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07/14/1975 - 5465PAT RA�lSTROM COUNCIL SECRETARY PUBLIC HEARING MEETING JULY 14, 1975 � ' ' �� f ' � 0 FRIDLEY .CITY .CQU(VCIL — PUBLIC NEARING i�IEETIi�G — Jt1LY 14, 1975 7:34 P.M. PLEllGE OF ALLEGIANCE: Given ROLL CALL�: ADOP�IOf� OF AGENDA: A11 .present � Added: Consideration of a Resolution Opposing Rules and Regulations ' � of the NGm�cipal Shoreland Mar.�gement Act. . PUBLIC HEARINGS: � � PUBLIC HEARING ON IMPROV�MENT - STORM �EWER IMPROVEMENT PROJECT N0. 118 . . . . . . . . . . . . . . . . . . . . . Public Hearing opened. Oppo�sition voiced for both alternatives. Temporary so]ution without assessments favored at this time. Public Hearing closed. PUBLIC NEARING ON IMPROVEMENT — STREET IMPROVEMENT PROJECT �0� $Y. 1975-1, ADDENDUM N0. 3� � � � . � . � . 1 � Public Hearing opened. Property Owners favored no improvement at this time and agreed to take over the maintenance of the roadway. Public.Hearing closed. � . �'i . � � l � � , PU]3L.I(; FIEARIN� M�ETI��G, JULY 14, 1975 �� PAGE �2 PUBLI(; HtRRIfVGS (COiVTINUED) PUBLIC HEARING ON REZONING REauES-r,.LOA #75-03,. BY CITY OF FRIDLEY FOR liEORGE IS IN FRIDLEY T0 REZONE FROM M—Z TO C—Z;. 3720 Eas-r RIVER ROAD. ��.�. Public Hearing opened. No opposition to rezoning voiced. Public Hearing closed. 3-3D PUBLIC fiEARING ON �ACATION. �EQUEST, SAV #75—��,. BY DENNIS SMERUD, TO VACATE 4oTH AVENUE �ETWEEN �RD STREET AND UNIVERSITY AVENUE; 4603 3RD STREET iV.E,,,,,,,,,,,,,,,,,,,,,,,,,, 4-4E , Public Hearing opened. Administrative suggestion was�to � � consider the property for a tennis court or tot 1ot. Council consensus was to proceed with the vacaiion. Public Hearing ' � closed.� � I PUBLIC HEARING ON PROPOSED CHARTER CHANGES � ' AND .� . � RECEIVING RESOLUTION FROM DFL CLUB REGARDING. ' THEIR POSITIOfV� . � � � . . � .. � . . . . . . . . . . . Public Hearing opened. Comments pro and con about the ' section (Section 5.02) "subject to a fine not less than $50, not • to exceed $200." were heard. Public Hearing closed. � � 0 5-5K 0 0 PUBLIC HEARII�G MEETIfVG, JULY 14, 1975 �� PAGE 3 NEW BUSIiVESS: CONSIDERATION OF A RESOLUTION AUTHORIZI�NG AND 1�IRECTING THE COMBINING OF SPECIAL ASSESSMENTS. ON LOT 9, PARCEL ISIO AND LOT IO, PARCEL �.51�, �LOCK G, RIVERVIEW NEIGHTS ADDITION. . � � � � � . � . Resolution No. 104-1975 adopted. CONSIDERATION OF A�ESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON i.OT Z�, PARCEL 21$S, LOT 23, PARCEL ZI9O, AND E� OF Lo-r 24, PARCEL Z195, BLOCK I, RIVER— VIEW �{EIGHTS ADDITION� ". � . . . � � . � � � . . . � . Resolution No. 105-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND . DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lor 27, PARCEL 2ZIO AND �.OT 2�, PARCEL ZZIS, BLOCK l, RIVE�Vi�W NEIGHTS aDDiTION, . . ., . . . . . . Resolution No. 106-1975 adopted. � � • � 7 �� ' �1 � , , �J � � � � PUBL IC HEAR I iVG MEET I iVG, J!1 LY .14, 1975 �� PAGE 4 NEI►J BUS I iVESS ( COidTI (�iUED) � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 29, PARCEL ZZZO AND LoT 31�, PARCEL ZZZS, ' BLOCK l, RIVERVIEW HEIGi-�TS ADDITION� . . . � � . � . . Resolution No. 107-1975 adopted. � . �ONSIDERATION OF A RESOL.UTION NUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 1, PARCEL ZjHO, LOT Z; PARCEL Z3`tiS, LOT 3, PARCEL 2390 AND LOT�4, PARCEL Z�95, BLOCK .i. RIVER- �IEW iiEIGHTS ADDITION� �� . � . . . . � . � . . . � . Resolution No. 108-i975 adopted; � CONSIDERATION OF A RESOLt1TI0N AUTHORIZING AND ,� DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �OTS 37 & 38, �ARCEL 2565 AND �OT 39, PARCEL 25%O, tBLOCK .i,� RIVERVIEW NEIGHTS ADDITION� � . � .� , . . . . � Resolution No. 109-i975 adopted. � � r � li� 11 � � . . � � 1 PUBLIC NEARIi�G i�1EETING, Jt1LY l4, 1975 �� PAGE 5 NEl�i Bl1S I idESS ( CONTI fV.UED> . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE CJMBINING OF SPECIAL ASSESSMENTS ON �OT �6, PARCEL Z6O5 AND LoT 47, FARCEL Zb1O, . . _ _ . -- -... . BLOCK-�, RIVERVIEW HEIGHTS ADDITION. � ...� � . . . . . IZ Resolution No. 110-1975 adopted. ' CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON � . �OTS g& g, PARCEL Zb�S AND �OT 1�, PaacE� 2680, BLOCK K. RIVERVIEW jiEIGHTS ADDITION. . . . � . . . . . � . 1 1 � � � Resolution No. 111-1975 adopted. m CONSIDERATION OF A RESOLUTION AUTHORIZING AND � DIRECTING THE COMBINING OF.SPECIAL ASSESSMENTS ON � LoT 14, PARCEL 2%OO, LoT 15, PARCEL 1�OS, Lo-r 16, P�►RCE� 2710, AND �OT 1%, PARCEL 2%15, �LOCK K� RIVERVIEW iiEIGNTS ADDI7I0N. . � . . . . . . . . . . . . Resolution No. 112-1975 adopted. 13 14 � . _ I � • . .. I I . ' , ' PUBI:IC HEARING P�EETING, JULY.14, 1975 . . .... PAGE 6 _ - NEW BUSIIJESS (CONTINUED) CONSIDERATION OF A{�ESOLUTION AUTHORIZING AND �TRECTING THE COMBIIVING OF SPECIAL ASSESSMENTS ON LoT 10, PARCEL Z9Ol�, LoT 11, PARCEL Z9O5 AND _ . Lor 12, PARCEL Z91O, �LOCK L, RIVERVIEW HEIGHTS ADDITION � � � . � � . � . � . � . . � . , � � � . . . . 15 Resolution No. 113-1975 adopted. , CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �. Lo-r I3, PaRCE� 2915, Lo-r 14, PARCEL ZaZI�, Lo-r 15, � PARCEL ZyZS, �OT 16, PARCEL ��3i�, �OTS 17 & 18, PARCEL Z94O, �LOCK �, �IVERVIEW HEIGHTS ADDITION� .�. 16 ' Resolution No. 1i4-1975 adopted. - , � i � �� r 0 . COMSIDERATION OF A RESOLUTION AUTHORIZI.NG AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �OTS 23, PARCEL 2'�65, �OT 24, PARCEL Z9%O, Lor 25, PARCEL Zg�S, AND Lo-r 26, PARCEL Z��t�, bLOCK L, RIVERVIEW HEIGHTS ADDITION. . . . . . . � . . . . . • . 1% Resolution No. 115-1975 adopted. . � r � • � � � , � ' ' � , � , PUBLI C NEAR I iVG MEET I NG, J!J LY 14; 1975 �� PAGE 7 NEW BJSIf�ESS (COi'dTIi�UED? CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 3O, PARCEL 3000 AND LOT 31, PARCEL 3005, BLOCK L, RIVERVIEW HEIGHTS ADDITION . . � . � � . � • . 1� Resolution No. 116-i975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DTRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 4, PaRCE� 3350, AND �OT 5, PaRCE� 3355, BLOCK �, RIVERVIEW HEIGHTS ADDITI�N. � . . � . . . . . 1� Resolution No. 117-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS . oN Lo-r 6, PaRCE� 336�, AND LoT 7, PaRCE� 3365, BLOCK O, RIVERVIEW HEIGHTS ADDITION. . . � . � � . . • Resolution No. 118-i975 adopted. 20 0 �' . o . � . . ', , PUBL�C HEARING MEETING, JULY 14, i975 PAGE 8 , ', , � �dEW Bt1S I iVESS CCO�JT I�IUED) � �' CONSIDERATION OF A RESOLUTION AUTHORIZING AND , DIRECTI.NG THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 12, BLOCK O, PARCEL 5�90; .LoT 13, BLOCK O, �� PaRCE� 3395; AND �OT 14, BLOCK O, PARCEL 3�00, RIVERVIEW iiEIGHTS ADDITION� . � . � . � � . � . � � . . 21 , Resolution No. 119-1975 adopted. � . , . , � LI CENSE . � . . . . . , � � � � . � � . . � � . � , � � ZZ Auction Permit granted. 1 � ! � e . � � . � �� CONSIDERATION OF aGREEMENT FOR APPROVAL OF RICE � CREEK ESTATES AND RICE CREEK ESTATES ZND ADDITION� .. 23.— Z3 C ' Administration authorized to execute agreement. � . ' . CONSIDERATION OF A RESOLUTIOrd IN OPPOSI�ION TO RtlLES AND REGULATIONS OF TNE MUNICIPAL SNORELAND MA�tAGEMENT ACT: , Resolution No. 120-1975 adopted. . ' � • ADJOURN; 11:32 P.M. � . 1 �. _ 1 . . . � � , , 1 , � ' ' , 29� TNE MINUTES OF THE PU BLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 1975 The Public Hearing meeting of the Fridley City Council of July 15, 1975 was called to order at 7:34 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: • Mayor A:ee invited those present at the meeting to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEP1BERS PRESENT: Councilman Starwalt, Councilman Fitzpatrick, �1ayor Nee, Councilwoman Kukowski, Councilman areider. MEP�I6ERS ABSENT: None. ADOPTION QF AGENDA: Mayor Nee said there woiald be one addition, the consideration of a resolution in opposition to the Rules and Regulations of the Municipal Shoreland P1anagement Act. MOTION by Councilm�_• Fitzpatrick to adopt the Agenda as ame��ded with the addition of the Resolution in Opposi�ion to the rules and regulations of the Shoreland Management Act. Seconded by Councilman Breider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUt3LIC NEARING ON IMPROVEMENT - STORM SEWER IMPROVEMENT PROJECT N0. 118. P10TION by Councilman Starwalt to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, D1ayor Nee declared the public hearing opened at 7:36 P.P4. 1 The Pubiic l�lorks Director said the current matter was brought to the Council to solve a problem in the middle of a drainage district. He explained the first proposal for the _ elimination of the drainage problem to pick up the water at the catch basin on Benjamin Street and take it to the north to 60th to the existing stclrm se�ver at 60th and Aakwood ' , Manor. Ne said this would collect the water beinq directed to the low area on private property. He said the water had been collecting•in the loar area prior to the construction of the street. He said the water still drains to the lova area through the catch basin. He said there vaould be some benefit to the remainder of the property in the drair,age district. He said the estiin�te for this im�rovement would be approximately $20,981.25 which � would result in the assessment of $8.66 per 100 square feet. P1ayor Nee asked if this improvement would influence the surface or pavement of the existing improvement. The Public Works Director said no, this could be instal]ed in the boulevard ' area. He explained the only restoration work to be sodding of the boulevard ai�d driveways on 60th Avenue. He said the $8.66 is a very high assessment, and it is the highest proposed in the City to this date. . ' ' ' ' I� The Public Works Director said an alternate proposal had been figured for the direction of the water by piping from the exisiing catch basin on Benjar?in south to the mutual property line and into the lot area. He said this wauld still allow the flow of the water to the depression or low area where it has been flowing all along. Ne said this would require the City to �acquire same easements for the construction of the system and the lot area. He said this estimated cost would be approximately $10,150 or an assessment of �4.19 per 100 square feet. He said this solution would be more compatible to the assessments of the other . areas of the City. This would eliminate the idea of devalopment in.the low area and the Gl�y would maintain the property in ihe low area. He said the water wou]d be co7lected in the low area where it has been collectina for some time. Mayor Nee asked if this improvement had been petitioned for. The Public Works Director said no, it was brought to the Council at the direction of the Council. Councilwoman Kukowski asked who would be assessed for the second proposal, and the Public• �Works Director said everyone who would be assessed for the first improvement. He saic: thex were talking about the same area. Councilman Starwalt said if the easements are acquired, there would be no future development 0 _�___ zyi • PUBLIC HEARIPlG MEETING Of JiJLY la, 1975 Page 2. in the back lots. He asked if this action could be overturned in the future if development is desired. The Public Works Director said it would be possible but it would be difficult and costly because the piping would exist in the area. He said this could be done by filling the low area and replacing the piping system. Mrs. B.L. Lillemoen, 1583 Gardena Avenue, addressed the Council and indicated she lived on Lot 22. She said she would not be in favor of any easement. She also said she may want tn develop her property in the future but she did not know when. She suggested that if there there is any easement necessary, this be done on Mr. Erickson's property because he is the one with the proUlem. Mayor Plee asked Mrs. Liller�oen how she felt.about the proposed project which were alternatives one and two. Mrs. Lillemoen said she would like the pipe installed on his property, not her own. Mayor Nee asked if she would favor the improvement if the pipe was placed on Mr. Erickson's property, and Mrs. Lillemoen said she would not give up any easements at all. Councilman Starwalt asked if the easements were'on Mr. Erickson`s property, would Mrs. Lillemoen favor either the first or second proposals. Mrs. Lillemoen said she would not favor any of the proposals. She suggested that a pipe be run under his driveway close to his steps with a catch basin installed in the low area. She suggested that the expense be taken care of by Mr. Ericl:son or spread around to everybody. She mentioned that this was the City Engineer's first proposal, and this would take the shortest amount of pipe and involve the least cost. She suggested the pipe be covered wittr dirt. She said she did not want the pipe on her property line, she would not be in favor of this. Mr. Jim Tiller, 5929 Oakwood Manor, said the water had been coming into that area for years He said the basic drainage area has not changed. He said he did not think there was more water in the low area, and it was there when the house was bought by the present owner. He said there could be more Naater in the area since the improvement of the street. Mr. Tiller'said the improvement would benefit one individual. He said he had been by the property after a recent rain, and there was no water standing in the low area the next day. He said he had not noticed any erosion. Mr. Tiller said he could not see this kind of expense to take care cf someone else's problem. � Mayor Nee asked if the people of the area had been assessed for any other storm sewer lateral. The City Manager said there had been some assessment for storm sewer, bu� this was a very small portion. Mr. Bailey Tiller, 1535 Gardena Avenue , addressed the Council and asked how deep the storm sewer would have to be in this area. He asked if a tank v!as to be installed. The Public Warks Director said neith er one of the systems contains this type of installation. Mr. Bailey Tiller explained he did not understand the implications of the proposed improvements, and he had talked to an attorney who would represent him in this action with the City. . Mayor IVee asked Mr. Bailey 7iller if he was opposed to one or both of the proposals. Mr. Tiller answered that he was talking about something being installed like a tank. lie said he would not favor the condemnation of any property. He said he questioned if ar,yone would want to develop the back area and said this was a beautiful area with . wildlife. He said he did not understand the current proposals: He mentioned Mr•. Don Savelkoul would represent him in this consideration. Mayor Nee asked�Mr. Til]er if he had any inclination to split off his lot, and Mr. Tiller �. said he did not. Mayor Nee asked if he had any interest in having ��riother building site in the back of his land, ana P4r. TiYler said not at this time. Mr. Tiller said he had no intention of selling his front lot. � � The City Manager said no one is saying the land would be condemned. He said the okmer could give the City the right to install the pipe, and there would be no reason to acquire or tondemn. Mayor Nee asked if the estimate of $10,00� in�luded money for condemnation. The Public Works Director said yes. Mrs. Nina Sakariason, 5965 Oakwood Manor, said she is still paying for the road, and if , any more is added, she would not be able to pay this. She added, even if it would be '. a little bit, it would b2 too much. ' Councilman Starwalt questioned if there would be additional assessments in the future, ; and the Public Works Director said yes, they are in a subdistrict within a larger district, and they would receive assessments in the future deve1upment. ,I� Councilman Breider questioned the method of assessment at this time and in the future if this improvement was approved,at this time. The Public Works Director explained there ,. � ' has been a City policy where a large area is taken and the assessments are equalized � , u 292 PUBLIC HEARING MEETING OF JULY 14, 1975 Page 3 ' for rate in the whote area. He said this would depend on the amount of benefit received, and this would have to be reviewed again. , Mr. Nick Garaffa, 6750 Monroe Street, asked how this proposed improvement , wou1d compare to the conditions in the area where Mr. Mi17er had developed. The Public Works Director said this would differ in the manner that there are many property owners, and Mr. Miller was the sole owner of t6e property at the time there was a drainage problem on his property. He said it , would be .similar in that the area was draining into a low hole. Mr. Garaffd recalled that Mr. Miller had asked that the. property be drained. The Public Works Director mentioned. that Mr. Miller was the sole owner of ihe property. . Mr. Garaffa pointed out that the property owner may not have been aware of � the problem or condition when the property was purchased. He said he felt the precedent has been set by the Council action in the Miller case which drained sites to aiiow more buildable lots. ' , , ' , � Mr. Bai7ey Ti71er said he wou7d like to clarify the statement that was made by M.r. Starwalt. He said his water does not dra�n into Mr. Erickson's .property, the street drainage goes into th.e Erickson property. Mr. Tiller said he lived in the area for many years, and Mr. Erickson never had any water on his property until the Engineering Department put inthe street. Mr. John Bolich, 1580 60th Avenue, said he had a garden in the low area for. three years, and he had never had any water in the garden. He explained when the properiy was sold, he had to give up the garden. He said he had lived in ihe area for li years, and there was never any problem with the water until the street was put in. Mayor Nee asked Mr. Bolich if he agreed wTth the border of the drainag.e district. Mr. 6olich answered, he did not know, he had not taken a transit to get this information. Mayor Nee said the street improvEment generated the prob7em. Mr. Bolich said why they did not put the storm sewer in at the time the street was installed, he did not know. He said now they would have to cut up the area to do this. Mayor Nee asked Mr. Bolich how he felt about the proposed improvement at this time. Mr. Bolich said he was nat for or against the improvemeni. Ne. said he would not want an increase in his assessments. He said he wouid agree that there is a problem and something arouid have to be done, but he couid not offer a solution, i�ayor Nee asked Mr. Bolich which plan he would favor,and Mr. Bolich said the least expensive. Mrs. Dorothy Lillmars, owner of Lot i, Black 7, Route 2, Stacy, Minnesota, questioned the amount of assessments on this lot, and Mayor Nee said this would be 831.36. Mrs. Lillmars said she believed this'to be excessive for a lot with no accessability. Mayor Nee said they did have a deprived access. Mayor Nee said the City did have a plan where the back lots would be built on, and now the people say they do not want to build on the back lots; now the plan is invalid. Mayor Nee asked Mrs. Lillmars if they would like to deveio.p their land. Mrs. Lillmars said her husband thought this would be possible. t1r. Baiiey Tiller said he thought there were only two buildable sites in the back portions. 