd to recently was very concerned about this. rir. Boardman commented that NSP had a certain image they were trying to maintaine t�r. Langenfeld said that in his own personal situation, two very �ood shade trees had to be removed entirely because of the way they caere cliFp�d. ADJOURT�-�1�T s 1•SOTION by Langenfeld, seconded by Bergman, that the meeting be adjourned . Upon a voice vote, all voting aye� Chairperson Harris declared the Planning Commission meeting of September 8, I976, adjourned at 12:15 P.rf. by unanimous VOt�. Respectfully submitted, � �� � 5X ^�� � i: � �tR ipt NtK' �� �,.0 � �o, �,,.,,.s,�. N ,. ' � A: f ��' A •/ . � • S � - � � �Mfy V�� 1 }q p 1 ' -(r,� .1 � : `� n r-- ZOA #76-04 �"-�E' � l�="�°"J f oA,_ ,'� ;�. � �4�' . _1 � Gordon Aspenson �'S�� •f�%�. �� , � '± �; Rezone from R-1 to ,•' .- � ` r ..' t ' k " . r . 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KE 7- 363'P `� � 1�� t� (� � ���� �� �� s� I� �� �� �`�i� � � : � � $a�a TesT�No L/Wd PV.NNIIVO _ �.,�. - . � :� • /`-f SS J J l � � � /T � J . � � -7 - .-. .--+.r ��t� ' M r �. � � �` : � ;� � %Y f / : �i �_. � ✓ � T� 1 "'� . _ -- -- �_�...��---___. _.f__� ____:: .._____ r. � _ _.� f . - - a� . �.'� %� ; , � �_ ` �� ✓� /` ; � r-'�'- �„ ' . � � �'. �` ( � � � ' � W !„ 1 � '+3 4' � � +` f �' t � � �`vl ;E � 0 cx 1,�, � ,� .--. . _-- . �. , 1 �� i �4. y � � '�1-�\� - / . '. \ , , � � � �`� ' , te°�C"`' r ^�: rv � ly �^r�• �►`e,'. 1 � ' �'�' �� ' - � 1 �i� � � ` � f 1- y ' � i 1 ` < n/ _,�; � t 1\ � � '. �; � � � `�� -� M � ; ,,•,, ~•� r � ` t� r, �� \ } � i �, � � t . ��_� � ��. . _... _ �� ,+ .— ���,,�_ v �. �� f !/ � -�j �. r,1 f K.' j� -,,� ;...�i S �'f !`�,` � J i 1 / �� � � � � � { ' s` - f � � t U � � ^�' � ' `� � L � / ' ' � :� ' , . _' � �' s--�7- �r � _ •—f'• • . _ �:: ,-: ^ . � c_:,' . � r " �.'� ..� _. � /� :_ _" i i` G.. i',',r.:.._ r`-1 1� ', . . .'R �i!r i . WE N"cREOY CERTIFY TFtAT T►+t5 IS A TRUE AN� CORRECT REPRESENTATIO!�! Of A SURYEY OF THE BOl)NpARtES OF THE LANQ ASOYE DESCRIBED ANO OFTHE LCCA710N OF AlL BUILpINGS, iF A1.lY, THEREON, AND ALL Yi5t8LE ENtROA,�NIv1ENTS� �F A�Y, FROM aRON SAtO lA1vD. ���pER ENGcNEERlNG CO., lNC. • o�TFO TK�s a.�a� �� - .. • �.o.►�g �' � ET�I��NHE:LS ►�Np SuRVEY�RS . i � � �/ , /' � � � f ,�,,,•f , f.: I ' G . . .1 ,,,,. r ' .. .. " ._........,..+• . ' . ` . _ . t= I v L �. L�'� �a�.ett� o t�l�.e at�ts �_ �itieatet, ��ZU,sic, a.�t, da.-n.c�e- f � �2GC�f �� �G�2� �J�l-2�� �����2I72GLL�e 1976 BUDGP'r REPORT A. General Administrative B. Theater Subcommittee C. Music Subcommittee D. Visual Arts Subcommittee � ,1g76 Theater Objectives Stay Wi_thin Budget Total At�,endance 1000 5 p� Current Bud�eted Actual Expenditures �200 $211.78 2250 200 Z �Q 2269•31 0 ivegative Variance l� Aci;ual. 839 - negative variance 16� 6-30-76 1=���LL-�� s�� pai.ett� o t�tie arts -- t�tiea,teL, �n1u:sic, a.�t, d�.��c,�- f ��ic��e�� �i�ze �2�� r{�d��z�n� t�ee PROPOSED 1971 BUDGET Jvrr� 1976 �EVISZON A. Coirmsittee General Administ,r�.i;ive EScpenses B. Theater Subcommittee 1. �eneral Administrative E�penses 2. Cormnunity plays February 7'� production a. sa]_aries 1200 b. preduction costs set construction properties costumes publicity tick�ts makeup 500 200 3oa 250 25 �25 2500 C. Music Subcommitiee 1. General Administrative F�penses 2. Hor�orariiuns D. Visual !�rts Subcommittee 1. General Administrat.ive �cpenses 2. HonorariUms • COMMITTEE TOTAL �200.00 F� �� Sep�ember 77 Production 1300 2500 300 150 250 200 25 25 225Q 150 350 I00 200 800 350 550 450 50 5� 4800 r�� 300 5800 1=1�IV L' L�'� �a�.ett�- o t1�.e arts -- t�tiea.i:�r, ��ZU,sic, �.it, d.a.��ce- f ��cr(i�e� �{��ze �2�`� �°d��z��z���ee . 19�'� �'unding Source Request City oY Fridley Cammunity Schools I'ebruary Play Production Receipts September Play Production Reeeipts 1976 Play receipts Carried Forti:ard Total Funding $1000 1000 1300 1500 1000 5�00 5 DD � � 5 EF PtaitlL; A.NU RrCPJ:A'!'I0:1 COi��iISSIOv r1EETIhG ��UGUST 23, 1.976 � Nf�M'3rRS PRLSLP?T: Iiob Peterson., Dave Harris, Leon�rd Muor.e, Jan Sec:�er. � , MI:i•'�3LRS t,�SL.NT: Harvey Wagar OTIIERS PREST'NT: Charles �oudreau, Parlcs & P.ecreati_oi� Director , Ray Weitbrecht, 690 Ironton SC. i�I.�. . I?oy li. I:lingUezl, 8199 I:ivervie�o Terr<ice Nicholas Gara�fa, 6750 ,1on�-oe St. N.B. Chairperson Peterson calJ.ed the meeting to order at 7:40 p.n:. lgPFRGD.LL 0Y' JULi' 26, 1976,_'r'r>RKS & R�C�:Tt�TI0:3 CO��"'i7jS7:C'.�: i�fl;�L'TES T10T:i0N b�� Dav� Harris, secondecl by Leonard ?�oore, to app;-ove the ;�inutes as ;•rri.tte� oi: the Jul}� 26, 19%6, Parl:s & l:ecreation Cein�:�;.ssion r.�eetind. 0�'�:� rORU,,, VTSI'.LORS i�ic?�olas Gaz �; fa - 6750 Zlonroe St . N.E . Mr. Garaf:fa was at the meeLinb to present a].etter to the C��m;.lissiar, for th�ir consider:tion. 1'he lctter �a��s addressed t� Air. C. rouci�-��au and d�;Led August. 23, i.�75. Tir. Garaffa staled th� t the D.r.L. District �a6 is planni_i��; a da}'-l.�n� c.��lc�br.�tion on Satur.clay, QctoUer 2;�, 1.976 . The pl �nned ev�.nt ���il l i���l udc an �if t�rnoo�; par�:ide 1C)].