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06/16/1980 - 5319� � '�',��' �RSi7L�Y CITY COUNC i L �r'l,:_:, �,4 � REGULAR fiEETIidG —.JU,aE 16, 1930 — 7;30 P..M. �E.I'�O lO: D[PAR7MENT IICAAS � FOLLOWING ARE THE "AC1�IOi�lS f�EEDED". PLEASE HAVE YOUR ANSWERS B/�CK IN THE CITY P•�ANAGER�S OFFICE BY THE �'�EDNESDAY BEFORE THE N[XT REGULAR COUNCIL P7EETING, THANK YOU� �Q�,�c� �� J;�U> / � ERTIFICATES OF HPPRECIATION - KETIRING t'IREFIGHTERS ARTl1UR �� LSON ' �ot present .. . MERLE B� �ONGERBONE ' Present- . .JAMES 4J. �ATES - Present DONALD �� ARRIGAN - Present �ORDON �i, iiARSTAD ' Present ARTHUR �� $ILSETH - Not present iOBERT �� ORANSON - Present ' �ITY MANAGER � ACTION IJEEDED: Forward Certificates to Arthur Olson and Arthur Silseth who were not at the meeting. APPROVAL OF f�IyUTES; � REGULAR MEETING, �UNE Z, I9�O Minutes Approved ADOPTIO�� OF AGEfJDA: Added: 3 Resolutions concerning 81st Avenue OPEi� FO�tUh1, VISITORS: ��ONSIDERATION OF ITEt4S NOT ON AGENDA - 15 �'�INUTES) Mr. Jim Langenfeld presented Motion from Island of Peace Re: Ed Wilmes � e 0 � � UBLIC WORKS � MEET "!C'�� BUSIfJESS; �UNE �AGE 2 RECEIVING PLANNING �OMMISSION �'�INUTES OF �UNE 4, 1y8� �� 1- 1 KK 1. Considerat9on of a Request for a Special Use Permit SP #80-04 to allow an entrance on Lyric Lane for • expansion of Fridley Convalescent Nursing Home, 7590 Lyric Lane ....... .............................. 1B - 1K Planning Comn. Recommendation: Denial of Request & 1 P� Council Action Needed: Consideration of recommendation ' to deny, or set Public Hearing for 7/14/80 Minutes Received - Tabled indefinitely - Item was withdrawn by applicant. NO ACTION NEEDED � 2. Appeals Commission Minutes of May 27, 1980 A. Request for Variance to reduce rear yard setback for buililing at 5750 P1ain St., part of proposed 3-building complex, 5730, 5750> 5800 Main St., Rauenhorst Corp...... ............. ...:..... 10 - 1Q Appeals Comm. Recommendation: Approval & 1DD, lEE Council Action Weeded: Consideration of recommendation Minutes approved with stipulations ACTION NEEDED: Inform applicant of Council approval with stipulations B. Request for lfariance to increase sign size to allow addition of inessage board, 6881 Nwy #65, Eugene Kreuzkemper... ........... ... ...... Appea7s Corran. Recommendation: Approval with three stipulations Council Action tJeeded: Consideration of recommendation 1V - lAA & 1FF, 1GG Minutes approved with stipulations ACTION NEEDED: Inform applicant of Council approval with stipulations , C. Consideration of renewal of sign lease for Charlies in Fridley> by Susan Angrimson, Nlanager........., lAA - 1BB Appeals Comm. Recommendation: Approval of renewal & 1'NH-1KK until liquor license renewal in April, 1982 Council Action Needed: Consideration of recommendation ' Minutes approved ACTION NEEDED: Inform applicant of Council approval 6 fJE!J BUSIfdESS: RECEIVING CATV COMMISSION �INUTES OF MAY 3, I9`�� ''� �� 2- 2 E � Minutes Received PUBLIC tdORKS ACTION NEEDED: File for future reference PUBLIC WORKS � A RECEIVING PLANNING COMMISSION �'�1NUTES OF $PECIAL ��EETING OF �UNE 9, 1930� . � , � � � , � � � � . Minutes Received ACTIOf� NEEDED: File for future reference ,,,.3-3D CONSIDERATION OF A RESOLUTIQN ORDERING IMPROVEMENT, APPROVAL OF PLANS A��D AUTHORIZING EXECUTION OF CONTRACT WITH ;�.D�H „ INC. FOR STREET IMPROVEMENT PROJECT N0� ST� I9�O-1, ADDENDUM �rZ � � � � � � � . Resolution #60-1980 adopted and authorize Change Order #2. PU� WORKS ACTION NEE�ED: Proceed as authorized � � ,.,4 CONSIDERATION OF A RESOLUTION AUTHORIZING PURCHASE OF RIGHT-OF-WAY FOR NILLCREST AVENUE �ZO' STREET AND UTILITY EASEMENT OVER THE I'VEST ZO' OF LOT Z, BLOCK 1, OSTMAN � S 3RD ADDN . ) � � � � . � �� , � , . . . . 5 Resolution #61-1980 adopted PUBLIC WORKS ACTION NEEDEO: Proceed as authorized s e CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS, APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERIN6 ADVERTISEMENT FOR ,�1DS FOR $T. I9HO-Z �MSAS) . Re�olut,iap ryo., 65-1�8p ddopted 6- 6 B Resolution �62-1980, �63-1980, �64-1980 added to agenda � adopted � ACTIOfd NEEDEDc Proceed as authoriied * Resolutions listed on Page 5 FI IJAtdCE PU_BLIC WORKS i FIRE CITY_MANAGER i �, ,JUNE 1� 19d0 (JEW �USI��ESS �CONTINUED) CONSIDERATION OF A RESOLUTION AUTHORIZIN6 CHANGES '" IN THE LARGE FAMILY HOME O4V�dERSHIP FUND AND THE CITY GENERAL FUND BUDGET FOR THE YEAR I9HO� �� Resolution �i66-1980 adopted changing word "amended" to "increased" ACTIOfJ PJEEDED: Correct Resolution as amended and make budget changes as authorized � 'AGE � �I � - % � RECEIVING BIDS AND AWARDING CONTRACT FOR ST� 1980-10 �SEAL COATI NG PROJECT) . � . � : � � . , , , , . . , , , , , 3 - $ C �BIDS OPENED ,JUNE g, I9aO AT 11 A.M.) Received Bids and awarded to low bidder - G& L Sealcoating �, for $10,266.98 ACTION P�EEDED: Inform`bidders of Council action RECEIVING BIDS AND AWARbING CONTRACT - MOTOR FIRE APPARATUS, TRIPLE COMBINATION 1250 GP�1 PuMPER �i�IDS OPENED �UNE I2, 1930, IZ;OO ��OON)� � . , , , , , , Tabled to lst meeting in July ACTION NEEDED - Put on Agenda of 7/7 , S � APPOINTMENT - CITY EMPLOYEE� � � � � � , . , , , , , . , IO Appointment concurred ACTION NEEDED: Inform Accounting of ne�v employee Kathryn Schoenberger, Office Assistant in the Police Department i�lE!� BUSINESS (CoNTitvuED) ,. �LAIMS. � � � .� . � , � � � � � . � � � � � � . . � � � . IZ Approved ItdA� AC7ION NEEDED: Pay Claims , INAP�CE TNAfVCE � � LICENSES, , , , , , , , , , , , , ,, , , , , , , , , , , 12 - 12 A Approved ACTION NEEDED: Issue Licenses ' ESTIMATES. . ; � . � � � � � � . . . � . � � . , � � . . 13 — 13 A Approved . ACTIOP� NEEDED: Pay Estimates . " ; ADJOIiR.d: s:4o P.M. * RESOLUTION PJO. 62-1980 ORDERING PRELIMINARY PLAPIS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IPIPROVEMENT PROJECT 1980-2 � RESOLUTION N0. 63-1980 RECEIVING THE PRELIMINARY REPORT AND RECEIVING A PETITIOPJ T� WAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT STREET.1980 - 2 RESOLUTION N0. 64-19II0 ORDERING IMPROVEMENTS AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF:. STREET IMPROVEMENT PROJECT N0. ST. 1980 - 2 i I � i I I �i `� �". 6�G��o �-'.�' �'-�- �..�'"""'� � . �- ,�� , � �-�-�- �7-�-�e�, � ��---�� o - oz°.�� . Jv� ° � .�3�3a 7� 93, ��.�.e �jr�` -��Q,� .5S`�-3 z , R�H�ce� ��.� i.�lo 7 oS u�vtC� �«-.,c� �%� � d U / �S`r�3Z �e:?� �s�� L�ric LQ,,� �� r'tl(� S�/3Z �a� �-�u,o-� 75fi9 �� o�°� yJ� �' ss Y3 z o� i�� Ss! f/-,p� G s- �7 -�' -� " 6�' S�� 7��/q p`�i� vL�°�.� /1/,�� ` 3-s�� 3� �� 7��J �r�-�� z� ��5�3�� C� � ; Q��ti�,�r � 5 � 3 "�� i��,/ SS� 3 a �� - � � - 796a Xe�ue� . M�.� ��3 � �C.,� y� G 3 Z GcJr� ,/�- �� _/sr Sny�� c�g..e�o%� �� °.�_ / ��, ��=�- �� -�`� 0�'�- � � /l � f� �� -�a �'o�e.r7'' v� t� s`6ZS s'%+� sY � �� o�O� - �a -��-� �' p��i� a� ��-a� �3��-� �° � �S� - a�° � �/� �� ,, I/ STATE OF MIN�lESOTA COUPJTY OF ANOKA ATTORNEYS MARK HERE 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 384-7-75-1M NAMES No. PROBATE-COUNTY COURT CRIMINAL-CIVIL DIVISION JURY LIST File No. REMARKS 160 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITH COUNCIL OF JUNE 2, 1980 The Re9ular Meeting of the Fridley City Council was called to order at 7:37 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: . Mayor Nee led the Council and audience in the Pledge af Altegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick> Councilwoman � Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REUIEW MEETING, MAY 12, 1980: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the�motion carried unanimously. PUBLIC HEARING MEETING, MAY 12, 1980: MOTION by Counciiwoman Moses to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote> all voting aye, Mayor Nee de- clared the motion carried unanimously. CONTINUED BOARD Of REVIEW MEETING, MAY 14, 1980: �TION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' REGULAR MEETIN6, MAY 19, 1980: F�TION by Councilman Fitzpatrick to 'approve the minutes, with the following amendment: Page 3, paragraph 3, line 6> eliminate the words "unattractive and a" and substitute the words "an attractive". Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The follaving three items were added: {1) Receipt of a Petition Regarding Traffic Problems on Quincy Street near 67th. (2) Request by the V.F.W. Post 363 for a Permit for a Fireworks Display. (3)� Consideration of Estimate for Bud Johnson Construction Company for North Park. � MOTION by Counci7man Fitzpatrick to adopt the agenda with the above three additions. Seconded by Councilwoman Moses. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: � - There was no response from the audience under this item of business. �� OLD BUSINESS: CONSIDERATION OF ISSUANCE OF ENTERTAINMENT LICENSE TO CANTERBURY PUB B ED 5/19/80 : . Mr. Herrick, City Attorney, requested this item be considered later in the l ' I ' I ' � l ._ � I � ` i REGULAR MEETIN6 OF JUNE 2, 1980 � � PAGE 2 agenda�since Mr. Lenhart, owner and operator of the Canterbury Pub, was not present at this t9me. � NEW BUSINESS: � RECEIVING PLANNING COMMISSION MINUTES OF MAY 21, I980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP C80-03, TO ALLOW CONSTRUCTION OF �ETACHED GARAGE, 290 ELY STREET, �UANE MOTZKO: Mr. F1ora,�Public Works Director, stated this is a request for a special use permit to allow the construction of a 22 x 22 foot accessory building for storage of a boat and car at 290 Ely Street. The Planning Comnission unan?mously recomnended approval of this special use permit. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Comnission and grant special use permit, SP HSO-03. Seconded by Councilwoman Moses. Upon a voice vote, atl voting aye, Mayor Nee declared the motion carried unanimously. � , 161 I I MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of May 21, 1980. Seconded by Counci.lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOGSIDERATION OF RENEWAL�OF SIGN LEASE FOR CHARLIES IN FRIDLEY, 8290 UNIVERSITY AVENUE LETTER OF REQUEST BV SUSAN ANGRIMSON, MANAGER: � Mr. Flora, Public Works Director,�stated a request was received from Charlies in Fridley to approve an extension of the variance for their sign. He pointed out this business has changed ownership and the original two years allor�ed for this sign has expired. � � It was the feeling of the Council this mattar should be referred to the Planning Comrnission. . Mr. Qureshi, City Manager, felt this could be done, with a�grace period given for the sign. MOTION by Councilwoman Moses to refer this matter to the Planning Commission and altow Charlies. in Fridley a 60 day grace period for this sign. Seconded by Councitman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. CONSIUERATION OF FIRE FIGHTIN6 MUTUA! AID CONTRACT WITH ANDOVER: MOTION by Councilman Schneider to authorize the Mayor and City Manager to execute the agreement with the North Suburban Mutual Aid Association for the inclusion of Andover in this Association. Seconded by Councilman Barnette. Upon.a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . . . RESOLUTION N0. 55-1480 ESTABLTSHING MUNICIPAL STATE AID STREETS, S15T.AVENUE. FROM UNIVERSITY AVENUE TO MAIN STREET No. 339 : � Councilwoman Moses asked if there is a certain allocation of streets in the City which may be designated as State Aid streets. Mr. Qureshi, City Manager> sfated at this time about 20% of the City streets can be designated as such. MOTION by Councilman Barnette to adopt Resolution No. 55-1980. Seconded by - Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. �. j lsz , � REGULAR MEETiNG OF JUNE 2, 1980 PAGE 3 MOTION by Councilman Fitzpatrick to receive the communications from Faegre and Benson anQ Piper, Jaffray and�Nopwood. Seconded by Councilwoman Moses. Upon a voice vote, a11 voting aye, Mayor Nee deciared the motion carried unanimously. MOTION hy Councilman Fitzpatrick to adopt Resolution No. 56-1980. Seconded 6y Councilma.n Schneider. Mr. Qureshi, City Manager, questioned if all the property would be under one ownership. Mr. Jerry Simer, President of Simer Pump CompaRy, stated the property is under one ownership and would be maintained as one parcel. He stated this was one of the stipulations in getting the building permit. Mr. Herrick, City AttornGy, stated he reviewed all the instruments for this industrial revenue bond sale and found them to be well drafted and in com- pliance with the State statutes and specifically set forth the limits or liabilities in terms of financial obligation, and, in case of a problem with the bonds, the City in ar�y event, will not assume aRy responsibility. Mr. Brunsell, City Clerk, stated the letter from Piper, Jaffray and Hopwood indicates the project is feasible�and the letter from Faegre and Benson indicates the project meets the State statute requirements. UPON A VOICE VOTE TAKEN uN THE ABOVE MOTION, all voted aye, and Mayor Nee declared ttie motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 57-1980. Seconded by Councilman Schneider. • . � Councilman Barnette questioned how the pdy for volunteer firefighters is' negotiated. Mr. Brunsell stated rtast years this was covered in the contract, however, they now deal directly with the City Manager. The��present compensa- tion �received is $5J5 per ca1L � Mr. Qureshi,.City Manager, stated the volunteer firefighters also have pension benefits. Mr. Brunsell pointed out a volunteer�firefighter who had 20 years of service would receive a pension of about-$196/month. UPOfV A VOICE VOTE TAKEN ON THE ABOVE MOTION, a71 voted aye, and �layor ttee declared the motion carried unanimously. � APPOINTMENTS:-CITY EMPLOYEES: �tOTION by Councilman Barnette to concur with the follaving promotional ap- pointments by the City Manager. � . ��NAME POSITION EFFECTIVE DATE SALARY EXPLANATION Kenneth Wilkinson � Dep. Public �� June 3, 1980 $2,295/ Sgt. to Dep. � - Safety �ir: _ " . Month - Public Safety � � � � Director James Bankston Police June 3> 1980 3,852.50/Officer to Gorporat Month Corporal � 163 (` _, l_; REGULRR MEETING OF J�NE 2, 1980 APPOINTMENTS: CITY EMPLOYEES: (CONTINUEDJ NAME Watdemar Olsen PAGE 4 POSITION EFFECTIVE DATE SALARY EXPLANATION Palice June 3, 1980 $1,922.50/ Officer to Corporal Month Corporal Gary Lenzmeier Police June 3, 1980 $1,852.50/ Officer to Corporal Month Corporal Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fitzpatrick to author5ze payments of Claims No. 133520 through 151938. Seconded by Councilwoman Moses. Upon a voice vote, all vating aye> Mayor Nee declared the motion carried unanimously. ESTIMATES: • MOTION by Councilman Schneider to approve the estimates as submitted with the addition of estimate for Bud Johnson Contruction Company for North Park in tfie amount of $45,450. Halvorson Construction 4227 - 165th Hvenue N. E. Wyoming, MN 55092 � Partial Est. R3 - 1980 Misc. Concrete Curb�& Gutter Contract Bud Johnson Construction Co. 7300 France Ave. So. Mpls., MN 55435 Partial N1 - 4/1/80 - 5/2/80 Construction Contract fees for Springbrook LICENSES: $ 1,410.00 $45,450.00 t�pTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office,�with the addition of the permit for a fireworks display as requested by the Fridley V.F.W. Post N363. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ISSUANCE OF ENTERTAINMENT LICENSE TO CANTERBURY PUB TABLE� 5/19/80 : Mr. Brunsell, City Clerk, stated during this Council meeting he had tried to contact Mr. Lenhart, owner and operator of the Canterbury Pub. Ne �� stated he was able to contact Mrs. Lenhart and she stated her husband is not able to attend the meeting this evening as he couldn't get off work, but stated someone else would be present to represent him. � Since no one was present representing Mr. Lenhart, Mayor Nee asked that . Mr. Hill, Pubtic Safety Director, presert his testimony for the record. � �, . Mr. Hill stated the Police Department�is recommending the Councii deqy .. renewal of the entertainment license for the Canterbury Pub, however, they �' � �are not recommending the other licenses be denied. � - i : Mr. Hill stated in October, 1979, the Police �epartment received several compiaints £rom members of the public re9arding alleged. illegal activities in relation to the entertainment license and drinking violations. _� 164 -REGULAR MEETING OF JUNE 2, 198Q _ _� i PAfE 5 I Mr. Hill stated, based on these cw�plaints, undercover officers visited this establishment on severa} different occasions and he�reviewed their reports on the events that took place. Based on these observations, several arrests were made and photos taken. As a result of these arrests, two male employees pleaded guilty to exposure and the owner, upon appearing in court on April 14, 1980, pleaded guilty to the charge of violation of the ordinance. Councilwoman Moses stated she would prefer that Mr. �enhart be here this evening, however, he was in violation of the ordinance and felt there.was justification for denying the renewal of the entertainment license. � Councilman Schneider stated Mr. Lenhart was aware of the meeting this evening and an attempt was made to contact him. Mayor.Nee stated that Ordinance No. 644, Section 607.05 states, in part, "violation of this ordinance sha17 6e grounds for revocation or suspension of any and all licenses held on such premises". MOTION by Councilwoman Moses to der�y renewal of the entertainment license for Canterbury Pub. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIV_ING PETITION H3-1980 RE: TRAFFIC PROBLEM ON QUINCY AT 67TH: Councilwoman Moses stated residents have tald her there have been several accidents on Quincy in the last few months and they are concerned about the traffic probtem, She stated the petition is for blocking off the street or some other aiternative. MOTION�by Councilwoman Moses to receive Petition N3 regarding the traffic problem on Quincy and refer this to the administration for study. Seconded by Councilman�Barnette. llpon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADJOURNMENT: MOTION by Council Barnette to adjourn the meeting. Seconded by Council- woman Moses. Upon a voice vote> all voting aye, Mayor Nee dectared the motion carried unanimously.and the Regular Meeting of the Fridley City Council of June 2, 1960 adjourned at 8:25 p.m. . Respectfully submitted, Carole Naddad Secy. to the City Council Approved: William J. Nee Mayor � I ,• � CITY (7i' FRIDLEY , YLANNING CO2M1ISSIOft MEGTING, JUNE 4, 1980 CAZL TO ORDGR: Chairman Iiarris called the June 4, 1980, Planning Coumiission meeting to order at 7:05 p.m. ROLL CALL: � Members Present: Mr. Harris, Mr. Treuenfels, Ms. Schnabel, Mr. Langenfeld, �'° Ms. Hughes, Mr, Wharton, Mr. Oquist (arr. 7:30 p.m.) , Others Present: Jerrold Boardman, City Planner Jackie Judlictii, Administrator, �ridley Convalescent Center Charles E. Johanson, 424 Rice Creek Blvd. Lloyd Larscn, 7549 Lyric Lane James Suu�ers, 7553 Lyr3c Lane Bruce Barsness, 7589 Lyric Lane Edna Barsness, 7589 Lyric Lane � Elsie Nielsen, 7583 Lyric Lane Jerome W. Buhn;. 7573 Lyric Lane LaRue Buhn, 7573 Lyric Lane . Jsnice Carroll, 7567 Lyric Lane Dwight K. Beglau, 7563 Lyric Lane Mr. & Mrs. Julian Boydo, 7593 Lyric Lane ' }ir. McKabow, 7593 Lyric Lane APPBCVAL OF rL�Y 21, 1980, PLANNlNG COPfhLISSION M[ATU'TES: MbTION by Mr. Langenfeld, seccnded by Mr. Treuenfels, to approve the May 21, 1980, Planning Commission minutes as written. Upon a voice vote, all �oting aye, Chairman Harris declared the motion carried unanimously. � 1. RECEIVE FiAl' 13, 198�, COMMiJNITY DEV�LOPMEHT COhL2ISSI0At MENOTES: tiOTSON by Ms. Iiughes, seconded by Mr. Treuenfels, to receive the �Iay 13, 1980, Cosmunity Development Conmmission minutes. DIr. Langenfeld stated that on page 4 of the minutes, regarding Ms. Modig's concern that the letter City Council sent to MFCA supporting a noise re�;ulatior, such as 9PC-5 did not reflect what was intended in the Planning Coum�ission's motion, Mr. F:ora had suggested that the Planning Cbmmission write up a sample letCer of transmittal for the City Council's signature aad approval to avoid misunderstandings. , Dfs. Schnabcl stated that before a letter i� written, perhaps P(r. Flora, if he was the one responsihle for writing the lettex, should checic with the appro- priate staff people involved to get all Che pertiuent details that should go into the letter. __ ._ . _.. . _. _ .._. . . .. _ . .._ _ _.__ . _�+,p'""'i_. 1 �1 P(.ANNlNG COMMISSION MEETING, JUNE 4, 1980 PAGE 2 Mr. Treuenfels asked Mr. Boardman if he would obtain a copy of the letter written by the City Council with reference to this subject. Mr. Soardman stated he would try to get a copy of this letter for the Plannirig Co�ission members. : UPON A VOICE VQTE, ALL VOTLNG AYE, CHAIRMAN IiARRIS DECLARED Tf1E MOTION CARRIED UNANIMOUSLY. 2. RECEIVE MAY 14 1980 PARKS & RECREATION COMI�IISSION MiNUTES: MOTION by Ms. Hughes, seconded by Ms. Schnabel, to receive the May 14, 1980, .� Parks & Recreation Co�ission minutes. - Ms. Hughes stated she wanted to point out that the Parks & Recreation Co�mission did give preliminary approval to $117,599 in Proposed Capital Outlay for 1981. The Co�ission will take final action at their 3une llth meeting, Ms. Hughes stated that on page 12, there was a motion to recou�end approval of a test toumament by Bob's Praluce softball team. In the voCe in the third paragraph, it should be changed to read, "Chairperson Hughes declared the motion failed because of a tie." She stated this item was taken to the City Council ' on rfonday, May 19, and the City Council approved that par�icular touruament on a test basis without setting any kind of precedent. UPOrI A VOICE VOTE� ALL VOTING AYE, CAAIRMAN AARItIS DECLARED THE MOTION CARRIED UNAI3IMOUSLY. 3. RECEIVE MAY 20; 1980, ENVIRONMENTAL QUALTTY COPII�ffSSION MINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to receive the May 20, 1980, Environmental Quality Commission minutes. Mr. Langenfeld stated that the Environmental Quality Coo�ission was going to become involved again with the noise ordinance. They will probably get involved in clean-ups, They also talked a little about the feasihility of using cable TV to discuss some of these items. Mr. Langenfeld stated that an article by Charles Weaver, Metropolitan Council Chairperson, regarding the Anoka County Airport was included for the Planr.ing Cammission's information. He stated he was very displeased with that article. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN IiARRIS DECI.P.RED THE MOTiON CARRIED UNANIPIOUSLY; 4. RECETVE DfAY 27, 1480, APPEALS COrIDiISSION MINUTES: MOTION by Ms. Schnabel, seconded by Ms. Hughes, to receive the May 27, 1980, Appeals Commission minutes. _ ._._ _ . . ._ ..__ _ . _, _ ...__ _. _ — _ . . .,, r�. 1B PLANNING CONQ�tISSZON ME�TING, JUNC 4, 1980 YAGE 3 lts, Schnabel stated that on the request for a variance at 5750 Main Street __ _ a► pages 1-3, it should be noted to the City Council that the drainage Y ' situation was a real concern to the neishUorhood. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED TAE MOTION CARRIED UNANIMOUSLY: 5. PUISLIC AEARING: REQUEST FOR A SPECIAT. 1TSE PERMIT, SP �k80-04, FRIDLEY CONVALESCENT HOME; Per Fridley City Code, Section 205.051, 3, F, tp allow an entrance from Lyric Lane because o£ expansion of the nursing home, to add clerical, office and classroom-meeting space, located on _-.;_ Lot 1, Block 1, Maple Manor P.ddition, the same being 7590 Lyric Lane N,E „ Fridley, Minnesota. MOTION by Mr. Oquist, seconded by Mr. Langenf.eld, to open the public hearing on SP 1�80-04 by the Fridley ConvalescenC Home. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7:35 p.m. Mr. Boardman stated that he would give a little background on Chis item. When the nursing home was proposed on this site in 1968, the Planning Co�ission ,: and City Council reco�ended a special use permit with the determination that there be no access off Lyric Lane. The reason this has come back to the Planning Co�nission for a special use hearing is because what is being proposed is something that was suggested not take place in the original special use permit, This spec=al use permit request is £or a modification of that r.e^_ovanen- dation or stipulation on the 1968 special use permit approval. The Fridley Convalescent Home is proposing an addition to the office administration area with an access road coming in Co the parking area thaC goes past the ixont of the building as a drop-off point. This access road would be a one-way in off of Lyric Lane. This is in violation of the original special use permit. Mr. Boardman stated that Staff has several problems with Chis, primarily access problems, If this is approved £or any reason, Staff feels this drive, instead of coming in at an aagle onto Lyric Lane, should be dropped back a li[tle bit more and brought more out on a right angle onto Lyric Lane. Regard- less of wheth2r or not the driveway is approved, Staff feels that additional plantings and screening should be put around the parking lot to screen it from the residential neighborhood. Ms. Schnabel asked if Staff had any other al,ternatives to recoummend. Mr. Boardman stated the only other alternative without access to Lyric Lane would be a roadway that would completely circle the building. He did not . know if that was.the best alternative, because there are residences all along there. Mr. Johanson stated he was sitting on the Planning Co�ission 15-17 years ago, and he was thc one who nade the motion not to allow access onto Lyric Lane. Aowever, at thaC time, the area was being zoned for aparCments, and now it is a nursing home. He stated there is a real need for the access, and parking _ , ._. _ _.- . . „ . ...,� 1 pLANNING COMMTSSION MGGTING JUN� 4 1980 PAGE 4 is a real problem. He stated they could be very proud of the parents and reletives who visit the older people in the nursing home and geCting in and out --- "" of the nursing home is very hard. At this time, they cannot drive up to the front door. They have to drive to the back of the building and walk around to the front door. '. � Mr. Johanson stated there really is no outside recreation area for the residents, and te could not see where this would hurt the neighbors on the other side. He felt they have done a good job with screening, and what they have done in protecting the neighbors should speak quite well. C; s � � } t � Ms, Schnabel stated she had read all the minutes and information attached to :-n._.: the agenda, and she could find no reference where it specifically stated that there shall be no access off Lyric Lane. Ms. Hughes stated that on page 19 of the agenda (Regular Council meeting of Oct. 21, 1968, page 24}, there is a motion made by Councilman Samuelson to "concur with the Board of Appeals with the exceptian that the egress and exit should be on Madison St. and upon submitting moYe comglete plans showing just what land was involved". She thought that sounded like a stipulation. She wondered if the Planning Commission couldn't proceed on the basis that there was such a stipulation. Did Mr. Johanson agree CheTe was a stipulation of no egress onto Lyric Lane? Mr, Johanson stated he did remember the stipulation, but did not reaiember the dates. �, garris asked 3f there was anyone in the audience who would like to speak to the item. Mr, Buhn, 7573 Lyric Lane,.stated he thought he was at the meetings when that stipulation was made that there be no egress onto Lyric Lane. He didn't think the traffic has decreased any on Lyric Lane and felt that a driveway into the nursing home would only increase the traffic. lIe was in complete agreement with the nursing home waneing a nice area outside for the residents, but why clutter it up with a driveway? � Mr, Johanson stated that to put in a circle driveway, they would have to came in off Madison and go all around the building. They would like to be able to have some of the people come in off Lyric Lane, discharge a resident at the front door, drive to the parking lot, and exiC onto Madison. They are having very heavy traffic access en Madison because of UniCy Hospital and the docCors' parking lot. Because of the nursing home's small parking lot, a lot of people are parking on the street and in the hospital parking lot in order to visit parents or friends. Fle really did not believe the access onto Lyric Lane would increase traffic on Lyric Lane. Ms. Nielsen, 7583 Lyric Lane, stated she lives almost across the street from the proposed driveway, Right now they have more traffic than they can bear. Unity Hospital has an entrance onto Lyric Lane whic4 is supposedly an employees' parking lot, and that traffic is heavy dUring the.changes in shifts. She __. _.. . _. _ _ _ __ , .. . � ; iv P'LANNTNG COMMISSION MEGTING J1)PIIi 4 1980 PAGE 5 atated that their children all walk to school as there is no bus service on "-'" -" "the area fran Madison to Jackson on Lyric Lane. The children have to walk in the strcet because there are no sidewalks unttl they get to Osborne. Her . main concern was the children, and she would hate to see a child hit by a car because of that driveway into the nursing hame. Mr, Langenfeld asked how Ms. Nielsen felt the traffic would actually increase. He had the impression from what he had already heard that the traffic already existed, and this access would not necessarily increase the Lraffic. Ms. Nielsen stated that right now the heaviest traffic occurs during the -"``- changes in shifts at the hospital. It was her feeling that by puCting in a driveway Co the nursing hame, there would be visitors coming and going all � day long and it would increase the traffic. The employees would also use that entrance. " Mr, Buhn stated that a good portion of Yhe traffic now going off Madison that drops off people at the nursing home and the nursing home employees would start coming in through the driveway on Lyric Lane. He asked if it was possible to change the entrance to the nursing home as long as they would be remodeling and continue to use Madison as the main entrance? Mr. 3ohanson stated it was not possible to rearrange adLninistration, plus the fact Chat there was a setback needed from Madison. The setback from Lyric Lane still meets city code. He stated there is no basement under a good share of the buiZding', and the building was not really built to increase the size of it. By adding on to the front, they don't have to depend on the �other utilities in the nursing home and can build on for less money. He stated the nursing home really cannot afford even this. The State sets the rate they can charge for a patient and the nursing home has to live within that budget. . ' Mr. Su�ers, 7553 Lyric Lane, stated he has lived on Lyric Lane since 1968 and watched the nursing home being built. He stated the nursing home does not use the front door at all. .As he has observed, the traf£ic for the people coming to the nursing home comes off Osborne, goes down Madison into the nursing home parking lot, and leaves on Madison, This new proposed driveway vould increase the traffic in front of.their hames. He was also concemed about the children csho have to walk. , Ms. Judlicki stated, that as Mr. Suumiers has stated, most of the traffic does come off Osborne Road. She staCed the'only people'using the Lyric Lane access would be relatives of residents in order to drop the residents off at a cenCral location. Right noa� all the residents have to come'through the west entrance. That means all the traffic is coming through the living quarters of the residents which malces privacy almost impossible. The new driveway would take the trafflc to the main area of the nursing home. The employees and sCaff would conCinue to use the parking lot of£ iiadison. Mr: Langenfcld asked Ms. Judlicki approximately how many people she felt would be dropped off at the main entrance in a day, PLANNINC CCR�iISSION MEETING JUNE tF 1980 PAGE 6 Ms. Judlickt seaCed it would be 4-5 residents at the most. This access would also be easier for outings when they hire a bus or a van, because it would be easier for the residents to get on and oft a bus. . Mr. Barsness,7589 Lyric Lane, stated he was concerned about the traffic. They would like to think of Lyric Lane as a residential street, and now it was in danger of being a too heavily Craveled street. He stated he also had a second concern not yet menCioned and ChaC was the fact that directly east of the nursing home is a large apartment complex. The apartment comples has a parking lot running north and south with one enerance onto Osborne.'He did nct live in the neighborhood at the time the complex was built, but he under- stood that the apartment complex also came befoxe the Planning Cou�ission to have an access onto Lyric Lane, and that access was denied. He stated there are sti11 a number of cars who use Lyric Lane to get to the aparYment complex parking lot anyway. He stated they do not want to deny anything to the elderly, buC if an access is allowed onto Lyric Lane for the narsing home, it �oould be pretty hard to deny the easement for the people in the apartment complex, The neighborhood definiCely does not want an easement £or the apartment canplex, Ms. Hughes stated that if there was a front entraixce, was it the intentian of the nursing home to close off the west entrance? Ms. 3udlicki stated they would not close that entrance because of the employees and other people who regularly use it now, I�s. Schnabel stated she was not totally conuinced Chat putting this drive*�*ay in was going to increase the traf£ic that much. As she saw it, Che driveway would be used on two occasions. One wwld be for dropping off the handicapped o; elderly person at the front door, and the other would be in inclement weather when there are several passengers 3n a car and those passengers are dropped off at the frQnt door. Otherwise, if she were a visitor who had a relative in the nursing home, she would not use the £ront entrance at all, but would always take Madison, park in Che lot, and walk to the easiest or closest entrance. From a practical :tandpoint, she could not see how this proposal would increase the traffic thaC cmch over what currently existed. Fram