1 , Mr. Mah1on S. Moe, 5955 Senjamin Street, addressed the Council and said he owne� Outtot A and asked how much the assessment would be for this parcel. , He said there is no access to this property and no hope of access in the iuture. Mayor Nee said this is estimated at $1,379.2.7. Mr. Mahlon said ' the assessment for Lot .1 , Block 1, Acorn Hill Addition is$927.42. He said this �u�� make his assessments in the area of $2,200. He said he would not be �n favor of the improvement. Mrs. Lillmars asked how much the assessment would be for 1561 Gardena Avenue. Mayor Nee said this is estimated at $498.Si. Mrs. Lilimars asked why this , was only one half of the price_of the other lot. Fhe Pubiic EJorks D'rector Saq�the front half•of this lot is ia another assessment area and has a�ready been as�sessed. ' ' � d PUBLIC HEARING MEETING OF JULY 14, 1975 `L93 . Page 4 � Mrs. Fredrick Schmitt, 5963 (fakwood Manor, said she is opposed to any more assessments. She said she did not feel that she contributed to the water. Mayor Nee asked Mrs.Schmitt if she had any intentions of splitting off her � back lot. Mrs. Schmitt said the lot had been landscaped in the back portion to take care of erosion, and she did not feel she would split it. Nrs. Sakariason said her property does not contribute to the water. She said she is paying $4,000 in assessments at th.e present time. Mr. Lawrence Peterson, 5991 Benjamin Street N.E., addressed the Council and said he thought all of this water was going to the Erickson property. He said with the proposed system oF piping from Benjamin to 60th, this would f�ave to be a very deep system. He .said the people of the area shouid have had the system installed at the same time as the street was installed. Mr. Peterson asked how long the water stands on the Erickson property. Mr. Erickson said from one to two days. He said a11 of the debris from the street such as sand, gravel and silt is washed into the area. Mayor Nee ask:�d IIOW deep the cut would be to instal1 the storm sewer and, the Public Works Director said,in the deepest place, as deep as 13 feet. Mr. Erickson said he is the person who catches all of the water, and when he bought the place, there was no water in that area. He said he would like to clear up some misconceptions. He said he thought the problem was created by the City,and the City knew there was going to be a problem there. He said this concern had come up on the hearing.. He.said he had come to . the City and asked that the damages be taken care of. He said there are some funds escrowed, and some people do not know there are funds escrowed for this type of improvement. Ne said when they had purchased the house, they thought there was a pending assessment for the storm sewer construction. Mr. Erickson said he was not in favor of the second proposal. Ne said he thought this was too much money for a poor solution. He said as long as he had the money in escrow, he would favor the construction of the complete system or alternative number one. • Mayor Nee asked if the volume of the•water had been increased with the construction of the improvement of the street. He asked if .the water coming down �Gardena was routed in another direction before the street improvement. The Public Works Director said the drainage district had not been increased. He explained that this drainage is directed into New Brighton and there may be a small.amourit coming into this area. Mayor Nee asked if this had drained in this area before, and ihe Public Works Director said yes. Mayor Nee said the paving has accentuated the problem. Councilman Starwalt said the water does route to Benjamin, and if anyone had ever stood there in a rain, they would be surprised at the amount. The.Public 4Jorks Director said he had been there in a rain. Councilman Starwalt said the water did go east on Gardena and now it goes north on , Benjamin to Mr. Erickson's property. The City Attorney.said generaily speaking, the laws on surface water drainage as far•as municipalities saythat they can dispose of this water in a reasonable fashion. He said a municipality can drain into a low area that had been burdened with this water previouSly. He said when the streets are jmproved, there is going to be more and faster runoff. The City Attorney said in his opinion, the City has some liability because the water is being � collected and disposed of by means of the culvert onto Mr. Erickson's � property. He said he did not think this wou1d be considered a reasonable way to dispose of the water. He said if there is damage, erosion and gravel being deposii:ed, he felt Mr. Erickson wou1d be entitled to some legal regress. He said'if the City chose the second alternative, subject to the acquisition oi the low area, this vroUld,be logical and reasonable. He said he was not advising that this be done, but just mentioning that this would be a logical solution and one option that the City would f�ave. Mayor Nee said one questian that would have to be answered would �e if the peop1e of the area want access availab]e for the back lots. He said the City has some obligation to find some solution. He said this would be a 1eg�a1 ob1igation if not a moral obligation. � � , • ' C� i ' i � � � � ' 1- ' . � � � I� . r : 294 PUBLIC HEARING MEETING OF JULY 14, 19]5 � Page 5 Mrs. Lillmars said she has ]ived in the area for many years and there was never any water down in the low area. She said�she thought it would be the Gity's responsibi1ity to solve the problem if it has been caused by the City. . Mr. Robert Erickson said he was not pushing any one of the plans, He was jusi seeking action on the damage that has been done. He said this is a problem the City created, and he expected to have something done about it. He said this is ihe reason ihat this pubiic hearing had 6een called and the reason for the funds being escrowed for the storn sewer. He said whether or not the storm sewer is installed or the whole thing is dumped, he Would like the damaged taken care of. He said these damages would run from $10,000 to $12,000. Councilman Starwalt referred to the damage done and said he would question if they would be that high. He said he�would agree at one time after a rain there was four feet of water standing in the low area, and a couple of times when there was three feet of water in the low area, but it drains away fast. He said five people had escrowed money for future storm sewer construction in this area. He said he would not want to personally declare that there will not be any storm sewer project; they are working with too many unknowns. He said he thought'the escrow process is a reasonable process for a situation such as this. He said he was not on the Council at the time that this was decided upon. He said he would not want to see the escrow accounts to be in jeopardy. Councilman Starwalt said he recalled that one time Mr. Erickson said he would be pleased if ihe City wouTd pipe th� runoff water rather than have it overland. • Mr. Erickson said he had told Councilman Starwalt at City Council meetings and also in private that this is not.an acceptable solution to the problem. He said only one time did he say he would consider this type of - thing, and this was if it was a temporary solution and it would be dcne • out of general funds. He said he had corrected Councilman Starwalt on this point at two meetings. He said he only agreed to this fiype of solution • if:it were to be temporary and out of general funds. He said now the second alternative comes up with this type of action, but the land will be condemned, and it is to be a permanent solution: He said he was not in favor of this kind of solution. � Councilman Starwalt said Mr. Erickson had said he would accept the under- ground construction. Mr. Erickson said he agreed if this would be temporary and out of general funds. He said the current proposal or second alter- native would ruin other people's property and his own, and they would have to pay a great expense for this. Councilman Starwalt asked Mr. Erickson if he would accept the piping of the • water to the low area if this would be at no cost to him. Mr. Eric'kson asked who would pay the cost. Councilman Starwalt said it would be at no . cost to Mr. Erickson. Mr. Erickson asked if he meant that no one would be assessed. Councilman Starwalt said yes. Mr. Erickson said he would agree ` to this if it was a temporary solution and no one was assessed and if the escrow account was not disturbed. Councilman Starwalt asked now much in jeopardy the escrow funds are at the present time. The City Attorney sai.d if this was challenged in court, he did not want to say that the City would win the challenge. He said ' this would' be doubtful or questionable. He said the City would.have a 50/50 or less chance. He questioned if the City had the right to hold the escrow funds indefinitely. The City Attorney said there is no.time limit for holding the escrow, but they state a reasonable time limit. He . mentioned two to three years would be okay, but any longer than this, he would not say the City cou]d be sure to win a cha]lenge. Gouncilman Starwalt said the temporary solution would not take care of any future development. He again mentioned there are so many.unknowns in this consideration. He asked if the people wouid say that this area was to be developed, and they were put on record saying this, would this have a bearing on how long the escrow monies could be held. The City Attorney e � 0 a PUSLIC HEARING MEEiING OF JULY 14, 1975 said no, he did not see where this would be a consideration. Page 6: 295 ' Councilman Starwalt said something would have to be done that the people agree with. He said the majority of the people do not want to have an improvement project with the exception of Mr. Erickson. Mr. Erickson said he had not expressed the desire for either of the alter- natives: He said he is not in favor of the second proposal. Mr. Erickson- stated he would like the money retained in escrow. k{e said he would 1ike something done about the damage to his property. He said he had $1,500 in escrow for storm sewer. � Mayor Nee asked if the money would go to Mr. Erickson or the previous property owner if the escrow is given up. Councilman Starwalt said �n this case, it would go to the prior property owner. Mr. Bailey Tiller said he thought he was oblig� .ed to contribute to the improvement. He sdid he would like to see something installed such as a � ceptic tank in.the low area. He said he is opposed to the two proposals- presented at the present meeting, but he felt he shou1•d pay his share. Mayor Nee ,asked Mr. Tiller �if he was suggesting an installation such as a dry well, and.Mr. Tiller said yes. • The Public Works Director said one of the proposals had been to put in an energy dissapator which would takeup the force of the water flowing into the low area. Mayor Nee said it would seem to him that this would increase. the costs. He said the energy dissapator would allow.the water to remain running over land to the low-area. Councilman Breider questioned if this could and should be done from the general fund. He said Mr. Erickson had reluctantly agreed to this as a - temporary solution. f+lr. Erickson agreedto this state�nent. The Public .. � Works Director said it would be difficult•to calculate the price for this type of system. The Public Works Director said if the parcel of property was cut by the pipe on a triangular'line, this would solve the problem of not having the pipe on the property line. Councilman Starwalt said he thought Mr. Erickson would provide the easement. Mr. Erickson said he did not know about this. Mr. Erickson said he would have to have someone appraise the property. The Public Works Director said he thought this �emporary solution may be from $5,OOOto $7,000. Mr. Erickson asked if they were talking about a pipe running i;hrough the center of his yard. The Public Works Director said yes, and Mr. Erickson said.forget it. MOTION by Councilman Starwalt to close the publ�c hearing. Seconded by. Councilwoman Kukowski. Upon a voice vote, all voting aye,�Mayor Nee declared the motion carried unanimously, and the public hearing closed at 9:18 P.M. � Mayor Nee informed the, property owners that the Council would.not be taking action on the item at the current meeting, this would possibly be done at one of the next two meetings after the staff is allowed to prepare • additional information. I� ' PUBLTC HEARTNG ON IMPROVEMENT - STREET IMPROVEMENT PROJECT N0. ST 1975-1, D�l�DUM N0. 3 ; ' MOTION by Councilman Starwalt to waive the reading of thepublic hearing notic� and open the public hearing. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 9:19 P.M. The Public Works Director explained this hearing to concern the improvement of Siverts.Lane, one of the last remaining unimproved streets in the City of Fridley. He said up until this time the City has been maintaining the unimproved street and plov�ing it in the winter months. He said there had 6een grading done on a few occasions. He said the maintenance of this • street was done with the anticipation that the sanitary sewer and water h�nuld be instailed in the future to serve the property on the south end of Siv.erts Lane. t4r. Sobiech recalled at a recent City Council meeting, there s � r , ; - � �- _ _ • ' _ _ - ,-- -- .. _ _:_ 296 PUBLIC HEARING MEETING OF JULY 14, 1975 Page 7 •had been�a request approved to waive the hook up to the sanitary sewer � and water facilities on this lot. He said this iead the staff to put the present improvement on the agenda for public hearing. The Public Works � Director said it is not the City policy to maintain unimproved streets. ' Ne added, if the property owners are not in favor of this street improvement project, they cou]d agree to maintain the street. He said the estimated • cost of the original roll for this imrpovement is $10,205.80 which would �nvolve a front foot assessment of $8.30. The side yard assessment would be $1.24 per foot. . The Public Works Director explained the feeling that in this case the side yard assessment may not be appropriate because of the street being a dead end street, and the use of the street would be quite restr�ctive. He said in alternate Number One, the front foot assessment would be the full assessment with the street being used as their access. He further explained the poss9bility of the two properties on 69th be.ing split in the future, so they had been figured for front assessment for the southerly portions. He explained the cost for Alternate roll number one to be $9.04. He said Alternate rol� number two would have a side yard together with a front foot assessment fc, an assessment for the properties at $9.67. He said in this roli, they would use only 75 feet of frontage for Parcel 250 and Parcel 260. The Public Works Director explained the third Alternate roll was prepared only using the abutting property owners and using a 75 foot frontage for Parcel 250 and 260 witf� no side yard assessments for a front foot rate of $12.54 The Public Works Director said this would �e a 28 foot bituminus raadway with no curb and gutter. Mayor Nee asked if the other lot on the east side of the road is buildable. The Pubiic Works Director explained this to be a tax forfeit parcel being • held by Anoka County for the City of Fridley for Open Space acquisition along Rice Creek. 41ayor fJee asked if the City of Fridley would pay the assessments for this lot in this case. The Public PJorks Director said this amount would be applied io the tax forfett property. He said the amount would be paid by the owner of the property whether this be the City or the , County. • . Councilman Starwalt asked if the City had any ptans for the park in the east side of the roadway.` The Public Works Director said he was not aware of any specific plans. � Mayor Nee asked if Siverts Lane had paid a�side yard assessment. Mr. Mervin Herrmann, Assessor, said no, because there are only front yards on this property. Councilman 5tarwa7t asked what amount of frontage would be charged for � Parcel 260. The Public Works Director said this would be 75 feet of frontage. Councilman Starwalt asked vrhat portion would be assessed for Parce7 250. The Public Works Director said this would be 27Q feet on Alternate Number Two. Councilman Starwalt said Parcel 250 is doing quite we]l. - Council�man Star.walt questioned what type of curbing could be installed. ` The Public. Works Director said this would be a slight asphaii berm that would be machine made. • Councilman Starwa1t asked if the Council was aware tfiat tF�ere i�s actl`on before the Planning Commission to vacate the road easement in Parcel 260: He asked how this would affect the improvement. The Public Works Director sald not at all. He said there is no other property to the south that would need access. Councilman Siarwalt asked if the roadway was for gaining access to the dam si:ie.• The Public Works Director said the parkland to the south could be used for access to the damsite, He said agreements or easemen�s could be obtained from the park parcel to theeast. He mentioned that he did not think anyone had needed access to the dam in years. Councilman StarwaTt mentioned that the Parcel E is 16 acres and asked if there are any plans for access on the east edge. The City Manager said there is a public easement and access by the townhouses, Mayor Nee said there is no way to get down to the creek from 69th. He asked if there were any development plans. The City,�Manager explained the money obtained for this • PUBLIC HEARING MEETING OF JULY 14, 1975 Page 8 :�97_ project was only for acquisition at this time and not for development. Mayor tVee questioned if there may be a need for a larger street in the future. The City Manager said in Locke Park,which is a 125 acre park,there is a very small roadway, and it is sufficient. ' Councilman Starwalt asked who is pushing for this improvement. He said he felt that no one in tiie area wanted the improvement. Councilman Starwalt questioned if there may be some need for the installation of uti.li.ties in the future, could this be done after the improvement of the road. The Ci.ty Manager said there would be a good size boulevard, and the utilities could be installed in this portion. Councilman Starwalt questioned if ihe smalJer size roadway would come up to ,City standards. The Public Works Director said this would be a standard street with the only difference being the width. The Public Works Director said the recent normal cost for street improvement has been in the area of $15.00 �e $17.00 per front foot,and this improvement would be quite a bit less than this. The City Manager said this would be a minimal type of improve- tnent to keep the construction costs down. Councilman Starwalt questioned the typ.e of curbing that would be installed. The Public Works Director explained this to be a triangular shaped berm that would be machine made. He said the normal curb would be much higher and wider. He mentioned that this would be fou'r inches high. Councilman Breider asked what the cost would be to maintain this type of street. The Public Works Director said he did not have the figures for this. He said the grading had been done on a request basis, and this had been done about twice per year. He said the plowing would be done when needed. Councilman Breider questioned how much the maintenance would cost the City of the improvement was insta.11ed. The Public Works Director said the grading would be eliminated. Councilman Breider asked if�the snow plow would take out the berm. The City Mana.ger said no, this is the type of berm on the 57th alley, and there is no problem. The Pub�ic Works Director said there is a1so this type of berm on 64th bQtween Arthur and Central. The City Manager said if in the future t.here is a request, the.concrete curb and gutter could be added on to the road. He said the proposed improvement would not be a Waste, it eould be added on. Mr. Ing Siverts, 6850 Siverts Lane, addressed the Council and questioned. wny a street improvement pr�oposalcame out of a request to waive the sewer and water connections. The Publ�Works Director explained that since ihis requirement had been waived, there are�no other developable properties which would require utilities. He said the City had been waiting for the improve- ment of the street until such utilities were weather installed or all waived. Mr. Siverts said no one_had requested this improvement. The Public Works Director said the City had not received a petition for this improvement. He said the City had been maintaining the roadway with the idea there would be sanitary se�ver and water installed in the future.. He said now with the ' Wai:ver,the C�ity is not anticipating the installation of sanitary sewer and water on Siverts tane. He said the next step is to install the street imprbvement., � A resident of the area said the property to the east has not had the waiver. The Public Works Director said this is the property being held by the City of Fridley for park purposes. The City Planager said there is no `,question that this will be park property. The resident asked if the park 'would want sanitary sewer and water: The City Manager said there is enough boulevard.so tf�at tF�is could be installed in the future if it is needed. He said there are 15 feet on each side which is right of way. A resident of the area questioned why the raad would be needed if.it was to only serve the two peopie that live back there., The City Manager - indicated that the people of the area can say the road is not needed, and tttey can maintain the existing roadway. Mr. Ing Siverts said he preferred that they not improve the road. He said it F�ad 6een in existance for a number of years at its present standard, . ,�, ..