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05/02/1977 - 5693ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING ► MAY 2, 1977 2£� � � � 7HE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 2, 1977 The Regular Meeting of the Fridley City Council of May 2, 1977 was called to order at 7:40 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � ROLL CALL: ME'riQERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMBERS ABSENT: None APPROVAL OF MINUTES: � PUBLIC HEARING MEETING OF APRIL 11, 1977: MOTION by Councilwoman Kukowski to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. REGULAR MEETING OF APRIL 18, 1977: � Councilman Schneider requested the following paragraph be added at the end of the item "Consideration of Installation of Street Light on Meadowmoor Drive." "Council- man Schneider stated that the residents in the Pleadowmoor area were unhappy with the City services they have been receiving. He noted the complaints voiced in the � A�ril 6, 1977 Planning Commission minutes and requested that the rest of the Council review these complaints. He said he hoped the approval of this street light was the first step in improving the City's image in the Meadowmoor area." Councilman fitzpatrick requested that the second paragraph concerning this same item be checked with the tape and rewritten to incorporate the general idea that he is concerned about a precedent being set. On page 10, third to the last paragraph, it was noted the motion was made and seconded � by the same person and correction should be made to show the motion was made by Councilman Schneider, seconded by Councilman Fitzpatrick. MOTION by Councilman Namernik to approve the minutes as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: ' Councilman Fitzpatrick requested an �tem be added under "New Business" for "Consideration of a Resolutior to the Legislature on Subject of Patrolman Salaries." MOTION by Counciiman Hamernik to adopt the agenda as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ENERGY MEETING OF MAY 3, 1977: Mr. Jim Langenfeld, Chairman of Environmental Quality Commission, appeared before the Council relative to the Council co-sponsoring an educational type program concerning energy to be held at the City Hall on May 3. — Mr. Langenfeld introduced Ms. Connie Metcalf who presented additional information to the Council about the proposed meeting. She indicated she had attended a simiiar � meeting in Edina in which a Professor from the college of St. Thomas presented information on types of fuels, uses of energy, and how supplies will affect the world. She felt the meeting was very informative and asked the Council's support - _ _ ___ --_ ._' � . _ _ . _ _ REGULAR MEETING OF MAY 2, 1977 � PA6E 2 in co-sponsoring the meeting, which is to be held ai the City Hall on May 3 at 7:30 p.m. She encouraged all interested persons to attend the meeting and participate in the program. MOTION by Councilman Fitzpatrick to concur vrith the Environmental Quality Commission's recommendation and authorize co-sponsorship of the program to be held at the City Hall on May 3, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FREEWAY BARRIERS: Mr. Leonard Kos, 5468 Altura Road N.E., appeared before the Council to voice his concern about the construction of the freeway noise barrier at the southwest corner of I-694 and Highway 47. Ne stated he felt the barrier is inadequate, as presently designed, in reference to the height of the structure. It was his opinion the barrier is designed to handle the freeway noise on the ramps, and not the general freeway noise. He indicated other residents of his area have expressed the same concern about the inadequacy of the barrier. Mr. Sobiech, Public Works Director, stated the barriers are designed by the State Highway Department; however, he suggested Mr. Kos' questions be brought to the attention of the Hightiaay Department. Mayor Nee stated the City would contact the Highway Department regarding Mr. Kos' Comments. B. 0. BROTTLUND, SP �77-03> 6435 37 EAST RIVER ROAD: Mr. Sobiech indicated to the Council that Mr. Brottlund had requested this item be tabled until he has had an opportunity to meet with residents of the area and; therefore, he suggested the Council may wish to advise any persons in the audience present for this particular item, whether action will be taken or if Mr. Brottlund's request will be honored and the item tabled. One person was present for this particular item and after discussion by the Council, it was agreed to consider the item in the order it appears on the agenda. OLD BUSINESS: ORDINANCE N0. 645 - ESTABLISHING CHAPTER 511 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPING CENTERS: MOTION by Counc9lman Schneider to waive the second reading of Ordinance No. 645 and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Councilman Schneider stated there is a bill in the Legislature which would, in effect, provide the same regulations as this ordinance. UPON A VOICE VOTE, TAKEN ON THE ABOVE MOTION, all voting aye> Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 646 - AMENDING CHAPTER 405 ENTTTLED CABLE TELEVISION FRANCHISE: MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 646 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: IDERATION OF F d ING OF AN ORDINANCE ESTABLISHI PTER 602 OF THE FRIDLEY Mr. Qureshi, City Manager, stated Section 602.11, Subdivision 5, should be changed to eliminate the words "unless in the company of his parent or g�ardian" and substitute the words "on the licensed premises," so as not to be in conflict with other sections of the ordinance. ._ _ _ � � � REGULAR MEETING OF MAY 2, 1977 PArE 3 Councilman Schneider indicated there was no provision in the ordinance to notify persons in the immediate area that a beer license is being considered. Mr. Qureshi stated this was discussed at the staff level and felt the appropriate control should be in the Zoning Ordinance. Councilman Fitzpatrick also felt, if an establishment intends to sell beer, residents in the ir�mediate area should be notified. Playor Nee questioned if there was any urgency in acting on this ordinance. Mr. Herrick, City Attorney, explained when the Entertainment Ordinance was adopted on first reading, one of the provisions was to repeal the ordinance on licensing, as it pertains to beer establishments, so while there may not be an urgency to act at this meeting, he felt action should be taken soon. MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to amend the ordinance by eliminating the words, "unless in the company of his parent or guardian," under Section 602.11, Subidivision 5 and substitute the words "on the licensed premises." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MO7ION, all voting aye, Mayor Nee declared the motion carried unanimously. TION OF FIRST RFADIfJG OF AN ORDINANCE AMENDING CHAPTER 603 OF THE FRI LI MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniFaously. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING CHAPTER 212 ENTITLFD MINING, AND REPEALINr, PRTOR CHAPTER 212 ENTITLED P�INING SAND A�D GRAVEL: MOTION by Councilwoman Kukawski to waive the reading and approve the ordinarice upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. CONSIDERATION OF REQUEST OF KNIGHTS OF COLUMBUS TO USE BINGO PROCEEDS TO PAY OFF M�RTGAGE ON THEIR BUILDING AND P1AKE IMPROVEMENTS ON BUItDING: Mr. Arnold Keller appeared before the Council regarding this request from �he Knights of Columbus to use bingo proceeds to pay off t�e mortgage on their building at 6831 Highway 65 and to make improvements on the building. Councilwoman Kukowski questioned if the Knights of Columbus would be coming to the Council periodically for similar requests. Mr. Keller stated they would have to come back with a request for use of bingo proceeds for furnishing the downstairs office. Mayor Nee questioned if the City receives a report on how the proceeds from bingo are disbursed. Mr. Brunsell, City Clerk, stated a quarterly report is received from anyone who conducts bingo games in the City. Mr. John Yenck stated the Knights of Columbus by-laws state that 10% of all proceeds from bingo must be transferred to the Charity Committee. He further indicated their auditor has stated they meet requirements of the State law, as far as meeting the charitable qualifications. Mr. Herrick felt the City should receive documentation from groups conducting bingo to show they are meeting minimum qualifications. _ _ _ _ _ 1 ,� JL REGULAR MEETING OF MAY 2, 1977 PAGE 4 MOTION by Councilman Hamernik to approve the request of the Knights of Columbus to use bingo funds to pay off the mortgage on their building, to make improvements to the building, and to provide office furnishings, for a total amount of $14,200, on a one-time basis. Seconded by Councilman Fitzpatrick. Upon a voice vote, al1 voting aye, Mayor Nee declared �he motion carried unanimously. Mayor Nee requested copies of the reports received from the Knights of Columbus be submitted to the Council. DISGUSSION OF POSSIBLE EXTENSION OF LEASE AGREEMENT BETWEEN CITY OF FRIDLEY AND ISLAN DISCUSSION OF A RESOLUTION IN SUPPORT OF BILL APPROPRIATING FUNDS FOR THE ISLANDS OF PEACE, INCORPORATED: Mr. Jim Langenfeld, President of the Islands of Peace Foundation, appeared before the Councii regarding the extension of the lease agreement between the City and the Islands of Peace Foundation. He requested the Council consider extending the lease for a 99 year period. He indicated the Foundation would like a lonq leasa agreement than it now has, and felt this would also give the Legis7ature assurance of the City's intent. Mr. Langenfeld also stated the Foundation would like the City to purchase the eniire Hayes lois or pay the principal and interest for the on-coming year which is due on August 20, 1977. He explained these monies could then be diverted to other areas. Mr. Herrick, City Attorney, felt the key is whether legislation is approved by the State to provide funding to the Foundation. If it is not approved, the questions arise regarding the August 20, 1977 payment, ar,d if the City is going to finance this out of general revenue funds. Mr. Herrick felt this was not the intent when the project started. Councilwoman Kukowski feit the item regarding the Hayes lots wauld be discussed at ihe Coriference Meeting and asked members of the Board of the Islands of Peace Foundation to be present. MOTION by Councilwoman Kukowski to table the item on the Hayes lots to the May 23 Conference Meeiing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. In further discussing the lease agreement, it was suggested a resolution be directed to the State Legislature in support of House File 15 and Senate File 100 for appropriation of funding to improve the "Isiands of Peace" and indicating ihe City's position regarding a lease with the Foundation to operate these facil"ities for a certain period of time. Mr. Herrick was requested to draft a resolut�on for submission later in the meeting. CONSIDERA7ION OF APPROVAL OF AN EASEMENT ENCROACHMENT REQUEST BY FRIDLEY METHODIST CHURCH: Mr. Sobiech, Public Works Director, explained this is a request by the Fridley Methodist Church to allow encroachment into an existing easement with the vacation procedure to follow. Mr. Sobiech felt there was no problem with the encroachment, as long as property to the west can be used for the new easement. MOTION by Councilman Schneider to authorize encroachment of the public easement by the Fridley Methodist Church until vacation proceedings are completed. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COh7MISSION MEETING OF APRIL 20, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Meeting of Apri1 20, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARK ME7ROPOLITAN INVESTMENT FUND: 7300 - 7320 UNTVERSITY AUFNUE, CAR WASH; LS #77-02 Mr. Sobiech stated this request is for a lot split�on an existing parcel of property located at the nortnwest corner of 73rd and University Avenues. He stated a special use permit was granted for this property in 1970 and at the time there was discussion regarding single ownership of the two structures on the parcel of land. It was _ _ _ __ __ � � I� � REGULAR MEETING OF MAY 2, 1977 PAGE 5 noted on the building permit that, if the buildings came under individual ownership, a lot split would need to be considered by the Council. Mr. Sobiech stated, in conjunction with this item, there is also a request for a variance to reduce the side yard setback from 15 feet to 5 feet. The variance request is also on the Council's agenda this evening for their action. Councilman Schneider questioned if there was a problem as far as driveway access. Mr. Steve Coddon> representative of Park Metropolitan Investment Fund, indicated there was no conflict with the driveway for the properties. Mr. Sobiech stated all requirements of the ordinance are met, with the exception of the side yard setback of 15 feet. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Corr�iission and grant Lot Split #77-02 to Park Metropolitan Investment Fund for � property at 7300 - 7320 University Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor PJee declared the motion cari°ied unanimously. APPEALS COMMISSION MINUTES OF APRIL 12, 1977: � � � � The Council received the minutes of the Appeals Commission of April l2, 1977 and considered the following item in conjunction with Lot Split #77-02. PARK METROPOLITAN INVESTMENT FUND, 7300-7320 UNIVERSITY AVENUE, CAR WASH: This request is for a variance of the side yard setback requirement of 15 feet to 5 feet for property at 7300-7320 University Avenue. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance of the side yard setback requirement, with the stipulation that proper upgrading and maintenance of landscaping be provided. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. CANADIAN FINANCE CORPORATIOPl, SP #77-02: � Mr. Sobiech explained this special use permit is for property east of the City Hall to allow for construction of housing for the elderly in a single family zoning. Mr. Sobiech stated this request wasprocessed through the Planning Coinmission and a public hearing held by the Planning Commission with extensive review by the Planning, Human Resources, and Community Development Commissions. � Approval was recommended by the Planning Commission tiuith the stipulations that the agreement regarding maintenance and development of the site be executed. � Mr. Qureshi, City Manager, then reviewed the items covered in the agreement to which Canadian Finance Corporation has indicated agreement. He indicated that the concerns mentioned at the Community Development, Human Resources and Planning Commission meetings have been taken into consideration in the porposed agreement. 1 � � � Councilman Schneider questioned if the City envisions any assessments to property owners on 5th Street or Mississippi Street or the adjacent area. Mr. Qureshi stated no assessments are anticipated and he does not foresee the need for a special assessment project. He noted provision has been made for ponding on the property to handle run-off water from storms. Councilman Schneider stated he was impressed with a similar development in Golden Valley, but questioned the parking and services of the Social Services Director. Mr. Kahn, representing Canadian Finance Corporation, indicated the parking which will be provided is adequate and stated the Social Services Director will be full time. n�t i)J REGULAR MEETING OF MAY 2, 1977 PAGE 6 Councilman Hamernik stated he wanted to congratulate Canadian finance Corporation for their fine public relations in working with the City to develop this plan. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant SP #77-02 toCanadian Finance Corporation with the stipulation that the proposed agreement be executed regarding development of the site. Seconded by Councilman Schneider. Ms. Gladys Peek, 1047 North Circle, Fridley Terrace Mobile Home Park, indicated she was happy the Council was considering approval of this plan as she felt there was a great need in Fridley for housing for the elderly. Mr. Earl Ellenwood, 1060 South Circle N.E., Fridley Terrace Mobile Home Park, felt this development would be an asset to the community and indicated he was in favor of it. Ms. Pat Brennen, 6716 7th Street N.E., from the League of Women Voters, felt low cost housing should be available not only for senior citizens, but also for low and moderate income people. She questioned what percentage is available fior low income persons. Mr. Kahn stated it is their intention to apply for rental assistance in both the senior citizens and family unit complex. Mr. Nick Garaffa, 6750 Monroe Street, questioned if there was a path around the pond to which the Council answered in the affirmative. UPON A VOICE VOTE TAKEN ON TNE A60VE t��OTIOPd, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to receive the correspondence from the Anoka County Commissioners in support of this development. Seconded by Cauncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kahn stated they haven't worked.in a Ciiy that has been more cooperative in meeting the needs of the community and felt the changes made in the plan have been to the advantage of the project and the corrmunity. He stated they would continue to cooperate in any way they can to make the project a success. Mr. Kahn indicated they would be submitting an application to the State for funding on the elderly building and felt a resolution from the Council would be heipful. Persons present at the meeting were given the address on where to write the State to indicate their support of this development. 6. C. BROTTLUND, SP #77-03, 6431-33 & 6435-37 EAST RIVER ROAD: Mr. Sobiech stated this is a request for a special use permit to allow construction of two duplexes at 6431-33 and 6435-37 East River Road in an R-1, single family zoning district. Mr. Sobiech stated the petitioner has requested this item be tabled until he has an opportunity to meet with property owners in the area. MOTION by Councilwoman Kukowski to rece7ve Mr. Brottlund's letter requesting this item be tabled. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and deny SP rr77-03 as filed by Mr. Barry Brottlund, as no hardship has been shown. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MARXEN TERRACE REPLAT, P.S. #77-02: The Council was requested to set a public hearing on this item. MOTION by Councilman Schneider to set the public hearing for May 16, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I�' I� ;+ REGULAR MEETING Of MAY 2, 1977 PAGE 7 TNOMAS MARXEN, SAV #77-02: The Council was requested to set a public hearing on this vacation request. MOTION by Counci1man Schneider to set the public hearing for May 16, 1977. Seconded by Councilwoman Kuko��ski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�ously. AND OQJECTIVES: ACCESS, COD1MUNI7Y VITALTTY, AND FORMAT: MOTION by Councilman Schneider to circulate this it�n to the various civic � organizations for the comments to have further discussion at the Council's Conference Meeting on May 23, 1977. Seconded by Councilwoman Kukotivski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � R. D. RIGNEIL, 1171 LYNDE DRIb'E, Sl4IMMING POOL FENCE: Mr. Sobiech stated this is a request for a variance to allow the appiicant, Mr. Rigr�ell, to use an existing six foot horizontal redwood climbable fence as an enclosure for a swirrming pool at 1171 Lynde Drive N.E. The Appeals Commission reviewed this item at their April 12, 1977 meeting and reco�nended denial. � Mr. Rignell appeared before the Council regarding his request for a variance to use the existing fence. He felt this fence is not climbable for toddlers and that he is being faced with the problem of constructing a barrier that is non-climbable to all children in the area. He indicated only ore reighbor has objected to the � variance, but understood that persons not living in his same black are objecting to the present fence. Mr. RignelT felt it was not his responsioility to protect older children, who could leave their yards, from his pool. The City Attorney was questioned as to the City's liability. Mr. Herrick, City Attorney, stated the City has a res��onsibility, if they ar•e gaing to pern�it private paols in a R-1 area, to require a minimum protection against children who are below the age of reason or discretion from stumbling into the pool or drawn to what is commonly referred to as an "attractive nuisance" for children. Ne stated obviously a fence couldn't be built that would prevent teenagers from entering the pool and explained the term "climbable" is a fine line. Ne stated there was a lengthy discussion about the fence issue when the ordinance was adopted and there was a request there be no handholds or footholds. He felt there had to be a standard and the ordinance enforced uniformly. Mr. Sobiech asked Mr. Rignell if he had considered filling in the gaps to make it a solid board-on-board fence which would be more unclimbable. Mr. Rignell stated he did not feel he should have to as he felt it is unclimbable as it exists. Ne further stated he would not have proceeded with construction of the pool, if he was aware the existing fence would not have been acceptable. Mr. Doug Strong, 5720 Regis Drive N.E., owner of the property to the east of Mr. Rignell, felt this was a life hazard situation. He stated he has three children> one being four years old, and has found her on Mr. Rignell's fence, but not climbing over. He further stated the redwood fence is rotting and suggested an inspectian to check the posts. Mr. Rignell indicated Mr. Strong has piled dirt against his fence putting a greater burden on it and has placed chicken wire on the fence for the benefit of his garden and an area for his cucumbers to climb. Mr. Steve Eggert, 1080 Hathaway Lane N.E., felt strongly against the fence now being used on Mr. Rignell's property. Ms. Carol Eppel, 5721 Regis Drive N.E., indicated the fence was there when Mr. Rignell moved into the house; and speaking as a neighborhood parent, she felt the fence was not adequate protection for the swimming pool. She requested the Council deny the variance. REGULAR MEETING OF MAY 2, 1977 35 PAGE 8 Mr. Rignel1's position was that the fence is soiid and non-climbable and requested additional time so he could obtain the services of an attorney to represent him in this matter. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny the variance on the swimming pool ferce on the grounds that it does not comply with the existing ordinance and represents a hazard to children. Motion failed for lack of a second. MOTION by Counciiwoman Kukov�ski to tabte this item to the May 9, 1477 Council Meeting. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick stated, in general, he felt the ordinance should be enforced, but agrees that the request for additional time is a reasonable one and, therefore, has seconded Councilwoman Kukowski's motion. UPON A VOICF VOTE TAKEN OfJ THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. J. A. SACCOMAN, 451-453 54Tfi AVENUE, DUPLEX: Mr. Sobiech, Public Works Director, stated this is a request for a variance to reducp the front yard setback from the required 35 feet to 31 feet to allow construction of a duplex and garage in a R-2 zone at 451-453 54th Avenue N.E. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant this variance for Mr. Saccoman to reduce the front yard setback by 4 feet, Second�� by Councilwoman Kukowski. llpon a voice vote, all voting aye, Mayor Nee declared the moi:ion carried unanirnously. PIZZA HUT, 255 57th AVENUE N.F.: Mr. Sobiech stated this is a request for a variance to a11ow off-street narking from the required 20 feet from the property line abutting a public right-ot-way to 0 feet, to aliow construction of a Pizza Hut at 255 57th Avenue N.E. Councilman Fitzpatrick voiced concern, if they are going to need additional parking, the quest�ion arises whether tf�ey have the room for this anticipated trade on this parcel of property. The applicant stated they meet minimum requirements, however, the owner wishes to use as much of the property as they can for parking as he felt the high voiume location warrants additional parking. Councilman Fitzpatrick was also concerned that it is proposed to sell beer at the Pizza Hut and property owners in the area have not had an opportunity ta be heard. Councilman Fitzpatrick indicated he did appreciate the agreement to fence in order to contain debris. Councilman Schneider stated he shared Councilman Fitzpatrick's concern about the selling of beer without hearing from property owners in the area. Counci7man Fitzpatrick stated he agreed with the statement that the fence is more beneficial to the irranediate community thai� the extra parking is detrimental to it. Ne did state this request is for something that adjacent properties are already practicing, that is, parking up to the property line. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variance with the stipulation for fencing. Seconded by Councilman Namernik. Upon a voice vote, all voti�g aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi suggested working with Holiday Auto Center to provide good solid screening. RECESS: Mayor Nee called a recess at 10:50 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:05 p.m. Al1 Councilmembers were present. _ __ . _ __ ___ __ _- _ � � � � � � � � � � � � �� 36 0 RE6ULAR MEETING OF MAY 2, 1977 PAGE 9 RESOLUTION P�O. 49-1977 - IPJ SUPPORT OF HOUSE FILE 15 APJD SENATE FILE 100 FOR APPROPRIATION OF FUNDS FOR THE FOUNDATION OF ISLFlNDS OF PEACE, INCORPORATED: Mr. Herrick, City Attorney, read the above resolution in its entirety and requested the Council consider adoption. MOTION by Councilwoman Kukowski to adopt Resolution No. 49-1977. Seconded by Council- man Schneider. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously. Mr. Langelfeld felt this resolution was reasonable and practical and thanked the Council for their time. Mr. Qureshi, City Manager, indicated he hoped the Council's support, in ado�ting this resolution, will be helpful in obtaining funds for construction and future maintenance of the Islands of Peace facility. The Council requested copies of this resolution be mailed to the appropriate financing committees in the State and to all persons concerned. RECEIVIN6 THE MINUTES OF THE CATV COMMISSION MEETING OF MARCH 30, 1977: MOTION by Councilman Schneider to receive the minutes of the CATV Commission Meeting of March 30, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY POLICE CIVIL SERVICE COMPIISSION MEETING OF APRIL 19, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Fridley Police Civil Service Commission Meeting ot April 19, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECE NING AND REVIEW ANNUAL. FINANCIAL REPORT OF TNE C?TY OF FRIDLEY: Councilman Hamernik stated he would favor delaying action on this item for at least a week and requested it to be placed on a future Council agenda for discussion. MOTION by Councilwoman Kukowski to receive the report. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION �0. 45-1977 - WITHDRAUIING THE BALANCE OF THE SPECIAL ASSESSMENT ON LOTS c in «i nrv �� uvnG Dn�� ilnmt-R TuF l'RFAT�.1FNi ANfI RFM(111AI (1F TRFES �� ASSESSMENT PPROVED BY RESOLUTION N0. 186-1975: Mr. Qureshi, City Manager, explained the property owner, Mr. Zizak 5791 2%2 Street N.E., has submitted copies of checks payable to Raymond Hegna, 5770 Third Street, for removal of trees and he was also assessed for this tree removal by the City. MOTION by Councilman Fitzpatrick to adopt Resolution No. 45-]977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 46-1977 - AUTHORIZING THE EXECUTION OF A RIDER TO AN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE QO�RD OF WATER COP1MISSIONERS OF THE CITY OF ST. PAUL: Mr. Sobiech, Public Works Director, stated the purpose of this rider is to ensure the St. Paul Board of Water Commissioners that specifications would be followed regarding construction over their waterworks. MOTION by Councilwoman Kukowski to adopt Resolution No. 46-1977 and authorize the Mayor and City Planager to execute the rider agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. REGULAR MEETING OF MAY 2, 1977 J� PAGE 10 RESOLUTION N0. 47-T977 - AUTHORIZING THE EXCHANGE OF PROPERTY WITH ANOKA COUNTY TO ACCOMODAT[ THE EXTENSIOV OF DOV[R STREET NORTN TO ELY STREETc MOTION by Councilman Fitzpatrick to adopt Resolution No. 47-1977. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLU7ION N0. 48-1977 - EXPRESSING CONCERN OVER THE PROPOSED SALARY INCREASE NEGOTIATED FOR NIGHWAY PATROL OFFICERS: Mr. Qureshi, City Manager, read this resolution to the Council, to be submitted to the Legislature, regarding Patrol Officer's salaries. MOTION by Counctilwoman Kukowski to adopt Resolution No. 48-7977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to authorize payment of Claims No. 102B04 through 117881. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Eugene A. Hickok and Associates, Inc. 454 Indian P�ound Wayzata, MN 55391 Moore Lake Evaluatien and Restoration Project $1,572.03 Estimate No. 1 MOiION by Councilwoman Kukowski to approve the estimate, as submitted. Seconded by Councilman Hamernik. Councilman Schneider questioned if the estimate from Hickok and Associates is for work now being performed; to which Mr. Sobiech answered in the affirmative. Mr. Sobiech also stated the City, to date, has provided about �400 -$500 in City help in cooperating with Hickok and Associates in this project. UPON A VOICE VOTE TAKEN ON THE h10TI0N, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Councilwoman Kukowski questioned the $12 for a Tavern License for Canterbury Pub. Mr. Brunsell stated ihis amount was for the balance of the 1976-77 year. Councilman Schneider questioned if staff makes any inspections in connection with these licenses, and Mr. Sobiech indicated inspections were made and applicants informed of violations. Councilman Schneider indicated some violations of the sign ordinance now exist in the City. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unaniinously. �� 1' � �■ � � � � � � � � � � � i �� f2EGULAR MEETING OF MAY 2, 1971 PAGE 11 CQMPLAINT - COMPiONS PARK: Mayor Nee stated he has received co:nplaints from Mr. Frank 0��1ata, 54II 63rd Avenue N.E., of persons using the horseshoe court in Commons Park throwing bottles in his yard. He requested staff to check into this matter. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously and the Regular hleeting of the Fridley.City Council of May 2, 1977 adjourned at 11:30 p.rn. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Wil]iam J. Nee Mayor / I��MO T0: DEPARTMENT HEADS � ' Following are the "ACTIONS NEE�iED". Please have your answers back in the City Manager's Office by Wednesday Noon May li, 1977. Thank you. F'r�IULEti' CITY CUU�rCIL —�EuULi�r� �YI�.ETIf`JG — i��IAY �, 1�77 — 7:�i1 P,i�l. � PLEi�GE J�= ALLEG I �,dCE: '� '�� I�ULL C��LL: � � Al1 Present {�PI��t�V;iL JF i'��I��UTES: � � � � � � ITY MANAGER � PUBLIC I�EARING i��EETING, APRIL I1, 1��% Approved riEGULAR i'�EET I NG, �PR I L Ic�, 1�77 Approved with correction ACTION NEEDED: Listen to tape and make corrections requested by Dennis Schneider and Edward Fitzpatrick NllUPT I i�iJ JF A�Ei��a : � , Added Resolution--Expressing concern over the proposed salary increase negotiated for Highway Patrol officers � OPE�J FOttU��, VISITOi�S: �l ,�� CONSIDERATI-0N OF ITEP1S NOT 01� ��GEfVDA — 15 I`iINUTES) � � '� �EGULAR h1EETi,s� '�� , � 1AY 2, 1977 �� OLD BUSI��dESS: � CONSIDERATION OF SECOND �EADING OF AN ORDINANCE ESTAB- LISfiING �HAPTER 511 OF TE�E �ITY �ODE 0�= THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPIf�G CENTERS, ��,,�� Ordinance 645 adopted CITY MANAGER ACTION NEEDED: Publish ordinance � � � CONS �' IDERATION OF SECOND READING OF AN �RDINANCE �t�IENDING r PAGE: 2 ,,,1—i� � CHAPTER �O� ENTITLED CABLE TELEVISION FRANCHISE� � � � � � � � 1 - L jj Ordinance ��646 adopted CI'I`Y MANAGER ACTION NEEDED: Publish ordinance � � � � � � � INANCE � � � tiC�� USIe°�ESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER G�� OF THE FRIDLEY CITY CODE EfJTITLED "�EER LI CEi�S I NGE' ANn ZEPEALI NG THE PRESE��lT CNAPTEi� b�L tNT ITLED "I�EER LI CENS I NGF' AND '�MEND I NG �HAPTER 11, $ECT I ON ll � ll� OF SAID CODE i�ELATING TO LICENSE FEES� � . , . . . , , , � � , , -� — 3 E Approved on first reading with changes ACTION NEEDED: Make suggested changes in ordinance and put on next regular meeting agenda for second reading. �I, ' I� � � � 0 HEGUL/-1� P�EETI i�G, ��1NY 2, 1y77. I�E��i BUSIi�dESS (CO��TIiVUEV) PAGE 3 CONS I DERAT I ON OF F I RST i�EAD I NG OF AN QRD I NANCE �iMEI�lD I NG CHAPTER 6�3 OF THE FRIDLEY CITY CODE TO AUTHORIZE A CONGRESSIONALLY CHARTERED VETERANS ORGAf�IZATION TO SELL LIQUOR ON SUNDAYS � � � , � , , , , � � , , , � , � � . � � � � i} _ 4 � Ordinance approved on first reading FINANCE ACTION NEED�D: Put ordinance on next regular meeting for second reading. � CONSIDERATION OF FIRST �EADING OF A(�! ORDINANCE I�DOPTING � CHAPTER 212 ENTITLED i'�INING, AND REPEALING PRIOR CHAPTER ZIZ ENTITLED i`iINING SAND AND GRAVEL� � � � � � � , , � � � , � 5 — 5 F �Ordinance approved on f irst reading ENGINEERING ACTION NEEDED: Put ordinance on next regular meeting for second reading. � � � � FINANCE � � � CONSIDERATION OF F�EQUEST OF I�NIGHTS OF COLUt�1BUS T� USE BI NGO PROCEEDS TO PAY OFF ��IORTGAGE ON THE I R BlJ I LD I NG AND �'�AKE I MPROVEMENTS ON BU I LD I NG , , , , , , , � , , � . , � � , � (� — �j � Request approved in the amount of $14,200 ACTIOi3 NEEBED: Inform the Knights of Columbus of the Council action � 1JI SCi1SS I ON OF POSS IBLE �XTENS I ON OF LEASE �GREEt�1ENT �ETWEEN CITY OF FRIDLEY AND ISLANllS OF PEACE FOUNDATION A(�[iD STATUS OF �iAYES LOTS � � � � � � , � � , � , � � , , . . , . % — % C To be considered at Conference Meeting � CITY MANAGER ACTION NEEDED: List as an item to be discussed at the conference , q1� meeting of May 23, 1977. � �,,,�/ ��,� �.t � . � � � G2d�G ,"�t-c'C� �,�2, �� c%c.;,�?, l�', � /U� 7 , � i.�z-ZL. ��- t-E/ /�� r � c� � , ��i -- �J �'� �h=��,��--L ' � � � , , � � ��-e' : v �.,�-��c� � , � • � REG UL.�1R P�1EET I idG, f�1�lY 2, 1.977 �JEl�! BUSI��ESS (CO��aTIfdUED> PAGE � � CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT REQUEST BY FRIDLEY I`�ETHODI�T CHiJRCH� � � � � � � � � � � � � . a ' � B �� Approved ENGINEERING ACTION NEEDED: Inform Fridley Methodist Church of Council action i 1 � � � � °r�ECEIVING THE i�`�INUTES OF THE PLANNING COMMISSIOfJ iiEETING OF APR I L ZO, 1977 , , , , , , , , , , , , , , , , , , , , , , 1� PARK �'�IETROPOLITAN INVESTMENT FUND: ��OO — %3ZO GN I VERS I TY ��VE � , �AR ��ASH; LS �77-0� . . . . . • • • • . 9A-9B PLANN I PdG COf�IM � RECOi�1f�1ENDAT I ON : APPROVE & 9FF COUNCIL ACTION �EQUIRED: CONSIDERATION OF RECOMMENDATION iWITH VARIAiVCE REQUEST) Request Approved ENGINEERING ACTION NEEDED: Inform applicant of Council approval ' � � 2, � � ENGINEERING � � , � � — � f�t�� CANAD IAN F I NANCE CORPO�AT I ON, SP �%�—�Z . . . . . . . . . . . . . 9B-9N PLANNING �-OMMIS�TON RECOMMENDATI.O�f; a�PPROVE, & 9GG SUBJECT TO EXECUTION OF AGREEMENT �.01LNGIL �1GTION kEQUIRED: CONSIDERATION OF RECOMf�1ENDATION Approved ACTION NEEDED: liave agreement executed and forward to Canadian Finance Corp. � ��EGUL�►R c�IEET I�1G, � ir'1Y 2, 1�77 ��EL��! BUSIf��ESS (COeJTINUED) �PLANN I P�G COMM I SS I ON �`�I NUTES CONT I NUED) 3, B,C, BROTTLUND, SP #77-03, 6435-37 �AST RIVER ROAD ............................................... 90 - 9U P1ANN I NG COMM, l�ECOP�MENDAT I ON :. DEN I AL & 9HH-9I I COUNCIL. ACTION KEQUIRED: COfVSIDERATION OF RECOMMENDATION Request denied ENGINEERING ACTION NEEDED: Inform applicant of Council denial � 4, � � ENGINEERING �J � � 5, � ENGINEERING � I' � � f'�ARXEN TERRACE hEPLAT, P, S , �77-02 • • • • . • • • • • • • • • . . . • 9U - 9X PLANN I NG C0�1M ��ECOMMtNDAT I ON � �iI'P�OVE & 9JJ �OUNCIL ��CTION ZEQUIRED: SET P�BLIC HEARING Hearing set for May �, 1977 ACTION NEEDED: Make arrangments for hearing �HOMAS i`iARXEi�, SAV �77--�Z ............................. 9X & 9KK P ANNING COMM� i�ECOMMENDATIQN: APPROVE COUt�C I L/�CT I 0�( �EQU I RED ; SET PUHL I C HEAR I NG Hearing set for May �, 1977 ACTION NEEDED: Make arrangements for hearing PtiuE 5 �� REGULA� �1EETIf•dG, f�f�Y 2, 1y77 NEW BUSI�`1ESS (C�idTINUED) �PLANNING COMMISSION I�IINUTES CONTINUED) 6� GOALS AfVD OBJECTTVES: ACCESS, COMMUNITY i ........ 9Y - 9Z � ' l �IIM �Y11 1�: �� j��• � / � __ i � � � ► _ � � � � � � � RECOMMENDATION PAGE 6 To be circulated to civic organizations and discussed at next regular meetin$ ENGINEERING ACTION NEEDED: Circulate as requested and put on �Pnria nf t��i�_? ,-1A�7 , ; •,.c, �E,�..� E �,-�""' ,a, —.:`"::c `/ a 3 , ,2 � � i � � %� � i � ENGINEERING � � � � ENGINEERING � � � �PPEALS �OMMISSION T`�1NUTES OF APRIL 12, 1977 A� FARK i�ETROPOLITAN INVESTMEfVT FJND; .............. 9LL - 9NN %3UO-%�Zt� UNIVERSITY AVE�, �AR N�ASH I�PPEALS COMP�I � 'i��ECOh1M�RDAT I0�! : l�PPROVE �OUNGIL �iCTI�� R,EG?�1IRED: �ONSIDERATION OF RECOP�IMENDATION �WITH LOT SPLIT REQUcST) Approved with stipulation for landscaping and proper maintenance ACTION NEEDED: Inform applicant of council approval with stipulation B� ��D� I�IGNELL, 11�1 LYNDE �RIVE, SWIMMING POOL FENCE ........................................... 9I�N - 9RR r�PP�.ALS �OMP4 � RECOM�1EfVDAT I OfV : �EN I AL & 9YY-9ZZ CQUNCIL ACTION REQUIFiED: CONSIDERATION OF RECOMMENDATION This item tabled to public hearing meeting of May 9, 1977 ACTION NEEDED: Put this item on the agenda of May 9, 1977 ✓ 0 ��EGULAR fyiEETI��G, f�9��Y 2, 1977 idE6�+ BUSIf�'aESS (CO��TII�IiEU) �PLANN I(�G COMt�I I SS I ON-�'iPPEALS COMM I SS I ON I`� I NUTES CO(VTI fVi1ED) �� , �i� �ACCOMAN, 451-1�53 54TH �vE�vuE, i�UPLEX ............................................... 9RR - 9TT �PPEALS CQT1P�1 � i�ECOMMENDAT I0N : APPROVE & 9AAA COUNC I L�iCT I ON I�EQU I RED : CUNS IDERA'f I ON OF RECOP•1MENDAT I ON Approved ENGINEERING ACTION NEEDED: Inform applicant of Council approval � ENGINEERING � D � P I ZZA �iEJT, 25� �%TH AVENUE �� E � • • • . . . . . . . . . . . • • . . 9TT - 9WW APPEALS C0��1M � � ECI�hiMEND,!�TI�N : aPPROVE & 9BBS WITH STIPULF�TIOid FOR FENCING COUNCIL �1CTION nEi�UIRED; CONSIDERATION OF RECOMMENDATION Approved with stipulation for fencing ACTION NEEDED: Inform applicant of Council approval with stipulation � �ECEIVING THE I�INUTES OF THE C�iTV COM IS 0 ° f�l SI N 1�EETING � OF I��ARCH 31�, 1�77. � � . , � . � � � � � � � � � � � Minutes received ENGINEERING ACTION NEEDED: File minutes for future action , � 1 P;�i�E 7 , � � � 1�—lOF REGULAR �-1EETII'd(�, I��r�Y 2, 1977 (`�EIsJ BUSI�JESS (CG��TI��UED) P�iG E � � �ECEIVING THE ��INUTES OF THE FRIDLEY POLICE CIVIL SERVICE �OMMISSION i`�EETING OF �PRIL I9, 1977� � � � � � � � � � � � 11 — 11 C 'Minutes received CITY MANAGER ACTION TAKEN: Minutes have been filed for future reference � � � t�ECEIVING AND REVIEW ANNUAL FINANCIAL i�EPORT OF THE , CITY OF FRIDLEY� � � � � � � � � � � � � � � � � � � � � � -1Z Report received and to be discussed at future meeting FINANCE ACTION TAKEN: To be put on future agenda (Tentatively on � May 9, 1977 agenda) � � � . CONSIDERATION OF A RESOLUTION I�tITHDRAWING THE �ALANCE OF � THE SPECIAL ASSESSMENT ON LOTS 6-10, BLOCK Z%, HYDE PARK, UNDER THE TREATNIENT AND �EP�IOVAL OF TREES (1�7�) hSSESS�ENT � �OLL �'vHICH ��'AS APPROVED BY RESOLUTION I�O, l�E�-1975� �� 13 - 13 l� Resolution ��45-1977 adopted � EINANCE ACTION TAKEN: Proceed as authorized � � � � , , . REGUL�� i'IEETI�J�, i�iAY �, 1�77 1 iV�VJ J3USIiJESS (COidTI;dUED) '� CONSIDERATIGN OF A RESOLUTION ��UTHORIZING THE EXECUTION UF A(�IDER TO AN HGREEMCNT 15ETWEEN THE CITY OF FRIDLEY ' AND THE i�OARD OF �aATEf� COMMISSIUNERS OF TiiE CITY OF ST� PAUL � � , � � � , � � � � � � � � � � � � � � � � � � � � Resolution 4�46-1977 adopted ' ENGINEERING ACTION NEEDED: Have rider executed by Mayor and Manager and forward lJ � CONSIDEr�ATION OF A�ESOLUTION I�UTHORIZINt� THE EXCHAf�GE OF , PROPERTY WITH f�NOKA COUNTY TO aCCOMMODATE THE EXTENSIOIV OF �OVER STREET i30RTH TO ELY STREET. . � � , � � � � � . . � Resolution ��47-1977 adopted ' ENGINEERING ACTION NEEDED: Proceed as authorized , , FINANCE � FINANCE , ' � FINANCE � � FINANCE Pr�GE y 1�-14C 15-15C CONSIDERATION OF A RESOLUTION EXPRESSING CONCERN OVER THE PROPOSED SALARY INCREASE NEGOTIATED FOR HIGHWAY PATROL OFFICERS Resolution ��48-1977 adopted ACTION NEEDED: Forward certified copies of resolution to our Legislators and to Chairmen of Committees hearing the bill. �LAIf��S � � � � � � � � � � � � � � � � � � � � � � � � � � � 1� Approved ACTION NEEDED: Pay claims as approved ESTIP1ATES, � � � � � � � � � � � � � � � � � � � � � . � � � 1% — i% r� Approved ACTION NEEDED: Pay estimates as approved LICENSES� . � � .. . � � � � � . . . � � � � � � . . . . � . 12S - 1� E Approved ACTION NEEDED: Issue licenses as approved � ADJ�ui��; � . .� �. , FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADORESS ANQ ITEM NUMBER INTERESTED IN DATE: �- NAME ADDRESS ITEM NUMBER __________________��______-___________--_______-____=_____________¢_��___________-__________=� /J T /� �'� �z- L`-�..�''.�.� o� ' . , ` � G , A � � � � � � . � - � � �- �' l 7/ �C .c��.� � .� ►� — 7 (3 � �� , � � 1 - ��_ �- -hz� ,�'� , -� - � �, 1� � //' /� / /��f� '% % / L' �QV �D�C.��l l��✓LC%CL., v r O'V � C �_ � �? �o l .tL/(.�%C-�' , ov � � �� /c�ti � �- , � �ctu- � �OU G�� f �� .j� �� . o c.- ��.4►-wr S`T 'E . c� ��,vvw�.�,�, ` (� C� �► , � � ��a�-� , ; � �-- � ��,z ��K � �'�^ 3 1 � � �� . , �e=, � �3/ � �s" �� i '� S l / N � �" 72 c� �c �s �z. ,z„ L� –7 1� 1 ; � D � � / � �� ' U �1 I�cvA c�n�C 7 g, ��►� � CCO,�I � � s �l�o � ST� �cJ. a . �,z,o�� 1 - �`�- � , i �� ,Q ,g ;r ,�;��,✓ �/9i i�.� Gc x„� TL,� - ,y,z��=ti �� 8 � 1 � � . � r� x s f��-� ,� �� d sr �� - ! A�� 1 • , FRIDLEY CITY COUNCIL MEET�NG RLEASE SIGN NAME ADQRESS ANQ ITEM NUMBER INTERESTED IN DATE: ,� � NAME ADRRESS ITEM NUMBER ;_________________�_-_= -___=__________-=-_=__ ==_____=_======G�,===____=======G,_,-=_________= J� 1' C l� � i� 2- r1 �(_ /-� �� r� �� o�, n a`e . �v� ,4 �� w ' 1 lL/ / y `✓ / . / / !//-L L�'lF .I�E(//I P r (IJ[�./� �.1 .