whaC she has heard so far, the traffic is really related to hospital traffic or possible apartmenC traffic. i Mx. Harris asked how many residents are intfie nursing home. Ms, Sudlicki stated there are 129 nursing home residents. Ms. Hughes asked Ms. Judlicki what happens,to the people visiting the residents who are handicapped. Ms. Judlicki stated they are dropped off ae the west entrance. They have a handicnpped parking slot by the west entrance, but it is on a slope so it is very difficult for a person handicapped in any way, Ms, Hughes stated that with the driveway being one-way to the west, this would require anyone using the driveway to malce a left turn off Madison and a left turn off Lyric Lane unless tl�e traffic was coming ftom the east on Lyric Lane. This could be a dangerous traffic situation if there are people stacked up to turn left. She was also concerned about whether school buses or vans could make that turn easily. • 1C ��; 1F PLANNiNG C�R�SSION MCETiNG JUNE 4, 1980 PAGE 7 Ms. Nielsen stated there was also the problem in the wintertime when the snow is piled up. This would make visibility very difiicult and could be an even . greater danger Yo the children. ---- - Mr. Buhn stated that Mr. Johanson had said that the reason for enlarging the nursing home parking lot and getting more parking at Unity is because they can't handle the amount of cars Chey have now. That has to be proof that the neighborhood is going to be subject to more traf.fic than it has now. Ms. Carroll, 7567 Lyric Lane, stated she lives practically across the street from the nursing home. Her children walk to school, play and ride bikes'in the street, and she is concemed about the traffic. �- Mr. Johanson stated L-hat rather than do anything Co upset the neighbors across the street, they wouid rather do nothing. He has been on the Hospital Board since the day the City put him on the North Suburban Hospital District. They have worked with the people on Lyric Lane and haye planted trees and done everything to keep good relations with the neighbors and would like it to stay that way. He was concerned about the children also, but he could see a real benefit to the older people living in the nursing home to have that entrance. That entrance would be very little used. Ms. Barsness, 7589 Lyric Lane, stated she was also concerned about the traffic and the children walking. She works at Unity and walks to work. It is espebially dangerous in the wintertime. She is opposed to the access off Lyric Lane. Mr. Oquist stated that the concern expressed by Mr. Barsness was something the Planning Commission should discuss, and that was regarding the apartment building complex. If they allow the entrance for the nursing hame, they would have to consider the apartment complex also. . Mr. Treuenfels asked anyone in the audience to answer a question and that was how much they would estimate the traffic to increase if this particular drive- way off Lyric Lane was put in? ' Ms. ?Zielsen stated that, after the nursing home addition, she would estimate an increase of 50 or more cars in a 24 hr. day, i Mr. Stmmmers stated he agreed with that figure and further stated that most of those cars would probably come off Madison, make a left-hand tum onto �Lyric Lane, and a left hand turn into the nursing home driveway, which woul'd put traffic across the westbound traffic that is coming down Lyric Lane right now. The cormnent was made that Chis would be a one-way entrance, but he felt that even though you put up signs, people are going to go both directions. Mr. Harris asked whexe the deliveries are made now. Mr. Johanson stated that all deliveries cane to the rear of the building. A11 mail deliveries come to the wesC entrance. . . . _ __ . . _ _.._ . _ ; :l � PLANI3ING C�MMISSIQN M6ETING JIJNE 4 1980 PAGE 8 Mr. Sunmiers stated that most of the neighbors have expressed their opinions II that they are concernsd ab wt the traffic. They do not look forward to seeing a driveway added and not one o£ them is in favor of the driveway, _ Mr. Johanson had already sCated that if this was not agreeable to Che neighbor- hood, he would go along wiCh that. Mr. Johanson stated that, yes, they probably would; however, if they spend money to go around the back, they will not have the money 'to spend on the land- scaping they had planned. They are trying to do the nicest thing foz everyone. Mr. Langenfeld asked Mr. Johanson that if the driveway was not agreed upoq, how great a hardship would it be for.the nursing home? Mr. 3ohanson stated they have been p2anning this for tlose to a year, and they would probably Cry to come up with an alternative plan. They feel there is a real need for the expansion. Ms, Hughes asked about the Hospital Board for.the nursing home that Mr. Johanson had talked about. .Mr. Johanson stated the Hospital Board consists of three members who run the nursing home. They are Betty Wall_of the North Suburban Aospital District, Dean Tollefson of the FirsC National Bank in Blaine, and himself. MOTION by Ms. Schnabel, seconded by Mr.Langenfeld, to close the public hearing on SP �k80-04 by the Fridley Convalescent Hcme. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 9:07 p.m. Ms. Hughes asked if there was enough access eo the 6uilding for fire emergencies. Mr. Boardman stated that fire access is made primarilq from the street, and there is no problem with that. of the amendment to Specia escent Aome: Per Fridley C ce from Lyric Lane because al, office and classroom-me Manor Addition, the same be �e followine masons: ,-_.1. There appea _ __. presented b 2, There are s in terms of Lyric Lane. 3. The precede ent Mr. Langenfeld to reco�end to Cit Use Permit, SP #80-04, by the Prid ty Code Section 205.051, 3, F, to f expansion of the nursing home, to ting space located on Lot 1, Elock na 7590 Lyric Lane N.E., Fridley, M �erwhelming need for the access as �ers . __ ._ problems with the one-way conf-igura ieer because of a left turn required might be set for other a cess onto Lvric Lan2. an � _ . ._ _._ , .—_ ..... ... _ . _..._ . ._ .-�.1'+t .__. ... _ ...__... __ ._ _ . i PLANNIAG CaN1IfLSSION MGETING, .TUNB 4, 1980 PAGE 9 � � i� Ms. Hughes stated that it appeared to her that the parking lot that is being considered to be added only encourages the use of the west entrance in the back. If they really want to encourage use of the front door, they should consider using the large area to the east in some kind of a parking lot that wwld include a driveway Curn-ar wnd. The concerns of a disturbance to the uursing home residents by havin$ a drive close to them can easily be accommo- dated on that lot by moving the parking lot away from the residents and having a large grassy area between the building and the parking lot. They could still have the dxop-off by having a one-way drive that comes in close to Lyric Lane. This ahould all be considered by the traffic people. � Mr. Langenfeld stated it was his opinion that the traffic was definitely a problem. The petitioner has stated he may consider an alternative method. At this point in time, he could see the feasibility of such a drop-off for the residents; however, he was inclined to go with the motion to deny entrance off Lyric Lane. Mr. Treuenfels stated that one of the reasons for denial in the motion was the possible precedent they would be setting �or other driveways onto Lyric Lane. He would like more information on what they would be getting into with some- thing like this. . Mr. Boardman stated that the reason this driveway petition was brought to the Planning Commission was because of some questions in the original special use permit as to wnetheY a driveway would or wcald not be allowed to Lyric Lane. In reviewing the previous,minutes and information, SYaff felt this would require an amendment to the special use permit approved at that time. That is why it is�before the Planning Commission. He stated that anyone has the right to have access onto_a..street. If the apartment building wants access Co Lyric ,: Lane, the Staff would•most likely say "no" to that access. There is nothing in the city codes that can stop that access. It is primarily an administrative judgment, and if the apartment building disagreed with that judgment, then they can appeal the staff judgment. Mr. Harris referred to page 15 of the agenda (Minutes of the Board of Appeals, I1ov. 6, 1968) noting the second stipulation in a motion made by himself: "The new plot plan is agreeable with egress on Madison St." It was the Board of Appeals feeling at that time, and he has not seen any reason to change that feeling in the past 12-13 years, that they wanted accesses to the project off Madison St, because they felt any turning on Lyric Lane would present a safety hazard, That was the reasoning for the "no egress" for the apartment building and the nursing home. Under the present proposal,-it was his opinion that the turning from either direction would create a traffic hazard with the amount of traffic already on Lyric Lane. It was the Board .of Appeals feeling, and was still his opinion, that they wanted to see uninterrupted traffic flow down Lyric Lane. Mr. Boardman stated he had a question which dealt with the code requirements on setback of parking as compaxed Co setback of driveway. In a driveway situation, there is no setbacic from the right-oP-way, primarily because that driveway has access/egress off the street and therefore allows a driveway to go to the property line. When they rua into problems is when a driveway .. .. ...._ ... _._... .. . ___... _.. . ..__. .._. . •-�wf�r _ . , , 1I PLANt1ING CO;R?iS5I0N MEETING JUNE 4 1980 PAG� 10 becomes part of a parking lot and there are no accesses off Co Che streeC. Therefore, they look at it as a setback of 2Q ft. from the property line. If this driveway is not accessed off onCO Lyric Lane, then would the Planning Commission view it still as a driveway or a driveway as part of a parking lot and therefore have to meet Che 2Q ft, setback requirement? If it has to meet a 20 ft. setback requirement, then it cannot be located in the front yard without a variance. He posed this question for the Planning Co�ission's consideration, because the Planning Commission may or may not have to act on it at sometime in the future. Ms. Schnabel stated that in thinking about the motion, she had decided she would vote against ihe motion for the following reasons: 1. She dfd not think the circumstances of Che handicapped have been truly addressed in trying to decide how these people are going to be easily picked up and dropped off at the nursing home, specifically if the entrance is not permitted, -The petitioners have indicated they are having difficulty currently wlCh their handicapped people trying to geC them in and out, and she did not think they have really addressed the needs of those residents of our city. She has had qu£te a bit of experience.recently with nursing home patients and can relate to the problems these people are experiencing in trying to provide all services to their residents, She found the best. argument against the drivec��ay was the argument of additional deliveries, Yhe mail, United Parcel Service, etc. She agread with that concern, but perhaps those issues could be solved by specifically delineating special areas for package deliveries, other than mail. 2, in talking about putting one driveway on that side of the street, they fail to realize that across the street each one of the people in the audience represents a driveway that d'oes come out on Lyric Lane, maybe another ten driveways coming out on that side of Lyric Lane, with the same situations existing--that there are children walking in the street, there is traffic, and the many other things brought up at the meeting. Because oi tkat, she felt it was hard to find a real reason not to provide the access to the nursing home via only one driveway. She could not, in good conscience, deny the nursing home that easy access. �. Mr. Wharton stated he agreed with Ms. Schnabel and would also vote against the mo[ion. He felt this driveway off Lyric Lane is a very prudeut driveway, He felt the petitioners have shown a need and he has not been convinced during the meeting that the txaffic is going to increase on Lyric Lane to any degree over what residences on the nursing home side of the street would have or what he has on the other side ot his street by having residents who back their cars out of the driveways. Ghildren run a much greater risk by having neighbors across the street with driveways into each home than he felt the residents along Lyric Lane would have with one driveway across from Chem goin� into the property only. _...._.. _--.._ _._ .__ .... . ... .....__... __. ....._. _ . . _ _. _ '�''1R'e'! PLANNtNG CONU�IISSION MCETTNG JUNG 4, 1480 • PAGE 11 ' Mr, Wharton stated that the idea of a driveway going over to the east end of Che property with a cul-de-sac or parking lot is not going to be a convenience, because cars out of necessity would be going east, discharging their passengers on the south side of the driveway, The passengers would have to walk across Che driveway Co get into the building, or else Yhe car would have to proceed to the cul-de-sac to turn around and come back west to discharge the passenger. This could be more of a hazard than a benefit. Mr. Oquist sCated he did not think the question had been answered about the precedent setting regarding the possibility of the apartment complex want�ng access onto Lyric Lane, Mr. Harris stated that from a practical standpoint, he felt if they start allowing accesses, they will be setting a precedent. SCaff can say "no", but the aparCmene people still have the right to come in and ask for a variance or mitigation of the circumstances. Ms. Schnabel stated she disagreed with that. It k'dS a completely different situation wiCh a whole different set of hardships, The apartment complex would, in efEect, be creating a whole new street from Lyric Lane to Osborne, which would be a completely different situation from that of the nursing home. Mr. Boardman agreed with Ms, Schnabel. He stated there are two completely different siLuations with two different procedures--a variance procedur.e requires proof of a hardship, whereas, under a special use nermit, no hardship fs required. Mr. Langenfeld stated this was a very difficult thing to make a decision on. He was very much aware of the needs of the handicapped people by nature of hfs profession. It was his hope that some alter.native decision might be made that would meet the needs of the citizens as well as the handicapped and the nursing home. . Ms. Hughes stated she works with handicapped p ersons every day 1nd is well acquainted with some of Che problems they have in gaining access to buildings. She did not think any of the considerations suggested in the motion wexe an imposition on the handicapped. What the petitioners presented was not informa- tion about how desperately they needed access for ehe handicapped,with the exception that the�� don't want them coming in the west door because of the problems mentioned, She felt it was not the Planning Commission's job to plan the access to the buildit�, but to let the petitioner go back aad make some new plans and arrangements. A M�[i7 HAP.RIS. AND LANGEA'FF.LD VOTING A1'E Mr, Harris thanked everyone for coming and stated this would go before the City Council on June 16. ;1J .._. . _ __ ...._._._.._ . _._ _..._ . . _. _. _... . _ _ . , -e�r."°r PLAt7NING COPL`?lSSION MECTiNG JU�IE 4, 1980 PAGE 12 Ms. H�ghes stated xhe would cuggest that the F.nergy Commission meet with somcone from Unity Hospital to encourage carpooling and vanpooling by their employees. : (Ms. Hughes left the meeting at 9:G8 p.m.) Chairman Harris declared a ten-minute recess at 9:49 p.m. 6. COtITINUED: PROPOSED CHANGES TO CHAPTER 205. ZONING P_ age SO 205.12 P DISTRICT REGULATIONS 205.121 Uses PermiCted e N �� 1 K Mr, Harris stated that at the last meeting, there was snme discussion regarding Item 1, Principal Uses, and that some of these uses should require a special use permit. He had suggested that the Commissioners think about this and bring back suggestions and concerns at this meeting. Ms. Schnabel stated that since this particular item did refer to parks and the development of parks, she would like to delay the iYem until Ms. Hughes could be present to discuss the item. MOTION by Ms. Schnabel, seconded by Mr. Langenfeld� to table discussion on "Principal Uses in P District Regulations" until such a time as Ms. Hughes can be present for the discussion. Upon a voice vote, all wting aye, � Chairman Harris declared the motion carried unanimously. Page Sl ' 205.122, 205.123, 205.124, 205.125 �1. Change "any other district" to "those districts" Page 52 205.13 'C-1 DISTRICT REGALATIONS 205.131 Uses Peiwitted / A 3-D. Change to -"Banks, £inancial institutions, and ott�er uses having drive-in facilities." . 