� �� .� �� , b �� t t R �i ' ' ' � C� 298 PUBLIC HEARING MEETING OF JULY 14, 1975 Page 9 and it was acceptabie, Mr. Siverts explained that the City has furnished two loads of stabilized base, and they are very happy with the conditions. The City Manager said if the three people would agree on the maintenance of t.he roadway, there would be noproblem. He said in time there would have ' to be a road installed, and he pointed out it would either 6e now at today's prices or in the fut.ure at an increased rate. Mayor Nee said this was brought up because of a policy of tfte City to not maintain,unimproved roads and alleys because of the cost of this. Ne said i.f the roadway is not insta)led, the City wou7d abandon the maintenance of this road. He mentioned no one is presaing for this improvement. They were trying to make the property owners aware that if the street is not improved, the maintenance will be withdrawn. �� The property owner of Tract D addressed the Councii and said.this arrange- ment wouid be fine with him. � The owner of Parcel 260 addressed the Council and said he felt the improved street anG cul de sac would enhance his propert;, but he would not want to impose the assessments"on the remainder of the people in the area for �this reason. The City Manager said this wouid be no pr,oblem, but the peopie of the area would have to take care of the maintenance. He stressed that if the impr.ovement is installed in the future, there would be an increase , in the costs. ' � ' � ' � � ' r ' � Mr. Ing Siverts sugqested that if there is any access to the park,that this be put in to the east on the other side of the houses andwest of the townhouses. He mentioned that this wouid be a better area for traffic of this kind rather than Siverts Lane. Mr. Siverts also mentioned there has been some problem with traffic through the tax forfeit parcel of property. He.said he had put barriers through there, and they had been removed. He suggested that the matter of the easterly access to the park be talked about in the planning stage. . MOTIOt� by Councilman Starwalt to close the�public hearing. Seconded by Councilman Breider. Upon a voice vote, al] vot9ng aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 10:01 P.M. PUBLIC HEARING ON REZONTNG REQUES7, ZOA #75-03, BY CITY OF FRIDLEY FOR GEORGE IS IN FRIDLEY TO REZONE FROM M-2 TO C-2; 3720 EAST RIVER ROAD: The Public Works Director exp7ained that this property was owned by the City of Fridley, and during this time, it was zoned P. He added, before this time, it was zoned M-2. He said the request is to change the zoning to the existing use. He said the proposed zoning does not prohibit, and it does not specifically allow the current use. �The Plannin,g Commission recommended approval of the rezoning request. Councilman Breider asked if th9s property was on a contract for deed with Mr. Nicklow and the City. The Public Works Director said yes. Councilman Breider said the City had the option to purchase the property back in the period of five years, and the City Manager said yes. Councilman Breider asked if there.is a building plan for this area. The Pub9ic Works Director said there was no building plan, jus.t remodeiing. Mayor Nee asked if there was anyone present who had a.ny comments. Mr. Richard Harris, Chairman of the Planning Commission, addressed the Council and said he was not so sure that the property should be rezoned to C-2.. Ne thought it may be better as M-Z. Mr. Harris asked the City Attorney to clarify this.point. Mr. Harris said he thought ihis would be spot zoning, and if the City had not granted the title, the rezoning wou7d not have been recommended. The City .Attorney said the property is zoned P for public use and would have to be rezoned. He said the City Would have some obligation to deliver the title for the purpose the property was sold. He said if the property is .. , . 299 : PUBLIC HEARING MEETING OF JULY 14, 1975 Page 10 . burned or damaged more than 50� it would not be replaced because it would be non conforming. Fie said this rezoning wauld only be fair to the man that bought the property. ' Mayor Nee asked if there was any objection from the property owner. The Public Works Director said no: Mayor Nee asked if there was any objection. from the adjoining property owner, the Metro Sewer Board. The Public Works Director sai.d no. Mr. Nicf: Garaffa said when the property was sold with a stipulation that the City would be able to take back any improvements or construction made on the property. He asked if there had been any cons truc t i o rr. Councilman 6reider said there had been a paved parking lot installed. Mr. Garaffa asked if the City was eliminating their chanes of getting back i:nto tfie 1iquor business at this location some time in the future if this }.s desired. The Ciiy Manager said there would be no problem, the c;ty has the right to purchase the property for the amount that was paid for it plus � tfie interest. Mr. Garaffa said th�s current action would not change the cfiances of pick':ng up ti�e property,and the City Attorney said no. Mayor Nee questioned how the City could be sure that there were no objections from the property owner when they had not heard fron� him. The Rublic Works Director said the owner had signed the application for the rezoning. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor N.ee dec1ared the motion carried unanimously, and the public hea.ring.closed at' 10:11 P.M. PUBL_IC HEARTNG ON_VACATION�RETUEST, SAV�#�5T02n��BNiiDENNQ�n�M�RDDSTR�ETANAEE: The Public Works Director said the action was initiated 6y a plan for an addition to the home of Dennis Smerud. He said the addition �vou1d be § eight to ten feet from the south property line. He said at the time of application, he found he would either have to apply for a variance or • ` '"request the vacation of the roadvray. Ne said the roadway is not being � used, and the two adjoining property owners have been maintaining the area and have�a garden in this area. Mr. Sobiech said from the engineering standpoint, there are�no objections to thevacation. He said he would recommend that the City maintain the drainage and utility easement as suggested by the Planntng Commission. He•said the Planning Commission, at their May 21, y 1975 meeting, recommended 'approval of the re.quest with three stipulations. } The Public Works Director said there has been a suggestion made that the � City may want to retain such parcels for tennis courts and tot lots. He c said he would like to bring this to the Council's attention and also mention . � there had been no objections to the vacation. � Councilman Fitzpatrick asked if either of the other two cut off streets in , � the area had been vacated. The Public Works Director said no. � The City.Manager.explained that if the City has any desire to install any tennis courts or tot lots in this area, it should be noted that there is not much land a�vailable fior park iri this area, and he wou7d like to bring this to their attention. He said this would be one of the only lots that would - be barely large enough for the development of a tennis court. He said this would be a less expensive method for public.use than the acquisition of , property. He said this property is not in the center of the area develop- ment. Councilman Fitzpatrick said this is the most southerly of the other possib- ilities. The City Manager questioned which one of the areas had the steep terrain, and the Public Works Director said this is the one in question,'46th. The Public Works Director.said this would not be too suitabTe for a tennis court, but it would be large enough for a tot lot. Councilman Fitzpatrick asked if all of these areas were previously access tq HigF�way #A�7. The City Manager said yes. The City Attorney said there may be a legal problem in this type of action. � _ -_ _ __J ' � � , ' 30� � . . . PUBLIC HEARTNG MEETI�NG OP dULY 14, 1975 �' Page 11 Ne said normally wflen easements are vacated, tfiey return to tfie property • that �ad dedicated the land or the adjacent property. He questiAned if the City would have the right to use the area for a park when it was a street easement. He satd this would be very questionable. He said this right could be acquired, but it did not exist at the present time. � MOTION by Councilman Fitzpatrick,to close the Public Heari-ng. Secondedby Councilman Starwalt. Upon a uoice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y, and the public hearing closed at 10:21 P.M. The City Manager questioned the direction the Council wished him to take � on the. matter. Councilman Fitzpatric.k indicated he believed that if this � park idea were to be pursued, he thought the 47th easement would be more appropriate for this .type of plan. He said he didn`t think this would be a proper imposition on the two property owners. The City Manager said he would bring the i�mback for vacation. PUBLIC HEARING ON PROPOSED CHARTER CNANGES: AND RECEIVING RESOLUTION FROM DFL CLUB REGARDING THEIR POSITION: -` MOTION by Councilwoman Kukowski to waiv.e the reading of the public hearing notice and open the public hearing. Seconded by Cou�cilman Breider. Upon .a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously and the public hearing opened at 20:23 P.M. . MOTION by Councilman Fitzpatrick to receive the resolution from the Fridley � DFL concerning the Proposed Charter Changes. Seconded by Councilµroman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion r carried unanimously. • Councilman Fitzpatrick asked what would be thepro�edure for the adoption of the amendments by the City Council. Mayor Nee said it would have to ; be a unanimous vote by the Council. He said this would be done by ordinance. i � The City Manager explained that if the Caty Council does not agree with the recommendations, the Charter Commission would have the authority to submit � the changes to the voters. • Mayor Nee asked if the changes should be discussed item by item to determtne whether there is agreement. Councilman Fitzpatrick asked if the City Council had to accept the changes unanimously in part or whoie. He asked if it would be possible for the Charter Commission to review the comments and submit the change back to the Council. ' The City Manager said this would be possible, or they could submit the changes directly to the voters. , Mr. Dennis Schneider said the Fridley DFL�is technically in favor of the Charter Amendment for the housekeeping changes. He mentioned some of the sections tk�ey anticipated to disrupt the petition process. Mr. Nick Garaffa said he would like to ask the member of the Charter Commission � who was present at the meeting, Mr. Herbert Bacon, about the section concerning the attesting to signatures. He said he had to attest to the signatures on a petition for filing to run for Councilman. He questioned � , whether or not someone in a referendum could follow this procedure. He said if someone comes to the door of a home, they assume he or she is � the person that they say in their signature. He did not believe it a - go�d practice to have to ask someone for their driverslicense. He questioned why the penalty is mentioned in this section. ' Mr. Herbert Bacon addressed the Council and said the Charter.Commission's intent is to see that any petitioner would get this information before he ' goes out to circulate a petition. He said there�are many people that do not know what they are doing when they go out to get signatures. He said they do not know what they are going after. �. Mr. Garaffa said the. City Clerk must take the peti�ion up to Anoka County , and compare the signatures against the voting registration records. He said o�ly the� Will they be considered valid. He asked why this type of � _ __ ; ; PUBLIC HEARTNG MEETING OF JULY 14, 1975 Page 12 � procedure would be necessary.. Mr. Bacon said the siqnature could be valid, and it could be someone signing , for their husband or wife. � - Mr. Garaffa asked the Finance Director if the City takes the petitions up to the Councy and compares signatures. The Finance Director said yes. Mr. Garaffa asked why this additional language would be needed. The Finance Director said the staff are not handwriting experts. He said they check to see if the signature.is a registered voter, and if it is obviously not the signat�ire of the registered voter, they will say that it r is not a valid signature. He said if the signature looks reasonable, it is accepted because what evidence would they have to challenge it? ' i Mr. Garaffa said the general rule of the land is that people will be honest. He stated those people at the polls comparing signatures of voters are not ' . experts either.� � � � x� Mr. Dennis Sch��eider said the statement does not tell the circulator what to do, it only tells him if he does not do this right he will be fined. Mr. Bacon said the stiffer fine would make people think twice. The City Attorney noted that the current Charter language said any violation is a misdemeanor, and this is defined by State law as a criminal violation to be fined up to $300 or up to 90 days in jail. He said in comparison to the suggested language, he would interpret that it may hav.e been the intent to lessen the penalty. He mentioned he was not sure that a judge would consider this language in court. Mr. Dennis Schneider said he did not think the suggested language would help the petitioner. He said it may scare him. _ Council+nan Starwalt asked Mr. Caraffa if he had any quams about attesting to the signature on his filing petition, and Mr. Garaffa said he•did not. , He said he knew the people that had signed, and there was no question. ' Mr. Garaffa said he did not think a ve'ry good methad to obtain signatures would be to cross examine people by asking for a drivers license or something to validate„the signatures. � Councilman Starwalt said there are some liars, cheets and thieves in this world. Councilman Starwal�t sai�d the job of the petition would be number one, to know who you are talking to. He. said this would add creedence to the petition, Mr. Garaffa said he was advised by the City Staff to obtain at least 15 . signatures when only 10 were needed because some of the signatures would not be valid. Councilman Starwalt said they would not be valid if they are not registered voters. He asked if something was wrong with the system of , validating signatures. Councilman Starwalt said a filing petition is a very serious matter, and �. there ar� other peti�ions that people do not take so seriously. , Councilman Starwalt read a portion of the changes on Page 5-I of the agenda' � and said if no one challenges the signatures, they are considered valid. Mayor Nee said they would have to be signatures of registered voters. Counci7man Starwalt said the voters do not fiave to register unti1 election day. ' Mr. Garaffa said people who sign. petitions are not necessarily bad guys. He said this is the only regress action that can be•taken if the governing body wou7d ac� against the public will. He said a showing is obtained ' ' by the petition, and this is �ven to the Council to indicate they are , doing Something wrong. He said this is done in a fine American manner by people goin� out and talking to their neighbors and getting their signatures to back some action. He said this petition is brought to the City Council to say °see you have the w�rong idea�'. He.said circulating a petition is hard work and takes a great deal of time. He said this is done by people ' ��` who care. He said he had thought that an extra penalty was being applied� . . ; , ! ' , � ' 1 : PUBLIC HEARTNG MEETING OF JULY 14, 1975 but if this was a lesser one, perhaps the remark should stay. Page 13 Councilinan Starwalt said if the petitioners believe in their cause, they should know who is signing the petitions. Mayor Nee directed Councilman Starwalt's attention to the Pstered �oters. City Charter that says the signatures must be those of reg" , Mr. Richard Harris asked what type of petition this referred to. Councilman Breider said this would befor initiative, recall and referendums• Mayor Nee said this may be discriminatory. He added there is no penalty for fraud in other petitions. Mr. Richard Harris said the Planning Commission had just received petitions with people signing both petitions for and against the same issue. He questioned if this type of petition should also be cleared up. Councilman Breider said if the Council would receive thousands of signatures, it would not makz much sense to argue about which ones are valid. He said this petition,with the amount of signatures,should be.an indication that the.Council should think twice. He questioned if they should get hung up on the fact whether John signed for his wife or not. He said he did not think this was being fair to the community. Councilman Starwalt said he was not trying to'knock down or out a number of valid signatures; he did not think th.is would af.fect the amount they would,receive. � " �' � '�, I I Councilman Breider said he would like the petition signing and validating procedures something that would be simple to prosecute if the City Attorney has to do this. Councilman Starwalt said they wa.