��1.I/��//i111 �� '� ��,�� 1r ..�� ,_ / . � - ' �,��. � � �.. �, � � �� 9_ � . l� .�� , �.-� �.�� , � , � �"/ � �, � ' /� �-p�=-��. I "'�� ^... .� I ' � Fr�IDLEI' CITY CUUi�CIL — i��L;Lr�r; i}iE�ETIi�dG — ��IAY �, 1�77 — 7:��1 P,I•1, 1 ~ PLC��E i�F �,LLr�t�I;;��aCt: 1 1 KULL Ci�LL: 1 i NPP��JV�L �� i`�iI��U�CES: 1 PUBLI G tiEAR I fJG i'�EET I NG, (�PR I L I1, 1��% ' ' � i�EGULAR i'�EET I NG, �iPR I L id, 1�77 � ' Ni�(1PTI�iJ JF �'�ti�l�t�: � 1 , �PEi� FUt�U;1, �'ISITUi�S: ' �CONSIDERATION OF ITEI��S NOT 01� I�-�GEP�DA - 1� I`iINUTES) � ' . � I ' i�EGUL�R �rEETI,�U, i�IAY 2, I�77 OLD BUS I ��;ESS : PAGE: 2 CONSIDERATION OF SECOND �EADING OF AN ORDINANCE ESTAB- LISfiING CHAPTER 5J�1 OF T{-�E CITY CODE OF THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPING CENTEHS� � � � , � , � � � 1 - 1 � CONS I DERAT I ON OF �ECOND �EAD I(VG OF AN �RD I(JA(vC E �I(�IEND I iVG CHAPTEf� �O� ENTITLED CABLE TELEVISION �RANCHISE� �.� � � � � � 1 - � (� ��3� �US I ��ESS : CONSIDERATION OF FIRST READING OF A{V C�RDINAf�lCE ESTA�LISNING CHAPTER �O� OF THE FRIDLEY CITY CODE E�JTITLED �'iiEER LICENSING�` AND i�EPEALING 7�iE PRESE(�T CHAPTE'tZ bl�L �NTI i LED f'�EER �ICcNSING`` AND �MENDING �HAPTER 11, SECTION 11�I1� OF SAID CODE i�ELATiNG TO LICENSE FEES� � � � � � � � , � , � , , -� - 3 E . hEGULI�,� ��EETIiJG, f�1AY 2, 1�77. I�E4�a �USIi�ESS (CO3`�TIftiUEll) PAGE 3 CONSIDERATION OF FIRST �EADING OF AN QRDINANCE ��MENDING CHAPTER 6O3 OF THE FRIDLEY CITY CODE TO �►UTHORIZE A CONGRESSIONALLY CHARTERED VETERANS QRGAt�IZATION TO SELL LI QUOR ON SUNDAYS , , , � , � , , , , � � � , � � � � � � . � � �{ - 4 a CONSIDERATION OF FIr2ST �EADING OF A(d ORDIVANCE ;�DOPTING CHAPTE� 212 ENTITLED i'IINiNG, AND REPEALING PRIQR CNUPTER Z1� ENT ITLED I'`� I N I NG SF�ND AND �RAVcL ��,�,�� 5- S F CONSIDERATION OF �iEQUES7 OF liiVIGHTS �JF COLUt�1BUS TO USE ' �INGO PROCEEDS TO PAY QFF j`��ORTGAGE ON THEIR BJILDING AND P`iAKE IMPROVEMENTS ON BU I LD I NG � � � � � � � � � � � , � , � , � b - � � IJISCUSSION OF POSSIBLE �XTENSION OF LEASE {��GREEMENT I�ETWEEN CITY OF FRTDLEY AND ISLANllS OF PEACE FOUNDATIOy AND STATtJS Ofi �iAYES LOTS � � � � � � � � � � � � � � � � � � � � 7 — 7 C ' � � REG UL�1R f°1EET I i'JG, ��11-IY 2, 1977 �°JEE�,' BUSI��ESS (CO��lTIiVUED) PAGE � CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT REQUEST BY FRIDLEY I`IETHODI�T CHURCH� , � � � � � � � � � � � � d - � B �ECEIVING THE i��INUTES OF THE PLANNING CONiMISSION iiEETING OF APR I L Z�, 1977 � � � , � � � � � � � � � � � � � � � � � 1, PARK iffETROPOLI7AN INVESTt'�IENT Fi1ND. %�l�O - 7320 t;�v 1 vERS � z� ��v� , . Ca� ��;as�� LS �77--�?2 . . . . . . . . , . 9A—�B PLANN I NG COMN � eZECO�"�i��1ENDAT I ON : �;PPROVE & 9FF COU(vCIL �CTION ��EQUIRE�� CONSIDERATIOi�� OF RECO��IMENDATION �WITH VARIAUCE REQ�JEST) , , � - � t3�3ii . 2 � �ANAD IAN F I NANCE �ORPORAT I ON, SP �=77-UL . . . . . . . . . . . . . 9B-9N Pj qNNTNr �OMM��SION RECOMMENDATION; r�PPROVE, & 9GG SUBJECT TO EXECUTION OF AGREEMENT �Ol1NCIL rIGTIOf� KEQUIRED: �ONSIDERATION �F RECOMMENDATION RESULHR ��IEETIi'�G, PiAY 2, 1y77 f'dElJ BUS I�dESS CCOfJT I NUED) �PLANN I P�G CQMM I SS I ON �'I I NUTES CONT I NUED) 3. 1�,C� BROTTLUND, SP ��77-03, 6435-37 �AST �IV ER i�OAD ............................................... 90 - 9U PL.ANN I NG �OMM ��ECOP�f�1ENp�T�O : llEN I AL & 9HH-9I I COUNC I L ACT I ON i�EQU I R�D � CO(VS I DERAT I ON OF RECOMMENDATION 4 � IfIARXEN TERRACE KEPLAT, P � S , �'77-02 • . . • • . . • • . • • . . . • . . 9V - 9X , �1PP�OVE & 9JJ PLANNING COMM� tiECOMME�DATIO�: COUNCIL �'�CTION `�E�UIRED� SET PUBLIC HEARING 5� THOMAS i°�ARXE(�, S:�V �%7-QZ ............................. 9X & 9KK PLAf�NING COMM� i�ECOMMEiVDATION; APPROVE �OUNCIL I�CTION REQUIRED: SET PUBLIC HEARING 0 PtiuE 5 � .�� EGULA� �1EETIidG, f�f�Y 2� 1977 IUEW BUSI�lESS (C��TI(dUED) iPLANNING COMMISSION f'�1NUTES CONTINUED) 6, uOALS AND OBJECTTVES: ACCESS, COMMUNITY V I TAL I TY, AND FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Y - 9Z PLANNIRG COMM� iECOMMFL�AATION: �iDOPT �NCIL �CTION 2EQUIRED: CONSIDERATION OF RECOMMENDATION �� PPEALS �OMMISSION �'�1Nt�TES OF APR�� 12, 1977 r�� PARK i'�ETROPOLITAN INVESTf�1ENT FJNU; .............. 9LL - 9(VIV %3UO-%�ZO LN IVERS ITY fiVE, , CAF� F��aSH %��PPEALS COMM � YECOi�iMEiVDAT I ON : h�PPROVE CQ�,l�! _NGIL AGTION F�E�JIRED: CONSIDERATION OF RECOP�M�NDATION �WITN LOT SPLIT REQUEST) B� ��D, 21GNELL, IZ%1 LYNDE �RIVE, SWIt�1MING POOL FENCE ........................................... 9f�N - 9RR �.PPEA� S COM�1 � REC0�1��1ENDAT I ON : I�EN IAL & 9YY-9ZZ �.QUNCIL ACTION REQUI��p: CONSIDERATION OF RECOMMENDATION I � �_� P�GE 6 0 ��EG U LAR f�1EFT I ��v, f��AY 2. 1977 idE�� BUS I E'�ESS (CO�JT I I��IiED) �PLANN I NG �OMP�I I SS I ON-�`�PPEALS COMf�i 1 SS I ON I'I I NUTES �Of�T I iVJED) C � .J � �; � �ACCOMAN, ��1-��5� �4TH �iVEiVUE, �UF'LEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9RR - 9TT & 9AAA nPPEALS COP�P�I, �ECOMMENDATION, r�PPROVE Q NGIL tiCTIJfJ fiEQUIRED: �UNSIDEP.A"1'IOlJ UF RECO(�1P�iENDAT I ON D, PI ZZA iiEJT, Z�� %TH �iVENUE �� . E, . . • . • • . .. .. . . . . . . • 9TT - 9WW P EA�,� CQ� 1M ,��ONiiHENDl�TI nN : aPPROV� & 9BBB WITH STIPULF�TIO('d FOR FE�CING COUNC I L HCT I ON i�Ei�U I F�Ep: CONS I DERAT I ON OF RECONIMENDAT I ON P�1�� 7 i�ECEIVIf�G THE I'11NU7ES OF THE ��iT� �OMf�1ISSIQN i'�EETING OF I�ARCH 30, 1y77, , , , , , , , , , , , , , , , , , , , , , 1� — 10 F ' REGULA� i-1EETI►JG, i'�aY 2, 1977 Pi-�G� � � ��EI�� BUSI►JESS (CG;�TI;'�UED) �' r�ECEIVING THE ��1NU7ES OF THE FRIDLEY POLICE CIVIL SERVICE �OMMISSION i`�EETING OF �PRIL 19, I977� � � � , � � � � � � � 11 - 11 C ' ' , ' ' i�ECEIVING AND REVIEW ANNUAL FINANCIAL �EPORT OF.THE �ITY OF FRIDLEY � � � � � � , , . � � � � � � � � � � � � , -1'L ' ' ' ' CONSIDERATION OF A RESOLUTION �`�ITHDRAWING THE �ALANCE OF � THE SPECIAL �ISSESSMENT ON LOTS 6-10j B��cK 27, HYDE PARK, UNDER THE TREATMENT AND �Ef�10VAL OF TREES C1�75) HSSESSNiENT ' �OLL �'rH I CH h'AS �►PPROVED BY RESOLUT I ON I�0 , 1�6-1�75 ,��'� 13 - 13 l� � �1 � �� , REGULar� i'IEETI�Jv, i�iAY 2, 1�77 iJ��J isUSIi�9ESS CCOi�TI;JUED) Pa�E y COiVSIDERATIGN OF A�ESOLUTION ��UTHUi�IZING THE EXECUTION UF A KIDER TO AN FiGREEMt�lT tSET1�fEEN THE CITY OF FRI�LEY AN17 THE I�OARD OF JyATER CONIMISSIONE(2S OF Ti1E CITY OF ST, PAU� . , , , , , ., , , , , , , , , , , , , , , � , , , , 1� - 14 C CONS IDEr�AT I ON C� A i�ESOLUT I ON f�UTHOR I Z I Nt� THE EXCHA(�GE OF PROP�RTY WITH NNQKA COUNTY TO aCCOf�1(�10DATE THE EXTENSI01� OF �OVER STREEi i�t�RiH TG ELY STREti� � � � � � � � � � � � , 15 - 15 C �LA If�IS , � � � � � , � � � � , �� . �.6 ESTIf�1ATES � � � � � , � � � � � � � � � � � � � � � � � � � � �.% - i7 i� LICENSES, , , , , , , , , , , , , , , , , , , , , , , , , , 1� - 1� E : � �� ' ' � ' ' ' THE MINUiES OF THE PUBLIC HEARING MCETTNG OF THE FRIDLEY CITY COUNCIL OF APRIL 11, 1977 ' , � �� I � ' 10 TI�E MINUTES OF T}1E PUBLIC HEARING MEETING OF THE FRIDLEY CITY C011NCIL OF APRIL 1l, 1977 The Public Hearing Meeting of the Fridley Cit,y Council of April 11, 1977 was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counci] and the audience in the Pledge of Al]egiance to the Flag. ROLL CALL: MEM(3ERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Couricilman Hamernik Councilman Schneider, and Councilwoman Kukowski MEMBERS ABSENT: None ADOPTION OF AGENDA: Councilman Schneider stated he wished to add an item under "New 6usiness," "Receiving Petition and Consideration of a Street Light on Meadowmoor Drive.° �40TION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor tdee declared the motion carried unanimously. PUQLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT SUBDIVISIOP� P.S. �77-01, ARfvAL ADDITION, BY AR��LD AND ALVAN TOEWS; GENERAI.LY LOCATED AT 8101 ASHTON A'dEP4UE N.E.: ' MOTION by Councili��an Fitzpatrick to waive the reading ofi the Public Hearing notice and open the Public Nearing. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy and the Public Hearing opened at 7:43 p.m. � Mr. Sobiech, Public Works Director, explained Berkeley Pump intends to construct a building on the site proposed in this plat. A building permit cannot be issued at this time as the property in question is now a parcel of a larger part of property. ' Councilman Schneider questioned if a park fee would be required. Mr. Sobiech stated there wouid be a fee charqed as required in the new ordinance. Mr. Sobiech stated the necessary documents will be filed with the County Auditor so they will know what additions Berkeley Pump encompasses. � � ,� � � � Mr. Toews pointed out on the map the prnperty which they own in response to a question from Councilman Fitzpatricf< on how far their ownership of property extended. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Fitzpatrick to close the Public Hearing on consideration of the final plat. Seconded by �ouncilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Publi� Hearing closed at 7:48 p.m. PUB�IC HEA.RING ON AMEh'DMENTS TQ CHFlPTER 4Q5; CABLE TELEVISION �RANCHIS[ (Pt1RPQSE IS 1�0 CLARIFY AfdD UPUATE LANGUAGE IN CNAPTER�:--- �� MOTION by Councilwontan Kukowski to waive the reading of the Pub]ic Hearing notir_e and open the Pub?ic Hearing. Seconded by Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee deciared the motion carried unanimously and the Public Hearing opened at 7:50 p.m. Mr. Sobiech stated the Chairman of the Cable Television Cor�unission, Mr. Mark Scott, was to be present at the meeting, but had not arrived as yet. He stated these amendments are mainly housecleaning items to clear up some of the ianguage. 11 PUBLIC HEARIN6 MEETING OF APRIL 11, 1977 PAGE 2 MOTION by Councilwoman Kukowski to table this item until Chairman Scott arrives or until the end of the agenda. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON STATE OF MINNESOTA, DEPARTMEN7 OF TRANSPORTATION PLAN: Mayor Nee opened the public hearing at 7:52 p.m. Mr. Nick Garaffa, 6750 Monroe Street N.E., stated he would like, as part of the Council's resolution, an emphasis on mass transportation with weekend bus transportation between the major shopping centers, such as Northtown and Brookdale. He felt some mechanism should be considered as feeder transportation, such as mini-6uses, to the major bus routes. Mayor Nee stated the City administration has drafted a proposed letter dated April 12, 1977 to h1r. James Harrington, Commissioner of the Department of Transportation, regarding this Transportation Plan, and proce?ded to read the letter. No other persons in the audience cos�nented on the Transportation Plan. Councilwoman Kukowski stated there is a problem with the barriers being installed on the free�ay and felt this item should be raised i� tne Council's response to the Transportation Plan. With reference to page 2, paragraph 5 of ihe April 12, 1977 letter to Mr. James Harrington, Councilman tlamernik felt the last sentence could be deleted with more emphasis placed on paragraph 6 regarding the Northtown Bridge Crossing. He indicated he would like to avoid shifting traffic from East River Road onto Highway 47 (University Avenue). He felt th2 Council's response to the Transportation Plan is to contribute ideas towards a long-range comprehensive plan and felt the emphasis on the Northtown Corridor probably would be the best so7ution to some of the traffic problems existing in Fridley. Councilman Kukowsl;i stated she favored ernphasis on tryinc to get traffic off of East River Road onto Nighway 47. Councilman Fitzpatrick felt Highway 47 was better constructed to handle a larger traffic flow rather than East River Road, but did not know how successful it would be to shift traffic to Highway 47. He stated there have been conflicting reports and projections regarding traffic flows and suggesied possibly obtaining further information. He indicated he would like to see traffic minimized through Fridley regardless of the route. Mr. Sobiech, Public Works Director, stated the data that was used in compiling the North- town Corridor Study has changed and several assumptions made at the time are no longer true. Since the study was made, Northtown was constructed, and the number of trips per day and the cars per family has changed, He stated to obtain accurate figures on traffic flow would be very difficult. Mayor Nee felt provision should be made for adding additional 1anes for use by non-motorized vehicles at river crossings. No other persons in the audience commented on the Transportation Plan. MOTION by Councilwoman Kukowski to close the public hearing on the State of Minnesota's Transportation Plan. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and ti�e Public Hearing closed at 8:23 p.m. PUBLIC FIE.ARIt�G ON RENEWFlI ON-SALE LIQUOR LICENSE FOR WILLIAM F. WEISS, SAN4EE'S INCORPORA�tED, 6490 CENTRAL AVEPdUE NORTHEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Nearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:25 p.m. ', Mr. Qureshi, City Manager, stated the ordinance provides for a public hearing on renewal of liquor licenses and stated the administration had n� adverse comments in regard i:o �� renewal of the liquor license for Sandee's. ' The requirements of the ordinance are met regarding the ratio of food sales in relation to liquor sales. ! � � � i _ . _ ___ _ _ . _ . _ _ . __ i � � � ' , , �_ J 12 PUQLIC 11EARING MEETING OF APRIL 11, 1977 PAGE 3 Councilwoman Kukowski inquired if i:here was a certain date in which they must comply with the sprinkler system requirement. '' The City Attorney, Mr. Nerrick, stated when the ordinance, covering the requirement for sprinkler systems was adopted in 1975, there were three provisions covering new construction; existing establishments that had applied for a liquor license; and those establishments who were in possession of a liquor license. He stated Sandee's would come under the third provision of the ordinance and had three years from the ,� adoption of the ordinance to install a sprinkler system so this requirement would not have to be met until April 30, 1978. � t , 1 Mayor Nee requested further information from the Fire Department and the owner regarding this requirement as far as the necessity and the costs involveci. Mr. Sobiech, Public Works Director, stated several months ago a proposal was submitted to the Council regarding the addition of a copper life safety sprinkler system. He stated any existing structure could possibly utilize this system without too much expense. 7he City staff was requested to check into this matter further with a report back to the Council. No persons in the audience spoke for or against this license renewal. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was closed at 8:28 p.m. PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR GEORGE D. P�ICKLOW, GEORGE IS IN FRIDLEY, 3720 EAS7 RIVER ROAD: , MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Pubiic Hearing. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:28 p.m. ' ' ' ' I � � . � ' Mayor Nee stated there were no adverse comments from the City administration regarding this license renewal other than the fact they are not in compliance with the ordinance regarding the ratio of food sales as opposed to liquor sales. He stated the applicant indicated they believed they would be able to meet the requirements of the ordinance once the bridge is open again in Minneapolis. The City Attorney, Mr. Herrick, stated the ordinance does exceed the State Statute in that Fridley �equires a certain portion of the income has to be from the sale of food. 7he State Statute requires only a minimum seating capacity and facilities for serving food. He felt a determination should be made by ttle Counci7 if they des�re to keep the present ordinance requirement regarding the percentage of food sales in relation to liquor sales, or to change the ordinance for compliance with the State Statute. He felt there could be a different license fee charged for establishments who primarily served food as opposed to those who have greater liquor sales. Councilman Fitzpatrick felt the State Statute was modified greatly and the City is basically approaching a situation of a bar serving food. Counciiwoman Kukowski felt the applicant shouid receive a special notice in writing of the public hearing so that he could be present to answer any yuestions. Councilman Schneider felt it would be helpful to know what actions George Is In Fridley is planning to take in order to bring them into compliance with the ordinance. No persons in the audience spoke for or against this application for renewal. MOTION by Councilman Schneider to continue this public hearing until the next Council meeting on April 18 and instruct the City staff to notify representatives of Gec:rge Is In Friciley of the Council's action. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' _ i � � PUBLIC NEARING MEETING Of APRIL 11, 1977 PAGE 4 PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR WALTER W. CURCIO, GROUND ROUND, 5277 CENTRAL AVENUE NORTHEAST: MOTION by Councilmari Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:45 p.m. 13 ' , ' Mayor Nee stated the City administration has no adverse comments regarding this license renewal. The requirements of the ordinance are met regarding food sales in relation to liquor sales. No persons in the audience spoke for or against this application for renewal. MOTION by Councilwoman Kukowski to close the Public Nearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimously and the Public Hearing closed at 8:46 p.m. PUBLIC HEARING ON RtNE�'AL ON-SALE LIQUOR LICEPdSE FOR WILLIAM A. NICKLOW, SHOREWOOD INN INCORPORATED, 6161 HIGH'�AY #65 NORTHEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was opened at 8:46 p.m. Mayor Nee stated the City administration has no adverse comments regarding the license renewal. The requirements of the ordinance are met regarding food sales in relation to liquor sales. No persons in the audience spoke for or against this application fo� renewal. Councilman Schneider asked if the parking requirements were met. Mr. Qureshi, City Manager, explained these requ�irements were met before the addition, however, the City sold this property and was aware there was a parking problem. Mr. Nick Garaffa, 6750 Monroe Street N.E., questioned if it was possible the percentages could be wrong regarding food sales vs. liquor sales. Mayor Nee felt it was unlikely as these are audited figures submitted by independent audi tors. MOTION by Councilwoman Kukowski to close the Public Hearing. Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unariimously and the Public Hearing closed at 8:55 p.m. PUBLIC NEARING ON P,ENEWAL ON-SAt_E LIQU�R LICENSE FOR WILLIAM G.GOTTWALDT, MAPLE LAnES & MAPLE LANES RESTAURANT, 6310 NIGHWAY #65 NORTHEAST: MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc;lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:55 p.m. Mayor Nee stated there are no adverse comments from the City administration regarding this application for renewal. The ordinance requirements are met regarding food sales in relation to liquor sales. No persons in the audience spake for or ayainst this app1ication for r�newal. MOTION by Courcilman Hamernik to close the Public Hearing. Seconded by Councilwaman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:56 p.m. , I ' I � � 14 PUQLIC HEARING MEETING OF APRIL 11, 1977 PAGE 5 PUBLIC HEARING ON RENEWAL ON-SALE WINE LICENSE FOR ROQERT HENRY SCHROFR, CABALLERO SANDWICH SALOON, 7610 UNIVERSI7Y AVENUE NORTHEAST: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:56 p.m. Mayor Nee stated no adverse comments were received from the City administration regarding this license renewal. This wine license app;ication does not come under the ordinance regarding the percentage of food sales vs. liquor sales. No persons in the audience spoke for or against this application for license renewal. MOTION by Councilman Namernik to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:57 p.m. NEW BUSINESS: RECEIVING REPORT REGARDIN6 BIKE SAFETY PROGRF�M: Mr. Qureshi, City Manager, stated the Council was interested in what the City is doing regarding bike safety. He stated materials have been distributed to the Council which ' outline what is being done in this area and that it is essentially an educational safety program with more emphasis placed on education rather than strict enforcement. He explained what is being done at the schools to promote bike safety for grades two through six, � Mr. Qureshi stated if the Council felt more concentration should be given in the enforcement area, they woutd come back with options for them to consider. � Councilman Hamernik indicated he hated to issue citations to bike riders, but was open to suggestions as to how to encourage the young people to obey the traffic signs. He felt perhaps the education should be reinforced witn enforcement.• Councilman Schneider suggested perhaps a periodic intense enforcement might be helpful. t Councilman Fitzpa�rick felt, in view of the fairly intensive educational program and the low record of bike accidents in the City, the City staff might continue to be aware of any other programs that could be added ir, terms of education. ' Councilwoman Kukowski indicated she had worked with the bike rodeos for the past several years and the youth are very knowledgable, but they do not know on what side of the street to ride their bikes. She felt if the Police Officers would emphasize this when the rodeos are conducted, it would be very helpful. � ' � � I � . ./ ' ' Mr. Qureshi stated stenciied arrows and signing is proposed this year in conjunction with stripping for bicycle lanes. Councilman Hamernik stated residents on 7th Street have indicated a cor,cern about abuse of the traffic laws by bicyclists. Mr. Qureshi suggested some signing for bicyclists regarding obeying of traffic laws may be helpful. Councilman Hamernik stated he would like to see more ubservance of the traffic laws by the bicyclists, and woulci like the administration to give consideration as to ways in which improvement can be made for better �bservance of these laws. Councilwoman Kukowski suggested a communication be sent to the school principals and this information periodically given over the PA system to remind students of bicycle safety and traffic laws. MOTION by Councilwoman Kukowski to receive the report from the City administration regarding the bike safety program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unar�niously. i { � a� PUBLIC HEARING MEETING OF APRTL 11, 1977 PAGE 6 RESOLUTION N0. 39-1977 - RECOPIMENDING RENAMING BANFILL'S ISLAND TO BRECK'S ISLAND: MOTION by Councilwoman Kukowski to adopt Resolution 39-1977 Recommending Renaming Banfill's Island to Breck's Island. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 40-1977 - IN SUPPORT OF SENATE FILE 793 (HOUSE FILE 1092) IN REGARD TO LAKE RESTORATION AND I��iPROVEMENT: MOTION by Councilman `itzpatrick to adopt Resolution No. 40-1977 In Support of Senate File 793 (House File 1092} in Regard to Lake Restoration and Improvement and circulate this Resolution to the Legislature. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motien carried unanimously. DISCUSSION REGARDING LOCATION OF GARDEN PLOTS: Mr. Qureshi, City Manager, stated information was given to the Council regarding the program of garderiplots fo�° Fridley residents. He stated one location considered was on the west side of the railroad tracks north of Mississippi Street and east of Ashton Street, w,^ich is tax forfeited property; however, property owners in this area were not in favor of such a program on this property. Their major concern was the traffic that would be generated by this activity. Mr. Qureshi stated an area of Locke Park was then considered. Dr. Boudreau , Parks and Recreation Director, has indicated the soil conditions co�!ld be made useable for garden plots. However, this location is more isolated and could be a potential for vandalism. Dr. Boudreau siated the City has had two inquiries into the garden plot program and felt the location in Locke Park would serve the purpose. Mr. Qureshi stated the question is wheiher the Council wishes to use the location in Locke Park on a trial basis for this year, if there is sufficient interest in the pragram. Mr. Alex Barna, 560 Huyo Street Iv.E., suggested the area of River�sedge Park would be ideal for gardeninq: Mr. James Regarr> 16 N.E. 662 Way, stated residents in the Ashton area were going to submit a petition, if this area was considered for this proyram, but vaere advised the City would not consider this site because of the adverse reaction received from the residents. MOTION by Counci1woman Kukowski to approve the Locke Park location for garden plts, if there proves to be a demand for this service. Seconded by Councilman Hamernik. Upon a voice vote, all vot�ing aye, Mayor Nee declared the motion carried unanimously. COMMUNICA7IONS: CONSIDERATION OF CORRESPONDENCE TO MINNESOTA DEPARTMENT OF TRANSPORTATION PROVIDING CITY OF FRIGLEY INPUT ON T+iE TRANSPORTATION PLAN: Mayor tVee stated this it�m was discussed under the public hearing on the Transportation Plan and the staff is to redraft a letter for the Council's consideration. REGEIViNG PETITION �0. 3-1977 PEQUESTION INSTALLATION OF A DUSK-TO-DAWN STREFT LIGHT IN THE MIDDLE OF QLOCK OPd MEAD04��R100RE DRIVE: MOTION by Councilman Schneider ta receiye Petition No. 3-1977 for a street light on I�leadowmoore Drive. Seconded by Councilwoman Kuko�a�ski. Upon a voice vote, all voting aye, Mayor Nee declared th� motion carried unanimously. Councilman Schneider stated residents have had problems with vandalism in this area and have petitioned for a street light. He requested the City staff to make an investi- gation and recommendation in this niatter. PUE�LIC HEARING ON AMENDUENTS TO CHAPTER 4U5; CABLE TELEVISION FRANCHIS[ (PURPOSE IS TO CLARIFY AND UPD T-� E LANGUAGE IN CH7�PTE : Mr. Sobiech indicated he had tried to contact hir. Mark Scott, Chairman of the Cable Television Commission, but was unable to reach him. �� ' I � � I , I � ' I � I t I , I , I � I.J � � � �F PUBLIC IiEARING MEETING OF APRIL 11, 1977 PAGE 7 This public hearing had been continued earlier in the meeting until Mr. Scott's appearance or until the end of the agenda. MOTION by Councilman Fitzpatrick to consider this itein which was continued from earlier in the meeting. Seconded by CouncilYdoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No persons in the audience spoke regarding these proposed amendments. The Council reviewed these proposed amendments and indicated some of the numbering of a section would have to be changed as this section is misnumbered. The Council was advised these items tvould be reviewed when the amendments are put into ordinance form for the Council's action. MOTION by Councilwoman Kukowski to close the public hearing on the proposed amendments to Chiapter 405. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9:55 p.m. AGENDA - SHOW� ON CABLE TELEVISION DURING THE COUNCIL t�1EETINf: Councilinan Schneider reques±ed that. the City staff check to see if it would be possible to have the agenda index shown periodically over Cable Television during the Council meetinc�. _ ADJOURNP1ENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all vcting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of April 11, 1977 adjourned at 9:57 p.m. Respectfully submitted, Carole liaddad William J. Nee Secretary to the City Council Mayor Approved: , . � ' � 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 18, 1977 �- 0 � ' , ' , ' � ' , ' � , . � �J i � � ; 17 7HE MINUTES OF THE REGULAR MEETING QF TNE FRIDLEY CI7Y COUNCIL OF APRIL l8, ]977 The Regular Meeting of the Fridley City Gouncil of April 18, 1977 was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee 1ed the Council and audience in the Pledge of Aliegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Schneider, Councilman Hamernik, and Councilman Fitzpatrick t4EMBERS ABSENT: None PRESENTATIONS: PRESENTATION OF PROPOSAL FOR THE FLAG POLE fOR THE FRIDLEY CIVIC CENTER BY THE FRIDLEY V. F.IJ. POST 363: Mr. Dan Sjodin, Commander of the Fridley V.F.W. Post 363, appeared before the Council and submitted plans for reconstruction of the flag pole at the Civic Center. The p7ans cal] for a 55 foot high a7uminum flag pole, with basically the same brick that is on the City Hall around the base of the pole. Mayor Nee questioned if this request had been processed through the Planning Commission or sub-committees. Mr. Sjodin indicated it had not; however, they wished to receive the Council's reaction before proceeding further. ` It was the feeling of the Council the staff could process this request from the V.F.W. and Mayor Nee thanked Mr. Sjodin for presenting their plans to the Council. PRESENTATION OF CERTIFICATE OF INCORPORATION OF "FRIDLEY YOUTH ORfANIZATION, INC." TO FRIDLEY YOUTH ORGANIZATION REPRESENTATIVES: Since no one was present at this time to receive this certificate, the Council proceeded with the other agenda items. PROCLAMATION - PROCLAIMING APRIL 24 - 30, 1977 AS "VOLUNTEER RECOGNITION WEEK": Mayor Nee stated he has already initiated tnis proclamation. APPRQVAL OF MINUTES: REGULAR MEETING OF MARCH 21, 1977: MOTION by Councilman Hamernik to approve the minutes of March 21, 1977 with the following eorrection--Page 5, paragraph 8, line 3: Insert the word "not" after "would." Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF APRIL 4, 1977: iMOTION by Councilwoman Kukowski to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. ADOPTION OF AGENDA: Mayor Nee requested Item 11, SP #77-G1 for Certified Mobile Homes by considered as the first item under "New Business." ' I_ .____ ____ _ __ I _ � i i�. --_� , �� REGULAR MEETING OF APRIL 18, 1977 PAGE 2 Gouncilman Hamernik requested Item 21-A be added under "New Business," "Consideration of a Resolution Opposing House File 805." Councilwoman Kukowski requested Item 21-B be added under "New Business," "Discussion on Vote '76 Reception." Councilman Schneider requested Item 21-C be added under "New Business," Receiving Communication from Mr. Tom Maas and Friends Regarding Parks." MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr Larry Chlian of the fridley Jaycees appeared before the Council regarding conditions at Locke Park. He stated when the Jaycess held their Easter Egg Hunt at the park the Saturday before Easter, there was broken glass, electrical outlets ripped out, tables piled six deep and before they could proceed with their activities, it was necessary to clean up the area. Mr. Qureshi, City Manager, stated there had been a vandalism problem at the part at the time when the Jaycees held their activities. Ne indicated they have increased the police patrol in the area and the Police Department is working with the Police Reserves for additional patrolling to be provided in the park areas. Mayor Nee stated the whole question of vandalism is of great concern and not only affects the park areas. Councilwomen Kukowski questioned if the Reserve Officers would be patroling both on foot and in automobile, to which Mr. Qureshi answered in the affirmative. Mr. Chlian felt, from the condition of the park, there had not been a squad car in• the area for quite a while. Mayor Nee thanked Mr. Chlian for bringing this matter to the Council's attention and indicated they would try to do a better job of patroling the area. PUBLIC HEARINGS: CONTINUED PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR GEORGE D. NICKLOW, 6EORGE IS IN�FRIDLEY, 3720 EAST RIVER ROAD: Mayor Nee re-opened the public hearing at 7:55 p.m. on renewal of the on-sale liquor license for George Is In Fridley. Mr. Tony Nicklow appeared before the Council regarding this application for renewal. He stated, since the Camden bridge closing in Minneapolis, they have had a problem in keeping their food sales higher than liquor sales and indicated they were hopeful, with the re-opening of the bridge on November l, they would be able to increase their food sales. He stated their weekday sales of food have gone down considerable since the bridge closing. Councilman Schneider questioned, if the bridge did not re-open on November l, if they had plans to increase their food sales for compliance with the ordinance. Mr. Nicklow stated they are pursuing the idea of providing banquet service in hopes of increasing food sales. Mr. Bill Scott, 6680 Lucia Lane N.E., stated he was a member of an organization that used to dine at George Is In Fridley, but because of the brydge closing, they have moved their luncheon to the Holiday Inn. He felt this was typical of the situation George's is confronted with. Councilman Fitzpatrick indicated George Is In Fridley has a rather specialized menu � _i and perhaps the fact they do have a specialty may have something to do with their general sale of food. He indicated he wishes to continue to issue licenses to defined restaurants and feels this is a recognized restaurant with a defined menu. � i .: I � � REGULAR MEETING OF APRIL 18, 1977 PAGE 3 MOtION by Councilwoman Kukowski to close the Public Hearing. Seconded by Counciiman , Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing on the Renewal of the On-Sale Liquor License for : : George Is In Fridley closed at 8:02 p.m. � lU �� OLD BUSINESS: CONSIDERATION OF REQUEST FOR.VARIANCES TO ALLOW CONSTRUCTION OF A 7-11 STORE AT 7899 EAST RIVER ROAD; R.C.E. CORPORATION TABLED 4/4/77 : � Mr. Sobiech, Public Works Director, stated he received a phone call from the applicant of this variance and requested the Council table this item until the applicant had a chance to meet with the County regarding possible signalization at the intersection of the proposed 7-11 store. The Council requested this item be submitted, after the applicant has had the opportunity to meet with the County and, therefore, no action was taken at this time. CONSIDERATION OF EXPENDITURE OF FUNDS TO INITIATE A SURVEY TO DETERMINE COMMUNICATION NEEDS FOR THE CITY OF FRIDLEY TABLED 4/4/77 : MOTION by Councilwoman Kukowski to take the item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Belgum of the Human Resources Commission appeared before the Council concerning this item. He stated the issue before the Council is not a community newspaper, but if Fridley can become a better community by improving communications. Mr. Belgum reviewed statements presented to the Council based on a study outline for the purpose of analyzing a corrmunity to see how it can be improved. He felt many persons would benefit by a communications survey including Cable T.V., the Sun Newspaper, the Library, Community Schools and the City itself. The survey would tell what people want to know regarding news and views of the City. Mr. Larry Dobson, 1636 68th Avenue N.E., spoke in favor of the survey as he felt communications are important and there are areas in the City not covered by news media. Mr. Doug 011ila, 6310 Able Street N.E., felt the survey should be conducted as he found it difficult to identify with the community when he moved to Fridley. He encouraged the Council to act favorable en this request. ' Councilwoman Kukowski stated the Community Education Council Executive Board has decided to see if they could not conduct their own survey, as they felt perhaps this , particular survey was too narrow and would not answer some of their questions. Councilwoman Kukowski also felt the scope of the survey proposed by Mr. Belgum may not be that intense and might lead to questions on newspapers and she would not be in favor of interfering with private enterprise. Councilman Fitzpatrick felt one of the reservations the Council has is that the survey might be aimed at a communit,y newspaper, instead of more broadly at what is the communication problems in general. 4 , � � r Mayor Nee stated the request had been presented as a feasibi]ity study on a community newspaper and now it is being presented as an overall study of communications. Mr. Belgum stated they have changed their minds and concur it should not be a study on the feasibility of a comnunity newspaper. He fe]t there would be benefit from a general study of communication needs. He indicated if Council approved the request, no funds would be allocated until the questionnaire could be reviewed. Councilman Schneider agreed the City has to find avenues of communications and ways to improve them, but questioned why the survey would have to be computerized and how the $500 would be spent. Councilwoman Kukowski questioned who would decide what types of questions would be asked. Mr. Belgum suggested the Council should have the right to make suggestions and review the questions. 2Q REGULAR MEETING OF APRIL 18, 1977 PAGE 4 Councilman Hamernik stated he realized this is strictly a survey to delve into needs of communications in the City, but if the results indicate a newspaper is needed, the Council has now supported development of a newspaper in competition with the City's officially designated newspaper. He felt from the discussion this evening, his position would remain the same. Mayor Nee asked if the persons involved in this concept for the survey could attend the Cauncil's Conference M�eting on April 25. Mr. Belgum stated he would bring in a proposed study schedule, but could not guarantee he would be able to get all persons involved to attend. Mr. Bill Scott of the Human Resources Commission indicated there was a considerable amount of discussion towards a newspaper, but at the last meeting, the Commission made it clear what they are driving at is to do something about the communication void in the comnunity. He felt the term "community newspaper" was used, but that it was not the intention of the Commission to strive towards a community newspaper or funding one without even knowing if it is needed. Mr. Belgum stated he would obtain a list of tentative questions from the Director of the School of Journalism for the Council's review and also obtain a statement on why the results would be computerized and submit this at the Council's Conference Meeting. MOTION by Councilwoman Kukowski to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. ORDINANCE N0. 643 - AMENDING CHAPTER 703 SNOWMOBILES, SECTION 703.021, OPERATION AND DELETING SECTION 703.022: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 643 and adopt it on the second reading and publish. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, stated this ordinance was brought to the attention of the Parks and Recreation Commission and they felt it should not be considered until next fall. Councilman Schneider stated he prefers to adopt the ordinance at this time instead of waiting until next fall. Mayor Nee then outlined the provisions of the ordinance relating to snowmobiles for benefit of the persons in the audience. Councilman Hamernik felt the ordinance should be adopted at this time so staff will have time to make plans to implement the enforcement of this ordinance before next winter. Mayor Nee felt snowmobile owners should be put on notice that the ordinance does reduce their operation in the City. Councilman Fitzpatrick stated the area of operation is reduced, but felt there had been a problem in the past with enforcement of the ordinance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 644 - ESTABLISHING CHAPTER 607 OF THE FRIDLEY CITY CODE ENTITLED "TAVERN" Mr. Herrick, City Attorney, suggested several changes in the above ordinance as follows: 1. 2. � � 3. "Tavern Entertairnrent" in the title should be changed to "Entertainment License" as tavei°ns are defined as those establishments that sell 3-2 beer and this ordinance is meant to apply to all establishments that sell liquor. Deletion of the word "Tavern" in the titles of Sections 607.01, 607.02, and 607.04 and deleting the word "tavern" on line 2 in Section 607.05. Under Section 607.03, delete the words "regulatincl non-intoxicating malt beverages and intoxicatir,g liquor" and change the word "desire" to "determine" so Section 607.03 would read as follows: "Holders of an entertainment license shall be subject to all the regulations and restrictions contained ii� this code and any violation ma,y be grounds for the carcellation of said license ?f the City Council shall so determine.° _ ___ .___ _._ , __ __ _ .,� _ _ _ ---- ------ -_ _ _: ' � � _� � ' ' � � � ' -, � � ' � � ' � � REGULAR MEETING OF APRIL 18, 1977 PAGE 5 'L 1 I � ' MOTION by Councilman Namernik to waive the second reading of Ordinance No. 644 Establishing Chapter 607 of the fridley City Code Entitled "Tavern Entertainment" and Repealing ' Chapter 604 Entii:led "Tavern" of the City of Fridley City Code and adopt it on the second reading and publish, with the above changes suggested by the City Attorney. Seconded by Councilman Fitzpatrick. � � � � MOTION by Councilman Hamernik to amend the above motion to also include, along with the City Attorney's changes, the deletion of the words "transparent or" under Section 607.04, Ftem 4. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor , Nee declared the motion carried unanimously, UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 6, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Meeting of Apri7 6, 1977. Seconded by Councilman Hamernik. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. CERTIFIED MOBILE HOMES, SP #77-01; 7625 VTRON ROAD: � Mr. Sobiech, Public Works Director, stated the Planning Commission has recommended renewal of this special use permit, as filed by Certified Mobile Homes, with the stipulations as outlined in the minutes of the Planning Commission minutes of ', April 6, 1977. He requested another stipulation be added for improvement of the drainage ' ' problem. Regarding stipulation No. 4 in reference to sodding, Mr. Sobiech stated decorative rock replaced the sodding requirement to ensure better maintenance of landscaped areas. ' In reference to grading and seeding, the majority of the property is filled with trailers so that if any trailers would be removed, any vacant property would be graded and seeded. MOTION by Councilman Schneider to concur with the recommendation of the Planning � Commission and grant SP �77-01 with the stipulations indicated by the Commission, with the revision of No. 4, and with the addition of the stipulation regarding improvement of the drainage. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. � THOMAS BRICKNER, L.S. #77-03; 1671 CAMELOT LANE N.E.: Mr. Sobiech, Public Works Director, stated this request is to split off the west � five feet of Lot 24, Block 2, Harris Lake Estates (1671 Camelot Lane N.E.) and add it t� Lot 23, Block 2, Harris Lake Estates, (1661 Camelot Lane N.E.) so the property owners of Lot 23 can install a swirrrning pool in their back yard. CI� ' � � ' ' r ' { Mr. Sobiech stated all setbacks would be met and the Plannin� Commission has recommended appraval. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Lot Split #77-03. Secon�ed by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Mayor Nee deciared the motion carried unanimously. INTERSECTION OF 53RD AND CENTRAL AVENUE N.E.: Mr. Sobiech presented pla ns for improvement of the intersection at 53rd and Central Avenues. He stated they are working with the property owners of the shopping center regarding this improvement. Councilman Schneider questioned if there would be a problem for traffic leaving the Ground Round parking lot. . _ _.. __ _ _ _ __ __ __ . _ __., . ._ .__ ' 22 REGULAR MEETING OF APRiL 18, 1977 PAGE 6 Mr. Sobiech did not feel this would pose a problem as the hours of the Ground Round and shopping center are not in conflict. MOTION by Councilwoman Kukowski to receive the recommendation from the Planning CoRrnission and concur with Plan B and recommend staff work with the property owners in improvement of this intersection at 53rd and Central Avenues. Seconded by Councilman Schneider. Upon a voir.e vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTAQLISHING CHAPTER 511 OF THE CITY CODE OF THE CITY OF fRIDLEY ENTITLED TRAFFIC, SHGPPING CENTERS: Councilman Schneider stated he requested this ordinance as parking provided for handicapped persons only at the shopping centers is being used by others. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Mr. Herrick, City Attorney, stated under the Motor Vehicle Code, Police Officers could not issue a citation on private property for this particular offense. Councilman Schneider indicated initially this proposal came before the Staff with intent of putting in a provision of allowing the Police Department to enforce the handicapped parking regulations; however, in working on this ordinance, staff suggested it include a broader coverage for enforcement of other areas on private property or specifically parking areas in shopping centers. Mayor Nee felt if the City is going to issue citations on private property, the persons involved should be notified to receive any comnents they may have before second reading of the ordinance. UPON A VOICE VOTE ON THE ABOVE MOTION, all voting aye, Mayor Nee declared tne motion carried unanimous1y. CONSIDERATION GF FIRST READING OF AN -0RDINANCE AMENDIN� CHAPTER 405 ENTITLED CABLE TELEVISION FRAPJCHISE: Mayor Nee stated this ordinance mainly clears up language in the Cable Television �rdinance. It also makes it possible for the Council to appeal the decision of the City Manager in contested cases and changes the payment date from March to October. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT SUBDIVISION P.S. �77-01, ARNAL ADDITION, BY ARNOLD AND ALVAN TOE4lS; GENERALLY LOCNTED AT 8101 ASHTON AVENUE N.E.: Mr. Sobiech, Public Works Director, explained this request is for final plat approval, Arnal Addition, generally located on Ashton Avenue, Ncrth of Ely Street. The Planning Commission recommended approval of the plat. Mr. Sobiech stated the Engineering staff will be in contact with Mr. Toews regarding the improvement of Ashton. Mr. Toews indicated theyr�h�ere not aware of the improvements and would appreciate the City contacting them. MOTION by Councilman Fitzpatrick to concur with the reco�nendation of the Planning Commission and approve the final plat for Subdivision P.S. �77-01, Arnal Addition as filed by Arnold and Alvan 7oews. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor N2e declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF fINAL PLAT SUBDIVISION P.S. #76-04, HEATHER HILLS 3RD ADDITION BY MIKE 0'BANNON: -� Mr. Sobiech stated Mr. 0'Bannon was in attendance earlier in the meeting; however, it was necessary for him to leave because of a conflict with another meeting, _ . _ __ �,_. __ __ _ • ___ � ' i ' REGULAR MEETING OF APRIL 18, 1977 PAGE 7 23 Mr. Sobiech explained reapproval of this plat is requested in order to comply with the ', 90 day requirement of the ordinance regarding platting. He felt on certain parcels of land the 90 day period may not be sufficient time to complete any work that is necessary. It was recommended reapproval be given on this final plat, with the original stipulations pertaining to drainage, utility and walkway easements. ' MOTION by Councilman Schneider to reapprove the final plat for Subdivision P.S. �76-04, Heather Hills 3rd Addition, as filed by Mike 0'Qannon, with the previous stipulations. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried una m mously. � ' C� CONSIDERATION OF REVOCATION OF SPECIAL USE PERMIT SP #75-29, LEROY HALUPTZOK; 1240 732 AVENUE N.E.: Mr. Sobiech, Public Works Director, stated in the annual review of this special use permit, the staff felt there was a violation of the intent of the special use permit. ' He stated the staff has been in contact with the owner, and the petitioner has cooperated in bringing the property into compliance with conditions of the special use permit. ' Mr. Sobiech stated, as of today, the staff felt the site is in compliance and submitted photographs of the site itself. It was, therefore, recommended the special use permit not be revoked as staff felt the property owner was cooperating to improve the property and meet conditions of the special use permit. � , ' Councilman Schneider suggested a review of the premises again in the summer. MOTION by Councilman Schneider to receive the report submitted by staff. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PRESENTATIONS: Mayor Nee presented to Mr. Ned Storla the Certificate of Incorporation of "Fridley Youth Organization, Inc." iss�.�ed by the State of Minnesota extended congratulations from the Council. CONSIDERATION OF IMPROVEMENT AT 1318 HILLCREST PERTAINING TO DRAINAGE PROBLEM: Mr. Arvid Hansen, 1318 Hillcrest Drive, appeared before the Council concerning a drainage problem he has on his property. � ' Mr. Sobiech indicated the problem area on a map and stated the pond that exists encroaches on Mr. Hansen's property and the water, at times, builds up and flows across his property and the property owner to ihe west of Mr. Hansen and finally fiows down Nillcrest to the sto�°m sewer system. He felt there were some solutions to the problem; however, it was the staff's opinion the City has not created the problem. � , � A visitor, who lived several doors from Mr. Hansen, indicated she did not want Mr. Hansen to have water in his basement, but did not want to change her land. She indicated there was a water problem when f�r. Hansen bought the house, which w�as the reason the owner had put in drain tiles. Mr. Nerrick, City Attorney, stated situations of this nature come to the attention of the staff several times a year. It would be his recommendation the City should not get involved in drainage pro�lems that esentially involve private property. Mr. Hansen stated the swamp level is higher than it used to be and is, therefore, creating the problem of the water in his back yard. ' Mr. Dave Lucas, 1320 Hillcrest Drive, indicated the map Mr. Sobiech was using was a 1959 topographic map and it shows Mr. Hansen's property as wetland. He also indicated he did not want Mr. Hansen to have water in his basement, but would not favor any changes being made. , . � ' � Mr. Sobiech indicated that the certificate of survey on file indicates wetTand on Mr. Hansen's property. Councilman Schneider questioned if a berm was constructed for Mr. Hansen's property, if it would affect other property owners. Mr. Sobiech stated it would possible create additional wetlands elsewhere. Mr. Herrick stated Mr. Hansen could take precautions to protect his property from surface - i � 24 REGULAR MEETING OF APRIL 18, 1977 PAGE 8 run-off as long as it does not unreasonably affect the neighboring properties. Mr. Nick Garaffa, 6750 Monroe Street N.E., stated he is aware other residents of the area wished it to be left as is. He felt, if the City would provide a few loads of dirt for Mr. Hansen it would become the City's responsibility as well as Mr. Hansen's. Mr. Hansen requested this item be tabled until he has an opportunity to again meet with the School Board and the residents of his area. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor iJee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 10:14 p.m. RECONVENED: Mayor Nee reconvened the meeting at 10:25 p.m. All councilmembers were present. RECEIVING THE MINUTES OF THE FRIDLEY POLICE CIVIL SERVICE COPIP4ISSION MEETING OF APRIL 6, 1977: MOTION by Councilman Fitzpatrick to receive the minutes of the Police Civil Service Commission Meeting of April 6, 1977. Seconded by Counciiman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Kukowski requested that the movie shown at this meeting of the Fridley Police Civil Service Commission be shown at the Council's Conference Meeting on April 25. CONSIDERATION OF INSTALLATION OF STREET LIGHT ON MEADOWM1100R DRIVE: Mr. Qureshi, City t4anager, stated criteria for installation of this street light has been met in that there has been excessive vandalism in this area. Councilman Fitzpatrick indicated he had no objection to this request, but felt on a similar request, which was not approved, he did not feel they should be that concerned about a precedent being set. MOTION by Councilman Schneider to concur with the recommendation of the Engineering Department and approve the installation of a street light on Meadowmoor Drive. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROV�L OF COMt�UNTCATION TO COMMISSIONER OF THE MINNESOTA DEPARTt�ENT OF TRANSPORTATION IN REGARD TO MINNESOTA DEPARIMENT OF TRANSPORTATION PLAN: MOTION by Councilwoman KukoHrski to approve the letter submitted and forward it to the Commisioner of the Department of Transportation. Seconded by Councilman Fitzpatrick. Counci1man Hamernik, referring to page 2 of the letter, paragraph 6, said he still did not feel re-routing traffic on Highway 47 was a solution. Counci1man Fitzpatrick stated he felt Highway 47 is better designed to hand}e traffic, than is East River Road, but is not sure how much traffic would shift to Highway 47. Councilman Hamernik stated he did not want to imply to the Transportation Study Committee that there is an alternate solution other than construction of the Northtown Corridor. fie felt there is already a traffic problem on Highway 47 and, by shifting traffic firom East River Road, it could become a serious problem: MOTIQN by Councilman Hamernik to amend the motion by deleting the sentence underlined in paraghaph 6, page 2 of the letter•. M07ION FAILED FOR LACK OF A SECOND. UPON A ROLL CALL VOTE TAKEN ON THE ORIGINAL MOTION; Councilwoman Kukowski voting aye, Councilman Schneider voting aye, Mayor Nee voting aye, Councilman fitzpatrick voting aye, Councilman Hamernik voting nay, the motion carried by a vote of 4 to 1. 1� � � ' � �J � IJ � , � � r--, u � ' i � I --, � -� ' �� 1 � � <� ... � - REGULAR MEETING OF APRIL 18, 1977 PAGE 9 GONSIDERATION OF REAPPROVAL OF RESOLUTION N0. 36-1977 - A RESOLUTION PROVIDING FOR REDUCED WATER RATES FOR SENIOR CITIZENS: Mr. Qureshi, City Manager, stated the only change from the original resolution was to put an income figure in the resolution. MOTION by Councilwoman Kukowski to reapprove Resolution No. 36-1977, a Resolution Providing for Reduced Water Rates for Senior Citizens. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 41-1977 - ORCERING IMPROVEh1EP;T OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEW[R IMPROVEh1ENT PROJECT #121: MOTION by Councilman Schneider to adopt Resolution No. 41-1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �inanimously. • RESOLUTION N0. 42-1977 - REQUESTING ANOKA COUNTY COMMISSIONERS TO REDUCE THE SPEED LIMIT ON RICE CREEK ROAD FROM CEP�TRAL AVEPJUE TO STINSON BOULEVARD FROM 35 MPH TO 30 MPH: MOTION by Councilman Fitzpairick to adopt Resolution No. 42-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. RESOLUTION N0. 43-1977 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER MAIPI REPAIR - CHAIVNEL ROAD: PROJECT S#122: MOTION by Councilman Schneider to adopt Resolution No. 43-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING 6ID AND AWARD CONTRACT FOR SANITARY SEWER VACUUM PUMP (BID OPENIN6 4/4/77): ' Mr, Sobiech, Public Works Director, stated specifications were sent to the two companies who could quaiify to supply this particular piece ofi equipment. However, only one bid was received which was from F7exible Pipe and Tool Company of Minneapolis in the amount of $8,120.40. ,I�i � , � � ' '. � ' Mr. Sobiech stated to ensure that the bid received was competitive, a check was made with other municipalities who recently purchased this eq!�ipment. In contacting Mora, Minnesota, they purchased a smaller used pump in July of 1976 for �,7,800; and Crookston, Minnesota purchased a pump, which did not include brakes and lights, for $8,118. The costs to municipalities in other parts of the country ranged from $8,609 to $9,400. The s�aff, therefore, felt the bid was competitive and recom�merded awarding the contract to flexible Pipe and Tool Company. MOTION by Councilman Fitzpatrick to receive the bid and award the contract ta Flexible Pipe and Tool Company o.f Minneapolis in the amount of $8,126.40. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. GONSIDERATION OF CHANGE IN LIQUOR LICENSE FEE SCHEDULE: The Council reviewed information from staff regarding a change in the liquor license fee schedule, � It was the opinion of the City Attorney the Ciiy could have a two-stage license schedule; ' that is, a higher fee charged for those places not meeting the 40% criteria on food sales ` and a lower fee for establishments who meet this criteria. 'Mr. Her•rick, City Attorney, stated the City of St. Louis Park's fees are related to size and whether or not they have entertainment. The Courcil expressed an interest in reviewing the schedules of St. Louis Park and requested this item be brought back when further information is received. � I _ _ _ _ _._ _ _ ' _ _ __ _. __ . _ i � � _. _ _ . ' _� �r REGULAR MEETING OF APRIL 18, 1977 RES 44-1977 - OPPOSING HOUSE FILE 805 RELATING TO SUPERUISORS PAGE 10 IDENTIAL Mayor Nee read the background information from the League of Minnesota Municipalities relating to House File 805, which would allow supervisory employees to belong to the same Union as their subordinates. Councilman Fitzpatrick felt it should be the employees choice regardless if they were supervisory personnel or not to chose which organization they wished to join. Mr. Qureshi, City Manager, felt, by both supervisory and subordinate employees being a member of the same Union, this would tend to create a potential problem in the groups managed and being managed. He stated the present law provides adequate protection for both groups and felt the distinction should be maintained. Mr. Alex Barna, 560 Hugo Street, indicated he did not think you would find in private enterprise any situation where supervisory personnel and other employees are in the same Union. MOTION by Councilwoman Kukowski to adopt Resolution No. 44-1977. Seconded by Councilman Hamernik. Mr. Dick Harris, 470 Rice Creek Boulevard N.E., indicated he wouTd agree with the League, as he doesn't feel supervisory personnel should be in the same Union as other employees. Councilman Fitzpatrick felt the Council could have made their comments known to the Legislators without adoption of a resolution. Mayor Nee felt the resolution would be circulated among other Legislators and not only fridley's representatives. UPON A ROLL CALL VO7E TAKEN ON THE MOTION; Councilwoman Kukowski voting aye, Councilman Schneider voting aye, Mayor Nee voting aye, Councilman Hamernik voting aye, Councilman Fitzpatrick voting nay, the motion carried by a vote of 4 to 1. DISCUSSION ON VOTE '76 RECEPTION: Councilwoman Kukawski reported on the Vote '76 Reception at the State Capitol in which Fridley was a winner in this program. She stated a bottle of wine was received from the City of Alameda, California and requested direction from the Council on who they wished to receive it. Councilwoman Kukowski suggested it be presented to the League of Women Voters for their work in the program. MOTION by Councilwoman Kukowski to present the bottle of wine to the League of Women Voters at their meeting tomorrow evening. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING COMMUNICATION FROM MR. TOM MAAS REGARDING PARKS: Councilman Schneider read a letter he received from Mr. Tom Maas, age 12, 6880 Channel Road N.E., and friends regarding lack of park facilities in their area. MOTION b Councilman Fi 4� �,A� , Y t�z�a�r�ck to receive the communication and respond to Mr. Maas s letter and refer same to the Park Board. Secanded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. LICENSES: ° MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded'by Councilwoman Kuko��ski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilwoman Kukowski to authorize pa��nent of Claims No. 089A30 through 102878. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ _ _ _ _ _ _ __ _ _.__ __ I i I � � i I G7• REGULAR �EETING OF APRIL 18, 1977 PAGE il ESTIMATES: Smith, Juster, feikema, Chartered 1250 Builders Exchange C.uilding Minneapolis, Minnesota 55402 For legal services rendered as Prosecutoi° by Carl Newquist for March, 1977 $3,190.00 Weaver, Talle & Herrick 316 East Main Street Anoka, t�innesota 55303 For legal services rendered as City Attorney b.y Virgil Herrick for March, 1977 $1,323.25 MOTION by Councilman Hamernik to approve the estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated he had�submitted an estimate for work done on the revenue bond issue and asked if it had been included in the estimates which were approved. Since this had not been approved, the following action was taken. MOTION by Councilman Fitzpatrick to approve the estimate from ldeaver, Talle & Herrick in the amount of $1,875 for work done on the revenue bond issue. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanir�ously. ADJOURNMENT: MOTION by Counci7man Hamernik to adjourn the meeting. Seconded by Counci7man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridiey City Council of April 18, 1977 adjourned at ii:5Q p.m. Respectfully submitted, Carole Haddad �illiam J. Nee Secretary to the City Council Mayor Approved: :'. , ' � � , , ' � � � � ' OF�DINANCE N0. AN ORDINANCE �STABLISHING CHAPTER 511 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPING CENTERS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLO�NS : Section 511.01 Definition Private Shopping Center parking lots conducted for commercial purposes and open for public izse in conjunction with business enterprises are hereby declared to be affected with a public interest. Section 511.02 Careless Driving ' No person using said area_shall operate a motor vehicle in a careless manner. Section 511.03 Physically Handicapped Parking No person shall park, obstruct, or occupy with a motor vehic�e, any parking space, on public or private property, designated and posted as parl�ing for handi- capped persons, pursuant to Sect�on 5502 of the State Building Code, unless said vehicle prominently displays an insignia or certiiicate issued by the Department of Motor Vehicles pursuant to Minnesota Statutes 169.345 C3)• � � Section 511.04 Motor Vehicle Code by Reference The terms and language of this Chapter shall be determined by the de�inition used in the Minnesota I�7otor Vehicle Code, applicable to public streets, as found in Minnesota State Statute 169.01, as amended, and that said Statute is hereby adopted by reference. Section 511.05 Penalties , Any person who shall violate the provisions of this ordinance shall, upon conviction there, be guilty of a misdemeanor and subject to all penalties provided ' for such violations under the provisions of Chapter 901 of this Code. 1 DEFINITION CARELESS DRIVING PHYSICALLY HANDICAPPED PARKING MOTOR VEHICLE CODE BY REFERENCE P�NALTIES I' PASS�D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF I � ' , 19??. Ordinance No. Page 2 MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading : Apri 1 18, 1977 Second Reading: Publish: JPH�pr �� , ��' � ,.'�� ,, ��o�Ft ,� ri� �� `.. ,' *Ao � � ��'?� ., ,,, ,�1 .� , ,, �4, , , �' -�,`�., ' . :�, � . } . - City of Fritlley id) II7Qle50tA ATTENTION SHOPPING CENTER INTEREST APRIL 21, 1977 ' Attached you will find a proposed ordinance being considered b.y the City Council, City of Fridley regarding traffic control within shopping centers. The primary intent of this ordinance is to ' give public officials the authority to enforce the handicapped parking restrictions. 1B As you may know, the 114innesota State Building Code requires that all occupancies except sing)_e family and private garages, provide facilities for the handicapped. The Code deals with building accessibility, parking requirements, etc. The Code also requires one parking space be provided for each 50 spaces or fraction thereof. They must be 12 feet in width and located as near as practical to the building entrance. These spaces must be identified as handicapped spaces. Uniortunately, there have been no provisions made for the enforcement af the State requirements. There�ore, various local communities are enacting ordinances similar to the one attached, for the purpose of assisting property owners in enforcing this regulation. The first reading of this ordinance was made on April 18th, 1977. The second reading ls scheduled for May 2, 1977 in the Fridley City Council Chambers. If you have any special interests or concerns regarding the attached ordinance, you are encouraged to appear before the City Council on May 2, 1977, or if you desire, you may forward your comments to the City Staff prior to that date. Thank you for your interest and assistance in this matter. Very truly yours, ' ��.,�..t_ �'. James P. Hill Assistant City Manager/ Public Safety Director JPH/pr Att. ' � � I , ' , ' � L _J OIZUINANCIi N0. AN ORUINANCG M1I:NDINf, CIIAP'1'[:R 4U5 01� '1'llli FR11)LGY CI71' COUG GN'!'7Tl.GD CAIt1.L 7'I:I.I:VISIUN l�RflNCIIISIi Thc City Gowicil of thc City of Fridlcy docs ordaip as foliows: Chaptcr 405 of the Tridlcy City Code is hereby amended as follows: 405.05 Paymcnt to thc C.ity Thc company shall pay to the City on or Ucforc �Ix;•eH-�s� Octobcr lst of cach ycar following the commencement of cable cast.in� an ar,iount eqn�l to f'it�e pereent (So) of t.1ie annualgY•oss subscriber revenues or such cielcliti.onal percentage of revenues that may in the future be decmed Uy the Pederal (:ommunications Commission or such othcr r•e�ulatory bo�ies that may havc authority ovcr the cstablishment of franchise f.ees t.iken in and reccived by the com}�any i'or scrvices providecl ti��itlti.n the City dui'ing tlie yca7•, f�or thc use of the streets and other facilitics of the City in the operatio�i of thc CATV system and for thc mtmicipal rc�ulation thcrcof. '1'his pa��nent �hallbe in additi.on t.o any othcr tax or pa��ment otiaed to the City Uy thc coripan�•. Li the event that any payment is not made by ?la�eH-�st October lst, as provi.ded abovc, interest on the amount due, as dctermined from thc gross subscriber revenucs rcport of the certi- fied public accotnrt ant, shall accrue from such date at the annual rate of eight percent (8%). The amounts desi.gnated in this section may be ameruled no more than once each year by the City Council consistent i+�ith increased costs for municipal supervision and after a public hearing. 405.116 ArUitration The City Afanager is hereby authori.zed and empotivered to adjust, settle, or compro- mise any controversy or charge arising from the operations of any company under this ordinance, either on belialf of the City, ox t}ie cornpany, in the best interest of the public. Either the City or the compa�ty �,�hen dissatisfied with the decision of the City Dfanager may appeal. the matter to a I�oar1 of A:bitrati.on :or heari.ng and final determination. The ]3oard of Arbitrat3-on may accept, reject or modify tlie decision of the City Pianagcr; and the Boarci of Arbitration may adjust, settle or compromise any controversy arisin� from the operations of any company or from any provision of this ordinance. The decision of the Boar.d of Arbitration shall be final. 405.194 Alternate Approach If the system operator desires to distriUute signals by using multiple cable ' techniques of specialized receiving dcvices, which, because of the basic desi.gn, cannot comply wi.th one or more of the tec}mical standards set. fortl� in garag�a�k- {e�-{��3-e�-�k�s-see��ex; Section 405.19s, he may be permitted to operate ti�ith such equipment provided that an adequate shoi�ing is made �,hich c:stabli-shes that , the subscribers are provided an equi��alent c�uality of service. The City expects full technical proof of equivalent performance before it can judbe whether such an altPrnate approach ��ould be acceptable. LJ , � ' ' ' I ' ' 405.195 Dfeasurements 6. The amplitude of discrete frequency interfering si.g�lals tivithin a cabie television channel may be determined with either a spectrum analyzer or with a frequency-selective volt-meter (field strength meter), or otlier suitable instruments, which instruments have been calibrated for adequate accuracy. The field intensity meter may be equipped with external frequency selective volt- meters to measure cross-modulation components. If calibration accuracy is in doubt, measurements may be referenced to a calibrated signal generator, or a calibrated variable attenuator, substituted at the point of ineastircmcnt. I£ an amplifier is iised bet�.een tlic sulscriber terminal and thc measuring instru- ment, appropriate corrections must be mnde to account for its gain. Dleasu mments shall exclude those contaminants knon�n to be occasioned by propagation anomolies or those present on receivin� a�iten�ia, wherc excepted by -E-5 (a) (b) (c) (d) this Section. System contaminant measurements msiy be made ti�ith yrocessing equipment inputs disconnected and terminated in a suitaUle terr�ination resistor. 2 � Ordinancc No. Amending Chapter 4U5 -2- 40,5.2:53 1'armits, Installation and Scrvice � Within one hc�ndred eif;hty (l80) days after thc connncncement of construction and installation o; the system, company shall procecd to rcnder service to SUUSCTII)CTS, ancl thc complet:ion of tlic construction anJ inst�llation shall bc pursucJ with rcasonablc diliPcncc thcroaftcr, so that scrvicc to all arcas • designated on the map accompanying the application for fr.uichise, as-�red�dee� ' 3»-Seet}eH-23-liei�ee,€; shall Uc extendcd to at lcast 20°a of thc City cach ycar and to Uc completcd within fivc (S) years. f 405.234 Permits, Installati.on and Scrvice Failure on the part of. the company to commence and diligc�ntly pursue each of the foregoing requirements and to comi�lete each of the matters set forth herein, shall be �rounds for tcrmination of such franchise, undcr an1 pursuant to thc terms of See��ot�-S-He�ee3`; Section 205..'.9_ pro�-ided, ho�aever, that the Coimcil in its discretion may extend tlie tirne for the con:mencement and compPeti.on of constructi_on and installation for additional periods in thc cvcnt the cor�pany, acting in good faith, experiences delays Uy reasons of circumstances beyond their control. 405.2G1 Preferential or Discriminatory Practices Proliibited The company shall not refuse cable television service to any person or organi- zation who rec{uests such service for a laivful purpose, nor shall the company refuse any person or organization the right to cablecast pursuant to provisions Of is�E-&REi-��E- SCCt1G715 4050253 and 405.225 of tliis ordina�ice. Tlie company shall not, as to rates, charges, service facilities, rules, refiulations or in any otlier respect make or grant any preference or advantage to any person, nor suUject any person to any prejudice or disadvantage. 405.28 Cable Television Commission (paragraph 3) The company shall furnish the Commission with pe��c��l=e-- �e�e��s- business reports on or Uefore Febriiary lst and Au�;ust lst advising tlie Commission on: progress made in installation of the system, utilization of channels; program scliedules; ne�a services planned; and an annual projectionr i.e. busi.ness plan for the forthcoming year. Specific form and frequency oi reports shall Ue specified in a memorandum of understanding between the City and the company. The Commission shall review th� accomplishments of t)ie eompany and determine if progress is consistent with the company's projections. 7'lie Commission shall issue reports, at least semi-annuaily to tlie residents of the City. 405.301 Procedure Upon Termination Upon the expiration, terminati.on or revocation of this franchi.se, the company shall enter upon thc public tiaa}'s and public places of the City for the purpose of removing therefrom all of its plants, structures and ec{ui.pment and shall promptly remove all of its facilities and equipn�ent from thc prenises of all subscribers at a time convenient to both the company ans the suUscribers, but only after the City has had anple time and opportunity to renew t}iis fraiicliise or to purchase, condemn or secure anotlier franchise. In so removing such plants, structures and equipment, the company shall refil2, at its own expense, any excavation that shall be made Uy it and shall leave such puUlic ways and piaces in as good condition as that prevailing prior to the company's removal of its equipment and appliances without affecting, altering or disturbin� in any way the electric distribution or telephone caUles, wires or attachments on any poles. The City Engineer or his appointee shall inspect and approve the condition of svch public ways and public places and cables, ��ires, attachments and poles after removal. In the event of dispute of the City Engincer's opinion, the company or any othcr person mav request a public hearing before the Council. Liability insurance and indemnity provided in Section �� 405.17 hereof and the security fund provided in Sectio�i � 405.07 hereof shall continue in fuil force und effect during the entire period of removal. 2A i � , � ' � � i �_ J Ordin�rnce No. -3- M�endi.nF; C}iaptcr 405 405.302 Procedure Ui>on Rcimbursement If this franchi.se is cancelleJ, or not renewed, for any rcason other than the company�s failurc to comply with thc tcrms and conditi.ons of this ordin.uicc and othc3• applicaUlc local, statc and fc�lcral laws and regulati.ons, that part of the system locatecl in ihe City shall, at the option oP the City, become the property of thc Gity at a cost not to excced its then Uook value (i.e. cost less accumulated depreciati.on) according to f�enerally accepted accoimting principies. Such hoo}: value if not anreed upon shall bc determinec3 by arbitrati.on I�ursuant to Scction ��-F- 405.]lG of this ordinancc. Eithcr party may demuncl arbitration to detcrtni_nc book valuc, lioo}: value shall not include any valuat:ion bascd upon this franchisc. 405.321 Applicablc Laws �'#�e-ee�nraai��-sHa}}_a�-a��-��nes-ee�eN�y-w�fk-a��3-�Hws;-oi>ca�Hanees-enca-regx�a�ieHs e�-EHe-Fecdera�; -S�a�e-r�Hd-6��y-e€-}��id�ey-Y,ovea�lj�oeHts-e�-aNy-edhitHSt}at�ve-- agefte}es-tkeree€: If any rederal or State lati� or regulation shall ra�ui.re or permit the company to perform any service or shall prohibit thc company from performing any service which may be in conflict with the terms of this franchi.se or any ordinance of this City, then as soon as possi.ble follo�aing knoi��ledge tliereof, the company sha.11 notify the City Aianager of the point of conflict Uelicved to exist bet�aecn such law or regulation and the ordinance of the City or this franchise. If the City Cowlcil dctermines that a material provision of this franchise is � affected by such Federai or State latie or rcgulation, tlie City Council shall have the riglit to modify, alter, or repeal any of the provisio�is of this francliise to sucli reasonable extent as may be necessary to carry out the intent and purpose of this a.greement. ' , � ' � � ' � � � ' / I ' � ADOPTLD BY T11H CITY COIPv'CIL OF TIiE CI1'1' OP FRIDLEY THIS DAY OP , 1977e ATTEST: CITY CLERK - TIARVIN Ce BRU;VSELL Public Hearing: April 11, 1977 First Reacting: ril 1R, 1 72 7 Second Reading: Publish........ hiAl'OR - {4II.LIAb9 J. \EL 0 2� or�zraavcL No. AN ORDINl�NGti ESTABLISHING CF-U\PTER 602 OP Tf-IE FRIDLEY CITY CODE ��l`I'IT'LED "BEER LICEtii'SIL'G" /�tvTD REPE�LING TI�E PRESFr�IT CHAPTER 602 I:��ITITLLD "BEER LICENSING" I�r ITS �v`rII2�rY; A��iJ I��iL3�iDING CHAPTLIZ 11, SE7�i'ION 11.10 OF SAID C011� RF.r,A'�'�I:VG ^1O LICL�'iQSE FELS TI-TE CITY COU;�ICIL OF TI-� CITY OF FRIDLEY DOES OItDAIN AS FOLLOWS: SECTIOi� 602.01 Definition of Ternls Subdivision 1. Beer. As used in this ordinance, "beer" or "non-intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one percent by volwne and not more than three and two-tenths percent by weight. Subdivision 2. Tavern. "Tavern" means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages, and soft drinks sold at retail for conswnption on the preruses. Subdivision 3. Entertairiment. Entertainment as herein used is defined to include, but not be li.mited to, music, singing, plays, dancing either by the public or performers, motion pictures, eaposition, perfor�nances, male or fema.le reviews, fashion shows, 'I'V other t�lan regular public channels, concerts, or any other deliberate act intended to amuse or entertain patrons and/or employees. SECTION 602.02 License ReQuired ' Subdivision 1. Licenses. No person, except wllolesalers and manufacturers to the e�ctent au lot�r�ized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or affer for sale, any beer within the city without first having received a license as hereinafter provided. Licenses shall be of three � kinds: (1) Regular "on-sale"; (2) Temporary "on-sale"; (3) "Off-sale". ' � ' ' Subdivision 2. Re ular On-Sale. Regular "on-sale" licenses shall be granted only to bona fide clu s, taverns, exclusive 'bn-salc" liquor stores, restaurants, and hotels where food is prepared and served for consumption on the premises. "On-sale" licenses shall permit the sale of beer for conswnption on the premises only. Subdivision 3. Tem�ora �"On-Sale". Temporary "on-sale" licenses shall be granted only to �ona �de cl s and charitable, religious, and non-profit organi.zations for the sale of beer for eonsumption en the premises only. Said temporary licei�.ses shall be granted upon written application to the city council upon forms provided by the city. The provisions of Chapter �1, Fridley City Code, as applicaUle, sha11 be observed by sa.id non-profit organizations. Subdivision 4. "Off-Sale". "Off-sale" licenses shall permi� the sale of beer at retail, in ze original pacl:age for consLmtption .off fihe premises only. 3 '' . 3 A -2- ' SECTION 602.03. License A�plicati.ons Every a�plication for a license to sell beer shall be made to the city clerk ' �on a form supplied by the city and containing such inforrnation as the clerk or the city cowlcil may require. It shall be i.mlawful to make any false statement in an application. SECTION 602.04. License Fees Subdivision l. Pa ent Re uired. Each application for a license sha11 be accompanied by a receipt rom ie city treasurer for payment in full of the rec{uired fee for the license. All fees shall be paid into the general fimd of the city. Upon rejection of any application for a license, the treasurer sha11 refund the amowzt paid. Subdivision 2. Expiration; Pro Rata Fees. Every license except a temporary license shall eapire on t�e last day o Apri1 of each year. Each license except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the rernainder of the year for a pro rata fee. In eorrg�uting such fee, any unexpired fraction of a month sliall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. Subdivision 3. Fees. Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall include an"off-sale" license at no additional expense. The annual and terr�orary license fees and initial investigation fee shall be as provided in Chapter 11 of this code. SECTION 602.05. Granting of License Subdivision 1. Inv�ation and Hearing. The city council, or its authorized agent, shall investigate al� l�acts set out in the application. Opportunity shall be given to any person to be heard for or again.st the granting of initial "on-sale" license. After suc11 investigation and hearing, tiJnere applicable, the coLmcil shall grant or refuse the application in its discretion. Subdivision 2. Transfers. Each license shall be issued to the applicant only and shall not be �ransferable to another holder. Each license shall be issued only for t�ie premises described in the application. No license may be transferred to anotlier place without the approval of the co�cil. SECTION 602.06. Persons Ineligible for License No license shall be granted to or held by any person who: (1) Is Lmder 19 years of age; (2) Has, �aithin five years prior to the application for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sa1e, distribution, or possession for sale or distribution of intoxicating liQuors or beer, and cannot show competent evidence l.mder A4i.nnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; � - 3- 1�. - 3B ' � � �� (3) Is a manufacturer of beer or is interested in_the control of any place where beer is manufactured; (4) Is not of good moral character and repute; if the applicant has been an owner, manager, or enTployee of a saloon, hotel, restaurant, cafe, tavern, or otlier bu�iness of a similar nature, the city cotmcil may consider ihe applicant's past perform�lce record in determining whether a license shall be granted or renewed. (5) Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stam� for the sale of intoxicating lic{uor at any place, Lmless there has also been issued to him a local license to sell intoxicating liauor at such place; or (b) Is not the proprietor of the establishment for whicli the license is issued. SECTION 602.07. Places Ineligible for License Subdivision 1. Distar�ce from Schools and Churches. No license shall be granted for any place wi in 30 eet o any p lic or parocliial school or within 300 feet of any church. In applying this restxiction, the distance shall be measured in a straight line from the school or church b uilding to the main public entrance of the premises described in ihe application. Subdivision 2. No license shall '�e gra�-�ted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinauent and luzpaid. SECTION 602.0�. Conditions of License � Subdivision l. Genera]. Conditions. Every license shall be granted subject to the conditions in t e ollowing subdivisions and all other provisions of this ordinance and of any other applicable ordinance of t11e city or state law. � Subdivision 2. Sales to T-�inors or Intoxicated Persons. No be�r sha11 be sold or sexved to any intoxicated person or to any person Lmder 19 years of age. , � ' � � :� � Subdivis ion 3. Constzn?ption by Minors . beer on the licensed premises. Subdivis ion 4. Employment af AZir�ors . on the premises o a t.avern. No minor shall be permitted to conswne No person w�.der 19 shall be employed Subdivision 5. Ga.mbling. No ga.mt�ling or any ga�ling device shall be permitted on any liT'censed premises. Subdivision 6. Interest of D�anufacturers or jUholesalers. No manufacturer or wholesaler of eer s all ave any owners_ip o or interest in an establishment licensed to sell at retail contrary to the provisions of D4innesota Statutes, Section 340.031. No retail licensee and manufacturer or iaholesaler of beer shall be parties to asry exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a�manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. ■ . � � � , � i � ' � �E Subdivisian 7. Li uor Dealers' Sta No licensee shall sell beer while holcling or e�dlibit�.ng ir. t e license �premises a£ederal retail liauor dealer's special tax stam� i.mless he is licensed �der the laws of Minnesota to sell intoxicating lir{uors. Subdivision �. Sa1es of Intoxicating Li uor. No licensee who is not also licensed to sell intoxlcating ll�uor an wio ctoes not hold a"public drinking place license" shall sell or permit the cons wr�tion and display of intoxicating liquors on the licensed premises or serve any liauids for the purpose of mixing with intoxicating liquor. The presence of intoxicating lic�uors on the premises of such a licensee shall be prima. facie evidence of possession of intoxicating liquors for the pt.a pose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liauors shall be prima facie evidence that intoxicating liauor is being permitted to be conswned or displayed conirary to this ordinance. Subdivision 9. �I�ns��ec-t��ion. Any police officer or health inspector ma.y enter, inspect and search tF�e premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liauors and other evidence of violatiens foLmd on the licensed premises in violation of this ordinance. Subdivision 10. Licensee Res onsibilit . Every licensee shall be responsible for tne concluc�. of Is place o� us�.ness and sha11 maintain conditions of sobriety and order. The act o.f any e.rr�loyee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall he liable to all penalties provided by this orainance ec{ually with the enr�loyee. SECTION 602.09. Subdivision l. Closin� Hours. No sale of beer shall be made on any Sunday between ihe hours of 1:00 a.m, and 12:00 noon, nor between the hours of 1:00 a.m. and �:00 p.m. on the day of any statewide election. No sale shall be ma.de bet�aeen the hours of 1:00 a.m. and t3:00 a.m. on any other day. Subdivision 2. Remaining on Premises. It shall be Lmlawful for any persons � or customers, o er ian e icensee or his employees, to remain on the premises after 1:30 a.m. There shall be no conswnption by any persons, including the licensee or his employees, after 1:30 a.m. I , , I � ' SECTION 602.10. Clubs. No club shall sell beer except to members and to guests in the company of inembers. SECTION 602.11. Restrictions on Purchase and Constunption. Subdivision 1. A� e��iis�re �resentation. No minor shall misrepresent his age for the ptmpose of obtainu`�-r-ig T�e-er. Subdivision 2. Inducing Purchase. No person shall induce a minor to purchase or procure beer. 3C 1 �� ' � , -s- , Subdivision 3. Procurement. No person other than the parent or legal guardian shall procure beer�or any minor. Subdivision 4. Possession. No minor shall have beer in his.possession wit}z the intent to consume it at a place other than the household of his parent or guardian. Subdivision 5. Co��tion. No minor shall consume beer unless in the company of his parent or guardian. Subdivision 6. Lic�uor Conswnption and Display. T10 person shall conswne or display any intoxicating liquor on t.he premises of a licensee t,mless said licensee is also licensed to sell intoxicating liquors or holds a"public drinking place license". , SECTION 602.12. Entertainment License Reauired. No person operating an establishment in the business of selling, permitting ' to be displayed or conswned, an iritoxicating lic{uor or non-intoxicating ma.lt liquor, shall permit any enterta.inment on the premises without having secured a license to permit such entertainment from the city co�cil. ' SECTION 602.13. Revocation. The violation of any provision or condition of this orctinance by a beer licensee ' or his agent is g.roLmd for revocation or susnension of the license. The license of any person T-aho holcts a federal retail liauor dealer's special tax stamp i�Tithout a license to sell int.oxicating lic{uors at such place shall ' be revoked iaithcut notice and without hearing. In all other cases, except where �andatory revocation is provided by 1aw witiiout notice and hearing and except wh�re suspensicn may be made iaithout a hearing, the holder of the license � shall be o anted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nat�.me of the charges against the licensee. � SECTION 602.1�. Investigation Fee. 3D Chapter 11 of the city cade shall be amended by striking t'rie reference to a 1 $25.00 transfer fee. The Chapter 11 shall be further amended by adding the following: Code # Subject Fee 6�2 - On Sale Beer 35.00 Investigation Fee ' ' ' SECTION 602.15. Repeal. Chapter 602 of th� Fridley City Code is hereby re�ealed. PA5SED AND ADOPTED BY TfIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ' � ATTEST : ' CITY CLERIC - MARVIN C. BKUNSLLL � ' �ul.