205.133 Lot Requirements and Setbacks 1. Lot Area - should read: "Minimum lot area of 20,000 square feeC is required," Delete "I,ot Width" - Item 2 _ . . ...._. .. ___ ... _ .. _ _ _.. . . . . _ . _. . , , ; 1L PLANNiNG Cd;R4ISSI0N MEETING JUNE 4 1980 ' PAGE 13 P R 53 _ 205.135 Parking Requirements �i. Delete "and that those stalls be provided upon request of the City when and if a parking problem occurs". , Ms, Schnabel suggested that "at the discretion o£ the City" be inserted after "reduction of parking stalls would be allowed". ' P_ a�e 54 �2. "Will be required" should be changed to "will be provided" Delete all o£ first Item �4, "Design Requi.rements" Pa�e 55 #4-F-1. PaRe 56 "minimum should be changed to "mara.mum" MOTION by Mr. Oquist, secon3ed hy Mr, ldharton, to delete #F4-H "PaYking stall designation," Upon a voice vote, a11 voting aye, Chairman Harris declared the motion carried unanimously. Yage 56 • _ ' � ..______�__ _ _Change all_of Item I�as�follows: _.. . _ ___.. _- - -- T. Loadin� Docks � t the o handle J. Change "Zoning Administrator" to "Ctty" and unl s K. "to be approved by the Zoning Administrator" should be changed:to "to be approved by the City" �5. Change "Zoning AdminisCrator" to "City" and delete "striping" in $th line. 205.136 Performance Standards �1-A, Put a period after "zoning" in first sentence. Add Item B as follows: "The City Council shall require a Special Use Permit for any exterior storage if it is demonstrated that such storage is a hazard to public health, safety, and general welfare. pLANNING COMMISSION MEETING JUttE 4, 1980 PAGE 14 ' MOTION by Mr. Lan�enfeld, seconded by Mr. Oquist, to continue discussion on Proposed Changes to Chapter 205. Zoning. Upon a voice vote, all voting aye, Chairman Harris declared the motion carxied unanimously. The Planning Cammission set Monday, June 9th, ab 7:30 pm,as a special meeting to discuss Chapter 205. Zoning. ADJOURNMENT: MOTION by Mr. Wharton, seconded by Mr. Langenfeld, to adjourn the meeting. • Upon a voice vote, all voting aye, Chairman Harris declared the June 4, 1980, •• Planning Coum�ission meeting adjourned at 11:12 p.m. Respectfully submitted, Lyn Saba Recording Secretary � c1 _ _ _. . _ _. , _ . , -„�,,.f � _.� .r� i - C4U�ViY --STATE AID— HfGHV'IAY I�.A. 8---___ I._.___ 11 � ' -- _ _ _ L��: _ . -- r � , .. _ `y. •, q a.�' �.' �� t' . a1 �I .. /J d � " ' � O �. _ [�_ _�_ 11 ` � L •dJ . .. r+�� . - ' . � i,4 PL F _. ; _..�,�. � � x-p 1nl�lYlHF ' � �� nn...v�. i 63u t u.� u i aJ � �i 620� r �r `�be ,• .;} , SP �180-04 i i , ,�?r.2 � ` r,7e s I Fridley Convalescent �dursing Home �� ,µ.re� _. ,,,�_ _ ,�� f � �' a � s �„ 7590 Lyric Lane �, �•�.fr Y [ �.+•:r:rs � —�c��_ � .. ,, �.,��.� , �A�o,� -��' ,�6, ,..�r^. .�: „ � o;.;;. :� 3 � " � � ; .,: � ° i < �.+� i II 767$ . � �r•,r',a•s � C.._ = I� iB�.sr. 610 ' S-�9 „ ��-E *�ESO ° s ti l 6�0-690 =--=— � . . � i I I z,t.�o fre � 163A . 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C't/ s •� > y. /,j `�! }� /� . • + ,. �/'\��'j?iO� %I �yhf�Y �l. �'l�I...��"'n� �.f �.!`lli� N � . 1 0� �•( 1_ 1/ �' d � +.� �� .� �� / i .�.�"` ... ; ;V' .�\ �y'' :.• Oa, f, .,rr .•.r. d Mt( �jy j' r; ' .'d � lf ��,f� f (i � . . / ��i 'A r . �_� I 1as,� +-- ��j t� ^ t � A , � �N �..�.71�� ' 3e .3� s �iil , �it'°'� d�' � '%�qr0� �i.�,-, i � �j. 1 �,, � .� 'I ,ro / ti ."� r� :�q 1`, a \ o^ � i ° .0 i; � � �ot'� i / .'°s r .1, ='495 � 1.. CI TY OF FRIDI,EY APPEALS CO" 'dISSIOPd T�`FETING TUFSDAY, P:iAY ?7 , 1980 PAGE 1 CALL TO 03DFR 'io 9 Chairperson i�is. Schnabel called the D:ay 27, 1980 Apgeals Commission --� - [�eeiing to order at 7:35 P•i�i• ROLL CALL PQembers Present: tiis. Schnabel, [�:s. Gabel, P+;r. Barna, i�:r. Plemel, iJir. Kemper DTembers Absent: None Others Present: Darrel Clark, City of Fridley, Chief Building Official itiichele Foster, Rauennorst Corp. Nancy King, 5430 5th St. N.E., Fridley Harlan King, 5430 sth St. N.E., Fridley Eugene Kreuzkernper, 6881 Highway r�,�-6j, NE., Fridley Richard Tkaczik, 12315 Gladiola, Coon Rapids, Sirn Lund, 2735 160th La_a1e; Charlies In Fridley APPROV9L OF 'i�IAY 1, 1980. ,9PP�'ALS COi.!:�:ISSION T:tIPIUTES: T�Qs. Gabel stated that the minutes should be corrected to show that there was discussion ensuing regarding the agenda item of that meeting. P30Ti0N by t:�r. Barna, seconded by :ir. Plemel, to approve the corrected :�:ay 13. 1980 Appeals Commission i:;inutes. UPON A VOICE VOTy, AI,L VOTING AYE, CHAI:�Pi.RS6N SCl-LVABEL, DECLARi.D THE Iti0TI0N PASS�D UNANIi�:OUSLY. 1. i. (xeauest by :cauenllorst �orporation, , i,linneapolis, T:iinn. 55�31 T•i0TI0N by t.�s. Gabel, seconded by it;r. ISemper to remove from the tab3.e. , venue UPON A VOICu VOTE, ALL VOTING AYS, GHAI:tPL:RSaN SCHAIABLL, DECL'�,:�ED THE I�+i0TI0N PASSED UN.'1P1IPd0USLY. I�Is. Schnabel then read the staff report: APPEQLS COl'"'"ISSIOP� i"'�'FTIPtG P:;AY 27. 1980 PAGE 2 -- ADt11NISTRATIVE STAFF REPOkT 5750 Ptain Street N.E. A. PU6LIC PURPOSE S[RVED DY R[QUIRE11EhlT: .Section 205.134, 4C, requires a mininum rear yard setback of 25 feet. Public purpose served by this requirenent is to provide adeyuate upen space areas around industrial structures for aesthetic and fire fighting purposes, 6. STATED HARDSFIIP: Uue Lo the cantrov�rsy over the requested front yard setback on 5730 !1ain Street, the applicant has decided to set the tvao buildings (5730 & 5800} facing tlain Street at the required 100 foot miniti7um front yard setback and ask for a reduction in the rear yard setback for the 5750 �1ain Street building. C. ADt+IINISTRl1TIVE STAFF REVIEVI: The petitioner has been asked to consider the rear yard variance rather than a reduction in the firont yard setback. 7he rear yard is adjacent to the railroad tracks and the impact of a reduced setback is therefore lessened. TEie staff has no objections o� s�ipulations is the 8oard decides to approve this request. Mr. Clark stated that Rauennorst has restudied the site plan, and that they have noav �tir�ed the buildin� to the rear, so thst the angle is parallel witn the tracks. They now have the front of both buildings facing i-ain street setback to r:eet the proper front setback.:He stated that they no�rr have to have a Variance for the four feet in the rear. ia;r. Clark stated that they have gone over this site plan with the staff, and trie Fire Chief, and that they would still have fi.re access. He stated that they would have a crossing over the spur track in the rear.. He further stated that there �vas only the railroad tracks to the rear of the building.. .. - � Prlr. Clark stated that regarding the neighbors concern for the drainage, that the area designated for drainage would not now be a pond, but that it would be a drainage area, using a rather new concept. He stated that they �vould put in about five feet of grated aggregate, covered tivith a poly filcr., which would then be covered'with about one foot of soil and sod. He stated that the blacfitop would be a pondin�; area, and that the �vater then would drain into the draina�e area �vhich has the under�round drai.n system. He stated that theoretically this systen should work, and that there should be no standing water in that area. He stated that he felt that they have answered the conce.rns of the Commission mer,ibers, and of the residents, in that area. � APP�'ALS COi'P�ISSION ""�'ETIPIG 61AY 27 1980 PAGE 3. � Q Pris. Schnabel questioned if i,4s. Foster had anything to add? r+1s. Foster stated that they have tried to deal with the concerns that were expressed since she had last been before the Commission, and that she would ansv✓er any questions if the Commission, had any questions. D1s. Schnabel then questioned if there was anyone in the audience that would like to speak on this i�em.? There was noone in the audience to speak on -this item. h:s. Schnabel and T�,r. Barna expressed their satisfaction wiih Rauenhorst in in the ne�v site plan, and their dealing with the concerns of the neighbors. t.;r. Ker�.per s'tated that he ielt that the purpose of the ordinance was still being raet, if this variance was granted. P+?s. Schnabel questioned if they were planning on putting in any plantings in the drai,nage area? [4�s. Foster stated that no, only be about one foot of be suYficient for sod. it was not possibl.e, bscause there would soil,. in the area� which would only i;is. Foster stated that the drainage area is calculated to be able to handle 6 inches of wa4er in a 24 hour period. Tli0TI0N by :3r. Plemel, seconded by I�ir. Ker�per to close the Public Hearing. UPON A VOICE VOTF AI,L VOTIidG AYE, CHAI�PERSON SCHNABuL DECLARED TI-� PUBLIC HF9�IiVG CLOS�b AT 7•47 P.i�i. b:s. Gabel stated that she also was irapressed with the szte p7.an, and she felt that they have made a good atter,:pt at r•.eeting the concerns e:cpressed. She further stated that she would like either Rauenhorst, by themselves, or in conjuction v✓ith the City Council, though, to deal vaith the tra?fic flow. She stated that she would like to see some thoughts given to how best the traffic could be kept off o? blst which is residential and onto ,57th, P<";OTION by �sir. Plemel, seconded by D:r. Barna, to reco�<<mend to the City Council, approval of the request for a variance pursuant io Chapter,?_O5 of the Fridley City Code, to reduce the rear yard setback irom 2� Feet to 21 Feet for a building addressed as �750 :;ain Street, Part o£ a proposed 3 building Complex, addressed as 573a� 5750, and 5800 iiain Street I3.E., Lpcated on Lot 3, Auditor's Subdivision No. 78. (Request by Rauenhorst Corporation, 7900 Xerxes Avenue South, i:pls, i•iinn. ) UPON A VOIC� VOTE, ALL VOTING AYE, CHATRPERSON SCHNABEL, DECLAR�D THE i„OTION CAicRIi�D UNAIVIi30USLY. APP �AL5 CO��"il+�ISSION I':�ETING i:AY 27. 1980 PAGE %k 1R 2. i:OTIOIv' by Rir. Barna, seconded by :.:r. Plenel, to open the Public Hearing. UPON A VOICE VOTF, AZL VOTIfiG AYE, CHAIRP�RSON SCHNABEL, DLCLARiD THE PUBLIC HEARING OPENED AT �:50 P.:+i. P�is. Schnabel then read the staff report: AD�•1INISTRATIVE S7AFF R[FOR7 5430 - 5th Street tl,E. A. PUBLIC PUkPOSE SERVE7 6Y REQUIR�hEPdT� Section 205.063, 1, requires not less than 10,000 square feet in lot area for a tvro fami ly dvrel l i ng uni t. Public purpose served by this requirement is to avoid the condition of overcrovrd�ng in a residentiat neighborhood. Section 205.065, 2, requires a lZ stall garage for each dwelling unit. Public purpose served by this requirement is to make provisions for off-street parking in cases where a garage is required and there is the indication ihat more than two parking stalls tivill be needed. ' The City requires a garage to be setback a minimum of 25 feet from an alleyway when the garage door is parallel to the alleyway. Public purpose served by this requirement is to allow off-zlleyway parking without encroaching into the right of way. B. STAT[D HARDSNIP: The variances are needed to convert a single-family dwelling into a ti-,o- family dwelling. The garage is already built and after lot splits �vere granted, we are left o-�ith a GO foot by 130 foot lot, lJant to save open area in back yard. � APPEALS CO`4f`ISSIOPI r'FFTIN(' i^ v 2� % 1980 PAGE i 1 Cv` C. ADMIWJSTRATIVE STAFF REVIE�I: Originally, this building site was comprised of Lots h,5,6, and 7, making a total lot size of 160 feet by 130.21 feet. In December, 1978 the ovrner, Dan-Lan Development Corp., represented by Harlan King a company officer, ___:_._ applied for and obtained a lot split to split off from this site, the s� � of Lot 6 and all of Lot 7 to build a two-family dwelling on, and sold Lot 4 to add onto the lots to the north to build a tri-plex on. This building site was consequently reduced by the lot split and the selling of Lot 4 to only 7>II12 square feet from the original 20,833 square feet. As of this date, Lot 7 and the SZ of Lot 6 are vacant and still o�aned by Dan-Lan Development Corp. and could be added back to this building site to prevent any variances from being necessary, on either this building site or the building site made up of the S'-2 of Lot 6 and all of Lot 7. ___ _ The variances for lot area and side yard setback that were approved in January of 1979 on Lot 7 and the S'-z of Lot 6 have no�a expired from non-use as the t�•+o family dv�elling that was to be moved in has not been done and no building pe rniit has been applied for by the owner for a new struciure. P:Is. Gabel questioned if the garage was legal vlhere it was pre- sently? Ihr. C1ark stated that no it rvas not. P�;r. King stated that was one of the stipulations for the orrner of Lot 4�, that they vaould have to move the ga.ra�e for �:ir. �iing. nir. Iiing stated that �an-Lan no lon�er owns the South z of 6, and I,ot 7. ;=is. Schnabel questioned if �ir. Iiing knew was the plans were for the So.z of Lot 6 and Lot 7? i.Tr. iiing stated �that the ovrner planned to build a double. :'.ir. Clark stated tnat the ov;ner vrould noiv have to reapply, because the variance had expired froa non-u;e. He stated thai: for znyone to build a douole bun�alo�v on the So. 2 of Lot 6 and Lot 7, they woul.d have to reapply for a variance. ic;s. Gabel questioned if they were pla.nning to do any work on this structure to r�aJce it into a two fatnily d��ielling? T+`:r. iiin, stated that it is a basement lvith a walliout, and they do not use this area. He stated that it rvould be about 600 square feet, and a one bedroon area. P.i�. Schn�bel questioned if he planned to add to the size of the si:ructure in anyivay? i+Ir. ICing stated that no he did not. He vrould enlarge two �vindows, finish new vvalls and ceiling, a:�d possibly a ne�v shower stall, and add a bathroom vanity, a.nd enlarge the blthroom already there. He further stated that there v�ould be riinor electrical, and plumbing to be done. He stated also he v.�ould put in the kitchen, and the kitchen appliances. He stated that he would do riost of the ivork himself, APP::ALS COIr�i.IISSION i;�'ETII7G T:iAY 27, 1980 PAGF 6 .� .f. Pds. Schnabel questioned where i:ir. King planned on placing the garage? P�1r. King stated that now the garage f�,ces the street, and this is the only driveway on ihe block. He s'tated that he wanted to ----- turn it around so that it ��rould face the alley. He stated that � if he had it turned around sideways with the alley, it would cut up his yard. He stated that it r�ould not be attached to the house. I�r. King stated that this area v�as zoned R-3 and that it is the only sin�le fatr:ily d4vellin� on the block. D'is. Schnabel questioned hovr r,iany vehicles ��:r. King has? __:._, P:Ir. King stated that he has three vehicles. I.",r. Schnabel questioned ho�v he was planning to manage three vehicle and possibly a tenants vehicle? Pnr. Kenper asked if I:ir. Clark could point out on the aerial picture the homes in the area that have gara,ges. T.:r. Clark pointed out the garages in the area, and stated that on 5th Street there are no garages. P.ir. Cl�.rk stated that the code stated that ther� is to be one, and one-half par.king stal.l ga.ra;e for each occupant. ;:1r. King stated that his gar�,e is 26 long by 20 vaide. T::s. Schnabel questioned ho�a� r�any feet. o£f the property line would they move the garage? P:;r. Iiing stated that it would be five feet off the property line. He further stated that he planned a patio and he would then extend the pavenent along the gara�e for extra parking for his van and '. other venicles. He also stated tha� the garage would be five feet fron the house also. ilr. Ker.iper questioned if this sin;le family @tivelling, with an apartrient in the basec�ent �•+ou1d qualify as a double bungalo�v? P,ZS. Schnabel stated that she could not answer that. P:;r. C1ark stated that he didn't think that this qualified as a double bungal.ov+, as he felt that ��ould be a ra,�bler with the quarters side by side, he stai;ed that it tvouLd be a two fa�aily dwelling, or a duples. i��Is. Schnabe� then read the City's definition of a double iSung�law. The Comr.�ission concurred that this would not fit the description of a double UunLalow. APPEAI,S C0�'T-iISSIOi'1 :.i�,FTIfdG '�AY ?.7, �80 PAG� 7 l U i+is. Gabel questioned whether �hey should a�ply the zonin� requir- c�ents of R-3, or the requirements for the type of building it �vould be such as a duplex, or double bungalow? I�is. Schnabe� then read the City's definition of a dupler., and -. the definition for axi apartment. She stated that she felt that this would be then called a duple:c. iir. Kemper then �sked erhat the requirerents for a duplex in an R-3 zone would be? ir�s. Schnabel stated that all it states �vould be the requir2ment for 1 and ,a stall gara,ge for each unit, and two off street parking stalls. and no front ya.rd parking. P,ir. Plenel questioned if :��r, Kin� had �zy floor pla,ns of the lower leveZ? i�1r. Kin; stated that it v�as a rough dra�ving, and then sho�Ned the Conmi�sion the dra��ing. Discussion ensued as to which requireruents this type of d��velling �vould be categorized.under. i',1s. Schnabel stated that the lot tvidth oi 60 feet, also does not m�eet the require.nent. D�s. Gabel stated that in the nast i£ a person built a R-1 house in an R-3 zone, they would have to neet all the requirements for an R-1 zone. i�Tr. Barna questioned if the basement was fully excavated out, even the jog of four feet out the front? t,ir. King stated that yes it was. G:r. Itemper'questioned if the reason £or the request for this change in the house svas because ;,:r. King and his wiPe didn't use the room in the base�;.ent, and there£ore would like to convert it to a one bedroom unit for added income. i:1r. King stated that yes this was the case. :',ir. Kemner stated that he vrould like to talk about the hardship. He then e�plained that one of the requir.er.;ents for a variance being granted v✓as that there be a definite hardship. i•ts. Schnabel stated that there is confusion at this point. She stated that she felt that the City needs to get a clear picture of this situatioz3 and a specific �vay of nandling this reguest, as she feels that this may be the �vay of the future. i.is. Schnabel stated th�t ske felt that the staff would have to come up with definite xequire,r.ents and de£initions for this, and that she would like to mee-L- witn them and have this item tabled to the June 10, 1980 Appeals Corinission raeeting. APPEALS C0�+1[:;ISSION ,+:EETING i:AY ?