�d have to be realistic. Councilman 8reider said the potential is there, but it will take three votes of the Council to rebuk�e it. Councilman Starvaaltsaid if a paper came with no valid signatures and no one opposed it, it could be.determined a valid petition. Councilman Breider said he did not think this had to be defined any further in the Charter. He mentioned the City Clerk� roll in validating the signatures and said he thought it would be more appropriate , to give the petition circulators a list of the, items to be aware of before the circulation of the petition. He said the same thing was done with the people filing for Council that should be done when other peiitions are circulating. He suggested a pamphiet be made up to describe the process._ He said he thought this would have to be a policY thing rather than within the City Charter. • Mayor Nee said they should consider the emotional hazzards circulators could face where it couid be possible to become mouse trapped. He mentioned if someone else knowlingly signed a petition falsely, the circulator would be responsiGle and prosecuted, not the person who had signed. Mayor Nee said the signature of a spouse is valid if it has been authorized. He mentioned it is better to not take the spouse signature because the authorization is hard to validate. He said there are other instances w�iere• a signature is not accepted as valid because the people do not sign as they had on their signature card. Mayor Nee sa�d this is reasonably hard to get the signatures validated in some instances.because if there is a ` petition being circulated, it`is because the majority of the Council is opposed. Mayor Nee said he theught the0�aeawantedetoadohaedefective�job, but one. He said he did not know if any p p they do make mistakes. He said if the idea is to teach the people the proper process, this could be done by means of a pamphlet and in the pamph� let it could be mentioned that it is a misdemeanor. He said even if therpeople�woupd�still havetto betreg�ste�eddvoters ask for an election and The City Attorney said the language recommended in the Charter recommendation� does not state "knowlingly", and he thought a judge would looHeasaidehehdide determining if 9t was an honest mistake or done knowlingly. not know if he would recommend adding this language but mentioned the violation would have to be fraud or gross negligence. The Finance Director asked if this could be changed by the Charter Commission. The City Attorney said it could be sent back to them notifying them of what had not been approved by the Council, and they could make changes or send � � � PUBLIC HEARING MEETTNG OF JULY 14, 1975 Page 14 the proposed cE►anges to the yoters. . MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 11:04 P.M. ' • The�City Manager asked if the whole proposal should be brought back to the Council. Mayor Nee said the Council could go threugh the items one by one an.d deierr�ine those which could be adopted by ordinance. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF _ __ . - -__ . _.' .,. .......�� ,�,.- .,i nrv r K1VtKV1tW htlUtilJ HUU111viv. MOTION by Councilman �reider to adopt Resolution No. 104-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, M.ayor Nee declared the motian carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZIPIG AND DI"'ECTINfi THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 22, PARCEL 2185, LOT �3, PARCEL 2190, AND EZ OF LOT 24, PARCEL 2195, BLOCK I, RIVERVIEW HEIGHTS ADDITION: MOTION by Councilman Breider-to adopt Resolution No. 105-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF _ _ . _ _ _ ' _ ' _ ' _ _ " _ . . � .. i .. r n n n n n r r � n n � r n 1 n MOTION by Councilman Breider to adopt Resolution No. 106-1975. Seconded Uy Councilman Starwalt. Upnn a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 29, PARCEL 2220 AND LOT 30, PARCEL 2225, BLOCI RIUERVIE4! HEIGHTS ADDITION: ' MOTION by Councilman Breider to adopt Resolution No. 107.-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORI7_ING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT l, PARCEL 2380, LOT 2, PARCEL 2385, LOT 3, PARCEL 2390 AND LOT 4, PARCEL 2395, aLOCK J, RIVERVIE4d HEIGHTS AQDITION: MOTION by Cauncilman Breider to adopt Resolution No. 108-19Z5. Seconded' by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZiNG AND DIRECTING THE CODIBINING OF _._.. _ _ _ _ _' ___� ,..-�� ,.�.. � .,r ..., nnnrri nr�n i � � � � I . � � I� I, • MOTION by Councilman 6reider to adopt Resolution No. 109-1975. Seconded ' ' by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � CONSIDERATIOiV OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF .....-.,,,,, ...,..-��.��T� nni i n-r AG Dl1D('FI 9tin� GNfI I(1T [l7_ P RCEL 2610.' 6LOCK � MOTION by Councilman Breider to adopt Resolution No. 1i0-1975. Seconded by Councilman Starwalt. Upon a voice vote, all vating aye, Mayor Nee dec1ared. the motion carried unanimou.sly. __ _ , ___ � - - � '; , ' ` � PUBLIC HEARING MEETTNG OF JULY 14, 1975 Page lb CONSIDERATION OF A RESOLUTIQN AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 8& 9, PARCEL 2675 AND LOT 10, PARCEL 2680, BLOCK K, RIVERVIEW HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution No. 111-1975. Seconded by Counc9lman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SpECIAL ASSESSMENTS ON LOT 14, PARCEL 2700, LOT 15, PARCEL 2705, LQT 16, _____. ___.. ..,.. ,,.r ,-. .,,,,,,.�-� �-„� ��nrv V DTVGR\ITGIAI uFTGHTS AnntTION: MOTION By Counciiman 8reider to adopt Resoltuion No. 112-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousb. CONSIDERATIO� Of A RESOLUTION AUTHORIZING AND DIRECTING THE COh�BINING OF SPECIAL ASSESSP1ENTS ON LOT 10, PARCEL 2900, LOT 11, PARCEL 2905, AND LOT . - -- _-. ---- _. �,... � �r,,.-..,,..-�� r�nrr 11nIlTTT(lhl• MOTION BY Councilman Breider to adopt Resolution No. 113-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTNORIZING AND_DIRECTTNG THE^COMBINING,OF MOTI0IV by Counci7man Breider to adopt Resolution No. 114-1974. Seconded _ by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , ' CONSIDERATION OF A RESOLUTION AUTNORLZING AND DIRECTING THE COMBINING OF PECIAL ASSESSMENTS_ON LOTS 23, PARCEL 2965,AND LOT 24 PARCEL 2970 ' LOT 25, PARCEL 29Z5, AP�D COT 26, PARCEL.2980 BLOCK L, RIVERVIEW HEIGHTS ADDITIOI� MOTION by Councilman areider to adopt Resolution No. 115-1975. Seconded by Councilman Starwa1t. ,Upon�a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIO�d OF A RESOLUTION AUTHORIZI�lG AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 30, PARCEL 3000 AND LOT 31, PARCEL 3005, BLOCK L, RIVERVIE�� HEIGHTS ADDITION: MOTION by Councilman Br.eider to adopt Resolution No. 116-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � - CONSID�RATION OF A RESOLUTIOPJ AUTHORIZING AND DIRECTING THE COMQINING OF ` SPECIAL ASSESSMEN7S ON LOT 4, PARCEL 3350, AND LOT 5, PARCEL 3355, BLOCK 0, RIVERVIEW HEIGHTS ADDITION: • MOTION by Councilman Breider to adopt Resolution No. 117-1975. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Nee • declared the motion carried unanimously. • CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE CQMBINING OF SPECIAL ASSESSMEN•TS ON LOT 6, P(,RCEL 3360, AND LOT,7, PARCEL 3365, BLOCK 0, RIVERVIEW HEIGHTS ADDITION: • MOTION by Councilman Breider to adopt Resolution No. 118-1975. Seconded ' �� by Councilman Starwalt. Upon a voice vote, all voting•aye, Mayor Nee , declared the motion carried unanimously. � �. 0 � e '�. 0 PUBLIC HEARING MEETING OF JULY 14,.1975 SIDERATION OF A RESOLUTION AUT D DIRECTING T Page 16 COMBINING Of , BLOCK 0, IGHTS ADDITION: MOTION BY COUNCILMAN BREIDER TO ADOPT RESOLUTION N0. 119-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting.aye, Mayor Nee declared the motion carried unanimously. LICENSE: AUCTIONEERS LICENSE: � Franklin J. Veno 7700 Long.Lake Rd for Machine Tools Larry Muggli 5973 Thi�rd St. NE fee $10.00 MOTION by Councilwoman Kukowski to approve the auction license for • Franklin G. Veno as requested for Machine Tools, Larry Muggli.. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT FOR APPROVAL .OF RICE CREEK ESTATES AND RICE CREEK ESTATES 2ND ADDITION: The Public b�orks Director recalled the Council's attention to the meeting of several week's ago when the developer-of these additions had come tn the City Council questioning the escrow poiicy of the City. He said the developer and the staff had worked out an agreement where he does agree to pay for the storm sewer construction with the under- standing that he will be given credit for the projects that will be constructed and that are being constructed. The Public Works Di�°ector read and explained the points in the agreement. Gouncilman Breider questioned if the $3,500 would be enough for the future� projects in this area. The Public Works Director said he could not say at this time. He said this amount would result in the cost of more than $8,OQ per IOQ square feet. He said he could not say for sure that this will cover the costs. The City Manager said he could answer yes with the only exception being time. He said if construction costs do not increase too excessively, there will be no problem. He said the agreement is quite complete; and this is a better way of handling this type of agreement. He said the. assessment or escrow rate would be the highest in the City. He said the administration is reasonably sure that this will be adequate. Councilman Fitzpatrick said if the assessments are greater, the Council • can always assess. Councilman.Breider asked what would be done in the future storm sewer. The City Manager said there will be the outlet to Moore Lake. He said � now the policy is that all new development will be assessed at this level and the existing property would be leveled at a rate according to the benefits received. Councilman Breider asked the City Attorney if there would be anyproblem in this proposal. The City Attorney said not as he understood it. All new developments were to escrow $8.00 for 100 square�feet, and any work would be credited to this 5II.00. He said any assessments would also be credited against it. 7he City Attorney said he agreed in principle with � What is on page 23. , MOTION by Councilman Starwalt to authorize the execution of the agree- ment for the approval of Rice Creek Estates and Rice Creek Estates 2nd Addition. Seconded by Councilwoman Kukowksi:. Mr. Nick Garaffa asked if the home purchaserwill.have to pay the developer back in the future. . Upon a voice yote> dll voting aye, Ma,yor Nee declared the motlon cdrried unanjmously: - - I c � . ' , r . , ' r � ' � � ' � ' ' ' PUBLIC HEARING MEETING OF JULY 14, 1975 Page 17 RESOLUTION N0. 12Q�1975 - IN OPPOSITZQN TO RULES AND REGULATIONS OF THE MUNICIPAL SHORELAND MANAGE�dENT ACT: ' The Public Works Director explained the proposed resolution to be in opposition to the Shoreline Management Act. He said there will be a public hearing on the matter on July 16, 1975, and the,material had been reviewed by the Planning Commission and Environmental Quality Commission. He said the Planning Commission had some concernd about the proposal. • CoUncilman Breider asked if this ��as being adopted by the Department of Natural Resources,and the Public 4Jorks Director said yes.. Councilman Fitzpatrick. said this would shift the burden of proof to the c;ty. The Public Works Director said they neglected the deve]oped City when formulating the plan. The Public Works Director said it should be left up to the Cit� to designate a public body of water. The Public Works Director read and explair�ed the proposed resolution which indicated that the developed lots in the City would be undersized and noncoriforming lots according to the proposed .ordinance and �vill cause definite hardships on the utilizations of these lots. Also, the setba�ck requirements as laid out in the proposed ordinance would make all of the structures in the Shoreland Management area noncon;orming structures and, therefore, unrepairable if over 50% damaged because of inability to meet the proposed criteria. He also explained that the provisions are discriminatory against low and moderate income person5 unable to afford the property due to increased lbt sizes. He also mentioned that the ordinance shows lack of.coordination of other State Agencies by establish- ing a number of rules and regulations requiring municipalities to adopt a set of conflictiny zoning requirements. Mr. Sobiech explained that the ordinance is unrea.listic to set up a variance procedure for some- thing that would require a variance in all cases. The Public Works Director explained the City in the R�solution would make suggestions for the elimination of these concerns. MOTION by Councilman Breider to adopt Resolution No. 120-1975 in opposition to the rules and regulations of the Municipal Shoreland Management Act. Seconded by_Councilman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. Mr. Richard Harris addressed the Council and said the Planning Commission has asked that the Resolution be carried to the public hearing meeting on July 16, and he said he planned to attend. He mentioned he would be at City Hall at 12:00 noon that day and would like a Council representative to accompany him. Councilman Fitzpai:rick said he would be able to attend the meeting. MOTION by Councilwoman Kukowski to make Councilman Fitzpatrick the official representative of the Fridley Gity Council at the Public Hearing concerning the Shoreland Managemenl: Act. Seconded by Councilman Starwalt. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: ' MOTION by Councilman Starwalt to acijourn the meeting. Seconded by Councilman areider. Upon a voice �iote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Public Hearing Meeting of the Fridley City Council of July 14, 1975 adjourned at 11:32 P.M. � �_�� '� - - - Pat Ranstrom ' Willi.am �. Nee ' Secretary to the City Council . Mayor ate Fldopted � � RIDLEY CIT COUPdCIL EETING F Y M PLEASE SIGN NAME ADDRESS AND 1TEM NUMBER INTERESTED IN DATE'• % 7 ' NAME ADDRESS ITEM NUMBER -------- 5 C� ' ------------------------------------------ - --- - --------- ------------------ -----��------------^-----------------�------ ----------- ------------------------,____--__--------- � ;��o,, � � _ �,,��,,,z___ � .�.� � si I � , ' � �,-, S � �� ' � � � q� a -�.-`,,.� �-- . ( � �� .0�,.,� o _ `�o�.�, .�.�.�z� .� 9' 9' % :��n�z�' �. F�.�� . ► 1 ! e �-Y, , �� .�� % � ��2 � � ��. `�_ �_ - � �, - ► � f (�J • � . �c��1T' �� , r � �„ �� II 1� � �- r I� X,5 v�r� L( e. n�v Ef ✓ e ��1� l,cJ r�'l�a--u (. K D�t /��'z� 6 � �ti 1�- �� -�^..�� ,�. 5 C� �'��i�i�/`�� S� 5�/ i!��,.�� /�.,,�`� �L��-.�-�/�� , i -� L-� � ► 3�. �,�� ' �� l�i�t n�-� �� , , . �, i�� ,�f.. � �„��; , , ;,�,-,»: � �� j�p �.� � � S'� � rn�.�.�.�-.- �-� . �! C , 1 �� a� r� i�-E�' �..P� L i� '� � �' a �P�' �' j �'�c�'.`'/; X �/G� G� � �� ..� � �� . � � _ L_ � � �i/ �!( �� __----�. . FRIDLEY .CITY .COU[VCIL - PUBLIC HEARING i�IEETIi�G - JUL.Y 14, 1975 PLEDGE OF ALL�GIANCE: ROLL CRLL: � _ A . ADOPfIOf� OF AGEND . .1 PUBL:IC HEARINGS: � � 1 � , PUBLIC HEARING QN IMPROVEMENT - STORM �EWER IMPROVEMENT ; � PROJECT NO , lld , . , , , , � , , , , , , , , , , , , , , 1 1 . - 1 . 1� , : . ■ �- PUBLIC NEARING ON IMPROVEMENT - STREET IMPROVEMENT 2 ' P.ROJECT y0� SY. 1975-1, ADDENDUM �0� �� • ► � � �� ' , � . . ' . � . ' � �.. . ` � . � ' . . I� �Ul3LI(; EIEARI�I� M�ETI:�G, JULY 14, 1975 � PAG E .2 PU�LI(; HtA�IiVGS (COiVTINUED) PUBLIC HEARING ON REZONING REQUES-r, Z0A #75-03,. BY CITY OF FRIDLEY FOR liEORGE IS IN FRIDLEY T0 REZONE FROM i'1-Z TO C-2; S�ZO EAST RIVER ROAD. ..... PUBLIC HEARING ON VACATI.ON REQUEST, SAV #75-OL, BY DENNIS SMERUD, TO �ACATE �nTH AVENUE �ETWEEN �RD STREET AND UNIVERSITY AVENUE; 4603 3RD STREET i�,E,,,,,,,,,,,,,,,,,,,,,,,,,, 3-3D 4-4E PUBLIC HEARING ON PROPOSED CHARTER CHANGES � AND . RECEIVING RESOLUTION FROM DFL CLUB REGARDING THEIR POSITION. . . . � � � � . . � . . . � . . . . . . � 5 - 5 K . PUBLIC HEARING MEETI��G, JULY 14, 1975 PAGE 3 NEW BUS I iVESS i . _ _ .. . . CONSIDERATION OF A RESOLUTION AUTHORI�I.NG AND 1�IRECTING THE COh1BINING OF SPECIAL ASSESSMENTS ON �OT 9, PARCEL 1510 AiVD LoT 10, PARCF� 151�, BLOCK G, r�IVERVIEW HEIGHTS�ADDITION. � � . � .� � . � � CONSIDERATION OF A f�ESOL(lTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �OT 22, PaRCE� 2185, �OT 23, PARCEL �I9O, AND E� OF Lo-r 24, PaRC�� 2195, BLOCK I, RIVER- YIEW HEIGHTS aDDITION.�. . . . . � � . � . . . � � � � . • � J CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 27, PARCEL Z�1� AND LOT 2�, PARCE� 2215, BLOCK I, RIVE'�V'I�W HEIGHTS ADDITION. . � . � . � � . . H 9 PUBL I C NEaR I iVG i�EET r�IG, ;JULY .14, i975 � � PAGE 4 NEI�J BUS I iVESS ( COidT I(�UED) � CONSIDERATION OF A RESOLUTION AUTHORIZING AND UIRECTING THE COMBINING OF SFECIAL ASSESSMENTS ON LOT 29, PARCEL ZZZI� AND LoT.3U, PARGEL ZLZS, . _ BLOCK i, RIVERVIEW HEIG'rITS ADDITION � . � � � . . � � . CONSIDERATION OF A RESOLUTION AUTNORIZING AND DIRECTING THE COMBINING OF SPECIAL A5SESSMENTS ON LoT 1, PARCEL ZjgOj �OT 2, �ARCEL 23�5, �OT �, PARCEL 23�0 AND LOT 4, PaRCE� 2395, $LOCK �. RIVER- �i1 EW HE I GHTS ADD I T I ON � � . , . . . � . . . . . . � � . 0 � 1� CONSIDERATION OF A RESOLUTION AUTHORIZING AND � DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lo-rs 37 & 38; PaRCE� 2565 aND LoT 39, PARCEL ZS%ll, �LOCK �, �IVERVIEW NEIGkiTS ADDITION. . . . � . . . . . . 11 � � II , I� � , � � � � � � 1 1 1 r � �� PUBLIC HEARIi�iG �t�EETING,� JULY 14,. 1975 PAGE 5 NEI�f BUS I i�ESS ( CONTI NUED) . COl�SIDERATION OF A RESOLUTION AUTHORIZING AND �IRECTING THE CJMBINING OF SPECIA� ASSESSMENTS ON � �OT �6, PARCEL 2605 AND LoT 47, PARCEL �610, BLOCK-.J, RIVERVIEW HEIGHTS ADDITION. � �.� � � � . . . IZ CONSInERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS S&�, PARCEL 2b%5 AND LoT 10, PARCEL Z�i$O, BLOCK K. RIVERVIEW iiEIGHTS ADDITION. � � � � � . � , � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 14, PaRC�� 2700, LoT 15, PARCEL 1�05, LoT le, PARCEL Z%IO, AND �OT 17, �ARGEL 2%15, 1�LOCK K. RIVERVIEW }iEIGHTS ADDITION. . . . . � . . . . . � � � . n 13 14 � � . �J � � � � r r � � ■ , � 1 � ; �. �� r PUBLIC HEARING MEETING, JULY.14; 1975 � � � �� PAGE 6 (VEW BUSI(`JESS (CO��TIP��JED) CONSIDERATION OF A RESOLUTION AUTHORIZING AND I�IRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT la, PARCEL ZgOI�, LOT 11, PARCEL Z9O� AND LOT IZ, PARCEL Z91O, BLOCK L� RIVERVIEW HEIGNTS ADD I T I 0 N � � � � � � � � �: � �� . � . � � . � . . � . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING TNE COMBINING OF SPECIAL ASSESSMENTS ON LoT I3, PaRCE� 2915, Lo-r 14, PARCEL Z��l�, LoT 15, PARCEL Z�ZS, LoT 16, PaRC�� 2930, LoTS 17 & 18, PARCEL Z94O, }�LOCK �, �IVERVIEW iiEIGHTS ADDITION� �� m CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lo-rs 23, PARCEL 2`�65, LoT 24, PaRCE� 2970, LoT Z5, PARCEi. 2975, AND LoT 26, PARCEL Z�a�l�, BLOCK L, RIVERVIEW NEIGHTS ADDITION. . . � � • • .� � � � � � • • 15 7:6 17 i ' ,I, 1975 . . . ... PAGE 7 i PUBLIC HEARIiVG MEETING,� JULY .14; . NEW BJSINESS (CO�JTIi�IUED) � � � .. . . � � �. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON 1 PARCEL 3OU5, Lo-r 30, PARCEL 300� AND LoT 31, BLOCK L, RIVERVIEW iiEIGHTS ADDITION . � � � . . . � � � 1� � . � � � CONSIDERATION OF A RESOLUTION AUTHORIZING AND � . DIRECTING THE COMSINING OF SPECIAL ASSESSMENTS ON Lo-r 4, pARCEL 3350� AND �OT 5, PARCEL '�355� � BLOCK O, RIVERVIEW iiEIGHTS ADDITION. � � . � . . � � � 1� � • � . _ � CONSIDERATION OF�A RESOLUTION AUTHORIZING AND , DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS oN Lo-r 6, PARCEL 33�1�, �,ND Lo-r 7, Pa�cE� 3365, � BLOCK O, RIVERVIEW HEIGHTS ADDITIOiV� � � � . . . � � • ZQ II � I�� PUBLIC HEaRING MEETING,�.IULY 14, 1975 � PAGE 8 fdEW BUSIid�SS (COiVTI��UED) � � �ONSIDERATION OF A RESOLUTIQN.AUTHORIZING AyD . DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT IZ, BLOCK O, PARCEL S�gO; LoT 13, BLOCK O, PaRCE� 3395; AND LoT 14, B�ocK 0, PARCEL 3400, RIVERVI�W iiEIGHTS ADDITION� � � . � � � � . � . . � � � 21 LI CENSE � . � . � . � � � � � � � � . . � � . � - � � � � . ZZ CONSIDERATION OF AGREEMENT FOR APPROVAL OF RICE CREEK ESTATES AND RICE CREEK ESTATES ZND ADDITION� .. Z3 - 13 C ADJQURN�;� e �I � � . i , , , � , � OFFICIAL PUBLICA'I'ION CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING Ov IhIPR�VE6'1ENTS STORM SEiVER Ib1PROVEMENT PROJECT #118 1. . {4HEREAS, the City Council of the City of Fridley, Anoka County, Aiinnesota, has deemed it expedient to receive evidence pertai.ning to the irrrpravements hereinafter described. , NOjJ, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the �� day of • ,71�,1v ,�g75 at 7:30 a'clock P.