}.p'•P�(� 1:�� Sil ('\'�'-tllli� 111LC1:lllb. The C'\'C111114, lilci'Llri�� 1S l)7:Gj?��Fi:Cl t�� lii' �lC1G 111 :i lar�;e e�hi.Uitic�n-typt: tent. Ite iel.t. the mec_tin;; ;:���uld ci�.�a•,� u��opl.e frc�;n th�� :�'r��'�t:er Fridley are:i. The mc�etin� �aoul.d not be a fe.e f�tnction, �ll1L: UL'tt(?I7:� toill br sc�lcl to offse.t thc. cosL- of the function. ihcy ���ill h�;vc sl�cakcrs frc,r.i sr.:ii_: , fcci.�r:i�, and loe��l. afiic.�s . I�c� snzd Ch���� are as;;i_n�; th� Commissi��.l if this .>vei:t C(ill bi� hi�).d at Conm�on5 Yarl: in Tridley as th� parl: i5 in .i Locr�l izeci ar� ;z lo rhN pe.�,�l c in Fridley. TIOTT.ON by� D:ive liarri:�, secondc�cl l»' .T1t1 Se��;;er, to rc�ceive Pir. .�?;chc�]:�s (;arr�fl:,1':� lc:ttcr ;idciressc��i Ca Pir. C. Bot�dr�;lu, d:itcd, Octobcr 23, 1`)76. li��.m ;i v.�i.c.� v��tr, al l vot.i.nt; aye, Ch� m�,tion c.�rri��d wi:�nimc,us 1y . Pir. Har�-i:� sC�iLed he li:�:; no qursc.ic�n ,�huui thi; e�•ent h��.ins�, hc�lcl i.n (:,�ncn:,ns 1'��rk �5 ].OIlS; :1S 1C 1S CI�OI(�III:Ii:C:C� h'll:�l Z�lt1 2�:12a::' c�: 2ii`C]'L':iLl��ll p�'j�:iYlllli`i1C, i�LIL it�' :1?:;C� �c:l.t iL �h��uld bc+ l�r�':�rnt��d l�� (;it:y C��ti:icil Lirst.. '1'li�� 1�;►rl:s rr:ill�• li:����� b���•�i ll'Si.11Cl:c`d L'u tlt�l�� 11C E:V�i1tS , � � �.J � ' � 5 FF YAIZKS &_ RECRf:ATION t;O"fi�;T.SSION 1�11;I:T�NG, AUCIJST 23, 197G Pa �e 2 Mr. Pctcrs�n sL-aled L-h��t: the C;onl;ni.ssion has aJ.so alt•rays rc.quested a deposi.l of $1.U0 from ori�er org.�ni•r,a�ions whi.ch is returned after thc: gr.ouncls are cleaned up. He also stat'ed that October 23 7.s in the midd2e of thc fovtbalJ. su�son, an<] if Lhere is a confl.icC, L-he ever.t could not be lieLd in Comn:ons Par'�. T10TTON by Dnve Harri.s, seconded by Jan Seef;er, thaL the Parics & Rc�r_x�ation reconnnends to City Council that Lhe Council grant permission C�� D.i�.L. lli.stricL 46 to use Commons Parlc on October 23, 197G, �aith a$10�J deposit for cl.e�n-up to bc: refunded if tlie parlc is cleaned up per ciCy standards. Upo�l a voice vote, all voting aye, the motic�n carried unanimously. Mr. Peterson told r1r. Garaffa that he would be norif-ieci when his request would bi: presented t.o City Council. He thanited Mr. Garaffa for attending tl.e meeting. COidSIi�L''Rh:l'ION OF IT�i�1S I�OT OI�', P�r};P�D�. Mr. Boudreau stated that he had t�•�o items Lo report that were not �.ncluded on the agenda. They are from the City Attorney: l. Does the Ci_ty of Fridley have the authvrity to regulate s�ai_mmino in , Mooxe Lal.e? [Jhat liability does the City have to provide liieguarcls to enforce 1.estri_ctions against swinunin�? � ' r , 2. lleals with a concession-typ� of travelino vendor �oho is ?n co:��peti.tie'Z �aith the ric�oYc T_•ake concession stand and th:. �oo`bali ccnc_essioiZ s�aiid. tir, Boudr.e�u stated he has sample ordinances regardin.g tl:ese t�•�o irems w?iich should bz consi.c!ere.d, re�-�orke� if necesszry, and sent te City �ou;:cii. Mr. M�ore presented a letter to the Conulissioi< <�Tith tlie ioll.c�•�in�; pr.opc�s�:ls: 1. Tir . Moore s; ated that Mr . ltay tdeitbrecht and Ttr . Re}� n� i���hei 1 taho �aere • in Che audience wer.e irom his nei�hho�:hood. TIr. A�oore statt�d Y_hat he had met ���ith these gentic�mcn, othcr ne.i�t�oors, anc? t�ir. lioucir_eau t,*i_tli a >>roposal that I'.iverviccr Terrace be posted agcain�t parl:in;; :ir.ici the usc� of n;otoriz�d vehicles on the area froni tlie curi� to P.ivexs Bdge. Pi0TT0i� by llave ll�rris, seconded by Leonard Moore, that= t:h�: Parl:s � itecreatien � �:OII1D11:iSlOtt Y('C�I�G'StS L11�3I: tt1C? C3].l�C �it H1Ve]'V1(".� �J'i:lY�C( iro�n ti�TL' S�YI'.C't CO C�li'. river b� posted with "i�fot:�rized Vl'111Cit�'S Prohib:ited" si�;ns . Upoii a voic� vc�Ce, all voCin� aye, the moti_ou carri�d unanimou�i.��. ' � �J � Mr. 13oucir��ciu state� chzt iie would i�t:� Lo cL�.c.i� C11i� JIY�1ltcziiceG af�d ge.t +nore lii�Ol:ll:it1011 UD Lili_' ((UCSi:l011 pf ��RO ��1Y��1.11�;�� (�t'i �'1V�'.1Vli=\d Zc'Y1"�1CC. 11l' tit.ILt'CI ili' wuul�i ret�.�rC bacl: to Lhu Conunissiun uu tlii.� al' the Se1�C��inber me�Lin� . , 1 , �:il'o l. �nU(:'L'�:SL�.�..1f Fhz�):;�. Q. Recz,�:�-;';ton D;;r���.���,7,e ;L' 6`_,)1. Ur;i_vc-z�:;12y �`.va. ,'; �; ) • Y l�r•ic;i �u�, ;::��.. r� ,�.;t� _ �. I�:=�. p��'L — �'!;'I�t.tr;:7r:Y. J:��.!';�Gc;:.':� �J lJ ° cl..'•" i'!, 7' • �ar.�Q U. ::. 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'1'` 1�'�� " � " ` � i �. � 1: : � . m����.iit�� :'��U1L..i2�� �)G� �. fC^f� Zu1Z(;�_,�.()i1♦ It����i1.7_ r�ec�.vl.li'�� �.' � c�.L i c�; i, 1 I' C) ±:. �' � t_'. �l� �' � � l� ��: .. �. F:: i�� �. (? C:z � O�. f a. f' a c' e 7' :.. �.' •;; �p�.:lt._x.c:-�� ,.-; �.'1 �e int�,-,�. e�:���r. ..�. �� i. �r rnt.� -ic ,:,,�c �-�--�r; �--; �.� �..'':%�:��Un� �t-i:i.1 ;�Ei �iJ�Ci. t;() OT 'CBf; ;:ai� CC?^� '"�_., ,�'t.!:, !..'�:il�t�o �Gl':ry�'i� =E'-T;!:�.T�1 's�'1I1;'�Ci �' ;�' c-� � � - � ` �:.. 7c �.7" .£a�� o.'(_.Y E'CC'° i:�C� t::'; '1)IV1.t"n.�,:�_^il iJ �L�vtt?'� 1..' `,`:L .'