�•t�):afiMlifl�I:'15�i� �t�- 0 CITY OF FRIDLEY M E M 0 R A N D U M T0: NASIM M. QURESHI, CITY MAPdAGER, AND CITY COUNCIL FR0��1: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: BEER LICENSING ORDINANCE DATE: APRIL 27, 1977 The City Attorney has drafted the attached "Beer Licensing" Ordinance. This ordinance ties in with the recently adopted Entertainment License. The Council had considered the first reading of a beer ordinance on two prior occasions. There were several questions raised, therefore, the ordinan ce has been modified and it should be adopted as a fi rst readi ng agai n. MCB :sh Attachment 3� 0 ORDINANCE N0. 0 AN ORDINANCE AMENDING CHAPTER 603 OF THE PRIDLEY CITY CODE TO AUTHORIZE A CONGRESSIONALLY CHl�RTERED V�TERANS ORGANIZATION TO SELL LIQUOR ON SUNDAYS The City Council of the City of Fridley does ordain as follows: Chapter 603 of the Fridley City Code is amended by adding a section as follows: Section 603.01 Sunday Liquor Sales No person or organization shall sell any intoxicating liquor on Sundays without obtaining a separate license for said Sunday sales. The annual license fee for "Sunday Liquor Sales" shall be as provided in Chapter 11. This fee is in addition to the fee charged for an "On Sale" license. All provisions of the ordinance pertaining to the "On Sale" license shall apply to the "Sunday Liquor Sales" license insofar as applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ , 1977. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIE'�M J . NEE n 4 4A CITY OF FRIDLEY M E M 0 R A N D U M T0: NASIM M. QllRESfiI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIf�. DIR. SUBJECT: LICENSING OF CHARTEftED VETER�NS ORGl�NIZATIONS FOR SUNDAY LIQUOR SALES DATE: APRIL 22, 1977 The subject of licensing veterans organizations for Sunday 1iquor sales wa� discussed with the Council a feti,r weeks ago. The Council asked that an ordin ance be drafted providing for licensing veterans organizations for Sunday liquor sales. Mr. Herrick has drafte:� the attached ordinance, wi�ich if adopted, would allo�v the City to issue licenses for Sunday sale of liquor to veterans organizations. MCB:sh Attachment � , oRni►�nNCE r��o. A�V ORDINlk«CE AUUPTIIJG CIlAPT[P 212 [1aT7TLED MIIdIIJG, ANU REPEALI��G PRIOR CHAPTf.R 212 C.I�TIT!_ED 11ItJING SIIWU ANU GkAVEL 7he City Council of the City os fridley does ordain as follo��rs: SECTIOf� 2.12.01 FINUIt�G AfdD PURPOS[ ' The City of Fridley reco9nizes that surface mining er.ists and that this minin9 can be an �aid to tne preparation of devclopment sites. The City further finds that it is not practicable to niine minerals required by society �•�ithout dis- turbing i:he surface of t:h� earth and produciny ��rast:e rnater�als. The danger exists that noncon,patil�le land uses could unnecessarily deny the benefit of � these materials to society in the futur•e. It is further found tfiat the char- aeter of mininy may create undesirable land and arater conditions i•�hich can be detrimental to the hcalth, safety and �•ielfare and property riyhts of the citi- zens of the City o� Fridley. Ilov+ever, if properly reyulated and if reclamation , of surface rnined land, is ��equired, mining can tal:e place ��ithin the City in such a manner that undesirable side effects of the operation may be restricted to an acceptable level. ' ' � �_� The purpos� of this ordinance are: To provide for the economical availability of sand, gravel, rock, soii and otfier materials. To establish uniform and reasonable liinitations, safeguards and controls in the City, for i:he future mining of said materials. To control the effect of the mining operation upon adjacent property and other areas of the City. To provide for the restoration of the mining operation and mining area during and after termination of the ��emoval operation. To control and minimize pollution caused by erosion or sedimeniation, all in furtherance of the health, safety and general vaelfare of the citizens of Fridley, Minnesota. SECTIOPi 21?_.02 RELATIO�SHIP TO ZOi�dIP1G OP.DINAI�CE , This ordinance shall apply to areas within the City of Fridley in �•rhici� the removal of minerals including sand and gravel is a permitted or special use. The standards ard requirements set by this ordinance shall govern the issuance, rene�val and termination of the mining permit. ' , � ' � ' ' • � �_� ' SECTION 212.03 D[FINITIONS l. Dust - Air-borne inorganic particulate matter other than smoke. 2. Mining Permit - Ti�e permit requir,ed by this ordinance. 3. Minerals - PJonmetallic material found in the earth incl�ding, but not limited to sand, gravel, rock and soil, which may be covered by over- burden. 4. Mining - 7he removal or extraction and processing of minerals. 5. Overburden - Those materials which lie bettti�een the surface of the earth and the mineral deposit to be mined. 6. Rehabilitation - To rene�� lard to a self-sustaining, long term use which is compatible �•rith contiguous land uses in accordance with the standards set forth in this ordinance. 7. Topsoil - That portion of the overburden �vhich lies closest to the earth's surface and supports the gro�vth of vegetation. SECTION 212.04 MINI�G PERMIT Except as hereinafter provided in this ordinance, it shall be unlawful for any operator 1:o engage in mining without having first a written permit from the City of Fridiey authorizing the san�e. SECTION 212.05 EXCEPTIONS 7he permit requirements established by this ordinance shall not apply to: l. [mergency �aork necessary to preserve human life or property. Emergency work perforined under this section shall be reported to the City of Fridley _. _ _ . � 5 o��orr�nr�c��: ho. Page 7wo at the earliest practical opportur�ity. An operator commencing em.r,rgency work shall within 10 days followin, Lhe r�niinencement of tliat aCtiivity, ar:ply for the issuance of a mininy �,ermit and on the is;uance therof - may be r-equired to perform such t:nrr �!s deterinined tc� be reasonably nec- essary to correct any envii•onmental in�pairini�nt occasioned by such work. 2. Mining done in conjunction v�ith a building permit or other permit required by tf�e Ci ty. 3. Operators nat conducting operations qnverne�i by this ordinance and for t-�hich this ordinance requires a perinit, shall be noi.ified �;rthin 15 days of the adoption of this ordinance that tliey are requir�d Lo r;ake applica- tion for a permit. Upon notificatioi�, opci�atc,rs shall h�3ve GO days in a�hich to com�leLe per�niti a{�plicatiions. Failure to apply tor a permit within 60 days shall bc a violation of this ordinance. SECTION 212.06 APPLICATJOPJ FOf; A�;D PROCESSIP�G OF PERI4IT 1. An application for a minii�g permit shall contain: (a) The name and address of the operator and o��m er of tfie land. ��) (c) (d) (e) (f) The correct legal tlescription of the property �•rhere i:he extraction is proposed to occur. Specifications of the followiny using appropriate maps, photographs and surveys: i. the physical relationship of the proposed mining area to the community and existiny com�nunity development. ii. site topography and natural features including location of water courses and ��ater bodies within the planned mining area. iii. the quality and quantity of minerais to be excavated. iv. the depth of wate�° tal�les tfiroughout the planned inining area. v. the average thickness of overburden in the area. The purpose of the oper•ai:ion. The estimated time requir•ed to complete the operation. The plan of operation, including processing (any operation other than direct mining ar,d removal), nature of the processing and equipment, location of the plant, source of �-�ater, disposal of ��ratei-, and reuse of ��ater. ' �9) Travel routes to and from the site. (h) The plans for drainage, �vind and ��ater erosion control, sedi- mentation and dust control. 2. Referral to Planning Cominissian (d) The Planning Commission shall hold a public hearing on the application within sixty (60) days and shall provide published notice of said hearing at least 10 days befo�,e the hearing together �vith mailed notice to all property owners �vithin 200 feet of the property affected. Failure to give mailed notice to individual p��operty owners, or defects in the notice shall not invalidate the proceedings, provided a bonafide attempt to comply with the mailed notice requirement has been made. � Yi ORQINANCE N0. Page Three (b) Thc applicant and/or his representatives shall-appcar before the I�lanning Cor;mis�ion in order to an;wer questions concerning the minin9 permit a�,plication. lhe Planning Commission shall report its findings to the Council indicat.ing its recoir,rr�endation as to approval or de7ial and specifvin� �•�hat, if any, conditions are necessary regarding the rnining permit. 3, Council Action (a) Upon receiving the recommendations of the Planning Commission the City Couilcil must take action �•iithin sixty (GO) days a��d may affir�,� or deny the application b,y a simpie majority vote. 4. Issuance (a) The issuance of any h1ining Permit is dependent on the fact that the activities permitted riill not be dangerous or othei�r�ise detrir��ntal to persons residing or ��:orking in the vacinity thereof, or to the public vrelfare, and will not impair the use, enjoyment, or value of any property. (b) The issuance of any Mining Permit may also be suhject to conditions in order to pr�otect the public health, safety, convenience and ��el- fare, or to avoid i.raffic connestion> or hazard, or other dangers, or to promote conformity of a proposed use �•�ith thc cnaracter of the adjoining property and uses, and the district as a N�hole, or to pi°o- tect such character. SECTION 212.07 STAP;DARDS 1. Operation shall be conducted ��rithin the confines of the property. 2. -0peration shall not be conducted ��rithin: (a) Five feet of the right-of-�vay of an existing public utility. (b) Fifty feet of the boundary of any zone where such operations are not pei�mitted. (c) Thirty feet of the boundary of an adjoining property not in mining use. 3. Fencing - During operations, access to any area where collections of �•rater are one and one-half feet in c�enth or more or where excavation slopes are steeper than one foot vertical to one and one-half feet horizontal and any other areas �•:here obvious danqer to the public exists shall be controlled by a four foot tall fence. Set standard for fencing t��ith suppo�°t posts spaced every 10'. 4. Appearance and Screening: (a) Machinery shall be kept operational. (b) Abandoned machinery and rubbish shall be removed from the site regularly. (c) All structures that have not been used for a period of one year shall be removed from the site. (d) All equipment and temporary structures shall be removed and dismantled not later than six n�onths after termination of mininy operation or expiration of this permit. (e) Where practical, stockpiles of overburden and materials shall be used to screen the mining site. (f) 4lhere practical, tlie perimeter of the mining site shall be planted or otherwise screened. (g) Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, t��ansplanting and re- planting of trees, shrubs, and other ground cover along all setback areas. , . �� ' I ' oR��rin��cE r�o. 5. Uperatin,y Standards: Page Fuur (a) Noise--the maximwn nolse level at the perimeter of the site shall be within the l�rnits set t>y the hiinnesota Pollution Control Ayency and the Environmental Protection �yency of thc United States. (b) Hours�-all mining operations shall ba� conducted bet�•�een 7 a.m. anci '/ p.rn. �londay through Saturday only. (c) [xplosives--th� use dnd handlin9 or er.plosives shall ��e co- ordinated v,ith the pulice department. �lasting shall occur only at hours specified in the permit and at no other time. (d) 'Dust--operators shall utilize all practical m�ans to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the 11innesota Pollution Control Flgency. (e) l�later Pollution--opei,ators shall comply arith all applicable Minnesol;a Pollution Control Agency regulations and Federal and Environmental Protection Agency regulations for the protection of 4��ater qual ity. Pio ��raste products or ot°ocess residue, includiny untreated �,�ash �•;ater, shall be deposited in any lake, stream or natural drainage system, er.cept those lakes or ponds aaholly contained viithin the extraction site may be so utilized. , (f) Topsoil Preservation--all topsoil sliall be retained at the site until compl�te rehabilitation of the site has taken place according to the rehabilitation plan. 6. Rehabilitation Standards: (a) Rehabilitation shall be continuinq operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the extraction site. I' (b) Slopes--all banks and slopes shall be left in accordance vrith the rehabilitation plan submitted ti��ith the permit application. ;Jo rehabilitated slopes shall be s�ee�er than four feet horizontal to one foot vertical, except that steeper ' ' slopes may be permitted in accordance ��ith the rehabilitation plan ��hen said slopes are planned for slope related usages, for example, ski hills and sliding hilis. �, ' (c) Cover and Planting--slopes, nrated, and backfilled areas shall be surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground I cover shall be tended as necessary until it is self-sustained. � , I ' {d) Slopes to l�later Qodies--no slope descending to a ti�ratcr body shall exceed one foot vertical to four feet horizontal. (e) tdater bodies--all water areas resulting from excavation shall be rehabilitated as follows: i. all standing water bodies, except those approved for storm water retention, ��rill be filled with acceptable fill material by the end of each construction season. ii. any water body to be used for storm water retention must be approved by the Engineering Department. � (f) Final Elevation--no part of the rehabilitated area which is ulanned for utilization for uses otfier tlian open space or agriculture shall be at an elevation lo�,�er than the minimum required for gravity con- nection to sanitary and storm se�;er. ' � 5C 0 ORDINANCE N0. ra�� r;�� SfCT1U�! 212.OP Pf_FS & �f1t1D 1. The annual perinit fee and er.piration date shall be as provided by Chapter 11 of this Code. 2. Post a surety bond acceptable to the City or a certified check in an equivalent amount for the sum of 51,)00 per acre or fraction thereof for the land to be subjected to tl�e mining operation run- ning to Fridley to secure satisfactory performance of the reouire- ments set forth in this ordir�arce. Sf�CT10Pd 21?.09 VALIDITY lhe validity of any vrord, section, clause, paragraph, sentence, nart or provision of this ordinance shall not effect the validity of any other part of this or- dinance H!hich can be given affect i•�ithout such invalid part or parts. ;ECT10F� 212.10 EFFECTIVF DA7E This ordinance shall take affeci: upon adoption by the City Council of Fridley, ,linnesota. SECTI01� 212.10 REP[AI_ Chapter 212 of the Fridley City Code as it existed prior to the adoption of tliis Ordinance is hereby repealed. ADOPTED BY THE CITY COUPvCIL OF TfiE CITY Of FRIDLEY THIS DAY OF ' , 1977. ATTEST: M�IRVIN L. BRUNSELL - CITY CLERK First Reading: Second Reading: Publish........ ' WILLlAI4 J. I�EE - t�1AY0R 5D 1 � � � � � ' ' f � ' i � � � ' ' � � p �- COD� �X ►�T� � �cr�a� � � Y 212. MINING SAND AND GRAVEL 212.01. Mining Permit Required A mining permit shali he applied for and shall be issued by the Zoning Administrator for the minign of sand, gravel, rocks, minerats, peat or dirt of any kind in Fridley where such operations will substantially alter the existing ground contour or would change existing drainage or would cause tlooding or erosion or where dynamite or other explosives are used generally or incidentally in said mining operations or where such pperations affect the value, use and enjoyment o( other property in Fridley. (Ref. 79) 212.02. Application Any person desiring a permit shall first submit a written application setting forth the following facts. �' . Names and addresses of applicants ?. Legal descriptions ot land to be mined. 3. The names and ad�resses of all owners cf said land. 4. The nature of the mining operation. ^. Whether dynamite or other explosives will be used either sncidentally or generally. 3. Oetails of how long mining operations have existed in the past and when mining operations will next �ommence or continue and the approxim2te completion da?e of the mining operations. 212.03. Fees, Bonds and Cond3tions 4 permit may be issued by the Zoning Administrator after ihe applicant has: 'i. Submitted the application. 2. Paid a permit fee. The annual permit fee and expiration date shall be as provided by Chapter ?`. of this Code. 3. Posted a surety bond acceptable to the City or a certified check in an equivalent amount for the sum of $1,000.00 per care of fraction ihereof for the land to be su�jected to the mining operation running to Fridley te secure satisfactory performance of the following requirements: a) The pit shall be surrounded by a fence 4 feet high and adequate as protection against accidental fall or injury. b) No water o�� other waste shai be aUowed to ru❑ of! from any pit into any stream, lake o� pond so as to �oliute the same. �) Operations shall be iimited to reasonable hours that will not interfere with the health 2nd safety of Surrounding residents and the prernises be so operated as not to create a nuisance. d; When explosives are used the permitee shall use the utmost care and take all necessary preca�tions not to endanger li�e and damage and destroy property. e) AIl expfos.ves shall be stored in a reasonably secure and safe ptace or places and all such storage places shall be clearly marked "Dangerous — Explosive". f) The method of storing and tiandling explosives and highly inflammable materials shall conform with all laws and regulations relating thereto. g) A�og o} the time and �ay and personnel familiar with the work shall be kept ot all blasting and a 5E 212.03 Mining Permit Required Application Fees, Bond And Conditions 2S2•. � copy of safd fog shalt be made avallable to the offlclals of tne Cit . � _ Y � h) At the end of each season's operations and no later than the last day af Dedember of each year, the ' pit fs to be left in a neat and orderly condition, wlth reasonably un(form slopes without overhang and wlthout vertical banks and w(th a level bottom. 2t2.04. Walver ot Requirements ' The Council may waive the requiroments of the surety bond and certified check deposlt when the applicant or applicants are the owners of the property to be m1nQd. 5F 212.09 Wairsr of Requlrements ' 212.05. Dailnitlona Dailnitlons The mining of sand, gravel, rocks, minerals, peat, or other dirt of any kind shalf inean and include any excavation in the earth for the purpose of rernoving any sand, gravel, rock, minerais, peat or dirt of any kind 'inciuding the removal with any over burden necessary to reach said sand, gravel, rock, minerals, peat or dirt of any kind, other than an excavation Intended and used solely as a basement of a building. �212.08. Hours All operations shail be limited to reasonabie hours that will not interfere with the heaith and safety of surrounding residents and the premises are to be so operated as not to create a nuisance. ' 212.07. Public Nuisance Any mining operation no! consistsr.i vriih the ragulations providad hersin or wlth fhe intent and purpose of this � chap;er are declared to be a public nuisance. 212.08. Remedy of Councii 'The Council may in addition to any or ail other remedies available for violatiQns of this ordinance, after a public hearing heid upon ten (10) days notice by mail to the last known address of the owner or owners of the property, may proceed to have the necessary work done to comply with the provisions of this chapter and assess all of the ' costs and expense thereof against said property. _ 212.09. Penalties 'Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of ihis Code. , ' �J � , ' Houro Public � Nuisa�ca � ' Remedy Of � Councii � Pena}ties � ' 212-2 . y. , 0 I' ' CITY OF FRIDLEY � I�'�, � M E M 0 R A N D U P4 � T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL ' FROM: MARVIN C. BRUNSELL, ASST. CITY f�iGR./FIN. DIR. SUBJECT: REQUEST OF KNIGHTS OF COLUMBUS TO USE BINGO PROCEEDS ' TO PAY OFF MORTGAGE ON THEIR �UILDIyG AND MAKE IMPROVEMENTS ON BUILDING � DATE: APRIL 22, 1977 , Please see the attached letters from the Knights of Columbus outlining their request for permission to use their bingo proceeds to pay aff the mortgage on their building at 6831 Highway 65, and to make improver��ents on thei r bui lding. ' Present Statutes provide that if bingo p roceeds are to be used for tf�e erection or acquistion of any real property, ' appro�ral must be o5tai ned fran the Ci ty Counci 1. There ivi 11 be a representative from the Kni ghts of Col urnbus ' present at the meeti ng. MCB:sh LI 1 i [� � 1 � 1 � , � � QIP�GO OPER/1TIOt� - P,�PORT FOR FIRST QUARTER OF 1977 DATE: A?RIL 7, 1977 T0: FROt4 CITY CLERK K?�1IGhTS OF C��LIJ.9FsUS - COtIVCIL 4'i81 Name of organization authorized to conduct bingo games. Reporting Period: Au�ust 1, 1976 ending rlarch 31, 1977 Bingo: Gross Sales Gross Profit Net Prafit QUARTER � Jan., Feb., Mar. $ 73,990.60 $ 31,029.17 $ 1.5,606.21 YEAR TG �ATE (8/1/76 - 3/31/7?) $ 2o9,�ro8.7o $ 80,082.85 � 36,�11.65 1-1-77 Balance beginning of the period. (�3c�c�C6 - Bingo Gperations) $ 11,?_5S.8o Disbursements of bingo profits during the period. (See attached �lctual Use Report.) Unexpended balance end of period. (3/31/77) � $ rao�1F � 27,362.01 • � -r--- ' ,,, � � _J n�.��c,� �;:►ta'rl�;�x:�i�:ii� �t� �uLUr�nu�,__.rt�u;x�. M�r�F�u�rx - _ ._._ ----- - --- --- . _ ._. __. �, ' oPI�t�Txo,'�- J',�;�tt�ZY 1, 19?7 �rxt�tl t�;�t?CH- .3ID, 19?7 __ __ _ _ .. _ _ _ __ -. -- -- - -- -_ G B __ F . _ ..._.... . ,_.. __ �_.t. 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" _'".. ___�._ '"' " "' ' " _"".— PAI. Ahr•L. /'OR. . 197R MADE IN �: : �y. ' � � T0: .. FROM: QIFJGO ACTlJAL USE REPOR7 • E�ht ?-;onths Ending t�iarch 31, 1977 CITY CLERK KI�JT�1iT.S OF C�LiIM�,-�[IS 4'i81 Name of organization auihorized to conduct bingo gamzs. Category or Pur�ose A, Beneiiting persons by enhancing their opportunity for religious or educational advancement by relieving or protecting them from disease, suffering or distress, by contributing to the�r physical arell-being, by assisting them in establishing themselves in life as vrorthy and useful citizens, or by increasing their com- prehension of and devotion to the principles upon which this nation was found. Vendor or Payee ►► ACTUAL EXPENDITURES Purpose -�- � Amount 6C ;x.;�: .-, , . ' M1 ira.. � .w"x's++ .. ; 5 � _... � �� "� - � +, � 1 ��d . _: :.. �, _� ,_ '6831 — HIGHWAY 65 N. E. , ' ' � � • � � � � � • � //V'.1�\ "�'i a_- .�" y, �. r -'l � � � ¢: L - 9 ��, �, � � � `� f, t�✓% � � � a � � � J :.� : � � � � � . �� ti � i� � - x �: � �. � • City cf Fridl�y 6431 University Ave. Pd.E. Fridley, ruV 55�+32 Attn: t�i-r. Marvin Brunsell Finance llirector Blessed Virgin Mary Council 4381 April 22, 1y77 Le.'�i' F51'U(1SGii: Per t;he City Orainance governing Bin�o in t;he city of I?riu.l°y it i.s -r•equired t?.at w� ;�et perr:ii_ss ion, f rom �he r rid7.ey Council, to sp�na bingo r�oney f or Buildin� ma intd inance, e�c . ' Per this requiremerlt, we reques+ a,pproval, irom the City Council of the City cf Fridley, to spend said bin�o r:oney � in the a r�ount of :�7, 701. 58 io, pay of f the mort;;a g� �r. our buildin� located at b8jl Highway o5 �d.E. :�ny questions coucernin� this request should he airected to Grand Knignt Jo:in Bachand, jq45 2nd Street i1.E. Fridley, Mid. 571-5i25. Sin erely: l�` \ �n T. �chand Gr .d Knigiit � ' ' , MEETINGS SECOND TUESDAY & L.AST THURSDAY OF EACH I �E ' �� j r 1 ♦ , + � � _ _�� -. ' � ' . � 6831 - HIGHINAY 65 N. E. • FRIDLEY, MINNESOTA 55432 Blessed Virgin Mary Council 4381 pri� 22, 1y77 Ci�;� 01: Fridley v431 Ui�iversity �ve. i';.E. Frilde;�, Ni;'d 5 j��32 Attn: P�Ir. Marvi.n Brunsell Dear Pdr. Brunsell: i ci '%.:ic vi �;� viuliaailCc^-. r�v'Tci ulia� �ii,�C i:. vtiii� �i �y' Oi i�i ii.�i.�i.G j' it is required that �Ye get perr.;ission f:o:� t�ie Fridley City Council, to spend bingo mxoney for buildin� maintainance, etc. Per this reguirer�ent we reyuest approval, irorn tne City Council of tne City or Fridley, to spend said bina,�o meney in t�he amount of ��+1'c4.�+3 to mai�e necessary re�airs <:;rid irnpro�er.�ents to our buildinr,. See eticlosed cost estiu�ates. ��ua��i-y til�-ljb`;.00. Lo�yer office-lc.b%.��, Lcauic_� Dack-"7G0.00, itGilii�;-397.CG. Any questions concernin�; this requeut should be directed to Granai Kiiight Jo}�n Bac.iar.d, 5945 2nd Street id.E. Fridley, I�iV 571-5i25. Sincerely: �-1� ! - J n T. Bachand r a Knieht ' ' i , 1 ,� _' . � ' � � , � ' ' � , � . �° � c��c�',�.�.� � J G l— 4"rt-'C'.-'c-,c-.��' /c�-'C•"7;,L-.c_ �..-�,� / G' �,�' / - j.� � S' r � �"-yt--c.�t=.ltf-•� l �'Z"':..-'�-r.. ��._� ..�-- ��-�.; _r. �. c� i,�''�:� / 8' 7 7 x� _ �.. :�.,c:, ,,�-� G � . ��; .. . i�� " •.,`. � � � _ . . _. _ ��' � � � N R�� u; .. ..� R� �, R� J <�. � � 2 .-_� ._ �� S� � � �O p� �'d f� � t s�,� �� - C� �'`d'� �' � `��I `�._ � ._.�._ : �-�--t--�.� � ...� C�'o--i.�-�-,,�..t�- --_ . . ��.�,�;,.... � ,� �.,C• � s''Z- ��^ 7'17 � Z �.-�z- ��C.c..�-f'F' �,..Ci 't'=--�'".c7 � ��, /S%!'�-..C..C'_�C�;, `oC C"�-c.c..�ti-.--�-��..-.�=ti� _ �j`--G'- �'✓G.- L'� '�C�—•�:.e-'.�'i_.-t"1'�t..., r,��,%L'c�-/�`i L � / / / � !% % � L� J`� �� --� '_"", c �r—�:--� � � � .,�;--� - �_= �.. t'.�. 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Signed----=- ✓f�_____:�' --�-------- _—� — ._— t�'�n,3anes - h�.a, � ,,,,� C �. �nTED N u.5,� � _.... ............ . � f�. ..�.. .1 .. ._�� . __. . �L �� \' � 2�� ' ' , ' '- ' �� n �'�C 7 � y�� . ��q1 V �f��,l, ��.ti � 2� ^ � �1 � �^; .. . � . . ��. . . , . . . . ,. / `. .: �, , w .. - '. � �i �li x'' I ' ISLANDS OF PEACE FINl�NCIAL SUt•1��1/�RY (EXCLUSIVC OF $7,000 GRANT) 1 MARCH 31, '�� , Cash receipts - State of ��innesota I Interest on investments ' Expendi tures of Funds : , Purchase of Land total Receipts Check �37052 Robert & Carolyn Minder 9/9/74 'Check #37053 Peter & Cat;�,erine Lametti 9/9/74 Check �37054 City of Fridley ry Speciais 9/9/74 Check n37055 r�inder & Lametti 9/9/74 'Check #38534 Anoka County - Back Taxes 1/l�/75 Check #11248 Robert & Carolyn Minder 8/14/75 Check �11249 Peter � Ca�herir�e Lametti 8/14/75 , Check �17893 Robert Minder 11/17/76 Construction Costs Land Purchase $35,200,00 618.50 �35,818. 50 % Construction Cos ts $ 2,000.00 $ 6,419.60 (Includes $4s000 Princ.) 6,419.60 (Includes $4,000 Princ.) 4,450, 32 13,713,04 (��cludes $13,0�0 Princ.) 3,414e 22 660,23 660 . ?_3 180.00 ' Check �37603 E3arton Co+tracting Company $ 1,000.00 Check .#37681 Ameri can Improvement Cnrpora�� on 1,OQ0.00 Total Expendi turzs 35,917, 24 .,0 �.0 ' Cash Bala�nce - March 31 , 1-�7'G $ (98.74) $ -0- I R?% - '--�------ \------------------�------_-_-_---__-___- Principal Amount of Cor�tract for Deed $71�000.00 tLess: Paid by Foundation 2,000.00 Paid fran Natural Resou►�ces Grant 21,000.00 ' Balance of Principal Due on Contract for Deed $48,000.00 ,Interest Paid To-Date � 7,052.7� (Plus �3,180 paid by Foundatian) Principal Paic'. To-Date 21,000.�0 (Plus �Z,Ci00 paid by Foundation) Speci al Asses�;:,,ents Pai ci �o-Date 4,450.32 ' Back Yaxes Pai d 3,414. 32 i TOTAL PAID �35,917.24 ' Pa ments Due - Au ust 20 1977 -'Princ 24 000 Int` 2 2 =` w I Y 9 , • , , 40 26,240 August 20, 1978 - Princ. 8,000 Int. 1,680 = 9,680 � August 20, 1979 - Princ. 8,000 Int. 1,120 = 9,120 August 20, 19II0 - Princ. 8,000 Int. 560 = 8,560 48,000 5,600 53,600 ' I . .r^'_r'-t"' , ; � ' , • , I � , I � � � � � � � i , , ' �_ �• ' '. 1 • ' , . ' � , . , � ' . ' . � ' � 0 7A sxri��z: oi' MIP]NLSO�rn . � , ' , covr�TY or niao� �Lnsr t�r,��r1�Nx xIIZS 1�GI��:�M :NT, mlcle thi� 10'Ctl day of t•tA1;Clt � 1975 by and between t.he City oF I�riclley, a munS.cipal cor}�orati�n c>rc�ai�izecl and exic�iny under the la��s of Lhe �i�ate ot Pdinnesoi:a, hcrcinlf t�r Ca.l�.ec� i:t1c CiL-y, aiid Tl7e Z'UU11CIcZt.1021 for Zslancls ot Peaee, xneorpor- . atecl, a non�profii: ozganzzaL-ion, incorpoiai�ed I�pzi.l 27, 1973, ur.der i:he laws of i:he SL-ate o� ?linne5oi:a, hereinafi:er called thc I'oundation. PJZTNLS5ETii: '.Chai: the �ity do::s tlereby demise and let unto ttie Foundation the i'ollowing described px'emises: � 1. Cliase's IsJ.and, ��hich is presently o�mcd by the Ci�y, and will hereinafter be referred to as PAP,C�L NO. 1. 2. GiJ. l�odge's Island, ��Thich is leased from the Sta�c ot 2�Iinnesota by the City, and hereinaiter referred to as PARCEL NO. 2. ' . ' .. 3.. iIayes River �ot 71ddi�ion, �lock 2, Lots 3 ana �, pre- seni:].y being pur_chasecl by �he City ar.d her.eir.aft�x re- ierr.ed to as P�lRCi:L 2�Q. 3. Tha Foundatian has made a comntitanent to the Citv to raise tahatever funds are • needed �or tlle purchase or tiie paYcel. . x� a:s mutually desired by the City and the Foundation tha� the pxoject of the Foundat�ion, be a success for the benefit oz"- the genexa]. public, and especially the handicapped and disabled; therefore, the City and the T'oundation agr_ee to ihe �ollowing conditions: 1. �.'�RA4: 7.'he E'oundation a.s to have �nd �l:o ho�.d the above descx'ibed p•remises foz a terra of �ive �5� years, beginning I�,ugust 1, �974, and ending on July 31, 1979. 2. 221�.NEi�r1L: Thi� Lease may be x-enetoed �or additional Five �5) � yeax periods upon the muL-ual agreetnent oi bot.}i parties. If the 1 oundation c�esires i:o renew i:his Lcase, they sha11 no�i- �y the Cii:y, in writing, at l.cast Ninety (90) day� beforc the cxpiration of this Lease. If the City ayrees i:o an �clditional Five (�) year le�se, iL• sha11 notify the I'ouncla- �ion tiia� the rcquest ror �n addii:ional Fivc (5� ycar l.ca�e pur�.od has Uccn appxovccl. .• � � � , . . ' . . � f � , ' ; � ' � J ' . ' . � - ' a � � ' , , , ' , '� � � . , • 7B 3. ttrNmnr,: x'he Foundakion shall pay L•a the City the sum of OnQ dnd no huudredths ($]..00) Do11ar per year. �. SF,RVTCl:S TO IT'r' PR_nvlt-':'n rY CITl': 2'he City irereby agrcc.�s to furnislt .�or the Lerm ot this Agrecmcnt and as part of Ll�e consideration of this �1�c followiny: ' : A. ?'he 1dai.ntenance of Pr'1RC.LI. PIO. 1 wi1Z he limited to �routine qround ' mainL-en��nce wt�ich inclucics yrrlss cutting, trce L-rii:u�ing, �ilonJ w.ith • the xemoval and cleaniny of w��::te material, mi11 b� �ccomplish�d by . ihe City �nd �•�i11 be seL- up on a regul�r basis under tfze sole dixection of the Director of Par:cs �nd Recreation Department of the C.it�. �. The 19a9.ntenance of PJtRCCL NO. 2 �✓i11 be limited, due to the acr.essibility of fhis p�rccl; the typ� ar.d aTOUnt of maintenanc� of tiizs parcel wi11 be solely �n tne�discretion of the Director of Parks and Recreation DeparLr��nt of the City. C. The J�ainten�:nce of PARCrI. NO. 3 wi11 be the total responsibility of the Foundation. D. Addit.ional Flaintenance: .�`,ny maintenance not. included abova �,�i11 be. the xtsponsibility of i�he Foundation. Tl�a Cit� do�s not S131V� 1L'� right to coni�ensation for any of these services provided above. if L-he Foundation fails to provide �:dequate maintenance beyond tl2e Czty's responsibi_2ity, th� Cit� resexves th� right to rna::e the necessaxy improven;�nt at the expense of tr�e Foundai�ion. 5. RULF,S A.ND RF,'GULATIO;JS: The City aqrees to enforce a11 rules and regulations in accordance with the Ci�y's ordinances. AZ.Z conduct on' PARCEIS NO. 1, ND. 2, and ND. 3, �az.21 be subject to the rules and regulations, and of ordznances of the City. The City wi11 supply the needed personnel to er�force said rales, regulations, and ordinances, as needed. G. POLICF,' JLVD FIFF PROTECTIOV: The C1�y cail3 provide pO1iCe and fize pxotect.z on . 7. Il�lPt�ovL�•ren�TS: ��ny irnprovements perm�znentlg �zttached to the property Az'e �o bc �-►pproved in advance by the Cit� M��n<�qer. Szic7 approval sha1Z be in a�riting, AZZ permancnt improvements, aL•t��ched Lo the property, sha1l xeni�in on thc propext� �t tl�e termination of this Lcase and sh<�l1 become� the property oP the City. �' 8. L.7AUII.ITY TNSUlL1NCIi: PuL2iC Liability Xn�urancc sha21 be provided L� Che Four�ct�r.ion. The amoclnC sha1.I be $2>0,000.00 Lo $500,OOO.GO. . 0 , � � E� . � � �! � . ;' ....---. s. �� . R � . 1 . ,, . �t . � . ,.r► 7C XN IlX•rN�SS t�N�ItEOF, tlic partics have seL- -thcix I�anOs ��nd :;e.�ls Lhe d��f a�id �car :C�.rs� above wri�ten. XN PRF;SEPICE OF � ' .J . �' %�� Gt'.L,t ,/_'�.�,�LG� , . / -��G'"7 ) '�—.�'-f•Lc_r_ , �f �� .,�.. � r- ,� . . . - $^�ATE OF l�Z'NPIGSOTA ) ' ) ss. •. cov,vrr o� �.vo� � . � � CITY '01' FRIf�T.t:Y � • • B�� )(��t�l�?.ctn `�y )/l.�l%� • .�l•ti 11 i am J:.(<ce ,- I•tayar «-��//jf� ~ ��. •., ,n y�''_ J/ 1(��'t i'' .�...� � ' L�l-i.t'• �c_v; tf�rvii� C. t3zw�::e11, CiCy C.icrk � � On fl�zs � day o.f ��r%/��r.�� r 1971. before me, a PJotazy :.'ublic within end for saic2 Couni:y, perso��.i1t) �,��I'-az-ed l�i1Zi�:a i��.e �n� j1��I2VIi� C. �RUi7Si.LL fio rt:� y�xsonal.Zy 7r.nos�n, saho, being eaclz b� ne c3t�1y sworn did sa� that they az•e respective.lg the Ilavoz and th� C.itu C1erf: of th� runicipaZ coroorat?on nar;,ecl zn the . foxeaoing instrua�enL-, and t:iat i:he seal affixed to said anstru��^nt is i1�e cozporate seal of sa?d munici_ �Z corpoxation, a�d tha� s��i.d i��stxLn:�-ri� w��s signed and sealed ' zn behalf of sa.zd nanzcipa2 corporLtion b;� autnority of its City Counci3 and said rlilliaaa p�ee.,�anc1'1�lARVI�1 C. B�U�.'SELL ac%Lno:rledged said instrunac2t i;o be. ihe tzee act . �. . and deer�'of'�sa.zd'�i:unicipal corporation. • , • . . `, � •,. .� , S ' ,.t . ' ' . ; . � , . '� � � � . Y�L� �'��'��2,�____ -�--_.:_.. _ . . � . . .• _. J; ti . . ""� �, ' ' _ 61E?.'��iv J. HERRhSAW!•1 , •t • i �. ' • • ' fic'.a.y (��_ct':., Anoka Coun!Y. P1i�n. L� }hy Co�unission Expires Oct. lh, I97� �,f r;+}11�1� . ' • , - • �� xN S�IITNESS Z•1H�RE0�', the parties have set thei.r hands and seals ' the day and year fix:st above writi:en. IN 1�i2ES�I�ICi OF . , �� i "� j.�, � j�; �! 1?..�� - , ' r . !l � � % ' 1��. .�` i /? ... � /,� !_ �:�,' / _ �.._. �:�:��, s�r�x�E or t�ixiru�soxz� � � ss, COUNTY OF 11NOI:I1 � - TIiF �OU?�?DI�`rxQN T'OF ISI.IINAS OF PEACE� 7NCORPdIZ�"�'1'�D . . l�y • /� � _�? _ ��.---�'----------- x�s � 0 On this day o� `, 7:97�z, betore me, a Nolaxy � �'ublic taithin and i:or said Couni:y, ��=i��n711y apl�carcd _ �� , to me persanZlly ki�own, who; ��lc�y ►ne duly s�,roij� cizcl- s`� ay that i►c is the oi tlie corpor.Zti�on i�ar,ica i» tlic torcg�i�ic� in:�trtiinciit, t�z�cl �hai: �aa.a �nslr�imcr.� was si�}t1�a in U�h:�lt ot ��lia cor��oraL•ion by aui;hori.ty o.E �.ts I3oarcl oL- 1)i:rccLor�r �-�n�1 =�ai�i �. � - �cknowlcilged saici a.nstrumcnL- 1:o iie i;l�a iice act ai�cl cicea oi �azd corpor.ata.on. . , ) � /�� '� 7��A.t•1 � � r, .l f :i+ ..�.. ♦ �, � ' • . , • . • ' ' RESOLUTION N0. 49-1977 A RESOLUTION IN SIJPPORT OF HOUSE FILE 15 AND SENATE FILE 100 FQR ' APPROPRIATION OF FUNOS FOR THE FOUNDATION OF ISLANDS OF PEACE, INCORPORATf D ' WHEREAS, the City of Fridley o�rns Chase's Island, an island in the Mississippi River; and . WHEREAS, the City of �ridley is leasing fror� the State of Minnesota, Gil Hodge's Island, also an island in the Mississippi River; and WHEREAS, the City of Fridley is purchasing a tract of land on the mainland, adjacent to Chase's Island; and � WHEREAS, the City of Fridley has leased all of the above property to the Foundation for Is1ands of Peace, Incorporated, a non-profit corporation, for the express purpose of improving and operating said property for the ' benefit of all handicapped and disabled persons, regardless of their place � of residence; and � � ' ' ' � ' r-, �I; � ' WHEREAS, the Foundation has mad� many improvements to said property and has contributed many hundreds of hours of volunteer time to develop these propertiesir� a unique and valuable natural resource designed for use by handicapped and disabled persons; and WHEREAS, the City of Fridley and the Foundation have requested the appropriation of State funds to help in the further development of this property; and WHEREAS, there is presently before the 1977 Session of the Minnesota Legislature, House File 15 and Senate File l00 far the appropriation.of . said funds; and WHEREAS, the City of Fridley agrees that if the above biils are approved and State funds are made available to improve these properties that the City will comnit the above designated property for use as a special park and recreation. facility for handicapped and disabled persons, without restriction as to their p1ace of residence, for a period of at least 25 years and upon passage of the above bills, the City wi11 enter into a lease with the Foundation to operate these facilities for said period of time, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby urges the 1977 Minnesota Legislature to approve House �ile i5 and Senate File 100 and appropriate necessary funds to improve the "Islands of Peace" for the benefit of all handicapped and disabled citizens throughout the State. PASSED AND pDOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY 7HIS 2ND DAY OF MAY, 1977. ATTEST: MAYOR - WILLIAM J. NEE , 0 MEMO TO: Dick Sobiech ME1�20 FROM: Darrel Clark, Community Development Adm. r�.MO DATE: April 26, 1977 REGARDING: Easement Encroachment - Fridley Methodist Church Attached please find a copy of a letter from the church architect to the utility companies. We have received approval from all of them except Northwestern Bell Tel.ephone Company and this is forthcoming. 6Jould you please place this on the May 2, 1977 Council agenda for City consideration. They have petitioned for the vacation but would like to start the church addition prior to this vacation being finaled. ' , /�l�` '1 1 , i � fj �, _ ,---- C � ,, v�` , �'� . �_� �,� �L G . CLARIh F Community Development Adm. DGC/mh 0 , , � � ' �_� William S. Peterson Architect - Fridley United i�ethodist Church 514 Foshay Tower Minneapalis, P�innesota 55402 April 20, 1977 Mr. Lee Steckman - GTE Cable T.V. Mr. William Schram - Minnegasco Real Estate Mr. George Lewis - NSP Mr. Thomas Kelly - Northwestern Bell Dear Pursuant to our conversation o.f this date regarding the ' release of a utility easement on the plat of Christie Additian please be advised we are requesting a vacation of the existing easements described as follows: The south 5 feet of Lots 1, 2 and 3, Btock 2 also. The north 5 feet of Lots 22, 23, 24 and 25 B1ock 2. All in - Christie Addition, Village of Fridley, County of Anoka. In consideration of releasing the above mentioned easements you will be granted an easement over the west 5 feei of Lot 3 and west 5 feet ot Lot 22, as Block 2 all in Christie Addition. We need immediate approval from you to put an encumbrance on the above mentioned easement with the vacation procedure to follow. Please send your approval to both myself and to Darrel Clark, Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55421. �f you have any questions please feel free to ca11 me at 339-75890 Sincerel.y yours, �� , . � �. J � •�w- � J � ' `--,-�� ,�.:'� - William S. Peterson cc : �-ISarrel Clark Jack Elmquist WSP/ps � • � • � � ' � , FRIDL�Y MCTHODIST CHURCH Present Building � Proposed Addition !/L�-� ; -.LL • _ • . ............ _. . . -.. ...,.... .�,,.,..,,�..»......_ ........,.,,_..�. •--....-...r..�.r.,,..• . .. , . • • . . -�"'`� � �� -��....9.� —'c� --�� J � '..�.'1. y�•° � ^4 � �, �' "'1.r � � �.�.._r {.�.�r.�..��^�% �� L.�...-t � ' ' � �. m -. . I ' � �. � �- � �.`L� � �� ...— �1 � - �......f✓� �.�..�/ �.... �r L� Z� V I L L A G E oF �12 I D L E.Y , C Q UN T'Y OF .�N 4�A. � � � "� � -�`�� ,3�� '��- �� C�n�, ��CC� i � ENC�INE.ERS A�1O SVR.VEYORS � , r _ _ _ ; � .,� f , idcd �n R�ce C�eek.. ,, _ � � =" 5-? =K i�. _. c: �� i'y L.:--. . 