�f. the City Council wi.11 meet at the City HalZ in said City, and tirill at said time and place hear all parties interested in said improvements in whole ox in part. � The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Storm sewer and reiated appurtenances located as follows: That area bounded by Garaena Avenue on the South, Stinson Blvd on the East, 60th Avenue and its extension to Stinson BZvd on the North and Oakwood Ptanor on the tiVest. � f. � ESTTriATED COST . . . . . . . . . . . . . . . . . . . . , � 2f1, 98I . 25 THAT THE AREA FROPOSED TO BE ASSESSED FOR SAID TMPROVEi�IENTS IS AS FOLLOtdS: � Far Canstruction Ttem above --------------�-----__�_------_-----_---- j , t All of the Iand abutting upon said streets named above and alI lartds � within, aajacent and abutting thereto. j C All of said land to be assessed proportionately according to the benefits rec�ived by such improvement. That should the Council proceed tiaith said improvements they coill consider -� each separate impxovements, except as hereafter other�vise provided.by the ' � Council all under the folla�ring authority, to-wit: Ntinnesota Statubes 1.96I, f Chapter 429 and laios amendatory thereof, and in conformity with the City Charter. ; � DATED TFiIS 16TH DAY OF JUNE , 197 5, BY ORDER OF THE CITY COUNCIL. ! � � I' Publish: July 2, 1975 July 9, 1975 � MAYOR - tiVILLIAM J. NEE � �1 • ' � OFFICIAL PUBLICA'!'ION CITY OF FRIDLEY . (EXHIBIT A) NOTICE OF HEARING ON IhiPROVE�IENTS $TREET IMPROVE��IENT PROJECT ST. 1975-1, ADDENDUi4 r"r3 2 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hexeinaftex described. . NOW, TFIEREFORE, NOTICE IS HEREBY GIVE�t THAT on the 1�.� day of �TULY , 1975 at 7:30 o'clock P.M. the City Co*ancil will meet at the City Hall in said City, and will at said time and place hear all pariies interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: � � CONSTRUCTION ITEhi ' �. � ' �J ' ' ' Street improvements, including grading, stabilized base, hot-mix bituminous mat, located as follows: Siverts Lane: 69th Avenue N.E. to 661 Feet South �Souzh line of Lot "C" Registered Land Survey No. 3) , ESTIM4TED COST . . . . . . . . . . . . . . . � 10, 205. 80 . . . . . . . . . . THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID I�1�IPROVEMENTS IS AS FOLLO�'!S: � ' For Construction Item above � All of the Iand abutting upon said streets named above and alI Iands within, adjacent and abutting thereto. All of said land ta be assessed proportionately according to the benefits received by such iinpravement. That should the Council proceed with said improvements they iaill consider each separate improveMents, except as hereafter othercvise provided by the Council all under the follo�aing authority, to-wit: hlinnesota Statutes 1�61, Chapter 42•9 and laws amendatory thereof, and in conformity with the City Charter. DATED THIS 16TH DAY OF JUNE ,• 1975 , BY ORDER OF Ti-lE CITY COUVCIL. � . Publzsh: July 2, 1975 July 9, 1975 D9AYOR - WILLIAM J. NEE � . .. . - 0 ' ' ' 3 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 14, 1975 in the Council Chamber at 7:30 P.M. for the consideration of the following matter: Consideration of a rezoning reques��, Z0� r75-03, by the City of Fridley, to rezone a.previously p��blic'owned par�el fi'rom ��!-2 fheavy in�dustrial.areas)-�o C-2 {genera7 5usiness areas�,.described as follows: Ail that part of Lot 38, Auditor's Subdivision No. 39 descrvbed as follows: Commencing at a point on the South line of Section 34, Township 30, Range 24�, a distance af 15b.0 feet East a� the Southwest corner of �the Sou�heast Quarter of said Section �.�-.34; thence NortF�, at right ang7es to said sectian line, a distance of 40 feet to the Norther1y righ�-of-way Tine of 37th Avenue N.E., being the actua� point of beginning; thence continuing North, ort the sarne line extended, a distance of 36Q feet; thence Easterly, parallel with and 400 feet North of said section line, a distance of 301.10 -Feet, more or less, to i ts i ntersectior� wi th the l�lesteriy ri ght-of-way l i ne of the East River Road, as no:v laid out and constructed; thence Southerly, along said right-of-way 1ine, a distance of 362.57 feet, more or 1 ess to i ts i n�tersecti on a�i th the noriherly ri gfzi- of-��ay line of 37th Avenue N.E.; thence �6•lesterly, along said , right-of-�r�ay line, a d�stance of 257.98 fieet, more or less, io . the actual point af beginning� The purpose of this rezoning request is to have this properiy zoned to conform to the present use. � Gen�rally located at 3720 East River Road.N.E. Anyone desiring to be heard with reference ta the above matter may be heard at this meeting. � � Publish: June 25, 1975 July 2,�1975 WILLIAM J. NEE MAYOR � � ' '� � , ' ' , � � ' � � � , Planning Commission Meeting - May 7, 1975 � Page 6 3 A Mr. Narris asked if tf�e new garage would match the existing structures on the lot. Mr. Jacobson said it would. have vertical siding instead of horizontal, but i.t would all be painted the. same. Mr. Langenfeld said they should stipulate that the old garage be used for storaye and not for any commercial enterprise. MOTION by Lindblad, seconded by Drigans that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #75-03, by Orville Jacobson. Upon a voice vote, a11 voting aye, Chairman Harris declared the hear.ing closed at 9:45 P.M. � •' MOTION by Lindblad, seconded by Driqans, �hat the Planning Commission recommend to Council approval of the request for a 5pecial Use Permit, SP �75-03, by Orville Jacobson, to a11ow the consL-ruction cf a second accessory building, a 24 ft. x 24 ft. garage, on the South 100 feet of Lot 7, B1ock 2, Brookview 2nd Addition, per Fridley City Code, Sectior 205.05�, 2, A, �he seme beinq 6606 Brookview Drive N.E., with . the following stipvlations. Z. The single car garage not be used for a commercial enterprise and that it be placed on a proper foundation. , 2. Both accessory buildings match the appearance of the house. 3. Both garages meet a11 the code requirements. UPOPl a voice vote, a11 voting aye, the rrrotion carried unanimousZy. r�—'�' �• 3. PUBLIC HEARING: REZONING REQl1EST, ZOA #75-03,± CITY OF FRIDLEY: Rezone from �• M=2 heavy industrial areas to C-Z general business areas , a previously � public owned parcei, part of Lot 38, Auditor's Subdivision No. 39, so this property will be zoned to conform with the present use, the same being 3720 East River Road N.E. , � MOTZON by Lindblad, seconded by Drigans, that the Planning Commission open the Public Hearing on the rezoning request, ZDA #75-03, by the City of Fridley. . Upon a voice vote, a11 voting aye, Chairman Harris declared the. hearirig open at 9:55 P.M. . . • Mr. Boardman said the City purchased this property in 1955. When the zoning . ordinance was adopted in January, 1956, it was zoned M-2. Our deed was recorded on this property in 1960, at the time of the building permit, and since that time, the building has been sold, and it was no longer a public use. The property then reverted back to M-2 zoning, however, there was a commercial establishment on this property, and it should have been rezoned to the proper zoning at the time it was sold. h1r. Harris said th�ere was an add�tion put on this building at the time of purchase by private ownership. Mr. Boardman said that�'George Is In Fridley' wantPd to do sonze remodeling.of that portion of the building that used to be the Fridley liquor store, and in order to do this, the property had to be rezoned. . - Mr. Lindblad asked � M-2 zoning? Mr. Boardman such a use. ' why they couldn't have liquor establishments in M-1 and said the zoning code would have to be changed to allow � . 0 _ � ' � Planning Commission Meeting - May 7, 1975 _ Pa9� 7 � 3$ I, Mr. Drigans asked what the zoning was.on the surrounding property. Mr. Boardman said it was all f4-2 and it was owned by the Metro Sewer Board. Mr. Drigans said this would be spot rezoning. � � � � , � Mr. Langenfeld said he thought this operation would need a Special Use Permit for a recreational facility. Mr. Boardman said this request had nothing to do with anything that the owner might need to develop this, property, and any requests needed to develop this property would have t� come from the owner. This rezoning request Nras just to get this property into the proper zoning for the existing�use. ��tr. Langenfeld said he sees the sign for a game room everytime he goes by this operation. Mr. Boardman said that under C-2 zoning, under accessory uses, it does allow recreational facilities which are open to the public. Their main business would be liquor, so a recreational facility would be an accessory use. Mr. Drigans said that if it wasn't that the Metropolitan Sewer Board owned the property around �nis op�ration, he would be rel,�.:tant to favor spot rezoning. Mr. Boardman said the effects of having a commercial enterprise in this area ' was perhaps no�t all that great, because this was surrounded by a public area. � MOTION by Lind�lad, seconded by Drigans, that the Planninq Commission close � the Public Hearing on the rezoning request, ZOA.#75-03, by the City of Fridley. Upon a voice voi:e, a11 voting aye, Chairmari Harris declared fhe hearing closed at 10:20 P.M. � - MOTION by Drigans, seconded by Harris, that the Planninq Commission recommend to Council approval of the request�for rezoning; ZDA #75-03, by the City of Fridley, � to rezone from. 1i-2 (h�avy industria�Z areas) to C-2 (general business areas) , a previous- , �• 1y public owned parcel, that part of Lot 38, Audztor's Subdivision No. 39, so this property wi1Z be zoned to conform with the present use, the same being.3720 East Ricer ' Road N.E. , ' .� ' r � � I � Mr. Harris said he hoped the Council understood that this was spot rezoning. UPON A VOICE VOTE, a11 voting aye, the motion carxied unan�mously. 4.� REQUEST FOR TREE REMOVAL: ISLANOS OF PEACE . � Mr. Harris said it was his understanding that the Parks & R�ecreation Commission had not acted on this request as yet du��to an oversight at their last meeting.. � Mr. Boardman said there were two ways the Planning Commission could handle this. They could table'the request until after the Parks and Recreation Commission had made a recommendation, or review the request at this time, and suggest denial or approval, subject to the Parks & Recreation Commission recommendation. ,: � Mr. Boardman said these were`��•not diseased trees, but in order to get a bridge in that�would meet the handicap requi-rements, they� were going to have to do some regrading in the area. They wouldn't know haw many trees they would have to remove until actual constructionstarted„ They were asking for removal of a maximum of ten trees, but they hape it will be much less than that, and would make an effort to save all the trees. It was just in case they have to remo ve some trees, they want to have prior approval, so that construction wouldn't have to be held up, once it starts. Mr. Boardman said the City does have a regrading plan, but it doesn't show �., � ! � ' . ,F..^ ��•'� t '� ' , � � •', '• ' i. , �� . ,� �-'��, '��,i ' --y ; ZOA #75-03 CITY OF FRIDLEY ! + i ;� %� � ',, � REZONE from M-2 to C-2 !` �.�s,�r.o� , ; , , , , ; r"'� 3720 East Ri ver Road ; ti�;::,7�n, �o%t �' � j"' � ... ' M.L.S. �l>nn, � /J6S � • � � � �: � � � : j / � C� f �� { � ! 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OFF. 8 � � COMPILE BASED 0 EFFECTi� 3 Ci ty of Fri dl ey AMENDtN �f �720 East River Road. � � � Nole Revited rV � E�ce�l�ws � a oRawN OFFICIAL NOTICE CfTY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: � Notice is hereby given that there will be a Public Hearing of the City Council of the City of Ft^idley in the City Hall at 6431 University Avenue Northeast on Monday, July 14, 1975, in the Council Chamber at 7:30 P.M. fa+• the consideration of the foiiowing r�atter: Consideration of a request for a Vacation, SAV #75-02, by Dennis Smerud, to vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., PTymouth Addition, located in the South Nalf of Section 26, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 4603 3rd Street N.E. Anyone disiring to be heard with reference to the above matter �i.11 be heard at the above �time ar�d pl ace�. Publish: June 25, 1975 Jt11y 2, 1975 WILLIAM J. NEE MAYOR r � � I , �s i3 , ,� � :� . �.rr f!C Z ; �i;� o. '� ,,� 0 � „ � ,�. ;: . , �- � ;,�1'�`� � ..t�7 ��" � ?? ; , ° , ..�11 �--I - . t�r�i�— li � �� _. . _ - b b$ ; r ��3 � '",. .. _�,� '� ��'�. '` �,� �� - , � �'„� . � � � .... �-, z-fk q .. f t�7L�2 _ >��'. � •� NfS�� .. ` . �,03 ° Ngo3 - � -, � - � �ri , 'i �i /•f., • v . .., o�- �� . __ . ,,, r�, �� 4 A „ �` c:�� .� 6 V F . � � .V-.� SAV #75-02 LOREN SMERUD � Vacate 46th Avenue between 3rd St. & University Avenue N.E. . '� ! C.: t�! ' DRAWING FROM ENGINEERING DEPARTMENT SNOWING �,.;�j;) }�� LOCATION OF UTILITY SEMENT , , , ' ; -______ —. 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' � ti. f� � C�I�L �N(Y�� - -.^-� _ H_5_Z 4 � " � � •1� .. -,-,�+- - -B � - i `, .. - , '� z �;_ �tj�� --�u�:� � �, �.. fz r., ' �-------�-- , - :�.. . F_ `� - � ---�i ; .�33� �'----" f -' ' � H5 r ' ` - -. �r _�_.� ; L� - �yr�9 ; �? - ►13�� _ �a� ;�� _.�is��_. .. � � �. "� . ,. ; �N 3 �. ,... , „- liJ/o ^•it" �' ��--- ��;�l7 �--� , T• ..-wr+i�.f'i'�-'_' _ � rI �..r �� ' 0 �603 3rd St. N.E. Fridley, i�;inn. April �C, 1G75 � City �f Fridley � rl��nin� & Zonin� City Fall � Fridley, i�4inn. ��u32 Gentlernen: � The �ronerty tr��.� Z�Te �:re reeu�stin� you t� va.c�te is trQ cit�r rrenert�� ;'= �Ch ?:�y nei �i�;�or, b�:r. Robert !�� c?�er �r.c, n.��self ha.ETe ��n �'�a ir.t� inir� far ei��t ,;�e�rs, ��r?^_ich zncl.udes cutiirl� i,,re �r� ss, �ro��ii:��; arrv �s, �ro��in� �' �t�:ers a.:d ta �:irx: cC�re cf' 'tri7�nin� trees, in s�r.��t m�:nir,� ��e� �rc�r�e:rty 1��: s_ti,r.active . bets��een our tt.-o nr�per�ies. 2''riis �.,� h2ve done on our o*..=�n *�=ithout a. co�:a�l�.�.int to th�e city zor the t�*or'_.z we rs.ve c�cne. � Tris �ronerty i� a Le�d end street ri�ht—c�—?�ia5� t�-ith Hi�h�•.�a.y �-7 runnin� behind it, so I �.�ou�d assu:r;e t�"_P,z'P. i�Ti�l r:ever oe a � reason fo-r a street to �o t�:rou��. It �,�cu�d 2lso �e��.n t:^_at t.ze city i*ould be r�ceivir�� t2xes for tris pro:;erty ra.ther tl�n to ' ha_ve i t v^ cant �.nd not re ce ive �ny r�one..y �� t 211. 4B � By my bein� �ble tc obtain hali �� ?�ronarty it ��Tot�ld in�.'�e it noasible fcr m,;*self to e�.lar�F m�r hor:�e ��hich I urct�. �d do t'_^is surr:mer, acdin� z�'4� x?� ��c�.�iti�n. This �rTr,u?d also incr�a.se � my �ro�erty t�xPS to the �ity of nridley f�or mcr� ir_cani? �o the , city. I feel i� ;;tou ti�rould �v�c�_te t'Zis pronert,y, it ��.�ou�.d heln . us to im�re��Q o��r block area to keep the v�lue of �Ii cur >>rcoerties up �nd in turn rel� kee,o tre City of F'ridlev � better pla�e in � vrhi.ch to l.ive. - . ' Sirt�.re? Y, • �% 7G�✓ 6' �� Loren D, Smerud ` ma.:3 � � � I � . . � � I� � . � � � � � ,� � 1 Apri:L 26, 1��75 BE I`P U��UEt�3TGOD THA: T'�E UNDE�SIG?�ED H:�V� B�'�N INFORI�� r� TH!�T A R��UE�T I3 B'�I?�'G N?�� TC VACtiT� T''.E Pi�C�F�.'�TY AT ubth� �VE. B�T�'.'E�n' 3r't� j�. A�.'D rt�,'IV1'R3ITY AV�. i`. E. � Ai�'D T:'_tiT TL � YnC, '�'n'.�'Y AT �' 6C3 �rc.. St . P: ,�' .'.'; ILL BE 4D�I'�� C?�: T^ �;'.�.; HCI�:L t1 2uF� �Y 2�1•Ft �.DLITIC;< CI�' T:iE �GUi': Si�E. �Ai��IE � � �� C� - �L ' � ,v_„�,�., ��-,.� -�- �'1�?..,� �_,�-� ��l � -�' , -� - � ��z;f . Jl \� ��-� 'f �. � � �%GL c t � �c ¢' �,�,o . ' /�, �� dy, � � :.. . !`f /� /i't.iG. . � _ ,'/��,. , . ��. � � 4C A��:=:::33 �s�y�-- .�� `i � �D 3 �� ,� � �� ' �. 7 �� - � �-.� ..-��.,�-�` �%6� � y�� '��0 3 � J�� ! � • � � I � • ' ' . ` PLANNING COMMISSION MEETING CITY OF FRIDLEY MAY 21, 1975 PAGE 1 � CALL TO ORD�R: . � � .i .� � .� � r � Chai�rman Harris called the meeting to order at 8:00 P.M. ROLL CALL: �I D Members Present: Harris, Meissner,.Drigans Members Absent: Lindblad, Peterson Others Present: James Langenfeld, Ex-officio member of the Planning Commission - ' Jerrold Boardman, Planning Assistant APPROVE PLANNING COMf+1ISSI0N MINUTES: MAY 7, 1975 MOTION bg Drigans, seconded by Meissner, tf�rit�the Planning Commission m�nutes of the May 7,`1975 meeting be approved as written. Upon a voice vote, a11 voting aye, the motion'carried unanzmously. RECEIVE PARKS & RECR�ATION COf�IMISSION SUBCOMP�ITTEE MINUTES: APRIL 28, 1975 MOTION by Drigans, seconded by Meissner, that tlie Planning Commission receive the Parks & Recreation Subcommittee minutes of their. meeting of Apri1 28, 1975. Upon a vaice vote, a11 voting aye, tl�e motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILI7IES SUBCOMMITTEE MINUTES: MAY 13, 1975 ' MOTION by Meissner, secanded by Drigans, that the Planning Commission receive the Flats & Subdivisions-Streets & Utilities Subcommittee minutes of the May 13, 1975 meeting. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE ENVIRONMENTAt QUALITY COMMISSION MINUTES: APRIL 29, 1975 MOTION by Meissner, seconded by Drigans, that the Planning Commission receive the Environmental Quality Comm:ission mi.nutes af the Apri1 29, 1975 meeting. Upon a voiae vote, a11 voting aye, the motion. carried unanimously. f . RECEIVE BUTLDING STANDARDS-DESIGN CONTROL SUBCOP�MITTEE MINUTES: MAY 14, 1975 MOTI N by Drigans, seconded by Meissner, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of May 14, 1975 meeting. Upon a voice vote•, a11 voting aye, the motion carried unanimously. • � 1. CONSIDERATION OF A VACATION REQUEST: SAV #75-02, �:Y LOREN SMERUD: Vacate 46th Avenue N.E. between 3rd Street.and University Avenue N.E., to allow the construc- tion of a 24 ft. x 24 ft. addition at'`4603�3r�ct'Str�'et N. E. i � � � Mr. & Mrs. Loren Smerud of 4603 3rd Street N.E. and Mr. Robert Archer, 4595 3rd Street N.E. were present. � Mr. Boardman said the administration had no objection to this vacation request, but an easement would have to be retained for the storm sewer in the South Half of I ,� � � r . � � �_J � �� ' • � Planninq Commission Meeting - May 21, 1975 � Page 2 �� 4E the str.eet being vacated, and for. the 12 foot easement in the alley would have ` ta be extended across the vacated street, because of the power lines in this easement. � Mr. Narris asked the purpose of this vacation? Mr. Smerud said it would enable ; him to construct an addition to his home without asking for a variance, and as they = were maintaining this property already, they would prefer to awn it. Mr. Boardman . said the proposed addition ��ould be 8 feet from the present property line, and Mr. Smerud was told to either ask for a variance�or request a vacation of the street, and ; Mr. Smerud chose to ask for the vacation. . � Mr. Langenfeld said the adjacent property owners to this street had been main- i taining it for the past 8 years. � Mr. Harris asked Mr. Archer, the ather adjacent property owner, how he felt � about the vacation ^f this street? Mr. Archer said he was in agreement to having { it vacated, and hE had been maintaining the property also. Mr. Drigans asked Mr. Smerud what he was going to do with the existing garage? � Mr. Smerud said he was going to tear it down. . � MOTION by Drigans, sec�nded by Meissner, that the Planning Commission recommend to Council approval of vacation request, SAV ��75-D2, by Loren Smerud, to vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E., to allow the construction ` of a 24' x 24' addition to 4603 3rd Street N.E. with the following stipuTations: 1. Retain the storm sewer easement over the Northerly 20 feet of the South Half of 46th Avenue being vacated. . 