•<<;;.,,: 1., ry`'"p-I ` 'j��•y ,, ..a- �:, `t; f-;r � �� , q ` ` ( t � 71 Q . _ i: =`; �": i i, C1. F� i v^' 1, t: '1 ,�? t'i t, L] 13 i, Li i� f', _r., l' �� 'v c i_ •=. I' C; i i1.GL'f.?1�iuiT1VG� ' a...! �. t�iG Ir:l �l�l�r'.C):;i�. .J _` �`:C�' !;�::; :)�_°1�L?• lJ.i. J: r.i ;r_ n�,i�l be ��sr�:_.'�:�.-ir�t�.�:'. _ . � � •_ ��;�.,,,, t�-,-�,1_y �-.,..,,;. , �::;� .., "�'�c�.;�7:�.s- ��...,,fF: �:. _� .1 C{_ `� t t�'�_ f. r- , ,`'� iy�.:' `, : tl:=.i:?,^,OI'c: ��' .., � `E'. . "�.`. �G :, c^ ��r, r , . ; �.; 0 �."cZ � i �- c: :: �` �� . , r` . �� . �'7'�.: :I �J's L:.,'"� o C�.`J�' ;tin � �r 0 , �� � FRIDLEY POLICE�CIVIL SERVICE COMMISSION Sept. Z5 � The meeting �ras called to order at 7:p.m. Members present - Jean Schell, Tim� Breider, and , Helen Treuenfel.s. � Advisors - Jim Hill and Karen Olsen (Labor Relations�Assoc.) � , Motion by Breider to approve the minutes of last meeting as� presented - motion carried. Old Business: Civil Service Regulations Mr. Hill passed out copies of a set of regulati�ns as revised by Cy Smythes Labor Relations Associates. Upon request, he provided the Commission with the ori�inal copy of the rules as approved previously by the Commissian. He did not have copies made for each member. Ms. �Olsen went over the revisions she had made, explain�ing why whe felt theti� were necessary. Motion by Breider to table action on these new rules until the next meeting - second by Treuanfals - motion carried. Job Classifications � The job descriptions requested f'rom all supervisor y personnel were nnt ready for our �xamination. Mr. Hill had not yet written descriptions for Lieutenant and Capt�in, and had not made copies of oth�r papers . , Mo�ion by Breider to table discussion until the next meeting. Motion carried. , Jean Schell noted that we have passed the deadline for fall testing for our eligi�lity rast�er, althou�h 2 vacancies do exist. According to the rules we approved last June, our , roster will be in effect until superseded, rather than for only • 1 year, but we should test at the next opportunity. Breider commanted on �he �.ateral entr� foasibility study �' stating that since the county has applied for a grant to do the study, ho pre�ers �to avoid duplication �f their efforst. ' � ' �� Sche7.l called for a discussion of the Treuenfels repor� to the cou�cil, and Mr. Hill objected that the Commission had no authority to discuss it oFficially. Schell asked permission to adjourn the meeting and disauss it off the record. Permission was granted. Meeting was adjourned at 8:�.5 p.m. The next meeting of the Police Civil Service Commission will be Wednesda y, Oc�. 6, at 7.p.m. Respectfully submitted Helen Treuenfels, Sea'y � Fridley Police Civil Service Comm. 0 CITY OF FRIDLEY MEMORANDUM T0: P�ASIM M. QURESHI, CITY P1APlAGER, AtdD CITY COUi�CIL FROM: Mt�RVIN C. BRUNSELL, ASST. CITY hiGR./FIN. DIR. SUBJECT: PUQLIC HEARING NOTICE - Cf{ARTER CHht��GE DATE: SEPTEP�IBER 23, 1976 The attached public hearing notice �vill set a public hear�ing date of October 18, 1976 on the item that the Charter Commission �,took action on at their September 20, 1976 n�eeting. tdCB : s h Attachment J •�� PUaLIC HEARING ON PROPOSED CHARTER CNANGE ' (OFFICIAL NOTICE) CITY OF FRIDLEY 7A There will be a public hearing before the City Council at 7:30 p.m. on October 18, 1976 to consider the following change in the Charter of the City of Fridley. Language that is proposed to be added to the Charter is shown as follows: � New Charter Lan ug age Section 5.03, FURTHER REGULATIONS. A lawful petition under this Charter may be certified, signed and circulated upon an ordinance to be initia�ed, an ordinance to be made the subject of a referendum and a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Niinnesotas and reasons stated in the certificate, are to be stated and noted in the petftion itself� A petifiion for any other purpose may be made in accordance with procedures established by this Charter or under p rovisions of law as may be elsewhe re pravided. A petition under this Charter shall be filed in the office of the city clerk as one instrument9 which instrument shall contain any instrument required, a copy of any ordinance proposed, cove red or affected, any other document (appropriate to the petition) and all the signature papers and affidavits attached in support of the same. A petition may be signed by any elector. A petition can 6e circulated and verified only by an elector who has signed the same. All the signatures on any petition need not be on one signature paper. The ci rcul ator oi� every paper sha11 veri fy by affi davit attached that he(shej �ras the ci rcul ator of the same S that each si gnature was si gned in hi s(lier) persence, and is of the person �hat same pur�orts to be and that each signer affirr,�ed that he(she) was an elector at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. The city clerk shall be responsible for determining the validity of �ignatures. If i'� i s o�v� ous t e si gnature on t e peti t� on i s t e si gnature of the person on the Voter egistration Card with wh�`ich the signature