1 ( �i�,' �_ ;�r�cc PI�i-"'i "' ' � NortR:line e} Sou h� o� 5c�}ion . w. O' o o' . �i'�.� _��- ~ . . . _. 9w/ � � � � � � � � 4!'� � � -r_25 � r.25 � t 9S o0 90 Io0 90 90 69.4! ^N Ni ^e f �� Arc = 39 52 F- ( : . ,sa.s� ,. � 30 3or _" ��j�g�� : � . . R=2s.a5 . t�24.� N- � � � a � 'T ��,' � � �a m 4 m �� ,,-;: �, m -�-�- .��,.� M "� c o 1 � :� - - ,� , �' r-' � _ � ;��,; ' ' � .� � � -' � uS p. �. � L� A '_"""� � � ` � , L-_-9o=�_��`l. .� _9�,8i--- _ � � ---- ��-�- --- -- •` ° - �: -roc�---°- -------95 ---- ------�----'-- ---°-°)o-------------tob------ --- � - _..._. ^5--^— -----'�5---- — - s-- -----'15---- ----i5----- ----=�5----- ----�5--- --7-�5- — -°--' S----; --- .81' a - -$s � -- 10' Utili�+ E Dra�++a Easemcn� �, � , ` I N N y� - O p __ I � 1"I M ! S � 19 �n 20 �, 2 t fi 2'X. � 23 � 2$ m `Y.5 � --° 4 ' � _ _ � . _ . . _ • 39.02 l4t< 3° . � 1! ol'- 30" ` �'86! _ � . ' R+24.5'v \ �Yl N R•2S_ � ' : � �� O. "1$ 15 '15 "�S 'iS -t� 'i 'lS 4.0� ' ;H �i___ 'r � Q��q W.0�00 p T_25 (T.^.S - � 7 79 � � � � � � � � � ` Lf1 �.._..... < 7+iS T•2S T.25 T.75 Ty2�; „ ITc25 .2 j-� iN �r-- � 110 � It0 � ;W v��-- t2o �6 (2o.'�S ; L� 1�_S3� N� 39. � N ^•e• 37.01 i i Areab9.et/ 'M y� F' _� ' Ait. i9.o"1 � i -r.�c� 39.52 /.. h �°C"' 1-� ' a:,s' �-- F � !- — ��n,9o•4s' ' � n:9�T�s'r-- r • a-7o-as• i i a•an�sa=�o� � 1j ' '(��c• � � �..� °." 4t�9 2•2a.CT s" R•2s.33J d �. 4•2�4.G1 LP a.zs.os 1 � � r 'lo ,� ; i o 9 t�� M; i � � � �R• 2- � r a� � � 6; � 19 05 � v s' ; � 9 � � 50 _ 1 � � � a l3G.1"1 '' 133.95 '� ---. ie.6T f4G 4 � 144.31 � � � -- . � ' , 1 . ; � � i. d! i � M '� � N p0 �a.� � �� i �. N N �9 0� 2, � .� L_ �. W � ; � � �1 d' i , . o 13'l .2'1 - I '` 134 �� m l46; T i� 143.43 � r_ � r' ;-- s' � � � N � ; r- 5' \ � C� 1� � d' s o N. � od o 4 0' � �� ,_ . � r � � '$ �; 3' \ �� N 1S �i 3 r Y} � r� < < ri a '� _ i '� ' �7n�-s � i ��c.�tA �� InG ��f � 1 16?GG y .�. � CITY OF FftIUI.EY PLANNING COf1t1SSSI0N MEETING — April 20, 197? Paqe 1 I CALL TO ORDER: Chairperson Narris called the meeting to order at 7:40 PoMe R4LL CALL: f1embers Present: f1emb�rs Absent: Others Presento Shea, Bergman, Harris, Schnabel, Lagenfeld Pe�erson Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION t12NUTES= A�ril 6, 1977 f1r• Bergman reques�ed that page 2, the first and sixth sentences, the word "not^ be eliminateda Mro Lagenfeld requested that on page 3, the sixth paragraph, the last sentence be eliminated• Mrs o Schnabel requested �hat on Page ],0, the fifth paragraph from tF�e bottom, the first sentence, the word ^of^ our business community be ,� changed to read T'tOfl our business communityo Third paragraph from bottom, page ti0, �hird line; the w�rd ^toward^ � should be changed to °'with'�� It should read •�.� which deals directly with the City's objective with the business community� � f10TI0N by Shea, seconded by Schnabel, that the Planning Commission minutes of April 6, ],977, be approved as amended� Upon a voice vote, all voting aye, the motion �arried unanimously• 1,• CONTINUED= PUBLI[ HEARING= REZQNING REQUEST, ZOA �77-01„ BY GARY PETERSON� Rezone from C-?� {local business areas} to R-2 {two family dwelling areas} Lnts 3, 4, 22 & 23, Block 2� fieadowmoor Terrace, to allow the construction of Double Bungalows/ Duplexes, the same being 1,326 and 1,355 Osborne Road N=E� and 1331, and y345 fleadowmoor Terrace N�Ea f1r� Gary Peterson, the petitioner, was not present- Chairpersan Harris explained that this particular item was moved to May 4, 1,977, at the petitioner's requesto f1r� Boardman explained that all people concerned had been notified by mail that the hearing would be continued on f1ay 4, 1,977, at the petitioner's request� . ; nnin ommzssxon eetin --- A ri1 2U, y977 Pa e 2 , � ��, Chairperson Harris asked why this was being done- Mr� Boardman expl,ained that Mr• Peterson wanted to wait so that the variance would go through at the same time� f1r� gergman mentioned that perhaps, sincP this was a public hearing, that anyone �hat did happen to be in the audiPnce should be able to speak. 9� I Chairperson Harris asked if there was anyone in the audience in regards to the item. There was no one, mainly because t1r• Boardman �i � had notified, by mail, all concerned peoplea ' ' � , I t � MOTION by Bergman, seconded by Lagenfeld, that the Planning Commission continue until C�ay 4, 1,977, Pub�.ic Hearing: R�zoning Request, ZOA �77-Q�„ by Gary Peterson. Upon a voice vote, all voting aye, the motion carried unanimouslyo 2a CONTZI�UED� REQUEST FOR A LOT SPLIT� L�S� �77-02, SY PARK (�E7'ROPOLITAN INVESTMENT FUND: Split of-F the Southerly 120 feet of Lot 1„ Block 3, Commerce Park, to make two parcels for tax purposes, the same b�ing 73�D and 732Q University Qvenue NoEo {Zaned C-2}• {See Appeals Commission minutes of April 12, �,977, for variance approval}. Mr. Steve Coddon-, Park t1etropolivan Snvestme�t Fund, was present. f1ra Baardman explained that presently located on this property is a gas station and a car washo i'he property and one builc�ing is owned by ane party and the other building is owneci by another person. �1ro Boardman explaa.ned that the request is to split the property- he explained that the buildings are ten feet apart and by ma4cing the lot split right down the middle of the twa buildings, there would be a five foot setback for each buildin�a The property does meet the requirements as laid out for the commercial zoning on the property. Each building has a frant footag� of 1,60 feet � Reference was made of the Planning Commission mir.utes from 1,970, where action was taken. At that time, the Cammission had made a statement that if at any time they wanted this nroperty under t�Aro ownerships, the lot split would have to be approved by Council. Mro Codden made �eference to the Appeals Commission f1eeting of April 1,2, �,977, at which he had made a variance request, that Mr� Robert Aldrich, Fire Prevention 8ureau Chief, had reaffirmed his statement made June 1, �,9?0, regarding �fire protection. Mr. Alclrich had stated that.the structures were l.ow and he would have no reservations an the canstruction of {or} placement in the event of a fire� He said that the trucks could get around the buildings easil.y� C1r• Codden felt it would be sensible, at this �ime, to have the lot split. Mrs� Schnabel verified what f�r� Codden had said regarding the Apri1 12, 19?7, Appeals Commission Meeting� . I�� , I ' Planning Commission MeetinA — April 2�, 197? pa� 3 9 B I Mro Layen{eld mad� the statement that accessability of this property ,posed no problems- Mr� Lagenfeld asked Mr� Codden if it wasn't his intention to sell this property� Mr� Codden confirmed the statement that it was his intention to divest himself of the ownership of the self-service car wash� � Mro Bergman made t�e statement that the Plann�ng Commission has received the request to do a lot split regarding two s�ructures which do exist and are, in fact� ten feet apar�� Ne stated that even though they do involve a conflict of city code, in reality the buildings do ' exist and he felt that at this point, it should be recommended to City Councilo� MOTION by �r� Bergman, seconded by Mrs. Schnabel� that the Planning Commissian recommend to City Cauncil approval of a lot split, L• S� �77-Cl2 byPark �{e�ropoli.tan Tnvenstment Fund,,� �to split off the Sout�terly Z?R f°e� of !�± 1, R1^ck 3, Cor;�erce pd!^k 9�n m�.�e twn narcel s for tax purposes, the same being 7300 and 7320 Un�versity Avenue N.E., zoned C-2. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris stated that this request would go to t�he City Council on May 2, 1977. 3. PUBLIC NEARIiJG: REQUEST FOR A SPECIA! USE PERMITg SP #77-02, CANADIAi� FINAt�CIAL CORPORATION: Per Fridley City Code, Section 2C15.Q51, 3 E and F, to a71ow the c�ns-�ruction of housing for the elderly and a� ?u�omobile parking lot for off- street parking in an R-1 Zoning District, on Lois 1-7, and the t�ortherly 215 feet af Lot 24, Block 1, Alice Wall Addition. MOTION by Mro Lagenfeld, seconded by f1rs� Sehnabel, to open the Public Hearing request far a special use permit, SP �77-02, Canadian Financial Corporationo Upon a voice vote, all votir►g aye� Chairperson Harris declared the Public Hearing open at 7:55 P�f10 f1ro Richard S� Kahn, Canadian Financial �orporation, was present. Mro Boardman explained that the original plan for the property i7 question was for a 7,44-unit conventional apartment buildingo However, the financing for that particular project did not come through, and tanadian Financial Corporation stepped in with an immediate proposal on that property. Mr. Boardman explained that the first proposal received was for 138 multi-family units• The Staff went out to the Golden Valley projec� which Canadian Financial Corporation is involved in, the Dover Fiill project. This project was carefully looked at along with Canadian Financial Corporation• H� worked with Canadian Finance in developing a proposal for 1,04 multi-family area and 1,Q4 unit elderly structurea The multi-�Family units would be located in a presently zoned R-3 area that was zoned for apartment buildingsa The elderly building�woul¢,be,lo�ated on ttie Northern part of the R--1 zoned property; including Lois 1 through 7. Planning Commission Meetin� -- Apri� 20, 197? Pa9e 4_ ___ 9 �_ Under the proposal for the 104 unit multi-family and y�4,unit elderly, we would have required a special use permit to allow the elderly building in Zone R-y and also a special use permit to allaw a partion of the multi-family area to be in the R-1 zone- Also with the 1�4 unit proposal it would have required a variance- The maximum numbe� of units allowed on that portion is 92 units� The Canadian Financial Corparation went ahead with the �04 units at this time with fu11 knowldege that a Special use permit approved, they would go for a variance• This propasal has been sent to the Human ft esourCe Commission and the Community Development Commission- These commissions recommended to tanadian Finance Corporation that they may want to bring the number down to 92 units. Canadian Finance Corporation agreed to do this• Therefore, the plan now is for 92 units multi-family and �04 units elderly� This would eliminate the need forthe Special Use P�rmit to a1low�parking�in the R-1 zoning for the multi-fam�lv complex. _ f1ra Boardman a1.so pointed out that they are stil.l proposing the sing7.e famil� development along seventh stree� and 6�rd & 64th Avenues and eliminate lots 1 thru 7 but keep lo�s 8 thru 22• At this point �{r• Boardman turned the floor over to f1r• ftichard K ahn fram Canadian Financial Corpor°ation• Mr• Kahn presented more backgrour��d material on how they arriv�d at their present p1en. He explained tha� back in November-, the Canadian financial Corporation had been working with the Wall. Corporation on a proposal that hed previously been approved by the City Council for that property �or a 1,�+'i-unit conventional type building• As they prog�ressed with this particular praposal, the State Fiausing Finance Agency came back and said they should consider a plan more oriented towards famil.y townhause units• This required them to come back �o the city with a whole new cancept� The reason they changed the plan from family to combination familytelderly came after some discussions with the City of Fridley Staff� The Staff felt that a project the community had the greatest interest in was a combination of both- f�r• Kahn stated they had taken the Staff for a tour of the Golden Valley praject and Staff had given encouragement to duplicate the Golden Valley Plan� Therefore� Canadian Financial Corporation then came up with a new plan that would ca11 for a Senior Citizen mid-rise of five stories, with 10�t units and 1,04 family townhouse-type units• Based on further discussions t4�ey had with the Staff and during meetings with the Community Development Commission and �h� Human Resourc�s Commission last week they had again modified their plan slightly and came up the the plan �hat Mr� Kahn had displayed- Mr• Kahn then described the plan• "He explained that the larger gray area on the plan was the Senior Citizen mid-ri.se bui].ding consisting of 7,a4 units, five stories high, with all units having one bedraom- There would be a half-moon pick-up/drop-of� area in front of the Senior Citizen building- There would be no parking all.owed here, however, the area wauld be big enough for a bus turn-around- There would be parking behind the Senior Citizen building• There would be a 50% parking capability far the senior citizens consisting of parkin.g spaces and garageso '� I� Plannin Commission Meetin — A ril 2Q, Z977 Fa e 5 �� _I Mr. Kehn continued with his desCraption of the plan• Ne indicated that the remainder of the area was the multi-family units• He said that after discussion wiLh Staff, instead of �04 multi-family units, there would be only 92 units• Therefore, he explained that there would be no request for a variance on that part of the proposal� Mr� Kahn �hen went to the drawinq of the plan and pointed out to the Commission a few of the.things he had added such as a�ennis court, a court for basketballlvolleyba�l, a play area for the children, and playground equipment for the smaller children� He added a building af approximately 2,4a0 square feet for a community center• He in�icated that they would be daing extensive landscapsng, especially around th� ponda He said there would be a walk�ng path, well Iighted, with be�ches various points around the pond� Also he indicatecf a picnic area for bo�th �he seniar citizens and family areaso He added that the Senior Citizen area would also have a putting green, gas griJ.ls, and a community room ].ocated in the buil.ding� This community raorr� would be approxiamtely 1�2�0 square feet in size and would be made available to the Senior at I Citizens of Fridley for their various meetings and activities� There woulc also be several multi-purpose rooms available for the use by Senior Citizens• Mr� Kahn indicated that one parking space and one garage would be provided for each of the 92-unit multi-family townhouses� � Mr� Kahn then went into s�me detai.l wath reg�rds to what Canadian Financial Corporation has done in Golden Valley- The city of Golden Va11ey was very extensively involved �.n the Dover Hi11 �ro,ject� � Golden Valley had been very resistent at first to have this kind of proposal in their community• They indicated that if they were going have this type of project, there were two things they had to know — 1 {],}they had to knaw tt�at they would have control in designing the project and {2} know that they would have control over the management the project indefinitely �.nto �he future� , �J , � L_� to of f1r� K ahn indicated that Golden Valley did cantral the design af the - project from start to finish• In terttis of management, what the City of Golden Va11Ey did is in the zoning appraval Canadian Financial Corporation received, that for al1 times the City Council of Golden Valley wou7.d control the management policies of the camplex and if there was ever a time that Canadian Financial Corparation was doing something with that project in terms of management that the Ci�y didn't like� they could, thraugh the Council, issue an order �o have Canadian Financial Corporation change it• If the City didn't like the way the grounds were being maintained, if they didn't like the kind of programs that they were offering to the residents, if there were complaints from neighbors about something they weren't doing, all they would have to do is simply orcfer them ta tadce care of the matter and Canadian Financial Carporation would have to do it. planning Commission M�etinq -- Aprzl 2D, 1977 Paqe b g� Mr• Kahn indicated that the City of Golden Valley also established a procedure where the Numan Resources Commission would review the operation of this project on a continual basis� �our times a year the Commission would review the operation� Twice a year they would make a repart to the City Council as to how they were doing and if they felt that there were things that would have to be changed, they would make recommendation to the City Cauncil• The Counci�, in turn, wouZd indicate to Canadian Financial Corporation that such things were to be done immediately. Mr. Kahn sa�d that the City of Golden Valley has become so invvlved in this Project that Canadian Financ�al Corporation meets with a represen�ative from the �uman Resources Housing Community Development Commission, a social services direc�or, and a�esident manager.and go through applications and unanimously ayree on who should live in each unit• Ne stated that in the insta�ce of poor tenants� there was a court proc�dure whereby within 3a days, they could be evicted even if the lease had not expired• Mr- Kahn said that �hev w�re not reluctan� to do this. Mr. Kahn stated that he fel� that this process-was ane of the reasons that this praject has been so successful- Mr� Kahn proceeded to say that because this project has been so successful, they would like ta duplicate this idea in Fridley• He said that Canadian Financial Carporation would like to set up some arrangement wnereby on a�ong term basis, �ridley, like Golden Valley, wou�d be able to c�ntrol the management cf the complex and through Human resources nr Comr�unity Development Commissions {whichever manner Fridley decided �a structure it} they would co�sta�tly be working � with nianagement from the Ci�y in developing management po?icies and determining what kinds of people shaul� be living in this project; and, �n general, making sure that the Project is b�ing operated the way the City vf Fridley would want it �o b� operateda Mr. Kahn continued with his presentation by explaining that all the Senior Citizen units would b� subsidized- Under that program, the tenants would pay 25 percent of their monthly income for rent• This would m�an that those tenants an Social Security payments of �4�� per month would pay $LOD per month for rent. Mr• Kahn indicated that the multi-family section would also be eligible for this plan- Mr. Kahn gave the breakdown of the multi-family uni�s- There would be 40 one-bedroom units, 40 two-bedroom units, and 12 three-bedroom units• In closing, Mr. t:ahn, said that some preliminary research had been 1 done and Fridley has a relatively hi�h degree of people approaching� 65o Canadian Financial Corporation has found that when people retire, usually they want to stay in the community they have lived most of , their lives; however, many times they are forced to leave because their ability to pay for housing had gone down, while housing and rents had gone up• � � , , Planning Commission Me�ting -- April 20, 1977 Pac�e 7 9F I' Mrs• Schnabel asked about plans for si.ngle family dwellings on the remaining lots• ', � Mro Kahn answered that upon approval of the plans, there is presently a contractor interested in the remaining Iots to build single family dwellingsa The price rangQ of these homes would be �n the �� $50-6�,OQ0 range• ' ' Chairperson Harris asked if the driveways emptied on�o Mississippi• Mr• Boardman answered that alI accesses are an fifth street- The drop off/pick-up area in front of the Senior Citizen Building would be the only driveway onta �ississippi Street� Mr. Boardman indicated that he didn�t feel that this would result in an extensive amount of tr•affic• � Mrs- Shea expressed concern for the lack of a plan far tornado shelters.. Wanted to �now if some provision could be made for such shelt�rso � Mr� Kahn answered that he assumed that some provisions for �ornado shelters would have to be drawn into the plan before the proposal could be approved� i�r�� gergman commended f1r• Kahn on the fact that many of the items of concern and considerations brought up a� the Community yevelopmen� Commission meeting of April y2, 1,977, have been entered into the new plan be:ing pres�nted• Ne felt tha�, in deed� hir. Kahn had an imaroved plana f�r� Bergman asked �ir� Kahn how Canadian Financial Carporation had arrived at the size of the Senior Citizen building and the number of units it would contain• � Mr. Kahn answered that Canadian Financial Corporation assumed that the height of the building would be a matter of concern in Fridleyn Therefore, they decided on five stories, which because of the size of each unit, would best handle 104 units- If a need was expressed for more units, then it would mean they wad.�ld have to add more height� The reason they wouldn't make the building longer is that it would be too far of a walk �a the elevators for the residents living at the far ends of the hallways. f1r� Lagenfeld wanted to know the approximate turn-over in the Projecto Mr� Kahn commented that in the Senior Citizen building there would basically be no �Gurn-overa Gen�rally, once a person moves into a Senior Citizen residence, they generally stayo He estimated that in the family dwellings, the turn-over would be about 30-35i per yearo , ' , � � Plannin Commisszon Meetin — A ril 20, 19?? Pa e 8 9 � Mr� Lagenfeld asked Mr. Kahn to explain the screening process- Mr� Kahn responde� that the process would be whatever the �ity of Fri�ley decided. It could be made the responsibility of the Human Resources Commission ar the Community Development Commission. Tt could be handled the same as Golden Valley• �rs• Schnabel wanted to knaw the breakdown of the 92 multi-family units• Mr• Kahn indicated that the larger �uilding would consis� of eight one-bedroom units and eight �wa-bedroom units. The two-bedroom units are two-story townhouses that will be 1,z00-1,3�Q square feet- On top of each two-b�droom unit ia a one�bedroom unito The other buildings would be �at�er two or three-bedroom units� The overall breakdown would be 40 one-bedroom units•� 4� two-bedroom units, and 12 three- bedroom units. Mrs• Schnabe� wanted to know about guest parking for the senior citizen building� Mro Kahn indicated that approximately 1/3 of the �enants would have carsa There are 52 parking spaces available for the ��4 units� Therefore, he felt that ther� would be ample spaces for the guests �o park• He indicaied that at the Golden Valley projec�� there are always pl�nty cf em��y s�ace• He added tha� gues�s would enter frorn Fifth Stree� and then proceed to the Senior �itizen Bui��ing� �1r. Kahn con�inued that a� the (�ulti-�ami.�.y section they I�ave allo�+ed ' for one �pace and onE garage for each unit� Not all fan�ilies will have two cars; therefore, again, tHere would be ample parking for guests• tirs� Schnabel wanted to know xf there would be a guest room in the Senior Citizen building for visiting families- Mro Kahn indicated that in the past, when Canadian Financial Corporation asked the Senior Citizens what they wa��ed done with extra available space, most of them indicated they would :like to have a semi-medical clinic that would be available for themo The tenants felt that the utilization of the extra space would be more beneficial to them as a clinic than a guest room. However, Mr. Kahn, ir�dicated that they would leave t!-�e decision of what to do with extra space up to the tenants themselves• �hairperson Narris wanted to know approximately how many children would come ou� of �he multi-family area- Mra Kahn responded that studiES have come up with an estimated number of . 7 c•�i 1 dreri per uni t�. Chairperson Harris asked Clr- Boardman if anyone from the Fire Prevention 8ureau had checked the plans in regards to the height of the Senior Citizen Building� . gN '� Planning Commission Meetinc�-- April 2d� 7,977 Page 9 ' M�r� Boardman answered that` . there wauld b� no problem handling the five story building� thairperson Harris wanted to know if there would be any screening ' process for the Multi-Family section• . � , ' � MrP Kahn responded that it would be the same as explained for the Senior Citizen Building� Chairperson Harris wanted to know what will happen ta the rest of the R - 1 Zoned Iots ],8-22 � f1r� Kahn indicated that they wauld be sold to another developer who would build single fami�ly homes. in the $5�-bC1,000 price range• Mra Kahn indicated that he noticed that there were many people in the audience who had been at.the Dover Hi11 Project in Golden Va�.ley and he assumed they would have some questians tney might want answered� Mrso Schnabel wanted it to be understood that the reason the Planning ' Commission was nat asking many c�uestions wGs �hat �the Commission had been invited out to Go1dPn Val.ley to see the Dover Hill Project and many had gone and had asked nume�^ous questions previously• At this point Chairperson Harris asked if there was anyone in the au�a.ence who would like to cornment about the PrajectE Mrs. f1addison of ?31,7, Oakley Street N�E� commented that she was very much interested in the Senior �itizen Buil.ding� She said shQ was presently living in a Mobil Home� She presently had to do all the lawn work, all the shoveling, and general upkeep of the property- She felt that it wouldn't 6e long before she wc�uldn't�feel like or be able to do all the work necessary. She said that there wasn't any place in Fridley a person could �go to get this type of accommodations� She felt that Fridley should definitely consider something of this type for its Senior Citizens- Mrs� Gladys Peek of 1,047 North Circle NaE� commented that the Senior Citizens would all like to remain in Fridley where they have Iived for many years� She said that it was becoming increasingly harder to find an apartment that a Senior Citizen could afford. She said she would be deli.ghted if this building could be in Fridley• Mr. Steven Takle of 63],1-7th Street N�E� wanted to know what would happen if the Federal Subsidy Program was cut back in coming years• What is being planned to take care of this problem? f1r- Kahn responded that before construction is even started� Canadian Financial Corporation would sign a contract wi�h the Government for 4Q years, guaranteeing this rental sUbsidy program� Mr� '�akle asked if there was a firm agreement with the contractor ta build the single f amily dwellings on lots 8 thru 22� Mr� Kahn said that yes, there was an agreement and the contractor was ready to go ahead as soon as the project was approved� . � , ' Planning Commission Meetinq — April 20, Z9?7 pa�e 10 9I Mro Tak1e asked about the completion time, should the project be approved. . Mra Kahn said that he hoped ta beain construction this fall and figured that it would be comple�ed in about one year• Mro Takle quoted Mr. Kahn as saying there would be one parking space and one garage for each multi-family dwelling. He wanted to know if any provisions would be made for the many things that aCCUmmulate in a family like bikes, wagons, and other play thingsa '� Mr� Kahn said that this would be the responsibility of each family ', ' to keep up their yards� There will be policies made up governing this type of thing and the management will take care of the matters immediately� Mr. Takle asked if the Senior Citizen and Multi-Family grounds would be kep� up by the same people� , Mr- Kahn said that yes there would be the same up keep on both grounds� Mr� Takle commented that there was a park close by and would there be , walkways provided from the project to the park. Ne wanted to know who would be assessed for these walkways. , Mr. Kahn said that they have not included this type of walkway to the park in their plans� � �r. Boardman commented that there would be walkways all around and throughout the project. He said that there would be a sidewalk to the park, but that it would not b� a part of the project. � ' Mro Boardman submitted a letter received from the �ounty Commissioner of Anoka County offering the support of the County Board to the proposed senior citizens' housing project planned for the Wall property in the City of Fridley� MOTION by Mr. Lagenfeld, seconded by Mrs. Schnable, that th� � Planning Commission receive the letter from Anoka County, Mike E� 0°Bannon, County Commissioner. ' , I' ' Chairperson Har�is read the letter. Upon a voice vote, all voting aye, the motion carried unanimously and the letter was received• Chairperson Harris said that the letter wi11 go in a file to go to City Council- LJ ' LJ Pianning Comm�ssion �e�ting April Z�, �977 paq� Ly 9J Mrs� Olive Hedman of 5695 West Moore Lake Drive commented tha� she had gone out to the Golden Valley Project and she felt that the Senior Citizen building was a nice, secure place to live• She said that there were a�ot of high-rise buildings for seniors, but none of them were in such a safe neighborhood as �.he ane in Fridley- She said that she really liked Fridley and would like the opportunity to stay here� Mrs• Helen Burtson of 1091 North Circle NoEa said that she really ' couldn't add anything to wh�t everyone else had said- She .iust said that she would really like to have the Senior Citizen Building. ' Sue Shelton of 50C1 Bennett Drive N.E� commented about the abundance of water runoff when it rained• She wanted to know where all the water would go. , f1r- Boardmar, commented that wi�.h the development of this property they would be making it passible for the pond to handle a 5�-year flood. He said that the purpose of �he ponding area was to handle the water run off; basically a holding area for abundant water until the water could gradually run off into the sewer systems� He said that this would eliminate the need to completly update the entire sewer systerns in th� area• Sue Shelton asked if the Senior Citizen Bui.lding and the Multi-Family buildings would be managed separately or by ane and the same- f1ra Kahn said that Canadian Financial Corporation wi].l manage both areas• . t1r• Schnabel asked �1r� Boardman who would be assessed for the s�orm sewer systema Mro Boardman said that the sewer sys�em would be tatall.y within the property itse�.f� Mr� George Me�.sner of 373 (iississippi Street expressed concern about driving onto Clississippi Street from a driveway• His concern was from the standpoint of what another driveway will do� He also felt that a five-story buildinq would have a negative impact on the area� Mr� Kahn didn`t agree that it would be a negative thing� He said it didn't seem to produce any hostile feelings at all in Golden Val.ley and they have a seve�-story Senior Citizen Building� � i; Pla_nning Cnmmission f1eeting — April 2�, ],977 Pac�e ],2 Chairperson Harris asked �iro K ahn if he had elevations of the buildings. f1ro Kahn showed the commission the exact comparison to the library that would be right next to the Senior Citizen Building� The arches on the library would be about 1l2 as high as the Senior Citizen bvilding• Also he explained that the landscaping and grading of the grounds would be such that it would help neutralize any problems. Mr•Meisner wanted to know if the extensive grading involved would be included in the proposal and if it would be aIl done at once• Mr� K ahn responded yes to a11 commentso Mr� Meisn�r questioned the security procedures that would be in the Senior Citizen building. Mr. Kahn explained that they would have a full security system with intercoms and buzxers� The builc3ing would be locked at alI times• The residents woul.d have to go to the door to give addmitance to anyone• Mro Cleisner wnated to know if this was only an apartment complex for the elderly or perhaps sometime in �he future, wilZ families be allowed to rent� f1r� Kahn responded that this would be an a,bartment cc�mpJex for Seniar Citizen ONLY• Mr. Meisner want to know the difference in regards to the special use permits� Mr� Boardman said that only hospital clinics, housing for the elderly, rest homes or senior citizen residences can be built in an R-], Zone with a special use permit� Qpartment complexes cannot• Mrs� Joseph Tapsak of 5ya Ciississippi Street N�E. expressed concern for the children in regards to the pond. She wanted to know if a fence would be installed� She wanted to know how deep the water would beo Also she wanted to know if there would be something done regarding insect cantrold �ir. Kahn said they had no plans to fenee the pond as they found fences were more of a challenge to children than a safety factor. He said that special precautions were being taken to have the pond have a gradual slope and no sharp drop offs� , Clr�o Boardman explained that the water wauld probably be two to three feet deep except during a storm, at which time it would be considerably deeper.. qny overflow of water in the ponding area would go into the , parkings areas and gradually be handled by the storm sewer system- He indicated that actually they didn't anticipate this to be a frequent event• He felt �h�t this method would be a temporary type of thing that would have to be lived with� Otherwise, they would have to ,' enter into a substantially expensive re-modification of the total sewer system in the area- �i� ' ' ' � , Planning Commission Meeting — April 20, Z977 Pa�e '~ 9L Mr• Boardman �lso explained the capability of the ponding area to ��take care of 12 acres of water, one foot deep• f1r- Kahn said that Canadian Financial Corporation would do whatever the City of Fridley felt was necessary as far as insect control• Mr• Boardman said that presently there was a plan in the proposal to keep the water in the pond from becoming stagnant. He felt that this could possibly tie ir� with the insect control for the complex. Chairperson Harris asked what was presentl,y being done in regards to insect control in that area• Mr� Boardman stated that presently nothing in particular was being doneo Mr� Arvid Miller of 525 Bennett Drive N.E� asked if the storm sewer system is updated in the future what would happen to the pond area- Also he wanted to know who would handle this assessment� Mro Boardman explained that if something like that was done, the ' project would handle their share of the expenses. Regarding the pond, the area would become open space in the pro,�ecto He said that the area would remain open space and not build on� ' ' ' ' , ' f1r• Takle wanted a verification that the Senior Citizen building would be for senior citizens able to take care of themselves and not a nursing home• Also wanted verification of the parking space available for the Senior Citizens• Also wanted to I<hOW about overflow parking during peak visiting times. Mr� K ahn verified that the senior citizen builc{ing would be for people capable of taking care of themselves. He explained that parking would be approximately 50 percent and that in Gnlden Valley, this amount of parking space was adequate• Chairperson Harris commented that since the County of Anoka stated that this Senior Citizens' housing would be in conformance with the plans of the �ounty Library 8oard and the County Board of Commissioners, perhaps something could be worked out with the Library to utilize their parking area on special holidays {Christmas, Easter, etc} when the Library would not be open. A senior citizen from the audience made the statement that basically ' most senior citizens spend holidays with their childrer and the parking would probably be less of a problem on these days� , II' ' .�-� �-�, �, , r r Pa P 14 ' Mr• Lagenfeld said tha� he went on the tour of the Dover Hill �� in Golden Valley and that he found it to be most impressive• He��ect looked at locks and pounded on walls to check for hollow spots. He ' said he was very nosey, more so than he figured Canadian Financial Corporation had expected- He felt that the construction of the Senior Citizen building was superb. He said that each room had a ' smoke detector and a central smoke detecting unit in the hallways, in other wards he felt that as far as f�.re protection, this project couldn't be beat. He indicated that some to this being a^high rise^. People made comments as :" � would tF�ink of some kind of skyscraper sticking�outtlikeaaP�rson Ne didn't think that that was at all true even with the sevenrstories• in 6olden Valley. He went on �o say that he tried looking at �(1e ' project from the outside, putting himself in the position of a citizen of Fridley as to how this really would appear. felt that once completed, this He really the surrounding areas and wouldpbeJantasset�to�the�Cit�lend in with , that many peopie think that the Y• He indicated that it would be sub-standard• Mr°�ect will be subsidized, therefore He felt this was a really beautiful structure,1ndicated that NO WAY- � City of Fridley would really be able to say theyHwerel� that the project� The city would be able to take pride in the factdthattthey were fina�.Iy getting something for the Senior Citizens� He also ' indicated that we really do need this typ� of rental unit in our community� There was applaud from the audience� tlrs• SchnabeJ. indica�ed that for four years or more she has wanted to see a Senior Citizen housing project in Fridle had the opinion that this particular y' She had always for this type of ro'ecto piece of property would be ideal A J She really felt that this Senior Citizen plan has been a long time in comingo Mrs� Schnabel asked Mr. Boardman if there were an the intersection of hlississippi and University avenuesnasrtoaimproving it for pedestra.an safetyo Mra Boardman said that he felt that this was something that really had to be looked into. An observor from the audience came forward to add the comment that the intersection of Mississippi and Hwy 47 was scheduled to be reviewed- He said that many things were being considered such as turning lanes, improved pedestrian crossings, and possibly an overpass. Chairperson Harris asked Mr. Boardman if Staff had read through the Management Plan� Mro Boardman said that they complete agreement with the needed more wording was the Senior Citizen functzons� II, , had• He indicated that Staff was in plan as drawn up. The only point that opening of the building for community Planning Commission Meeting — April 2Q, 19?? paqe 15 9 r� Chairperson Harris asked Mr� Kahn if he had seen the list of Stipulations- Mr• Kahn said that they have seen and read the list- He agreed to go along with all items. Mrs• Shea indicated that Mr. Kahn has been most willing to answer any and all questions that the members of the Planning Commission have had� She indicated that Canad�an Financial Corporation has also been most cooperative to any concerns or ideas the members have had- Mr• Lagenfeld made the statement that the Senior Citizens living in the Dover Hill project seemed most satisfied. He also wanted to point out that this project would be centrally located• He felt that it was true that some problems would have to be ironed out, but he was most confident that the Staff and Council would be able to clarify everything. MOTION by Mr� Lagenfeld, seconded by Mrs. Shea, to close the public hearing: Request for a special use permit, SP �7?-02, Canadian Financial Corporation• Upon a voice vote, all voting aye, Chairman Harris declar�d the Public Hearing closed at 9:�0 P�Mo MOTI4N by Mro Bergman, seconded by Mrs. Shea, to recommend to City Council approval af the request for a speci�l use permit, SP �77-Q�, Canadian Financial Corpora��on� per Fridley Citv Code, SeCtion 205.051, (3), E, to al��ow zne construction of housing for the elderly, on Lots 1- 7, and the Northerly 215 feet of Lot 24, Block l, Alice Wall Addition, with special note tha�c the specia7 use permiz for automobile parking on R-1 property is no longer required, ana with the stipulations contained in an agreement to be considered by the City Council. Mr� Lagenfeld poin�ed out for the records that the Environmental Quality Commission was 100 percent in favor of this project� hlrsa Schnabel also wanted zt mentioned �hat the Appeals Commission was in favor of this p3.an and were pleased to see the project come abouto She had one question regarding the lis� of stipulations previously approved by the Planning Commission• She wanted to know if the additional stipulation regarding insect control would be added to `his list or would that be acted upon by City Council• 7t was indicated that the additional stipulations regarding insect control would be incorporated by City Counciln Mr� Boardman indicated that Canadian Financial Corporation has gone over these stipulations and probably would be adding �hem to their proposal• UPON A VOICE VOTE, alI voting aye, the motion carried unanimouslya Chairperson Harried said that this item would be considered by City Council on May 2, y977• Planning Comm�ssion Meetin� — Apri1 20, �977 Page 16 9 O 4o PUaLIC NEARING= REQUEST FOR A SPECIAL USE PERMIT, SP �77-03, BY BARRY C• BROTTLUND= To permit t e construction o two up exes an or ou e bungalows, in an R-1 Zoning district {single f amily homes}, per Fridley City Code, Section 205:053, 3, D� to be located on Lot 11, Auditor's Subdivision No�23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-37 East River Road N.E- MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission open the Public Hearing on the request far a special use permit, SP �77-�3, by Barry C• Brottlund• �pon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 9:15 P.M� MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission read the letter to Mr� Harris dated April 11, 1977, from John W� Kimbler and Joyce E. Kimbler concerning the property located at 643Z-3� East River Road and 6435-37 East River Road� Upon a voice vote, alI voting aye, the motion carried unanimously� Chairperson Harris read the letter in opposition to this request. MOTION by Mrs� Shea, seconded by Mr� Bergman that the Planning Commission receive the letter �o the Planning Commission dated April 11, 1977, concerning the property located at 643],-33 East River Road and 6435-37 East River Road from f1�ry Carda and Leo Carda- Even though this letter was a part o-F the agenda, f1ro Lagenfeld felt that the letter should be read for the benefit of the audience. The letter was read• URON A VOICE VOTE, all voting aye, the motion carried unanimously and the letter was received• Mr. Boardman gave the Commission a backgrcund of the request. He stated that the proposal is for a dauble bungalow/duplex to be constructed on Lot ],y {referred to agenda page 39}� The inter�t of the proposal is to divide the property into two parcels for construction of two structures� Mr. Brottlund was comzng before the Planning Commission for a special use permit that will allow for the construction of double bungalows in an R-1 Zaned area� Mr. Boardman explained that both lots would be approximately ],2,00� squre feet. The requirement for a duplex is 1,0,0�0 square feet; therefore, they do meet the requirements. Mr• Barry C� Brottlund was present at the meeting. Chairperson Harris invited Mra Brottlund to speak before the Commission on this subject� ' � � � ' ' r o C .L ( Mr. Brottlund explained his intentions of how th 9 P be done and approximately what t e constructzon would the ro ert Yp� of construction he had planned for P P Y• He said that the structures would be two units each- His plans are to make property values in the area bene�'it by the structures. He said that the units would be very attractive. They should do nothing but add to the attractiveness of the area. He went on to say that there are several plans available that will give these duplexes the appearance of being a single family dwelling. He did indicate that at this point in time he didn't know exactly what he will be building o Mr� Lagenfeld asked him if he had any plan at all at this time? Mro Brottlund answered tl�at he didn't have any plans at this time. Mr. Lagenfeld asked if he had any idea of any similar type of structure somewheres in our �ity� , Mr. Brottlund answered that there were four such structures in the City of N�w Brighton, He said tha� he had been in contact with the single home owners in the area, some directly acrass the street• � These people did indicate that when �hey first were aware of the units, they did show some concern, as I am sure anyone �,�ould- However, since the construction of these structures, �hey have all been happy with the type of people that have been living i.n them, primarily ' owner occupied. Most have been impressed with the structures. i � � ' � u M�� Lagenfeld asked if he has looked ir�to the feasibility of constructing single family dwellings� Mr. Brottlund said it had been consi.dered• He said there are accommodations on the property to take care of either single or double famzly units- He said that he had looked over the area and felt that there was a trend for good looking, well cared for double family dwellings� Mrs. Schnabel wanted to know if Mra Brottlund had an option on this land or if he owned it� Mr. grottlund re$ponded that he had a purchase agreemento Mr. Schnab�l wanted to know if he was intending to build for sale of the property or if he was planning to lease them. ' Mra Brottlund explained that he had three different plans: {1} To market them to builders that will build them for sale {market the land}o � ' ' {2} Most preferable way, that he has contacted two builders that were most interested in putting up the type of buildings he had mentioned, for sale purposes. 