_7, ]980 PAGE 8 .T+T�. King questioned if the Commission could deal with the variance regarding the moving of the garage this everiin�? P�Zs. Schnabel que;,tioned if anyone in the aizdience would want to speak on this item? t:Ir. Richard Tkaczik stated that he ovmed the other lot, and that he would like to have the garage moved so that he could begin his plans for the lot. i„s. Gabel questioned thai. under the provisions of the lot split, couldn't .:ir. King r�ove the garage? • :vTs. 5chnabel stated that i£ ��1r. King put the garage the required 5 feet from the house, he vrould have a 2$ foot driveway. LIr. Clark stated that personally he would rather see the garage 10 feet from the house, and setUack only 20 feet for the driveway. i�is. Schnabel questioned if they hadn't given variances for other garages in that area? I+Ir. Clark stated that they had granted ttvo variances dotivn the block, and the garages 1��ere setback 20 feet. i,?s. Schnabel stated that since this was not R-1 the City Council has the final approval, and that they like to look at al]. the varianee requests as a package. L�s. Schnabel stated that they could have ths assurance thzt tne garage �vould be noved, and that she doubted that I-:r. Tkaczik cauld get going on his property any sooner tha11 it �^�ould taJce °.:r. I�ing to have his requests handled. �.i0TI0N by r.is. Gabel; seconded by ;+ir. Ba,rna to table agenda ite;:� 2 to the June 10, 1980 Appeals Com.mission meeting. UPON A VOIC�� VOTE, ALL VOTING AYE, CHAT�PE:iSON SCHNABEL �ECLA:^.ED TH� i'i0TI0Pd PASSF.D UNANIi:iOUSI�Y. 3• iRequesi, by �ugene Yreuzke;�per, , Fridley, '.;;PI. 5�4�32) • T:�OTION BX T��r. Kemper, seconded by .,s. Gabel, .to open the Public Hearing. UPON A VQICE VOT� AI,L VOTING AYS, CHAIRPERSON SCHNABEL DECLARED TH�,' PUBLIC H�ARING OP�NED AT 9e10 P.;;L 1V APPEALS COi+u�2SSI0N i:?i�TING :rIAY 27. 1Q80 PAGS „� 1 l`� f:1s. Schnabel then read the staff report: AU�4IP�ISTRNTIVE STAFF REPORT 6881 Hi gh�ray NG5 N. E. A. PUBLIC PURPOSE SERVED [3Y REQUIREP1ENT: Section 214.042, A2, requires a maxir.�um sign area of 24 square feet for a free standing area identification sign. Public purpose ser��ed by this requirement is to control visual pollution and excessive use of signs in a R-3 zoning district. B. STATED HAR�SHIP: "Need welcome sign and be able to specify what is available in rooms; —. • advertising Fridley events, e.g. school, etc." C. AD�i1INISTRATIVE STAFF REVIEW: A variance was granted in 1969 to allctia the existing 150 square foot sign to be erected. The hardship stated at that time was the distance the building was set back from Hightiaay �65. The applicant now wishes to add a 4 foot by 5 foot reader board to the existing pylon sign vrhich would make the total area 170 square feet. i.4s..Sclvlabel asked if �:r. Clark would like to add anything? "ir. Clark stated that this a for a motel on High�vay i;{6�, and tha_t what has transpired v�as, that 7 years ago or perhaps even 10 years ago, a. colored TV si� �r�as put up beloK� the original sign, then this spring, the present ovmer removed the colored TV sign and put up in its place a ��essage center sign. He stated that they ivere +..hen notified Uy the City that they would have to renove the sign, or apply for a variance. I.;s. Gabel stated that now the present City require�:.ent for sign code, is 30 square feet. I,Yr: Clark stated that if they use the R-3 zone, 24 square feet would be �he r:�axicnu��i. f.ir. Kemper questioned if to be in corr.pliance for this particular property, since they v:ere once granted a variance, that it would have to be 15� square feet? P��s. Gabel disagreed, she stated that it was the intention, that when the old sign was altered, or came down for repairs, or :.�. ,.�U ,.�,, .».��: ::..r...r,; Ax ?'1' 19i",IU Pt1Gi. 0 �. ,yi i replaced, that then it would have to meet the existing code, or reapply for a variance. ,"�Tr. Kemper questioned i£ the variance was on the si m or the property? I�YS. Gabel stated it wa� for the sign, not the property. i;1r. Clark stated that this was not a le�al non-conPorming use. i��r. Barna stated that if that �vere the case, that then they v�ould never be able to have a.11 the oversized signs to conform with the existing code. iie further stated that he felt that somewhere it stated that if 50� of the si{� is dai��aged, or altered that they would then have to conform to the existing code. i:;s. Gabel stated that the si� is a legai. non-conforning sign. '`� She then ^ead the �tater.ient "a legal non-confo�rr,�in� sign, sna11 immediately lose its legal non-conforming designation, if the sign is altered in any way in structure eYCept for nor;,ial maintenance, and change of n:essages, which make tnis less in compliance w�ith the ordinance than it was before this alteration." "Or twq the sign is relocated, or three, the sign is replaced, or four, the sign becomes delapitated, or the sign beco�nes dar,�a�;ed, and the cost of bringing the sign into compliance is more than 50 J of the economic v�lue of said sig,n, then the renainder of said si�n is to be re.;�oved." She stated that the petitioneer is then in violation because he has altered the sign. i+'Ir. Kreuzkernper, the petitioneer, caae' forv�ard and stated that the reason he put the r.essa.ge board up, was tha�t he felt that not that many people knec� that there was � r::otel in Fridley. He st�ted tha�L then the salesc:an ca'r.e along, with a raessage sign, and he purchased the sign for around �1,000.00 He stated that then he took the color TV si�n dovm and used the sane brackets, and everthing to hang the nev� r,iessage si� board. He furtner stated that he didn't feel that it would directly increase his occupancy, but that he �vanted to say sor.;ething with a.nessage, and let Fridley know that there vras a motel there., Iv:r. Kenper questioned how long he has had the sign up? ir:r. Kreuzkemper, stated that he put it up aUout 2 months ago. :�Ir. Plenel sta�ted that he noticed that the first thing advertised was the waterbeds. �,Ir. Kreuzke:nper stated that STes but that is one item that he h�d something to say, but other than that what eZse can he say? :�:s. Gabel stated that if this has not increased business, that she questioned what the hardship is? i�r. Kreuzlcemper stated that the har.dship is that he purchased the si�n for about �1,000.00 and that if he couldn't u,e it now, it was an economical hardship. , APPEALS CO'..;i�iI5SI0N [.IE?:TING °,1AY 97 1980 YAG�' 1 �, Z Y , ;,1r. Kreuzkemper stated that he hasn't done anything but take down the colored TV sign, and then added the nessa�e board which if anything beautifies the si�n. He further stated that he has taken tne rust off the sign and beautified the whole si€;n, by painting it and painting nev� letters on it, since he has been ---- — in there. t+ir. Plenel questioned if.he had it lit all night? :Qr. Kreuzke:aper said no. `:,r. Clark asked if it didn't flash on and off at one time? i�ir. Kreuzhemper stated that it works but that he doesn't use it. i��s. Schnabel stated that the City does not per:nit flashing signs � in the City of Fridley. She further stated that this sign went fron a 12 foot sig,n io a 150 £oot sign with the variance. P.s. Gabel questioned if and �rhen Highway 65 had been upgraded? I+ir. Clark stated that it has not been upgraded since the motel has been there. ieis. Gabel stated that to be re�listic, they h�,ve granted variances alan Highway 65, rvhen there h_a.s been a hardship, in t'.:at people cannot see a sign, but that sYie felt that no, one could see the message boacd, unless they �ver� going 2� m.p.h. or less, but that they can see the Sunliner_iotel sign well. _".;r. Plemel stated that ne would be against granting this variance, in that the purpose oi a siUn is to let peo�le Y.now you are there, and th�t purpose has been r:et, without the 7essa_ge board. added. I;:s. Schnabel questioned if the petitioneer had aa�ything else to state? I:ir. Kreuzke,;�per stated that he felt there was nothing mora to say, if the Car.;;iission ha.d its minds :aade up, he further stated that variances are granted everyday for various reasons. He stated that he bought this sign in good faith, and he didn't think another two feet �vould �ake �zy difference. He further stated that he felt that they were all there to hel� one another out, not to causa a hardship on one another. He stated that the :nessage board does not extend outyin any way but th�t it is Uetween the two original pylons. He stated �hat it only goes do�rm about one foot lon?�er than the other sign, and he couldn't see why they couldn`t bend a lii�tle bit for that little bit. He further stated tha.t if this or�inal si�n were to blow do�•m, he would not put up a.sign ;:hat big hi:�self. He stated that the si�n is hard to maintain and that he needs an aerial la.dder io fix it, and that he is not fond of it, but that is the si� that is there. He stated that he has owned the :notel since December of 197E3. i�,s. Schnabel stated that her personal view was that wnile it was a noble gesture to want to advertise civic events, she felt that since it wasn't needed to advertise his business, that such a message board sign was not needed, and does not pose a hardship. APPEALS CO°1,TISSION `tEFTING i:,AY 27,�, 19$0 PAGE 12 � z I,lr. Kreuzkemper, stated that although he didn't use it directly for advertising, he had hoped that it would call attention to the Fridley citizen� that there �,vas a motel.there, in case they or their relatives had a need for his motel. Mr. Kemper questioned wha:t type of �essages he had on the reader board in the ti�e he had the board up? iIIr. I�reuzicemper stated that on one side it advertised his water- beds, and on the other side he had put a pun on prone positions wnich he feels mos't people don't understand anyvray. i�'is. Gabe1 stated that she could unders�tand why the sign hasn't improved business sppreciably, because a person cannot see, or read it from the highway. '�•1r. Kreuzkemper stated that he disagreed, in tha.t people can read it. He stated that several people have noticed that he has waterbeds ?roM the sign. He iurther stated that with the econo�y in a recession, and ,aany people laid off, that it was difficult in this short period of ti7ie, to be able to te11 if the sign has or hasn't helped his business. He stated that less people are traveling also. i�7r. Barna questioned who put the colored TV sign up there in the first place, and if the colored TV si� v��as included in the varianc° granted for the 150 square foot sign. PrTr. Clark stated that the previous owner had placed the sign up there, and that no it was not included in the 15� square foot varianc2 tha't �vas granted. :•Ir. Kemper questioned if they have ever done any studies on highway safety rega,rdinU rnessage boards2 ,llr. C7.ark stated that no there hasn't been. L,s. Schnabel stated that if she rerembers right when they went through this before, that noone would ad:r.it that they ha.d an aocident because of a sign. ; �:IOTIOY by i.Ts. Gabel, seconded by :�1r. .Plemel, to close the Public eFi ar ng. UP�N A VOI�F V�T�, ALL VOTING AYi', CHAIRPEftSON SCHPdABEL, D�CLAR�D THE PUBLIC HEARIDIG CLOSED AT 9:50 P.i1. ;�1r. Keiaoer stated that he felt there was a hardship, that the petitioneer. has spent $1,000.00 -$1,200,00 for a sign that at the time tnat he purchased the sien in good faith he didn't �iriOlY that it would create a problen. He iur�her stated that now if the petitioneer is denied the variance, he has a sign that he would not be able to use. P�is. Gabel st.3ted that when they were studying these reade.r bozrd signs, th3t she recalls that their liie span is not terrifically 2onv. � APPEALS CO�.;PiISSION �:SF'ETING ^?AY 27. 1980 PAGE 13 j{� i�is. Gabel questi-?ned the petitioneer if the salesperson had mentioned to him what the life span of the sign would be? r4r. Kreuzkern�er stated tl-iat he did not know, but beca.use it was made of aluminun, he felt that it would not rust out. He further �� stated that he felt that iP the si� was well :uaintained that it would last considerably longer than if it is not well :�zaintained. ivIs. Gabel stated that the point she did not feei th3t she could variance for the sivn, but that terM £or the sign to be up. she was trying to make was that vote to grant an indefinite she could vote on a reasonable '.10TIOPI by :°.s. Gabel, seconded by I:ir. Ba,rna, to reconmend to the City Council that the request for a variance pursuant to Chapter -"'- 214• of the Fridley City Code, to increase an existinU sig,?� from 150 square feet to 170 squa.re feet, to allov� the addition of a 4foot by > foot message board to be added to this existing sign, located on Lots Sr 6, and 7, B1ocY. i, Valley View i�ianor, the satne being 6881 Highwa,y ;�6�, fd.E. (Request by Eugene FKreuzkemper, 6881 Iiighway ,u6j iV. �. , Fridley, i.iinn. 55�32) � be approved 4vith the following stiroulations: 1. That the variance will terminate on July 1, 1981, at which time the r�essa�e board will be rer:oved, and is not renewable. 2. That ii the motel is sold the csessage boaxd nust be re;-��oved ir�mediately. 3. That the 'color. TV' sign n�ay not be replaced, or reinstalled. UPON A VOICE VOTy, :SR. Ky:�iP^R, i�:S. SCH1VAt3iL, I:.S. G9BEL, AND i�iR; BARIVA, VOTING AYS, !1IVD i'�:R. PLi�^�.,';:SL VOTING NAY, G'H�1I?,P :RSOid SCHIQABEL, DECLARED THE i-i0TI0N PASS :D ON A FOUR TO OiV� VOT�. t*.s. Schnabel stated that this itera would go to the City Council on June 16th, 1980. � . �. OTH�R BUSINESSs F;Is. Schnabel stated that they h�,ve an item beiore thern that is not on the agenda, ��rhich is from "Charlies in Fridley". (See Attachr�ent). She stated that the request is for an extension for their sign on the roof, for another two years, and in addition, they would like to put up a perraanent sign in the front, which would allow then to advertise the food �d the b v�ds that are there. i�is� 5chnabel stated that the reason this is corae before them, is that the tir,ie has run out for vrhen they granted the sioz for the food and cocktail si� two years aoo. She sta.ted that eviden�ly it was staffs interpretation that it was not necessary to go through the normal procedure, of public hearings etc., because this is something that had been granted before. tyis. Gabel stated that she felt that when a time limit is set on a variance, that if the party would want to rene�v, that she felt that they must �o through the entire process again. l�,r. Plemel stated that was his feeling a1so. i�is. Schnabel stated that she would riot have a problem acting on the si� for the roof this evenin�;, but that for the other per:�.anent sim in the. �front tha.t is requested, that ..ir. Lund, would have to �:��ly for i �. I APPEALS C0�:1".4ISSION :IF�TIPIG e.iAY 27. 