is com ared, the signature shall be counted as a va id signature, notwit standing the fact that the person may have signed the etition in a different manner w n the si ned the Voter Re istration Card. Before discarding a signature,. a reasonable effort shall be made to contact the person(s in � question to determine if, in fact, they did.siqn the petition. The insufficiency or irregularity of a petition shall not {�rejudice the filing of any new ' petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. ' ' � ' ' The Council may provide by ordinance such further regulations for the initiative, referendum and recall, not inconsistent with this Charter as it deerr� necessary. The city clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly fonvard such information to tiie proper authority for prosecution under state statues applying tl�ereto. DATED THIS 27TH OAY OF SEPTEMBER, 1976, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE, MAYOR ATTEST: MARVIN C. BRUNSELL, CITY CLERK Publish: Fridley Sun on September 29, 1976 and October 6, 1976 ' . ' � � ' ' � � � � ' �_� � CIiARTER COMMISSION MEETING SEPTEMBER 20, 1976 MEMBERS PRESENT: Raymond Sheridan, Harry Crowder, Clifford Ash, Ole Bjerkesett, Peg McChesney, Jcrry Ratcliff, Jackie Johnson, Kenneth Brennan, Herbert Bacon MEMBERS ABSENT: C�LL TO ORDER: Charles Langer, Elaine Knoff, Robert 0'Neill, Roy McPherson, John Swanson Chairperson Raymond Sheridan called the meeting to order at 7;40 p.m. f APPROVAL OF SPECIAL CH�yRTi,R �Or�iISSION 2•1EETING P1Iiv'UTES, tiUGliST 4, 1976: Mr. Sheridan stated that action on these minutes would be delayed until the next regularly scheduled meeting. 503. FURTHER REGULATIONS Mr. Sheridan stated that since the Commission's last meeting, he and rfr. Ash had met �vith City Administration and Mayor Nee. During the meeting, they �aere able to bring some of the disputed points more into focus and have come up �aith a recommendation W�11C11 will allow the City Council, if approved by the Corunission, to pass everything they have before them. The idea behind the meeting with Administration and Mayor Nee was to see if they couldn't keep the community on an even keel rather than have a dispute bet�veen the different bodies within the community itself. Mr. Sheridan asked Mr. Ash to comment on the discussions. . Mr. Ash stated that he and Mr. Sheridan had had a lengthy meeting with Mr. Qureshi, ' City rianager, and Mayor Nee discussing what, both he and Mr. Sheridan felt, repeated their position; ho�,�ever they did find a compromise which they feel really doesn't change the Conunission's position. By adding the following third paragraph � under Section 5.03 FURTHER REGULATIONS, this solves one major problem according to Alayor Nee , ' � I �I ' 0 •�, � • CI�ARTGIt COtM�fISSION N�ETING, SEPTEMBER 20, 1976 Page 2 7 C � ' � "The City Clerk shall be responsible for determining the validity signatures. If it is bbvious the signature on the petitioc� is the signature of the person on the voter registration card with which signature is compared, the signature shall be counted as a valid signature notwithstanding the fact that the person may have signed the petition in a different manner when they si�ned the voter registration card. Before discarding the si�nature, a reasonable effort sh311 be made �o contact the person(s) in question to determine if, in fact, they did sign the petition." of the Mr. Ash stated that this paragraph in no way changes the Commission's position-- it clarifies it. As far as Mayor Nee is concerned (he doesn't know how the rest of the City Council will vote), this would alloia him to vote affirmative on all the issues he now has. This includes the "highest number of votes" in Section 5.08. Mr. Bjerkesett stated that contacting the person in question should be done in writing as this would be more valid. He lias no objection to this paragraph and would be in favor of it with one condition--that if it is not approved by the City Council, the changes be put on the ballot in the November election. ' Mr. Ash stated that another thing which was discussed �vas the position of the minority groups of people who have a just cause and present a petition to the City Council. The City Council has the duty as outlined by the Charter and they neglect to act. He made the suggestion, which he thought �aould solve the problem, ' that L-he Commission should consider an aa�endment or section to the Charter on Petition cahich would say "�ahereby if the City Council does not take any action, that tiley present themselves to the Charter Commission and by, say, a two-thirds � majority vote by the Commission, the Commissicn �aoul�i be empowered to bring suit and force the Council to do their duty," Mr. Ash asked Mr. Sheridan if he had.checked into the legality of this. � � � � r L__ 7 � �, u � Mr. Sheridan stated that he had talked to Mr. Qureshi and through a conversation with Mayor Nee, that if the Commission's word was such that they would pursue this, they would sti11 have time