1 � I ' , � .0 u I {�} To put the structures up himself and lease them. � Q Again, Mr. BrottlUnd indicated that he was most interested in � pursuing �he second choiceo . Mrs. Schnabel asked �hat since he has a purchase agreement on the property, that if he would h�re a contractor to build on the property for sale purposes, who would retain ownership of the property. Mr. Brottlund indicated that the �ontractor would retain ownership. Mrs• Schnabel wanted to know if Mro Brottlund was in the construction business himself. Mro Brottlund responded that he was not. 1 � Mr� Schnabel wanted to k�ow if he had any ideas, if �e was to develop , this property, if he would have driveway access onto River Road or would he plan for a turnaround on the property itself. � � ' � Mro Brottlund said that this was one of the thlhg5 he discussed with Mr• Boardman. He indicated that this would oefinitely be a consideration since both Iots are large enough to have turn-around areas- Mrs� Shea wanted to know who awned the garage �hat is on the property. Mr. Brottlund said that it belongs to the present property owner and that it goes with the property. M�� Lagenfeld wanted to know what kind ot Iandscaping, fencing, etc. he had planned to put on thiis property. � Mro Broitlund ihdicated that presently there is fencing across the front of the property from one drivPway to the other driveway, abou� 15 feet from the curb. He indicated that the price range of this ' planned structure would be between $65-b5,Q00 and that the cosmetic appearance of the property would be comparable to the price of the home. ' � � ' Mro Lagenfeld asked if this particular idea was just a speculative venture at this tim�o Mro Brottlund indicated that, in part, it was a speculative venture; but he personally felt that it would be to the benefit of the area. Mro Bergman believed that the total 61ock in question was zoned R-1� ' � I I ' � � Pl�nnin,q Commission Meeting — April 20, Z97? Pag� Z9 9R Mr- Boardman clarifzed that Lot ],� was zoned Commercial, however, ""that the rest of th� block was, in fact, zoned R-1� Mr• Bergman wanted to know the Zoning of Block 12- Mro Boardman indicated that they were R-1- Mr� Bergman wanted to know if there were any other duplexes in the area� Mr� Boardman explained that there were none east of East River Road• � He said tF�at there were some further dnwn on East River Road• He then discussed the locations of present dupl,exes in the area- ' Mr• Bergman wanted to know if there were any hardship in Mro Brottlund's request. Mr• Brottlund explained that he felt the lot was extremely large � for a single family unit. He felt that two units, double or single, woul� make better use of the Iand. However, he said tha-� there was no hardship involved- � � � �� ' Chairperson Harris asked if there wa� anyone in the audience that wished to address the issue- f1r• Ken Hughes of 6424 Ashton Avenue N•E. indicated that he not only owns his lot but also owns lots 20, 21 & 22• He restated that thie entire a!^ea consicted of single family dwellings• He felt it wouZd b� wrong to bring in any type of double dwellings. He wanted to know how much of Grand Avenue that Lot 11, included- Mr� Boardman indieated that half of Grand AvenUe went to Lot 11 and half would go to Lot 22� Basically 27-? feet would go to each loto Mra Hughes said that he was led to believe tha� when Grand Avenue was dedicated to be a street, that the land had been taken from Fridley Park and when the petition was approved to vacate the land, that it was to go back to Fridley Park• However, when he checked with City Hall, no one could confirm this� Chairperson Harris commented that if this Iand came from Fridley Park, then it would go back to Fridley Park. � Mr. Hughes quated from the Iegal description of the subject property o.�.otogether with the west half of vacated Grand Avenue, as dedicated , in the plat of Fridley Park ��o.. Chairperson Harris indicated that Fridley Park MAY have included those lots on East River Road• Mro Hughes believed that if this property was from the Park, then double dwelling structures couldn't be built• � � ' ' Planning Commission Meetinq — Arpil 20, 1977 Paqe 20 Chairperson Harris indicated that the plat better be checked out. � S He said that as he recalls, this lot in question is a very old plat � and that th� Planning Commission would have to go to the County and hope they still had the records. ', Mr. Hughes fe1.t that the building of these structures wou�d definitely lower the real estate in the area� Also he indicated that since there were no parks or playgrounds in the area, where would the ;� children from four additional families play. He said that presently. the children in the area have to play in yards or in the streets and adding four more families would only add to the problem• Mr� Hughes wanted to know the required frontage for a double dwelling• Mr� Boardm�n responded that the required frontage was 75 feet and that �r. Brottlund was showing 76.6 feet on one and 92 feet on th� other� Mre Nughes asked if Mr• Brottlund would have the required square footage if half of Grand Avenue was not included• Chairperson Harris referred to Page 38 of the agenda and indicated that this was how it was registered in the County of Anoka. He added that if this was incorrect, it would take a Court Action to correct it and Mro Hu�hes would have �o bring this action. �r. Lagenfeld asked �r• Hughes why he felt that this type of dwelling would Iower his property value• Mro Hughes indicated that if he was to plan to buy a home, he would look for a home in a single family dwelling area� He also added that he felt if two double dwellings were built in the area, it would only make City Council more apt to allow more to come in the future• Mr o Gene Emerson of 99 N� E� 64th Way agreecl with f1r . HUgi�es and was against the proposed building of two dfluble dwelling units• He requested the Commission to conside^ the feelings and wishes of the people living in the area� Chairperson Harris said tha� the Commission would do this- Mra Warren Palm of 6�f21, East River Road said he was opposed to the building of the proposed two double family dwellings• He felt that Mro Brottlund was very vague about what he is going to build- He thought that the Commission should make him be more specific as to what exactly his intentions were� Planning Commission Meeting — April 20, 1977 _ Page 21 �T ' Mr- LeRoy Erlandson of 60 Mississip i Way wanted it clarified that the P wording of the request meant that there would be four families• Also 1 wanted to know about whether the uni.ts would be single or double �evel structures• Mr• Brottlund confirmed that there would be four families- He indicated that he was leaning towards the split entrance structure- Mr• J• Cadwallader of Wayzata was there representing Mr• Brottlund• He indicated that he had gotten legal descriptions of tr�e property made by the Minnesota Valley Surveyors and Engineers Corporation and he has found no restrictions on the pro�erty� He indicated that they were dealing with a piece of property southeast of the corner of Mississippi and East River Road• He said that in driving through the area he saw a considerable amount of multi-family apartments and such and the actual corner of Mississippi and East River Road has become commercial• �r• Cadwallader felt that the area is really set and looking for a buffer zone between single family dwellings and multi- family units� He said that they were looking for a place to build two two-unit buildings• They have checked into this property and have found that they have the required square footage of land and also that they have the required front square footage• He said that they have looked into tne access ana egre because of the fact that East ftiver Road i that they have tried to meet ail of the re Fridley• He said that they ��ere not looki a special use permit and indicated that if the special use permit to a particular typ would be a possibility• He indica�ed that land with the necessary requirem�nts for t hlr• Cadwallader wanted to make it clear th requesting the division of this property i and that the special use permit is for the multi-dwelling and that the special use pe >s rrom Lne pru�er�y ; quite busy• They felt �uirements afi �he City of ig for a rezoning, only it would be necessary to tie � of �uilding, then that the city has supplied this �is to be a two unit si�e• 3t they are presently ito two separate parcels separate zoning for a �mit is not for the division of the land• He did not want this special use permit and the request for a lot split {item 5 of the agenda} to be considered together• �1rs• Shea asked �1r• Brottlund if he would consider putting up two single family units on this property• Mr• Brottlund res�oncled that yes, consideration has been taken, but that it was onl�y a secondary consideration• MOTION BY Mr• Lagenfeld, seconded by Mr• Bergman that the Planning Commission close the public hearing on the request for a special use permit SP �77-03, by Barry �• Brottlund• Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 1�:05 P•4'1• Planning Commission Meeting — April 20, 1977 Page 22 __ __ ' 9U MOTION by Mr• Lagenfeld, seconded by Mrs• Schnabel, that the Planning Commission deny the request for a special use permit ' Sp �77-03, by Barry C• Brottlund�, to permit_the construction of two duplexes/or double bungalows, in an R-1 Zoning District (single family homes); per Fridley City Code, Section 205.053, 3, D, to be ]ocated on Lot 11, Auditor's �, , Subdivision No. 23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-37 East River Road. Mr• Lagenfeld indicated that the grounds for denial are the facts that there are no apparent hardship, there doesn't seem to be exactness in the planning and since this is a special use request he doesn't feel it conforms with the �tatement that when a special use permit is issued, it must be subject to conditions -- the conditions must conform to the follawing standards: to protect the public health, safety, convenience, and welfare- To avoid traffic congestion or hazards or other dangers or to promote conformity of a proposed use with the character of the adjoining property and uses and the district as a whole or to protect such character• The reason for the denial request was that Mr• Lagenfeld felt that it was not ir harmony with the area and does no� protect the characters as stated• Mrs• Schnabel seconded the motion because she had several concerns- One was because the petitioner did not have any particular hardship• She also was concerned about the development of this property in that Mr• Brottlund has anly a purchase agreement on the property and does not own it• Also that he has three different ideas of what he would do, none being firm• It is because of these that she goes along with the decision to deny the special use permit• UPON A VOICE VOTE� all voting aye, the motion carried unanimously• Chairperson Harris declared the request for a special use permit SP �77-�3 by Barry C• Brottlund be recommended to Council for denial• He indicated that this would ga to City Council hlay 2, 1977• 5• REQUEST FOR A LQT SP�IT, L-S •?7-a4, BY BAE2RY C• BROTTLIlND : Split Lot 11� A•S- � 3� toget er wi vaca e ran venue �as pl.ated�tr•u�n Fridley Park into two building sites each ?6•66' of frontage• � Mr• Boardman commented that since the legal description of �chis lot was quite lengthy he had talked to Mr• Brottlund and they decided that instead of a lot split, they would go plat on the property. ' He also commented that with a notion of the possibility of a denial for the special use permit, he had asked Mr• Brottlund if he would s ti l l be in teres te d in sp li t ting t he proper ty• � , � � Mr- Brottlund responded that he was definitely interested in splitting the property- Chairperson Harris asked how they wanted to handle the request- Mr• Boardman commented that if Hendrickson does own the portion of the vacated Grand Avenue then it is his right to sell- planning Commissi�'.�n Meeting — April 20, 1�77 Page 23 ' � V ..Chairperson Harri: commented that there may have been a mistake in � the vacation ordi��ance, and felt that the City Attorney should look at it• , Mr• Boardman poin'��2d out that the plat would public hearing pr:��ess• He indicated that he � the next day• By Lhat time they should have City Council regarding the� special use permit � comes through, we would be able to know what as an R-2 or R-1 ��ning- . have to go through a would start the process some indication from so that when the plat should be done as far c Mr. Brottlunc� made a formal request for the withdrawal of the request for a lot split• Chairperson Harri� want the records to show that Mr� Brottlund was withdrawing the r=-�uest for a lot split, L�S� ?7-04� 6• PUBLIC HEAPI�� CQNSIDERATION OF A PRELIMINARY PLAT, P•S• �77-02, REPL� T OF f1AP,XEN TERRACE, BY TNOf1AS A• �1ARXEN the purpose �2ing to have the plat meet the new street pattern for the area• �'IOTT�N by f�r• Lac=nfeld, seca�ded by Mrs• Shea9 to open the Public Hearing on consid=•ration of a preliminary plat, P•S• �77-02, replat of Marxen Terrace- by Thomas A• f1arxen� Upon a voice vote, all voting aye, Chair;,�rson Harris declared the Public Hearing open at 1,Q:14 P.M• Mr• Thomas A• Mar��n of �,9958 Pineridae Drive N�E• was present- Mr• Boardman made reference to the Replat of Marxen Terrace on page 50 of the aa:•nda• He explained that the cul-de-sac did, at the initial plating, �-xtend past Marxen Terrace and cul-de-sac'd on the back properties tc the east of Marxen ierrace• He indicated that opposition was rec�ived from some property owr.ers regarding the cul-de-sac� there`ore, the cul-de-sac wa� pulled off that area to where it is now w`xthin Marxen Terrace• Mr• Marxen commen��d that he had brought the land from Mr• Hall who had initiated this section about ten years ago with the dedication to this land of t;� right of way• Mr• hlarxen said he brought the land five years ago an�: built a home on it• �1r• Marxen ended up selling this home and the adjacent lot to it on Onondago Street• However, he indicated that ne still owned the back lpnd• He indicated that there seemed to b=� no other way to make this into a paying project• Mr• Marxen pointe�- out that several home owners on the Stinson Blvd side of the area in question are opposed to this• They don't want it to affect their property• He pointed out that by moving the cul-de-sac as stat.�d, it would not aff�c� their property• planning Commission Meeting — April 2�, 1977 Rage 24 0 U� Mr• Boardman clarified that the request was to replat the cul-de-sac to the way it was originally plated• Also he indicated that the second request was for vacation request of th� existing right of way described as the 5� foot right of way located between Lots 3, Block 1 and Lot 1„ Bloek 2 and the south 50 feet of the North 35S feet of Lo� 6• t1r• 6oardman showed the members of the commission exactly what was in question on a drawing from the plat 600k• Mr• Virgil Ishaug of 1,473�75th Avenue N•E• stated that he was entirely in favor of this particular replat• Mr• Boardman also wanted to �oint out that with the approval of this replat, they would also be approving a 30 foot setback on the baCk property• �Again, Mr� Boardman pointed this out to the Commission on a plat drawing}• Mr• Ishaug wanted to know how many hom�s this plat called far no�• Mr� {�arxen indicated that it called for three homes• Mr• Ishaug wanted to know if this was initially plated for multi-dwellings• Mr• Marxen said that it was all single dwellings• Mrs• Schnabel questioned the lot lines resulting from this• Chairpersor� Harris showed her the lines on the drawing they had before them� Mrs• Schnabel w�nted to know the a�proximate dimensions of Lot 6• Mr• Boardman explained that it was 276 feet deep and 66•4 feet wide• Mr• 8ergman claimed that the Plat Book did not show the plat as , dedicated� � � � �� , Mr• Ishaug wanted to know if that 1ot was vacated, would he be able to put trees all the way back on his property- Chairperson Harris responded tha�, yes, he would be able to plant trees• At this point the Commission continued to look at the plat gook and discussed among themselves the area in question- Mr• Marxen brought up the question of Re-Plat fees that he had to pay• Chairperson Harris informed him to bring this up with the City Council- ' . .�. � C planning C.ommissian Me�ting — April 20, �977 Page 25 � 9X MOTION by Mrs• Shea, seconded by Mrs- Schnabel, that the Planning .:Commission receive the letter from Mr• Thomas E• Marxen reqarding the charges for Re-Rla� fees of Plat PS 77-02• , Upon a voice vote, all voting aye, the mot'ion carried unanimously and the letter was r�ceived• MOTION by �rs� Shea, seconded by Mr• Bergman that the Planning Commission close the public hearing on the consideration of a preliminary plat, P•S• �?7-Q2R replat of �arxen Terrace, by Thomas A• Marxen• ,. Upon a voice vote, all voting aye, Chairpersen Harris declared the Public Hearing closed at 1�:3a F•M- MOTION by Mrs� Schnabel, seconded by �r• Lagenfeld, that the Planning Commission recomme�d to Council approval of a preliminary plat, P..S� �7?-�2, replat of Marxen T�rrace, by Thomas A• Marxen as proposed- Upon a voice vvote, all voting aye, the motion carried unanimously- Chairperson Harris indicated that this wo�ld go to City Council on May 2, 1977� 7• VA�ATION REQUEST: SAV �77-02 DY THOMAS E• MARXEN: Vaeate the existing right o way or �arxen Terrace described as th� 5�� right of Way loea�ea ��e� L�ts 3, Biock 1, anG �ot b, glock 2, Marxen TerracQ, and th� South 5� feet of the North 355 feet of Lot 6, that part of said Lot 6 that lies within a circ�e �hos� ra�ius is Sd fee� and 4lhese center is lacated at the S� corner of Lot & o� said Auditor�'s Sub- No� Z�8- Chairperson Harris indicated that the Commission had already discussed this �nd that ��• Marxen wanted to vacate the section that will not be used• Mr• Bergman stated he didn°t believe there to be any problems with this request• Mr• Boardman expl�ined that this had been dedicated prior to this with Marxen Terrace• MOTION by �r• Bergman, seconded by Mrs• Sh�a, that the planning Commission recomnend�o Councii approval of the vacation reauest, SAV #77-02, 6y �homas E. Marxen to�var.ate the existing right of way for Marxen Terrace, described as the 50 foot right of way located bettiveen Lots 3, Block 1, and Lot 1, Block 2, Marxen Terrace, and the South 50 feet of the North 355 feet of Lot 6, that part of said Lot 6 that lies within a circ7e Whose radius is 50 feet and whose center is located at the Southwest corner of Lot 8, of Auditor's Subdivision No. 108. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Narris inciicated that this request will go to public hearing on June �,3, 1977 before the City Council. Chairperson Harris declared that the planning Commission would take a ten minute brealc at 10:35 P.ht. Chairperson Harris called the meeting back to order at 10:45 P•M- Planning Commxssion Meetinq — A�ril 2�, 19?? P�ge 26 , ONTINUEDa GOALS & OBJECTIVES: ACCESS a. c ' �J � Mr• Qoardman indicated that all the goals and objectives had previously been approved• 9Y Mrs� Schnabel indicated that at the time they approved items A1Q0 - A�9�, however, there was no item A�b�• She said that there had been a mistake in numbering• The approval should have been for items ALOD - A180� 9• CONTINUED: GOALS & OBJECTIVES� COMMUNITY VITAtITY � Mr• Qoardman indicated that all the goals and objectives �ad previously been approvedK with the exception of iten V150• , Mrs• Schnabel commented that item V�1� had not yet been corrected• She said that it sould read •• kind of activity -• instead of •••• the kind of mix •••• � Mr• Boardman presented to the Commission what he believed item V15D should read• � ^Promote industrial and commercial efforts to provide business services and employmen� opportunites to the � res?dents through the encouraae�ent of technical assistance ' in supporting their efforts to the extent that such proposals are reflected in area development^ � Mrs• Schnabel indicated that it was her m�in idea to �ssure the business community that the City of Fridley wants �o encourage their continued b�siness in Fridley� Mr• Boardman explained his wording• Mr• Bergman wanted to know ho� �e would encourage business growth and development ta our residents• Mrs• Schnabel wanted to know how wQ would encourage a favorable climate for businesses• Mr• Boardman responded that a favorable climate can be extended to a degree when you have thzngs like zoning restrictions, zoning code requirenents, etc• Ne explained that the thina we want to do is to promote industrial development through the use of things we have available to them• Such things as technical assistance, etc- Mrs• Schnabel indicated that she wanted to go beyond those technical services in that she would like to see an atrnosphere in the com�unity that encourages �usinesses to stay here• ' ' . . r � pl_anning Commisszon Meeting — April ZQ, 1977 Rage 27 - � Mr• Boardman agreed to change tl�e wording � Z ^promote an atmosphere that would encourage industrial and commercial efforts in providing business services and employment opportunities to the resident in supporting their efforts to the e>;ten'c that such proposals are reflected in area development^ MOTION by Mrs• Schnabel., seconded by (�r- Bergman, to acceot item , V150 under Community Vitality; program Objectives• Upon a voice vote, all voting aye, the motion carried unanimously• � � ' 10• APPROVAL^ FORMAT FOR GOALS AND OBJECTTVES Mr• Bergman indicated that he thought the format was great• MOTIOPJ by C1rs• Schnabel� seconded by �irs• Shea, tMat the Planning Commission approve the format for qoals and abjectives• Upon a voice vote, all voting aye, the motion carried unanimously• 11• C4NTINUED: PftGPOSED MAINTENANCE CODE � f10TI0N by f1r• Lagenfeld, seconded by Mrs• Shea, that this item be continued until May 4, 1977• Upon a voice vate, all voting aye, the motion carried unanirr�ously• ' 1,2• CONTINUED: RECOf1f1ENDED CHANGES IN CHAPTER 21,2, MINING ORDINAN�E ' ' � �1r� Lagenfeld made referen�e to Item 21,2•05� Exceptionsa Hz inditated that the unnecessary wording had been str�ck out and that it was recommencied k�y the Env�ronrnental Q�ality Comnission that this be submitted to the Planning Comrnission for approval• Mrs- Schnabel made reference to the situation that had just occurred where three boys were caught in a sand cave–in• She said that it was sand that had beer� brought in for construction of homes in the area• She wanted to know if the Staff had reviewed this item- ' Mr• Boardman indicateci that the staff recommendation on the entire Mining Ordinance would be not to allow any type mininq in the City of Fridley except if the party has a building permit• ' Mrs• Schnabel wanted to know if there were any safety precautions required in Iand alterations• � ' � I ' Mr• Boardman indicated that since the same application is used for Mining and Land Alterations, the same safety precautions are required- �lr• Lagenfeld wanted to know if this reconmendation would eliminate the Mining Ordinance• Mr• Boardman indicated that that was the recommendation- � � , Rl�nnin� Commission Mee�inq --April �0, 1977 Page 28 �r• Lagenfeld want�d to know what would happen to the Ordinance 9�� presently in �he Books• Mr• Boardman said that it was the opinion of th� City Attorney to eliminate this Ordinance• ' �OTION by Mr• �agenfeld, seconded by Mrs� Schnabel, that the Planning �ommzssion accept this Ordinance as written and send it to the City Council for their recommendation• � ' �� Mr• Bergman asked for clarification of the underlined words in 5-Operating S�andards, {b} and the items on the last page• Mr• Boardman answered that it was done to denote a change on the final form• Mr• Bergman didn*t like the wording ^no less than^ in 212•07, 2 �a}. � MOTION by �r• Lagenfeld, seconded ay �rs� Schnabel, that item 212•Q7, 2{a} will read ^within five feet of the right-of-way of an existing public utility• � � UPON a voice vote, all voting aye, the motion carried unanimously• 13• RECESVE LETTER FFOf� NEIGHBORS ON �5th and 2-1/2 STREC1' �OTION by Mrs• shea, seconded by r�r• Beraman, that the plannin� ' Commission receive the letter from the r,eigh�ors on <<5th and 2-1/2 street regarding an addition to the garage at 4591 2-1/2 Street NE� Fridley, and its use. ' i ' Mr• Lagenfeld made reference of the meeting where he told the neighbors to watch each other• UPON a voice vote, all voting aye, the motion carried unanimously and the letter was received� 1,4• RE�EIVE PARKS & RECREATION COM�1ISSTJN hiINUTES: MARCH 28, 1,977 MOTION by I�r°• Lagenfeld, seconded by hlr• Bergman that the Planning Commission receive the parks and Recreation Commission minutes of March 28, ],977 • � Mr• Lagenfeld made reference to Page 57 of the agenda, fourth paragraph from th� bottom, in the motion by Leonard (�oore regarding the Rice Creek Watershed District as to what was transpiring within ' the district• �1r• Lagenfeld indicated that whenever the date was set for the meeting, he would try to attend• � � � � . � � i.�•• ��y L�+��i11JJl11l1 r�eeLang — npril GU'1 .L�rr Page �Q MOTION by f1rs• Schnabel, seconded by Mr• Lagenfeld that the 9 �� P].anr�ing Commission chairman received the motion of the Appeals Commission concerning the review of the policy of the Beer/Wine/ Liquor License applications of e�tablishments in a residential area with the intent of notifying property owners of such requests and that the Chairman wou�d pass �his reques� to the appropriate Commission for their review and action• llpon a voice vote, all voting aye, the motion carried unanimously and the Appeals Commission Meeting ninutes of April Z2, 1977, were received• 16 • RECEIVE �QMMUNITY DEVEI..ORf1ENT COMMTSSION f1EETING MINUTES: ApRIL ], , 1,977 � MOTTON by �1r. Bergman, seconded by Mrs• Schnabel, that the � Planning �ommission receive the Comnunity Development �ommission meeting minutes of April 1,2-, Z977. � Mr• Bergman made reference to the item at the bottom of page 6 of the minutes regarding the traffic related problems on East River Road south of 79th Avenue N•E. Chairp�rson Harris suggested that the Community Development Commission and the Environmental Comnission study the intersection and come up with a recommendatian as to whether there should be signal lights, turn lanes, or whatever appropriate safety features should be located at that intersection• Mrs• Schnabe7. indicated that the original recommendation was to have a study of the traffic flow on Eas� River Road from Osborne Road north to the City limits with tr�e intent that some recommendation be made identifying potentzaz traffic problems• Mr� Boardman was not sure that this item should be handled at this time• He indicated that an extensive study was going to be done on East River Road. Chairperson Harris indicated that he wasn't interested in an entire study of Fast River Road; he �aanted a recommendation as to what to do with the intersection of East River Road &?9th Avenue N.E. {proposed Iocation of 7-1,1, Store}. Mrs• Schnabel indicated that the real problem is that there were more dangerous intersections on East River Road other than ?9th Avenue N -E - Mr• Boardman commented that every intersection is a potentially dangerous problem• , •� ��..��y r.f.,� .a.i �.u� .0 � r � rayC 9 Dn Chairperson Harris suggested that a proposal be put together with Staff concurrence• [3ring the proposal in, make recommendations, and send it to City Council• This way City Council would be _ to make a decision• He i.ndicated that in this way the Planning Commission would be officially on record as asking for a modification of that intersection• There was much discussion by members of the Planning Commission regarding this subject• Mr• Bergman suggested that City Staff get with the �ounty to identify what their plans are as compared to what the City's view is as to actually what shoul.d be at that intersection and then they present to �he Planning Commission their r�commendations rat;`:_�r than getting the Planning Commission involved in a rather broad ocjective• UPON a �roice vote, all voting aye, the motion carried unanimously and the minutes of the Community Development Commission meeting of April 1,2, 1977, were received• MOTSON by f1r• Bergman, seconded by Mrs• Shea, that the Planning Commission aceepts the general attitude of the �ommunity Development Commission, that they not study East River Road problems at this time• f1rs• Schnabel indicated that she was disappointed to hear this motion• �1r� �agenfeld asked the Commi.ssior� not to call a Special Interest If�eeting• IUPON a voice vote, four ayes one nay, the motion carried• 1�10TZON by Mr• Bergman, seconded by Mrs• Schnabel, that th� tapes ibe checked in regards to P1r• Bergman's motion on Page 6 �regarding the approval. of Specia� llse permit SP �77-01 as to specifically verifying the request of the 1,5 stipulations• IUpon a voice vote, alI voting aye, the motion carried• The tapes i.�ill be check�d• 17• RECEIVE HUf1AN RESOURCES COMf1ISSI0N MEETING MTNUTES= APRIL 1,4, 1,977 Ii�OTION by Mrs• Shea, seconded by Mr• Bergman to receive the minutes ��f the Human Resources Commission meeting of April ],4, 1977- � � Planning C.ommission Meeting �inutes — April 20, 1977 Rage 32 Chairperson Harris asked a��out the status of the public hearing on 9 EF tenant/landlord rela�ions – consideration of establishing a tenant/landlord committee• Mrs• Shea indicated � April 26, 1977• that it was going to be discussed again on Upon a voice vote, all vot,ina aye, the motion carried unanimously to receive the minutes of the Human Resources �ommission meeting , of Apr31 14, 19?7- �� MOTION by Mrs• Shea, secorided by �r• Bergman, that a memo be sent �o all Commissions bEstore their nex� meetings, s�ating that elections are to be held• i � � i �i Upon a voice vote, all vot:ing �ye, the motion carried� �IQJOURNMENTe P10TION by Mrs• Shea, seconded by �r• Lagenfeld, tha� the F�lanning Commission meeting be adjourned• Upon a voice vote, ��11 voting aye, Chairperson Harris declared the Planning I:ommission meeting of April 20, 19?7, adjourned at 12:25 A•M- Respectively Submitted, �� G� l�GZt.L�:�-P' MARY LEE C RHILL, Secretary �� t� • f rf 1' Q'/'� , °ti , � . ! `t �i.�.�I�d:.,�_ ...., :..- �,A:..,. _.,.,i.aa.....�i_ .,. r.v.w..� � .� _:: � ,,,�: . 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'' bI'� ' /� ` S ., = i2 � �"af a •� ��.�Q U"l � 2� � l� 2 � � ;,_ ,9 ^.� �, ,� � �},� , - ;' "-� ;� , ' > ^� -� � � '° j e '� y�,._.-t �.`� c:. � c. ��_�„--t-s o d••aa so �`� ::,(0 9 i 8 � 6 S I9 3 Z� / �� •j ; �„ �..zr /"'�� ; n � ti�' �.� � I { I \ � Z.' � �� (l� " �� '' '^ � � 7 'F � Jp� �' ' � ( � I � � ,`� !� 4{'w} :� �, '+f'L `�� I p.' .F 1 i5 � ��7 TI / \�'iC]_'. _"' ;1 d �` ��" /Q '�o,i^ / � � �L. k /;_ o.ti� � yr: \ � � �l 1 � � ' I ,'�� ;�.��. � �, .=1 �{ �) ) i�3 �� y� �� 6.r �is I - � �7' 9y` � ' I ` � I I � . ro, I � 3 , . � : / � ��.r'�- �--- 63- ----- _. �'�A�--w;;� ----N:E:-- � -- ;-;�' °%z,��j7�rl is i � ��i :i9 z�zi�,zz l � ' �^'� ��' I^ � 3 ?r `�''I I � �.\ W �• ' N�1 ` W 1 I ' L•.�� i_'_'.�, ._r :;> � ;i »- �� ,5 t+a�/ 4� _ �� -r -, . -- � - � �z � - n' � � _ �► ---• � �- . � l . I(7- . t - _ . � -- ., r � � : n -: i --t-^--+ ^- �-4-� � -L'IO }-+�- f- � � - �.,�.-- �..�� ..�...��..�., ,,.i..� -� .....•,ee�.-.�... , ... ..� , . :., ....:......��., : . 9 I I Ncter I�lint —. al1RRY C. BROT�LUND, SP #77-03 - I � I � . f7cdrick . 1 �� rAq . �� I ��iC�� L��t(�1�', jr�C. Northeast Office . 3901 Silver Lake Road • St.Anthony, Minnesota . 55421 • 612/781-7484 I� Wayzata • M�nneronka • Etlina • Northeast • Downtown Minneapotis • West Bioomington � April 25, 1977 � , FridZe� City Offices 6431 Unzversity Avenue N.E. A4inneapo Zis, 1��T 55�32 � Attn: City CouneiZ L�e�r S �r: iI hereby fornnaZZ� request tYtat �ou deZa� action c�nd table ou-r request for a SpeciaZ Use Permi�l: SP #77-03, bz,� B�rry C. BrottZund, � untiZ such time that u�e can meet with the znterested propert� ou�ne�s o f tl�.e area. PZease advise us as soon as possible. � Respect fu Z Zy -�ubrr,i tted, ; �` . i... .� , ��` . L \ , � �\ � , ' �, � L=; , . , �_ ._ \ �_.��. � � .��. _._ Barry BrottZund � BB/mab � I � � ; � - � � '� �� t � � t i ; i ; .....F.,:.�-,+.- i.-».'�.�r-:4:?sa t-"��7 \'. . : �C.'��. � � - . REPLAT OF MARXEN TERRACE 1�'�/t r-: �'. �_ ;-1 ��i_ �:��:a_c��_= - C�1"ti� o•,— . ��t��c_ti "�' / 1=. C)��c,i:�:,,r,c=,/` .:�Z"' �iC .`�:..r,�,�.�N�,-�.:rs _.._._ :•. _ i �_ -------- - _. _ . . _ ._-- --- - -___. -- -_ _. —. I� i� � � ------....._ __- GG.vc �a.•!i. -- - - / ( I I /.. I / 1 � �, i �� L (.%�}� �r ,`�`'2 0: �,� �P.�� •' � . � '�j;� � I � 1� , I � �:.: _'_' ""_ _ '__ I (1 �"-'.;'-'•!"f !il tu .. ;�I I .i. � � � "' u; - � �. <:' � 1�_'_'_. _ .._..---- �----- L 3 / �,; � � � I �; }� / i. : o � � � oJ �-��- . �o 1� � � e��;i ! .�� _� '�"i "__' —��---'---- --� _�SCp.. � a ��'/ I '� �E�..,.�. .. o' '1 c . ` .. 1 Y.., : :- S �I I \�� /r >�G�/ I � P. (-� C.., I 1 �\ �.� � �: ) �zti.�.`~i:�.c'r�.�.._,.-- -r~ �, :.. \ / _ �� ` ' / i�-. = I �_�\a::� � I � ' ---/ �� \\ �,/ \�I -f- /- - -� / I � � I �+ '.� � I '�I i � � o •ts,:o,-:-=��— --- � �, � <� -- _� ��_ C �e.��a _---- — y 3—J �;; � 95/z �_ �•,� '' ...: �'yJ ' I ^ � I .. 4 � 1J �' � r �,.�'� \. -- -- � (; i '�\ - -1 � I � � � _\ .��._ __� �/ \'�<<r. �_ �,,.�:-�.� ` �I � �� -�.cr.G_. I -,.;- - _ r.i t � � _.-Y �� - - , .f-�' ,,�_.�'' I I �.�.,�:�..,� ° � � - \\ ` f � _ �� I .-LG'G �� :9 1_.,-_s._l_-- \ � � �, , o I i , � � '• � 1"S; o L # __ _____________ � __ � � ::' i I `�" �� -� � 0 � °I � , ri �/I U Q �� `E r I — -- ' 1 �.s-1� — -- -) I. ^I , io o I p1 �� — _ _-•�! _._ �._ _. �.. �__ � �...^..'. '�:. `=t' .�Vc: 11c� . _.1/}��l..-t: �r _.�:.%� /�V.-• �c:. �.c'\.i..tS�, Lti�T',�_. ~ �: __ � : � ] _ _} _, _ ��_ _ _=�[t_.,` :�'! �•.. ..._..._. . `� \ } . ��, i 9 JJ r i i ! I � ! ' F i� � �y, � �� r.lG'. 1�:= So' o.. '. • � �.`..a: 5t.e��J I,t.G 4ff.�..H.+r� ;��w�..o..�:T� �,�..:.''; ,..� �t_ 11 \- \= �+� E N. � ; .. / , f E f t 1 � � i ( �� ^,P•�,M__..T��_..��r) FXI�,* ,"�.__.�. �' ��.G � -'.i ,l i 5 ( gn � , �� V•A c ,"' +r'A�q'^ r�c.et{ � 6a�.!;i.��.,z�L��.,,sa.,dJ ,.,1,,1�' � \ �cw�:a�.s:�.�t,�.ta�... t "> ' ��i�.:&�.�6c�..,.,ia�:�.mTid+'+:' � ��.$cie,�, _�:-_ _. _ .___- _---- THOMAS MlIRXEN SAV #77-02 - I� _.___.�_ ____� � K,\ 13� S�' I �_ _ , HiE � I�) if�9 , i. ------� 93 Z�l'tTiEt1: . � I � F�C ( ~ � � I ,f � ` P`� NC I�� 1) I i � I � �� I --� i ._ � � � � � � � ' i � � . i � , i � - , i � - • i ' ♦'1,J � ' ' [b,+,_� ' � ' _ ---�----+..----.---- --.. -- �-..r---+�- E.lfiS�A�L P �IP IN _AfJ - '� . I"!E W�I'tnE STORtr �E,�,� "� ii�:0 :11'ER CRO�S �', i550 � � � F F' ' I �—_---� I - � I '• 9�iREE � I I I �---� � ----� , B �: � { �t N') ! � I 162� � �; � 5 UTILI Y E'---EASEr��E";7 ��r e.;s� � BUSH � � � i i �' tii ;H EvER;{t�CEv I I -� S A r I1J',; A�HH�)6 K) N nr S0. k/W UVE Of ON7?1DA ;A GARA�'>E , ' ---= 2 / ! � / I �v�')'IL�TY EA�E';�F,'.� � / - TC �E 0� :AIf;E; I / �- 2� � ( „ hNS":.! L 5 N'iC. 'IR vi,L✓E ASjhi �? i � -, �, .� 3�; -, v - � rt4�4'� TRELt �� / ��, ��/ / / � �/�� ' � ,`��---L----- � . . a� . � ` � �. . ----�.F��,- — T �� ! . � . l� •3� EC�Scr��E:;T�' 7'J' 5E ')b�aINE:; ��..� T�RR. � 1 �� , PROPOSED � R V�TION � � � � � � �\ \ . Y ` � \ � . �� . ..1:�:�::::�:�::::��.:�:::�:��. �.:�:�::��::�:��:� ::::::. ...:::::��:::�:�.:�::::::� ::�:�:�:�::::::��';�^:��. :��::::�::�:::::..::.::.: ...:::::::�::::::�:�:�::. ...::�'::�-::::::�::�:::� _::...........�........ . ...................... ..................... ....�................ .......�......k .� •. ..................... ..................... ...................... ..................... ..................... ..................... ........�............ .:.......... .��... ..................... ..................... ..................... ..................... .� . ...................�. ..................... ..................... ..............U...... ..................... ..................... ..................... ....................� . ...................... ............ ......... ..................... ..............F=..... ...................... ..................... ...................... ..................... ....................... ......................... ............ ............ .............. .O. .... ......................... .................:.:... ..................... ..................... ......� ............. .................. " . ...............�..... ..............�:. .... ........:............ ............. .•.�.... ......•. .......•....... .. •.................. . � ..................... . ...................:. ......................... .�.. . ............ ..................... . ...................... ..................... .................... ..................... ....... ............. ..............�...... ..................... ..................... ..................... ..................... .................... ..................... .......... .�........: .!'�.....-.... ..... ...................., ..................... ...................... .................... .................... ,......... ., ... .i ,....... ............. :��'............ ..... ..................... ..................... ...................... ..................... �� ...................... . . ............... ..................... .,'............. . ........... _ . . .. ............... . ...... .. ..... :. ............�..... ...............,.... ..................... .. . .... ...... .. .. .. , J .... ... . . . .................. ..... ...... .... 