2. Retain a 12 foot utility easement in the ex�ension of the alley between Block 9 and 16, Plymou�h Addition.. 3. The existing garage be town down.when the addition with the tuck under garage is completed. Mr. Smerud asked what problems he would have if this garage wasn't torn down '� �'at,that time. Mr. Boardman said he would have to apply for a Special Use Permi�t for a second accessory building. Mr. Smerud said he didn't know about the restric- � tions.on a second accessory building, so he would probably tear do.wn the existing garage. Mr. Meissner said this would not be such a rigid stipulation, that the very day the addition was completed, the garage had to come down, but he would have to comply within a reasonable time. Mr. Smerud said he would like to use the present �� garage for storage while the second garage was being built. . Mr. Meissner eardithdownf he wouldeahen havetto apply foruthetSpec9alaUsef Permit. � storage, and not t r � ' . UPON A VOICE VOTE, all.voting aye, the motian carried unanimously. 2. CONSIDERATION OF A VACATION REQUEST: SAV #75-03, MACHINING INC.: Vacate the a�ley in Block 5, Spring arook Park Addition, that lies between Ashton Avenue and the railroad'`tracks, to allow for an addition that will join two existing buildings, at 140 Liberty Street N.E. - Mr. Frank Schaul, co=�own �r;,of Machining, Inc.,.was present. �./ \ . . . PUBLIC IiEARIPJG 0!� PROPQSED CI�ARTER CHA�VGES (OFFICIAL NOTICEj CITY OF FRIDL EY •There �,ril] be a public hearing before the City Council at 7�3� p.m, on July 14, 1975 to consider the following changes in the Charter of the City of Fridley. Language that is proposed to be added to the Charter is shown as follows: yew Cnarter lanquage Language that is Qroposed to be deleted from the Charter is shown as follows: 8e�e�e�-£�a��e�-�a�a�a�e i`he changes are -as follows: Section 2.03, paragraph 6, ELECTED OFFICIALS.� The term of mayor and of each �councilman shall begin on the fir�t official business day in the month of January next fol.lowing his election and shall end when his successor has been duly e]ected and has qualified. The first order of business at the first official council ,meetinq in January shall be the swearin,� in of the newly elected members of tne council. The council shall be the judge of the elect�on of its members. ' II � II � � Section 2.09, paragraph 2, INVESTIGATION OF CITY AFFAIRS. Any riember of the c�uncil may request in writinq any soecific inforr�ation relating to an� department via the Cit,� Mana�er The Cit�Mana�er shall respond in writinq witi;in a reasonable �eri od of ti me . Se�tion 4.03, PRIP�ARY ELECTIONS. �fle-ee��ae��=s�a3.�-��e�e�e�-�ed�-E4�-e�-�s�e-ea��a�es- qa�e-#}�e�-�s�-a�y-e��+�ro�de-e�€�ee-e�-�e�-ee��e��a�a-e�-a�y-a�a�d;-e�-wa�ds ,-��e��d� �a�=e��N-e��papEe-o�=-�eso��e�-�e�-��a��-e�ee��e�-�e-�e-�e��;�E��yw�de-e�-;p-a�y �a��}e��a�-wa�d;-s�-wa��s ;-a��-s�e�-�►��►�a��-e�ee��e��sba��-He--4�e��-e�-a-�a�e-pe�-�ess �bap-��9�-�a�+s-��e�-�s-�be-�e�e�a�-e�ee��o�:--��e-ee��e��=�ay;=w�e�aeve�-�b�ee-o� �e�e-ea��}�a�e�-i�a�re-�}�e�-#e�-a��-e��a�}�e-e�#�ee;-s�-�e�-eo��e}��+a�-e�-aqy-wa�d;-e� wa�ds-,-��ev�de�-�b�ea�b-e�d��apee-e�-�ese��o�-�e�-e��ax�-e�ee��ep-�e-�e-�e�d;- e}�yt�►�de-e�-��-aRy��a��e��a�-wa��;-e�-wa��s--apd-s�eb-��}r��,�-e�ee��e�-sAa��-�e- , He�d-e�-a-da�e-pe�-�ess-�bap-38-days-��s�-�e-�He-�e�e�a�-e�eE��e�.-- On the first 'F�esday after the second P7onday of each Septe��ber there shall be a primary election for the selection of t�vo nominees for each electiv� office at the regular municipal election, unless onlv two nominees fiie for_e_ach_elective office. Section 4.05, JUDGES AND CLERKS OF ELEGTIO,J. The councii shall at least E�83-�e�-days 25 or 30 days (accordinq to state statutes) before each municipal election appoint three qualified voters of each voting precinct to be ju'dges of eiections therein and �wo qualified voters of t6�e same �recinct to be clerks of election, or as many more or less as may be determined by t��e council. No person signing or circuiating a petition of nomination of candidate for election to office or any member �f a committee �etitioninq a refer�ndum or r�call siiall be eligible to serve as a judge or clerk of such election. 5A PUB U C HEARING ON PROPOSED CNAKTER CN�NGES (CONTINUED) PAGE 2 Section 4.08, CANVASS OF ELECTIONS A;�D TAKI?�G OF OFFICE. The Council.shall meet and canvass the election returns within ��ve seven calendar days after any regular or special elections, and shall make full declaration of t{�e results as soon as possible and file a statement thereof with the city clerk, and said statement shall be made a part of the minutes. Section 5.02, EXPENDITUKES BY PETITIOPdE.RS. No member of any initiative, referendum, or recall committe, no circulator of a signature paper, and no signer of any such pa�er, or any other person, shall acceat or offer any reward, pecuniary or otherwise, for servi ce rendered in connecti on wi th the ci rculation thereof, but thi s sha11 not prevent the committee from paying for 1ega1 advice and from incurring an expense not to exceed $50.00 f^r stationery, copying, printing, and notaries' fees, Any violation of the provisions of this sec�ion is a misdemeanor, subject io a fine not less than $50, not to exceed $200. � Section 5.08, INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the vote rs the opportunity to vote either "yes" or "no" on the quQstion of adoption. If a majority of the electors voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the eity. Any number of praposed ordinances may be voted upon at the same election but the voter shali be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the {�igher percentage of eiectors �e��'and have at least 55% of the votes cast on the question shall prevail to the extent of the i ncons.i stency. Section 5.19, PENALTY� FOR FALSELY ATTESTING T0, ANY SIGP�ATURE ON A PETITION. Any person circulating a petition for the initiatian of an ordinance, the initiation of charter amendments, for a referendum or the recall of an elected official, shall be uilt of a misdemeanor and shall be fined not less than 50 for falsely attesting to any si�nature on the oetition. Electors forminq themseives in±o a committee for the �urpose of circulating a petit��on shall provide each circula_to r of such petition with a copyo uf this section of the � Charter. S�ction 6.04, SUBORDINATE UFFICERS. There'shall be a city clerk, city treasurer, city 1 attorney and s:ach other�officers subordinate to the city manager as the council may provide for by ordinances. The city attorney �ha�3-�e-a��e��*ed-��r-��e-Eea�e�.� and/or the leqal officer(s) shall be appointed by the city manaqer with ihe approval of the council. The city clerk shall be subject to tlie direction of the city manager and �s�iall have such duties in connection with the keeping of the public records, the custody and disbursement of the oublic funds, and the general administration of the city's affairs as shall be ordained by the council. He may be designated to act as secretary �of the council. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. _ �� ,' 1. ! ,PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 3 Section 6.05, PURCHASES AND CONTRACTS, The city manac�er shali be the chief purchas�ng agent of the city. l�ll purchases on behalf of the city shall be r�ade, and all contract�s let, by the city manager, provided that tiie anproval of the council must be given in advance tivhenever the amount of such purchase or contract exceeds $�;AAB:aA $5,000.00. All contracts, bonds, and instruments of every kind to which the city shall be a�arty shall be signed by the mayor on behalf of the City as well. as by the city manager, and shal� be executed in the name of the city. Section 6.06, CONTRACTS, HO��J LET, In all cases of contracts for the purchase of merchandise, materials or equioment or for any kind of construc�ion work undertaken by the city, which require an expenditure of more than ��;8A9:89 $5,000.00, unless the council shall by an emz.rg�ncy ordinance otherwise provide, the city manae�er sha11 advertise for bids by at least ��-10 days puuli��shed notice in the official newspaper. Contracts and purchases in excess �;A8A:89 $5,000.00 shall be let to the lowest responsi bl e bi dder as determi ned by the counc��'l ,—The counci l may, however, reject any and all�6ids. !Vothing contained in this section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. . �Section 7.02, PO!�ER OF TAXATIOi�. The city shall have, in add�tion t this charter expressly or impliedly granted, all the powe rs to raise � pursuant to the laws of the state which a�re applicable to cities of �which it may be a member from time to time provided that the amount against real and personal propety within the eity for general city p not exceed �9 16 mills on each dollar of the assessed valuation of t 'the city. In calculating such limit the assessed value of prope rty purposes shall be determined as now provided in �1innesota Statutes, Subdivision 7a. � � � Section 7.02, S�ction B�; POWER OF TAXATION, any year against real a��-�e�set�a� property mill limitation and the levies specified: � o the powers by money by taxation the class of of taxes levied urposes shall he prope rty taxable in used for homestead Section 273.13, The city council may also levy a tax in within the city in addition to said 3A 16 Section 7.03, B4A�8-8F-EQd��A��BPI BOARD OF REVIEW. The council shall constitute a board of e�aa��a��e� review and shall meet as such in the usua] place for holding council meetings t� equalize the assessed valuations according to law, and a published notice of such meeting shall be given in the official newspaper of the city at least €��ee� ten days prior to the day of said meeting. �Section 7.04, paragraph 2, PREPARATIOfJ OF ANNUAL BUDGET, In parallel columns shall be added the amounts exoended under similar heads for the two preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the �current year. In addition to estimates of expe.nditures, the city manager shall prepare a de.tailed statement of revenues collected for ihe two preceding completed fiscal years with amounts estimated�to be collected for t{ie current fiscal year, and an estimate of �revenues for the ensuing fiscal year. The estimates shall be submitted to the council at its fi rst regular monthly meeting in Ab�tts� September.. ., . LJ . _ , . PUBLIC HEARING OfJ PROPOSED CH/�RTEFt CHAi�(GES (C�NTIt�UED) PAGE 4 Section 7.05, PASSAGE OF TI�E BUDGET. The budget shall be the principal item � of business at the first regular monthly meeting of ihe councii in AuQ�s� September, and the council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetingsshal.l be so conducted as to give interested citizens a reasonable amount of time in ��hich to be heard', and an opportunity to ask questions. The budget estimates shall be read in full and the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall set forth in suci� detail as may be deterr�ined by the city council, the complete financial nlan of t:�e city for the ensuing fiscal year; and shall be signed by the majority of the council upon being adopted, It shall indicate the sums to be raised and from what sources, and the sums� to be spent and for what purposes, according to plan indicated in Section 7.04, Ti�e total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget ��:�fi�Q-�be-�ep�b-e�- �e��e��e� not later than the last council meeting in Octo6er by ordinar�ce vri�ich shal] set forth the tota� of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7,04. Section 7.09, LEVY A��D COLLECTION OF TAXES. On or before the ��-8�-8e�e�e� first council meetin of November each year the council shall levy by resolution t e taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The c�ty clerk shall transmit to tr�e county auditor annually, not later than the lUth of Ae�o�e� November, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in l�ike manner as state�and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount reqiured to be raised for the special aurpose for which the same is levied, but in that case the surplus shall go into a sus.pense fund, and shall be used to reduce the levy for the ensuing ye ar. � • 5C �Section 7.14, ACCOUNTS AND REPO4TS: The city manager shal] be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce oroper accounting methods, forms, blanks, and other devices consistent witli the law, t,iis charier, and the ordinances in accord with it. He shall subinit to ' the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, the amount spent or charc�eable against each of the annual budget allowances and the balances left in each, and such otiier information 1 relative to the finances of the city as the council may require. The council may at any time and shall annually provide for an audit of the city finances by a certified public accountant or by the department of the state authorized to make examinations of , the affairs of municipalities. On o r before the.first day of-A��}� June in each year the city manager s�all prepare a complete financial statement in form approved by the council of ihe city's financia1 operations for the �receding ca1endar year, which statement may be published in such manner as the council may direct and a summary I� thereof shall be published in the official newspaoer on or before A�� Jun� lOth of each year. • ' , �J 1 , � , PUBLIC HEARING 0"J PROPOSED CHARTER CtiANGES (CONTINUED) PAGE 5 Section 7.17, DEBT AND TAX ANTICIPATION CERTIFICATES, (a) If in any year the receipts from taxes or other sources should fram some unforeseen cause become insufficient for the ordinary expenses of the city, as provided for in the budget, or if any calamity or other public emergency should subject the city to tlis necessity of making extraordinary expendituresa then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed eighteen months and to bear interest at not more than �i�-�e�ee��-�er-a��b� allowable by State Statutes. A tax sufficient to redeem all such certificates at maturity shall be levied as oart of tV�e budget of the following year, The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at ]east four of the members of the council; the ordinance, may if deemed necessary, be passed as an emergency ordinance. (b) For the purpose of providing necessary moneys to 'the council may issue certificates of indebtedness in of taxes oayable in s�ch year, on such terms.and�condi � interest at a rate not �e-e�ceeed-s��c-�e�ee��-�e�-a�p�� ,Statutes; provided that such certificates outstanding forty oercent of the tax levy payable in the current y the benefit of which the borrowing is authorized. ' ' ' ' I'f.�,�� ;: 1. ' !Z�J meet authorized expenditures, any year prior to tne receipt tions as it may determine, bearing more than allowable by State at any one time shall not exceed ear belonging to the fund for Section 8.05, PUBLIC WORKS: HOLJ PERFORMED. Public works including all local improvements, may be constructed, extended, repaired and maintained either by contract or, if the estimated cost is less than e�e-��e�s��d five thousand d�llars, directly by day labor. Before receiving 6ids the city manager snall, under the direction af the City Council, have suitable plans and specifications prepar�d for the proposed material or project and the estimate of the cost the�reof in detail. The award of any contract amounting to more than ten thousand dollars shall require a fourth-fifths voie of the City Counci 1, !dhen the best interest of the ci ty wi 11 be served thereby, �he City Council may organize a construction department under competent supervision and pro�i ded wi th sui tab7 e equi pment. Section 10.04, P�.WER OF REGULATIO�V RESERVED. The city shall have the right and power to regui�te and control the exercise by a corporation, co�partnership, person or other entity, of any franchise'. however acquire d, and whether such.franchise has been heretofore granted by the ��aa�e City �f Fridley or by the Stat� of i7rnnesota,or shall hereafter be granted by the city or by the State of ��linnesota. Section 10.05, RATES AND CHARGES. Every ��e-��y franchisee making use of the street or nublic places within the city shall give courteous, efficient and adequate service at reasonable rates, A reasonable rate shall be construed to b� one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the city and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise va]ue, Within these ]imits the determination of maximum rates, fares or charges to be charged by any �a�3�e-��y franchisee for service rendered to the city or to any person, persons, firm or corporation within the city shall be made, if possible�, by direct negotiations between the ryu��e-��,� franchisee and the ' council. In case of failure to reach an agreement by this method within a reasonable time the council may, in its discretion, agree to submit to arb.itration on such terms as it may deem feasibie or upon such terms as the franchise provides for, the fixing of the rates, fares or charges to be made by the �a��E-��y franchisee; provided, however, that the rates, fares or charges so fixed by arbiyration shall not be binding on the ci t_v for more than fi ve y�ears. � 5E 1 � � PUBLIC HEl�RING ON PROPOSED CHARTER CHANGES (CONTINUEDj PRGE 6 Section 10.06, PRUVISIONS OF FRANCHISES, (a) Every franchise shall contain, among �other things, provisions relating to the following: . (1) The term of the franchise granted, which shall not exceed 25 years, �(2) Rates, fares and charges to be cliarged•by the ea�i��e-ti�}��y franchisee in compliance with the terms and provision of Section 10.05. '�(3) The rights rese.rved to the city in connection with the erection of poles, r�asts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, �and the placing in the streets or other public places of any permanent or semi= oermanent fixtue�s or equipment by the ��}e-��= franchisee. (4) The prompt repair by the �a��e-�� franchisee of all damages to the public ' streets, alleys and public prooer�y occasioned by the acts of omissions of the ��}e-d��}�y franchisee. , ' ' ' ' , (5) The rights of the city to have access to all books, records and papers of the ��g}�E-a�}}}�y franchisee which in any way deal with, affect or record its operations within and nertaining to the city and pertaining to property and eauipment used and useful in furnishing service to the city and its inhabitants. (b) Every franchise r�ay shall contain, among other things, provisions relating to the following: (1) The nower and right of the city to submit to arbitration the fixing of any rates, fares or charges to be made by the �a��e-��}��.fr.anchisee. (2) The right of the ��e-��i�y franchisee to receive upon condemnation proceedings brought by the city to acquire the �u�3�E-��3��+ f ranchisee compensation for its f ranchise or the value thereof, if any. . Section 10.09, PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by a��e-a��r franchisee are fixed, there shall be a public hearing by the c�uncil in regard thereto. Notice of such public hearing shall be given by published ntoice at least once in the official newspape r not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing.may be given in such manner as the council shall determine. Section 12.07, VACATION OF ST REETS. The council shall have the exclusive power, �by ordinance passed by a vote of at least four members�of the council, to vacate or discontinue highways, streets, easements, and alleys wit�in the City. Such vacations may be made only after notice, and hearing of affected property owners, and�upon such furt��er ' ter�ns, and by such orocedure as t��e council r�ay by ordi�ance, prescribe. A r�cord of each such ��acation s:�all be filed in the office of the Register of Deeds of Anoka County. � ' i � i � � ,PUBLIC HEARING ON PROPOSED CHARTER CNANGES (COiVTINUED� PAGE 7 ' - . �ee��ep-�2 : ��-,-�EFI�'��E ;-PBW��-API�-Sd��E�-9F-PRE��Pl�-8FF�6ER� ; --��e�-��e-e�€ee��ve •�a�e-e�-�be�-6�a��e�-apd-��-�be-�}�s�-�le��ay-a#'�e�-��e-#'��s�-��esda�-��-da�aa�y3 � �958;-�be-P9aye�-e�-��e-�l��a�e-e�-��°��ey-a�-�be-��re-e�-��e-e�#ee��e-�a�e-e�-�b�s 6ba��e�-sl�a��-se�ve-as-P�laye�-a�-�be-&��r-e�-��e�+;-a��-��e-�e��e��r��a-e�-sa��- �►�}�a�e-a�-�l�e-��t�e-e�-��e-e��ee��e-�a�e-e�-�b��-e�a��e�-s�a��-�e-a��-sba��-se��e , as-�er��e�s-e#'-�be-6}�y-Ee�pe}�: • Section ��:�� 12.11 �Section number changed), APPLICATIOiV OF GENERAL LAWS. , Section ��:�3 12.12 (Section number changed), EXISTING ORDINANCES, REGULATIONS, BOARDS AND CO"�MISSIONS COP�TINUED. , Section ��:�4 i2.13 (Section number changed), PENQ:i�G GONDEMNATIONS AND ASSESSMENTS n 5F �'ridley Cit� Cour!cil F-ridle;,r Ci+J ri��ll 6431 U�xversi �;;r hve. Fridl ey, i:�� 5 ��32 June 2g, 197� To tn.