io do it but not before the election this year; however, that wasn't important as far as Mayor Nee is concerned as long as he has the Commission's word that they are going to pursue it. Mr. Bjerkesett stated that he had never heard back from Mayor \ee regarding the meeting they were supposed to tiave with Mr, Virgil Herrick in which they were going to discuss what the concerns were regarding the various legal implications in this kind of situation and probably solicit an opinion from the Attorney General's office. He stated that if the Commission is going to make a commit- ment, they should agree with the concept that they �aill not act on it until such time as they have a legal counsel. The Commission agreed that they will need considerable legal research before making a determination. � � • , , � � , ' ' � CHART�R COI�4�'IISSION MEETZNG, S�PTENBER 20, 1976 Page 3 MOTION by Cliiford Ash, seconded by Herbert Bacon, that the Charter Commission add the following third paragraph to Section 5.03 FURTHER REGULATIONS: "The City Clerk shall be responsible for determining the validity signatures. If it is cbvious the signature on the petition is the signature of the person on the voter registration card with which signature is compared, the signature shall be counted as a valid signature notcaithstanding the fact that the person may have signed the petition in a different manner when they signed the voter registration card. Before discarding the signature, a reasonaule effort shall be made to contact the person(s) in question to determine if, in fact, they did sign the petiL•±on." of the 7� Upon receipt, the Charter Commission requests that the City Council immediately notify the Commission, in writing, of �ahat course of action they are going to take on this and on all Charter Commission matters before them. Upon a voice vote, all voting aye, the motion carried unanimously. MOTIOI�T by Ole Bjerkesett, seconded by Harry Crocader, that the Charter Commission, within the coming year, will search the City Charter and list all instances where the City Council is required to act in compliance with sections of the City Charter and tY�en thoroughly investigate �e.F'r.ods to enforce compliance by the City Council, with particu2ar attention to petitions presented to the Council for their action. There was discussion on this motion. Mr. Sheridan stated,.�in his view, this would give the Commission's intent to review this area in which some people feel there is a problem and possibly come up with a solution which is advanta�eous to the community. Mr. Brennan stated that a�vay to make it a little more definite would be if, perhaps, the chairperson would undertake to actually set up a mechanism within the 1 Commission to get something done on it. Tir. Sheridan stated that this could be done. He agreed it is going to take a � lot of time and �ae are going to have to spend some money on it. The Commission is goin� to have to select an attorne}� to represenL- it and be its legal advisor, h i'rst ro'ects given to him. � � �� � � �_J and this could be one of t e i p � Mr. Crowder stated he would like to see four or six people or some kind of committee set up to do the initial inv�stigation of going through the Charter and listing various places where there are problems, coming back to the Commission with them, and then they could get a legal opinion on each one. rir. $jerkesett stated that he wonders, for example, if a petition is presented to the Council and they do nottiing about it, they don't question it, they just don't act on it, if the Charter Commission doesn't have the po�aer to simply request the judge to remove all five irom office for violation of the Charter. � , r� � , � CHARTER COMMISSION MEETING, S�PTEr�3ER 20, 1976 Page 4 Mr. Crowder stated that would be one question which should be asked, but that there are other questions, too. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. Mr. Sheridan stated that, along �aith this motion, he will send a cover letter to City Administration and Mayor Nee stating that the Commission will be looking for legal advice. 7E Mr. Asn sCated that there was another matter of which he was concerned. He referred to Mayor Nee's June 18, 1976, letter in which there were a couple of references that Mr. Ash did not like. One of these references was when Mayor Nee stated,"I want to point out that on every occasion when I have given input on the question of the Charter revision, I have stressed this concern. I have pointed it out twice in �oriting." Mr. Ash stated that, to his knowledge, Mayor Nee had only written tne Commission once on tliis subject. He felt the Commission should respond to rsayor 2Jee's letter o£ June�18, 1976� Mr. Ash read a letter to the Commission which he had drafted to that effect. Mr. Bjerkesett suggested that it might be wise to request copies of the letters Mayor Nee has sent to the Commission, Ms. Mc�l��sney then drafted a letter which would go to Mayor Nee asking him to send du,�licates of the tcao letters