1 City of Fridley 9 LL � � � � � � APPEALS COMMISSION MEETING CALL 70 ORDER: APRIL 12, 1977 Chairaroman Schnabel called the meeting to order a� 7:40 P.M. ROLL CALL: t�embers Presen�:: Schnabel, Gabel, Plemel, Kemper, Barna P�embers Absent: None Others Present: Ron Holden, Building Inspection Officer APPROVE APPEALS COMMISSION MINUTES: MARCN f5, 1977 Page 1 Mrs. Schnabel asked that the last sent�ni:e of the faurth paragraph from the bottom of page 2 be deleted as it was not the question she had asked, and that tlie third paragraph from the bottom on page 8 be changed from "No Right Turn", to "No Left Turn", and that Lincoln Street be changed to 79�;t�. ' MOTION by Gabel, seconded by Barna, that the minutes of the March 15, 1977 Rppeals Commission meetin� be approved as corrected. Upon a voice vote, all voting aye, the motion carried unanimously. � 1. REQUESTTFOR^VARIANCE OF SECTION 205.10:s, 4B, FRIDLEY CITY CODE, TO i r rrr-r �-n r rrrT 1\I.VVIiL I IIL. JlUL Il�ll\V JI,_ 1 V(lV{\ I 1\VI'1 I IIL I\Lt{V AI\LV 1 J � � BECNUSE OF A REQUtST THAT ONE �F�RCEf_ UI= I.AND WITH TWO EXISTING � BUILDINGS, BE SPLIT INTO TWO PARCEL_S, ZONED C-2 GENERAL BUSINESS ARFAS �, LOCF�TED ON LOT 1, BLOCK 3, COMNIERCF PARK, THE SAME �EING 7300 Af�D 7320 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. '� Request by Park Metropolitan Investment FundS °ark Building, 1595 Selby Avenue, St. Paul, Minnesota 55104}, ' � � MOTIO�� by �emper, seconded by Gabel, to open the Public Hearing. Upon a voice vote, all voting aye, the Public Hearing was opened at 7:43 P.M. A, � , C. , ADMINISTRATIVE STAFF REPORT PUBLIC PURPOSE SERUED BY REQUIREMENT: Section 295.103, 46, requiring a side yard setback of 15 feet from the common property line. Public purpose served is to provide for adequate open areas around commercial structures, maintain clear access for fire fighting and reduce conflagration of fire. STATED HARDSHIP: Two existing buildings under separate ownership can not place individual mortgage or obtain separate tax statements. One parcel of land is leased with building owned separately, needs to be split to stop problems. ADMINISTRATIVE STAFF REVIEW: �� 9 ��a�i A�peals Comrnission ��leeting April 12, 1977 Page 3 this property, two different addresses, in fact, everything w�as separate except the 1 egal ti t1 e. Mrs. Schnabel said that she felt it should be pointed out that Mr.Coddon owns all the land on this parcel and one building. The other building is under separate ownership. Mr. Coddon said that he would like to sell the ttuilding he owns with the land to the person renting the building. He would like to divest his interest in this property. Mr. Kemper said he felt that this was more of a housekeeping item. fMrs. Gabel had some questi.ons on the advertising signs on the property. Mr. Coddon said there were two different sigr�s, one for each property. Mrs. Gabel questioned if one of the signs were leyal, but said that could be checked ' out by Cii;y Staff at a later time. Mr. Coddon said that it was probably confusing because one sign was for the service station and an automatic car wash, and one sign was for the self-service car wash, which were two separate businesses. �J � � � Mr. Holden asked Mr. Coddon if there �ras anything inflamable stored on the premises for the automatic car wash. Mr. Coddon said he didn't think so because they had all underground stora�e tanks. Mr. Holden said that he had just spoken to Robert Aldrich before this meeting, and he agreed that his statement was still stood as far as this property was concerned about the danger of confiagra�ion af fire. i�ir. Holden said thP canstruction oi ti-ie common walls between the two buildings did meet all the requirements of the building code. There were no openings in the cemmon wall area. M07IGiJ by Plerr�el, seconded by Barna, to ciose the Pub�ic Hearing. Upon a voice vote, all voting a�e, th� Public i�earing was clbsed at 7:50 P.M. Mrs. Schnabel said that she was ylad that Mr. Holden had r.hecked with ' Mr. Aldrich for his concerns on fire protection, because she thought that would be the main concern of the Commission. Mr. Plemel said that the bui7dings were not going to move whether there was a variance granted or not. Mrs. Schnabel said that one of the concerns of the Planning Commission was that the ownership might change on the self-service car wash building, and that owner could change the nature of the business in that building. If a building permit was requested for a change of use of this building, there would have to be a check made as to what type of material they were going to use or store in that building, but at this point, she didn't think that was an issue. MOTION by Kemper, seconded by Barna, that the Appeals Commission recommend to Council, through the Planning Commission, approval of the request for a variance of a sideyard setback from the required 15' to 5' for 7300 and 7320 ' Univers�ty Avenue N.E. Upon a voice vote, all voting aye, the motion carried unanimously. 2. REQUEST FOR VARIANCE OF SECTION 115.02, 5, A, FRIDLEY CITY CODE, TO ALLOW THE USE OF AN EXISTING 6FOOT HORIZONTAL RED�d00D CLIMBABLE FENCE S AN ENCL SURE FO J I G P00 , L C T N LOT , BLOCK , L ALE BUILDER S 6TH ADDITION, THE SAME BEING 1171 LYNDE DRIVE N.E., FRIDLEY, MINNESOTA. Request by Richard D. Rignell, 1171 Lynde Drive N.E., Fri ey, Minnesota 55432). MOTION by Gabel, sec�nded by Plemel, that the Public Hearing be opened. Appeals Commission Meeting April 12, 1977 Page 4 Upon a voice vote, all voting aye, the Public Hearing opened at 8:03 P.M. A. : C. ADMINISTRATIVE STAFF REPORT PUQLIC PURPOSE SERVED BY REQUIREMEN�T: Section 115,02, 5, A, requiring fencing that shall prevent the entrance of children and be without hand of foot holds that would Pnable a person to climb over it. Public purpose served by this requirement is to protect unescorted intruders from the dangers of ihe pool area. STATED HARDSHIP: Had I been properly informed, I would not have used my existing fence as a pool fence. (This is a summary paraphrase of petitioner's accompanyiny letter.) ADMINISTRATIUE STAFF REVIEW: The existing fence which was used as a pool enclosure is a horizontal board on board fence which does afford external foot and hand holds. A letter from Steven Olson, Environmental Officer, dated October 13, 1976 to Mr. Bill Schumacher of Aquarius Pools was included when the permit �vas issued. This letter contained severai requirernents, including "A fence or other suitable barrier, a minimum of six (6) feet high, that affords no external hand ho]ds or foot holds and which is inpenetrable by todd7ers� must be provided around the entire perimeter of the pool." A copy of the letter was sent to Mr. Richard Rignell of 1171 Lynde Drive. The matter o� the fense was discussed w�th the owner and City Staff and it was determ�ned that the fence failed to meet the requirement of being "non-climbable". The owner was informed by letter on October 28, 1976, to either reconstruct the fence or obtain a variance to retain the fence as is. Mr. Richard Rignell was present. � o0 Mr. Ron Holden said there were some pici;ures in the file that Mr. Rignell had given to the City. Ne said that basically there was some misunderstand- i.ng between the petiiioner and City Staff on information he had received over the telephone well in advance of construction of the swimming pool, as to what the requirements were for such construction. At the time the pool permit was taken out, a copy of the requirements were given to the pool company with a copy of the requirements going to Mr. Rignell. He said this letter was dated October 13, 1976. He said that he thought that most of the misunderstanding came from this being a board on board fence, but the fact that it was horizot��al board on board makes it climbable, almost like a ladder. �hairwoman Schnabel said that all the members of the Appeals Commission had received a copy of Mr. Rignell's letter that accompanied the variance request and she wanted that letter received so it would be part of the record of the proceedings. MOTION by Plemel, seconded b,y Barna, that the Appeals Commission receive the letter from Mr. R�gnell explaining his hardship. Upon a voice vote, all voting aye, the motion carried unanimously. 9 PP � �peals Commission Meeiing - A�ri1 12, 1977 Page 5 , Mr. Rignell said that i� was unfartunate that he didn't get anything in writing when he questioned the City Staff over the telephone. He said that he made the decision to have a swimming pool assun�ing that the fence he had wouid meet �he requirements for a pool, and it wasn't until after the building permit for the pool had been issued and construction had almost been completed before Mr. Olson I' inspected the site and said that the fence would not meet the requirements of the swirnming pool ordinance. Mr. Rignell they addressed the Appeals Commission to �' show them on a d�awing where the fences of other neighbors were located and whe�e there was open area, He said the point he ��as trying to make was that the area was � not very accessibie. , Mr. Plemel asked if there wasn't some way that this fence couid be altered to meet th� code. Mr� Rignell said that when you start moving redwood around a lot of it would break and he felt it would be a cornplete waste of lumber. Mr. Holden � said that another alternative would be to move the inside board �o the outside and fit it into the spaces. , Mr. Rignell said that he had di_scussed this matter with his insurance agent who was with a reputable company, and its their contentzon that having a six foot fence that anyone who gets over that fence, he can not be liable for. � Mr. Plemel said the the courts can interpret things much differenzly than an insurance company. Mrs. Gabel wondered what the legal ramifications would be, if we were to approve a variance from the City Code, and allow a climbable fence as a , pool enclosure, and there was an unforturate ac�ident. Mr. Holden said that in cases like that, they tend to sue everyone in sighta � Mrs. Schnabel said that 5esides the children in the neighborhood who wouid be aware that there was a pool on the property, she was also concerned about the children from North Park School which is less than a block away. She said that � when she visited the site, the portion of the rence that was closest to the gate was not 6 ft. high. Mr. R�gnell said a board had been removed during construction of the pool, and because of the terrain in this area, the fence looked lower. � Mr. Rignell said that he felt one deterrent was that you had to get right up to the fence before you could see the pool. It was not attractive from a distance. He said that he had not chased a child off this fence in the four years he has lived � at this location. Mrs. Schnabel said ±hat she was distressed that Mr. Rignell had not received � the correct information from City Hall and that he had such a difficuTt time in getting any information. Mrs. Schnabel said they did encourage the neighbors to voice their opinions , on any variance request, and if they got no response from the neighbors, then they had no way of knowing if the neiyhbors agree with the variance or not, so in this spirit she hoped that Mr. Rignell would realize that the neighbors should voice their concerns � and hoped he would understand that this was a necessary thing. She said they had received a letter from one neighbor, a Mr. & Mrs. James Legett of 5701 Regis Trail. � MOTION by Barna, seconded by Plemel, that the Appeals Commission r�ceive this letter. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Schnabel read the letter which made two points: (1) They have a , 13 month old child and have peapie visiting them with sma]1 children, (2) There is a tiny tot program in the summer at the school across the street, and 4 year olds � Appeals Commission Minutes, April 12, 1977 Page 6 could be very tempted when walking home on a very hot summer day. 9 �n Mr. Douglas Strong, 5720 Regis Drive, asked tha�t when a pool permit was taken out, when was the first inspection made. Mr. Holden said that when they .. , called in for an inspection. He said the electrical inspector and plumbing inspector made the first inspections, and there weren't many inspections on a pool until they were completed. He said the inspections were made by the Environmental Officer then. He said that poo� construction,as opposed to building inspection, there wasn't much inspection that could b� made when they were pouring concrete. Mr. Strong asked who checked on the location of the pool. Mr. Holden said it was up to the contractor and owner to see that the pool was located as they had proposed to locate in on the survey that was presented with the request for a building permit. Mr. Strong said that he felt the City had put a burden on Mr. Rignell when after the pool was already constructed, they then told him he had to have a 6' unclimbably fence. He said that there lot v��as back to back with Mr. Rignell's property and he had a 6' vertical fence. He said that he had a 4 year old and two other children, and he said he had a probl°m with the wording of toddlers and children, because he knew tha�t his four year old had climbed the fence, but had not gone over the fence. He said that this week end he had counted 8 chi1dren under ten,playing in his yard, and they were concerned about one of those children climbing over the fence. He said they were upset with the City also, because this puts a burden on us, and we have to live with our neighbors. Mr. Kemper said that he was looking at a copy of the building permit that was issued for this swimming pool on October 13, 1976. On this permit it states that the stipulatiens are in the letter from Steven Olson dated the same date. This was sent to the pool company and to Mr. Rignell, and item 7 0{ the stipulations does give the fence requirements for a swimming pool enclosure. He said that it states no hand holds or foot holds, and the picture that you have presented of your fence, clearly irdicates that this fence would not meet this requirement. He said he didn't know if Mr. Rignell had been led down the primrose path, but the stipulations on the building permit were crystal clear. Mr. Kemper asked when construction on the pool was started. Mr. Rignell said they broke ground on October 23rd and finished the pool on October 25th. Mr. Strong said that he thought if a board was added on one side of the fence, this woul� eliminate the objections from the neighbors. Mrs. Carol Eppel, 572i Regis Drive, said that she agreed with Mr. Rignell that if somone was over the fence, they did not belong there, but that was an afterthought i� an accident should happen. She said she would not 1ike to see the variance granted. There were over 50 children living in this neighborhood, and whether Mr. Rignell did or did not get the correct information from the City, it still is a clirnbable fence and she would like to see this changed. Mr. Rignell said the►°e were alternatives to making this fence not climbable, � but he didn't see how the City could be held liable if this fence was left the way it was and the variance was granted. Mr. Kemper said he wasn't concerned about liability, he was more concerned about a human life. � � Mr. Kemper said that if the Appeals Commission did recommend denial of this request, h? didn't think they should stipulate how the fence should be changed to meet the code. He said this was a matter of economics and it should be left to Mr. Rignell's discretion on how this fence could be changed to meet the code. Mr. Holden said that M►°. Rignell wa� given a deadline of April lst, 1977 to 1 either change the fence so that it met the code, or request a variance. Ne said that he wanted to apoligize to Mr. Rignell for getting either the wrong information or not ' � � � ' � Ap�eals Commission Meeting April 12, 1977 Page 7 not the information he needed when he contacted the City. He said this problem had made the City Staff consider a new policy for pool permit. Qefore any pool permit would be issued when the use of any existing fences or other structures was proposed, an on-site inspection would be required. The existing structures would be checked for compliance and any questions answered for the homeowner. He said the pool companies wouldn't be very happy with this delay, but they didn't want to have a reoccurrence of what happene� to Mr. Rignell. Mr. Barna said he wanted the Council to know that he did not feel that a chain link fence met the requirements for a non-climbable fence. Other members of the Commission agreed with him. ' MOTION by Barna, seconded by Kemper, that the Appeals Commission close the Public Hearing. Upon a voice vote, all voting aye, the Public Hearing was closed at 8:50 P.M. � i Mrs. Gabel said she felt this was an extremely unfortunate incident, but this was something that could happen when there was a new ordinance. She said she u�as sure that this would not make Mr. Rignell any happier because it was at his expense. She still felt that she could not go along with this request, because after seeing the fence there would be ne deterrent to stop a small child from climb;ng this fence. Mr. Kemper said it was a climbable fence and we have neighbors who are opposed to the variance, so he was not in favor of it being granted. Mr. Plemel said that it was unfortunate that the petitioner was going to have to come up with money out of his pocket to modify the fence, but if the City had made the inspection even a year ago, this fence would stiil have had to be modified before he could get a poo] permit. Mr. Barna said we could discuss responsibility, liability, and toddlers and children, but he would hate to have a child have an accident in the pool, whether the owner was liable or not. He said he felt this was a moral and emotional issue rather than legal liability. MOTION by Kemper, seconded by Plemel, that the Appeals Commission recommend to Council, through the Planning Commission, denial of the request for a variance to allow a climbable fence to be used as a pool enclosure. Upon a voice vote, all voting aye, the motion carried unanimously. 3. REQUEST FOR VARIANCE OF SECTION 205.053, 4,A, FRIDLEY CITY CODE FEET T0 ALLOW THE C�ISTRUC�tION �F A DUPLEX AND GARAGE �IN R-2 ZONING TWO FAMILY DWELLING AREAS LOCATED ON LOTS 16 AND 17, BLOCK 9, NAMILTON S ADDITION TO MECHANICSVILLE, THE SAME BEING 451-453 54TH AVENUE N.E. FRIDLEY, �1INNES T. equest y John A. Saccoman, 5470 7th Street N.E., Fridley, Minnesota 55432). MOTION by Plemel, seconded by Barna, that tl�e Public Hearing be opened. Upon a voice vote, all voting aye, the Public Hearing was opened at 9:00 P.M. • •i ' I� ' � � �� '� � ' � A�peals Commission Meeting A�ril 12, i977 Page 8 ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking..without encroaching on the public r;ght of way. Also for aesthetic con- sideration to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: Hardship would be a 20 ft. wide house instead of a 24 ft. wide house. C. A�MINISTRATIVE STAFF REVIEW: The iot in question is zoned R-2 (single and two fami7y dwellings). The only size house that one could be able to build without a variance would be 20 ft. deep. There are no adjacent houses facing 54th Avenue on this s�de of the street. There is approximately seven feet of boulevard in this area. Mr. John Saccoman was present. P�r. Holden said this would be the only dwelling facing 54th Avenue. The lot was 130' x 80' and due to the shallowness of the lot, this was the only way the house could be built to meet the other set back requirements. He said the property to the rear of this lot was the parking lot for the apartment complex. Mrs. Schnabel said this must be going to be an up and down duplex instead of a side by side. Mr. Saccoman said that was correct. Mr. Saccoman said he had a solar energy system build into the house to be used as auxilliary heat, but he didn't know if he could get f�nancing on the house with this option, so he may have to scrap that part of the plan. Mrs. Schnabel said there were a lot of trees on this lot. Mr. Saccoman said that most of them were in the center of the lot where the duplex would be built so most of them would have to go. He said he could probably save a couple of trees on the back of the lot. Mr. Holden told Mr. Saccoman that the garage was too small to meet the requirements for a duplex, but there was enough width on the lot to increase the size to meet the requirements. Mrs. Schnabe] said there was a 7' boulevard so the house would be 38 feet from the street. MOTTON by Barna, seconded by fiabel, that the Appeals Commission close the Public Hearing. Upon a voice vote, all voting aye, the Public Hearing was closed at 9:13 P.M. MOTION by Barna, seconed by Gabel, that the Appeals Commission 9 SS Appeals Commission Meeting April 12, 1977 Page 9 recommend to Council, through the Planning Commission, approval of the variance to reduce the front ,yard setback from 35' to 31' to allow the construction of a duplex and garage. Upon a voice vote, all voting aye, the motion carried unanimously. 4. R�QUESi �� VARIANCE OF SECTION 205.104, lE, 1), FRIDLEY CITY CODE TO AL�OGJ Of�F-STREET PARKING FROM TNE REQUIRED 20 FEET FROM THE PROPERTY LINE ABUTTING A PUQLIC RIGHT OF WAY, TO 0 FEET, TO ALLOW THE CONSTRUCTION OF A PIZZA HUT, TO BE LOCATED ON LOTS 1 AND 2, BLOCK 7, ANU LOTS 14 AND 15, aLOCK 8, ALL IN CITY VIEW ADDITION, AND ZONED C-2 GENERAI 6USIhdESS AREAS , THE SAME BEING 255 57TH AVENUE N.E., FRIDLEY, P�INIJESOTAo Request by Antler Corporation, 2954 Rice Street, St. Paul, Minnesota 55113). MOTION by Barna, seconded by Kemper to open the Public Hearing. Upon a voice vote, a]1 voting aye, the Public Hearing was opened at 9:15 P.M. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.104, E, 1, p,"i?��b�ti�g park;ng o�� co��mercial areas within 1 the 20 fto required front yard� (This includes the rear yard on double frontage lots). � Public purpose served is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to a public right of way. � B. STATED HARQSHIP: The owner feels that this will be a high volume location and will � need additional stalls to serve business. Owner also feels he should be able to park in areas similar to adjacent properties who are parking up to property line. � , � , ' C. ADMINISTRATIVE STAFF REPORT: This area is zoned C-2 (local business) and the proposed use will be a Pizza Hut. The owner is able to suppl.y required parking without encroaching into the front yard, but feels. his "high voi�ume" business warrants the additional parking and requested encroachment. The apartment to the East and Holiday Auto Center to the West, both have parking in the front yard on 57th Avenue. This variance is being requested for the areas next to 57th Place, but will not exit on to 57th Place. Mr. Warren Hanson of the Antler Corporation was present to made the petition. Mr. Hanson said this property would have the ingress and egress on 57th Avenue, but they would like to use the property up to the property line on 57th Place for additional parking, which would be in line with the two adjacent properties. He explained the plot plan, indicating where the 9 TT 9 (1�� Appeais Commission Meet9n� April 12, 1977 Page 10 green areas and landscaping would be. He indicated that while the plot plan showed 50 parking spaces, about 3 of those would be repiaced by additional green area, making a total of 47 parking spaces if the variance was granted. He said he thought this business would add to the area, rather than detract. He said the trash containers would be behind a 6' fence and that they would be contained lighting of the property, so it would not shine into ihe resideniial development in the area. Mrs. Schnabel asked if it ti�as their intention to fence the North property line. Mr. Hanson said he v�ould say no. He said this property would be well kept and there would be a green area frorn the property line to the street. He said he didn't know if the members of t.he Commission had been out to look at the condition of the fence for the Holiday Auto Center, but the condition of the fence did not add to the area. The Commission members agreed as to the cond�tion of this fence. Mr. Hol�en said that it was part of the City Code that the fence had to be maintained, and this would be checked by the City Staff. Mr. Plemel said there was residential development across the street from this property to the North. Mrs. Schnabel said that was the reason she asked about �he fence. Mr. Hanson said that Pizza Nut's really kept up their sites, because they wanted the business ta be inviting to the pub1ir., which was a much differ�ent ousiness fro�n ar� auta center. He said the properties were zoned the same, 6ut it was a much different iand use. Mr. Holden_ said he thought a high bPrm wouid be pl�asing as a buffer betweer this business and the resid�ntial development. Mrs. �aabel asked the seating capacity of this business. Mr. Hanson said it was 92o Mr. Holden said the Code stated that they only had to provide 30 parking stalls, but that the developer thought this was a high volume type of business and wanted to have 50 stalls, wh:ch �,�as now reduced to 47. Mr. Hanson said a Pizza Hut f�ad been built on Highway 12, and they had followed tne parking stali requiremer�t of the code there. This was such a high volume location, �:ha~;-, this business has created a traffic hazard. H� said the f�anchise holder would have to pay $8,000 to have the gas cornpGny relocate a-large main that ran between Block 7 and Block B in City View Addition. This main was located now, just where �.he buildzng �vould be located. With the cost of the property and this additional cost of $8,000. the owner fei� he ha�i tc have hic�h volume . to make this economically feasibl�e. Mr. Ed��rar�d Jo�ak, 133 N.E. Craig Way N.E., who said he owned the property at. 261 �7tf�� Piace, said he was concerned a5out the trash blowin�a i'rom ��is property. He said they �ot so much trash from Holiday and Country Kitchen n�w, that the containment of trash was his primary concern. Mrs. Schnabel said the reason she had suggested a fence was because she was concerned about people driving from the parking lot onto 57th Place, and a green strip would not be a deterrent to some people, and also to reduce the visual impact of this business from the residential development. Mr, Russ Riddel, 247 57th Place N.E., said that the way the garbage blows' across this lot, he was in favor of a fence. Helen Sgyplinski said she was i � � Appeals Commission Meetin2q April 12, 1977 Page 11 _ was so tired of having Holiday garbage hauled away that at times she felt like picking it a1i up and throwing it back over the fence. Mr. Hanson said that it was true that the property (the vacant lot) was a mess from blowing trash. Mr. Jonas said that he really would prefer a berm for aesthetics, but ' due to the trash problem, he would have to go along v�tith a fence. Helen Szyplinsk� said that she would be in favor of a fence also. 9 V�� Mr. Kemper asked the neighbors who had spoken about the fence, if they would be in favor of the variance being granted if a fence were put it. The neighbors agreed that having the parking to the property line or 20 feet in wouldn't make much difference if a fence was installed. Mr. Plemel asked if the automobiles would be driving around this building. Mr. Hanson said they would because there would be two entrances and two egresses on 57th Avenue. Mr. Hanson said that if the neighbors wanted a noise barrier and a shield from th� headlights of the cars. they would be willing to put up a 6 foot so�id fe�ce. Mrs. Schnabel said that the ordinance did call for fencing on commercial property if it abutted a different zoning district. Mrs. Gabel said there would be a problem with trying to enforce this as a code item, because the property that was still a residential development was the same commercial zoning. It was the same zoning, but a different land use. Mr. Riddel thought there should be "no parking" signs installed on 57th P7ace to discourage parking for this business. Mr. Nanson said they could petition the City to do that. Nirs. Schnabel said �hat if the fence were to continue down the East and West property lines South for about 50' that this would eliminate people parking on 57th Place for the Pizza Hut. Mr, Hanson said they would be willing to do that. ye said the Holiday fence turned and continued toward the South, but he didn't know if that was on the property iine. He said that he would agree to this additional fencing regardless of where the fence was placed on the Holiday property. Mrs. Gabel said she wasn't convinced that the 20 additional stalls were really needed for this business. Mr. Hanson said that he was not trying to threaten in any way, but it was just a fact, that if the owner of this property didn't get the additional parking, he would not make the investment. He would need the high valume to get a proper return on his investment. It was a matter of economics. The neighbors asked Chairwoman Schnabel what other type of businesses rxouid be aliowed in C-2 zoning. Mrs. Schnabel read from the City Code tFie different allowable uses and the uses allowed with a Special Use Permit. , Mr. Janek said that if the problems of noise, light and dirt were reduced by the installation of a fence, then he had no objection to the variance being granted. The other neighbors agreed. � � ' MOTJON by Kempers seconded by 8arna, to close the Publ�c Hearing. Upon a voice vote, all voting aye, the Public Nearing was closed at 10:12 P.M. '�i � A�eal s Comrni ssi on Meeti nq - Apri 1 12, 1977 Page 12 9�4�� Mr. Hanson mentioned that they would be serving beer with the pizza. Mrs. Gabel asked if there was a public hearing on a beer license when the business was close to residential development. It was determined that this was not done. She said she was concerned about this and Mrs. Schnabel asked her to bring this up later in the meeting. � Mr. Plemel said it seemed to be the concensu�! of opinion that there should be a 6' fence on this property, and if there was a fence, the people on the outside could not see the business, and he di�'nt think the granting ' of the variance request would be detrimental to the neighborhood. Mrs. Schnabel said she would like to see this fence cover the er�tire North boundary and then turn down the East and West property lines to the South and the petitioner indicated that he 4�rould be willing to go 50 feet. Mrs. � Gabel said it should not be a cyclone fence because you could see through that, and it should be non-climbable also, because they would make it go into disrepair tha� much faster. Mrs. Schnabel said she thought these things � should be spelled out in the recommendation and that it should be a solid fence, so that headlights could not perietrate it. Mr. Barna said he thought this was a good trade-off. Without the variance, there would be no need for a fence, and with the variance, there will be a fence�;� which will be a help to the residential area. MOTION by Plernel, seconded by Barna, tha.t the Appeals Commission recommend to Council, through the Planning Commission, approval of the request for a variance to allow off-street parkin to the 0 foot property line with the stipulation that a solid 6' fence be installed along the North praperty line and extended down the East and 4�Jest property line to the South a minimum of 45 feet. Upon a voice vote, Plemel, Barna, Kemper and Schnabel voting aye, Gabei nay, the motion carried. 5. RECOMP�IENDATION ON BEER AND/OR BAR OR LIQUOR LICEPJSE Mrs. Gabel said she was quite concerned that a beer or bar.l:cen�e be approved by Council close to a residential development with no notification to the people in the area. She would like to have the Planning Commission discuss this problem. MOTION by Gabel, seconded by Barna, that the Appeals Commission request the Planning Commission to review t�ie policy of issuing beer, bar, wine or liquor licenses for an establishment that was within 200 feet of a residental area without notifying property owners of such a request. Upon a voice vote, all voting aye, the motion carried unanimously. 6. ATTENDANCE AT COMMISSION MEETINGS Mrs. Schnabel said that Councilwoman Kukowski had attended a Planning Commission meeting and explained the City Council's concern with attendance at Commission meetings. She said that everyone should make every effort to a�tend these meetings, even if it did involve a personal sacrifice sometimes. 7. ELECTION OF OFFICERS IN MAY Mrs. Schnabel said she wanted the Commission to be aware that this would be on the May agenda, and they should be thinking about this before that meeting. ' q XX Appeals Cor�nission Meeting April 12, 1977 Page 13 8. BUDGET Chairwoman Schnabel said that the she had received a copy of the Appeals Cor�nission budget and would like to let the other members of the Commission see it also. This the Commission did and were surprised there ��as a budget. Mrs. Schnabel said most of the budget went for salaries of the staff who worked for this Commission. ADJOURNP�1ENT: MOTION by Barna, seconded by Plemel, that the Appeals Meeting of April 12, 1977 be adjourned, Upon a voice vote, all voting aye, the meeting was adjourned at 10:35 P.M. Respectfully submitted, � �,t� �. C'��' -1�cC n.�o7-✓ Doroti��y Ever�F.'��, Acting Secreta'ry � � ,. - • • � �-._ _._ � 5�--- --_�__ � �! , ; °>� � ! 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J. �_ .. .. _ _ _ i i � _ _V f-.__ �._ s i � ... . J � �_ ____ ._ _ . �=_ ___� ____ __ . �. ..___-_. _._ � �____. _. _. ` � 4 f . � � ` ; � � t � , , :_ __l.. ---�._ Iy_� � � -----a 1 �_�_ i � ► - � , .. f . � -- j �-- : ,..,...+T...•�.+: �.:.oia �..sa:a.. ti9..�:u .,...: � 10 CATV CO;d74iSSION MEET?NG CT,LL TO GI2D?;R: CI'Z'X OI' FRIDI.EY t•TARCH 30, 1977 Chairperson Scoti: called the meeting to order at 7:30 p.m• 7:30 p.m. Ror,r� cr�LL : ____�. Members Present: Scott, Brennan, Hughes, Kaspszak, Dunn, Blanding P�lem:�ers T�bsent : None . Others Present: William J. Nee, Mayor Nasim Qu.reshi , City I�ianaqer C��-'toll Kukowski, City Coun.ci]_ Dennis �Schnei<ier, City Coiiuci]_ ld Hamernik, �7-ty Council Douglas 13edin, Attorney CZyde Noravei�z, Staff Representative John ��,alr^°yer, State Cable Cor:imission Anne Davis, State Cable Commission Ed Carpenter, Attorney, General Television Chuck Hungerford, Dlanager, General Television INTFODUCTIOt� OF NEi9 COD��IISSION ��?T_�iBER: Chairperson Scott introduced Carolynn Blanding, new Commission memY�er, to take office April l. 1. PRESEI�TATION BY riR. JOHN �^?ALYr';I;YER, STATE C73I3LE CO-�IMISSION Mr. Scott stated that *ir. S�'allcmeyer had been invited to br.ief Commission on activities of citizen advisor.y committees tliroii�llout ttie SLate, anci give bacicground on tli��. State Cable Commission and its funetions. Mr, t9alkmeyer stated that he wisY�ed to bring into focus what the Cable Communications Board (CCB) does, and talk about developments in area of cable TV progr�unming statewide. He introduced Anne Davis, who works with citizen advisory committees, particularly in outstate areas. He said there are J.02 cable systems operating in Minnesota, serving 140,000 subscribers, with Diinnesota ranking tenth nationally in number of cable systems and 24th in number of subscribers. The Twin Cities cable pir.ture is sntall, with only �hree operai.ing here, while outstate it is a big factor, with southern area having bigger cable systems, such as �+Tinona, Rochester, and Mank�to. Many outstate areas depend on cable for receiving basic television service. He gave following statis�ical rundown on cable TV: three-fifi:hs of systems in Minnesota have fewer i.han 1,000 subscribers, with larger systems ranging from 1400, to 1i3,0�0 subscribers in F.ochester, and tilree-fourths have some forin of local origination capability. There are 91 stations oui; of 9G doing non-automated local origination programming, and they account for 82 percent of subscribers in State. (Clyde has list of data from communities around 10A CATV Commissi.on Meetinq - Nar.ch 30, 1977 ' Paqe 2 the State indicating types af proc7rarnming bcing done, and he will make copies availaUl.e to you.) Pay cable is }�ccoming increasingly a.mportant, with 7 sys- tems doing day programming, serv5.ng about 9,000 subscribers. FCC has recently made it j�ossible to use satell.ite earth stations with smaller dishes, cutting costs in about half so a lot of smaller systems are beginning to looY. at pay cable anc3 rapid grov�th is er.pected in next couple of years. The Cable Canununications Board functions in two basic ar.eas, he said, i.e. regulatory and promotional, doing in a sense somet,�hat the same job as I'edEral Communications �%ommission, in tiiat CCl3 sets minimum stanclards for franchises and certifies those in cor�pliar,ce. Outstate the significance of minimurn standards becomes morc apparent than in T�•�in Cities area, where franchi.;es ��:hich currently exist al.l excced minimum state standards. Mr. �-]al.a;meyer said he uelieves tlze CCB wz.11 become increasingly involved because for past year FCC has had rule-ma}cing procedure going concerning the definition of cable systems and they have just issued their order, not yet published, liftina most of their rules for systems which have 500 or fewer subscribers, including requirement to be certiried by FCC. In Minnesota 37 systems have fewer than 500 subscribers, and FCC is looking at the possibility of extending this e��cznption to systems up to 1,000 sub- scribers. Other main area of functian, he stated, is development, which can be broken out into three basic areas: 1) infornation and sys�ems; 2) takina initiative and trying to make things happen; 3) planning and research. The Board has adopted a statewide plan at the request of the Legislature, which c,�ill be released on Friday. The House Comtnunications sub-com�-nittee has begun to totally rewrite the Cemmunicai=ions Act of. 1934, which is the basic instxument of conununications policy in the United States, and there are in- dications, he stated, that Minr�esota CCB cail� be having input. (Clyde was given about 15 copies of information bulletins describing what the Board does.) rir. Walkmeyer briefly explained calzat is happening re programming develop- ments in the State. Within .Setro area, Blcomington seems to be furthest along, having formed a non-profit access corporation aild hired a full-time coordinator, Jane Trzr��le, �•rhom yau may wish to 1.nvi_te to one of your meet-. iiigs to discuss dev�J.opments there. �thers doing significant amount of progranuning are Marshall, Hibbing, Bemidji, [�lillmar, Rochester in public affairs type progi-amming, and Paynesville, �vith 250 subscribers, has about 99 percei�� saturation. In Northwest Diinnesota a non-profit corporation called Nor�hwest r?innesota Telecommunicat.ions, formed as a joint venture of Headwaters and north�,�est communities, address their needs in areas of la�a enforcement, education, health care, etc. They have an application in now to Energy Research and Development Administration to fund a backbone micro�,�ave system that would be used for ititeractive communicatior.s between cities -- if they get it, it will be one of a kind in country. Also, CCB is involved �aith non-profit organization headquartered in San Diego looking into use of cammunication satellites for puUlic services -- they are a designated experimenter by NASA for use of conununications technology satellite, an experimental satellite whicl� is a joint venture bet�oeen the United States and Canada. They ha��e contacted l�Iinnesota CCi3 to ask about possibility of a clemonstration projec� here in October by N.W. Minnesota Teleconununications, probably to be 2- 3 day demonstration designed mainly to stimul��te aware- ness of potential of cable inter-connected by other technologies, such as CA�'V Comrn:ission ldeetinq - March 30, 1977 Page 3 micro�•lave and cable satelliL-es. it would involve deliveryo uf continuing medical. ec'iucaLzon from J4ayo Clinic L-o Northwest and Northeast Minnesota. The Departm�,nt of Trans�ortation nist-rict Iiighr�ay office gives road inform- ation from I�istrict office by telephoi�e line into cable system, interphasing teletype wi.th character generator, and i:here is a higlz demand for this type of inforrnation dvrinq winter month�;,he said. There is a statewide teletype network ove.r the state and all that necds to be done is to interphase cable systeM. l, r.urnber o£ cable systems ha.ve emer�nr,cy alert systems w3i9.ch enable caL-le or ].ocal defense o£fice to override s:ignals being r.eceived by local subscribc�.rs and is used mest frequently for tornado �-�arnizzgs. Civil Defense is willing to go 50-SO on cosL- so we have been encouraging operators around State i�o ii7sta11 i:his kind of system. He stated that at an earlier mceting there had been interest expressed in having meetinq somei�ime of people around SL-a.te who are interested in Cable TV. CCB is involved ir. this type of activity so suggested we stay in touch • on that. CCB is no�: involved, but a couple years ago l�ational Science Foundation let seven granLs for experimental tu�o-way interactive cable for soci.al services and one of reci�ients was Derartment of Teleco:rsnunications of I•iichigan State University out of Fockford, Illinois. The thing they are doing that's dra�-�-n a great deal of attention is project �'or training fire- fighters ai�d on May 23 there is going to be � national convention of metropolitan iire chiefs in the 'l�vi_n Cities and principal investigator for this project, Dr. Tom �ald�ein of Michigan St�te, will be here to do a present- ation -- anyone interested in inter-active cable may wi�h to atter_d. Clyde has 7.ist of comriittees state�vi.de, ana there are about 28 total Citizens Advisory committees. Contact Anne Davis if you wish more information. Several questions were asked about Bloomir:gton system. Mr they hired a coordinator about t:��o months ago -�- they had Fridley -- that of not havii�g high penetration. Citizens ity decided they wanted to make something hat�r=en and they fee to support such activity; are also selling memberships Some question was raised re subscriber rc-��enue being used access. r1r. F4a11:meyer stated that FCC coiicern is thaL if five percent, only t�,�o percent� has to be ;usti�ied, that i used for rec�ulatory purposes. D9r. Scott thanked riir. Walkmeyer for his presentation. 2. DISCUSSION OF CABLE TV ACCESS ItULES IN FRIDL�Y . Gr'alkmeyer said same problem as of that commLn- are using franchise in organization. ta support public a community collects s, sho�v it is being 10 3 • Mr. Scott stated tiiat the items listed in tlie agcuda, items 4, S, 8, 9, 10 , and 11 are items that have been undcr discussion for the last year and a half, and not much headway has been made. The commission is lookin� for direction from tlie Company and the Council on what they see as a solution in this arca. The � amendments proposed Uy Attorney I�edin mect with the FCC regulations in regard to access. 