� CitJ Council: The � ri�ley L�'�, Club ��as revie�rred" the chan`•es proposed by -�lie Chart��r C�o�:m�_ssion to ' trie City rha.-rter. At our re��'ul::, ::�ee �ir�;_; of �un� 26, 1975 �h� club ado � ��d the posi-��_o�s ir_uicated on the at ��.chr�en� enclosed. The resol�t-�io_� ��a::er by �;'r4 c1�.b �.ixec i,ed tf�at a eopy of ine clubs �ias�i �.i.o�-� '�e sen � to bo�t.2 tne Chart�er Co:�..^�ission an� -t:na C'14� C�u:�cil. . If T can be o-`' a�y assistance to you, or -the City st�.fi concerrlin,;.�his u�,iter, please� z��el iree to call. - Enclosure % Sincerely, � �.tirv�� • 7c � Denna.s Z, Schneider Chairman, Fridley DL:L Club 6190 stin.so:a Blvd. Fridley, T�,iN 55432 Homs pizone: 5'71-7059 Bus. phone: 633-6170 � Ext 5002 m � 5G 0 ,� . t � �' . � � i , � ' ' ' �J , Fridley C'�^ar�er Cor.�_:i�sion It�Lc�. Ray Sheridwn, Chaiman Fricley Cit�.- Hall b431 Un.iversi �y Ave. . Fridlev , T,�� 55432 De�,r I�,:r. Sheridan: dune 29, 1975 As per yo��:r requ::st at the TIa� 20 meeting of the Charter Cor.i,-;lissia�. �he ��ridley D� I, Club as revie�red the proposed ch�.n;Mes �o �1,e r�^idley Ch�.rter. nt our -re�lar b.eetin� of June 26, 1q75 thc club ado?�ted. by resolutian, the fo7.lo:�: � n� recc^r: e:�d�.tions concernin� the C�i�.rter and dir— ec �ed �'_�wt they '�e sent to you �,nd copied to the City Covnc�.l; • SG'Ct? �?"? %.O3 5ec-�ion 2.G5 Sec�ion 2.Og Section 4.03 Sec�ion 4.0� Section 4.08 Sec�ion 5.02 Ccnc�ar ;71 ��: G`�'1�'�-.�'�� 0:,'� 1SN10 i :'_:��1b��. Corcur �,rith Ch�.r�t;er as ar_��ended by recent special election. Concur ��rith Cl1�,rter Co�ur_ission changes. Concur ��vith Charter Cor�:r�ission chang�s. Concur i•�ith Charter Co�2ssion e��ar�ges. Concur ti�rith Chwrter Co�r2ission c�an5es. l;or_concur �rith Ch�.rter Go�.nission �ha.n�es. - . Fropose the fol.lo:•iin� chang2s; T�o mer�ber of an� initiative, referendura, or � recall co::u�ittee, na circulator of a si�na-t��se• paper, �,nd no si,;ner of �a.ny such p�.per, or �,„� other pErson, shall accept or offer ar_y r�-.�rar�,, pecuniary or ot��ers•.ise, =or service r�nde� �d in connection �•;ith t'_�e circulntion th�reoi, . Vi ir� U V:.'OS.L ulCJi1 �`"i3O ��I:: �.G�i,i.0ii� Ji.i � �ii1S Sl�c3..'L= no pr�vcn � . . . Prapose tti�3t all references to expense liriits �be raised to �200. C�0 ' Reason for propos�.ls: Fzne li�its are no� ' proper in �ne char �er. '. It is pres�.z�ptuous for the city to usurp the prero�;atives of the court in this instar,ce. The propased addition tilaces the same burdens on all partie's of an action. Citizen ini�tiative should. not have ex�traordinary mewures to overco_:.e in ewses of reco��rse. The increa:;ed ex�ense lir.ii�s reflect �he true expenses of , such actions. 5H � ' Charter Com.mission ' ' � , � J ,� 1 ' ' � ' ' �J � ' ' �� 1 Fridley D�'L Club 5 I Section 5.08 Plonconcur �rith Ch�.rter Cor�mission chanM�s. Propose Charter rer�a �_n �.s is. Re�,son .�or nonconcurrence: The nro�osed c?��,n.�e� rai�°s � majority z�.11e by 5�. for no v�.lid re�.:o�?. A.�y chan�,e to t'_�e basic �remise of rsajorit� �a1e � could be hostiile to the best interests o�' ��e citizen�. � Section 5.19 Section 5.20 ?rTonconcur �•rith Charter Com�^ission aaai �io�.. Propose th�t the follo��in.� ne�r sec�ion b� �c:ced: Sec-�ion 5.19 Sn de �EY'I. inin� �.ze �alic:zt;� oi any petition si ;n�: �ure tne citJ cler'� an:: city cov �cil s'��,11 include all si�;��. �u� es vrnic'_� ��ave not been der�ied '�y �,=�ida�ri � or the p�rson ��•r'�ose si�r�atur� it �urports �o be, or by �he sti�rorn testir..ony of a con- plainar_t statin,� t'_��t to tn.eir '_.nc�aled�e the si� ature is ialse. . Reason for DFL �osition: The additio�. oi Se�tion 5.lg as� vro�osed b� t�=e C.��.rter Cor.L-r_ission �rould ii�,ve �he efrect o� th;.�art- in� ar_d placin� extrao�din�,ry h�.ndica�s u�on ci �izens attemn �in� to seelr recou-rse. S ��. �e- r�_ents of fines an� �resen��,tion of sec�io� s of the ci.t3� c��art�r co�.zld �er?d to inhzbit pe �ition circulators--this ,ro�.zld be aliz� to a free goverranent �vi�;h ci �izeri p�.2" �i Cl�w- tion. Tre DFZ pro�osed clz�:,ri�e provides a defined r;�ec��anisrl to preve�t inv�.lid si..�r_�.- ��ures frori bein� considere� as valid. T��is add.ition is �ropa�ed by the DFI, C�u�: Section 5.20 U�on presentatior_ of a suf- ficient petition for ir_� �ative, referenavrz or recall the cou.ncil 1ust act in co.::pli�.nce ��ith the provisior!s of this chapter or a,ppeal -�he validity of the �et�tion to the court. Failure of any r.ze�r�ber of the co�ar cil to act in cor.:nli�.r_ce ti•:ith the �rovisions of this section �R�ithin l.5 days af-�er cert- ifieation of the sufficie_�cy o� the petition shall disquzlify t'ne ofFenczer'fron con�inuir_� in office and that mer.ib.er shall be r�noved therefrom. Reason for propo�al: Govern�-�znt nust be re- sponsive to th� people. The council s'rlould act pro:�ptl�r ��rhen presented ,�ith bonafiae grievances_. Procr�.stination undermines �ne intent of our syster� of �;overnment. ' . . 1 • 0 ' , - � ' Charter Co�.-�ission Fridley t�FL Club :' Section 6.04 i�onconcur �,•rith Charter Comrnission change. Prox�ose C�=�.rter re:�ain as is. Reason for nonconcurrence: Pl�.cin; the appoint�!ent of �he Ci-ty �;ttorne� und�r t��.e city ��anager tal:es ��i:� one steb ?�urt'_�er �,�;ay from tiie peo�ple, �.nd �-;ould ter_� to place his in �erests a�vay fron �he airect needs of the cotiu�.cil, as T�:ell �.s �.ddi�?� ��.n adai.tior_al level of bureaucr�.c;�. iio benei'it for the �ublic . wcLild be �,ined by c�.�.n�in� tnis sectior_, but the loss col?ld b� si�nificant. Section 6.05 ��oncuncur ;�;i �Yl Ch�.rter Co�nission c��an;;es. Propose �^�.t -�.ze aMOiznt .be raiseci to �2000. Re �son: � ive i;'^_ousa?�� doll�.rs defeats the pri�ci_ole of nrud�r cy in ��e day io da� orLr�. �ic � of c� �� o�rerr��er_�. "'- -`�^oasa-r�d .t Yr V L�_ dollars is a�ore 'realistic fi�ure and t-rill per�i � reaso� �.ble� flevibil? ty to accomplish ci-�y oo�.ls . � ur �her �;2000 should be adeGUw �e to acco �od�.te recer� �?nd near ��r� cost increases due to in�'lation. Sec �ion 6. 06 rTonconcur �vith Cnarter Cor�ission chan�es. , . See Section 6.05 . above. Con.cur vJith chan�;e to 10 da;�s. � ' �1 � ' � Section 7.02 i?onconcur cri-�h chan;e to p�.r�:graph "b". Propose th�. u t'_•�e C�arter reTMain as is. • Reason: Persor�2.l tax �-rovision should not be elin.in�.tect in this irst :nc° �.s it � is usecl to Arovide -re,� �nue fro::i cer��.in types of b�asiness opera-Lions ��:��ich should be taxe�. � Section 7.03 SCC�iv:�i 7. ��} � • • Concur with Char�er Cor:�nission chanoes. �I�rcc�c;�.r :,i �h C�«:.rter C�m.�issi�lz c�zwnde. Propose le�.vin.; Cn�.-r �er as it is. Reason: The bud;,et is a va.lid political issue and shokl� be �.vailable_as an issue at the ear� ies � practicable tir�.e. Au�ust is not zn unreason�.ble tzme and therefore should be retained as the tzne for the submission of esti:�a �es. 0 5J i�� ' • � � ' ' � � � , 1 � , Charter Commi:sion Fridley DFL Club Section 7.05 tlonconcur �vith �Charter Comsnission changes. Pro�ose leavin; Charter as it is. Resaon: To �:een this section cansistant vrith D��L proposal for azction 7.0¢. Section 7.09 Nonconcur �,rith.Charter Co��.�ission chzn�es. Propose leavin; Cnarter as it is. Reason: Sar�e as 7.04 and 7.05. Section 7.14 Secti�n 7,17 Section 8.05 Chapter 10 iTor_concur �ri-th Charter Corn.�ission chan��s. Prapose leavin� Charier as it is. Reason: The �ir�.e period st�,ted in the -�re- sent charter is :�or� th�.n �.deq��,te to pre- pare financi�,l sta �e�!ents. Addino excessive tz�e invztes procr�.ti�l�,tion ana is not in ths best ?n Gares � of the public. Concur �Frith Charter Co�:�!ission chan�es. i`onconcur �ri �h Ch�,r �er Co�ission change. See DrL position on Section 6.04. rioncorcur ��i�h Ch�.r ��r Cortimission chan�es. Reason: The lan�;u.a�,e of the c��apter is adequa�e as it presen�ly exists. Section 10.0¢ Concur ,rith Charter� CoTM�ission changes. Section 10.06 Concur i�ith Char-ter CoLli-�ission change. Chapter 12 Concur �Rrith all Charter Co_�.nission chzn�;es to this Chapter. • � Tne Fridley DFL Club appreciat��s the oppor-hznity to revie�-r your grono�ed chan ,-es. Yf you, or �,r�r otner Charier Comm.ission meinber lias questions or co�en�s concerning our position ' and reasons, please �eel free to contact ne. . � ' � � I '� ,� 0 0 Sincerely, . Nir�-r�o"� • �v Dennis I,. Schneider Chairr.�an, �ridley D �'L Club 6190 �tinson Blvd. Fridley, T��i 55432 . Home phone:�571-7059 Bus, phone: 633-6170 X5002 5 ►� 1 MEMO T0: NASIM QURESHI, CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTIONS COMBINING SPEC�IAL ASSESSMENTS FOR THE JULY 14; 1975 AGENDA DATE: JtJLY 9, 1975 All Resolutions combining_special assessments on the July 14th Agenda have been requested by Anoka County. Approval of the combination of lots is not required by the City. We are now requesting that the special assessments be combined. MCB/eh L�J RESOLUTION N0. - 1975 ' A RESOLUTION AUTHORIZING AND DIRECTIPdG THE COMBINING OF SPECIAL ASSESSMENTS ON LOT.9, PARCEL ]510 AND LOT 10, PARCEL 1515, BLOCK G, RIVERVIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 9, Parcel 1510 and Lot 10, Parcel 1515, Biock G,.Riverview Neights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT �ot 9, Blk G, Parcel 1510 Reg SA Paid Riverview Heights SW #13 $ 42.00 SW #21 Paid St 1966-1 Paid Lot 10, Blk G, Parcel 1515 Reg SA Paid Riverview Heights SW #13 42.00 SW #21 Paid St 1966-1 Paid � 84.00 COMBINATION OF PARCELS FUND Lots 9& 10, Blk G, Parcel 1511 Reg SA Riverview Heights SW #13 � SW #21 . St 1966-1 ADOPTED BY THE CITY COUNGIL OF THE CITY OF FRIDLEY THIS 1975. ATTEST: CITY CLERK - Marvin C. Brunsell Paid $ 84.00 Paid Paid 84.00 MAYOR - WILLIAP� J. NEE DAY I� � � . � ' � � 7 ' RESOLUiION N0. - 1975 � ' � A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 22, PARCEL 2185, LOT 23, PARCEL 2190, AND E2 OF L07 24, PARCEL 2195, BLOCK.I; RIVERVIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 22, Parcel 2185, Lot 23, Parcel 2190 and EZ of Lot 24, Parcel 2195, Block I, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS � Lot 22, Blk I, Parcel 2185 Riverview Heights , � � Lot 23, 8ik I, Parcel 2190 Riverview Heights E2 of Lot 24, Blk I, Parcel 2195 Riverview Heights � COMBINATION OF PARCELS Lots 22, 23 & EZ of 24, Blk I, • Parcel 2186, Riverview Heights � � FUND Reg SA SW #13 SW #21 1963 SC St 1966-1 St 1966-1 Reg SA SW #13 SW #21 1963 SC St 1966-1 St 1966-1 Reg SA SW #13 SW #21 1963 SC St 1966-1 St 1966-1 FUND Reg SA SW #13 sw #2� 1963 SC St 1966-1 St 1966-1 ORIGINAL AMOUNT Paid $ 35.Q0 201.89 131.25 31025 392.25 Paid 35.00 201.89 131.25 31.25 192.25 Paid 17.50 100.94 68.82 16.25 99.97 1,486.76 Aaid $ 87.50 504.7? 331.32 78.75 484:47 1,486.76 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY [�I� ATTEST: 1975. CITY CLERK - Marvin C. Brunseil MAYOR - WILLIAM J. NEE r . . . - - ' I ' � • � �� ' ' �� ' RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBItiING OF SPECIAL ASSESSMENTS QN LOT 27, PARCEL 2210 AND LQT 28, PARCEL 2215, BLOCK I, RIVERVIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied wiih respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: � That the assessments levied against the following described parcels, to-t�it: Lot 27, Parcel 2210 and Lot 28, Parcel.2215, Block I, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 27, Blk I, Parcel 2210 Reg SA Paid Riverview Heights SW #13 $ 35.00 � SW #21 342.28 St 1966-1 31.25 St 19�66-1 1g2•25 Lot 28, Blk I, Parcel 2215 Reg SA Paid� Riverview Heights SW #13 35.00 SW #21 342.28 St 1966-1 31.25 St 1966-1 192.25 � 1,201.56 COMBINATION OF PARCELS Lots 27 & 28, Blk I, Parcel 2211 Riverview Heights FUND Reg SA SW �13 SW #21 St 1966-1 St 1966-] � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � pF 1975. � ' � � � ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE Paid $ 70.00 684.56 62.50 384.50 1,2Q1.56 DAY 0 • � RESOLUTION N0. - 1975 9 ` A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 29, PARCEL 2220 AND LOT 30, PARCEL 2225, BLOCK I, RIVERVIEW HEI•GHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: lhat the assessments levied against th.e following described parceis, to-wit: Lot 29, Parce] 222Q and Lot 30, Parcel 2�25, Block I, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 29, Blk I, Parcel 2220 Reg SA Paid Riverview Heights SW #13 Paid SW #21 Paid 1966 SC P�►�d - St 1966-1 $ 31.25 St 1966-1 192:25 !ot 30, Blk I, Parcel 2225 Reg SA Paid Riverview Heights S.W #13 Paid SW #2l Paid � 1966 SC Paid . St i966-1 31.25 St 1966-1 192.25 � 447.Q0 COMBINATION OF PARCELS Lots 29 & 30, B1k�T,.Parcel 2221 Riverview Heighis FUND Reg SA SW #13 SW #21 1966 SC St 1966=1 St 1966-1 Paid Paid Paid Paid $ 62.50 384. 50 447.00 ADOP7ED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1975. ATTEST: CITY CLERK - Marvin C. Brunsell MAYRO - WILLIAM J. NEE - �J � ' RESOLUTION N0. - 1975 A RESQLUTION AU7NORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON � LOT l, PARC�L 2380, LOT 2, PARCEL 2385, LOT 3, PARCEL 2390 ANQ LOT 4, PARCEL 2395 BLOCK J, RIVERVIEW NEIGHTS ADDITION � . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: l0 That the assessments levied against the following described parcels, to-wit: Lot 1, Parcel 2380, Lot 2, Parcel 2385, Lot 3, Parcei 2390 and Lot 4, Parcel 2395, B]ock J, Riverview Heights Addition, may and shall be apportianed and combined as follows: ORIGINAL PARCELS Lot 1, Blk J, Parcel 2380 Riverview Neight: Lot 2, Blk J, Parcel 2385 Riverview Heights Lot 3, Blk J, Parcel 2390 Riverview.Heights Lot 4, B1k J, Parcel 2395 COMBINATION OF PARCELS Lots 1-4, Blk J, Parcel 2381 Riverview Heights FUND Reg SA SG! #13 SW #21 SS #79 St 1971-1 Reg SA SW #13 SW #21 SS #79 St 7 971-1 Reg SA SW #13 SW #21 SS #79 St ]971-1 Reg SA SW #13 SW #21 .� SS #79 St 197i-i FJND Reg SA SW_ #13 SW #21 SS #79 St 1971-1 ORIGINAL AMOUNT Paid $ 35. 00 201.89 64.96 138.88 Paid 35.00 201.89 55.83 217.00 Pai d 35.00 201.89 55.83 217.00 Paid 35.00 201.89 55.83 217.00 1,969.89 Paid $ 140.00 807.56 232.45 789.88 1,969.89 ADOP7ED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1975. ATTEST: � CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE � 0 RESOLUTION N0. - i975 � A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL AS�ESSMENTS ON LOTS 37 & 38, PARCEL 2565 AND.LQT 39, PARCEL 2570, BLOCK J, RIVERVIEW HEIGHTS WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the foliowing described parcels, to-wit: Lots 37 & 38, Parcel 2565 and Lot 39, Parcel 2570, Block J, Riverview Heights Addition, may and sha11 be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lots 37 & 38, Blk J, Parcel 2565 Reg SA Paid Riverview Heights SW #13 $ 70.00 SW #Z1 684.55 St 1966-1 Paid St 1969-3 84.00 Lot 39, Blk J, Parcei 2570 Reg SA � Paid Riverview Heights SW #13 35.00 SW #21 61.50 � St 1966-1 Paid St 1969-3 42.OQ 977.05 COMBINATION OF PARCELS FUND Lots 37-39, Blk J, Parcel 2566 Reg•SA Riverview Heights SW #13 SW #21� St 19b9-3 Paid $ 105.00 746.05 126.00 �977.05 ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS DAY OF 1975. � � MAYOR - WILLIAM J. NEE � ATTEST: CITY CLERK - Marvin C. Brunsell 0 0 � . . . _ _.��1 w , � I � , ' � • � ' RESOLUTION N0. � - 1975 � A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMEPdTS ON LOT 46, PARCEL 2605 AND LOT 47, PARCEL 2610, BLOCK J, RIVERVIEW HEIGHTS ADDITION WNEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, TNEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 46, Parcel 2605 and Lot 47, Parcel 2610, Block J, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 46, Blk J, Parcel 2605 Reg SA Paid � Riverview Heights SW #13 $ 35.00 SW #21 342.28 St i 966-1. - 192.25 Lot 47, Blk J, Parcel 2610 Reg SA Paid Riverview Heights SW #13 35.00 SW #21 342.28 St 1966-1 192.25 1,139.06 COMBINATION OF PARCELS Lots 46 & 46, 81k J, Parcel 2615 Riverview Heights � FUND Reg SA SW #13 SW #21 �� St 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1975. � ATTEST: � �� I ' ' GITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE � Paid $ 70.00 684.56 384.50 � 1,139.06 DAY r � I , 0 ' . .1.� RESOLUTION Na. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 8& 9, PARCEL 2675 AND LOT 10, PARCEL 2680, BLOCK K, RIVERVIEW H�IGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: Tha� the assessments levied against the fo�llowing described parcels, to-wit: Lots 8& 9, Parcel 2675 and Lot 10, Parcel 2680, 81ock K, Riverview Neights Addition, may and shall be apportioned and combined as follows: QRIGINAL PARCELS FUND ORIGINAL AMOUNT Lots 8& 9, Blk K, Parcel 2675 Reg SA Paid Riverview Heights SW #13 $ 70.00 SW #21 497.38 SS #79 1�11.65 St 1971-1 434.00 Lot 10, Blk K, Parcel 268Q Reg SA � Paid Riverview Heights SW #i3 35.00 SW #21 248.69 � SS #79 55.83 St 1971-1 217.Q0 1,669.55 — COMBINATION OF PARCELS ' Lots 8-10, Blk K, Parcel 2676 Riverview Heights .:�-, . � FUND Reg• SA SW #13 S�! #21 SS #79 St 197i-1 ADOPTED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 1975. ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE Paid $ 105.00 746. 07 167.48 651. 