he re{ers to in his June 18, 1976, letter on page 2, paragraph 3. After some discussion, the Commission agreed Ms. McChesney's ' letter was good and shouid be sent to Mayor Nee. � Mr. Sheridan stated that in his cover letter to the Council and Mayor Nee of February 23, 1976, he stated that it was the hope of the Commission that the Council �aould concur with the Commission's proposed changes and pass the necessary ordinance to put the changes into effect. Ho�oever, he said that any proposed � changes that the Council did not act upon, the Commission �vould put them on the fall's election ballot. After the changes are accepted by tne Council or the voters, a new up-to-date charter can be printed. , ' L�1 ' � � Mr. Sheridan s�ated that he would call Mr. Marvin Brunsell, City Clerk, referring him to this cover letter of February 23, 1976, that the Commission is going to put something on the ballot. Mr. Sheridan asked Mr. Bjerkesett, Mr. Bacon, and Mr. Brennan to serve as a committee to come in �vith reconunendations for a new attorney. APPOINT nO�fiNATING C0;•L�fITTEE FOR ANn�LTAL TiEETTNG IN NOVEMBER Mr. Sheridan appointed Mr. Crowder to head Che nominating committee and ,is. Johnson and Tir. Ratcliff to serve on tl�e nominating committee to report back with nominations for the offices to be filled at the •aiinual meeting which is held the third Tuesday in November (November 16, 1976). 'L'�3 � CHA,RTER COMMISSION MFETIPIG, SEPTEMBER 20, 1976 Page 5 NEXT NIEETING DATE: . The next Charter Commission meeting was scheduled for Monday, October 18, 1976. MEMBERS, PLEASE NOTE'. By request of the Chairperson, the meeting was scheduled for Monday rather than the usual Tuesday. AD30URNriENT : MOTION by Kenneth Brennan, seconded by lierbert Bacon, to adjourn the meeting at 9:�0 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, '77/k� G%(��� Lyn � Saba Recording Secretary c � � r �r- 0 r � RESOLUTION N0. 1976 RESOLUTIOh! CONFIR��ING ASSESSMENT FOR TN� TREATMENT AND REMOVAL OF TREES (1976) BE IT RESOLVED by the City Council of the City of Fridleys i�iinnesotas as follows: � 1. The City Clerk has with the assistance of the naturaiist heretofore selected by ttiis Council for such purpose, calculated the Aroper amounts to be specially assessed for the � - - ' �J ' ' �_J TREATMENT AND REMOV�L OF TREES (1�376) in said Cit� against every assessable 1ot, pi�ce, or parceT o� land in :.�:�__� .. accordance with the provisions �f law9 and ha� prepared and filed with �;he � �ity Clerk tabulated statements in duplicate showing the pra�er description of each and ev�ry lot, piece, or parcel of land to be speciall� assessed and th� amount ca�cu7ated against the sam�. 2. Notice has been duly published as required by �aw that �his Council would meet in regular s�s�ion at this tim� and place to pass an 1:he proposed assessmento 3. Said proposed assessment has at �11 times since i�s f�Ting been open to inspection and cop�ing b,� all p�rsor�s interes�eds and a.n apportunity has bf.an giden to all in�eres�ed pers�ns �o present �heir ob�ectionss if anys to such proposed assessment, or to any item thereof, and no objections have been filedo �xc�pt . _ . �;��,. 4. The amount specified i� �he proposed assessment are changed a.nd alte�°ed as fo]lows: � � 5. Th1s Council finds�that each of the lots, piecess or parcels of land enum- -erated in said proposed assessmen� a5 altered and modifi�d ►,�a.s and is specially benetited by the � , , ' LJ ' TREATMENT AND REPdQVAL OF' TREES (1 g76 ) in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the desci°iption of each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 6. Such proposed assessment as altered, modified, and corrected is affirr�ed, adopted and confirmed, and the sums fixed and named in said proposed assess- ment as aliered, modified, and corrected, with the changes and alterations herein above n�ade, are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 0 ��s Page 2-- RESOLUTION N0. 19�6 7. Said assessment so affirmed, adopted, and confirmed, shall be certified to by the City Clerk and filed in his office and sha11 thereupon be and con- stitute the special assessment for the .TREATMENT AND REMOVAL OF TREES (197b) 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same have been paid at the rate of se�en and one-haif (7x) per cent per annum. 