1950 Pa�e 14� IBB 1Ir. Clark stated that maybe i:;r. Lund r,�ight want to consider a wall sign instead of a pylon sign out front. D'is. Gabel questioned ii he was asking for a per.manent variance? r:r. Lund stated that he would prefer an indefinite variance instead of a two year extension. Ms. Schnabel stated that she would rather �ust have a two year extension, because she felt that at this time 1'r;r. Zund did not have the rest o� his signage clearly though out, and also, should this establishment change ownership again, she would like to have another chance to review it. E1r. Clark stated that he would like to suggest, that rathsr than makin� it a tti•�o year extension, he would l.ike to see it reneivable with the liquour license, which comes up annually each April. r+; TION by �:is. Gabe1, seconded by :�ir. Ke�;per, to recommend to �he ^ity Council to grant an extension of the roof sign at "Charlies In Fridley", until the liquor.license renevral in April 1982� to be reviewed at tha.t time a�ain, by the Appeals Cor�uuission, and also to be revievaed if the property changes ovmership. UPON A VOIC� VOTE ALL VOTING AYr., CHAIRPERSON SCHNABEL DiCLA:iE9 THE i�iOTIQN PASSED UN!dP1I;�:0USLY. :s`is. Schnabel stated to the �etitioneer would go to the City Council June 16, should be present at that tine. 4. A. Liemo ;,'r. I,und, that this also 1980, 2nd the petitioneer F':s. Schnabel stated that they had recieved a necno from ;;iark Scott, Chairperson of the Anoka. County Conmunications :^lorkshop (9CC�^1) ior ca,bel TV. She stated that they are asY.ing each of the Coruaissions if they v�ould like to help and .ma}:e the co,n;nu:zity more aware of what is going on in the City govern�nent. She then read a portion of the r:emo: "T suggest that Srour Commission consider a prograr, that is a vmapup of your meetings. The structure of the progra:l can vary greatly, and there are no time restrictions. The prograca nay be sir�.ply, one of your ner:ibers stating the ite;as on your agenda, and statin� what action was ta;ien. If you have any questions in exploring i;his idea please call the workshop". i+':s. Schnabel stated that this was brou�ht out at the Planning Co��iaission, and they were asi�ed to please bring it do�^m to the rest of the Conraissions, to get their reactions. ��is. Schnabel then questioned if any Conu,�ission me:�:ber felt that they had the time to represent the Appeals Co�,imission on Cable TV :to please let ther:�selves be know. No Commission n?er�bers volunteered. � QI'PT'ALS CO^i'lIS5I0I! f'�EFTIIVC "AY 2� 1980 PAGE 15 1CC 4, D, Public Hearing on T�,x on Property t�1s. Schnabel stated that some of the things tha't were brought out in terms of housing at the public hearing on Properiy Tax Assessments. _._ . . She s�ated that the City �lssessor raade the remark that they did •an evaluation of over 300 horne sales in the City, and stated t a the average value piaced on those homes by the City Assessor was ��3,800.00 and the actual average value of the sale price was 6?_,000.00 She stated that the reason she brought �his up was to give the Conrr.ission members an idea of the average cost of a house in the City. She further stated that this goes back to her thought earlier on the previous agenda itern considering the apaxtQSent conversion, in that they rrould prohably be seein� this type of reques� more, and more oiten as the prices of _ housing increase. ADJOII:�NiiiENT : P�°.OTTOPd by i�:r. Barna, seconded by �ir. Plemel, to adj�ourn the Paay 27th ,1980 Appeals Corcuaissiori r�eeting. UPON A VOICE VOT�, ALZ VOTING AY'3, CHaIRPERSON SCHNABEL DECLA.2'.D THE APP�ALS CO',!:'siISSION t:iu�TIiJG ADJOU�^d::D AT 10:45 P.i,i. Respectfully submitted, �.� `�/ e �--� Elaine Reed °ecordin� Secretary . . %`�� '--a.i. ['v^.` � d S � . . 1� ---�.-.�..�_ . .':. � _- ° Varience •.. �.: -�:"`+. S 'S / p p � � � . � 1DD 5730, 5750, 00 Mai n� Y: , � ` ''` ��' _-� R / V E ff --- � ' � � Rauenhorst C rp: , . �.,.. � � -� �"' ---- � � �' � .. �:� � �'<,.� •� . � � . �-"_`--i .___ Ri , �- � �. F• ;;:� il' '"••- f - _ . ...., '� . _ ., � .t s�� . 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I��y� Sign Lease �Charlies in Fridl �Susan Angrimson �} I�� , �� ,.. , � . d — .;.,� . .- a � . – ' . - ' �� ' a � � �: • q� Y � � i; �� . :,r� Z . 7 � � � i:3' . 4..�Z � .� , ��' !a� � 4. � . � �. 2 t� y' • I .i�,`: I � ,g i � ..�.Y �� - _..._� :� �{ - -� , � Y � 4 { � �� i,5, . �;; �1, �r�.____�_u ;1�.. �. �� L�. .. .' . 1 ".. � . � � �� : '; � �:'' '�` t I io' .�_ _� �;_ � �,�` , '£.•�-u'\g. I �� `' ;i�''� � i� , : � �.� 4 �r�� ; : _l1_i .� 1 I , f � _... "=�1 �`< < � � k � . �j . ..- ..' . . 1 ii Ik �i �1` 1��i � ' •>..� .... .,.;' lII �; " ,r � � � r' r�►,t�.j � ��. ...:...� , .� ' •�•„ ' r � , � �,'� ; � ;...:- :, . ,� -�-,-. , . �:.. �, . � � I�,, ' ,� � o y �..t' ti �.. � � � : ,.,: :;� i E r�`.:e;. �� 1� . ,l : 'o,.�I � 4 �; � i��.a:-. ,. . ti� �I �i :,��'4► '� � !41 ' �-l+� (�=,�-,.:�..;7-- �.... � �r 4�i•;'' ��. � �1 .� Y�� r� . �� . . rr „. . �<,. � , ,� � _.. . :,�' ' h f�b %` 1 � . --�� . a . .� . i=�.\ri' •''� . ' �� ;� � ' . �'4 ; ��j i ��•~� �Ip{� � � � I;.i :!, .�-l.. �� -= . ..-. . � �y__:_– } � � : : r--- ; � (� - -_ i�j! � ,- „-� ! t "-;-=- �.� i,.:�.:. •:� � .� l :s ;' _'.'; ' � , _,'. ;;+j ,�\`�-��l� I�._r.._ �7i I �`\� i . � , . .. ,,� l_ �._.�;s ' . .. -- ��. '< -: i--.. :.: .�., .. . �. . �;. �'�:.3 I :� � �' � I I' � �� ( i I +4 i—. I I � � F � -. I '�- i'"� i � �, : -� ..� ! I � - -� jj I ii i� . �I � il � � I ' ;� �� .�� ; � i I � , ��i �! � .. . . . . . . ____ _ __ _ _ Sign Lease Charlies in,Fridtey REGIILAR MEETING OF JUNE 2, 1900 PhGE 2 a9enJa sincc Mr. Lenhart, ormer and operator of the CantcrbuYy, Pub, was not present at this time. � , � NEH BUSINE55: RECfIVING PLANNING COMt4I5SI0N f4INUTES OF fMY 21> 19E30: Mr. Flora, Publit Vlorks Oirectar, stated this is a request for a special use ��.. permit to allow the construction of a 22 x 22 foot accessory buildin9 for � stora9e of a boat and car at 290 Ely Street. The Planning Corimission unaniniously recomnended aPProvat of this special use pertnit. MOTIGN by Councilman Fitzpatrick to concur with the recommendation of the -Plannin9 Coirnnission and grant special use permit,.SP i/80-03. Seconded by Councilrroman t�loses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � / 1G1 '"' 1JJ MOTION by Councilman fitzpatrick to receive the minutes of the Planning Cortmission t4eeting of 19ay 21, 1940. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a request a�as received from Charlies in Fridley to approve an extension of the variance for their`sign. He po9nted out this busioess has chan9ed ownership and the original t�vo years atlowed for this siqn has expired. It was th� feeling of the Council this matter should be referred to the Ptanning Comnission. �" Mr. Qurnshi, City Manager, felt this could be done> with a grace period given for the sign. MOTION 6y Councila:oman Moses to refer Yhis matter to the Planning Co�ranission and allow Charlies•in Fridley a 60 day grace period for this sign. Seconded by Councilman Schneider. Upon a.voice vote, all votin9 aye, fAayor Nee de- elared the motion carried unanimously. CONSIDERATION OF FIRE FIGIITIt7G FIUTUAI ATD COPITRACT WITH ANDOVER: lATIGN by Councilman Schneider to authorize the Mayor and City Manager to execute the agreement with the North Suburban hfutual Aid Association for the inclusion of Andover in this Association. Seconded by Councilman Barnelte. Upon a voice vote> all voting aye, t•tayor Nee declared the motion earried unanimously. Councilr+oma� Moses asked if there is a certain allocation of streets in the City which may be designated as State n;a streets. Mr� Quresh�. City Ptanager stated at this time about 20; of the City streets can be desi9nated as such. M07ION 6y Councilman 6arnette to adopt Resolution No. 55-1980. Seconded by � Councilman Schneider. Upon a voice votc, all voting aye, i•tayor tiee declared the n�otion carricd unanimously. : REGULAR MEETiNG OF MA.Y 1, 19;R . .r��cw__'ve�yi.;:.. �. PAGE 6 8? 4.' EAST RANCH EST_P.TES ?R7 .4DDITION, BY t•tARQUE7TE S7ATE BANK, P. S. P78-03: MO7ION Gy Councilman Ramernik tn set the public hearing for May 8, 19J3. Seconded by Councilman Scfir,eider. Upon a voice voie, all voting aye, Mayor 1lee declared the r.ation carried unar,ir„ously. 5. MARQUETTE STATE BRPIK 20A s78-02, 225 0560kF1E ROAD �J.E.: MOTION by Councilman Hamernik to set the public hearing for Nay 8, 1978. Seconded by Louncilman Fitzpatrick.� Upon a voice vote, atl voting aye, Mayor t�ee declared the moYion carried unaniirrously. 6. THEOOORE BURANOT, ZOA Y7E-03, 941 IIILL41It:0 ROAD tt E: MATION by Councilnan Schr.eiGer to set the public hearing fnr June 12, 1978. Secor.ded by Councilman Barnet:e. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirt�ously. . 7. APPEALS COwMIS5I0N h1IP1UTES Of APRIL 11, 1978: A. RESERVE SU9PLY COMPAWY, 511� Nu4I1: 5?REET• Nr. Sobiech, Pu61ic k'orks Director, s:at�d this is a request for a variance to reduce the side yar6 setback from 20 feet to 10.5 feet in industrial zoned property at 5110 Main Streat. kr. Sobiecii s!ated the Appeals Comnission recema:ended approval of the rariarce r�ith the stipulation that the location of tt�e iire hydrant arid access to the rear yard he approved by the Fire Department. �?r. Sobiech Stated the petitioner is in agr2ement with the reccme;endation of-the Fire Oepartmant and will install the F�drant antl insure proper access to *_he hydrant. MOTIO�� by Councilman Fitzpatrick to concur with the recoirmrndation of th= Appeals Co�nnission and arant the �•ariance to reduce the required side yard � setback fro� 2D feet to 10.5 feet ri:th tF.e stipulztions, as require6 by ±he Fire Depm-trrent, on tiie iire hydrant ai:d access to the rear of the buildinu. Seconded by Counci7Ran Schneider. Up,n a voice vote, atl Yoting aye, Mayor I�ee declared the motion carreed unaninousiy. lY-� B. HOUSE OF LOR9S, 5290 lRfI9EP.S[TY AVEP;Uf. N.E., JC:'"1 FUFI!G�T• Mr. Sobiech, Public Works Director, stateC this is a request ior a variance to the Sign Ordinance to increase the maximum square footag? for a wall si5n in a comnercial area from 80 square feet �0 95 square feet. He stated the sign orould be locateC on the roof tc tretter advertise'their bwiness. Ftr. Sobiecb �tated the Appeals Co:missien recerrended aporaval �aith the stSpulation there be a Yime lin�t af tv�o years `or point cf review and irtmediate revieri at.ary tima at n�hi�h the property �iould be resold prior to the t�+o year tim=. Mr. Sobiech stated he enCer>tards R;r. Purmort xould not want a permanent rooftop sian, but until the area is impruved, he feels the need for advertising purposes. H�JT[ON 6y Councitman Hzneraik to concur y;ith�the recor:enendation of th_ � Appeals Comriission and grant the vae•iar,re to the Sign Ordinance *_o iacrease the maximur.! foot?,e Por a r:all siyn in a comercial erea from 80 square feet to 96 square feet with the stipulation reg?rdin9 the time limita±ions, as reconnended by the Appea7s Cemm?ssion. Seconced by Cocncilman Bar•nette. Upon a voice vote, all voting aye, Nayor Nee declared the motion cerried unanimously. • MOTION by Councilman Scimeider to receive tfi� minutes oF the Plan�in9 Comnission Fteeting of April 19, 1978. Secnnded Sy Co�ncilman Na;nerniY.. Upon a voice vote, all votin9 aye, Mayor tiee declared the r.�o;ian carried unanimously.. P.ECEIVIhiG THE CHARTER CbM�+,ISSION F1InUTES OF pt4RCH 28, 7g78; NATION by Cour.cilman Namernik to receive the minutes of the Charter Comnission Meatir.9 of hlarch 2:i, 197t3. SeconJed by Co�ncilman Schneider. Upon a '"-• ---------------'--_. ... _. ._�....--- ..-----•---•---..�—'-° --.__.___,..,._._....�.._......__� 1KK .p. ... �/� �' i `Z DRAFT SUBJECT TO FINAL APPROVAL CATV COMPIISSION MEETING MAY 8, 1980 . -__ CALL TO ORDER: Chairman Weaver called the meeting to order at 7:36 p.m. - ROLL CALL: Members Present: Duane Peterson, Ed Kaspszak, Larry Chevaliez, Harold Belgum, Burt Weaver Members Absent: None Others Present: Clyde Moravet2, City of Fridley Terry O'Connell, Northern Cable TeleVis�.on APPROVE CATV COMMIS5ION MINUTES: APRIL 10, 1980 The following amendments were made to the minutes: Mr. Kaspszak asked that the word "accepted" be used instead of "acceptable" on page 3, last word of the first paragraph. Mr. Weaver asked that the words "would be to" should be replaced with "that we" - on paqe 4,second to last paragraph Mr. Kaspszak also asked that the wording on page 4, second to last paragraph,be changed from "was asking a lot of them" to "was askinq for a dramatic change in the procedure". Mr. Kapspszak also asked that the word "subscribed" should be chanqed to "prescribed" on page 5, second to last paragraph. MOTION BY Mr. Chevalier, seconded by Duane Peterson to approve the April 10, 1980 minutes as amended. UPON A VOICE VUTE� ALL VQTING AYE, CHAIRP4AN WEAVER DECLARED TAE MOTION PASSED UNANAIMOUSLY. Nlr. Kapspzak questioned the statement on page 3"See Attachment" saying he did not receive an attachment. Mr. Moravetz explained that it was an attachment sent only to the Council along with the report that was sent to them. Therefore, that statement required no correction. l. RECETVE OPERATION UPDATE FROM NOTHERN CABLEVISION Mr. O'Connell,stated that the MCC soard �aas meeting kIaX 9 to eithex accept their staff's approval not to accept the franchise or to accept Northern's wording. When questioned if he was at liberty to report any news not published in the paper, he said it is all public, such as the original channel is not on Channel 6 as the state law requires it to be. MCC does not like the wording of the city ordinance or what they proposed in their proposal. The wording has to be agreed upon or it goes back to the City Council for further discussion. He also said that May 12 they will begin underqround construction in the area and they hope to complete Fridley by doing the underground sections that are not completed. CATV COMMISSION MEETING MI�Y 8, 1980 Page 2 z� Mr. O'Connell also said that they are using a contractor out of Anoka by the name of Stanley Lebakken who has been doing underground work since 1978 and who was initially involved in helping to build the Fridley system. He also worked with the telephone company underground construc- tion section from 1962 to 1973. Last year they used Ablecom. He also reported that a number of people in the Insbruck area have had problems. They have this iist of complaints and they have talked to the contractor and are withholding a substantial amount of money until he has satisfied the property owner's complaints. The contractor has been given an appropriate time frame in which to rectify the problems, but if he does not accomplish this in a reasonable lenghth of time, Northern Cablevision will inform the property owners to take whatever action is necessary to remedy the problem, send the bill to Northern and they in turn will withhold it from the contractor. Mr. O'Connell also commented that ___ .. hopefully by the time the "snow flies" they will have all the underground areas connected and have all of Fridley connected, except for some new areas that are being developed. They will be using NSP lines. Mr. Belgum inquired if they were forgetting about Georges in Fridley. Mr.O'Connell said they were not. Northern did not get a reply to their letter to Georges in which they informed Georges that they would invest over $20,000 for 3� miles of feeder line to feed them and they have no time duration contract. He also informed them that they were under no obligation to continue with the service at $75.50 a month because he could only have the basic cable iri there. Mr. Kaspszak asked how many new subscribers Northern had acquired on the promotion they just completed. Mr. O'Connell answered that for the month of April they had a net gain of 106 subscribers. r4r. Kaspszak also inquired of Mr. O'Connell as to how Northern had come out in terms of money that Northern owed the workshop in regard to the promotion with the workshop. Mr. O'.Connell said they do not have a statement yet of all the pledges, but that Duane Peterson is working with them to contact the people for the pledges. Mr. Peterson reported that out of $1,182 in pledges about $950 had been collected. Mr. Peterson also stated that the amount collected would be matched by Northern. Mr. Kaspszak also questioned if Mr. O'Connellhad talked about Georges' situation to the Council and if he had a copy of �he letter that Northern had sent Georges. Mr. O'Connell said he would mail a copy to Mr. Kaspszak. 2. REVIEW OF CATV SEMI-ANNUAL REPORT TO FRIDLEY CITIZENS Chairman Weaver called on Mr. Chevalier to report on the action item that was assigned to him at the last meeting. Mr. Chevalier stated that he took a summary of Mr. O'COnnell's report and asked if there were any suggestions or other information that should go out, such as information from the Commission. He passed out copies of the report. Chairman Weaver asked if there were Mr. O'Connell suggested playinq up one felt strongly about it. any afld�tions to the newsletter article. the paxt about public access ix any^ CATV COMMISSION MEETING MAY 8, 198o Page ? 