00 1,669.55 DAY ' . • , _ . i ' RESOLUTION N0. - 1975 I� A RESOI.UTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 14, PARCEL 2700, LOT 15, PARCEL 2705, LOT 16, PARCEL 2710, AND LOT 17, PARCEL 2715, BLOCK K, RIVERVIEW NEIGHTS ADDITION � WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: 7hat the assessments levied against the following described parcels, to-wit: , Lot 14, Parcel 2700, Lot 15, Parce7 2705, Lat 16, Parcel 2710 and Lot l7, Parcel 2715, B1ock K, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS Lot 14, Blk K, Parcel 2700 Riverview Height� Lot 15, B1k K, Parcel 2705 Riverview Heighis Lat 16, Blk K, Parcel 2910 Riverview Heights Lot 17, Blk K, Parcel 1975 Riverview Heights COMBINATION OF PARCELS Lots 14-17, 81k K, Parcel 270] Riverview Heights Ft1ND Reg SA SW #13 sw #2� SS #79 St 1971-1 Reg SA SW #13 SW #21 SS #79 St 1971-1 Reg SA Sw #13 SW #21 SS #79 Reg SA SW '#13 SE #21 FUND Reg SA SW #13 SW #21 SS #79 St 1971-1 ORIGINAL AMOUNT Paid $ 35.00 20] . 89 �54.81 2i7.00 Paid 35.00 20i.89 38.06 217.00 Paid 35.00 201.89 12.69 Paid 35.00 201.89 1,487.12 Paid $ 140.00 807.5b 105.56 434.00 ,487.12 ADOPTED BY THE CIT•Y CQUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1975. � - LLI M J. NEE ATTEST: ' CITY CLERK - Marvin C. Brunsell � � l4 ' � , ' ' ' ' � . � � RESOLt1TI0N N0. - 1975 ' A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 10, PARCEL 2900, LOT 11, PARCEL 2905 AND LOT 12, PARCEL 2410, BLOCK L, RIVERVIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 10, Parcel 2900, Lot 11, Parcel 2905 and Lot 12, Parcel 2910, Block L, Riverview Heights Addition, may and sha11 be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT L'ot i0,.81k L, Parcel 2900 Reg SA Paid • Riverview Heights SW #13 $ 35.00 Lot li, Blk L, Parcel 2905 Reg SA . • Paid Riverview Heights SW #13 . 35.00 Lot i2, Blk L, Parcel 2910 Reg SA Paid Riverview Heights SW #13 35.00 � 105.d0 COMBINATION OF PARCELS FUND ORIGINAL AMOUNT Lots 10-12, B1k L, Parcel 2915 Reg SA Paid Riverview Heights SW #13 $ 105.00 105.00 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , � pF 1975. r � � ATTEST: �. ' ' CITY CLERK - Marvin C. Brunsell � . . MAYOR - WILLIAM J. NEE DAY 1�. � � . � � � � �' i ' � ,� . RESOLUTION N0. �- 1975 � A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON L07 13, PARCEL 2915, LOT 14, PARCEL 2920, LOT 15, PARCEL 2925, LOT i6, PARCEL 2430, LOTS 17 & 18, PARCEL 2940, BLOCK L, RIVERVIELJ HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: Th�t the assessments levied against the following described parcels, to-wit: Lot 13, Parcel 2915, Lot 14, Parcel 2920,,Lot 15, Parcel 2925, Lot 16, Parcel 2930 and Lots 17 &�8, Parcel 2940, Block L, Riverview Neights Addition, may and shali be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 13, Blk L, Parcel 2915 Reg SA Paid Riverview Heights SW #13 35.00 Lot 14, Blk L, Parcel 2920 Riverview Heights _ Lot 15, Blk L, Parcel 2925 Riverview Heights Lot 16, Blk L, °arce) 2930 Riverview Heights Lots 17 & 18, Blk L, Parcel 2940 Riverview Heights COMBINATION OF PARCELS Lots 13-18, Blk L, Parcel 2916 Riverview Heights Reg SA SW #13 Reg SA SW #13 R�g SA SW #13 SW #21 Reg SA SW #13 SW #21 St 1969-3 FUND Reg SA SW #13 St�i #21 St 1969-3 Paa d 35.00 Paid 35.00 Paid 35. 00 248.b9 Paid 84.01 521.98 957.00 1,951.68 ORIGINAL AMOUNT Paid $ 224.01 770.67 957.00 1,951.68 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: CITY CLERK - Marvin C. Brunsell 1975. MAYOR - WILLIAM J. NEE ' 0 RESOLUTION N0. - 1975 �I A RESOLUTION AUTHORIZING AND DTRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON � ' LOT 23, PARCEL 2965, LOT 24, PARCEL 2970, LOT 25, PARCEL 2975, AND LOT 26, � I PARCEL 2980, BLOCK L, RIVERVIEW HEIGHTS ADDITION . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: 1 Lot 23, Parcel 2965, Lot 24, Parcel 2970, Lot 25, Parcel 2975 and Lot 26, Parcel 2980, Block �, Riverview Heights Addition, may and shall be apportioned and combined as follaws: � ORIGINAL PARCELS Lot 23, Blk L, Parcel 2965 Riverview Heights Lot 24, B1k L, Parcel 2970 RivQrview Heights Lot 25, Blk L, Parcel 2975 Riverview Heights Lot 26, Blk L, Parcel 2980 COMBINATION OF PARCELS Lots 23-26, Blk L, Parcel 2966 Riverview Heights FUND Reg SA SW #13 1973 SC Reg SA SW #13 SW #21 Reg 5A SW #13 SW #21 St 1971-1 Reg SA SW �13 SW #21 St 1971-1 FUND Reg SA SW #13 S�J #21 St 1971-1 1973 SC ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS �� ATTEST: 1975. MAYOR - WILLIAM J. NEE CITY CLERK - Marvin C. Brunsell u ORIGINAL AMOUNT Paid $ 35.00 Paid P.aid 35.00 248.69 Paid 35.00 248.69 Paid Paid 35.00 248.69 Pa i d � 886.07 ORIGINAL AMOUNT Paid $ 140.00 746.07 Paid - Paid 886.07 � DAY c 1, RESOLUTION NQ. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING TNE COMBINING OF SPECIAL ASSESSMENTS ON LOT 30, PARCEL 3000 AND LOT 31, PARCEL 3005, BLOCK L, RIVERVIEW HEIGHTS ApDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 30, Parcel 3000 and Lot 31, Parcei 3005, Block L, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND -0RIGINAL AMOUNT Lot 30, Blk L, Parcel 30Q0 Reg SA Paid Riverview Heights Std #13 $ 35.00 SW #21 342.28 St 1971-1 217.00 Lot 31, Blk L, Parcel 3005 Reg SA � Paid Rivervie►,� Heights SW #13 35.00 SW #21 342.28 � S� 1971-1 217.00 1,188,56 CQMBINATIOt� OF PARCELS FUND . ORIGINAL AMOUNT Lois 30 & 30, Blk 1, Parcel 3001 Reg SA Paid Riverview Heights SW #13 $ J0.00 SW #2i 684.56 St 1971-1 �� 434.00 � 1,188.56 , ADQPTED BY THE CITY C011NCIL OF THE CITY OF FRIDLEY THIS OF 1975. MAYOR - WILLIAM J. NEE ATTEST: 0 CITY CLERK - Marvin C. Brunsell DAY � , RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 4, PARCEL 3350, AND LOT 5, PARCEL 3355, BLOCK 0, RIVER VIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said Tand has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 4, Parcel 3350, and Lot 5, Parcel 3355, 8lock 0, River View Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCEL FUND ORIGI�AL AP�OUNT Lot 4, Block 0, Parcel 3350, River View Heights Addition Lot 5, Block 0, Parcel 3355, River View Heights Addition COMBINATION OF PARCELS Lots 4 and 5, Block 0, Parcel 3351, River View Heights Addi- tion SW #13 Regular SA SW #21 1964 Service Gonn. ST. 1966-j ST. 1966-1 SW #13 Reguiar SA SW #21 1964 Service Conn, ST. 1966-1 FtJND SW #13 � Regular SA SW #21 1964 Service Conn. ST. 1966-1 ST. i966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. ATTEST: CITY CLERK Marvin C. Brunsell $ 38.31 Paid 198.41 208.89 48.30 269.15 $ 35.90 Paid 186.11 208.90 230.70 1,424.67 ORiGINAL AMOUNT $ 74.21 Paid 384.52 417.79 48.30 499.85 1,424.67 DAY OF MAYOR William J. Nee �. ' � ' RESOLUTION N0. - i975 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �/ LOT 6, PARCEL 3360, AND LOT 7, PARCEL 3365, BLOCK 0, RIVER VIEW HEIGHTS ADDITION , WNEREAS, certain special assessments have been levied with respect to certain � land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: , That the assessments levied against the follo�ving described parcels, to-wit: Lot 6, Parcel 3360, and Lot 7, Parcel 3365, 81ock 0, River View Heights Addi- tion, may and shall be apportioned and combined as follows: IORIGINAL PARCEL FUND ORIGINAL A�10UNT Lot 6, Parcel 3360, BTock 0, SW #13 $ 38.95 ' River View Heights Addition Regular SA Paid SW #21 354.58 ST. 1966-1� � 230.70 � Lot 7, Parcel 3365, Block 0, SW #l3 $ 41.62 River View Heights Addition Regular SA Paid , SW #21 354.58 ST. 1966-1 230.70 � � � COMBINATION OF PARCELS Lots 6 and 7, Block Q, Parcel 3361, River View Heights Addition FUND SW #13 Regular SA SW #Z1 ' ST. 1966-1 ADOPTED BY THE CITY COUNCIL OF THE GITY OF FRIDLEY THIS , 1975. ATTEST: CITY CLERK Marvin C. Brunsell �1,251.13 ORIGINAL AMOUNT $ 80.57 Paid 709.16 461.40 $-1,251.13 DAY OF MAYOR . William J. Nee � ' ' ' RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING APJD DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 12, BLOCK 0, PARCEL 3390; LOT 13, BLOCK 0, PARCEL 3395; AND LOT 14�, BLOCK 0, ' PARCEL 3400, RIVER VIEW HEIGHTS ADDITION �' WHEREAS, certain special assessments have been levied with respect to certain � land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows:, ' That the assessments levied against the following described parcels, to-wit: Lot 12, Block 0, Parcel 3390; Lot.l3, Block 0, Parcel 3395; and Lot 14, Block 0, � Parcel 3400, River View Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND QRIGINAL AMOUNT � Lot 12, Block 0, Parcel 3390, SW #13 $ 42.00 River View Heights Addition Regular SA Paid Loi�13, Block 0, Parcel 3395, River View Heights Addition Lot 14, Block 0, Parcel 3400, River View Heights Addition SW #21 ST. 1966-1 ST. 1969-3 SW #13 Regular SR SW #21 ST. 1969-3 SW #13 Regular SA SW #21 ST. 19fi9-3 COMBINATION OF PARCELS FUND Lots 12-14, Block 4, Parcel 3396, Regular SA River View Heights Addition. SW #13 . SW #21 ST. 1966-1 � ST.�1969-3 260.99 284.53 261.00 $ 42.00 Paid 260.99 261.00 $ 42.00 Paid 260.99 261.00 1,976.50 ORIGINAL AMOUNT � Paid $ 126.00 � 782:97 284.53 783.00 � 1,976.50 ADOPTED BY THE CITY COUNCIL OF-THE CITY OF FRIDLEY THIS -DAY OF , 1975. . ATTEST: CITY CLERK Marvin C. Brunsell MAYOR William J. Nee c �L ' . D � �� , . F�:.E w 10000 for ::�ro c'•.��5 � . ?^ve00 �icel<1L� ��orO �:L�.1. jr��i ' �' . l, r . -r— Iv.1I•;I� .�.1'Y�i�..L�:l}.!1;��1 ��.tL Js.liii:,(JJ�'. i;iJC`ia;.i;i_r;itS � L�d � 7vo �� s �� ;�SS 1�r1d:: }3UjS1Ji_.;,5 t•,LI;;ii�t"�: ✓%i �` " �^ /f/ l, ltddress oi p�e�cr�'cy �•riicre sa? � a.�, �:a t�e conductc� `� � �-� �� l � � `S ,.� �" '� 2, 1':ature ot ��r�a.cl�s ta �e �olm�.�...��..� �' � I O e� � S --------- ' � 3 0�Cc�ners of proper:.; t:here �a:.e as.�� ' 1�0 4s:n�rs of �?.i'L'! Ctes i;o be sold 5 d�i� L�.'� �. Hour� of sale ��`� O � �d �r' o � �%� � � � . 6. P��opose�i dates oi sZ1e �.S v_� �f / — 7--5 �-�7 70• I�1arr:es� ac;d.res�es ant� liccn:;c rrul::ber of �.uci.ionee��,_,� �Q�/Lr ��/I'v ��,�� /uZti �, '„g� oa3� � ' 8o T� :�:oto� vehic7 c s�?.� �;;` ;;e si�c �nd i'3oor axea o:E' px�^csecz st.? c� '�ua.yc?in�; r . � 9, �'lan �or :;treet i.;��r'.:i.,�!.�, � . ' � � /� � 5 �/°Z� r % �'��`� �vs ---�- ' � � C(;.•.: L;�;1'S , :ilCa;f�i'li%/�l' f�1'Yl.,l(;:.�,T r ~ � ' ' PETI7ION TO THE CITY OF FRIDLEY FOR SUBDIVISION (PLAT) APPROVAL This agreement, entered into this 11th day of �u�y , 1975 between the City of Fridley,Minnesota hereafter referred to as the City, and Pine Tx�ee ��i�d�rs-,�-nc. , Owner(s), hereafter referred to as the Developer(s) for the purpose of petitioning for approval of the plat known as Rice Creek Estates Second Addition. The Developer hereby petitions the City to approve the plat known as Rice Creek Estates Second Addition. In consideration for approval of the piat it is mututally agreed as fallows: 1. The Developer agrees to escrow $8.00 per 100 square feet for all lots in Rice Creek Estates Addition and Rice Creek Estates Second Addition for constructior� of storm sewer. 2: Credit will be applied against the $8.00 per 100 square foot escrow required for each lot of Rice Creek Estates Addition and Rice Creek Estates Second Addition for storm sewer constructed under Sanitary Sewer, � Water and Storm Sewer Project Nos. 106 and 114. ' 3. Credit will be applied against the $8.00 per l00 square foot escrow required for each lot of Rice Creek Estates Addition and Rice Creek Estates Second Addition for storm sewer constructed under Street Improve- � ment Project St. 1975-1� Addendum #1 also. 4. That the storm sewer to be constructed under St. 1975-1 was extended at the request of the Developer beyond what was initially planned by the City in order to eliminate a long length of surface drainage by constructing storm sewer structures and piping in the intersection of Rice Creek Drive and Briardale Road. 5. That the estimated storm sewer cost included in Street Improvement Project Addendum #1 is $11,275.00. . � . 6. That the Dev�loper requests the City to modify the Preliminary Assessment Roll for St. 1975-1 dated May 12, 1975 to indicate a pending assessment against all properties in Rice Creek Estates Addition and Rice Creek Estates Second Addition, based on.a proportionate ratia of the escrow required and the storm sewer costs of St. 1975-1 as noted on attached Exhibits A and B�. � . 7. The Developer agrees to escrow $8.00 per 100 square foot for lots 1, 2, �3 and 4, Block 1, Rice Creek Estates Addition, for construction of storm sewer. �� ' ' �a '!I ' Agreement; Rice Creek Estates Addition and Ri.ce Creek Estates Second Addition , Page 2 , 8. Totai escrow far storm sewer construction in Rice Creek Estates Add�tion and Rice Creek Estates Second Addition shall not exceed $3500 after credit has been given for Projects #106, �114, and St. 1975-1, Addendum #1. 9. It is agreed that both parties would adhere to the terms outlined and no further methods would be pursued objecting to this agreement. IN WITNESS THEREOF, the party hereto has set his hand and seal this , � day of � , 1975. . , � , , _ � �, � " , ,� � � � c„�.-.. �',, Witness Edwin A. Dropps, Jr.� r ' President, Pine Tree Builders, Inc. � 0 Witness Wi tness 9 �Mayor - William J. Nee ' � . • City Manager - Nasim M. Qureshi ' �� ' �_J � ' �_.1 EXHIBIT A R�� REVISED ESTIMATE OF ESCROWS NEEDED FOR RICE CREEK ESTATES �IIIDITIDN � ' Change due to fact that portion o�F Rice Creek Estates Addition is now part of Rice Greek Estates 2nd Addition) � LEGAL DESCRIPTION ASSESSED ASSESSED STORM SEWER ESCROW LOT � BLOCI: AREA UNDER UNDER PENDING UNDER NEEDED � � SS �106 SS #�114 ' ST.1975-1,ADD. #1 � � s,�5a � - � $ - � .-- � 800.00 2 1 9,840 - �. - -- 800.00 3 1 9,680 412.50 171.60 -- 215.90 4 1 9,975 432.50 179.92 -- 187.58 1 2 9,500 475.00 i97.60 .138.36 -- 2 2 9,800 � 490.00 203.84 715.29 -- 3 2 9,250 �62.50 192.40 . 157.58 -- .4 2 9,850 492.50 204.88 111.45 -- 1 3 9,375 468.75 195.00 147.97 � -- 2. 3 9,�00 470.00 195.52 146.05 -- 1. 4 9,200 460.00 191.36 161.42 -- 2 4 9,000 450.00 187.20 176.80 -- 3 4 9,OOQ . 450.00 187.20 176.80 -- 4 � . 4 9,000 . 450.00 187.20 176.80 -- 5 4 9,000 131.25 1.87.20 522.96 --. 6 �4 � 9,Q00 131.25 187.20 522.96 -- 7. 4 11,040 162.75 229.63 533.03 -- 8 4 9,600 292:25 199.68 334.�56 -- 9� 4 9,375 131.25 195.00 514.49 -- 10� 4 i0,300 135.25 ' 214.24 514.23 -- Out7ot A* � 4,110 84.00 . 34.94. 227.91 -_ Outlot B* 3,700 185.00 76.96 36.97 -- _ � 6,�67.75 � $ 3,618.57 .�4,715.63 $2,003.48 j , * These lots figured on a total of $8.00 per 100 square feet of area as they are not large enough for building sites by themselves. � � ' : � . Special.Assessment Department I, Revised June 30, 1975 � _ ' � . � : - __ • . . ' • - . EXHIBI7 B .� � ' . � � • ESTIMATE OF ESCROWS NEEDED FOR RICE CREEK ESTATES 2ND IIDDITION .� .► LEGAL DESCRIPTION ASSESSED ASSESSED STORM SEWER ESCROW f � ' t � LOT BLOCK AREA UNDER UNDER pENDING UNDER NEEDED � ' SS #106 SS #114 ST.1975-1,ADD.�1 , . ' 1 1 9,040 $ - $ 242.68 � 605.24 $ -- �� , 2 � 1 8,900 - 238.92 � b09.33 -- �� :� 3. 1 11,800 - 269.85 732.12 _` :� 4 1 13,200 260.42 327.69 508.12 �5 i 10,000 5b2.19 � 268.51 6 � 1 10,425 586.11 � 279.94 � � 7 1 10,237 575.53; 274.88 � 8 1 10,Q50 565.00 269.85 �� 9 1 9,862 554.43 264.79 : � 10 1 9,675 182.17 259.77 - 388.85 -- :F 11 � 1 9,525 - 255.74 591.06 -- t � 12 1 10,200 - - �273.90 588.72 -- ; � ' � � � 1 2 10,880 611.74 . �292.19 _ ► 2� 2 10,350 581.90 277.93 ; , 3 . 2 � i1,240 692.01 326.83 - � � � � 1 3 9,720 546.43 260.98 ` 2 3 9,000 505.9Q 241.62. 56.99 -. � ' . .. > � 1 � .18,700 � 353.89 502.55 694.56 -- ' `' -2 4 19,000 337.00 510.62 730.20 -- � ' 68I.11 -_ ' 3 4 18,700 366.27 502.55 � 4 4 12,500 136.25 524.53 368.39 -- � . ' . $ 7,4�17.24 . $ 6,666.32 $6,554.69 $ -- ` � . _ -., . �_ � _ •___ _ . _ � : . . . . I ' . - - . . .. ._. . . ...:� _..._ I • - ' . _ . . . . � . _ . . . . . _ . . . _ ' - � i .. ' . . ' • ' . . ' I . • i . - ' • ; i ' ' , • . . • . � . . � � - � • i • j . � • i -' � . . � • � • - . . � � . ' i . ! . . . � ' � ' � • . � . � � . . . 1 . � � Special Assessment Department � � ' June 30, 1975 . . � . •. . . ' �. ' . . � . . . � ' � .. . . • � ' . . . ' - I� � � / � RESOLUTION N0. A RESOLUTION OPPOSING RULES AND REGULATIONS OF TN� MllNICIPAL SHORELAND MANAGEMENT ACT WHEREAS, the State ef Minnesota, Department of Natural Resources is proposing regulations for the management of shorelands within municipal boundaries in the State of Minnesota, in accordance with the authority granted in the Laws of Minnesota 1973, Chapter 379 and the Minnesota Statutes 1974, Chapters 105, 115, 116 and 462; and 'WHEREAS, the Department of Natural Resources pursuant to Minnesota Statutes 1974 Section 462.362 requires the municipalities to provide for the administration and enforcement of the Municipal Shoreland Ordinance; and WHEREAS, the Fridley City Council and Fridley City Planning Commission have reviewed the proposed rules and regulations as they affect the City of Fridley; and WHEREAS, this review has brought forth the following concerns on the proposed rules and regulations, Chapter Six, NR 82-84: 1. That the classification af the public waters by the Commissioner is unrealistic and should be left up to the determination of the City. This would save the additional time, effort and cost involved in resubmitting proposals to the Commissioner for his dictate. 2. The zoning provisioiis as laid ou� in the proposed rules and regu- lations are unworkable in the City of Fridley for the following reasons: a. The City is almost totally developed and those areas along the designated public waters have been previously subdivided. These lots�will be undersized nonconforming lots according to the proposed ordinance and will.cause definite hardships on the utilization of these�lots. . b. The setback requirements as laid out in the proposed ordinance wo�ld make al] of the structures in the Shoreland Management Area nonconforming structures and therefore unrepairable if over 50°d damaged because of inability to meet the proposed criteria, 3. The zoning provisions as laid out in the proposed ordinance is discriminatory against Tow and moderate income persons unable to afford the property due to increased lot sizes as required by the proposed ordinance. 4. The provisions of the proposed ordinance shows lack of coordination of other State agencies by establishing a number of rules and regulations �requiring municipalities to adopt a set of conflicting zoning requirements without provisions of precedence (examples: Floodplain,, Critical Areas, Environmental Protection Act, etc.). • 0 � , - J ' ' � , ' Resolution No. -2- , 5. It is unrealistic to set up a variance procedure for something that would require a variance in all cases. This just increases the burden on the municipality which is already limited to the amount of .funding available. NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley is opposed to the proposed rules and regulations for the above reasons and suggests that the rules and regulations be drafted to allow more flexibility at the discretion of the municipal government and allow the municipal government to implement the intent of the Municipal Shoreland Management Act in a way that will best serve the needs of the community, expecially in the following areas: 1. That the classification of public waters be performed by the City and if the Department of Natural Resources does not agree, they should prepare the reasoning and data for the changes. � 2. That all platted and/or developed property shall be exempt from the proposed rules and regulations. . � 3. That where public water and sewer are available, the City should determine ]ot sizes. 4. That an existing State agency be given responsibility to review and eliminate conflicting rules and regulations adopted by other State agencies. 5. That the rules and regulations for developed communities be prepared ' separately to provide a more realistic implementation of the Act, which would provide that variances be required on a limited basis. ' . ' ' ' ' � , ADOPTED BY THE CITY COUNCIL OF TNE CITY Of FRIDLEY THIS , 1975. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIAM J. NEE 0 DAY OF