9. Such assessment shall be payable in fiive (5) annual instailments payable on the lst day of January in each years beginning in the year 1p77 and con� tinuing until all of said installments shall have 5een paid, each installment to be collected with taxes collectible during said year by the County Audi�or. 10. Tne City Clerk is hereby directed to make up and fil� in the office of the County Auditor of Anoka County a certified statement of the amount of aii such unpaid assessments and the amount which will be due thereon on �he lst day of January in each �ear. � PASSED AND AQOPTED BY THE CITY COJNCIL OF THE CITY OF FRIDLEY Tt�IS DAY OF � ATTEST: 19760 � CITY CLERK - P�arvin C. Brunsell ' ' , P+IAYOR - WILLIAI�I J, f1EE � • � • M�MO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTIONS SPLITTIP�G AND CUMBINING SPECIAL ASSESS- MENTS FOR THE SEPTEMBE� 27, 1976 AGENDA We are requesting that the Council approve the resolution splitting the special assessments on Parcel 50, Part of Lot 4, Block 2, East Ranch Estates 2nd Addition. The Council has previously approved this lot split and the split has been recorded at Anoka County. We are also requesting that the Council approve the resolution com- bining the special assessments on Lots 5 and 6, Parcel 875; Lots 7 and 8, Parcel 890; Lot 9, Parcel 895; and Lot 10, Parcel 900, Block E, River View Heights Addition. This combination has been requested by Anoka Cour.ty. Approval of the combinatian of lots �s not required by the City, so we are requesting that the special assessments be combined. MCB ps � i � ' RESOLU7ION N0. - 1976 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 4, BLOCK 2, PARGEL 50, EAST RANCH ESTATES 2ND ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: '� That the assessments levied against the fo11o4�ing described parcel, to-wit: Part of !ot 4, Slock 2, Parcel 50, East Ranch Estates 2nd Addition, may and shall be apportioned and divided as follows: Original Parce� Part of Lot 4, Block 2, Parcel 50, East Ranch Estates 2nd Addition � ' Division of Parcel Approved Part�of Loi 4, Block 2, Parcel 50, � (Except Par�els 55 and 56�, East Ranch Estates 2nd Addition � � �! ' Ii , � Part of Lot 4, Block 2, Parcel 56, (East 200 Ft. Except N. 160 Ft. and Vacated Street Easement over S. 33 Ft. thereof), East Ranch Estates 2nd Addition Fund Regular SA SW #93 1964 Serv. Conn. ST. 1973-1 SS #114 Reassmt. of SS #102 Fund Regular SA SS #114 Reassmt. of SS #102 Regular SA SW #93 i964 Serv. Conn. ST. 1973-1 SS #114 Reassmt. af SS #102 ADOPTED BY THE CITY COUNCIL OF TNE CITY OF �RIDLEY THIS , 1976. ATTEST: CITY CLERK Marvin C. Brunse]1 Original Amount Paid $ 1,670.66 793.90 4,177.95 3,913.30 4,039.47 14,595.28 Original Amount Paid $ 2,274.95 2,666.05 Paid $ 1,670.66 793.90 4,177.95 1,638.35 1,373.42 14,595.28 DAY OF MAYOR � William J. Nee 9A II' i ' RESOLUTION N0. - 1976 A RESOLUTTON AUTHORIZING AND DIRECTIP�G THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 5 AND 6, PARCEL 875; LOTS 7 AND 8, PARCEL 890; LOT 9, PARCEL 895; AND LOT 10, PARCEL 900, BLOCK E, RIVER VIEW HEIGNTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lots 5 and 6, Parcel 875; Lots 7 and 8, Parcel 890; Lot 9, Parcel 895; and Lot 10, Parcel 900, Block E, River View Heights Addition, may and shall be appor- tioned and combined as follows: Original Parcels ', Lots 5 and 6, Parcel 875, Block E, River View I�eights Addition ' Lots 7 and 8, Parcel 890, Block E, River View Heights Addition � ' � ' Lot 9, Parcel 895, Block E, River View Heights Addition Lot 10, Parcel 900, Block E, River View Heights Addition Combination of Parcels Lots 5-10, Parcel 876, Block E, River View Heights Addition Fund Regular SA SW #13 Regular SA SW #13 SW #21 ST. 1966-1 Regular SA SW #13 SW #21 ST. 1966-1 Regular SA SW #13 SW #21 ST. 1966-1 Fund Regular SA SW #13 SW #21 ST. 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1976. . ATTEST: CITY CLERK Marvin C. Brunsell Original Amount Paid $ 70.00 Paid $ 84.01 428.38 284.53 Paid $ 42.00 214.19 230.70 Paid $ 42.00 214.19 230.70 1,840.70 Original Amount Paid $ 238.01 856.76 745.93 1,840.70 DAY OF MAYOR William J. Nee 1� LIST OF LICENSES TO BE APPROVED BY•THC CITY COUNCIL AT THE b1EETING OF SEPTEMBER 27` ,` ig76; �--' — - - ____� T TYPE OF LICENSE: BY: APPROVED BY: 12 FEL AUCTIONEER Northeast Auctions Lee M. Muggli James Hill 120.00 5973 3rd St. N.E. Public Safety Director Fridley, Mn. 55432 _ E�IPLOYEE' S LIQUOR DISPENSIh'G Patricia A. Peterson 2816 N.E. Silver Lane Apt. #309 Mpls., Mn. 55421 Janet Smith 5924 22 St. N.E. Fridley, Mn. 55432 Terri E. Savelkoul . 2670 Scotland Ct. #107 New Brighton, hin. Ruth A. Nundahl 1060 64th Ave. #2 Fridley; Mn. 55432 Patricia Ann Backstrom 1220 432 Ave. N.E. A9pls. , Mn. 55421 Kathy Lynne Pitala 7462 Taylor St. N.E. Fridley, Mn. 55432 Deborah L. Rees 6301 Jackson . Fridley, hfn. 55432 Carole I. Rivers 12100 Monroe St. N.E. Blaine, Mn. 55434 FOOD ESTABLISFAiENT (Temp.) A � B Chuck Wagon 7943 Greenfield Ave. Fridley, Mn. 55432 Page 1 of 2 Ground Round Maple Lanes Maple Lanes �Iaple Lanes ,. ,. Maple Lanes Maple Lanes Maple Lanes Maple Lanes Joan Berkas D1ary L. Allen James Hill Public Safety Director James Hill Public Safety Director James Hill Public Safety Director James Hill Public Safety Director James Hi21 Public Safety Director. James Hill Public Safety Director James Hill Public Safety Director James Hill Public Safety Director Steve Olson H�alth Inspector � �i 5.00 S. 00 S.QO 5.00 5.00 5.00 S. 00 25.00 LIS'f OF I.ICFNSES TO BE APPROVED BY T}iE CITY COUNCIL AT THE NfEETIh'G OF SEPTE�iBER 27, I976. TYPE OF LICENSE: SOLICITOR Cub Scout Pack 724 Kenneth Hall P.T.A. Kenneth Hall Elem. School Spring Lake Park, Mn. 55432 PaSe 2 of 2 BY: Thomas E. Sides APPROVED BY: James Hi12 PubZi.c Safety Director :.y 12 A FEE : 0 Askirrg Fee To Be Waived l2 3 '' �ULTIPLE U�JELLI��a LICENSES TO PE APPROVED: Perioci Sep4ember 1, 1976 to September 1, 1977 ' S UIvITS FEE APPR04'LU EiY: � O�JNER _ ADDRES � ' James Lund 1050 - 52nd Ave. NE 16 $21.00 R. D. Aldrich, � 2417 148th Ave. NE Fire Prev. Anoka, Mn. 55303 ' ,! James Lund 1090 - 52nd Ave. NE 16 21.00 R. D. Aldrich, same address as above Fire Prev. � JaLnes Lund 1120 - 52nd Ave. NE 16 21.00 R. D. Aldrich, same address as above Fire Prev. 