1 Mr. Hedin sr.ated the original controversey was whether the access channels should be extended to pay only subscriUers. , � CA1'V Catmni,slon Meet-inr� M�r.cii 30� ]977 P��ge 4 Mr. ScotL st�tc�d there is the defin�.t.ion of what capability meant. The Company 1 feels r3nybocly hris caPabil :i ty by subscri.bing and Lhe City feeJ s that the original or.dinan�•e }7r<�vsdc�d a set nuinher of �;ervices, and i�e dicln't think anyone was prej;ar.ed to �;rrint an ordinance that would provide for a p3y only service. � � ' Mr. I(edin cauti_oned thaL- in discussions about 405.253, you have L-o rememher tllis r.uling exists on papc:r, but it i.s not enfor.ceaU.le because of pr.ior Counci.l action, and the ruling does not� exist for purposes of legal analysis. Mayor Nee disa�;recd and stated the ordinance wasn't amended. The r.C.C. wanted somethin�; i_n their. file, and the City sent them a letter a�;reeing to not enforce the ordinance in re�ard to the 20% access clause. Mr. Hedin stated that if a resoluti�n is passed rescinding ttie former resolution , and erri�or.cinl; 405.253, then we �re thrown back on No. l, aslci.ng the company to dedicate 20 percent of its channels. l0 C � • Ma.yor Ivee stated that if it zoas ever in the City's interest to enforce this, it could, because this was a binding document for 15 years. Mr. Hedin responded that essentially you have agreed izot to enforce it. There � are no rules applying to the Fridley system -- if you r�4�'ind.that old resoiution and agree to enforce 205.253, then you have an ordinance which exceeds I'.C.C. regulations and that is invalid. i �J � ' � ' Mayor Nee said that any time there is a mat�r.ial change in any franchise ordinance, it Uecomes subject to r.evocation, and the City is prepared to raise that i�sue. The City ought to have the right to this level of access. Mr. Hedin stated that there is a solution, but it may take a very long time. That is, we talked about 405.253, "Each subscriber's home sha7_1 have the capability of receiving these public services.o.." (referrin�, to 40�, 253 No. 1). Change 405.Z53 No. 1 to include present F.C.C. rules, then we are back with the old argument, that each subscriber's home (and this means a pay cable subscriber also) shall have capability of receiving the access servi.ces described in 4�5.053 No. l. (tlie F.C.C. llas stated clearly that I'ridley can adopt r.C.C, rules even though there are less than 350U subscr.ibers, but our rules cannot exceed thei_rs). Right now, �.�e can't ev�n resume the old argument because the F.C.C. has changed its rules. ris. I�ughes stated tt�at one of the tllings the City felt important was that there woi�ld be programs of local origin and her concern �aas that tliere was an opportunity to punch anottier hole in filter to allow access r_hannels at time of pay only installation and the Company had an obligation to the people of Fridley to do that. � �iayor Nee asked if there ��as some way that tl�e}* could work out a solution to paying costs far filter conversion and Mr. Carpentier replied that he had no way of kno�ving wtiat costs would be. � �I, ' � ' rir. Hungerford stated that there are 500 pay only subscribers; 870_have both services; 140 suUscribers to cable only. Mr. Brennen asked if the �ahole thin� couldn't be in one package, one price and pro-rated appl-opriateiy. CA7'V Commission tteer.iyn�;� M:�rch 30L 1.�77 �� S Mr. Ilc;di.n cited a r.ecent court deci.��ion �ahir.lt sCated thaC P.�y cable had been uncicr. al:tacl: recent:ly �3iid the F.C.C. has er.ceedecl itis jurisdicCion an 1_n tllis i_n�;t_rince a�;ood p.irt of tl�e decision �a�s based on vi.olati.on of first ame��cln�ent. lle stlted L'1�1t vld pay rc�:�tr.�eti.ons, inc:J_ucli.ng municipal rate ref;ulations mzy even bc� an open yucstion from now on. Tn six months we cou].d be t_allcing abouC a whol.e new cliaptcr i.n pay cab]_e. Mr. IIedin contintied, he woul.d stronf;ly recommend tt�e Ci.ty Coti��cil adopt access ru]_es t.liat would be word for. word with those ot the ]?.C.C. Mr. Carpcntcr saJd i� is � mati-er of having somet}iin� ava:i.].able for. whomever wants to use it, which the Company is doing now, 1'he problem is, he sai.d, why should money be expended to change the.se converter.s when ther.e is nottiing on access anyway' Mr. Y.aspszak responded that we are like management -- today we do not have an acc�ss progr.am, but that is not the function of the Conuni.ssion. Y7e ar.e a regulatory group but wliat we have discover_ed in talking to school gr.oups, and others is that they do not understand how cable can help them in whatever they mi.ght try to do. Mayor Nee ask�d for possible agreement with the Company that future filters be replaced with ne�o filters and make some provision Lhat certain numbers of access channels be included in pack. Iie said he could noY see giving up potential chanr.els for school systems. Mr. Hedin replied that if: the;� came together and �aere served by GTV under our ordinance and did not negoCiate th�i_r own, i.i would be colzsidered a conglomerate and new access rules would not apply. IO D Mr. liedin continued that unless the Company goes along with the proposal that can�e up at thi.s meeting, or gradual]_y changin�ver, then tl�e practi�al matter is that the City does not have any recourse through the F.C.C., without amending the access rules to meet with tlie F.C.C� rules. Mayor Nee asl.ed if it could be tiTorked out between the Company and the City without going to the F.C.C.? rir. Hedin sai.d he thought so, but suppose there is a tremenduus surge in interest in access, t1t present, you have no local ordinance governing use of access channels. Mr. Carpenter stated there might be problem if the company decided to stop access services, and the City tried to force it. Ctiairpersoit Scott asiced what the Company found to be the most feasible solution to the problem, short of doing nothing? Tir. CarpenLer replied that it would be a question of cost. The question �eas raised as to how Council telt on the adoption ot F.C.C. rules? �arroll Kukowski stated she would go along with the Mayor's views. Ed liamernik stated he would go along t.�ith Council for not giving up 20 percent. Tir. Hauiernik asked if tlie Commission felt they were not given adeqtiate notice by the Com�any on some of their decisions? Mr. Scott agreed titat had been a proUlem, but u�ifortunately there was no wsy of collecting damage's. Tts. llughes sCated sl�e fe1C that the Company had failed to live up to any of ttieir or�;i.nal conunitm�^nt�, and that the f inancial aitdit was a very good example. � CA7'V C<�mm9 �csi.on rT�:�ri„�; - r�ar.ch 30, 1 c)77 ! �6 It t�:as sii�f;e4;tec1 t:hat a sti��ulaLi.on could be Put: iilto the re�;tilations tl�at pri.or to any .�I�n�.fi.cant cllailf;es in prof;rar�mi.tlf;, iL sl�ould be discussed witti tl�e Comrni.ssion. Mr. Carpent.er. fclt that: the Ci.ty was tryin� to inalce a choice for the pcople — that tlie peopl.e CAIl get access if they want it, all. they llave to do is pay for it. Mr. }leda.n stated that you cannot char�;c for access. You can charge for re�ular service, but accc�ss is free. nnoth�r poi.iit Y�e e;r}�tiasized was that the City was not arguin� whetLer access was £ood or not, all thcy ar.e tryiiig to do was enforce tltea_r ordinance. IIe said it ��as a legal question and the ordinance clearly said that access Gient witll a7_1 parts of. the ;;Ls,tc m, p�;y ax�d otherwise. But rig,ht now there was not an access rule to enfor.ce and that was cohy there should be a local rule on access. IIe stated he did not think Coul;��_ission rul_es would have the same force as a Ci_ty ordinance passed by the Council� lie also felt that when violatioi�S of condi_tions of. franchise are �ade, there should be a$50 a day penalty or somei:hing of that nature. Ms. Hughes stated that it seems the question boi_ls down to if we take a chance and st-ay with our 20 percent and hope the F.C.C. rules resolve it, and if so, do we at this time ask that letter be rescinded. *iayor Nee wondered why we should do it if: an agreement can be worked out ��ith the Company. If not, then it could Ue resc�nded later. , Mr. Carpenter repeated again that they will have to 7_ook into costs and stated he didn't belive tnat access can be requi_red oii pa}T cabl_e. Mr. Scott stated he felt tlie C��mmission was ou very firm ground in demanding access, � and tllat the ori�inal intent of the ord.i.i�ance was very snecific in the type of services e�pec_t-ecL�nd that was in fact the reason the ordinance was written anr. granted. Trust ��as broken by the Company when they introduced pay—only service. 1 He stated that they knew what the problem was, and the type of sclution the City wants them to come up with. Mr. Scott aslced rir. Hamernik about his views on the chan�es proposed, stating that it appeared Ms . Kukowski and �ir . Schneider share the vic�>.ws of tYie Mayor . Mr . Hamer.nik said he had no objection to the changes pro�osed, but also felt he could go alond with other Council members if they wised to stick �ti�ith 20 percent. Tlien perhaps, he said, we should give consideration to some wordage proposed at this meeting. rir. Hedin presented another idea: new r.C.C. rules on access state as follows: "Conglomerates, eL-c... or any system having fewer than 3500 subscribers which is not part of such a con glomerate system to provide access services..." shall comply with Frovision of 76.256 I3 and D. You cotild leave 20 percent in and have another sect�on of the ordinance; the 20 percent would only come into effect once subscribership reached 3500. You then would have an interim rule which �:ould give the Piayor what he wants and it could bring in t}�ese other rules which would provide the City with a local ordinance right now for access. There was a dicussion c�f GQS.254 (operating rules A. F. C& D) and 405.253 which discusses dedicated channels. Tir. ScoLt staLed tiie requirements for an audited report comes under 405.06. Mayor Nee asked rir. Hedin to prepare z dr.aft amendment that would earmark monies CA'i'V Comm:i`;;si.on Mcetiin — Mnrc•,1� 3(� 1977 Pa�e 7 (5 per.cenL of �;ross) for thc Cable Cammi_ss.Lon. ADJ OU R t1��i 1?N'I' : Chairperson Scot.t adjour.ned the meetin�; at 10:45 P.M. RespecL-fully submitted, Verna Gore Recorclin� Secr.etary 0 10 F J � I,' ' � 11 THE P.RINUT�S OI' TH� I'RIDLEY POLICE CIVIL S�RVICE COMMISSION M��TITvG OF APRIL 19, 1977 Present: Commissioners Helen Treuenfels, Tim �3reider and Jean Schel.l, also present was James Hill, Public Safety Director, and approximately six citizens. The meeting was called to order at 7:09 P.T-7. ' A motion was made by Jean Schell to ado�t the minutes of the Apri1 6, 1977 meeting, seconded by Tim 13reider, and the motion was unanlmously approved. The first item o� business involved a lengthy discussion of the current Eligibility Roster and its statuso A motion was made by Helen Treuenfels to oi'ficially certify the top three individuals on the current Eligibility Roster to the Ci.ty for purposes of filling the first existirig positioi�. Af±er Lhat position is filled the Commission ��ill certi�;� th.ree mare names for the next available position, and that specifically candidates EmbrS�, Marsliall and Schaub would be the three individuals certifi.ed for the first vacancy, SP.COiiCiC�Gt �y J@2,I1 �Ci1Gii. r'� G'.iSCI.iSSi011 fG3.ZOGi2u ��'i2 IilvtlOri a,S t0 the issue of certi�yi.ng three individuals prior to establishing standa�°ds. The r;,otion carricd as m�.�.c �n a. two to on� vote �vi�h Tiria Bre�dei op�7osed. The neYt item o.f business related to the n�w compe�titive examination ar_d sequence of testing. It was mo��ed k�y <Jean Schell and secondec� by Tim Breid�r tha.t the succession of testing shall be in the order of preliminary application; ��ritten e�amina.tian with a specific position cut-off; medical examination te all candidates above the cut-off point af the written examination; physical strength and agility examination; backgraund investivatian; psycholocical evaluatior.; and c�ral exarnination. The motion carried unanimously. A motion was made by Tim Breider, seconded by Jean Scnell that the written examination shall have a positicn cut-off at 35 candidates and that the top 35 ca.ndidates will coniinue an to take the medical �xamination. The motion carr.ied unanimously. A motion ��as made Uy Tim Breider, seconded by Jean Schell to have the International Association of Chiefs of Police grade the written examination. The motion carried unanimously. A discussion then took place regarding the medical standards. A motion �vas made by Tim Breider and seconded by Jean Schell that the examining physician must indicate �vhether he/she has anv reser�ations about the candidates abilitv to �hvsicallv perform the duties of a peace office�. In addition, with respect to obesity, the exan�ining physician shall indicate whether the percentage of body fat of applicants is within the average acceptable range of 15 to 18 percent for young males and 26 to 29�o for young females, as determined by niedical measurement devices. Percentages o� body fat beyond tliose limits shall be considered �rounds for re.lectiori. lla Civil Service Commission h4inutes April. 19, 1977 Page 2 With respect to vision, the examining physician shall ascertain whether or not the �.pplicant mee�;s the Commission's established standards of evesiglzt of not less than 20/100 uncorrected in the weaker eye and 20/40 in the stron�er eye with weakness corrected to 20/20. In addi.tion, the successful appl_icant shall also have natural or corrc3cted normal depth perception, normal perzpheral vision, normal night vision and color discrimination. The motion carried unanimously. �Yith respect to the examinationaf ph�Tsical streng�th and a�ility, a lengthy discussion ensue� over the various desirable standards as related to the suggested guidelines of the P,linnesota Peace Officer Training Board. A motion �vas made 1�y Jean Schell and seconded by Tim Breider with respect to the running and jumping examination that the police department be requested to test all of its existing duty fit officers bet��een the ages of 21 to 35 for purposes oi determining a valid cut-off for candidates. The cut-off shall be at a point where the slowest 25% of existing officers are deleted from the established scores. In other words, with 12 existing of�icers between the ages of 21 and 35, the cut-off point would be at the ninth offi_cer's score. Tl�e running and .iumping course shall be as previously established by the Police Department and shal.l be a pass/�ail situation. The motion carried unanimously. A motion was made by Ti.m Breider and seconded by Jean Schell tha� the body drag shall be with the utilization of a person or dummy approximating 185 pounds tor the dis�ance of 75 ieet in continuous motion �=�ith a maximum of 20 secozzds and a pass/fail sittzation. The motian carried unanimously.. . A motion was then made by Tim Breider ar�d seconded by Jean Schell that the vehicle push shall consist of a stan.dard size vehicle such as a squad car, in «�h�_ch the applicant must push the vehicle a dzstance of 50 feet in continuou� motion on a pass/fail situation. The motion carried unanimously. A motion was made by Jea.n Schell and seconded by Tim Sreid�r with respect to the stretcher carry,that the candidate be required to li�t one end o� a stretcher carryinb an individual or dummy appro�imating 185 pounds in a continuous safe motion up a flight of stairs. It was suggested that the stair��ay at Locke Park down to the creek area would be ideal for this type test. The motion carried unanimously. A motion was made by Jean Schell and seconded by Tim Breider that , the grip test shall have a cut-off score as determined through the same standards as specified in the running and jumping test. The motion carried unanimously. , ' , A motion �vas made by Jean Schell and second�d by Tim Breider that the fence climb test shall be as previously estaUlished by the Police Department and should be in conjunction �vith the running and jumping e�ar.�ination. The motion car.ried unanimously. (cont.) 11 B Civi1 Service Commission Minutes April 19, 1977 Page 3 A motion was made by Jean Schell and seconded by Tim Breider that all existing police officers used for the validation testing as well as all candidates taking the actual examination shall wear the same equi��men.�, that is gun belt, weapon, etc. that would normally be worn during a tour of c�uty as pr�viously used and recommei�ded by the Police Department. �'he motion carried unanimously. ' A discussion then evo]ved around the extensive back�round investigation suggested b;� tl�e PTinnesota Peace O�fic�rs Training Board. L� motion was made bv Jean Schel]_ and seconded bv Tim Breider that the Police , Department conduct a back�round i.ntc�rview to such extent as the Department deems n�cessary and not necessarily to the extent recommended by �he Feace Officers Training Board. ^1he motion carried unanimously. The next item of business involved the psychological standards. On a motion by Jean Schell, seconded 1� Tim Breider, the fo�lowing standards were establisned. That the candidates must reflect maturity qualities; theY must have the abilitY to work independentl.y without const?nt supervision; they must show tendencies toward accepting authority; the,y must have the ability to work with otners; they must not show any significant Uig.1s of o�ler agressiveness, hostility, cruelt��, immaturity, dishonest.y, or personality disorders; the.y must have the ability to make independent decisio:�s without dif�iculty; and they must not have any character traits which would preclude them from becoming a successful peace officer. In addition, the psychologist must definitively expxess his opinion regarding ea.ch candidate upon these standards. The motion carried unanimously. With respect to the oral interview examination, the Board shall consist of Commissioner HeZen Treue�fels plus two additional Police Administrators selected by Director Hi.11. It was suggested that Chief Calvin Hawkinson of Plymouth be contacted as to availability as one of the Police Administrators. A motion to this effect ��as made by Tim Breider and seconded by Jean Sche7_l. The test dates were i;hen discussed and it was determined that all of the specific dates could not Ue determined at this time. On a motion by Tim Breider, seconded bv Jean Schell it was suggested that June 4th be the date of the written examination with the location a.nd tizne to be determined by the Police Administration. The motion carried unanimously. A motion was made by Tim Breider and � the date of I±Zay 17, 19i7 a� 7:00 P.D4. to review all submitted applications the minimum standards to go on to �he � � seconded by Jean Schell that be� the time for the Commission to determine whether they met written examination. Civil Service Commission RZinutes April 19, 1977 Page 4 The meetin� was adjourned at 11.:15 P.M. Respectfull,y submitted, /.`" • . �-��-�, ,��.�c.��-��:� Tim IIreider S�cretary Fridley Police Civil Service Commission TB/jph/pr � ' �� 11 C � T0: FROM: CITY OF FRIDLEY M E M 0 R A N D U I�I NASIM M. QURESHI , CITY ��iANAGER, AND CITY COU�JCIL MARVIi� C. 6RUNSELL, ASST, CITY i�1GR./FIN. DIR. SUBJECT: FINANCIAL REPORT FOR THE YEAR ENDED DECEP��ER 31, 1976 DATE: APRIL 28, 1977 The enclosed report has been p repared by Finance Department personnel and has been reviewed by the George M. Hansen Company, Certified Public Accountants. George P�. Hansen Campany has auoited the books and records of the Ci ty �or the year ended December 31 , 1976. Comments and changes in the report suggested by the auditing firm are reflected i n the report. In our opinion, the report properly reflects the financial condition of the C�ty as of December 31, 1976. The report properly ref1ects the financi al condi ti on of the Ci ty as of December 31 , 1976 i n the opinior. of the George M. Hansen Company. I�voul d be happy to go over the report i n whatever detai 1 the Counci 1 wishes at this time, or at any other time the Council may desire. Geo rge M. Hansen Company has also offered to meet with the Council should the Council wish to discuss or review with them any part or all of the repo rt. MC6:sh ' . RESOLUTION N0. - 1977 A RESOLUTION GJI7HDRAt�IING THE BALAPdCE OF THE SPECIAL ASSESS��1ENT ON LOTS 6-1Q, 6LOCK 27, NYDE PARK, Uf�DER TNE TREATP�ENT ANU REf�iOVAL OF TREES (1975) ASSESSP�IENT RGLL WHICH l•JAS APPROVED BY RESOLUTION NOo 1�6-1975 WHEREAS, certain special assessr�ents for Treatment and Removal of Trees (1975) ��ave been adopted by Council reso�ut�on arith respect to Lots 6-10, Block 27, Hyde Park and, LJHEREAS, the c�wner of this property has notv presented evidence that indicates he should not be charged for these special assessrnents, �JOLJ, THEREFORE BE IT RESOLVED, by the Council of the City of Fridley, that the balance of special assessment in the amount of �135.00 for tree rernoval on Lots 6-10, Block 27, Hyde Park are hereby abated. PASSED AND ADGPTED BY THE CITY COUNCIL OF iF{� CTTY OF FRIDLEY i'HIS DAY OF 19770 . P1AYOR - I�dILLIAM J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell 13 � 1 .� �, f t � 13 A � .. . . ._ - _ _ �r �� _ - ,� r _ ' .t.- ;��. 4 �'`^,-,. � . , ,� � i� ` , �k--, ` � �. . � . '% � � '� � � f (� � ° �I .•, ' � .. • (~ r � ' ../ � � ; _�,�,_.� �-(^j ., � ` D C .._. � Z`. ! O`�..% � i7 O /t p�;,I. r�`-' �.�c., ? ( � � r /� , Q��L� '� ; � : � r> j� r> ( y ;' p � f �_� — j� ' 3t��v � \", °"� � � / � ) l ��-----•,. i t� N .. -1 � Y i . x' ' \ � �1 L 0 �. / � � ^ .� . � �_�� ti. �\ . -i � ( s � ��J ")� �� E;oD j'��, %�� ' v� C�- i� j� ., �mn-t I� p r� �� ,,..� ' / � �� i. � �, J /, N > r�, -_, 7 . 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IIUII1�INC: MAI'f:111AL • tlt51r1.ATINC • Sl:PTil' TANM/ � � .- 1 7.�� ; ;- �, ��o � I �; o ;� ; �� o ., � 3 .�,� � � 7 � � t 'z 'i `�� '� v 4 � � e m I �l�'Z � � � 4 w �. • > ; y :1�, I o _ '7 '' ��?i t � � a � y(p • � � N ? � �i l 1 N �N^N Y =1 � . 0 � 3 � -1 � 'J, < � �.. �=°D S , -�� „ '(fj [�m��' - .c:l r...t.� W I�,� a>x� �, � t i. ➢ �i` t , L' ;3 i7'r. " •� ':I�, � ' • q ;�-� �I: � '.• . �� •' � � Y,�, :,i ��" �.� . ;, ` ' ; � . i,13 � � �1 7� �� `'� � I . y� �. . � . ►: o a Ne � �� `� p\ � o• ti � � o � �� o : � �I" W � � A W � � 1 1 �� _ i � � �/ . /� V�'� , � � f�-�� . � C'-% i1:121` ` ! � t� � � /,�/� . 1 ., , , ,, j � �, J '� � � i � � �', ' ��, . '. 13 � � . , . �, .. �\�` � f I A.�y ~ ,�' r - •/ / v/��/ �l ! � j�•� . �-. � �� ,� l � .�—.� . � ' .. ` ...� , ; .�!�,7..�. �. - �.L�-�� ;� ,/��-�-z.�� ,�,� �� ,� � � � �� J � � � � ` � ��n � �; � � ' ' 1 � � � � ' , � � � �• . \ � � . �!7 /✓ Vi l� ✓'✓ �,� (/ � 1 � � -�'�� ,5 Ju� �,i ��_c' -�i�/� ��' ��--� � 0 � � / ' ,1 ,�� /�,.� . l � � � �� L / . � j��,�` ; ��y'/' %) ,/ / • ^- f / v // � l�(/�-_ ! �% � /y I/ / � � w � ��~�� :n .�'.v � .� r �,� � �-�'-� �,v ��.-� 1 ::� --/� ��-�� l��'' �?' " � ,� /� %'� ' = ' � ' . ' , i. � . ' 7 j� r ► �',�/ � i 3 � � � � � % cL� �� - i.� � �. o �i r' p� � �h and Nicollot �1�• �� f ;k Nlinneapolis . LQIiJCi i:i�:ERIAL e INSUI.A'?'ING o SF.P'I'1C 1't�:lK' . ' � . • r . I , , . � ' � I• � � � � i 13 C I . .� • • :.Y r . ' • .• :• , . • ' . • •� • . , -wK 1 or-t-zc� or- �i�c cl � r ��ni�ar�c��_sz cz�rY ur E-��z��i_�� ' ��►Ef �0lZ111��1�Uf'�1 F(ZO(�1 TI�C C I�1�`( f��1.�i�;��G�R T0; �/�TE : �( � ' . NATURALIST RESOURCE COUE:DIP�t�TOR DECEI�iQER 15, 1976 � � 13 D 1�1CI�i0 F�U. Dfi-lII�_�,�_� " (tesponcf l�y: 12/27/7G Coni:. to: MR. JOF ZIZAK, 5791 22 STftEET, TEL.EPfiOi�E t�Ui-iuLP, 571-1672 As you kno��, t�9r. Z�izak i��as called scveral times to see what the City is doing regarciing the assessn�ent {�assed aga.�inst his property for rei�o��ing some diseased trees in 197�. As you have stated, you advise:: this gentleman three times before the assessment hearing iiiat i�� ^° ha� any questions about the assessment, he should come b�=�re t;he City Council at the assessmeilt hearing. The ge��1e::�an contends that he remaved the tree h�imsel� ins�ead caf th? ��irac�tor, �rhereas, the cantractor gave �:he City a stater�� indicatino that he remavcd thc t.ree. The Gi�y's �robler� �� has b�� hat it ?s the cont�Aacto►�s v�ord aqainst� the homecv�ner. I knoi� :�+� have contacied r�ir. Zi zak sevei°al �times at hi s hcme, � as it :� �ifficult to reaci� him b�� telephone, and explaineci the situati��, but it seems that the only passibility open now ��aould be if �._ could bring somE iacts ta tf�e City Cauncil proving he � cut do;,�; tiie tree. and reques� that a�y of the unpa ; d assessment be aba±��+. ' Th�is as��ssm�nt 7,011 was certified to the Council in October, 1975, and pu� on the taxes in 1976. Th� 1976 asses��nent has been paid along ti��4h the 1976 taxes. ' Marvin �runsell advises that if the Council abates ihe charge, the County ��,ould rei�ove the paymenis due �n 197� ai�d beyond. It is past tr,e deadline for rer,oving charges from t.he 1977 taxes, there- , fore, tne County may not yo along �dith removing the pay�T��nt due in 1977. ' ' Please contact i�9r. Zizak again and advise him to bring any documentation he may have to prove that he did the ti��ork. I am passing this information on to the City Council for their information also. . . ' NP1Q/ms CC: Cit,y Council P9arvin Grimsell ' �izi��i^.rti� 6, t i7'j ;.r. 7.i�� .k ti�;��.s cc�;i�..,r.ted and x•c�ue:;tcd to t�ri:l� . � �• , . �,,r � the dcscr:ib;�d doct:^::�tltztion to th�� C�.t,y Coi.T1C:L� �;r�'-n hc ti��i�l:ec�. � �.;� ��---- . . .Y,� RESOLUTION N0. A RESOLUTION AUTIIORIZING THE EXECUTION OF A RIDER TO AN AGREE- MENT BETWEEN THE CITY OF FRIDLEY AND TNE BOARQ OF WATER COf�MISSIONERS OF fHE CITY QF ST. PAUL BE IT RESOLVED, that the Mayor and the Manager of the City of Fridley be authorized and directed to execute the third rider to an agreement in behalf of the City of Fridley with the Board of Water Commissioners of the City of St. Paul allowing cons- truction over and across the easement of the said Qoard of Water Commissioners of the City of St. Paul as set forth in the pro- posed three (3) pa.ge agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ATTEST: MAYOR - :-JILLI,4M J. NEE CITY CLERK - MARVIN C. BRUNSELL l4 � '-.__._-.. ' DEPl�1?'I'P4ENT OP' l?ti�1f�NCE Pu MANAGT?ME'NT STTZVICES , THIRD RIDER TO AGREII�IENT 14 A � THIS AGRELTIENT9 Made this day of � 1977� by and between the BOARD OF WATER C0�IMISSIONERS of the City of Saint Pauly Minnesota� � hereinafter called the Board, and the CITX OF FRIDLEY, County of Anoka� herein- after called the City, being a Third Rider to that certain Agreement made by and , between said Board and said City the 13th day o£ November 1963� and by this refer- � ence incorporated herein and made pa.rt and parcel hereof with the same intent� purpose and effect as if said Agreement were set forth herein� verbatim. ' WITNESSETH: WI-IEREAS� The Board now possesses title to certain real estate lying generally ' within Lots 48� 49 and 50 of Revised Auditor�s Subdivision No. 779 in Section 10� ' Township 30 North� Range 24 West9 in Anoka County� these lots being subject to certain roadway easement`> granted to the City of Fridley, said real estate being ` hereinafter called Premises; and� WHERF.AS� The City desires permission to enter upon certain portions of said � Premises to construct� maintain and operate a portion of the Cityts public road ' system� to be known as Osborne Way and 75th Way� within and across the BoardTs premises; and, , WHEREAS� The Board is willing to grant said permission to the City consistent .. with the requirements and safety of the works of the Board� ' � �.�. � 4 , �' , i �: �. _" i � I� NOW TIiLREFORE BE zT AGREED In consideration of the mutual promises and > > > agreements of the parties hereto� that: 1. Said Board hereby grants to the City the right to construct, operate and maintain a puUlic roadway system roadway known as Osborne Way and 75th Way within and across said Pxemises provided the City or its contractor constructs an 8-inch reinforced concrete slab over the southerly sixty- inch conduit� said plans and specifications to be app.raved by the Board and subject to Board inspection. Upon notiification by the City or its contractor� the Board will locate existing conduit in the field� twenty- four (24) hour advance notice required. 0 146 � 2. AIl excavation of earth cover over the southerly 60-inch steel conduit must be with rubber tired equipment operating to the side of the conduit. No heavy earth moving equipment will be permitted to operate over this cor�duit. 3. The said roadways to be installed in accordance with those plans and specifications known as S.A,P, 127-332-01 marked as "approved" by the Board� copies of which have been assigned St. Paul Water Utility Plan File N-6671 and filed in the records of said Utility; and said plans and specifications by this reference ar° incorporated herein the same as if set forth herein� verbatim. This Agreement is made and executed pursuant to and under the authority of resolution number adopted by the B�ard of Water Commissioners of the City o£ Saint Paul on the r day of s 1977� and of a resolution adopted by the City Council of the City of Fridley on the day of � 1977� copies of said resolutions being annexed hereto and by this reference made part hereof the same as if set forth herein verbatim. - 2 - Y IN WITNESS GJI�ERrOF� The parties hereto have executed these presents in triplicate the day and year first above written. BOARD OF �,IATER COMMISSIONERS OF TIiE CITY OF SAINT PAUL� MINNESOTA APPROVED : ---� �L- ' �''L' ��.., l_ �" � / � . J. . l..; mer A. Huset, General,Manager ~ Approved as to form: �t � �A�. " '°° _``�� . r .�.�..� , ,. A� ""�-tant City A�t rney � � + - 3 - By By Leonard W. Levine, President Thomas D. Mogren� Secretary COUNTERSIGNED: i�ernard J. Carlson, Dir.ector of Finance and Management Services CITY OF FRIDLEY� MINNESOTA By Mayor City Manager ❑ 14 C � � I � , � RESOLtT'TTON N0. A RESOLUTION AUTHORI2,ING THE EXCHANGI's OF PROPERTY WITH ANOKA COUNTY TO ACCOPIMODATE THE EXTEIISION OF llOVLR STR�ET NOKTii TO ELY STREFT WHER�AS, the City of Fridley and County af Anoka have discussed the exchange of portions of Tot 1 and Lot 2, Block K, Riverview Heights Addition as part of Street Improvement Project St. 1977-1; and WtIEREAS, the City presently is the owner in f_ee of Lot 1, Block K; and the County is tile owner in fee of Lot 2, Block K; and WHEREAS, t}ie City oL Fridley requests a po�°tion of Lot 2, Block K for street purposes and the County of Anoka requests a portion of Lot l, Block K in approximately equal size in exchanp,e for that portion of Lot 2, Block K, Riverview Heights f�dditicn. NOW TH�REFORE, BE IT R�SOLV�D, by the City Council of the City of Fridley to transfer, assign and give possession to th� following described property to Anoka County: All that par t of i,ot 1, Block K, Rivervie�v Heights Adciition described as follows: ' Beginning at the northwest corner of said Lpt l; thence easterly along the northerly line of sai3 Lot 1 a distance of 13 feet; thence southerly along a li.ne to its point of intersection wit.h the westerly line of said Lot 1, said point b�ing 45 feet southerly of the northwest corner of , said Lot l; thence northerly along the westerly line of Lot l, Block K, Riverview Heights Addition to the point of beginning. � � � � ' � AlI Iying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. In exchange the County of Anoka will transfer, assign and give exclusive possession of the follocaing described property: All tha.t part of Lot 2, Block K, Rivelview Heights Addition described as follows: Commencing at the southeast corner of Lot 2, Block K, Ri.verview Heights Addition; thence westerly along the south line of said Lot 2, a distance of 17 feet; thence northeasterly to a point on the east line of said Lot 2 located 65 feet uorth of the southeast corner of said Lot 2; thence southerly along the east line of said Lot 2 to the southeast corner of said Lot 2 being the point of beginning; there terminating. All lying in ttie South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, State of Plinnesota. 15 � Resoluti.on No. _z_ 1S A '1'ransfer of Properry in Riverview l:its. Addn. 1 R1; IT FUPTIILR RLSOLV ED, that the City Mayor_ and City Manager are hereby authorized to execute the appr.opriate d�eds transferring the titles of the I � above described properti�.s. � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977, � MAYOR - WILLIAM J. NTE IATTEST: � CIT1 CLERK - MAR.VIN C. BRUNSELL � � t � � � � 1 1 1 1 i it �� .va =r,c.� ..-... .ar.-m�ff�t,° .. �,.�..�m `i � � M �7 �� e. e� � i �:� _� � � � CNARLES R.LEFEBVRE County Auditor Ext. 134 tSharyl5haw , Executive Secretary Ext. 123 i __ Tom Durand � Supervisur of Motor Vehicle Licenses Ext. I20 �Jim Farrier Uirector oi Elections Fxt. 142 i ___ RudyJohrson Game and Fish � Licenses Ext. 130 �Jin�� Plemei Superv;sor of Raal Estate l ransfers EXc. t26 � --- Judy Vrdoljak �Supervisor ot 7axes etl(1 $peCl31 Assessnrents EXc. 12a I � �" � �� :� � �11, V � � � � � � � / • ■ \ � � I � Of f icc of the Cotcnty Auditor COURT NOUSE ANOKA, MINNESOTA 55303 612-421-4760 April 20, 1977 Tom Colbart, Ass't Ci.ty Engineer City of Fridley 6431 �iJniversity Avenue N.E. Fridley, MN 55432 Dear Mr. Colbart: In regards to Lot 1, Block K and Lot 2, Block K, Riverview lieights Addition, the City of Fridley is the owner in fee of Lot l, I31ock K, and the County of Anolca is the owner in fee of Lot 2,_ Block K. The City of Frid2ey would like a portion of Lot 2, Bl.ock K for street purposes. The County of Anoka her.eby wou�d li.lce to reqt�est a portion of Lot l, $lock K in approximately equal si.ze in trade for that portion of Lot 2, Block K which will be transferred to the City of Fridley. Very truly yours, Charles}R. Lefebvre Anoka ;ountv Auditor l �% �� ^ - � �- ��/ Sdilliam�. angner`�� Deputy WCL/jo ]5 B DQV�� c� c+ 'v J� "[ "� \ � � � � O --h "5 � Z � � � "'S fD c'�' —+• a. O C�. �--+ c`h LJ' lD O cU � a c+ �o ..S � � � � 0 � • � � p1 N (D O `S �G C 'S � fD c-F � �O • c'h Q' O [D _ _ ; ; 15 C r � ; •l�K. .�..y..i. y• ,�_, L� `� � - j � " � � . I r-�o;.� �. �;_;.:..� : _ ` i __,._. 7 � � � ' � I ; �� QY . . • ` — � i I �� . � , �� _ . � - �.� ; r � �. - -- ' - -- __.. s::: �:�•� � � i � � � �: _; I - '� � - _ .. � ; ... .... � � � - - - ... ._ . ..:. ... , .... :. ..... ...._. � � ��:: : :: � � �� `� I ( � ,:::: . ;... 1 ..:...:...:. .:.. : . . : . . —�..� : .: .., .. • ... .......: : . : : , ...... � ...; . .... : .... : . : . . .... : : . ........ . . . i � G� ; - � : ,°°� � ` 1 :::: . :::: : : , .....; - ..... , ::::�::� :� �: ::: , ,.......::i�: � . : :. ....... .:.. . . ! � � � ; - L: . . � j �� _ � : .... ...: .., ... .:: .. .. : .: ._._.:. ...... . � �. � � {.. � - - ; � ! . ! ;� I � i I . �. � � .. � ' � '€:�:: � ::::�... .._ •�".� ' :�--� � ;._.._.:...._---` ` :—� •� �( .2 I Z '. : � ' : S : � .' : ' :� i 1 � � • i e . : ' . : . : ' : :, 1 :x i i i, i i i� i � i•i }�e i i _�-• -� . �� CSTIidI��T�S FOK CITY CuU�vCIL COiySiil�r�tiTI��v Eugene A. Hickok and Associates, Inc. 545 Indian P1ound Wayzata, Minnesota 55391 I�oore Lak� Evaluation and Restoration Project Estimate No. 1 $ 1>572.03 J7 ESTIMATE #1 17A � April 21, 1977 Mr. Steven J. Olson Environmental Officer City of Fridley 6431 University Avenue N.E. Fridley, I•Zinnesota 55432 STATEMENT � ,,; � � : 545 Indian Mound Wayzala, Minnesata 55391 612 473-4224 I� � ( ) Re: P�oore Lake �valuation and Restoration Project Consulting Agreement by and between City of Fridley, ilinnesota ar�d Eugene A. Hickok and Associates dated March 14, 1977 TASK I LAKE SAIZPLES 20.0 Hrs. @ $16.00/hr. = $320.00 TASK II STORP�1 SEG�R SAP�PLES 39.0 Hrs. @ $16.U0/hr. _ $624.00 TASK VI LAI{E BOTTOT>2 CORES 1.0 Hrs. @ $42.00/hr = $ 42.00 34.0 Hrs. @ $16.OQ/hr = $544.00 $586.00 EXPENSES Reproductions $16.20 Mileage 23.14 Misc. Supplies 2.69 $ 42.03 TOTAL -----------------------------------$1,572.03 I N V E S T I G A T I O N S • R E P 0 R T S • D E S I G N • R E S E A R C H : � � :) 3 lifi CI'fY COUNCIL AT 7'IlEI12 RL'GULf�R h11iE'I'IN(, 0� 6fnY 2 1�J77. Y__.-------- -_______�—��_ �_._�__�—�______�._ �. � �_�.�_ I� "!'y�e of Liccnse: By: ��roved By: Iieer - Off Sale Q Petroleum Corp 6]O1 University Ave. N.E. Fridley, t�1n. 55432 Stav's Superette 6483 University Ave. N.E. Fridley, h1n. 55432 John L. Olson Robert P, Stavanau James P, tlill Fublic Safety Director James P. Hill Public Safety Director Carnival Miclwest Rides Inc. James A. 6ti'aknitz James P. Hill 7800 Knoll St. N. Publi.c Safety Director Golden Valley, Mn. 55427 Carnival will be held in the blenards Parking Lot blay 17 thru the 22nd. Cigarette I1976-1.977 Canterbury Pub I6479 University Avea N.E. FridlEy, Mn. 55432 1977-1978 'Northto�en Standard 7609 University Ave. NeE. Fridley, Mn. 55432 , Sam's Pro Service 7520 Central Ave. N.E. � Fridley, Mn. 55432 Stav's Superette 6483 University Ave. N.E. , Fridley, t�tn. 55432 1 Food Establishment 1976-1977 �Canterbury Pub 6479 University Ave. N.E. Fridley, r1n. 55432 '1977-1978 Stav's Superettc G483 ilnivcrsity Ave. N.E. , Friclley, T1i�. 55432 I � ' Al.len Berve Robert Rabe Lloyd Kilber K f� K Vending Robert Stavanau Allen Berve Robert Stava�iau -�- James F . I-Ii 1I Public Safety Directox James P. Hill Public 5afety I)irector James P. I-lill Public Safety Director James P. I-Iill Public Safety Director Steve Olson llealth Inspector Steve Olson Health Inspector � ree: $35.00 $35.00 $25.00 plus $200.00 deposit $12.00 $12.00 $12.00 $12.00 �4.16 Prorated �25.00 1' �� oF I,i��ns�: --Y�--------- ', � �Junk Yard I ' Dick's Fridley Auto Parts 7300 Central Ave. N.E. Fzidley, hfn. 55�t32 , � � Service Station ��olly Center Standard 6490 University Ave. N.E. Fridley, T1n. 55432 Northtown Standard � 7609 Univexsity Ave. N.E, Fridley, hin. 55432 � , � � Sam's Pro Service 7520 Central Ave. N.E. Fridley, P1n. 55432 Tavern 1976-1977 Canterbury Pub 6479 ilniversity Ave. N.E. Fridley, i�in. 55432 � _�, � , . � �< «t � ��.,��►c_M►:t:, �►vc o,vF M11Y_ 2� _ 1 �7 _ �. �' A�proved By: 18 a Ric;�..,rd Lorentzen James P. Hill Public Safety Director $100.00 Darrcl Clark Building Inspector Robert Rabe Robert Rabe Stanley E. Giddings Allen Berve , Taxicab � Columbia Heights Cab John E. LaMont 903 40th Ave, N.E, Columbia Heights, h1n. 55421 ' Total of five cabs. � ��endiiig hiachine ,Bill's Service 3705 blars}ial l St . N. E, Friclley, DI►�. 55452 tVilliam Svetin 1 Central St811C�ZI'CI C11 iVash niaijne Naber 5201 Centr�il /1ve, N, F;. Gold J�Iedal Fridlcy, �1n. 55�121 � Gazcla-I3ckins Tioving Ft Storage Diannc \'a 7580 Conu�aei•ce Lane ��I Fricllcy, pii�. 554�2 Golcl �tedal � 1 , '2' Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director Steve Olson Health Inspector Steve Olsoti Fiealth Inspector Steve Olson Ffcalth Inspector $60.00 $60.00 �60.00 $12.Q0 $50.00 $15.00 $15.00 $15.00 —�-�'� .r. -:_—�-- -�- ....v�.c: a �, r� 1 1( 11 i Ty�c. o£ L,icense: By; � Venciin� Macllirie � � I-Iolly Center Standard Robert Rabe , f�490 University Ave. N.t;. Fridley, h1n. 55432 , Northtown Standard Robert Rabe 7609 University Ave. N.E. Fridley, Pin. 55432 � Sam's Pro �ervice Stanle E, Giddi Y ngs 7520 Central Ave, N.E. ' Fridley, Mn. 55432 Swings Spurette John L. Swingdorf �6485 E. River Road Fridley, Mn. 55432 � Used Car Lot Frank's Used Cars Frank Gabrelcik ,5750 University Ave. N.Ee Frid2ey, A4n. 55432 � Refuse Hauler � Art iVi l lman � Son Inc . LeRoy i9i.l lman 51 28th Ave. No. blinneapolis, Mn. 55411 , Bautch Disposal Raymond Bautch 2931 i�larshall 5t. N.E. � Minneapolis, Mn. 55418 Ace Solid iVaste Dtanagement, Inc. 311S 162nd Ln. Dean 0. tiYarden � Anoka, I+in. 55303 1 Atict ion �tially Lat�meyer Auction Co. Wally Latnneyer �7306 Cleve A��e. Inver Grove Ileights, h1n. 55075 � . , � � , -3- ►u_��L.r�tc Mr.t:,IlNI;,UN_M/1Y Z, 1977, ��roved I3y: 1g B Steve Olson $30.00 Hcalth Inspector Steve Olson Elealth Inspector Steve Olson Healt-h Inspector. Steve Olson Health Inspertor. $45. 00 $15.00 $30.00 James P. Hill $100.00 Publ.ic Safety Dixector Darrel Clark - per stipula�ions Bui_lding Inspector Steve Olson Eteal.th Inspector StevP Olson Health Inspector Steve Olson fiealth Inspector James P. Hill Public Safety Director �45.00 $30.00 $30.00 $20.00 LICENSES TO B� RPPROVED BY THL CITY COUNCIL AT THEIR R�GULAR ME�TING ON 18 C � MF�Y ?_ , 19 "/7 BLACKTOPPING 11PPROVED BY ' C & S Blacktopping 8832 West Broadway Darrel Clark Minneapolis, Mn. 55445 By: Mictiael A. Stanton Com. Dev. Adm. � �XCAVATING 1 E & M Er.cavating 3055 174th Avenue N.�9. Darrel Clark Anoka, Mn. 55303 By: Enock Olsen Com. Dev. Adm. � GAS S�RVICES � Mill City Heating & A/C Co. 13005 B 16th Avenue North William Sandin Minneapolis, Mn. 55441 By: David J. Stevenson Plbg. Htg. Insp. � Geo. Sedgwick Heating & Air Cond. Co. 1001 Zenia Avenue South William Sandin Minneapolis, Mn. 55416 By: Stanley Snyder P1bg. Htg. Insp. IGENERF�L CONTRACTOR , Ackerson Construction Co. 6108 IIanson Road Darrel Clark Minnear�olis, Nn. 55436 By: L. E. I�ckerson Cam. Dev. Adm. , Alad.din Pools Inc. 4738 - 42nd Avernze North Darrel Clark Minneapolis, D4n. 55422 By: S. E. Thayer Com. Dev. Adm. � Antler Corporation 2954 Rice Street Darrel Clark � St. Paul, Mn. 55113 By: A. L. Schriber Com. Dev. Adm. Conrad Constructi�n Co. , 5913 Pleasant Avenue Darrel Clark Minneapolis,Mn. 55419 By: Ronald Conrad Com. Dev. Adm. Gorham Construction ' 9050 Collins Drive N.W. Darrel Clark Anoka, Mn. 55303 By: Gary M. Gorham Com. Dev. Adm. � Kise Construction Corp. - 4141 Reiland Lane Darrel Clark St. Paul, Mn. 55112 By: Donald Kise Com. Dev. Adm, � Dennis Kugler 8331 Terrace Road Darrel Clark Minneapolis, Mn. 55432 By: Dennis Kugler Com. Dev. Adm. , ' I , � ,�. Licenses For Cauricil Approval May �, 1977 Gerieral Contractor Continued Minnesota L•'�cteriors, Inc. 295 Highway #55 Hamel, P�In. 55340 By: Martin J. Bennis R. H. Romens Construction Co., Inc. 7300 Gallagher Drive #118 Edina, Mn. 55434 By: R. H. Romens S. J. Construction, Inc. 6305 East River Road N.E. Fridley, Mri. 55432 By: Jahn R. Doyle HEATING Englund Heating, Inc. Route #1 Isanti, Mn. 55040 By: Richard Englund Mill City Heating & Air Cond. Co. 13005 B 16th Avenue North Minneapolis, Mn. 55441 By: David J. Stevenson Geo. Sedgwick H2ating & Air Cond. Co. 1001 Xenia Avenue South Niinneap�lis, Mn. 55416 By: Stanley Snyder MASONRY. R. P7. Soderstrom Company 6438 Riverview Terrace N.E. Fridley, Mn. 55432 By: Russell Soderstrom MOVING Dale Movers, Inc. 7816 Central Avenue N.E. Minneapolis, Mn. 55432 By: Dale Petersen WRECKING LeTourneau Trucking 2923 Benjamin Street N.E. Minneapolis, Mn. 55418 By: Clifford LeTourneau HEAT IN G Hoov-Aire, Inc. 6840 Sliingle Creek Parkway Minneapolis, Mn,. 55430 By: Wayne A. Hoover • ' � Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. William Sandin Plbg. Htg. Insp. William Sandin Plbg. Htg. Insp. William Sandin Plbg. Htg. Insp. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. William Sandin Plbg. tItg. Insp. Licenscs I'ar Council ApprovaJ. May 2, I977 GENERAL CONTRIICTOR Coachman Real Lstate Investment Corporation 4901 "F"' Street Omaha, Ncbraska 6£�117 Fortnite Insulation Company 5209 West Broadway Crystal, Mn. 55429 By: 4di11iam F. Wieman By: Arnold J. Clark Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. 18 F