2'j Mr. Belgum asked if anyone had evidence as to the extent to which people are viewinq certain programs, and if there were no records, he felt there were ways to obtain this information. on TV Chairman Weaver stated that monitoring of what people are viewing/is.not -- possible with present technology, as it is with radio. Mr. O'Connell said that Nielson is taking a physical survey for Cable TV, such as age of viewer, occupation, position in the family, program being watched. Mr. Kaspszak suggested that a survey could be done by phone by getting a list of subscribers and calling a certain percentage of the list and then projecting the figures to cover all subscribers. � Mr. Belgum questioned the Commission's responsibility to the people of Fridley such as providing time for school board and council meetings. Chairman [aeaver's response was that the Commission's major responsibility was to brinq to the people of Fridley as much variety as possible. He also mentioned that there is not much feedback from viewers. This is also typical oi council meetings. There is very little feedback since very few people attend. Mr. Kaspszak asked if there was money in the budget £or a phone or mail survey as was done some five years ago. He suggested paying $150-$200 to some civic group such as the League of Women Voters, a school, etc. to contact about 300 or so people with the questions the Commission needs answers.to. Mr. Moravetz said the last survey was done in the fall and the question- naire went out with the quarterly newsletter to all citizens of Fridley. A postage-guaranteed enveloped marked to Mr. Moravetz's attention was enclosed. ' . Mr. Kaspszak also suggested that a committee of two be appointed to answer some of the questions that had been raised in the past, and i£ there are more than two questions, then it should be done by mail. If money in the budget allowed this t� be done, then the Cammission should initiate the questionnaire and thereby entitling the Commission to control what is included in the questionnaire. AEter discussion as to whether the questionnaire should be directed to current subscribers or the the city as a whole, it was aqreed that it should cover all of Fridley, asking everyone what they would like to see. Mr. Kaspszak also stated that it should be a two-part question, such as are you a subscriber, are you a non-subscriber.. This would remove any bias. Mr. Kaspszak stated that the last time the mayor had made revisions to preamble of the franchise, he specifically stated that the purpose o£ ordinance and the franchise was to serve the needs of the community. Mr. Kaspszak felt, therefore, that if the Commission paid no attention to access and what its potential is, the Conunission would be derelict in its responsibilities to the community. Furthermore, he stated, the City of Fridley had contributed to the work shop for this specific purpose. � 2 � CATV COMMISSION MEETING MAY 8, 1980 Page 4 It was noted that the deadline for the report was the middle of May for the June newsletter. It was also noted that the contract asks for two semi-annual reports to the people of Fridley on development of cable TV in Fridley, and it has been well over a year since one has been sent out. Chairman Weaver questioned that since there is a deadline, and with the thought of getting out a long overdue newsletter, would it be better to omit some of the pbints or have all the points covered and be even later. Mr. Moravetz commented that there is not a lot of space available in the newsletter. Mr. Kaspszak stated that since the Ordinance charges public access, and so as not to neglect the Commission's responsibility, at least one para--°-,< graph should be included in this report. It was then agreed that Mr. Kaspszak would draft a paraqzaph and give it to Mr. Moravetz to see that it got into the newsletter. Chairman Weaver explained that the announcement should remind the people that,public access is available, call attention to Council meetings, and make known the fact that the City if appropriating specifically towards public access. 3. REVIEF7 LETTER TO COUNCIL ON FEBRUARY 19 MEETING ISSUE Mr. Chevalier passed out copies of the letter and Chairman Weaver asked for comments. The date of the letter_referred to in the letter, it was agreed, should be February 19. Mr. Kaspszak asked that the words "has been" in the second par_agraph, second line, be changed to "was". Mr. Chevalier said that the letter had not as yet been sent because it needs approval and a motion by the Commission first. It was also noted that Chairman.Weaver's first, name be changed from "Bert" to "Burt". MOTION by Mr. Belgum, seconded by P4r. Chevalier,that the Commission adopt the letter as an expression of the Commission and send it to the City Council and the Mayor with the changes as suggested. UPON A VOICE VOTE WTTH MR. IIELGUM, MR. CHEVALIER, MR. WEAVER, AND MR. PETERSON VOTING AYE, AND MR. KASPSZAK ABSTAINING, CHAIRMAN WF.AVER DECLARED THE MOTION PASSED. 4. DISCUSS.COD'iPLAINT FORM AS MANDATED BY ORDINANCE NO. 405.117, PARAGRAPH # Mr. O'Connell stated that complaints regardinq damage done to property are kept on file and are ogen to the public. However, complaints re- garding choice of programs are not kept on £ile: He also mentioned that although.a statement in the contract says that "the City shall be notified by the franchisee on forms to be prescribed by the Commission not less than every three months", they do not have the forms. They would be happy to comply with this requirement if they did have the forms. Chairman Weaver felt the only purpose of the statement is that the Commission fuliill its requirements as mandated by the contract. � �_____ _... . ... . . � PAGE 5 ? n � CATV COMMISSION MEETING MAY 8, 1980 Chairman Weaver said it would simplify this reporting procedure if Northern Cable TV could provide a standard form for the Commission to use. �' Mr. 0'Connell explained they only list the name and the type of complaint and � how it was taken care of. All correspondence is also on file. They have no formal form. Mr. Kaspszak commented that by keeping an onqoing report of some sort, it would enable the Commission to determine if there is a pattern to the complaints, thereby possibly avoiding a more serious problem. He further , suggested that copies of complaints be given to Mr. Moravet2, makinq them accessible to the Commission. He also said he would be willing to draw up a simple form to be used. ---•- 5. OTHER BUSINESS Chairman Weaver commented that he would like to see more ina�lmeml�ersby . �i all Commission members. To accomplish this he suggested th , choose a specific area of the community and communicate with them on a regular basis for a few months. Some areas to focuHe askedlthat each � ACCW, the School Board, or the business community Commission member come to the next meeting with a particular area in ^: mind. Two members could work on a special area together if anyone felt Y the need for assistance. Chairman Weaver also asked that before the next meeting each Commission � member give thoughtto personal time available to work on the viewer survey form. This form is to go out at the start of the new season, which would be about September 15. Mr. Chevalier asked for budget fiqures £or sending out a mailer and also what the cost was for the previous mailer. It was noted that CETA had � helped with the last mailer (which was a saving) and they in turn were � reimbursed by the City. � A suggestion was made to do a double survey - sending out a question- ' naire with a statement on it that they would also be called. Mr. 0'Connell questioned the possible need of sending out a disclaimer notifying the people that they might be receiving a phone call. Mr. Kaspszak asked who all had received the letter and Mr. Moravetz said that every mailing address receives a copy of the newsletter. Mr. Moravetz brought up the subject of the third annual convention of the NFLCP in East Lansing, Michigan June 27-29. He passed a brochure around for the Commission members to review. The registration fee is $55.00 per member. There was discussion as to who should attend. Mr. Belgum questioned Mr. Moravetz as to what fraction or percentage of his time was assigned by the City to Cable TV. Mr. Moravetz thought that less than 10� of his time is devoted to Cab1e TV. MOTION BY MR. KASPSZAK, seconded by Mr. Chevalier,that the Commission send Clyde Moravetz to the NFLCP meeting in Lansing, Michigan,and Suggested that he bring back taped recordings of the sessions that he feels would be of most interest to the Commission. This could be done by purchasing tapes, or by taking a tape recorder and recording the sessions himself. CATV COMMISSION M�ETING MAY 8, 1980 YAGE 6 2 E UPON A VOICE VOTE, ALL VOTING AY�, CHAIFtMAN WEAVER DECLARED TH� MO�.iON PASS�D UNANIMOUSLY. � Mr. Moravetz then mentioned the possibility of the Commission sending ' another person to the meeting. MOTION by Mr. Kaspszak, seconded by Mr. Belgum, that the Commission send Duane Peterson as a second delegate to the NrLCP meeting. UPON A VOICE VOTE; ALL VOTING AYE, CFIAIRM�N WEAVER DECLARED TIiE MOTION PASSED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Belgum, seconded by Mr. Che`>alieK{ to adjouzn the ---�:..,_; May 8, 1980 CATV Commission Meefing• UPON A VOICE VOTE, ALL VOTING AYE, CHAIRN�AN WEAVER DECLARED THE CATV COMMISSI014 MEETING ADJOURNED AT 9:20.P.M. Respectfully submitted, �� Marcella Baldwin Recording Secretary 0 a _ f. � % . _ 3 CITY OF FRIDLEY SPECIAL PLANNiNG COi�ASISSION MEETING, JUNE 9, 1980 - CALL TO ORDER: Chairman Harris called the Special Planning Commission meeting of June 9, 1980, to order at 7:38 p.m. ROLL CALL• Members Present: Mr. Harris, Ms. Schnabel, Mr. Laagenfeld, Ms. Hughes, Mr. Oquist, Mr. Wharton Members Absent: Mr. Treuenfels Others Present: Serrold Boardman, City Planner CONTINUED: PROPOSED CHANGES T� CHAPTER 205_ ZOIVING Pa�e 50 205.12 P DISTRICT REGUT.ATIONS 205.I21 Uses Permitted Mr. Harris stated it was his feeling that all of Item �1-B (public parks, playgrounds, athletio fields, golf courses, airports, parking area) should require a special use permit when improvements are made, because he felt these improvements impacted the neighborhoods. He stated that at the last Planqing Commission meeCing, this item was tabled until Ms. Hughes could be present to express her feelings. MOTION by Ms. Schnabel, seconded by Mr, Oquist, to remove the item from the tahle. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously, Ms. Hughes stated she has problems with special use permits. The philosophy of public use without a public hearing is that the determination is made somehow that it is for the overall public good, and the body making that determination can put the proposed facility wherever that body chooses. Those considerations are considerations of noise, traEfic, etc., but iahen you start naming how that decision is made, all those things are what are normally required and expected in a public hearing. -- Mr. Boardman questioned at what stage should public hearings be held--at a master plan stage or at the actual development stage, and to what extent should they control.it? Ms. Hughes atated she did not think they could be effective unless they kept track of every stage from very early on up: She really felt it meant a series, of public hearings. � 3A SPECIAL P'LANNlNG COMMISSION MEETING JUNE 9 1980 PAGE 2 Mr. Boardman stated he did not see where they would want to have public -,--- hearings on public improvements in the Zoning Ordinance, because he felt the public hearing stage should be a lot sooner than those improvements.; Ms. Schnabel agreed that she did not think the Zoning Ordinance was the place to write in the demand for public hearings. Maybe this is the kind of thing that should be tumed wer to the Charter Co�ission and let them review it. Mr. Harris stated he did not care how it was done as long as it got'done. The Planning Commission could have the Charter Commission review public hearings and submit a report back to the Planning Co�ission. He asked Mr. Boardman to write a letter to the Charter Co�ission for the Planning Co�ission's signature. Mr. Boardman stated he would check with the City Attoraey to make sure the Charter Commission was the right place for this to go. �1-F. The Co�ission asked Mr. Boardman to rewrite this paragraph to make the meaning more clear. Page 57 205.13 C-1 DISTRICT REGULATIONS 205.136 Performance Standards ,�3. Screening - Same changes as in R-3 District Regulations ' �3-C-1. Change to read: "Any off-street parking area which has more than 4 spaces and adjoins a residential zone." �3-D. Change to read: "All loading areas must he located in the rear or side yards, and be screened from public right-of-ways or adjacent residential zones with a 6 foot minimum colid screening fence.° Page 58 �3-H. Change "except solar collectors".to "alternating energy devices" Page 59 �5. Landscaping Mr. Aarris stated that it was his concern that with so many restrictfons on small C-1 lots, it could make them literally unbuildable. Mr. Boardman stated that the Planning Co�ission might want to consider _ putting a percentage on a building permit on the cost of construction that would go into landscaping. Some other co�nunities have been doing this. Right now Staff has control over the landscaping, but it gets done unevenly. i � � SPECIAL PLAPiNING COI�ffSSION MEETING JUNE 9 1980 PAGE 3 _. _ _-Mr. Aarris stated he could understand Mr. Boardman's point in wanting some ' guidelines, but there has to be some sensible point to control landscaping. Ms. Hughes stated she thought there was a real 11mit tb what could be done. She objected to too many requirements,but she could appreciate that Fridley is a mature community and interested in same of the amenities. She did not. think it should be left to Yhe discretion of the staff, because it did get applied unevenly. She could appreciate Staff's reasoning for wanting some standards to go by. She was willing to say a minimvm figure in the building permit, because that probably would be negotiated anyway. --•- Mr. Boardman stated he was really concern.ed about the people who plan the cost of a building but don't plan for the cost of the landscaping. If some- thing was in the books that said a percentage of the construction cost is going towards landscaping, it forces them to have to plan ahead. Ms. Schnabel stated she has always been very strong on landscaping. Besides providing the amenities, it is good taste, and as a comm�unity, they should start encouraging good taste. Landscaping reflects a coum�unity that has gone beyond the growing stages and begins to show roots. She felt strongly that landscaping should be required, but she was not sure there should be a dollar figure or even a percentage put on it. Ms. Hughes stated there were three options in requiring landscaping: (1) putting a percentage on the building permit; (2) a minimum set of dollar figures; or (3) leaving as is with total control by the City. Mr. Boardman stated he thought 1'�% of the total construction costs would be a good figure for landscaping. The Planning Coumussion concurred with 1'�% of the total construction costs as a requirement for landscaping. Mr. Boardman stated he would write that into Item �5-B. Ms. Schnabel stated it should also be termed "natural landscaping" to avoid artificial landscaping. �5-D. Change "facilities" to "access" �7.� Essential Services - same changes as R-3 District Regulations Page 60 • 205.14 C-2 DISTRICT REGULnTIONS � • 205.141 Uses Permitted �1-M. Change to read: "Other retail or wholesale sale or services whfch deal directly caith the customer for whom the good or services are furnished and are similar to those specifically allowed above.° � ' j � i, SPECIAL PLAIdNING COMMISSION MEETING 7UNE 9, 1980 PAGE 4 — �2-A. Delete "Signs" • Page 62 . �k3-E. Change "should" to"must" in the second line. �3-E-1. Put a period after "definition" and delete�rest of paragraph. Delete �k3-E-2, i�3-E-3, and �3-E-4. � Page 62 Delete �k3-E-8. �3-H. Change to read: "Facilities which may require exterior storage of materials.° Page 63 �k3-J-2. Delete "the building shall be air conditioned" �F4-B. Change "shall be required" to "may be required° Mr. Boardman stated the bike rack requirement should be included in all commercial and industrial districts. 204.142 Uses Excluded #1-A, Change to read: "A minimum lot area of 20,000 sq. ft. is required." Page 64 205.145 Building Requirements belete �1-B � Page 65 � 2Q5.146 Pazking Requirements �kl. Same change as C-1 District Regulations Delete �3-I, J, K, L as it is out of order. • Page 67-68 '" $4-F. Change "minimum" to "maximum^ �4-I, J, K, L- Sanie changes as C-1 District Regulations #S. Yarking Lot Permit - Same changes as C-1 District Regulations � 3D SPECIAL PLANf]ING COMMISSION MEETING JUNE 9 1980 PAGE 5 205.147 Performance Standards �1-A. Same as C-1 District Regulations Pa¢e 69 �3-A � B. Same changes as R-3 District Regulations �3-C & D. Same changes as R-3 District Regulations PaQe 70 �k3-H. "except solar collectors" changed to "alternate energy devices" - Same as C-1 District Regulations Pa�e 71 #5-B. Same change as C-1 District Regulations �7-A & B. Same changes as R-3 District Regulations Pages 72-80 205.15 C-3 DISTRICT REGULATIONS Mr. Boardman stated the C-3 Districts were all of the previous C-2S zones. He would incorporate the same changes as per C-2 District Regulations. MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to continue discussion on Proposed Changes to Chapter 205. Zoning. Upon a voice vote, a11 voting aye, Chairman Harris declared the motion carried unanimously. ADJOIIRNMENT • MoTION by Mr, Oquist, seconded by Mr. Wharton, to adjouru the meeting. Upon a voice vote, all wting aye, Chairman Harris declared the June 9, 1480, Special Planning Coumiission meeting adjourned at 10;06 p.m. � Respectfully s bmitted, ' r �� L tj.e Saba � Recarding Secretary � RESOLUTION N0. - 19II0 RESOLUTION OR�ERIPlG IP4PROVEMENT,APPROVAL OF PLANS AND AUTHORIZING EXECUTION OF A CONTRACT WITH NDN, INCORPORATED fOR STREET INPROVENENT PROJECT ST. 1980-1, ADDEfJDUM �r2 WHEREAS, Resolution No. 50 - 1980 adopted on the 19th day of May 1980 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached thereto for reference as Exhibit "A", and WHEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing as noted in the said notice. WHEREAS, Resolution tvo. 58 - 1980 adopted on the 9th day of June, 1980 by the City Council ordered the improvement and final plans and specifications and estimates of costs. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Frid}ey, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 49 - 1980 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix 6ituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services and other facilities located. as follows: Hillcrest Avenue 415t Avenue N.E. California Street Hickory Drive to 410 Feet North From Main Street to California Street 41st Avenue to One Block South 2. That work to be performed under this project may be performed under one. or more contracts as may be deemed advisable upon receipt of bids. 3, That the Public Works Director, John G. Flora is hereby designated as the Engineer for this improvement. He shall execute a contract with NDH, Incorporated for the making of these improvements. PASSEO AND ADOPTED 8Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ' , 1980. • — ATTEST: CI Y L RK - MAR IN . UN L WILLIAM J. NEE - MAYOR 4 RESOLUTION N0. - 1980 A RESOLUTION AUTHORIZING THE PURCHASE QF A 20 FOOT STREET AND UTILITY EASEMENT OVER THE WEST 20 FEET OF LOT 2, BLOCK 1, OSTMAN'S THIR� ADDITION - -.- WHEREAS, the City Council has ordered the extension of and improvement to Hillcrest Avenue; and i WHEREAS, the City Council finds that the improvements will be in the public interest, welfare and convenience to the people of the City of Fridley; and WHEREAS, to accommodate the extension of Hillcrest Avenue to Hickory Drive, the City of Fridley shall purchase the above referenced easement for the amount of $4,000.00, and WHEREAS, the amount represents a fair and just market value and will provide the City needed right-of-way to proceed with he improvements. NOW THEREFORE, BE IT RESOLVED, by ihe Council of the City of Fridley, Anoka County, Minnesota as follows: 1. 7he City Council of the City of Fridley accepts the above mentioned easement acquisition for the amount of �4,000.00. 2. The Finanee Director is hereby authorized to sign the acceptance statenent on the easement document. PASSED AND ADOPTED 6Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 1980. ATTEST: CITY CLERK - MARVIN C. BRUNSELL WILLIAM J. NEE - P1AYdR i ! 5 0 b RESOLUTION N0. - 1980 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT N0. --- ST. 1980-2, (MSAS) WHEREAS, Resolution No. 50 - 1980 adopted on the 19th day of May 1980, set the date of hearing on the improvement for June 9, 1980. WHEREAS, all of the property owners whose property is liable to be assessed with the making of the improvements were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the ___.. , property owners heard thereon at the hearing as noted in the said notice. WHEREAS, Resolution No. 58 - 1980 adopted by the City Council of the City of Fridley ordered this improvement. NOW, THEREFORE, BE I7 RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: l. That the following improvements proposed by Council Resolution No. 58 - 1980 are here6y ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks; storm sewer system, water and sanitary sewer services and other facilities located as follows: 81st Avenue N.E. 81st Avenue N. E. Hickory Street Univer.sity Avenue to Main Street Beech Street to Hickory Street Main Street to 800 Ft. North That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT N0. ST. 1980-2 (MSAS) 2. The plans and specifications prepared by the City Engineer for such improvements and each of them, pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under MUNICIPAL STATE AID S7REET IMPROUEMENT PROJECT ST. 1980-2 shall be performed under one contract. The City Engineer shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be opened and considered at � . ..�..; � :. :....:. ... . : :�, . ,�., ...,r._. �,. � 6 I'� Page 2-- RESOLUTION N0. - 198� 11:30 a.m. on the 8th day of July, 1980 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the City Engineer, and accompanied by a cash deposit, bid bond, or certified ___ _ check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT ST. 1980-2 (MSAS) shall be substantially in form as that noted in Exhibit "A" attached hereto for reference and made a part hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS DAY OF , 1980. WILLIAM J. NEE - MAYOR ATTEST: CITY CLERK - MARVIN C. BRUNSELL G P, IdOTICE TO BIDDERS STREET IMPROVEMENT PROJEC7 ST. 1980 - 2 Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Pu61ic Works Director, 6431 University Avenue N.E., Fridley, ��innesota 55432 (Tel. 571-3450) on the 8th day of July, 1980, at 11:30 a.m., and �aill be considered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the 14th day of July, 1980, for the furnishing of work and materials for STREET IMPROVEN�ENT PROJECT N0. ST. 1980 - 2. 1,250 cu. yds. ' 3;100 lin. ft. 1,150 tons 8,600 cu. yds. 9,800 cu. yds. Common Excavation Concrete Curb & 6utter Asphalt Muck Excavation . Granular Borrow Design B-618 All in accordance with plans and specifications prepared by John Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450). Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $25.00 for each set. The deposit :rill be refunded to each bidder submitting a bona fide bid upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified.check (on a responsible bank in the State of Plinnesota) or a bidder'�s bond made payable without contlition to the City of Fridley, Minnesota, in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the day of , 1980. � John Flora, P.E. PUBLIC WORKS DIRECTOR Published: Fridley Sun Construction 8ulletin June lt�, T480 June 20, 9II0 June 25, 19S0 June 27, 1980 "" July 2, 1980 ' July 4, 19II0 I �� MEMOf�ANDLiM ,,,,, % �---�, C�TY O P �. ;. �: , ,-�_ /�J � � MINNESOTA DATE June 10, 1980 PROM Marvin C. Brunsell sus�ec-r AESOLUTION AUTHORIZING CHANGES IN THE 1980 CITY BUDGET TO � ACT �INFO City Manager & City Council The attached resolution would authorize changes in the City budget for the year 1980 for the General Fund, and the Large Family Home Ownership Fund. No bUdget was adopted for the Large Family Home Ownership Fund when the balance of the 1980 budget was adopted. Funds for this fund are provided entirely from federal grants, or transfers from the H.R.A. The purpose of the fund is to facilitate home ownership among large low �ncome families. The changes to the General Fund are to accommodate two police grants; and for personal services. The City caill be receiving an estimated $49,600 in federal grants for special police projects. The revenue side of the budget, and the appropriation side of the budget would both be incteased by this amount if the resolUYion is adopted. In addition, salary changes are provided for on the following basis: $374 is allocated for the additional cost of the contract ente�ed into with the Fire Union. $7,228 is provided to provide additional funds for existing salary commitments. Departmental hudgets were completed pxior to the time indi- vidual salaries (1980) were worked out in detail, and sufficient funds were not provided in all areas. The balance of the funds are provided to reflect the new wage/price guidelines for 1980 for supervisory/administrative and graded employees. �^+._ _ _ , .,--_._ . �._. �o � ...,o..;:ai�.:..,.,:ea+.•s _...W III I iil IL.. RESOLUTION N0. - 1980 A RESOLUTION AUTHORIZING CHANGES IN THE LARGE FAMILY HOME OWNERSHIP FUND AND THE CITY GENERAL FUND BUDGET fOR THE YEAR 1980 WHEREAS, the City has received revenue and has incurred expenses for the Large Family Home Ownership fund; and WHEREAS, no budget was adopted for this fund;� and WHEREAS, commitments exist for existing positions within the General Fund in the amount of $7,228; and � WHEREAS, the City has committed itself by union contract for an additional �374; and WNEREAS, funds are to be provided for certain mid-year salary adjustments; NOW, THEREFORE, BE IT RESOLVED that the budget of the City of Fridley shall be amended as follows: fund 08 (Large Family Home Ownership Fund) Estimated Revenue Federa Grants Transfers from H.R.A. Apprnpriations Other Expenses General Fund Estimated Revenue Federa Grants Appropriations City C— ounci'� Planning commission Other Commissions City Management Personnel Civic Center Elections Finance Assessing $ 72,000 33,000 �105,000 �105,000 $ 49,600 � 766 359 115 2,302 317 658 329 4,810 2,607 7A Page 2 -- RESOLUTION NO �:� : , . . f { 1 „ a - . �__..:.�......_ _. ..... ..... _ ....... ,..._ . :...._.. _ _,r.:...,.....- �..:_ General fund (continued) Appropriations (continued) Po ice Fire Civil Defense Public Works Code Enforcement Planning Engineering Naturalist Parks Recreation Contin9ency b 54,423 1,532 232 2,742 2,168 1,093 1,834 323 5,365 2,733 35,108) � 49,600 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY Of FRIDLEY THIS DAY OF , 1980. ATTEST: CITY CLERK - MARVIN C. t3RUNSELL W LLIAht J. NEE - MAYOR I� CITY OF FRIDLEY, MINNESOTA SUMMARY OF BUDGET CHANGES FOR THE 1980 BUDGET AS OF JUNE 30, 19£30 1980 Changes Budget this �ENERAL FUND as Adopted Resolution ESTIMATED REVENUE APPROPRIATZONS City Council Planning Commission Other Commissions City Manager Personnel Legal Elections Finance Assessor Police Fire Civil Defense Code Enforcement Plantiing Civic Center Engineering Public Works/Maintenance Naturalist Parks Recreation Emergency Funds TOTAL GENERAL FUND: OTHER LARGE FAMILY HOME OWNERSHIP FUND Estimated Revenue ADpropriations $4,938.044 $ 49,600 $ 78,506 31,924 15,997 151,692 27,449 54,892 27,825 153,054 126,425 1,304,146 34?,596 21,773 181,188 99,958 129,871 99,754 788,137 74,360 606,359 332,138 285,000 $4,938,044 $ -�- $' 766 359 115 2,302 317 -0- 329 4,810 2,607 54,423 1,532 232 2,168 1,093 658 1,834 2,742 323 5,365 2,733 35 108) '$ 49,600 $105,000 S -o- ios o00 . .....:: Ae.�t ��a...a....iJ il II t�I Ic:.:. � 7C Ad3usted 1980 Budget $4,987.644 S 79,272 32,283 16,112 153,994 27,766 SG,892 28,154 157,864 129,032 1,358,569 349,12& 22,005 183,356 101,051 130,529 101,588 790,8Z9 74,683 611,724 334,871 249,892 �,987,644 $ 105,000 $ 105,000 06/10/80 MEMO T0: MEMO FROt4: MEMO DATE: SUBJECT: ,. - . , � _..� . _.._ ._ � � �,._. _ _. -�_ _ � �,,.�L....�I � . 8. Nasim f4. Qureshi, City Manager John G. Flora, Public Works Director June 11, 1980 Award of Seal Coat Contract - St. 1980-10 On June 9; 1980 at 11:00 a.m. in the Civic Center, bids were opened for ttie Seal Coat Street Project St. 1980-10. The streets in consi- deration are attached as enclosures 1 and 2. Three bids were received. See enclosure 3. The City estimate was $18,118.20. 6& L Sealcoating Company of Anoka, Minnesota was the low bidder at $10,266.98. Recomrr�nd the City Council accept the bid and order the contract for $t. 1980-10 (5ea1 Coat) to G& L Sealcoating Company. JGF:ik Enc. 3 � a �J � y �Y �� t.ti dcav� �.•��•�;.:•�.� •w�° o v. t, >a �.,e?� c?a.:9U�:�:)a��.? 7��:%� 3 `1VV��asUJ� 3�� ii,i '�-:N. � ��Jr)�>C-y�)Jo�`�.3'.J�JJ � -. 'f !� � ' A .,� �a '. 1'`.�l�ay '.��r� y'�77 1•�7�'/•' ,N 1��.i� �5 .i)i )��'i7t�b�ll] i`Y..� h ii'Y ..J�i„';�•> �, r,"a :a r_ :. a ��--� � uu � � �� \.1 �~ • O •�� ' L�. I \ . � � � �� l-3 page1 Exhibit "A". 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( � t � • i "j *' ^ ' - � � • `1 � ` ��_'_�Q4c �. `u , % _� :4il:, �E � � c - � I jl L' ' � "•- � w '' � �i.� �a> . � - � �' 3,� G . �� t , . �t� �. � . :::—: - '• R� / ' QJ . � ,� _, , -- - ��z ' M 0 Q � ; ��;; �� , ��. �,.._'� '1 - ��- ..�'':I�!'s . I -:: .. -`.-, �� //� ''�'.r �. .. �•:_• .: � ... ; �.. : _.i�IIL.:. • , �._�,___ ___` ,...:. 8��.:. _.�.._.�....._. �_.._ ___ _s:�_� r-�--._ . _ . ... . . . � � : , ac � CITY OF PRIDLEY ' •• ' ' � Street Project Plo. St. 1980-10 (Seal Coat) - ' gid Opening: June 9, 1980 •• - _�__... __ _ _ _ ' • (11:00 a.m.� . � . ca.',YI.�r�o:r PI,ANFiOLAER � . "' BID DEPOSIT BASa P.ID DATE ,Allied Blacktop 5% � . 10503 - 89th Avenue No. State Surety Co. $13,211.19 � --��- t4aple Grove, IdN 55369 � __..,_ . Bii;uminous Roadways . • 2825 Cedar Avenue So. Fireman's Fund Ins $13,588.65 .� ' ,Minneapolis, MIJ 55407 , � . Attn: Tom Haller ' G& L Sealcoating Co. 5% • ' .16340 No��rthen 61vd. Araerican Druggists .,�10,266.98 ' ��•� �Anoka, NN 55303 ins. Co. ' • ' At�n: Gordy Hicks . . .� _ . , �� • .� � � , f. . . .. , . / .. � . '. , , • 1 ._.._ — ` • _ :. . :::.�:;.,.,;... �Iil�iWl. .9� fOR CONCURREMCE BY THE CITY COUNCiL RECEIVING BIDS AND AWARDING CON7RACT - MOTOR FIRE APPARATUS, . � jRIPLE �OMBINATION 1250 GPP�1 PuMPeR �BIDS RECEIUED I2:�� h�00N, JuNE 12, 1980) BIDS AND RECOMMENDATION HIILL BE AVAILABLE FOR ��EETING MONDAY � ; . , ��..._._.._ _.._..._...._. .__.__. . __ _ ��. . ---- _ . . ,�_ ._,,t: .�� . � 10 FQR CONCURRENCE BY THE C1TY COUNCIL - APPOI NTMENT EFFECTIVE NAME POSITION SALA�Y DATE REPLACES KATHRYN SCHOENBERGER OFFICE $JE9 .JUNE 9, I980 JovcE FISK S�IZ RE6ENT ASSISTANT PER CRYSTAL, Mfy 55429 Po�icE DEPT. MONTH FOR CONCURRENCE BY THE CITY COUNCIL- CLAIP•�S CLAI�1 NUMBERS 157h924 - 164Z02 � 11 � __ .. _ . _ . , . _._ j`�� F.Oft CONCURF2Lr10E BY 7iIE ci�r�r couvc�t -. L1C�lSES �-L June 16. 1930 Type of License: B,� Approved By: . Cigarette • 12 Fees:. Pep Oil, Inc. L.E. Miller James P. Hill . $12.00 7298 Hi hwa #65 N E Public Safety Director • 9 Y • . Fridley, Mn. 55432 Food Establishment Miernik Vending Lea Miernik Steven J. Olson 7251 Commerce Circle Health Ins�ector Fridley, Mn. 55432 . Pep Oil, Inc. L.E. Miller Steven J. Olson �7295 Highway.#65-N.E. Health Inspector Fridley, Mn. 55432 Itinerant Food Permit Fridley 49ers Days Barbara Marvin Steven J. Olson 15709 Holridge Rd. Nealth Inspector Mpls. Mn: Retail Gasoline Pep Oi1, Inc. L.E. Miller Darrel Clark 7298 Highway �65 N.E. Building Inspector Fridley, Mn. 55432 Robert A. Aldrich Fire Inspector $35.00 �35.00 $25.00 �60.00 c � J� 'U�I Q F.OR CONCURR[�JCE �Y 7HE CITY COUNCIL - L=�risss JUNE 16, 1980 GAS SERVICES Murphy Plumbing & Heating Co. •4305 Shady Oak Road Hopkins, MN 55343 GENERAL 00[Tt'RACTOR � Hearth & Home Company 2004 Lyndale Avenue South Minnaipolis, NIN 55411 The Roby Company Inc. 7208 James Avenue South Richfield, MN 55423 The St. Dennis Company �. 12205 Thrush Street N.W. Coon Ragids, MiJ 55933 ' Sonnen Bros. Construction, Inc. 2211 Valleyview Place St. Paul, MN 55119 H$ATING Murphy Plwnbing & Aeating Co. 4305 Shady Oak I�ad Hopkins, I•IN 55343 . ThomaS Air Conditioning Co. _ 815 - 14th Avenue S.E. Minneapolis, ML1 55414 ROOFING • Erickson Roofing 3934 Xences Avenue North• Minneapolis, PdN 55412 . � � � SaGN ERECTORS � Universal Sign Company . 1033 Thomas Avenue - St. Paul, MN 55104 By: Larry Williams By: Kevin Casserly By: Dick Roby By: Joseph St. Dennis. By: Tom Sonnen By: Iarry Williams By: Jay Sharnes By: Darrell'£rickson By: Rick Palmateer /• 12 A APPROVED BY. WILLIAM�SANDIN Plbg.-Htg: lnsp. - - -. _ DARREL CLARK� Chief Bldg. O£ficia2� DARREL CLARK� -� - . Chief Bldg. Official DARR�L CLARK �� Chief Bldg. Official DARRII. CLARK � � Chief B1dg. 0£ficial , WILLIAM SASdDIN Plbg.-Htg. Insp. WILLFAM SANDIN Plbg.-Htg. Insp. DARRF,I, CLARK � Chief Bldg. Official DARREL CLARK Chief Bldg. Official FOR CONCURRENCE BY THE CITY COUNCIL - ESTIP•9ATES Smith> Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Bldg. Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor during the month of May> 1980 N. D. H. Asphalt, Inc. 700 Industry Avenue N. W. Anoka, Minnesota 55303 Partial Estimate #1 - St. 1980-1 American Contracting Corporation 1540 Yellowbrick Road Coon ftapids, Minn. 55433 Partial Estimate #1 - S& W Project No. 130 $2,710.00 $68,792.10 $81,833.32 13 � d � , . , . _ _ . , ._ _ .. .. . u .x ._,. . � 13 A STATEMENT. . SMITH, JUSTER, FEIKEMA, MALMON & HASK V IlZ qTTOHNEYS AT LAW 1250 BUILDERS EXCHANGE BLOG. MINNEAPOLIS, !lINNE50TA 55402 339-1481 rCity cf Fridley 6431 University Avenue Ne E. Frid1ey, Minnesota 55432 Attention: Mr, P�asim Qureshi, L City Manager C�N PLEAS6 YCTYRN TMIS �ONTION MITN YOV R r/�YMENT SUBURBAN OFFICE FRIDLEV � J OATE� � � � � BALANCE � FORWAftDED FROM lAST STATEMIENT 6-09-80 For legal services rendered as Prosecutor for the City of fridley during May, 1980. � Representation of City of Fridley in 107 pre-jury � trial conferences, and 51 court cases. � (47 hours), , Processing complaints including citizen inquiries and prenaration of 44 formal complaints, (17 hours - 40 minutes). Administration - Memo on drunk drivers (30 minutes). Total Time -(65 hours - 10 minutes)o May, 1980 Retainer $1,3�0.0� $1,3Q0>00 Time in excess of 30 hours $1,410,00 $2,710.00 (35 haurs - 10 minutes), SMITH,JVSTER, FEIKEMA, MALMON & HASKVITZ � � wtxax«era wr uw i