'James Lund 1170 - 52nd Ave. NE 16 21.00 R. D. Aldrich, same address as above Fire Prev. ,Eric Segler 6550 East River Road 140 145.00 R. D. Aldrich, 19 So. lst St. Fire Prev. Suite 2307B " ' t4pls, Mn. 55401 S& S Tnvestment Co. 5475 Main St. NE 12 17.00 R. D. Aldrich, Robert Spong Fire Prev. ,1202 Pike Lake Drive New Brighton, Mn. 55112 'S& S Investment Co. 5495 P1ain St. NE 12 17.00 R. D. Aldrich, Robert Spong Fire Prev. same address as above ' Allan C. Mattson 120 Mississippi Pl. NE 4 15.00 R. D. Aldricti, 6270 Riverview Terrace Fire Prev. Fridley, Mn. 55432 � Allan C. Mattson 137 Mississippi P1. NE 4 I5.00 R. D. Aldrich, same address as above Fire Prev. ' Allan C. Mattson 157 Mississippi P1. NE 4 15.00 R. D. Aldrich, same address as above Fire Prev. ' , ' i � -. . ' ' � � ,: r� � �� ��������� �� '�� � � > � � _ . , _ . �, �!� . _ _ � � .—r � _ . , � � • _... __+�i—__^----� . . � -----�=� _ . -, MINNESOTA HiSTORICAL SOCIETY Mr, Nasim M, Qureshi City Manager City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr, Qureshi; 690 Cedar Street, St. Paul, Minnesota 55107 • 612-296-2747 13 September 1976 RE: North Park, Fridley, Minnesota Final determination of park development plan status The project described above has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the procedures of the National Advisory Council on Historic Preservation (36CFR800). This review reveals the location of no sites af historic, architectural, cultural, or archaeological significance within the area of the proposed project, There are no sites in the area which are on the National Register or eligible for inclusion on the iVational Register, and, therefore, none which may be affected by your proposal. I want very much to thank you for having had this archaeological survey � performed, The villaQe of Fridley and, indeed, the State of Minnesota, can be assured that the cost of park development will not include the destruction of important cu1tural resources. � , � i ' RWF/fr Sincerely, 7 / . ,; -- ��� �it� �� Ru sell W. Fridley ---L�-,( State Historic Preservation Officer ' EIS �6B124 Founded 1849 • The oldest institution in the state 0 l3 � C ITY OF 3� R LDLEY PETITIUN COVER SHEET Petit ion N��. 15-1976 Date Received September 27, 1976 object Residents of Hillcrest Drive request a street light at the to� ' � of street. ietition Checked By . Date , Percent Signing . Referred to City Council � Disposition - i { , + i � ' � � � � ._._ _�_.._._� ..._ .,..__.�._._. _. . ._.___._ � ' ' - -- --._ .. � __._.--_ _ . _ . _ ._.___.. _._ _ _ _..... ____.r_ �_. _ . 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' � .. ...._.... . . . :-.c' �'t 4�^:� C � 1 ^4..t�,l � . . . �✓ , -.:,1 � '.-;., ' t. �Y! � / � . ."_ �+ . . . . -- • • j / !..!.'F•• �..�. �i%/L� `.iL' !.�`Y�.. � ii .vC. � ! , , . .' �• �' , . ,. , ,. � ` , � .� ' .___ ''^� ;`Z .. d+' Lf� j/�/(i'+ e.J7�' f°-"L-�f / ���', ° " ✓`...�r.f u "�,../ � %.r i�• �f/ • /-+�' � , � � ,�+ � �'.. ., l,, . - . _ _ . _..__ _ . � W'Li.,t..�'� ���, C-•r �.�, l�`� 7., /�.t.-�E� dJC..tf .cr� �� s ... .r, -! r ,�t }� �-- . ... �*,��~, u���, �!�� �i'�^"� �..�"t''t-' /•� l�(/ /C�� CJ'�.� �13'� �y A � N I � ..____ : ��'� :t,C� . _G� ��a-�--.i /J ..s' � `1��/..c.�C'Gu�� �%2.- ��' ._ `t%�� n�-y,. . �3 j �/ f-�,�L��� 0�. � � �... . j ._ ' 1 _ ._. � 1. � c�. I �. -� I � ' ' CITY OF FRIDLEY PETITIUN COVER SHEET ' - Petition No. �6-1976 ' � Date Received September 27, 1976 ' Object Petition for sto signs between Nighway 65 and Monroe Street on 68th Avenue Northeast. . ' ' Petition Checked By Date ' , Percent Signing ' • Referred to City Council Diaposition . ' .. � � . ' ' . ' . ' � ' . ' ._ _- �'hia petition has been gathered, because we the Citizens along and by 68th. Ave. N.E., , r Fridley, MN. between Hwyr. 65 and Monroe St. NE are convi.{,�cened that stop signs would be a deterent to speeding and hot rodding at certazn times of the day. ' The week in which the City of Fridley Traffic Study was made, happened to be a very rn:iet week. ' ;'e ��:e peop2e der�and that acti.on be taken and two stop signs a.long said street be creeted befo�e soras gets hurt or killed. . =`� ' In an�•er to the last part of the City of Fridley letter dated Sept. 8, 1976, we bel3eve t.'�4t surveillance of traffic v�olations should be ma.de by citizens, but we do not believe �.':�� o�e should play Police and {�.z�y to enforce these laws. ' � � � .."`":;; ==:�TD�dTS OF AND ALOVG 68th. 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